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HomeMy WebLinkAbout2018-07-03 - Minutes -Council Member Adella Gray Ward I 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 July 3, 2018 City Council Meeting Minutes July 3, 2018 Page 1 of 8 Council Member Justin Tennant Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member John La Tour Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 3, 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, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Absent: Council Member La Tour Pledge of Allegiance Mayor's Announcements, Proclamations and Reco;_nitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the June 19, 2018 City Council Meeting Minutes. Approved 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 3, 2018 Page 2 of 8 Beaver Watershed Alliance Cost Share Agreement: A resolution to approve a cost share agreement with the Beaver Watershed Alliance for grant funding in the amount of $163,000.00 and assistance in designing and constructing a green parking lot at Kessler Mountain Regional Park, with a cash and in-kind match by the city of $140,000.00, and to approve a budget adjustment. Resolution 139-18 as recorded in the office of the City Clerk Special Events Donation Revenue: A resolution to approve a budget adjustment in the total amount of $23,000.00 representing Fayetteville Advertising & Promotion Commission special event funding, Memorial Bench Program donations from the Rotary Club of Fayetteville and Jimm Garlock, and a donation from the Chain Gang Disc Golf Club. Resolution 140-18 as recorded in the office of the City Clerk Yvonne Richardson Community Center Garden Shelter Project: A resolution to approve a budget adjustment in the amount of $7,000.00 recognizing park land dedication fees from the Southeast Park Quadrant to be used for the Yvonne Richardson Community Center Garden Shelter Project. Resolution 141-18 as recorded in the office of the City Clerk Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in an amount not to exceed $154,000.00 for water tank and water quality evaluations, and to approve a budget adjustment. Resolution 142-I8 as recorded in the office of the City Clerk Allgeier, Martin and Associates, Inc. Agreement No. 1: A resolution to approve Supplemental Agreement No. 1 with Allgeier, Martin and Associates, Inc. in an amount not to exceed $46,144.00 for additional electrical engineering services associated with an assessment of the city's potable water stations. Resolution 143-18 as recorded in the office of the City Clerk Insituform Technologies, LLC Change Order No. 1: A resolution to approve Change Order No. 1 to the contract with Insituform Technologies, Inc. in the amount of $280,192.55 to add additional pipe segments to the 2018 proposed sewer rehabilitation work plan using the cured -in-place pipe method. Resolution 144-18 as recorded in the office of the City Clerk Watershed Conservation Resource Center Task Order No. 7: A resolution to approve Task Order No. 7 with the Watershed Conservation Resource Center in the amount of $100,500.00 for continuing native vegetation establishment efforts and minor adjustments within streams to ensure the continued success of completed restoration projects. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 3, 2018 Page 3 of 8 Resolution 145-I8 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 $22,767.00, pursuant to a state procurement contract, for use by the Police Department. Resolution 146-18 as recorded in the office of the City Clerk MHC Kenworth: A resolution to authorize the purchase of a 2019 Kenworth T270 Cab and Chassis with a G & H Model 8000 Rotating Container Carrier from MHC Kenworth of Springdale, Arkansas in the amount of $112,313.78, pursuant to the Sourcewell Cooperative Purchasing contract, for use by the Recycling and Trash Collection Division. Resolution 147-18 as recorded in the office of the City Clerk Bid # 62123-1802 Grasshopper Construction, LLC: A resolution to award bid #62123-1802 and authorize a contract with Grasshopper Construction, LLC in the amount of $22,813.49 for Community Development Block Grant rehabilitation of an eligible residence located at 1235 S. West Avenue. Resolution 148-18 as recorded in the office of the City Clerk 2018 Community Development Block Grant Action Plan: A resolution to approve the 2018 Community Development Block Grant (CDBG) action plan, to authorize the Mayor to execute the CDBG Agreement for 2018 in the amount of $668,915.00 when received, and to approve a budget adjustment. Resolution 149-18 as recorded in the office of the City Clerk Modern Exteriors: A resolution to authorize a contract with Modern Exteriors of Springfield, Inc. in the amount of $23,830.89 for the purchase and installation of sunroom glazing at the Walker Park Senior Activity and Wellness Center using Community Development Block Grant funds. Resolution 150-18 as recorded in the office of the City Clerk Council Member Gray moved to accept the Consent Agenda as read. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Marsh, Kinion, Petty, Tennant, Bunch, Smith, and Gray voting yes. Council Member La Tour was absent. Unfinished Business: 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. At the June 19, 2018 City Council 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 3, 2018 Page 4 of 8 meeting this ordinance was left on the second reading and referred to the Ordinance Review Committee. At the June 5, 2018 City Council meeting this ordinance was left on the first reading. City Attorney Kit Williams: Mayor, this is going to be heard at the Ordinance Review Committee meeting. Unfortunately, it won't be done until after the next meeting. This ordinance should be tabled. We need to wait until it goes through the Ordinance Review Committee and we can have any potential modification or amendments presented. Council Member Tennant: The Ordinance Review Committee meeting will be Thursday, July 19, 2018 at 5:00 p.m. in City Council Chambers. Rob Sharp, Church Street spoke in favor of the ordinance. Council Member Petty stated he had read in the last announcement about the Design Excellence Program that the Walton Family Foundation had taken an interest in Accessory Dwelling Units. He stated Mr. Sharp was involved in the award and requested for him to speak about the program. Rob Sharp have a brief overview of the program. Council Member Tennant moved to table the ordinance to the August 7, 2018 City Council meeting. Council Member Marsh seconded the motion. Upon roll call the motion to table passed 7-0. Council Members Marsh, Kinion, Petty, Tennant, Bunch, Smith, and Gray voting yes. Council Member La Tour was absent. This ordinance was left on the second reading and tabled to the August 7, 2018 City Council meeting. RZN 18-6206 (1760 N. Walnut Ave./Niederman): An ordinance to rezone that property described in rezoning petition RZN 18-6206 for approximately 0.35 acres located at 1760 North Walnut Avenue from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation. At the June 19, 2018 -City Council meeting this ordinance was left on the first reading. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Marsh, Kinion, Petty, Tennant, Bunch, Smith, and Gray voting yes. Council Member La Tour was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the tour that the City Council went on. Zara Niederman, Applicant gave a brief overview of the property. He believes the rezoning is compatible with the area. He stated when the Planning staff, Police Department, and Fire Department reviewed the safety aspect, they did not have an issue with safety. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 3, 2018 Page 5 of 8 Kyle Cook, 1848 North Wheeler stated the rezoning has no effect on where he lives. He spoke against dropping Neighborhood Conversation on one lot in the middle of a RSF-4 neighborhood. He spoke against the ordinance. Council Member Petty stated they need to remember that whenever they do a zoning code it sets minimum standards, but what often happens differs greatly from the numbers that are listed in the code. He stated NC allows 10 dwelling units per acre. He spoke about a current builder who is only building 4 1/3 units per acre and the lot sizes are not the minimum sizes allowed under RSF- 4. He spoke about lot sizes in Fayetteville. He spoke about what RSF-4 and NC allows on lots. He spoke in favor of the rezoning. Council Member Marsh stated she is not supporting C-1 and C-2 zonings because she doesn't believe anymore development is needed, as what is seen on North College. She spoke about shifting away from RSF-4 because it is bad for the economy. She stated the taxable land value doesn't support the infrastructure required to maintain RSF-4. She spoke about RSF-4 being bad for the environment and not a good fit for the community. She stated that the project needs to be redeveloped and the economics require there be more than one unit to make the project feasible. She stated that density needs to be closer to the 71-B Corridor. She spoke in favor of Neighborhood Conservation. Council Member Kinion stated when looking at the specifics of this property, he believes RSF- 4 is an appropriate zoning in the area. He stated the neighborhood is RSF-4. He stated he can't see a compelling argument to change it from RSF-4 to NC, due to challenges with the property. Council Member Smith: I wish this was coming up after our 71-B Corridor Plan. When we see that, we are going to have a different view of these areas behind those businesses. If we are going to look at transit oriented development, I think the edges of those neighborhoods are going to see a more transitional zoning than just Commercial to RSF-4. This is right in that sweet spot that's going to be a likely candidate. On our tour of the property, we saw reasons not to build on this lot. If we say don't build on a hill or a curve, then there's nowhere left in Fayetteville to build. Council Member Bunch believes this is not the right place to rezone because of what could be allowed on the property once it is rezoned. She spoke about the topography and site distance challenges of the property. She spoke in opposition of the ordinance. Garner Stoll gave a brief description on the shared access requirement of parking. He stated they couldn't administratively approve more than one curb cut due to safety. He stated it's not even ideal for one curb cut. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion failed 4-3. Council Members Marsh, Petty, Tennant, and Smith voting yes. Council Members Kinion, Bunch, and Gray voting no. Council Member La Tour was absent. This ordinance was left on the second. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 3, 2018 Page 6 of 8 VAC 18-6174 (237 S. Locust Ave./Gray): An ordinance to approve VAC 18-6174 for property located at 237 South Locust Avenue to vacate a portion of a utility easement and a street right-of- way. At the June 19, 2018 City Council meeting this ordinance was left on the first reading. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Marsh, Kinion, Petty, Tennant, Bunch, Smith, and Gray voting yes. Council Member La Tour was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. Rebecca LaTourette, Neighborhood Property Owner: Is the city vacating the land and what does it mean when they are giving permission to do this? Garner Stoll: It is both a right -of way and an easement. SWEPCO asked for a retention of an easement, which is in the ordinance that was requested by one of our responding agencies. The other parts were not needed. Rebecca LaTourette: When the city vacates the easement for this, are they requiring payment for the vacation of this easement? City Attorney Kit Williams stated there is no payment on this. He gave a brief description of the process of vacating an easement or right-of-way. He requested for Mr. Stoll to confirm that the ordinance is to allow someone to put a carport over their driveway. Garner Stoll stated yes, to a carport being over the driveway. City Attorney Kit Williams: It's not really a significant change in the road. Garner Stoll: It's excess right-of-way. It is above our local street standards. Council Member Marsh 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 Marsh, Kinion, Petty, Tennant, Bunch, Smith, and Gray voting yes. Council Member La Tour was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Marsh, Kinion, Petty, Tennant, Bunch, Smith, and Gray voting yes. Council Member La Tour was absent. Ordinance 6073 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 July 3, 2018 Page 7 of 8 New Business: None Announcements: Don Marr, Chief of Staff. Our Urban Foresters are seeking input on the Unified Development Code in Chapter 167, Tree Preservation and Protection ordinance. The meeting will be held July 12, 2018 at 6:00 p.m. at the Fayetteville Public Library. There are scheduled fireworks today at 9:15 p.m. at Paradise Valley Golf. There are fireworks on July 4th at 9:30 p.m. at the Fayetteville Country Club. On July 21, 2018, there will be fireworks at the Botanical Gardens of the Ozarks at 9:55 p.m. The city's ordinance allows fireworks on July 1st through July 3rd from 10:00 a.m. to 10:00 p.m. and July 4th from 10:00 a.m. to 11:00 p.m. The Gulley Park Concert will be July 12, 2018 featuring, The Mighty Pines. The city has completed our first survey result of Phase 1 of our Parks Strategic Planning process. The information can be viewed on the city website. Council Member Marsh: If you hear someone firing off fireworks at a non -designated time, is it up to you to contact authorities to request enforcement? Don Marr: That is correct. We log in our Dispatch every complaint that comes in for record keeping. It's not uncommon to get numerous complaints this time of the year. Violations of crimes have to be occurring in the presence of a Policeman. We have limited officers on the street. We have other calls coming in that might be of higher priority than a firework. City Council Agenda Session Presentations: Agenda Session Presentation by the Audit Committee (2017 Financial Audit Overview). Agenda Session Presentation - Jacobs Annual Report, Greg Weeks and Steve Carpenter. City Council Tour: 4:30 PM Monday, July 2, 2018 Council Members will tour RZN 18-6206 (1760 N. Walnut Ave./Niederman, VAC 18-6174 (237 S. Locust Ave./Gray), and RZN 18-6079 (Portions of Parksdale and Center Additions/ Joint Application). 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 3, 2018 Page 8 of 8 Adiournment: 6:19 p.m. Li'r oneld o ,Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov