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HomeMy WebLinkAbout2018-05-15 - Minutes -Council Member Adella Gray Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting May 15, 2018 City Council Meeting Minutes May 15, 2018 Page 1 of 8 Council Member Justin Tennant Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member John La Tour Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on May 15, 2018 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Adella Gray, Mark Kinion, Justin Tennant, Sarah Bunch, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Council Member Mark Kinion arrived late at 5:41 p.m. Absent: Council Members Sarah Marsh, Matthew Petty, and John La Tour. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: Yvonne Richardson Community Center Donation: A resolution to approve a budget adjustment in the amount of $15,000.00 representing a donation to the Yvonne Richardson Community Center from Jane Hunt Meade and Dr. Benjamin Meade, administered by the Arkansas Community Foundation, to expand the Summer Fun4kids Program. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 15, 2018 Page 2 of 8 City Attorney Kit Williams: We only have five total members, including the Mayor. We need six total members to suspend the rules and place it on the agenda. Mayor Jordan: We can hold it right here and maybe another Council Member will arrive. Don Marr, Chief of Staff stated the item is time sensitive and requested for it to be added to the agenda. Council Member Tennant moved to add the Yvonne Richardson Community Center Donation item to the agenda. Council Member Gray seconded the motion. Upon roll call the motion passed 6-0. Council Members Smith, Gray, Kinion, Tennant, and Bunch voting yes. Mayor Jordan voting yes. Council Members La Tour, Marsh, and Petty were absent. Mayor Jordan read the resolution. Tenisha Gist, YRCC Director gave a brief description of the resolution. Council Member Gray: I am delighted we have this wonderful gift to our community. Council Member Tennant: This is a great thing we can do for kids that may not have a chance to do this sort of thing in the summer. Thank you to the YRCC for providing a great service to our community. Mayor Jordan agreed with Council Members Gray and Tennant. Council Member Gray moved to approve the resolution. Council Member Tennant seconded the motion. Upon roll call the resolution passed 5-0. Council Members Smith, Gray, Kinion, Tennant, and Bunch voting yes. Council Members La Tour, Marsh, and Petty were absent. Resolution 110-18 as recorded in the office of the City Clerk Consent: Approval of the May 1, 2018 City Council Meeting Minutes. Approved Off Street Parking Improvement District No. 1: A resolution to appoint or reappoint the following owners of property within the Off -Street Parking Improvement District No. 1 of Fayetteville as commissioners on the Off -Street Parking Improvement District Board: Greg Lee, Evelyn E. Brooks, George Niblock, Jr., Don Stroessner and Chris Baribeau. Resolution 111-18 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 15, 2018 Page 3 of 8 Waste -Away, LLC d/b/a White Line Waste Agreement: A resolution to approve an agreement with Waste -Away, LLC d/b/a White Line Waste for the hauling of solid waste and recyclable material generated from construction and demolition activities in the City of Fayetteville. Resolution 112-18 as recorded in the office of the City Clerk RFP #18-03 Ahnimisha Consulting, LLC: A resolution to award RFP #18-03 and authorize a one-year contract with Ahnimisha Consulting, LLC for organizational development consulting services as needed with an option to renew for up to four (4) additional one-year terms. Resolution 113-18 as recorded in the office of the City Clerk RFP #18-03 Illuminative Strategies, Inc.: A resolution to award RFP #18-03 and authorize a one-year contract with Illuminative Strategies, Inc. for organizational development consulting services as needed with an option to renew for up to four (4) additional one-year terms. Resolution 114-18 as recorded in the office of the City Clerk ADM 18-6167 (1436 S. Duncan Ave./Swifty Properties): A resolution pursuant to § 166.04(B)(2) of the Fayetteville Unified Development Code to approve the dedication of a reduced amount of right of way along west Fifteenth Street by approximately 276 square feet to account for a portion of an existing home at 1436 South Duncan Avenue and to reduce the Master Street Plan right of way dedication for this portion of West Fifteenth street by 276 square feet. Resolution 11548 as recorded in the office of the City Clerk Bid #18-25 J.R. Stewart Pump and Equipment, Inc.: A resolution to award Bid #18-25 and authorize the purchase of a pump rebuild kit and critical spare parts for the Hamestring Lift Station on Sunshine Road from J.R. Stewart Pump & Equipment, Inc. in the amount of $46,994.40 plus applicable sales taxes. Resolution 116-18 as recorded in the office of the City Clerk Council Member Gray moved to accept the Consent Agenda as read. Council Member Tennant seconded the motion. Upon roll call the motion passed 5-0. Council Members Smith, Gray, Tennant, and Bunch voting yes. Mayor Jordan voting yes. Council Member Kinion was absent during the vote. Council Members La Tour, Marsh, and Petty were absent. Unfinished Business: Raze and Removal ATR Properties, LLC: A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by ATR Properties, LLC located at 1946 North College Avenue in the City of Fayetteville, Arkansas, and to approve a budget adjustment of $11,678.00. At the May 1, 2018 City Council meeting this resolution was tabled to the May 15, 2018 City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 15, 2018 Page 4 of 8 Don Marr, Chief of Staff. We received an email from Council Member Marsh since she is unable to attend the meeting tonight. She has not heard any interest from anyone regarding saving the house on North College. She was one of the ones who tabled it at the last meeting. She does not have any new information and is not requesting us to hold it. David Carver, Code Compliance Administrator: The item was tabled at the May 1, 2018 meeting. Since then I have spoken with the property owner to inform him of the tabling. He inquired as to why the item was tabled. He did not express any interest in preserving or renovating the structure to bring it into compliance with City Code. He stated they may seek to raze and remove the structure themselves during the required 30 -day grace period from approval of this resolution. Staff is recommending approval. It was determined that the owner was not in attendance. Council Member Gray moved to approve the resolution. Council Member Tennant seconded the motion. Upon roll call the resolution passed 5-0. Council Members Smith, Gray, Tennant, and Bunch voting yes. Mayor Jordan voting yes. Council Member Kinion was absent during the vote. Council Members La Tour, Marsh, and Petty were absent. Resolution 117-18 as recorded in the office of the City Clerk New Business: Oxford Bend Waterline Cost Share: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Bob Weaver for the installation of water main along a 370 -foot portion of Oxford Bend Road, with the estimated amount to be paid by the City of Fayetteville not to exceed $6,535.00, and to approve a project contingency in the amount of $1,307.00. City Attorney Kit Williams read the ordinance. Don Marr, Chief of Staff. Council Member Marsh sent an email requesting us to hold this item on the first reading so the Water & Sewer Committee may review it. There was not a quorum for the Water & Sewer Committee meeting. City Attorney Kit Williams: Since we only have five members here, we have to leave it on the first reading. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the next Water & Sewer meeting will be on May 29, 2018. Council Member Tennant: Is this north of Highway 45? Tim Nyander: Yes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 15, 2018 Page 5 of 8 Council Member Tennant: Does Oxford Bend connect to 45? Tim Nyander: It does. Council Member Tennant: Just pass this area where the extension will be, could be another housing development at some point? Tim Nyander: That is correct. Council Member Tennant: It makes sense to me, especially saving money in the future. The Water & Sewer Committee will meet in two weeks. This ordinance was left on the First Reading. RZN 18-6152 (4005 W. Mlk Blvd/Duggar): An ordinance to rezone that property described in rezoning petition RZN 18-6152 for approximately 23.76 acres located at 4005 West Martin Luther King Jr. Boulevard from R -A, Residential Agricultural to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Tennant: Just to the west towards the intersection of Rupple, what is the road that goes across? Garner Stoll: It's an extension of Rupple and it is called Hoot Owl Lane and Smokehouse Trail. A discussion followed about a section of land that is zoned Residential Agricultural and everything around it being zoned Urban Thoroughfare. Council Member Tennant: I find it a little curious the one property is R -A. I would think development around that intersection is going to be popular, but you still have that spot which is not very big, as far as street frontage. Don Marr, Chief of Staff. I think the reason you don't see something for that is because this is an applicant generated request. They aren't the property owner for the property you are questioning. Melvin Milholland, Milholland Engineering & Surveying spoke briefly about tree removal and canopy. He stated the request is in compliance with the 2030 City Plan. Citizen, Hoot Owl Lane requested for the zoning that is chosen to be one that preserves as many trees as possible. She requested to know what percentage of trees would be preserved with the Urban Thoroughfare zoning. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 15, 2018 Page 6 of 8 Mayor Jordan: I believe it is 22 acres and eight acres of trees left. It would be less than 50%. Garner Stoll: That is what the Forestry Division has been discussing with the applicant. The minimum requirement of Urban Thoroughfare is 15%. The eight acres they have been discussing is well over that. A discussion followed about tree preservation while viewing a diagram. Garner Stoll: The Forestry Division works with applicants to try to preserve as many trees as possible. They could meet the minimum requirements on this parcel. The citizen on Hoot Owl Lane spoke about the habitat in the area. Council Member Tennant: Almost all developments at the planning and city stages, there's usually some kind of tree plant of some sort. We rarely have things that just take every single living thing off the land. I wouldn't suggest that here. Garner Stoll: That is true. They would have to go through sub -division and a major development plan, which has to go to the Planning Commission. It gives opportunities to integrate the existing trees to meet our tree requirements. Council Member Tennant: There will be a lot of steps to go through before development ever happens. Council Member Gray: That eight acres would meet the percentage? We would not have any control over that? Don Marr, Chief of Staff: You all made changes about grading permits and the fact that we look at sites not from speculative development, but must have a development plan in front of us when we look at tree preservation areas and they'll have to meet the requirement. The requirement in this zone is 15%. If you look at this whole parcel, it could meet it, technically. We also have the landmark tree items that come into play in addition to the site for development. City Attorney Kit Williams: There are higher priorities with some trees, which are landmark trees. Even though it makes a lot of sense to save more of the tree canopy on the steeper part of the hill, which would be more susceptible to erosion, I don't think that means none of the trees on the other part will be saved and clear cut down. That's certainly something that the city is not in favor of. There is no tree preservation plan now, so no trees can be removed until there is a tree preservation plan. However, it does make a lot of sense to have a lot of the preserved trees up the hill as a buffer. The major number of trees are on the upper part, which is an area that probably will not be disturbed very much. The lower area will be disturbed a lot. Garner Stoll: You recently changed the process, not to allow the applicant to come in and request a grading permit and clear cut this and meet the technical requirements with this reservation. They have to come in and get their site plan approved. When they go through that process, it is to their 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes May 15, 2018 Page 7 of 8 advantage to meet the tree planting requirements with saving trees, as well as adding to the value of the land. Citizen, Hoot Owl Lane: Is there any opportunity for neighbors of this site to influence that process once there is a development in question? Mayor Jordan: This is a major rezoning and I wouldn't be in favor of pushing it on through. I know Council Member Marsh, which this is in her and Council Member Gray's ward would want to weigh in on it. Wouldn't she, Council Member Gray? Council Member Gray: Yes. City Attorney Kit Williams: Even after the rezoning is approved, this will be what's called a Large -Scale Development. That is brought back before the Planning Commission to make sure all the things the city has required have been met. If all the requirements have been met, then it must be approved, whether we would rather see more trees saved or not. It is open to public comment and you would be able to come before the Planning Commission at that time. Council Member Bunch: I like the idea of maintaining eight acres along the back with a large density of trees. I would rather have a 30 -year-old tree versus a stick tree saved. I would like to see some of the existing trees on the larger acreage maintained if we possibly can. Mayor Jordan: I have some concerns about the urban forest in there. Council Member Smith: We always look at these as a big chunk of many acres. If it is subdivided into smaller parcels, how would the tree preservation percentages be applied? City Attorney Kit Williams: The first thing before trees are removed is that a tree search survey will be held. It is required of the developer and will be looked over by our Urban Forestry Division. They will be looking for landmark trees and better trees. Normally, if no trees have been removed and this is split, then each parcel would be responsible to meet the percentage on its own parcel. If the parcel was joined, which it probably will be with the trees up the hill in the residential agriculturally zoned area, then trees that are saved up there can go into the saved 15%. If it was cut off and was not joined with the Urban Thoroughfare parcel, then those trees would not be able to be part of the preserved trees. I'm sure the developer realizes this and will keep that as part of the UT parcel, even though it is zoned R -A. If they split it up, then each parcel when it is developed must meet our tree ordinance. Council Member Gray: I would like to hold it on this reading. Mayor Jordan: I would too. I'd like to have a full Council discussion. This ordinance was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 15, 2018 Page 8 of 8 Announcements: Don Marr, Chief of Staff. Mayor Jordan and the Digital Inclusion Task Force have scheduled kick off events this week to raise awareness about the importance of improving digital equity for all our residents. Information can be viewed on the city website. City Council Agenda Session Presentations: Agenda Session Presentation: Walton Arts Center Update. University of Arkansas Senior Design Project Presentation; Low impact development additions to city parking lot 55. Annual Agenda Session Presentation by Dr. Glenda Patterson of the Urban Forestry Advisory Board. City Council Tour: None Ad'o rnment: 6:06 p.m. Lion Jo an',Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov