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HomeMy WebLinkAbout2018-06-05 - 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 June 5, 2018 City Council Meeting Minutes June 5, 2018 Page 1 of 21 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 June 5, 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 Tennant, Sarah Bunch, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Council Member Bunch arrived at 6:09 p.m. 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. Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 2 of 21 Consent: Approval of the May 15, 2018 City Council Meeting Minutes. Approved RFQ 18-01 Burns & McDonnell Engineering Company, Inc.: A resolution to authorize a professional engineering services agreement with Burns & McDonnell Engineering Company, Inc., pursuant to RFQ 18-01, for engineering design services for the water and sewer relocations required by the Arkansas Department of Transportation Interstate 49/Wedington Drive Interchange Project in the amount of $203,269.00, and to approve a project contingency in the amount of $40,653.80. Resolution 118-18 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc. in an amount up to $128,930.00 for engineering services associated with the replacement of existing water mains along North College Avenue between North Street and East Millsap Road, and to approve a project contingency in the amount of $25,786.00. Resolution 119-18 as recorded in the office of the City Clerk University of Arkansas Osher Lifelong Learning Institute: A resolution to approve a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct classes during the Fall 2018 semester in the amount of $25.00 for each day the space is used. Resolution 120-18 as recorded in the office of the City Clerk Garver, LLC: A resolution to authorize additional funding in the amount of $10,000.00 for the provision of on-call engineering and surveying services for the airport by Garver, LLC. Resolution 121-18 as recorded in the office of the City Clerk Bid #18-31 Tri-Star Contractors, LLC: A resolution to award Bid #18-31 and authorize a five year airport hay field lease agreement with Tri Star Contractors, LLC in the total rental amount of $27,454.00. Resolution 122-18 as recorded in the office of the City Clerk Henard Utility Products, Inc.: A resolution to approve the purchase of a PipeHunter 7934 Wash Trailer from Henard Utility Products, Inc. of Searcy, Arkansas in the amount of $73,895.00 plus applicable taxes, pursuant to a Houston Galveston Area Council cooperative purchasing contract, for use by the Water and Sewer Operations Division. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 3 of 21 Resolution 123-18 as recorded in the office of the City Clerk IPS Group, Inc.: A resolution to approve a three year contract with IPS Group, Inc. for mobile parking enforcement devices and parking enforcement management, permitting and payment software in the amount of $80,140.00 for the first year and $62,500.00 for the second and third years, pursuant to a national cooperative purchasing alliance cooperative purchasing agreement; to approve a project contingency in the amount of $9,220.00 for each year the contract is in effect; and to approve a budget adjustment. Resolution 124-18 as recorded in the office of the City Clerk Centennial Open Space: A resolution to acknowledge the City Council's contractual obligation and intent to maintain the 228 -acre Centennial Open Space as public recreation land in perpetuity. Resolution 125-18 as recorded in the office of the City Clerk Richardson Community Center Donation Revenue: A resolution to approve a budget adjustment in the amount of $23,106.00 representing a donation from Friends of YRCC to support the summer Fun4Kids program and fall programs at the Yvonne Richardson Community Center. Resolution 126-18 as recorded in the office of the City Clerk Library Expansion Project Change Order No. 1— Demolition Old City Hospital: A resolution to approve Change Order No. 1 to the construction manager at risk contract with Crossland Construction Company, Inc. in the amount of $488,246.00 for the demolition of the old City Hospital. Resolution 127-18 as recorded in the office of the City Clerk Facilities Management Division Position Conversion: A resolution to authorize the conversion of a half time construction and contract manager position to a full-time custodian position in the Facilities Management Division. Resolution 128-18 as recorded in the office of the City Clerk McGoodwin, Williams and Yates, a Division of Olsson Associates, Inc.: A resolution to approve Amendment No. 4 to the agreement with McGoodwin, Williams and Yates, a division of Olsson Associates, Inc. in the amount of $8,910.00 to provide an analysis, recommendation, and cost estimate to achieve LEED Gold Certification for the recently completed Recycling and Trash Collection Division Office Building. Resolution 12948 as recorded in the office of the City Clerk Arkansas Historic Preservation Program: A resolution to approve a grant agreement with the Arkansas Historic Preservation Program for a Certified Local Government Grant in the amount of $5,791.00, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 4 of 21 Resolution 130-18 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gray, Marsh, Kinion, Petty, Tennant, and La Tour voting yes. Council Member Bunch was absent during the vote. Unfinished 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.,4t the May 15, 2018 City Council meeting this ordinance was left on first reading. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gray, Marsh, Kinion, Petty, Tennant, and La Tour voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. City Attorney Kit Williams: The reason this became part of our water supply system is that residents who are being served by wells were suffering with sulphur water. The leadership of their water district did not want to give up their positions, but the customers banded together and required the district to join either Fayetteville or Springdale. When we agreed to accept this as our water district, we agreed we would supply household water throughout this entire area, not necessarily firefighter water. They would have to build the mains. In this case, enlarge a main so we would be better able to serve the people in this area. We have to serve residents of our water district, if they request it and have access to our mains. We are required to supply the water to them when we accepted them in our water district. Council Member Petty: How many houses does a four -inch main serve? How many more does an eight -inch main serve? Tim Nyander: The four would be extended to one house, but a four -inch main could serve a whole subdivision without fire flow. In the older parts of town, we have one -inch mains feeding subdivisions. An eight -inch would give you what need for the required fire flow for any subdivision. You've got to have at least a six or eight -inch line to have fire hydrants on a system. Council Member Kinion: This is the area of most capital need as we move forward in our 20 - year plan for providing water to the east side of our water district. If we can get a savings of $20,000 now that's going to meet our plan for the future, I feel it's a good investment to explore. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 5 of 21 At this time, there is not a critical need, but if our 20 -year plan is accurate we know there is going to be a critical need within 20 years on the east side of the water district. The Water, Sewer & Solid Waste Committee did not make a recommendation to City Council. We don't want to encourage sprawl, but we have a responsibility of looking at the long-term management of the funds we have in improving the water district. I support it. If you have a savings of $20,000 now and waited until it became critical, it could be more in the future. Council Member Marsh: What are they currently doing for fire protection in the area? Tim Nyander: There are no fire hydrants. It would be rural fire protection. Council Member Tennant: It's the Goshen volunteers. Council Member Marsh: This was one of the areas in our Water Master Plan, I thought we could cut back investing in. It's so far outside of our urban growth boundary and not very populated. It's an area that we should make it a part of the enduring green network. It is appropriate to cost share on the four -inch line, but I object to installing the eight -inch line. Fire protection is a valid point, but if they are being served by the Goshen Fire Department, I don't think we need to be building a whole new subdivision out there. Council Member Tennant: I would support this. Sprawl can be looked at as a dirty word sometimes. I look at it more as options. I understand keeping things green, but this is an area of town where it's almost impossible to find lots to build homes. Some of these homes are very large, but there's also two subdivisions going in that have average size homes. It's unavoidable that this area is going to continue to increase in popularity. More people are moving out that way and the fact we can save money is our duty. If we deny this, a Council in 10 or 20 years will be struggling to pay for an investment we can make now. Council Member La Tour: We owe it to the people out there to provide them with the best service we can. A volunteer fire department is one level of protection, but having fire hydrants in neighborhoods greatly assist people with their homeowners' rates and public safety. Sprawl is marketplace choice. I am in favor of this. Council Member Smith: The map shows we are adding an eight -inch line to the end of an existing four -inch line? Tim Nyander: That is correct. Council Member Smith: What is that smaller diameter leading out to it do to the ability to provide fire protection there? Tim Nyander: This one 370 foot eight -inch pipe is not going to provide fire protection. It is the start of saving money now. The rest will come later as the needs come. Council Member Smith: Are there other segments that would have to be replaced besides this little one or are we looking at a huge project to upgrade that service? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 6 of 21 Tim Nyander: For the most part, there wouldn't be a replacement involved, but just the installation of water lines in that area. Zara Niederman, 849 South Washington spoke about the discrepancy in the planning side as opposed to the water plan. He questioned where the funds would come from. Sonia Gutierrez, 127 East Conner: Is there any city revenue generated from the water that will be provided? Tim Nyander: The revenue would be from the sale of the water. That would be the only revenue from this water line. Sonia Gutierrez: Does it pay for itself? Tim Nyander: It would take a long time to get a return on an investment of $6,000 for one house. City Attorney Kit Williams: Every house that gets connected out there will pay a water impact fee. Even though they are outside the city, they are paying impact fees if they are connected to our system. Are water rates the same or different for people that connect outside the city? Tim Nyander: They are slightly higher for those who connect outside the city limits. Lorraine O'Neal, 2070 East Spinel Link spoke about sprawl. She spoke in favor of 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 Smith, Gray, Marsh, Kinion, Petty, Tennant, and La Tour voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Petty spoke about math assumptions when dealing with fire hydrants. He stated it cost about $8,500 to put in one fire hydrant. He doesn't believe it's realistic that fire hydrants will get installed unless the city does the installation and pays for the mains. He stated if the city was paying for the mains he might be for the ordinance. He stated the city is not obligated to install the mains, but obligated to provide water service to the mains that are installed. He spoke about the four -inch line servicing the whole subdivision and doesn't see why the city would pay for an eight -inch line. He stated he doesn't know why the city would cost share on a four -inch line and benefit a single property owner. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Gray, Kinion, Tennant, and La Tour voting yes. Mayor Jordan voting yes. Council Members Smith, Marsh, and Petty voting no. Council Member Bunch was absent. Ordinance 6068 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 June 5, 2018 Page 7 of 21 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. At the May 15, 2018 City Council meeting this ordinance was left on first reading. Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gray, Marsh, Kinion, Petty, Tennant, and La Tour voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he did not have any additional information and was available for questions. Melvin Milholland, Milholland Engineering & Surveying stated the city concurred with his report and the Planning Commission voted unanimously in favor to forward to City Council. David Franks, Citizen stated he questions the motives of the property owners. City Attorney Kit Williams: Under zoning considerations, the like or dislike of an applicant is not relevant to a zoning issue. A rezoning should be decided upon the uses proposed by this and whether those issues are compatible with the neighborhood. Mayor Jordan stated compatibility issues have to do with traffic safety and flooding concerns. David Franks: Does usage of the property include putting businesses on it that might or might not discriminate against certain people? Mayor Jordan: We can't get into that. City Attorney Kit Williams: You must look at the permitted uses that would be on there and not what the proposal might be. David Franks: Given the history behind these owners, Fayetteville should keep an eye on them. Council Member La Tour: This is a routine rezoning request. The Planning Commission has already granted another rezoning of land up the mountain that has a slope. This is near the road and the land is not sloping very much. We should grant this if it meets the rules and not whether we like the applicants. Council Member Gray: My concern is about all the trees on the mountain being cut. Also, that our canopy requirements would be met with an eight -foot border around this acreage. This is one of our last beautiful mountains. We would be causing more drainage problems in this part of our city. I need to hear some more discussion and I'm not in favor of handling this beautiful property in this manner. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 8 of 21 Council Member Marsh stated she is hearing concerns from the community. She stated that constituents are interested in what type of landscape and buffers would be between the proposed development and existing homes on the mountain. She requested for Garner Stoll to talk about tree preservation, dealing with storm water, and buffers. Garner Stoll, Development Services Director: This is by right zoning request from the R -A to UT. It does not waive any storm drainage requirements. It does not waive any tree preservation requirements. They are all in effect and they will all be required as we go forward. Council Member Marsh: Elaborate a little bit on tree percentage canopy we require. Garner Stoll: UT district requires 15%. There is no agreement or easement, but there have been preliminary discussions about possibly meeting that requirement through a dedication easement. That is one way they can meet the requirement, but is not the only way. It's not the end of the discussion regarding what happens to the rest of the site. It has to go through platting, site planning, and all our regulations regarding storm drainage and tree preservation. Council Member Smith stated his concerns about tree canopy and easements. Council Member Kinion spoke about tree canopy preservation requirements. He stated the buffer is nice and offers some protection. He stated his concern is about the utilization in the future if it was split off and sold. He stated there would only be 15% left protected under the tree preservation plan. Council Member Petty: How deep is the lot? Garner Stoll: About 800 feet or a little more. Council Member Petty: I feel this is too much, too fast. It shows that seven stories could be allowed. I don't have any expectation it would get constructed at seven stories across the whole thing. I prefer to see a scheme that's more laminated where it is a step down in intensity. It would require more of the canopy to be preserved. Council Member Marsh stated they have a responsibility to be conservative with the tree canopy and the development process. She believes UT is appropriate along the street frontage, but would like to see a step backed scheme. She is uncomfortable approving anything based on an alleged promise of the R -A buffer. She wants a firmer plan. Council Member La Tour stated the tree canopy rules will still apply to the entire property. He stated if Council doesn't like the way the applicant is proposing to meet his obligations under the tree canopy rule, then Council should change the rules. He stated it is not fair. He encouraged City Council to grant the request. Council Member Smith stated they are not looking at a specific development. He stated they are looking at choosing which rules to apply to this land because there are different rules for different zones. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 9 of 21 Council Member Petty stated he rejects the idea that this is about anything other than the development requirements. He spoke about reducing the requirements and create the new allowances UT would offer for the section that is close to Martin Luther King. He stated his plan would include a lesser zone on the remainder of the property with the R -A held back. He stated he would like to hold the item on the second reading. Garner Stoll: Our City Plan is a guide and not a straightjacket for decision making. The Planning Commission was following the guide when they made the recommendation. It doesn't mean that Council in your legislative authority can't choose to refine that. Council Member Petty stated he is ready to support a mix of uses and diverse housing options. He stated he is not ready to support an allowance for a seven -story development across the whole thing. Mayor Jordan: I had the same concerns on the tree canopy. I want to be fair in this process. I don't believe anyone on this Council is taking any personal stands against anybody. Melvin Milholland: To clarify there is no eight -foot buffer agreed upon. There is eight acres and at the Planning Commission meeting they asked us if we would consider a buffer in the rear on the hillside and leave trees between the people on top and the commercial down below. The area in the purple on the map exceeds what is required by the city for the zoning requested and the zoning that exist. It allows for clear cut, but it is practically impossible to cut everything down up front. There would probably be some nice trees left. We did what we were asked to do. We met your City Plan for future zoning and city staff confirmed that. If you were wanting modifications, I wish we had it long before this meeting because it has been on the docket for quite a while. Mayor Jordan: You don't want to work on anything else? Melvin Milholland: I'm not saying I wouldn't work, but I thought we already got to that point. We've met your requirements. City Attorney Kit Williams: If you lose this rezoning, then you can't come back with the same rezoning for a year. With some of the comments I heard from the Council Members tonight, it would be good to take a little time and get with Planning to see if some of those issues can be addressed. Mayor Jordan: Mr. Milholland, you could work a couple of weeks and try to bring something else forward. Melvin Milholland stated he was available to meet with the Planning Department. A discussion followed about meeting with the Planning Department. This item was left on the Second Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 10 of 21 New Business: The Roost Motor Club Private Club Application: An ordinance to approve the application of Tanner Bassett, on behalf of The Roost Motor Club for a permit to operate as a private club in the City of Fayetteville at 3582 North Arkansas Highway 112. City Attorney Kit Williams read the ordinance. Greg Tabor, Chief of Police gave a brief description of the ordinance. Council Member Smith: I think this is the first one of these we have done outside of the Entertainment District since the rules changed. Greg Tabor: I believe that is correct. We did one that might have been on the boundary of the Entertainment District, but this one is outside of downtown. Council Member Smith: Are these the same additional conditions we've asked from everybody else? Greg Tabor: They are. Council Member Petty: Can you give more description about the private security officer training? Greg Tabor: The state offers different levels of security officer training. Our first idea was to make them a licensed security guard. It provides eight hours of training. It talks about use of force and when a private security officer can make an arrest. There is specific training whether that security guard is going to be at a bar or motel. We quickly learned you can't have that license unless you are working for a private security company. The idea now is for the holder of the ABC permit to attend the eight hours of training and not make the security officer licensed through the state. The permit holder can train their bouncers and some of his people on how to better deal with disturbances. Council Member Petty: Are there frequent trainings available? Greg Tabor: There are several people throughout the state authorized to do the training. They set the training up. Council Member Petty: I'm fine with the requirement, but we might administer it a little bit leniently with regards to how quickly they can get it. The last private club permit we did was a private club that I am one of the landlords for. That was the first club we imposed this requirement on. They have had a bear of a time in getting the training. There is only one person licensed to provide the training in this part of the state. The last two times they've had it scheduled, it has been canceled and we are three months in. My intent is to provide an opportunity for all private club holders to batch their trainings together so it makes it more worthwhile for somebody certified to provide a workshop. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 11 of 21 City Attorney Kit Williams: You could move to amend Subsection 4 of the requirements where it says as a private security officer, you could say, within six months of the issuance of the alcohol permit. Council Member Petty: Chief, what do you think? Greg Tabor: The situation is a learning curve for all of us and it has been a hurdle to get over. I don't have a problem extending the time a little bit. I would like to see it before they open, but if they are trying and the training keeps getting canceled, I don't have a problem extending. A discussion followed about the wording of the amendment. Council Member Bunch: What is the mechanism to hold them accountable? Greg Tabor: We attached it to the ABC permit. Anytime someone changes the ABC permit, then we get notifications through the ABC. Council Member Smith: I would hate to see somebody wait around six months and try to schedule it and then run into the same problem. I would like to see something that shows they have tried to get it scheduled. The six months would be more of a grace period rather than a waiting period. Greg Tabor: I don't want to be in the business of shutting someone down once they get their bar open. City Attorney Kit Williams: They have to get a city permit every year showing they've paid the taxes. If they haven't paid the taxes, we shut them down. This is just another requirement they've got to follow on what we have said. I don't think Chief Tabor should have to hold their hands. They are running an establishment with lots of rules to follow, not just our rules. A discussion followed about following all requirements. Council Member Bunch: When they take this training, does it have to be specific to this area or can they take it somewhere else in the state? Greg Tabor: They can take it anywhere in the state by an authorized person. I'm not sure if they are regularly scheduled or as needed basis. Council Member Petty moved to amend that a training certificate should be received within six months after obtaining a city permit. Council Member Gray seconded the motion. Upon roll call the motion passed unanimously. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 12 of 21 Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Kinion 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 6069 as Recorded in the office of the City Clerk Stormwater Utility Study Contract: A resolution to authorize a professional services agreement with CH2M Hill Engineers, Inc., pursuant to RFQ 18-02, in an amount not to exceed $229,222.00 for a stormwater utility feasibility study, and to approve a budget adjustment. Chris Brown, City Engineer gave a brief description of the resolution. He stated regardless of what the result is, the information gathered and cost of service will be useful information moving forward. Mayor Jordan: We have been discussing this for a long time. It has been to the Water & Sewer Committee a few times. Council Member Kinion: It has been at the forefront of discussion on how to move forward with this at the Water & Sewer Committee. I was on the Selection Committee and we had excellent proposals. With our four-year relationship with Jacobs, they had an insight on the community engagement we have here in Fayetteville. The community engagement is going to be a big part of this, as well as looking at the extent of services we can offer. They also had an insight on the statutes we will have to meet in our legislation. Council Member La Tour: I'm excited to see this come to fruition. I have constituents in my ward that keep a pallet of sandbags in their driveway. During our prior discussions, we all agreed we would make people who are getting water in their house a priority over people getting water in their yard or on the street. Council Member Marsh stated she is excited. She complimented Jacobs for their proposal and professionalism. She stated the impacts of water can be extraordinarily significant. She stated it will help keep a better budget as a city and be responsible with resource use. She stated people with water in their homes are the areas of the highest priority, but also neighborhoods who are inundated to the point that emergency vehicles can't access them. Council Member Gray stated she is delighted about the resolution. She spoke about storm drainage problems in Ward 1. She stated her appreciation to Jacobs and city staff. Will Dockery, 4149 West Bradstreet spoke in favor of the resolution. Lorraine O'Neal, 2070 East Spinel Lane stated wasting money on a study seems a bit foolish. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 13 of 21 Mayor Jordan stated it has taken about 17 years to get to the point from when it was first spoken about. He stated it's an amazing moment to be considering something that's going to help determine the future of the city. He spoke about the flooding all over town. He spoke about creating an ad hoc committee between the Water & Sewer Committee and Transportation Committee. He stated his appreciation for all involved. Council Member Tennant moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 131-18 as recorded in the office of the City Clerk Bid #18-27 Hwy 112 (Maple Street): A resolution to award Bid #18-27 and authorize a contract with Nabholz Construction, Inc. in the amount of $2,793,590.50 for the construction of a portion of Highway 112 (Maple Street) between Razorback Road and Garland Avenue, to approve a project contingency in the amount of $280,000.00, and to approve a budget adjustment. Chris Brown, City Engineer gave a brief description of the resolution. Mayor Jordan thanked Chris Brown and the Transportation Committee. Council Member La Tour moved to approve the resolution. Council Member Gray seconded the motion. Upon roll call the resolution passed unanimously. Resolution 132-18 as recorded in the office of the City Clerk RFP #18-04 RDG IA, Inc. d/b/a RDG Planning & Design: A resolution to award RFP #18-04 and authorize a contract with RDG IA, Inc. d/b/a RDG Planning & Design in the amount of $153,066.00 for the development of the Highway 71B Corridor Plan, to approve a project contingency in the amount of $46,934.00, and to approve a budget adjustment. Garner Stoll, Development Services Director gave a brief description of the resolution. Staff recommends approval. Council Member Marsh stated her concerns about the contract and wants it to be tightened up a bit. She spoke about her concerns on the Archibald Yell portion. She stated the contract says, the portion of the corridor does not need additional evaluation of traffic and pedestrian alternatives, only land use recommendations. Garner Stoll: The contract is anticipating using the work completed with Nelson/Nygaard as a spring board. We don't want to redo all the work that was done by Nelson/Nygaard, which we have already paid for. We looked at it from an engineering perspective and selected it as one of eight projects that received a lot more attention. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 14 of 21 Council Member Marsh: The contract states, "This portion of the corridor does not need additional evaluation of traffic and pedestrian alternatives." We were presented with several alternatives and we need their further guidance in selecting which alternative is the most appropriate. Right now, the contract doesn't include that in their scope of work. I want to see the language made clearer. I'm also concerned based on the examples they showed in their work during the selection committee. They talked about some areas of the commercial strip may not be appropriate for the level of inclusive mobility and mixed use zoning we have designated in our future land use plan. The contract is worded that they are going to reevaluate these designations instead of giving us the design to show us how to achieve the goals we have already outlined. Garner Stoll: I understand the point, but in terms of your intent, these Fayetteville goals are often tradeoffs. Sometimes, some of the design goals that we have must have a tradeoff element in order to realize a practical solution or a goal of improving our tax base and economic development. Council Member Marsh spoke about the many things she viewed as a loophole in the contract, such as storm water issues and attainable housing not being mentioned. She spoke about her dissatisfaction with the firm that was selected. She stated the contract doesn't adequately address the goals that have been set for the city. Council Member Kinion stated he would like to table the item to have more time to look at the documents that were provided to the committee. Council Member Petty: Can you disclose to us if the vote at the Selection Committee was split? Garner Stoll: It was a close vote. Mayor Jordan: He is asking if it was split? Garner Stoll: It was. Council Member Petty: Split for a clear second or split across two or three other firms? Garner Stoll: I don't have the answer to that. We are anxious to get started on this. Susan Norton would like to discuss the communication plan. Susan Norton, Communications & Marketing Director: Council Member Marsh, I would like to address the points you didn't see in the revised version of the contract. We made some changes in the contract to insert the Communication team and make sure we had a similar approach as Jacobs. We have a routine now on how we do the public engagement. Previously, the contractor wanted to manage that for us and we said we would rather use our tools. Also, they indicated they wanted to build the brand, but we want to work with them and asked for them to use our brand. Council Member Marsh: Was there any reduction in fee? Garner Stoll: No. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 15 of 21 Council Member Marsh: In the Selection Committee, the next firm was down by one or two points. It was a small difference. Mayor Jordan: Do you have an alternative, Garner? Garner Stoll: Engineering contracts and broad visioning contracts are a bit like comparing apples and oranges. Engineering contracts are building specific things in the community. Council Member Marsh makes some good points and every one of those could easily be achieved through the existing conditions. I would like to sit down and make a list of everything that needs to be done and proceed. Our goal was to get this done in 2018. This work program calls for a year and we will now be half way into next year. We have a bond issue coming up. This process could go a long way towards getting the community involved in investing our limited resources to improve this corridor. Mayor Jordan: I think we can wait two weeks. Council Member Kinion moved to table the resolution to the June 19, 2018 City Council meeting. Council Member La Tour seconded the motion. Upon roll call the motion to table passed unanimously. This resolution was tabled to the June 19, 2018 City Council meeting. RZN 18-6176 (714 S. College Ave./Cameron): An ordinance to rezone that property described in rezoning petition RZN 18-6176 for approximately 0.25 acres located at 714 South College Avenue from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. Staff recommends approval. Staff and the Planning Commission recommend approval. Zara Niederman, 849 South Washington, Applicant stated he wants to develop it and is available for questions. Council Member Smith spoke about the issue with not being able to split a 75 -foot lot into two 40 foot lots in Neighborhood Conservation. He stated RI -U has an 18 -foot minimum lot width and RS -F 18 lets you do 30 feet. He requested to know why the applicant chose what he did. Zara Niederman stated he has done RSF-18 on a couple of other lots in the neighborhood. He spoke about challenges he experienced and for that reason he chose the zoning requested. Council Member Marsh 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 16 of 21 Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Marsh 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 6070 as Recorded in the office of the City Clerk ADM 18-6223 (SE of College Ave. & 9th St./9th St. Cottages): A resolution to approve a lesser dedication of 23.5 feet from centerline rather than 29.5 feet from centerline of College Avenue because of undue hardship or practical difficulties for the landowner. Garner Stoll, Development Services Director: We got a request from the applicant that they wish to withdraw their request. The applicant confirmed they wished to withdraw their request. Council Member La Tour moved to table the resolution indefinitely. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. This ordinance was Tabled Indefinitely. ADM 18-6094 (Amend UDC 164.19/Accessory Dwelling Units): An ordinance to amend §164.19 Accessory Dwelling Units of the Unified Development Code to encourage the construction of more accessory dwelling units in Fayetteville. r City Attorney Kit Williams read the ordinance. City Attorney Kit William stated there had been discussion between his office and the Planning Department about certain parts of the ordinance, especially C. 6, which is maximum occupancy of the accessory dwelling unit. He presented three options for Council. He stated they have occupancy limits of two, three or four to choose from and briefly explained what each of those choices represented. Garner Stoll, Development Services Director gave a brief description of the ordinance. Staff recommends changes as recommended by the Planning Commission. He stated this is pushing the envelope towards reducing the restrictions aggressively, in terms of size and parking, but not occupancy. He stated the occupancy requirements that are in the existing ordinance are very typical of ordinances nationwide. Council Member Petty thanked staff and the Planning Commission. He stated he's proud of the proposal and it is aggressive. He believes this will create an opportunity to eliminate barriers to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 17 of 21 accessory dwelling unit development. He stated this is probably the best kind of housing that could be asked for. He stated when housing such as this gets built, where people are already living, it is increasing the efficiency of the services already provided. He stated this doesn't require teardowns to provide new housing. He stated what is being proposed is the right balance. City Attorney Kit Williams: The very last Subsection F is not on any other development regulation. I think it was put on there because it was contentious as first. It says, a violation of the requirements shall be prosecuted to the maximum extent of the law. Every violation is going to be prosecuted the same way. I suggest you repeal Subsection F. Council Member Kinion: We already have a problem with over occupancy and in some of our neighborhoods we are inviting more over occupancy. I would like to see it go to Option A, rather than Option C. I am receiving phone calls about over occupancy. I can't support this. Garner Stoll: The intent from the Planning Commission was to keep the occupancy as it is presently. It allows a family, plus two. It's not unusual for a family to have an in-law or a grandparent living with them. They meet the definition of a family in our code. The way I read Option C is that it would allow a person to occupy the one accessory dwelling unit and then the second ADU is capped at two unrelated. Council Member Marsh: The issues that come up in my neighborhood are about cars and noise. I don't care if the person living in the second ADU is a cousin. I'm not concerned with the relationship of the people in the housing unit. I'm looking at the number of occupants we are adding to neighborhoods. I might be willing to make some allowances for children under the age of 18 as a dependent child in one of the units. I don't want to see us adding more cars and noise. If you have two ADU's and a maximum of 1,200 feet, it is reasonable to limit the occupancy to one. I favor Option A. Council Member Smith: I can appreciate all the allowances for family, but those aren't in here, like for underage minors. The reason I am for Option C is it takes care of that. If we want to regulate cars and noise, then I hope we regulate cars and noise, instead of trying to play the numbers game. By adding an additional unit and putting an adult grandparent or child in it, we aren't really adding any more to the land area. Council Member Petty: I'll support this ordinance whether it is Option A or Option C. In defense of Option C, we might be amplifying the impacts of this in our mind. If I have two 600 square feet ADU's, one attached and one detached and I have a family member living with me, I can do that just fine with Option C. If it is Option A, I wouldn't be allowed to give them their own kitchen. That is the difference between having a big bedroom suite and a proper dwelling unit. It doesn't make sense that we would put a restriction on people who want a little more privacy. We have already reduced the requirement for parking. We are keeping occupancy down by market forces. Council Member Bunch stated she is leaning towards Option C due to the aging population and caregivers. Teresa Turk, 1408 West Cleveland spoke about over occupancy, parking, and noise concerns. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 18 of 21 Zara Niederman, 849 South Washington spoke in favor of the ordinance. Lorraine O'Neal, 2070 East Spinel Link spoke in favor of the ordinance. Robin Devine, 1000 Boone: I am in favor of the ordinance. Is a mother-in-law house half the size of the homeowner's house? Mayor Jordan: No. Council Member Marsh: Robin, since you are spearheading the movement in the great house park area to deal with infill and how we are going to accommodate new housing units, what is your opinion on Option A or Option C? Robin Devine stated she is more concerned about how much housing could go in a floodplain area, rather than the amount of people. Council Member Marsh: So, it's the density of building and not the occupants and number of cars in the neighborhood? Robin Devine: Yes, in my neighborhood because we are in a wet area. Citizen stated his concerns about being a single parent and having two kids. He stated a lot of other cities who have used ADU's are single parents trying to get back on their feet. He stated he wants to make sure parents aren't being blocked out with their children. Council Member Petty moved to enact the replacement language with Option C and to remove Subsection F. Council Member Smith seconded the motion. Upon roll call the motion passed 7-1. Council Members Smith, Gray, Marsh, Petty, Tennant, Bunch, and La Tour voting yes. Council Member Kinion voting no. Council Member Marsh stated the ordinance was fantastic and moving in the right direction. She spoke about some of her concerns of the wording of the ordinance. She spoke about protecting the privacy of neighbors with strategic placement of windows. There was a brief discussion about the updated final version of the ordinance. Council Member Marsh spoke about the correct wording in preparation of possibly amending the ordinance. City Attorney Kit Williams spoke about using the word should as opposed to shall. He stated it gives guidance to not only homeowners, but to Planning and doesn't require you to get a variance if Planning is convinced it's a proper design. Council Member Marsh stated the intent is to make this a simpler process and not intrude on the privacy of neighbors. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 19 of 21 City Attorney Kit Williams: If it said, should, it wouldn't have to go to the Planning Commission. Garner, do you know if these would be approved administratively or by Planning Commission? Garner Stoll: They would be approved administratively if they meet the ordinance. It has a provision for variances to go to the Planning Commission. City Attorney Kit Williams: If we had should, it would not necessarily be a variance. If it was a shall, it would be a variance. I suggest we leave this on the first reading. Let me substitute the actual ordinance that includes Option C and gets rid of the last Subsection. It will give you something a little cleaner to look at. I will work on the language to try to make it where there wouldn't have to be a variance. Do you think this language is a little bit too difficult for ADU's or would you want to keep the language in there to better protect neighbors? Council Member La Tour: My neighbor doesn't want me looking into their windows and I don't want them looking into mine. There is a natural tendency of homeowners to design their houses with windows to protect privacy. If the regulation is what people would naturally do, I can support the concept. We should leave it on the first reading. Council Member Marsh: If somebody is designing a custom dwelling in their own back yard, then that is the case. When we start seeing more speculative development, we might see stock plans or pre -fab structures and will become a greater issue. I propose to eliminate the height restrictions and keep it consistent with the zoning. City Attorney Kit Williams: I probably won't include that in the ordinance because you can delete Subsection 7 right on the spot. I don't need to put that into an offer I would present to you. Will Dockery, 4149 West Bradstreet spoke in favor of the ordinance. Citizen, stated she is opposed to anything more than a two-story. There was a brief discussion about a two-story cap on structures. Lorraine O'Neal, 2070 East Spinel Lane spoke in favor of the ordinance. Council Member Petty: Privacy is the biggest hot button issue because we have only been permitting one or two of these things per year. I would support amending the height limit, but only because it's measured to the roof peak now. I would prefer if it used our definition of stories and had a two-story limit or if we retained the numerical definition. I wouldn't be able to support three - stories. I worry about changing it to a, should, because of the privacy implications. Council Member Marsh: If someone built a three-story dwelling, the footprint with the 1,200 - square foot maximum would just be only 400 square feet, which is very small. I have concerns about the height limit being measured in feet because it penalizes people who are in the flood plain. If we are going to set the height in stories, we should measure it either from the existing grade or from two feet above the 100 -year flood mark. I don't like that we are eliminating the storm water requirements. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 20 of 21 Council Member Smith: We are looking at the relaxing of restrictions. Can we pass what we have tonight and revisit these other items later? Council Members Marsh: I have a real problem with the 25 -foot height limit, especially in my part of town. It limits you to a one-story building or two-story with a flat roof. City Attorney Kit Williams: This is a throwback to when it was first enacted. We are now looking at stories, not feet. Stories would make a lot more sense. Maximizing it at two stories, not talking about roof peak or existing grade. Subsection B says the attached dwelling unit shall not be taller than roofline of the principle structure. That might be something you want to remove. City Council Marsh stated she would be in favor of removing that. A discussion followed about dwelling unit sizes. Council Member Smith: I don't think we are going to hit perfection tonight. How many requests do you think have been put on hold? Garner Stoll: I don't know in the long term, but we get frequent requests. We get a lot more inquiries than we do applications, so there's something that is not working for them. Council Member Smith: For that reason, I would like to go ahead tonight and give those folks some relief to start submitting applications. Garner Stoll spoke briefly about height and two-story. City Attorney Kit Williams: I know some people would like to resolve this tonight. I would caution City Council because this is a major change for an ordinance that was very controversial when it was first considered and adopted. It has major impact on the historic districts and other areas. I believe we should leave it on the first reading to allow more public input. Mayor Jordan stated that was a good idea. Council Member Marsh moved to amend B.2, but withdrew her motion to allow for more citizen input. Council Member Petty moved to amend C.7, but withdrew his motion due to a lack of a second. City Attorney Kit Williams stated he would work on the ordinance wording. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 5, 2018 Page 21 of 21 Announcements: Susan Norton, Communications & Marketing Director spoke about the Gulley Park Concert Series. Information is on the city website. Construction is going on at the intersection of Arkansas and Dickson. They are redoing the whole surface area and will conclude in about three weeks. Mayor Jordan stated he would be attending the U.S Conference of Mayors. City Council Agenda Session Presentations: Agenda Session Presentation: Recycling & Trash Update. Agenda Session Presentation: Washington -Willow Preservation Survey results and next steps. City Council Tour: None .Yo_n� (�, L:d=N- Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov