HomeMy WebLinkAbout2018-07-17 - 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
July 17, 2018
City Council Meeting Minutes
July 17, 2018
Page 1 of 13
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 17, 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, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit
Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Absent: Council Member Sarah Bunch
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Mayor Jordan recognized the Fayetteville Rotary Club and Fayetteville Rowing Club. The Rotary
Club representative stated they are thrilled to be working with the Fayetteville Rowing Club, which
will be a great addition to Lake Fayetteville.
Fayetteville Rowing Club Representative expressed her excitement.
City Attorney Kit Williams: The Fayetteville Rotary Club and Rowing Club donated $13,000.
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City Council Meeting Minutes
July 17, 2018
Page 2 of 13
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. He also
spoke about the 2017 Financial Audit Overview.
A14enda Additions:
Fayetteville Housing Authority 2018 Annual Plan: A resolution to express the City Council's
recommendations to Mayor Jordan concerning the Fayetteville Housing Authority's 2018 Annual
Plan and Rolling Five Year Plan.
Mayor Jordan: Council Member Marsh is walking on an item tonight.
Council Member Marsh: I would like to suspend the rules and add a resolution to the agenda. It
is dealing with the Fayetteville Housing Authority issues. They have been without water for two
days. While repairs are under way, we have seen a lot of things that are concerning with the
management of the public housing. Kit, can you help me with the wording.
City Attorney Kit Williams read the title of the resolution. He stated he had handed out a copy
to all the City Council, but the public had not gotten a copy yet.
Council Member Marsh: This will give us an opportunity to review their Five -Year Plan and
make comments on that to Mayor Jordan. He will ultimately be the decider, but it allows for public
comment, as well as City Council input.
Don Marr, Chief of Staff. The packets before you are the certificate request for Mayor Jordan to
sign and approve the Fayetteville Housing Authorities Five -Year Plan. and a copy of the CDBG
Five -Year Plan because those two plans need to be in coordination. You have an analysis memo
from our Assistant City Attorney, Blake Pennington. He has highlighted some of the items we are
aware of that the Mayor and Council Members might want to address within the plan that are areas
of concern that have been expressed previously in the public.
Council Member Marsh moved to suspend the rules and add the item to the agenda. Council
Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members
Kinion, Petty, Tennant, La Tour, Smith, Gray, and Marsh voting yes. Council Member
Bunch was absent.
City Attorney Kit Williams read the resolution.
Council Member Petty: With having just seen the plan tonight, I'd prefer to table it.
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City Council Meeting Minutes
July 17, 2018
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Mayor Jordan: I haven't gotten through it either. I haven't signed anything yet. We have had
some issues in the past and I want to hear from City Council on what they think about the plan.
We can table it for two weeks and give me time to read through this.
City Attorney Kit Williams: The idea was to get it out in front of the public and have some
comments from them, but not to necessarily pass the resolution tonight.
Council Member La Tour: I need to know about the people who haven't had water for two days.
Is there some connection between us passing this resolution and them getting water?
Mayor Jordan: I called the Executive Director today and according to her they have been working
on the line since 6:30 a.m. yesterday. She believes it will be repaired tonight or early in the
morning. They had to order a part. They are working with 2017 budget money, so there are funds
available for repairs.
Council Member La Tour: So., we aren't tabling this for two weeks and making these people live
without water for two weeks?
Mayor Jordan: No. We aren't going to let 40 people be without water.
Council Member Marsh: Thank you to volunteers and the Yvonne Richardson Center staff that
have brought water and food to the residents. The Salvation Army is allowing residents to stay and
providing dinner. There's a lot of concern and we need to pay attention to our Housing Authority
Board. We need to listen to the residents' concerns. Tabling this for two weeks will give
opportunity for needed public input. Some of our most vulnerable citizens are living in crisis right
now. I encourage everyone to review the Five -Year Plan and pay attention to areas of concerns.
Don Marr, Chief of Staff: What will be critical in terms of the timing of this discussion is to
receive HUD funding. The certificate of the plan approval has to be submitted prior to the annual
funding fiscal year. The document the Mayor will need to sign, needs to be processed sometime
in September to not have a gap in funding and exasperate the problem. There is a timetable, so it
can't continue to be tabled or it will affect the funding from the federal government.
Mayor Jordan: It won't be going anywhere until I sign the document, but it can't go on forever
because they need funding to operate.
Don Marr: This is not funding necessary to operate in 2017, that funding is received. This is for
their capital money. This will be for the 2018 fiscal year.
Council Member Tennant: Is it three weeks until our next meeting?
Don Marr: Correct. This is a five-week Tuesday. The next meeting would be August 7, 2018.
Mayor Jordan: The Executive Director said they were going to repair what's damaged right now.
Council Member Smith: When are their meetings?
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City Council Meeting Minutes
July 17, 2018
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Don Marr: We have no information on their meetings or items until you all talk about this and
the various parties are available to answer those questions.
Olivia Trumble, 2031 South Cline Avenue stated the next meeting is July 26, 2018 at 5:30 p.m.
at City Hall. She stated she would like for Council to talk to the residents of Willow Heights before
approving the plan. She stated the conditions are terrible.
Council Member Kinion: I would like to encourage everyone to look at the options prepared by
the Community Design Center. It talks about the location and why it might be necessary to preserve
public housing in this location. It offers three options on how to utilize the current property. It will
give insight on unbiased analysis.
Council Member Petty moved to table the item to the August 7, 2018 City Council meeting.
Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council
Members Kinion, Petty, Tennant, La Tour, Smith, Gray, and Marsh voting yes. Council
Member Bunch was absent.
Mayor Jordan: If anything occurs between now and then, water wise, I may decide.
This resolution was tabled to the August 7, 2018 City Council meeting.
Consent:
Approval of the July 3, 2018 City Council Meeting Minutes.
Approved
Accudock Rowing Dock: A resolution to approve the purchase of a rowing dock with canoe and
kayak launch area from JMH Marine, Inc. d/b/a Accudock in the amount of $33,183.74 plus
applicable taxes, pursuant to a federal General Services Administration cooperative purchasing
contract, to be installed at Lake Fayetteville, and to approve a budget adjustment.
Resolution 151-18 as recorded in the office of the City Clerk
The Field Shop, Inc.: A resolution to approve a change order to the contract with The Field Shop,
Inc. of Little Rock to expand the scope of services to include the purchase and installation of audio-
visual equipment for City Hall Room 111.
Resolution 152-18 as recorded in the office of the City Clerk
Central Arkansas Recycling and Disposal Services, Waste Hauling Agreement: A resolution
to approve an agreement with Central Arkansas Recycling and Disposal Services, LLC for the
hauling of solid waste and recyclable material in the City of Fayetteville.
Resolution 153-18 as recorded in the office of the City Clerk
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City Council Meeting Minutes
July 17, 2018
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Bid #18-36 Tri Star Contractors, LLC: A resolution to award Bid #18-36 and authorize a
contract with Tri Star Contractors, LLC in the amount of $743,491.83 for construction of the
Hickory Street, Jasmine Lane and Skelton Street Water Line Improvements, and to approve a
project contingency in the amount of $74,000.00.
Resolution 154-18 as recorded in the office of the City Clerk
Curtis Construction, Inc.: A resolution to approve a contract with Curtis Construction, Inc. in
the amount of $578,786.00, plus a contingency of $29,000.00 for construction of the Regional
Park Slope Reconstruction Project and to approve the attached budget adjustment.
Resolution 155-18 as recorded in the office of the City Clerk
Council Member Marsh moved to accept the Consent Agenda as read. Council Member
Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members
Kinion, Petty, Tennant, La Tour, Smith, Gray, and Marsh voting yes. Council Member
Bunch was absent.
Unfinished Business:
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 July 3, 2018 City Council meeting this ordinance was left on second reading. At the
June 19, 2018 City Council meeting this ordinance was left on the first reading.
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 Kinion, Petty, Tennant, La Tour, Smith, Gray, and Marsh voting yes. Council
Member Bunch was absent.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director stated he did not have anything new to add and was
available for questions.
Zara Niederman, 849 South Washington, Applicant spoke about street safety, storm water
drainage, steepness of site, spot zoning compatibility, and infill issues. He spoke about the accident
reports on the street. He stated that maps show it is a safe bike route. He stated where he wants to
build is not an area of major flooding. He spoke about the City Plan 2030.
Council Member Kinion stated they have to look at the specific property as it is today. He spoke
about the speed limit. He stated the bicycle on the map is a precautionary device because there are
no east/west corridors and to warn people to be on the lookout to share the road. He stated it is a
highly sloped property and in an area, that would be spot zoning. He stated it's not an ideal lot for
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City Council Meeting Minutes
July 17, 2018
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higher density as it is currently. He stated anyone that travels the road regularly knows there are
challenges. He stated he doesn't support rezoning at this time.
Council Member Petty stated he has driven the road and walked the property. He stated the
rezoning is modest and doesn't believe it should be characterized as high density. He spoke about
the Alternative Transportation Master Plan. He stated adding more housing is fundamental to
making the transportation system successful. He spoke about the topography of the site.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2.
Council Members Petty, La Tour, Smith, Gray, and Marsh voting yes. Council Members
Kinion and Tennant voting no. Council Member Bunch was absent.
Ordinance 6074 as Recorded in the office of the City Clerk
New Business:
South Centennial Park Lane Right of Way Naming: A resolution to name a previously un-
named right of way connected to West Old Farmington Road as South Centennial Park Lane.
Keith Macedo, IT Director gave a brief description of the resolution.
Council Member Tennant: Does this change any of the existing Old Farmington Road naming
that is already there?
Keith Macedo: There are six people currently addressed off of West Old Farmington Road. They
will now be addressed, South Centennial Park Lane.
Council Member Tennant: The existing Old Farmington Road will stay?
Keith Macedo: Correct.
Council Member La Tour: All the neighbors agree?
Don Marr, Chief of Staff. No. We received one communication from a property owner who felt
the naming would increase traffic in the area. We named it, Lane, so it would be clear that this is
not a through road.
Council Member La Tour: The only objection was that the name would cause more traffic?
Don Marr: For accessing the new park. They may have other items, but that was what was
communicated in an email.
Council Member La Tour moved to approve the resolution. Council Member Gray seconded
the motion. Upon roll call the resolution passed 7-0. Council Members Kinion, Petty,
Tennant, La Tour, Smith, Gray, and Marsh voting yes. Council Member Bunch was absent.
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City Council Meeting Minutes
July 17, 2018
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Resolution 156-18 as recorded in the office of the City Clerk
RZN 18-6227 (SE of Eagle St. & Oakland Ave./Campbell): An ordinance to rezone that
property described in rezoning petition RZN 18-6227 for approximately 0.34 acres located
Southeast of Eagle Street & Oakland Avenue from RMF -40, Residential Multi Family, 40 units
per acre 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. He spoke
about an old oak tree on the lot. The Planning Commission and staff recommend approval.
Michael Campbell, Applicant's Representative stated they would like to put three single family
homes on the property. He stated they have cleared the lot with the intention of preserving the tree.
Mayor Jordan: That is good news about the tree. Thank you.
Council Member Smith: What measures do you have planned to ensure the tree lives?
Michael Campbell: We have talked to the Urban Forestry group. We want their assistance while
we do construction, as well as any side trimming needing so that it's done in the right manner.
Council Member Gray requested the Urban Forester to speak about the likelihood of being able
to put the three houses on the property and not disturb the tree.
John Scott, Urban Forester stated without seeing a plan, it would be hard for him to make an
assessment. He spoke about a successful development in the city that illustrates how the
development can be built around the tree. He stated it is possible to preserve a tree if proper
techniques are used.
There was a brief discussion about possible preservation techniques that could be used.
Council Member Gray: You have not seen the plans?
John Scott: I have not.
Don Marr, Chief of Staff. Would this tree qualify as a significant tree under our tree ordinance?
John Scott: Absolutely.
Don Marr: Would the designation protect that tree in this development situation?
John Scott: It would depend on what they are building there and the zoning. It's not in the Hillside
Hilltop Overlay District. I wouldn't have an official review of it. If they're building single family
homes it would not have an official review and would not be protected.
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City Council Meeting Minutes
July 17, 2018
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Council Member Kinion: It's my understanding the current zoning is the same. There's not a
protection of the tree because of the current zoning.
John Scott: Correct.
Council Member Kinion: It's imperative we do everything we can to save this tree since it is a
significant tree. There was some misunderstanding from calls I received that it was protected, but
it is not
John Scott: It is not.
There was a brief discussion of the protection of the tree.
Garner Stoll: The applicant intends to do three lots, which they can do by right.
John Scott: That would not protect the tree and it would not come under review from the Urban
Forestry.
Council Member Gray: We would like for you to get to build those three homes. You've spoken
with the Urban Forester?
Michael Campbell: I spoke with staff when it went through the Planning Commission. I talked to
them about tree preservation. It isn't protected under the existing zoning, but our desire is to try
and save the tree with whatever means possible.
Council Member Gray: You have already learned some things that you need to preserve it?
Michael Campbell: Yes.
A brief discussion followed about preservation techniques.
Council Member La Tour: Do you believe the tree adds value to the development?
Michael Campbell: Yes.
Council Member La Tour: Can you expand on that?
Michael Campbell: From a visual perspective, it was the most predominant feature on the
property when we bought it. There was a lot of other scrub brush and an old house that was
condemned. We cleaned up the property with the intention of leaving the tree to create a view. It
is an old attractive tree. It is our desire to preserve it.
Council Member La Tour: Have you developed other properties?
Michael Campbell: Yes.
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City Council Meeting Minutes
July 17, 2018
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Council Member La Tour: Do you find that most people like trees on their property?
Michael Campbell: Absolutely.
Council Member La Tour: The tree has probably not been protected ever in its life, yet it has
grown enormous. I urge us to grant this zoning request. People want trees on their place. I support
your efforts.
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
Kinion, Petty, Tennant, La Tour, Smith, Gray, and Marsh voting yes. Council Member
Bunch was absent.
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 Gray seconded the motion. Upon roll call the motion passed 7-0. Council
Members Kinion, Petty, Tennant, La Tour, Smith, Gray, and Marsh voting yes. Council
Member Bunch 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 Kinion, Petty, Tennant, La Tour, Smith, Gray, and Marsh voting yes.
Council Member Bunch was absent.
Ordinance 6075 as Recorded in the office of the City Clerk
RZN 18-6239 (NE of Oldham Dr. & Broyles Ave./North Lots-Sloanbrooke Ph. II): An
ordinance to rezone those properties described in rezoning petition RZN 18-6239 for
approximately 3.58 acres located Northeast of Oldham Drive and Broyles Avenue from R -A,
Residential Agricultural to NC, Neighborhood Conservation and from NC, Neighborhood
Conservation to R -A, Residential Agricultural.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. He spoke
about building elevation requirements. The Planning Commission and staff recommend approval.
Council Member Kinion: They are looking at low impact development?
Garner Stoll: That's about the adopted future land use plan that recommends low impact
development for natural areas.
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Council Member Kinion: It's just a recommendation. I want to make it clear that we aren't going
to demand this.
Garner Stoll: In this instance, it's part of the floodplain and unbuildable. The entire area is not
entirely relevant to this application.
Council Member Smith: This is a similar process that happened in Salem Village before it was
built down in a soggy area. They now occasionally put sand bags out on the front porch when it
rains. I would like more understanding of the process they go through and the review that our
engineers do.
Chris Brown, City Engineer: If your property is in the floodplain, you can fill your property up to
the point so the property is higher than the floodplain elevation. When you do that you can submit
a request to FEMA and request it be removed from the floodplain requirements. It's routine and
for a small amount of fill, it's not really a big issue when that happens. When you are removed
from the floodplain, then none of the requirements of our floodplain ordinance apply anymore to
that lot. The concern is you're out of the floodplain, but you are right at the edge of the floodplain.
If a bigger flood occurs and you just build to the minimum, then you could still have a flooding
problem. That is what happened in Salem Village. The developer intends to build the house to two
feet above the adjacent floodplain elevation. They will be meeting the requirements, even though
technically they don't have too, per city ordinance. The net effect is that it takes them out of the
floodplain and eliminates the need for flood insurance.
Council Member Smith: When they fill for six lots worth and raised theirs out, that's going to
displace other water. Does the process consider the impact downstream?
Chris Brown: It doesn't. The theory of the FEMA process is that you have a floodplain which is
100 -year elevation where the water spreads out in a 100 -year storm. The floodway is a theoretical
area. If you build a wall at the floodplain elevation and you start bringing that wall in, the point at
which the floodplain increases by one foot, that's the floodway. We can't restrict or fill in the
floodway. The FEMA regulations allow fill to be placed into the floodplain up to the floodway
line. It's not always the best situation. In a large scale, if somebody is filling a whole bunch of that
floodplain, it could impact other properties. In this case, it's such a small amount and is on the
fringe of the floodplain. It's not going to have a huge impact.
Council Member Smith: No impact on the planned trail between these houses in the floodway?
Chris Brown: The grading and everything has all been worked out and the master plan for that
trail is incorporated into this plan.
Don Marr, Chief of Staff: What is different about this situation than Salem Village, where we had
this happen, but we still see flooded properties?
Chris Brown: What they did in that case, is they did the same thing. They petitioned to be removed
from the floodplain, which allowed them to build their houses at a lower elevation and not be
impacted by the floodplain. They ended up building at or near the floodplain elevation. As can
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happen, the larger than theoretical storm occurred and those houses that were at or below the
floodplain elevation, flooded. The ones that were in the floodplain that we required to build two
feet above, had water around their house, but didn't have water in their house. The developer
petitioned to be removed from the floodplain and sort of did a disservice to future property owners.
They ended up building those houses too low. If they had left the floodplain as is, but built it two
feet above, we probably wouldn't have any flooded houses out there. It's a situation that is allowed,
but not always the best thing to do. In this case, the developer is agreeing to build two feet above,
even though they aren't going to be in the floodplain.
Don Marr: We have identified fifteen million worth of flood mitigation improvements that need
to be done. We need to make sure we aren't adding new properties into those numbers and the
funding cost to handle them. It ultimately comes back to the city. We get significant complaints in
Salem Village of flooding when we have large storm events.
City Attorney Kit Williams: The developer is doing the right thing in this case. It wasn't done
right in Salem Village. Shouldn't Council consider regulations so they keep the same requirements
of two feet and we don't run into problems like Salem Village, when another builder might want
to cut cost?
Chris Brown: Yes, that is something to be considered. We can work with the developer to require
elevations on the finished floor elevations on the houses. There may be other scenarios where we
don't have that regulatory tool. There are some changes to the floodplain ordinance that could be
made to help reduce the possibility of that happening again. There are more restrictive things that
some cities do. Some cities won't let you fill in the floodplain, you have to totally stay out of the
floodplain. That would be above and beyond the FEMA requirements, but it is something to
consider.
City Attorney Kit Williams: I would be nervous about telling people they can't build in a
floodplain if FEMA allows it. It could cause us some liability issues. I don't think requiring them
to elevate as this developer is, would be any kind of regulatory problem for us. It makes good sense
for everybody in the long term.
Chris Brown: We can look at that.
Garner Stoll: FEMA allows communities to have additional requirements in addition to their one -
foot freeboard. Many communities just use the one foot and I'm happy Fayetteville uses two feet.
Two feet is a world of difference from one foot in terms of water damage.
Council Member Smith: We call it a 100 -year flood, but that's the theoretical storm you are
talking about. How many times have we had that kind of storm in the last five years?
Chris Brown: It's difficult to answer because it is theoretical. There are 100 -year storm events,
so you get the 100 -year rain. You may not get the 100 -year flow or elevation if it is dry. The last
event in 2017 we saw the inches of rain that exceeded the 100 -year storm in the northwest part of
the city. As we went south and east in the city it was only a 25 to 50 -year storm. You could probably
see storms in excess of the 25 to 50 -year event since 2004 around four or five times.
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Council Member La Tour: Taking the elevation from just at the floodplain to two feet above, as
a percentage of total cost of the development, what are we talking about? How much is expense is
there?
Chris Brown: In just building a house, each block is eight inches tall. You are talking about three
blocks worth. Three blocks, three feet worth of fill, good insurance, and it is relatively cheap to
get the house up a little bit.
Council Member La Tour: If I bought a house from a developer and it flooded every other year,
I would feel bad about that situation. I would be talking to an Attorney. As a city, we need to
require developers to build at least two feet above or whatever the safety zone is.
Garner Stoll: That is our requirement. There are six lots platted as unbuildable. When they come
in for a replat, we can require that.
Council Member La Tour: How did Salem Village get away with it?
Don Marr: They got away with it because that requirement wasn't there until the Council at the
time brought it forward.
Council Member La Tour: That is a reasonable regulation.
Mayor Jordan spoke about being on the Council when the regulation was changed.
Council Member Marsh: I live in a floodplain in a house that is elevated. It is not ideal, but it
works. I believe one can responsibly build in a floodplain. I would like to go out and see this
property. I'd prefer that we hold it on this reading and have some time to consider this. Every
situation is different. I worry about elevating too many of these lots.
Justin Jorgensen, Jorgensen & Associates stated he was agreeable to leaving it on the first
reading.
Sloan Scroggin, 3509 North Sandpiper Drive spoke about river and creek flooding effects.
This item was left on the First Reading.
Announcements:
Don Marr, Chief of Staff. The busted pipes at Willow Heights have now been fixed. Hopefully,
they have access to water now.
The city is seeking volunteers to conduct the annual Keep Fayetteville Beautiful Litter Index. That
index will be taken on July 25, 2018 between 8:00 a.m. and 4:00 p.m.
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City Council Meeting Minutes
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The next Gulley Park concert will be July 26, 2018. Fayetteville native, Barrett Baber will be
performing. He was on the ninth season of The Voice.
We are still taking input and feedback on the Parks Master Plan. Information is on the city website.
Mayor Jordan: We have begun the expansion of the library. They are doing the demolition and
we will be building on it real soon.
City Council Agenda Session Presentations: None
City Council Tour: None
Ad'ournm t: 7:0 .m.
Ud
neld Jordan ay Sondra E. Smith, City Clerk Treasurer
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