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HomeMy WebLinkAbout2018-09-18 - 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 September 18, 2018 City Council Meeting Minutes September 18, 2018 Page 1 of 19 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 September 18, 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. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None Ci Council Meeting Presentations Reports, and Discussion Items: Nominating Committee Report Council Member Kinion presented the Nominating Committee report and recommended the appointments as submitted. Council Member Marsh: The Town and Gown Committee forwarded a recommendation that we reconsider the nominee to their group and more clearly define the At Large position. The committee has undergone some structural changes with the reduction in the number of At Large members. There's been some concern about the current At Large representative is an employee of 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 2 of 19 the University and the proposed nominee has a contractual relationship with the University. We want to examine that and make sure we are truly appointing an At Large position. Mayor Jordan: You want to hold that one? Council Member Marsh: I would like to hold that one for further consideration. There's not another Town and Gown meeting until after the Nominating Committee will meet again. The vote of that committee was seven in favor of holding it and five opposed. This no reflection on the current nominee. Mayor Jordan: You want to hold the Town and Gown and approve all the rest of them? Council Member Marsh: Yes. City Attorney Kit Williams stated there would need to be an amendment to remove the Town and Gown nomination before being discussed further. Council Member Bunch stated she would be in favor of removing the Town and Gown nomination from the report because there are substantial changes being made to the committee. Council Member Smith: I would've preferred to have had the conversation about the nature of those positions before we interviewed citizens. That kind of clarity would've been better to have when folks were applying. I prefer to go ahead with the slate. Council Member Tenant: Do you have a plan on how you want to reconsider? Council Member Marsh: We have another Nominating Committee before the next Town and Gown meeting. It would give us an opportunity to exam that. The committee needs to define what an AT Large member is. By reducing the number of At Large members, we may need to be more specific in what potential affiliations they may or may not have. Council Member Kinion: If you look at the makeup of the Town & Gown Committee, most of it is appointees, based on their position as city administration or at the university. If we eliminate anyone that has any affiliation with the University of Arkansas for the At Large positions, we're eliminating the largest employer in the city. Anyone that is affiliated with the university and lives in the City of Fayetteville is a citizen of the city. We don't have our other At Large positions furthered defined. I wish we had this discussion beforehand because we've already interviewed. Council Member Gray: Which committee wants to re -look at this? Council Member Marsh: The Town & Gown passed a resolution yesterday, seven in favor and five against, asking us to further define At Large before nominating someone to the committee. We aren't on a time constraint to appoint anyone. We need to have an independent representative on the committee to be transparent and that we are meeting the intent of the At Large position. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 3 of 19 Council Member Kinion: This committee only has two scheduled meetings a year. The function of the activity of Town & Gown is committees, sub -committees, and sub -committees of sub- committees. There is activity all year long. It's not just twice a year whenever we meet. Matthew Ramsey, Town & Gown Committee At Large Member stated three incumbents of the committee were overlooked in favor of another individual. He spoke about his concerns of not being re -appointed for the committee and what he believes an At Large member means. Marsha Scott, Nominating Committee Appointment Recommendation for Town & Gown. She stated she is a part time independent consultant to the Dean of Fulbright College at the U of A. She spoke about her qualifications to serve on the committee. Susan Gardner, 909 North Hall spoke about this being awkward since Marsha Scott had already been interviewed and nominated. Donna Daniels stated she has been a faculty member at the university for 36 years. I am the remaining At Large member of the Town & Gown Committee. She stated she has no problem opposing the university and individuals should not be penalized because they work for the university. Council Member Marsh: The three other applicants who are current members of the committee, none of them were employed by the university. This is about the need to make sure our At Large position is truly, At Large. Council Member Kinion gave a brief description of the process of the Nominating Committee interviews. He stated things were openly and honestly discussed. He spoke about the pool of applicants. He stated they had an applicant who would bring a fair and progressive voice that represented Citizens At Large. Council Member Gray: Please tell us how the committee has been restructured. Council Member Kinion: There are two At Large positions. There used to be four, one from each ward. Now it will be two from separate wards. Council Member Gray: Why was that done? Council Member Kinion: We had such a large committee and it was hard to get any organizational efficiencies. This is an advisory committee dealing with issues across all elements of the city. By having a smaller structure, we can be more streamlined in the issues that we have noted as very important. Council Member Smith stated at the last meeting there was conversation about affiliation with the university, the way the committee is structured, and the changing role of the committee. He stated he feels like they are retreading the same conversation at the City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 4 of 19 Council Member Marsh: The conversation at the meeting was divided, but I defer to Council Member Kinion's judgement because he is on the committee. It went against my better judgement in terms of ensuring we have an At Large voice. Later, I learned there was a personal relationship that I don't think would have constituted a conflict of interest, but I wish it had been disclosed. In the interest of making sure we are doing the right thing, this should be referred back to the committee. We need to develop a policy and define what constitutes an At Large position. This is not about the applicants. It is about making sure we are representing the community as a whole. Council Member Smith: I want to make sure it is clear about the relationship that has been eluded too. Ms. Scott is a contractor who works with a lot of people who need her services. When I was involved in leading the Civil Rights Ordinance Campaign, her company was our consultant. We have a lot of folks who've applied for our board and commissions who have frequently used members of the Nominating Committee as their references. What I consider my experience with Ms. Scott is familiarity with her work and the qualities she would bring to the committee. Council Member Tennant: I have to take the personal sides completely out because of relationships people may or may not have. I don't have time tonight to put that all together and figure something out. I know the chosen person and would think she would be great, but I wasn't in the room for the interview. I'm not on the Nominating Committee and don't know who else applied. Why do we have a committee if we can overturn it? I respect the people on the committee, but this may be a failure of process. It should have been taken care of long before tonight. We may need to give this some more consideration. We are sure there's not another Town & Gown meeting in the near future? Susan Norton, Communications & Marketing Director: The Town & Gown is to meet no fewer times than twice a year. January is our next tentative meeting. The stipulation is that we are called together, should we need to address an issue before the next bi-annual meeting. Council Member Tennant: You might have to meet, which would be posted like any other public meeting? Susan Norton: Yes. Council Member Tennant: There is probably a process issue here and clarifications that should have happened before. It is hard enough to get people to apply for these things. Council Member Bunch: How common is it if you have a meeting scheduled for January that you would have a sub -committee meeting in the next month or two. Susan Norton stated it is very common because of the projects they are currently working on. She spoke about the different sub committees. Council Member Bunch: This has been requested. We have some time to review this and tighten up the At Large definition. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 5 of 19 Susan Norton: The restructuring is not continuing to occur. It occurred last October when we brought the revision of the ordinance to the Council. If there needed to have been a discussion about At Large then, there wasn't. Council Member Bunch stated if someone has lived here for any length of time, they probably know many people in Fayetteville and had some kind of connection. She stated it's important that they look at this again for transparency. Council Member Gray: As the former Chair of the Nominating Committee, we need to go on with the recommendations the committee has provided us this evening. It's amazing how many hours the Nominating Committee spends interviewing candidates. If you get someone who is not connected in any way with the university, I don't see that as being possible, as well as not needed. Town & Gown means working together and more familiarity with the university is a good thing. The citizens applied and came for their interviews under one definition. I feel we are changing the rules in the middle of the game. Council Member Marsh stated 50% of the Nominating Committee are the ones asking for reconsideration. She stated the majority of the Town & Gown Committee are asking for reconsideration. She stated that a definition is needed for At Large. Council Member Petty stated he would support reconsidering because half of the Nominating Committee is requesting it. He stated the Town & Gown is a working committee to deal with issues that are not particularly easy or highly technical. He stated he fears it's becoming a venue to test anything controversial that might involve the university or city relationship. Council Member La Tour stated he appreciates the Nominating Committee doing their job, but since there's controversy, he doesn't want to stick to a rule because it's a rule. He spoke about having time to revisit the issue. Mayor Jordan requested to know what kind of timeframe there will be before getting an appointment on the Town & Gown if Ms. Scott is not approved. City Attorney Kit Williams: The normal rule is that you serve on a committee you've been legally appointed too until your replacement has been appointed. Since three of the At Large committee members were not reappointed, I don't know who gets to claim the position. I guess one of those three would remain serving even though their term has expired. The Town & Gown Committee can decide. A discussion followed about possibly calling a special Nominating Committee meeting. Council Member Marsh stated the next order of business would be to define what At Large is and she would be available for a special meeting. Mayor Jordan stated the committee needs a position to be filled. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 6 of 19 Council Member Kinion moved to approve the Nominating Committee Report as submitted. Council Member Gray seconded the motion. There was no vote due to Council Member Marsh requesting to amend the report. Council Member Marsh moved to remove the Town and Gown nomination. Council Member Bunch seconded the motion. Upon roll call the motion passed 5-3. Council Members Marsh, Petty, Tennant, Bunch, and La Tour voting yes. Council Members Smith, Gray, and Kinion voting no. There was a brief discussion about due dates of nominations and scheduling a meeting. Council Member Kinion: Is the Nominating Committee supposed to define, At Large? City Attorney Kit Williams: If you want to limit what At Large means, which usually At Large there is no limit. It's used many times in our code to mean you aren't affiliated with anything. If you want this committee to define, At Large, it will take a code change. Council Member Kinion: Would it be litigated if you called an At Large, but it wasn't At Large? City Attorney Kit Williams: I think you have a lot of power to say At Large for this committee. I would be happy to defend you in court if there was litigation. Council Member Kinion: Is it the Nominating Committee that should come up with this definition? City Attorney Kit Williams: Probably the Nominating Committee or Ordinance Review Committee. It should not be the Town & Gown Committee. They are just an advisory committee. Council Member Kinion: I think it should be the Ordinance Review Committee. Council Member Gray: Will it then come back to the Council? Mayor Jordan: Yes, it will. As quickly as possible. Council Member Marsh: As a committee, we can adopt best practices. Then we can bring that forward as an ordinance. Our chair person can schedule a meeting so we can move forward. Council Member Tennant: As the Chair of the Ordinance Review Committee, we wouldn't be discussing an ordinance. Correct? City Attorney Kit Williams: You could be creating an ordinance, but normally it's one that is already there. Also, a Council Member can bring something to put on the agenda. Council Member Tennant: I ask that before Ordinance Review is involved, we bring something to Kit and discuss it. Then, if we still want, we can go to Ordinance Review. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 7 of 19 Council Member Marsh moved to approve the Nominating Committee Report as amended. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. A copy of the report is attached. Housiniz Authority Board Appointment Council Member Kinion presented the recommendation from the Fayetteville Housing Authority and recommended the appointments as submitted. Council Member Kinion moved to approve the Housing Authority Board appointments. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions. None Consent: Approval of the September 4, 2018 City Council Meeting Minutes. Approved B1ueInGreen, LLC and C112M Hill Engineers, Inc.: A resolution to approve Lease, Maintenance and Operation Agreements with B1ueInGreen, LLC and CH2M Hill Engineers, Inc. for office and lab space at the Noland Water Resource Recovery Facility and an extension of B1ueInGreen's warranty and service of its equipment. Resolution 191-18 as recorded in the office of the City Clerk Stribling Equipment, LLC: A resolution to authorize the purchase of a John Deere loader with forks from Stribling Equipment, LLC of Springdale, Arkansas in the amount of $131,350.00 pursuant to the Sourcewell cooperative purchasing contract for use by the Water and Sewer Operations Division. Resolution 192-18 as recorded in the office of the City Clerk PureGreen Equipment Services, LLC: A resolution to authorize a contract with PureGreen Equipment Services, LLC d/b/a EZ Fuel -Blue I USA for the purchase of fueling equipment in the amount of $135,997.31 pursuant to the Sourcewell cooperative purchasing contract for the fuel station improvement project, and to approve a project contingency in the amount of $20,000.00. Resolution 193-18 as recorded in the office of the City Clerk Hazmat Services Revenue: A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $3,080.00 and increasing the related expense budget. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 8 of 19 Resolution 194-18 as recorded in the office of the City Clerk Assistance to Firefighters Grant: A resolution to authorize the acceptance of a 90/10 Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $123,637.00 for the purchase of physical fitness equipment, and to approve a budget adjustment to provide for matching funds in the amount of $12,363.00 and a project contingency in the amount of $20,000.00. Resolution 195-18 as recorded in the office of the City Clerk Arkansas Department of Aeronautics: A resolution to authorize application for an Arkansas Department of Aeronautics 50/50 Grant in the amount of $43,730.00 for the replacement of the terminal boiler. Resolution 196-18 as recorded in the office of the City Clerk 2018 Justice Assistance Grant: A resolution to authorize acceptance of a 2018 Justice Assistance Grant for federal and state funding of the Fourth Judicial District Drug Task Force in the amount of $153,180.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. Resolution 197-18 as recorded in the office of the City Clerk Maple Street Cycle Track Design: A resolution to authorize a cost share with the University of Arkansas and the Walton Family Foundation for design services by McGoodwin, Williams & Yates, a Division of Olsson & Associates, Inc. for the Maple Street Cycle Track with the amount to be paid by the city not to exceed $103,500.00. Resolution 198-18 as recorded in the office of the City Clerk 81 Construction Group, Inc.: A resolution to approve a change order to the contract with 81 Construction Group, Inc. in the amount of $53,750.00 for the East Spyglass Hill Drive Drainage Improvements Project to expand the scope of services to include additional rock excavation and to add 45 days to the contract time due to delays caused by the unplanned rock excavation. Resolution 199-I8 as recorded in the office of the City Clerk Sales & Use Tax Capital Improvement Bonds: A resolution to approve a budget adjustment recognizing revenue generated from interest paid on funds for the Sales & Use Tax Capital Improvement Bonds Series 2013 Project in the amount of $37,286.91. Resolution 200-18 as recorded in the office of the City Clerk Letter of Agreement: A resolution to authorize the Mayor to sign a Letter of Agreement with Thrash Law Firm, Williams & Anderson PLC, The Finnell Firm, and Bird Law Group to file a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 9 of 19 claim on behalf of the City of Fayetteville for unpaid hotel/motel/restaurant taxes owed by online travel companies. Resolution 201-18 as recorded in the office of the City Clerk Boundary Line Agreement/Quitclaim Deed: A resolution to authorize the Mayor to sign a boundary line agreement and quitclaim deed to clarify the boundary line between property owned by Larry Henley, Jeremy Sharp, and Phillip Sparks near South Futrall Drive and Red Arrow Subdivision. Resolution 202-18 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gray, Marsh, Kinion, Petty, Tennant, and Bunch voting yes. Council Member La Tour abstained. Unfinished Business: None New Business: Ozark Kenworth, Inc.: An ordinance to waive competitive bidding and accept a repair quote of $22,176.02 from Ozark Kenworth, Inc. d/b/a MHC Kenworth/Volvo - Springdale to repair a sewer cleaner truck that was involved in an accident. City Attorney Kit Williams read the ordinance. Sara Glenn, Fleet Support Manger gave a brief description of the ordinance. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6088 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 September 18, 2018 Page 10 of 19 2018 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2018 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations, and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member La Tour: Did you say there's going to be a 2.3% increase in General Fund, but we are going to have the same taxes as last year? Paul Becker: Let me correct myself. The tax will be 2.3 mills for next year. No increase in property taxes. Council Member La Tour: So, we just reauthorize taxes? Paul Becker: Reauthorizing the taxes that we had last year. 2.3 mills are the same tax we had last year and same tax levy for every other fund that we had last year. Tom Brown, West Main Street stated more than half of the taxation is going to the library. He stated the numbers don't add up and the city is being misled. He stated serious money mistakes are being made. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gray 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 6089 as Recorded in the office of the City Clerk Reenact §177.04 (D)(4) and (5): An ordinance to reenact §177.04 (D)(4) and (5) concerning Perimeter Landscaping Requirement for Parking Lot Landscape Standards of the Unified Development Code. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 11 of 19 City Attorney Kit Williams read the ordinance. Melissa Evans, Urban Forester gave a brief description of the ordinance. Will Dockery, Urban Forestry Board spoke in favor of the ordinance. 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. 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 6090 as Recorded in the office of the City Clerk Amend §166.25 (D): An ordinance to amend §166.25(D) of the Unified Development Code to clarify the development requirement for adequate space and screening of recycling and trash containers in commercial, office, and mixed-use developments. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Sustainability Director gave a brief description of the ordinance. The Planning Commission voted 9-0 in favor. The Water, Sewer & Solid Waste Committee voted 4-0 in favor. Council Member La Tour: Is there anything in this ordinance that would require a penalty if I didn't adhere to the ordinance? Things like a money fine or jail term? Peter Nierengarten: No. This is a requirement that applies at the time of site development. When a project is going through Large Scale Development review, it allows us to make sure the proper size is dedicated and constructed on the site for the purposes of providing recycling containers. Whether those are used in the future, we have nothing in here requiring the use or penalizes anyone for not using those facilities. Council Member La Tour: It sounds like a commonsense approach. Thank you. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 12 of 19 City Attorney Kit Williams: You have to provide the space for it because that's what the code says. There is a general penalty provision in the code if you violate the Unified Development Code. It is a fine up to $500 in most cases. Council Member La Tour: Maybe there is a coercive element to it. City Attorney Kit Williams: If the Recycling and Trash Director determines you need to have this full amount of space and have it shielded and you say, I'm not going to do it, you would be in violation of the code. There could then be a penalty provision. Also, the project may not be able to be built because the project must comply with the code. Council Member Marsh spoke about the construction boom in the area and allocating space to serve at the Large -Scale process. Fran Alexander, Fox Hunter Road spoke in favor of the ordinance. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Tennant moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan thanked Peter Nierengarten and everyone involved. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6091 as Recorded in the office of the City Clerk Amend §50.20: An ordinance to amend §50.20 Service Requirements in Chapter 50: Recycling and Trash collection of the Fayetteville City Code to require residential garbage carts to be placed at the collection point by 5:00 a.m. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Sustainability Director gave a brief description of the ordinance. The Water, Sewer & Solid Waste Committee voted 4-0 in favor. Council Member Tennant: Is the normal work day taken up entirely by the collection of recycling and trash or is the first few hours gathering it and the next few hours taking it to the facility? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 13 of 19 Peter Nierengarten: In summer time, they start at 5 a.m. They spend the first 15 minutes doing a pre -check on the vehicle. They are showing up to houses by 5:30 a.m. They spend the next six to seven hours collecting recyclables at the curb. The last hour of the day is bringing the materials back to the facility to sort and cleaning of the vehicle. Council Member Tennant: They would beat the 2 pm heat of the day if they could start earlier? Peter Nierengarten: Yes. The goal is to be done by noon with the collection in the field. Council Member Marsh spoke about the challenges of the curb and sort system. She stated she wants to help reduce the burden on the workers. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member 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 6092 as Recorded in the office of the City Clerk RZN 18-6311 (1910 N. Old Wire Rd./Sequoyah United Methodist Church): An ordinance to rezone that property described in rezoning petition RZN 18-6311 for approximately 7.64 acres located at 1910 North Old Wire Road from RSF-4, Residential Single Family, 4 units per acre to P-1, Institutional. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. Brad Hammond, McGoodwin, Williams & Yates, a Division of Olsson Associates stated he is a member of the Board of Trustees for the church. He requested support from the City Council. 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. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 14 of 19 City Attorney Kit Williams read the ordinance. Council Member Tennant: Given where this church is located and improvements happening along Old Wire, the walkability and connectivity is getting much better. This is a very nice addition to the community. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6093 as Recorded in the office of the City Clerk RZN 18-6313 (SE of Gregg Ave. & Ash St./Alpha Farms, LLC): An ordinance to rezone that property described in rezoning petition RZN 18-6313 for approximately 0.84 acres located at Southeast of North Gregg Avenue and West Ash Street from RSF-4, Residential Single Family, 4 units per acre to RMF -24, Residential Multi Family, 24 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6094 as Recorded in the office of the City Clerk RZN 18-6317 (West of Markham Rd./Markham Hill): An ordinance to rezone that property described in rezoning petition RZN 18-6317 for approximately 119.43 acres located west of Markham Road from RSF-4, Residential Single Family, 4 units per acre and CPZD, Commercial Planning Zoning District to rezone approximately 75.42 acres to RI -U, Residential Intermediate - Urban and approximately 44.01 acres to R -A, Residential Agricultural, subject to a Bill of Assurance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 18, 2018 Page 15 of 19 City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He spoke about Markham Hill as it is today, existing and requested zoning, and 2030 City Plan Policy context. He stated the Planning Commission, staff, and Environmental Action Committee recommend approval. He stated the Historic District Commission does not make a recommendation, but articulated the historic resources. He stated the Urban Forestry Advisory Board did not make a recommendation. Seth Mims, Applicant spoke about the Bill of Assurance for the 119 acres. He spoke about putting 44 acres on the western slope into either a conservation easement, fee simple gift to a local land trust or a local municipality. He stated the idea is to permanently protect it forever as a conservation deed restricted area. He stated he will not exceed the density of the surrounding underlying zoning. He stated he's voluntarily instituted a density cap of four units to the acre, which is a maximum of 476 dwelling units. He stated 50% of the 119 acres will remain as permanent open space. He spoke about creating a conservation development by saving habitat and tree canopy by forcing the homes on smaller lots, with smaller footprints, which disturbs less habitat. He stated the cost of a house in Washington County over the last five years had risen by 35%. He spoke about providing housing options in a variety of housing types in walkable locations. He stated he hopes this project can be an example to others about a better approach of addressing housing needs. This item was left on the First Reading. C-PZD 18-6318 (2231 W. Markham Rd./Pratt Place Inn & Barn): An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 18-6318 for property located at 2231 West Markham Road reducing the existing 68.99 -acre Commercial Planned Zoning District to 24.06 acres while retaining the existing uses, and adding up to 5,000 square feet of event space, 12,000 square feet of restaurant or commercial space, 80 hotel rooms, and 43 dwelling units. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval with the conditions that City Attorney Kit Williams read. City Attorney Kit Williams: You have supplied the city with a Bill of Assurance that's changed from the first one you had. Do you want to present that to the City Clerk so it can be included in the agenda packet for the next meeting? Seth Mims, Applicant: Yes, thank you. Sondra, I would like to hand you the original notarized and signed copy of the revised Bill of Assurance. City Attorney Kit Williams: Council, this will take the place of the first one. It will only be this one that was signed today. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 18, 2018 Page 16 of 19 Seth Mims gave a brief description about the C-PZD proposal. He stated the revised Bill of Assurance had a couple of changes. He stated he further defined that the R -A designated area would be preserved as a conservation area. He stated it would be either through a conservation easement, a fee simple donation to a land trust or the City of Fayetteville. He stated it could be used for parkland, future road or emergency access or utility connections if requested by the City of Fayetteville. He stated it could be used for tree preservation, public walking, biking, and other amenities would be allowed on the conservation area. City Attorney Kit Williams: Did you provide us with the revised Planning Area 1 Zoning Criteria that you want to substitute for the previous one that you supplied? Seth Mims: Yes, that's right. We made a couple of changes in response to the neighbor's comments about tightening up the language regarding events. The large events we've asked for will not occur outside of the hours of 10:00 a.m. and 10:30 p.m. Council Member La Tour: Item 4 in your revised Bill of Assurance states in addition to the above conditions, the Petitioner agrees that a minimum of 50% of the total 119.43 acres will remain passive and active open space. So, take 50% of 119.43 and add to that the numbers of acres you're putting in a permanent conservation easement? Seth Mims: Not quite. We'll take the 119.43 and cut it in half for 50%. That represents the minimum amount of permanent open space. From that minimum amount of 59.60 acres, you can subtract the 44 acres in the R -A and there will be another 16 in the RI -U. Council Member Smith: How big is the meadow space in acres? Seth Mims: About 5. Council Member Smith: You've got another 15 or 16 acres in the RI -U zone that would be preserved. I'm assuming that's a portion of that? Seth Mims: Yes. Council Member Smith: On item 5 of the Bill of Assurance it talks about the meadow being used for parking occasionally. How often is occasionally and is it tied to events at the Barn? Seth Mims: Yes. It would be an event at the Barn that would be large enough to require overflow parking. It doesn't happen very often. Council Member Smith: Is parking a normally allowed use unit in RI -U? There was a brief discussion about parking. Council Member Smith: The use of the meadow as parking would have to come up for some other form of consideration? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 17 of 19 Garner Stoll: I think, but I'll make sure that is correct. City Attorney Kit Williams: Normally, if it's on a different lot, you have to get a conditional use. If RI -U doesn't allow for that kind of parking, then that might be something you need to look at and decide whether the meadow needs to remain in your RI -U or go into the PZD which could allow that parking. Seth Mims: I will get with staff attorney and staff planning to make sure we are on the same page. Mayor Jordan gave the rules for public speaking. Lisa Orton, 1663 West Halsell spoke in opposition of the ordinance. Council Member Marsh: Currently, the whole side of that mountain is able to be developed by right at RSF-4. Is that correct? Garner Stoll: Only the portion that is out of the Planned Zoning District. Council Member Marsh: Right now, as it stands they can go in and put in four units per acre. Single family development is exempt from our drainage ordinances, tree protection ordinances, and other protective ordinances. Is that correct? Garner Stoll: That is correct. This is in the Hillside/Hilltop Overlay District. Council Member Marsh: That gives us a little bit more leverage. Right now, by right, they have the ability to develop four units per acre all along that steep hillside. In this proposal, they are saying they are going to not touch that and they would have to have more development protections. Edward Hejtmanek, 1622 Markham Road spoke in opposition of the ordinance. Rick Jones, 741 North Lewis Avenue spoke in opposition of the ordinance. Ethel Simpson, 409 North Oliver spoke in opposition of the ordinance. Abel Tomlinson, Citizen spoke in opposition of the ordinance. Patty Williams, 547 North Gray spoke in opposition of the ordinance. Council Member Marsh: This is not a preserve. This is private property that is yet to be developed. They have the right to develop the entire hillside in residential homes. The proposal would be to change that. Haley Dewa, 170 South Hill Avenue spoke in favor of the ordinance. Brian Noland, 1652 West Markham Road spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 18 of 19 Fran Alexander, Fox Hunter Road spoke in opposition of the ordinance. Marquette Bruce, Citizen spoke in opposition of the ordinance. Grant Guinn, 1844 West Halsell stated his concerns about the commercial zoning. Timothy Ragland, 127 University stated by not putting a cap on any sort of development in the area it is a slippery slope. Robert Koser,1777 West Halsell spoke about the ordinance being a proposal. He stated he wanted to send it back to the Planning Commission and get a real plan. Anita Hejtmanek, 1622 Markham Road spoke about traffic concerns and is in opposition of the ordinance. Tom Brown, West Main Street spoke in opposition of the ordinance. Jo Guinn, 1704 West Halsell Road spoke in opposition of the ordinance. Chad Harcourt, Citizen stated he likes the proposal for the conservation area. He spoke in favor of the ordinance. Ann Noland, 1652 West Markham Road spoke in opposition of the ordinance. Joe Paul, 668 Gray Street spoke in opposition of the ordinance. Mike Wiederkehr, 445 North Mock Avenue stated he wasn't going to speak for or against the ordinance. He spoke about the dilemma the City Council has as they determine to vote yes or no. Rob Karas, 1666 Halsell Road spoke in opposition of the ordinance. Sonia Gutierrez, 127 East Conner Street spoke in opposition of the ordinance. Michael Haggerty, 1948 Archer Drive spoke in opposition of the ordinance. This item was left on the First Reading. Announcements Susan Norton, Communications Director gave a brief description of upcoming events. Information can be viewed on the City of Fayetteville website. Council Member Marsh: The Walker Park and South Fayetteville neighborhoods will be having a block party and talk with Mayor Jordan at 5:30 p.m. on September 19, 2018. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 18, 2018 Page 19 of 19 City Council Aeenda Session _Presentations: Agenda Session Presentation -2018 Property Tax Levy and 2019 General Fund Budget Discussion, Paul Becker. City Council Tour: None Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Chair Mark Kinion Council Member Ward 2 Position 1 Sarah Marsh Council Member Ward 1 Position 2 Nominating Committee Report September 12, 2018 Members Present — Chair Mark Kinion, Sarah Marsh, Sarah Bunch, and Kyle Smith Sarah Bunch Council Member Ward 3 Position 2 Kyle Smith Council Member Ward 4 Position 2 The Nominating Committee Necommends the following candidates for appointment: AIRPORT BOARD Vacant — One Aeronautical unexpired term ending 12/31/20 ANIMAL SERVICES ADVISORY BOARD Vacant — One Licensed Veterinarian/Veterinary Professional unexpired term ending 06/30/19 ENVIRONMENTAL ACTION COMMITTEE Mike Wiederkehr — One Community Citizen at Large term ending 12/31/21 FAYETTEVILLE ARTS COUNCIL Vacant — One Working Artist unexpired term ending 06/30/21 TOWN AND GOWN ADVISORY COMMITTEE Marsha Scott — One Community Citizen at Large from either Ward 1, 2 or 4 term ending 09/30/20 **No one was appointed to the Town and Gown Advisory Board at the September 18, 2018 City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Chair Mark Kinion Council Member Ward 2 Position 1 Sarah Marsh Council Member Ward 1 Position 2 Nominating Committee Report September 12, 2018 Members Present — Chair Mark Kinion, Sarah Marsh, Sarah Bunch, and Kyle Smith Sarah Bunch Council Member Ward 3 Position 2 Kyle Smith Council Member Ward 4 Position 2 The Housing Authority Board Commissioners recommend the following candidates for appointment: HOUSING AUTHORITY BOARD OF COMMISSIONERS Kristen Bensinger — One unexpired term ending 12/28/20 Evelyn Rios Stafford — One unexpired term ending 12/28/22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov