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HomeMy WebLinkAbout2018-05-01 - 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 1, 2018 City Council Meeting Minutes May 1, 2018 Page 1 of 22 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 1, 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, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tegnant, Sarah Bunch, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Don Marr, Chief of Staff stated recently there have been repercussions from a lightning strike that occurred a couple of months ago and are being felt in the AV system in City Council chambers. He spoke about the repairs being made. He stated there would be small delays in the system, but would be corrected by the next City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 2 of 22 Agenda Additions: None Consent: Approval of the April 17, 2018 City Council Meeting Minutes. Approved Hugg and Hall Equipment Company: A resolution to authorize the purchase of a Volvo ECR145E Excavator from Hugg and Hall Equipment Company of Springdale, Arkansas, in the amount of $150,641.00 pursuant to a National Joint Powers Alliance cooperative purchasing agreement, for use by the Transportation Services Department. Resolution 99-18 as recorded in the office of the City Clerk Bobcat Company: A resolution to authorize the purchase of a Bobcat E42 T4 Compact Excavator in the amount of $45,902.70 and a Bobcat HB980 Hydraulic Breaker attachment in the amount of $6,744.20, plus applicable sales taxes, from Bobcat Company of West Fargo, North Dakota, pursuant to a National Joint Powers Alliance cooperative purchasing agreement, for use by the Water and Sewer Operations Division. Resolution 100-18 as recorded in the office of the City Clerk Lewis Automotive Group: A resolution to authorize the purchase of a 2018 Dodge Ram 1500 4WD Quad Cab from Lewis Automotive Group of Fayetteville, Arkansas in the amount of $22,572.00, pursuant to a state procurement contract, for use by the Water and Sewer Operations Division. Resolution 101-18 as recorded in the office of the City Clerk Tactical Body Armor Vests: A resolution to approve a budget adjustment in the amount of $16,058.00 to appropriate funds for the purchase of tactical body armor vests for 4th Judicial District Drug Task Force investigators. Resolution 102-18 as recorded in the office of the City Clerk State Drug Crime Enforcement and Prosecution Grant: A resolution to authorize acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $37,614.14, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. Resolution 103-18 as recorded in the office of the City Clerk Garner Stoll honorarium Acceptance: A resolution to approve a budget adjustment in the amount of $1,000.00 recognizing an honorarium received by Development Services Director 113 West Mountain Fayetteville, AR 72701 (479)575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 3 of 22 Garner Stoll from the University of Arkansas to be allocated to the Development Services Travel and Training budget. Resolution 104-18 as recorded in the office of the City Clerk CivicPlus, Inc.: A resolution to approve a three (3) year contract with CivicPlus, Inc. for the purchase of CivicRec Recreation Management Software in the amount of $25,875.00 for the first year and $4,500.00 for the second year, plus applicable sales taxes, with an annual price increase of five percent (5%) for the third year and beyond, and to approve a project contingency in the amount of $4,000.00 each year the contract is in effect. Resolution 105-18 as recorded in the office of the City Clerk Public Access Television Fee Revenue: A resolution to approve a budget adjustment in the amount of $9,470.00 recognizing public access television fee revenue to be used for promotional activities and the purchase of minor equipment. Resolution 106-18 as recorded in the office of the City Clerk Bid #18-19 Custom Pavement Maintenance and Safety, LLC: A resolution to award Bid #18- 19 and authorize a contract with Custom Pavement Maintenance and Safety, LLC for paint removal and repainting at Drake Field in the amounts set forth in the bid documents for an estimated total of $124,300.00, to approve a project contingency in the amount of $11,670.00, to authorize acceptance of an Arkansas Department of Aeronautics 90/10 matching grant in the amount of $128,970.00, and to approve a budget adjustment. Resolution 107-I8 as recorded in the office of the City Clerk Special Needs Assistance Program Grant Agreements: A resolution to approve the renewal of two Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $228,826.00 for the city to administer programs to assist homeless Fayetteville residents. Resolution 108-18 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 unanimously. Unfinished Business: RZN 17-6052 (East of Rolling Hills Dr./Keenan): An ordinance to rezone that property described in rezoning petition RZN 17-6052 for approximately 22.59 acres located at east of Rolling Hills Drive and Old Missouri Road from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation. At the April 17, 2018 City Council meeting this ordinance 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 4 of 22 was left on the first reading. At the March 6, 2018 City Council meeting this ordinance was sent back to Planning Commission. Council Member Tennant moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Andrew Garner, City Planning Director stated he did not have any new information for the City Council. Mitch Weigel, Downtown Properties, Applicant's Representative stated he is asking to rezone from RSF-4 to NC, which allows them to build smaller homes on smaller lots. He stated anything else, such as duplexes or triplexes would require a new applicant to come before the Council for a Conditional Use Permit. He stated that is not his objective. He gave a brief description of the item. Don Marr, Chief of Staff: At the last City Council meeting, the Council asked us to reach out to the Fayetteville Public School for them to speak about enrollment items for the schools impacted by this request. Dr. John L. Colbert, Acting Superintendent for Fayetteville Public Schools presented a PowerPoint presentation. He spoke about the Fayetteville Public Schools demographic study and the projected enrollment for the next ten years. He stated the report can be viewed on the website. Mayor Jordan: You feel that Butterfield can handle growth? Dr. John L. Colbert: Yes. According to the report for the next ten years we will not reach capacity at that school. Council Member Tennant: One of the major concerns of a school district is the safety of students. There has been a lot of talk about development around this school would cause a potential safety issue because of increased traffic. Is that discussed in a formal way at your level or the school board level? There are kids at Butterfield who have to cross areas and we have talked about improving those crosswalks. Dr. John L. Colbert: Safety is an ongoing discussion we have. When we have new development around the different schools, we try to reach out and make sure they consider having appropriate sidewalks for pedestrians. Council Member Tennant: In this case, there is nothing alarming you have talked about regarding the traffic flow? Dr. John L. Colbert: No, we have not. Don Marr: In Rogers, Springdale, and Bentonville we hear about the growth of the city and when they are developing land, their involvement in the city's land use plans about whether they stop 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 5 of 22 development by saying we don't have school capacity or they handle development by building additional schools. Can you speak to what Fayetteville's approach is when land is changed from being unused to developed land? Dr. John L. Colbert: We did not encourage or discourage that because we have faith in the city to make those decisions. Once it is made, we act accordingly to address the issues that come along for us to open a new school or deal with the traffic with the current schools. Don Marr: The school district is notified when all zoning requests come before us at the city at the time of application. Dr. John L. Colbert: Yes, we do receive those. Ryan Billingsley, 3113 Warwick voiced his ecological concerns and neighborhood compatibility. He stated it feels like it's being rezoned to help the seller to sell the land before knowing what it's going to be used for. Mayor Jordan: We always rezone first. Don Marr: We have different scenarios. A property owner can do it and have a sale contingent. A property owner can do it before a sale. The new owner can do it later. Ryan Billingsley: Do we have a sale contingent? Mayor Jordan: I do not know. That would be a question for the applicant. Emily Brickman, 3183 Katherine spoke about slope calculations. She spoke about a Planned Zoning District and preservation of the property. She stated green space can improve a person's quality of life. She stated her concerns about flooding and tree canopy coverage. Council Member Tennant: Are you familiar with the entire city and the spaces we have? Do you think this space is one of the last of the remaining of its size that would have the issues you are mentioning? Emily Brickman: This would be one of the last remaining portions of Fayetteville along the Fayetteville Fault. The Fayetteville Fault runs all through the City of Fayetteville, but at this specific property and the Huntington Neighborhood, there are development issues that relate to this. There is an abandoned parcel in our neighborhood because the Fayetteville Fault outcrops on the property. There could be significant development issues related to the Fayetteville Fault. Council Member Tennant: If we don't do anything and we leave it as is, is that less damaging or more damaging if we change it? Emily Brickman: If developed at a higher percentage, the environment will be more significantly impacted. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 6 of 22 Jaqueline Lobb, 3043 Strawberry spoke about the Fayetteville Public Schools projection for capacity. She stated Butterfield is in a stable neighborhood without any building right now and the projection would completely change if built at a higher density. She spoke about Holcomb's school capacity. Don Marr: Does the study addresses future development of land? Dr. John L. Colbert: Yes, it does. It addresses vacant and the 50 -acre site proposed. It was included in the study. Don Marr: As a developed site? Dr. John L. Colbert: Yes. Andrew Garner, City Planning Director: When the school district goes through the demographic study they work with our office. We looked at approval of developments and potential development sites. They were incorporated into the demographic study. Mike Burkett, 2798 North Shell Avenue spoke about water issues on the property. He requested to know if there had been a Geological Study done on the property. He believes that a higher density population would reduce his property value. He stated higher density and lower income creates higher crime. Leigh Anne Yeargan, 3349 Picadilly Lane stated all the meetings that they have had regarding the property, the owner of the property has not appeared before Council or Planning Commission. She spoke about the owner's property and how much he has listed his properties for. She requested Mayor Jordan to ask the applicant if a sale is contingent. Nicole Claesen, 2930 Loxley Avenue stated she doesn't believe rezoning should be used as a marketing tool. She stated in Fayetteville currently there are over 1,000 options available to rent or buy. She spoke about her neighborhood being a diverse and welcoming area. She spoke about affordable housing. She stated her concerns about flooding issues and tree canopy percentages. Adrienne Kvello, 3140 Tartan Way stated Mr. Weigel previously had a buyer for the property zoned RSF-4 and the sale failed due to the road issue and the city encouraging him to seek the rezoning. She stated this is not an issue of a developer wanting to do a certain thing and the neighborhood objecting, but the City of Fayetteville strong-arming the owner of the property into doing what the city wants. She spoke about drainage, environmental issues, traffic, and residential concerns. Council Member Petty stated people don't have a lot of faith in the regulations at the city and for good reason. He spoke about the problems and mistakes of projects that have been built over the last 50 years. He stated the legislative agenda implemented in the current administration and the administration that came before it, has shown diligent progress in addressing issues. He stated a city-wide Master Transportation Plan has just been completed and over the next two years there will be an aggressive push to make the minimum standards even safer. He stated Council is 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 7 of 22 required to consider rezoning's at a planning level, rather than a detailed level. He doesn't believe there is any new information that could be said about the rezoning. He stated the city is undersupplied in single family houses due to growth. He stated Neighborhood Conservation is better for the city and is compatible. Council Member Tennant stated he appreciated Council Member Petty's fact -based information. He stated the city is better now than it was seven years ago in how neighborhoods are built. He believes there are some legitimate fears by the neighborhood. He spoke about crosswalks, traffic calming, and sidewalk safety that needs to be done. He stated more dense zoning will add to the problem. He spoke about the excellent schools on the east side of town and people wanting to move in the area. He stated he is pro-business/pro-market place and believes the market will take care of what is there in due time. He stated there is a compatibility issue and the rezoning feels forced. He believes RSF-4 is a suitable zoning. Council Member Smith read citizen feedback from January 1978 City Council minutes, when the Huntington development was on the agenda. He stated the issues sounded very much like what they are hearing tonight. He stated he wants things to be put into perspective, that what people fear today, may someday become a neighborhood that people are proud of. Council Member Bunch stated she lives in an older neighborhood a little less dense than Rolling Hills and understands about drainage issues. She spoke about houses in Huntington with foundation issues that were built in the 1980's. She stated planning, codes, construction methods, and products used today have improved since the 80's. She spoke about availability of homes related to home prices in Fayetteville. She stated the land is in the middle of town, which makes it desirable for people to live there. She stated her concerns about the traffic already in the area and the maintenance of green space. She stated she would like to know more about what possibly might be going in the development. Council Member Marsh stated this is a land use decision and not about a particular development or proposal. She spoke about density, property values, and safety. She stated a diversity of residents makes for a strong neighborhood. She stated more density creates opportunities for commerce. She stated that different types of housing are needed for the aging. Council Member La Tour stated he has listened to what the neighborhood wants to do with the property, but not what the owner wants to do with it. He stated the owner is the one who has the investment at risk. He stated the owner gets to decide what to do with it, but people are trying to tell the owner what to do with their property. He spoke about the rezoning process and doing what is best for the city. He spoke about traffic issues, affordable housing, and property values. He stated people should be free to own property and within reason decide what happens with their property. Council Member Kinion stated he has always been a supporter of neighborhood preservation. He voiced his concerns about the geology of the area. He stated the city is not strong-arming and spoke about all the effort put into decisions being made. He stated a PZD would be ideal, but they are expensive and not popular as they once were. He stated that traffic patterns have not been resolved. He stated with the information he has received, he will not be voting for the rezoning. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 8 of 22 Council Member Gray thanked citizens for their input. She stated more east and west connection is needed and hopes the rezoning can help with that issue. She stated she is sad to hear that someone believes the City Council is strong-arming or conspiring. She stated that is the farthest thing any Council Member or city administration wants. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan stated when staff brought the new zoning in, he wasn't very supportive of it. He believed it was a little dense for the hillside. He stated when he looked at the map of the flooding issues, there was a spot that shows it's a flooding area. He stated he's not as concerned about the density as the erosion that the density would cause and the environmental issues it would bring. He spoke about hillsides that have washed off in Fayetteville and is a bit on edge about developing on a hillside. He stated there has to be development or the city will eventually stop growing. He stated there is not enough land to build only RSF-4. He stated this will not be the last infill project that citizens are going to see. He stated he would have preferred a PZD for the property. He stated from an environmental point of view, he would probably not support this development. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members La Tour, Smith, Gray, Marsh, and Petty voting yes. Council Members Bunch, Kinion, and Tennant voting no. Ordinance 6062 as Recorded in the office of the City Clerk ADM 18-6098: Rolling Hills Dr./Skillern Rd. Corridor Master Street Plan Amendment): A resolution to amend the Master Street Plan by downgrading the Rolling Hills Drive/Skillern Road corridor from principal arterial to collector status and by shifting the alignment of the corridor to connect along Oak Bailey Drive. At the April 17, 2018 City Council meeting this resolution was tabled to the May 1, 2018 meeting. Andrew Garner, City Planning Director gave a brief PowerPoint presentation of the resolution. He stated the Master Street Plan was unanimously recommended in favor by the Transportation Committee. He stated there has been some information that's been confusing to members of the public. He stated Rolling Hills will not be widened to four lanes. He stated the city does not have plans to build Rolling Hills further to the east and there are no current bond issues to extend Rolling Hills to the east. He stated the city will not be building Rolling Hills through the Butterfield Elementary campus. Staff and the Planning Commission recommend approval. Council Member Smith: The recommendation in addition to removing the portion of Rolling Hills west of Oak Bailey, is to be part of the connection. Is Oak Bailey already up to the cross section of a collector street? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 9 of 22 Andrew Garner: I don't believe so. It's a 28 -foot section. It does not fully meet the collector section at this point. Nicole Claesen, 2930 Loxley Avenue spoke about why she believes the extension should be removed from the Master Plan. Ryan Billingsley, 3113 Warwick stated collector is better than arterial. He fears a yes vote will make it very unlikely that it will ever come back to the idea of removing the extension from the Master Plan entirely. He stated his concerns about Rolling Hills being extended and creating cut through traffic. Jaqueline Lobb, 3043 Strawberry praised Mayor Jordan for being a good listener at a neighborhood meeting. She stated her concerns about a cut through. There was a brief discussion about the options available to create connectivity and what the neighborhood would prefer. Emily Brickman, 3138 Katherine stated Morning Mist Drive is zoned RSF-4 and she questions how is it going to look like Morning Mist Drive if zoned NC. She stated that the driveways will be smaller which will create people parking on the street. She spoke about infrastructure concerns. She spoke about getting safety items accomplished in her neighborhood, such as crosswalks and intersection lights at Oak Bailey, Old Wire, and Rolling Hills. Mayor Jordan: I have talked to staff. We are going to put a light in at Old Missouri Road and Rolling Hills. Chris, how long will it take for us to put that together? Chris Brown, City Engineer: I have met with Brad Anderson in our Transportation Division. He is working on getting a layout. We are working on a striping plan. Some of it depends on how long it takes to get some of the equipment in that we don't have. We are moving as fast as we can. It potentially could be in by the time school starts next year, but no guarantees. Mayor Jordan: We are going to put a safe crossing for the children. We aren't going to widen Rolling Hills. We will put some type of traffic calming on Rolling Hills. Emily Brickman: That's great. The existing infrastructure along Old Wire is extremely lacking. The intersection of Old Wire and Old Missouri is a horrible intersection. There are quite a few other things that could be higher on our priority list. Mayor Jordan: What are other things on your list? Emily Brickman: On College, getting onto 540 at the intersection at Whole Foods. Alleviating backup there would be helpful. Mayor Jordan: I didn't expect Whole Foods to go in there when the Flyover was put in. understand that is a problem and we are looking into it. That won't get done before school starts. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 10 of 22 Emily Brickman requested for City Council to hold off on the extension on Rolling Hills. Don Marr, Chief of Staff Morning Mist Drive would not be built out from the built environment because this is an RSF-4. You would see less lot width. From the back edge of the sidewalk to the property through the street sections of the other side it's still the collector width and design regardless of the built environment. It's not what the housing lining the street is, but the sidewalk, green space, and the width of the street is the typical collector cross section. Adrienne Kvello, Tartan Way stated the downgrade and jog are both preferable to what it is now. She stated if that doesn't happen, then the other option where small neighborhood roads are able to increase connectivity would be preferable. Council Member Tennant: Some of my logic on voting against the higher density neighborhood is an argument for taking it off entirely. What we have done here is adjusted the plan so that you don't have a straight on way to get from east to west. Breaking it up slows down the connectivity and the traffic. It also slows down the reason for even having it. I fight traffic every day on Township or Mission to take my son to Woodland. We need roads that are east and west. Plans change and they should change. I have to trust the staff because they spend a lot more time looking at plans for this city. Council Member Smith: Staff put together an option that sold itself a little too well. It was an attractive connection of local streets, but unfortunately, it's the only option we showed that does not have a guarantee of happening. Placement isn't set in stone and isn't completely specific. Planning not to plan, just doesn't seem like the best option. There was a brief description of street connectivity scenarios. Council Member Bunch: I am in favor of the downgrade, but leaving this on the Master Street Plan. I prefer looking at Morning Mist with the sidewalk and greenspace, instead of a local street that might not have good walkability. Council Member Petty moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed unanimously. Resolution 109-18 as recorded in the office of the City Clerk RZN 18-6122: (SE & SW of Rupple Rd. & Mt. Comfort Rd./Hazen): An ordinance to rezone that property described in rezoning petition RZN 18-6122 for approximately 56.02 acres located at southeast and southwest of Rupple Road and Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre, RSF-1, Residential Single Family, 1 unit per acre, and R -A, Residential Agricultural to CS, Community Services and R -A, Residential Agricultural. At the April 17, 2018 City Council meeting this ordinance was left on the second reading. Council Member La Tour moved to suspend the rules and go to the third and final reading. Council Member Gray seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 11 of 22 City Attorney Kit Williams read the ordinance. Andrew Garner, City Planning Director stated he did not have any new information for the City Council. Council Member Smith: We had a good neighborhood conversation about the differences between the C-1 and C-2 zoning development on Wedington. We spoke about how Community Services requested would be a different form while allowing for a lot of the same uses. There is still concerns around the possibility for all night businesses that will drive some after hour traffic and lighting issues. Neighbors understand it's time for some appropriate services out there. There was no outright opposition. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6063 as Recorded in the office of the City Clerk Remove Bill of Assurance E. 15th St & Curtis Ave.: An ordinance to discharge and remove the Bill of Assurance related to the property described in Exhibit A because such protective language is no longer needed. At the April 17, 2018 City Council meeting this ordinance was left on the first reading. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I drafted this ordinance because the property owner requested for us to do that. Rick Woods, Taylor Law Partners gave a brief description of the ordinance. He stated EZ Mart stores have sold to GPM Investments. He stated when the title search was performed as part of the transaction, the Bill of Assurance showed up. He stated the financial institution has refused to finance the transaction with the Bill of Assurance because it puts an unreasonable restriction and limits the reasonable value of the property. He requested for the Bill of Assurance to be lifted. He stated he does not know why there is a restriction on the use of the property. Council Member Marsh: Did you consider requesting a change of uses to any of our form base zones? They are more in compliance with our 2030 City Plan. Rick Woods: No. My client is trying to sell this facility. The buyer has said they are going to operate it as a convenience store, but the financing company is not going to finance it. They don't want to change the use of the property. The buyer wants to buy the property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 12 of 22 Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh: This is a vital opportunity to have this change from one of our C zoning districts to one of our form base zoning districts. It would allow for more density, better form, and start to create more of a neighborhood atmosphere in that part of town. I do not support the removal of the Bill of Assurance without a request to rezone it to a form base zone. Council Member Smith: I agree with Council Member Marsh. If we are going to look at changing it, we deserve an opportunity to look at the entire use of the property. City Attorney Kit Williams: This is a long triangle. Curtis Avenue is extremely long and a form base zone, where you are supposed to be covering the frontage, there is a tremendous amount of frontage in this parcel. Do we have ways to accomplish covering the frontage in a parcel like this? Andrew Garner: It depends on the way it is developed. If it's developed with a convenience store and gas station, their exempt from the percentage requirements. They still have to have the convenience store at the corner and pumps would have to be on the side. We had some conversations about this same topic with Kum & Go and Casey's when they were coming through a few years ago. Based on those conversations we changed some of our form base zones to be more conducive to allow for somebody to come in and develop sites like this. This would be a difficult site if you have to meet your frontage requirements because it is a long narrow parcel and it's not a traditional parcel. There could be some potential hardships to building out the whole frontage because it is a long frontage and some of the back part is difficult to even build on at all. Council Member Marsh: Can you confirm the Planning Commission and staff take into account hardship in determining the development of a parcel and reasonable accommodations could be made? Andrew Garner: Yes. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 4-4. Council Members Bunch, La Tour, Gray, and Tennant voting yes. Council Members Smith, Marsh, Kinion, and Petty voting no. This ordinance failed. Public Hearing: 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 13 of 22 College Avenue in the City of Fayetteville, Arkansas, and to approve a budget adjustment of $11,678.00. Mayor Jordan opened the Public Hearing. David Carver, Code Compliance Administrator stated the address consists of a single story 2,300 square foot single family dwelling and a detached garage. He stated the property has shown signs of vagrant activity including 10 occasions within the past eight years that required the vacant structure to be secured from force entry. He stated the interior of the structure is highly concerning from a safety standpoint and vagrant activity could lead to an interior fire. He stated with difficult egress from the strdcture, a fire could lead to loss of life. He spoke about the deterioration of the structure would constitute a cost prohibitive repair. He stated the property owner has been unresponsive as to any intentions for abatement and to date no building permits have been issued or applied for. He presented photos showing the deterioration of the structure. He stated it is a large safety concern to the public. Mayor Jordan requested to know if the owner or a representative was present at the meeting and it was determined they were not. Council Member La Tour: Have we contacted the owner? What response did we get? David Carver: We have. They have signed for all of our notices and are aware of the situation. They have taken action to secure the structure. They have not given any response as to any intentions of razing and removing the structure. I had a brief conversation with one of the representatives from the LLC of the ownership. They are trying to sell the property and they have interested parties. It seemed that by us taking care of this structure was appealing to him and would make it more marketable. The liabilities on us and our contractors as far as the demolition and leaving the lot in good shape. He did not seem to object to the raze and removal. Council Member La Tour: Does he know we are going to file a lien against his property for the cost of the raze and removal? David Carver: Yes. I was very clear on that whole situation. We talked in length about the dollar amount. City Attorney Kit Williams: How long have you tried to work with this owner or any representatives? David Carver: The case history goes back 10 years and the structure has been vacant for at least that amount of time. They were getting our notices for the securing. We have not moved to raze and remove this structure until now. He was almost welcoming to the idea. City Attorney Kit Williams: They have secured the front, but not the back. People could still get in. David Carver: There is a wooded area behind and the boards pop off. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 14 of 22 City Attorney Kit Williams: It was the opinion of your division and the Building Safety Inspector that this is an unsafe structure? David Carver: It was my determination. Don Marr, Chief of Staff stated David is a certified inspector of building raze and removal, just as the Building Safety official is. He stated it was to reduce the burden so they could stay focused on new building construction, while our code was doing all the work on the front end. He spoke about the location of the property. He stated the property is in a commercial corridor and it will probably be more valuable with this structure removed. He stated the city is very clear in all communication of a lien of the cost of removal to reimburse taxpayers for the cost of doing this. Council Member Petty: Is that bearing masonry or veneer masonry? David Carver: I believe it is bearing. We don't have legal access to enter the structure unless requested. It's peeking through windows for most of it. Council Member Petty: There's a Chamber of Commerce committee focused on North College Avenue that was talking about purchasing this property about two years ago. Were they a part of any conversation with you? David Carver: No. Council Member Smith spoke about the city footing the bill to remove the structure and make it more appealing to whomever they have lined up to buy it. He requested to know what the current zoning is? Andrew Garner stated he would look up the current zoning. Council Member Bunch: If you are from Fayetteville, this is a house you have seen your whole life. I hate to tear it down. It has interesting rock work. In this picture, I'm not sure if that's a sidewalk or trail that has been made to the front of the house. It looks like a trail and why would there be a trail going to a vacant house, unless people were getting in it all the time. It's a dangerous situation. It's a shame it was allowed to deteriorate that way. David Carver: The trailer park in the rear of the property was removed several years ago. There were extensive issues with those structures. There was also a smaller structure the property owner demolished due to similar issues in the last five years. It has been a domino effect with the vagrant activity. Council Member Bunch: How many acres are in this? Is it one piece of property or divided? David Carver: I will have to look that up and get back to you. City Attorney Kit Williams: Right now, we are only talking about raze and removal. We don't need to be looking at rezoning and those sorts of things. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 15 of 22 Andrew Garner: The front of the parcel is C-2 and it extends pretty far back into the hillside. It changes to RSF-4 zoning in the back. City Attorney Kit Williams: We are deciding if this is an unsafe and dilapidated structure that should be razed and removed. That is the issue before the City Council. Don Marr, Chief of Staff. This property is sitting on 3.2 acres. Council Member Marsh: The building is in terrible condition, but it's a spectacular structure in the sense it has great masonry detailing. Has there been any opportunity or any expiration of historic preservation tax credits? We have lost so much of our historic context along North College Avenue. I hate to see us give up on this building in its current state. We need to make sure it is safe. I wish our Historic District Board could work with the owner to see if there is some opportunity for preservation of this structure. I would like for us to hold it for two weeks. Don Marr: It has been sitting here for 10 years in this shape, so two weeks isn't going to make a difference. This is personal property owned. It's the owner's discretion of what to do and how to pursue those items. Many times, these properties we deal with are out of town owners. This is a Fayetteville LLC and that is why we reached out to the ownership directly because it's a local owner. We reached out by phone to let the owner know the hearing was tonight. Council Member Gray: Our staff has spent so much time on this. It's a local owner and that is very significant. I see no reason for making our staff work on it for two more weeks. We have spent enough time on it. Mayor Jordan closed the Public Hearing. Council Member Kinion moved to table the resolution to the May 15, 2018 City Council meeting. Council Member Smith seconded the motion. Upon roll call the motion to table passed 7-1. Council Members La Tour, Smith, Gray, Marsh, Kinion, Petty, and Tennant voting yes. Council Member Bunch voting no. This resolution was tabled to the May 15, 2018 City Council meeting. New Business: VAC 18-6088 (525 S. School Ave./Mill District): An ordinance to approve VAC 18-6088 for properties located at 525 South School Avenue and 423 Prairie Street to vacate an access easement between the two properties. City Attorney Kit Williams read the ordinance. Andrew Garner, City Planning Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 16 of 22 Council Member Petty: I recuse as the abutting property owner. Council Member Gray moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Kinion, and Tennant voting yes. Council Member Petty recused. City Attorney Kit Williams read the ordinance. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Kinion, and Tennant voting yes. Council Member Petty recused. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Kinion, and Tennant voting yes. Council Member Petty recused. Ordinance 6064 as Recorded in the office of the City Clerk RZN 18-6125 (4550 N. Crossover Rd./Kesner): An ordinance to rezone that property described in rezoning petition RZN 18-6125 for approximately 6.64 acres located at 4550 North Crossover Road from R -A, Residential Agricultural to P-1, Institutional. City Attorney Kit Williams read the ordinance. Andrew Garner, City Planning Director gave a brief description of the ordinance. He stated the Planning Commission denied the request with a vote of 4 to 5. Staff recommend approval. Blake Jorgensen, Jorgensen & Associates stated he was available to answer questions. Council Member Marsh: What form based zone would be a good fit for this Institutional use? Andrew Garner: Institutional uses are allowed in several of them. It could be in Community Services, Urban Thoroughfare, and several of the downtown zones allow Institutional uses. Council Member Smith: Were there specific challenges with the zones he just mentioned that caused you to seek Institutional instead of form based zones? Blake Jorgensen: The surrounding property owners to the northeast have been historically opposed to zonings that would promote commercial developments. We thought the least resistance is to request the zoning that allowed a church by right. There are obstacles with requesting a conditional use permit. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 17 of 22 Council Member Marsh: I share the Planning Commissions desire to see this in a form based zone. Was it considered to do one of the form based zones, but then offering a Bill of Assurance that could reassure the neighborhood this would not be a commercial use? The proposed use is good, but it is the form I'm objecting. City Attorney Kit Williams: We are not supposed to request a Bill of Assurance. That has to voluntarily be offered by them. Council Member Marsh: There are tools available that could meet all objectives of the different parties. John David Lindsey, Lindsey & Associates stated he represented the church on the contract to purchase the property. He stated they met with the adjoining owner, Scott Berna at Nelson Berna Funeral Home and had discussions about a shared parking arrangement. He spoke about the amount of traffic when trying to attend a funeral and the rezoning would help solve the problem of parking. He requested for City Council to support the rezoning. Casey Henagan, Keypoint Church Lead Pastor gave a brief historical account of the way his churches originated in other cities. He stated he is currently looking to develop a church in Fayetteville. He requested City Council to vote in favor of the rezoning so Keypoint can continue to help people in the community. Council Member Tennant: I am glad you might possibly come to this location. One of the things that is a great value of a church is the efforts in the community. Could you summarize some of your bigger objectives when it comes to community service? Casey Henagan: One of our passions is to be a church that the community knows. Last year we adopted Grace Hill Elementary in Rogers, which has very low-income children. We supplied 1,000 backpacks filled with supplies for the children. Our congregation donated thousands of dollars to send teachers to a conference so we could have a better educational system for the children. We have helped Springdale schools and did Christmas outreaches. No strings attached. Council Member Tennant and Mayor Jordan thanked Pastor Henagan. City Attorney Kit Williams: Normally in a rezoning the project is not relevant in a zoning decision, but there is an exception to that. One of the exceptions is, if the type of proposed project would be granted special status by the courts. One of those is a church or religious facility. They are protected by the First Amendment of the Constitution. This is something we must look at very carefully. There is but a single zoning that has as its purpose, the Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations. The form base zones allow for a church by right, but nowhere in the purpose section does it talk about that. It talks about commercial, multi family, and mixed use. This group is requesting this for their church. This is on a major high-speed highway where the current facilities are P-1. The funeral home and Elks Club use their parking lot as a buffer against the highway. The church has requested the fundamental zoning the City Council enacted for churches. Please give that careful consideration. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 18 of 22 Council Member Marsh: While the purpose of the Institutional District may be to accommodate religious institutions, the purpose of zoning is to regulate land use and building form. I have no objection to the proposed land use. I object to the building form. I don't want to see us develop Crossover Road to look like College Avenue. We need to set a higher standard for development in this corridor. I will be voting against overturning the Planning Commissions' ruling. Council Member La Tour: I encourage us to support this change in zoning. This is a high-speed highway and very well used. To put the building right up against the street would cause unnecessary noise and risk to participants. Council Member Gray: I agree completely. We do want to look at form base, but our job is to look at how each individual request would be best served by our zoning. We don't have to have everything be form base zoning. If we did that, we could just send out memos and never meet to talk. We should give this developer, owner, and pastor what they have requested and what best suits their needs. Council Member Tennant: I have not gotten any pushback from anybody against this. There is not a lot of frontage compared to the depth of it. It is a perfect way for Scott Berna and the church to be in a partnership. This side of town will be a better place for a community minded group of individuals who welcome all people. I am in favor of this. Council Member Smith spoke about the distance of walking in parking lots. He stated given the surrounding area use he will support the rezoning. He stated there are a lot of challenges for churches seeking to develop in some of the other zones. He stated Council should listen to their experiences and look at ways to make it easier for churches to use the form base zones that Council wants to see more of. Council Member Bunch stated she has not gotten any comments from citizens about the rezoning. She stated that it is a good use of the site and is in favor of the rezoning. Council Member Tennant moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Tennant moved to suspend the rules and go to the third and final reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Petty stated he supports the rezoning because of the purpose statement in P-1 and the legal liability that might be associated. He believes the purpose statement should be rewritten to eliminate the liability. He stated it is simple to permit a church in the form base codes, not in RSF-4, but in our form base zones it's by right. He stated there isn't anything wrong with a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 19 of 22 church being close to the street and believes that's how the trajectory of the highway could be changed. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Members Bunch, La Tour, Smith, Gray, Kinion, Petty, and Tennant voting yes. Council Member Marsh voting no. Ordinance 6065 as Recorded in the office of the City Clerk Amend §111.30 Retail: An ordinance to amend §111.30 Retail in Chapter 111: Alcoholic Beverages of the City Code to allow private clubs and on premises consumption hotel, motel, and restaurant alcohol permit holders to sell, serve or permit the consumption of controlled beverages beginning at 7:00 a.m. Monday through Saturday. City Attorney Kit Williams read the ordinance. Council Member Tennant gave a brief description of the ordinance. He stated the Police Department has no issues with the amendment. Don Marr, Chief of Staff confirmed that Chief of Police Greg Tabor is in support of the change. He stated he was not in support of extending the 2:00 a.m. side of it, but is okay with the morning amendment. Council Member Marsh: Why are we treating Sunday differently than the rest of the week? Is this related to state law? Why are we exempting Christmas Day? City Attorney Kit Williams: Sunday for liquor by the drink, restaurants are a different issue. First, we had to have a vote to pass liquor by the drink and that passed. Later, they added Sunday on it, but had these hours. In a private club, it's not there. Council Member Marsh: Is it the same with Christmas Day? City Attorney Kit Williams: It's what the ordinance says. I don't know if state law says that. We didn't change any of that. We just changed the beginning time. There was a brief description about Christmas Day exemption. City Council Member Tennant: Christmas Day falls to whatever the state law is? City Attorney Kit Williams: Yes. We can go less than state law, not more. This was passed by the voters. It would probably require a 2/3 vote from the Council to change what was on the ballot. The Mayor cannot vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 20 of 22 Wes Travis, Fuzzy's Taco Shop Owner stated a lot of nurses from Washington Regional and other businesses come to his shop at 7:00 a.m. after work. He stated that is dinner time for them because of the shift they work. He spoke in favor of the ordinance. It was determined that Arkansas has a restriction on Christmas Day. City Attorney Kit Williams: It would be helpful if our law accurately reflects the state law. Council Member Marsh moved to amend to strike Christmas Day from the ordinance. Council Member Petty seconded the motion. After it was determined Arkansas has a restriction on Christmas Day, Council Member Marsh withdrew her motion. Council Member La Tour: Sunday, Christmas, and Easter have been recognized by Christians for thousands of years. This is why it is special in our state law and throughout the country. As time goes on people forget why it was there and try to get rid of it. Jesus died on the cross for our mistakes and it deserves respect. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith: Are we changing anything about the Sunday hours? City Attorney Kit Williams: We are not. Mayor Jordan: That has to be a vote of the people if they decide to start doing that on Sunday. City Attorney Kit Williams: It is still 10:00 a.m. to midnight on Sunday. A discussion followed about Sunday liquor sales. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6066 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 1, 2018 Page 21 of 22 Amend §164.22 and §166.01: An ordinance to amend §164.22 Cluster Housing Development (C) Development Review Process and § 166.01 Development Categories (B) Subdivision of Land (1) Lot Split to allow individual cluster housing unit lots to be processed through the subdivision platting process as a lot split. City Attorney Kit Williams read the ordinance. Council Member Petty gave a brief description of the ordinance. Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6067 as Recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff: In 2014, the Fayetteville Fire Department jumped from a Class 4 rating to a Class 2 rating for our ISO score for the city. The ISO rating is used to determine property insurance rates. After many improvements, we are thrilled to announce the City of Fayetteville has received a Class 1 rating. This classification has the potential to reduce insurance premiums for all our residents, commercial, and industrial properties. The city is asking for survey participants in the first phase of the Park Strategic Planning Process. We have had numerous public meetings. The survey is on the city website. The last Bulky Waste Spring Cleanup is May 5, 2018. The information is on the city website. We have a public art installation taking place this week on School Avenue. There will be closures as the installation takes place. City Council Agenda Session Presentations: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 1, 2018 Page 22 of 22 City Council Tour: None Ad'ournm nt: 9:54 p.m. ne Jord yor Sondra E. Smith, City Clerk Treasurer l 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov