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HomeMy WebLinkAbout2018-11-08 - 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 November 8, 2018 City Council Meeting Minutes November 8, 2018 Page 1 of 17 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 November 8, 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 Sarah Marsh, Mark Kinion, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Council Member Justin Tennant arrived at 5:33 p.m. Absent: Council Members Matthew Petty and Adella Gray Pledge of Allegiance Mayor's Announcements. Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Montlal , Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Natural Heritage Association Presentation Don Marr, Chief of Staff gave a brief Natural Heritage Association Presentation. He presented a - check to the city. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 2 of 17 Jennifer Ogle, Chair of the Fayetteville Natural Heritage Association spoke about fulfilling the pledge they made to the city. She expressed her appreciation for the partnership with the City of Fayetteville. Mayor Jordan thanked the Natural Heritage Association for their partnership. He stated his appreciation for the support from the City Council. He stated everyone involved helped to preserve about 860 acres of urban forest and green space in four years. Agenda Additions: None Consent: Approval of the October 16, 2018 City Council meeting minutes. Approved Random Productions, LLC: A resolution to approve a budget adjustment in the amount of $50,645.00 to establish revenue and expense budgets associated with security and traffic control provided during the filming of True Detective. Resolution 218-18 as recorded in the office of the City Clerk 2018 Justice Assistance Grant Local Solicitation Award: A resolution authorize acceptance of a 2018 Justice Assistance Grant Local Solicitation Award in the amount of $78,667.00, of which $35,858.00 will be used by the Fayetteville Police Department, with $28,398.00 to be disbursed to the City of Springdale and $14,411.00 to Washington County, and to approve a budget adjustment. Resolution 219-18 as recorded in the office of the City Clerk 2018 Bulletproof Vest Partnership Program: A resolution to authorize acceptance of a fifty percent (50%) Matching grant award from the 2018 Bulletproof Vest Partnership Program in the amount of $10,400.00 for the replacement of body Armor vests for Fayetteville police officers, and to approve a Budget adjustment. Resolution 220-18 as recorded in the office of the City Clerk Fayetteville Police Department Donation Revenue: A resolution to approve a budget adjustment in the total amount of $4,065.00 recognizing donation revenue to the Fayetteville Police Department in support of officer recognition. Resolution 221-18 as recorded in the office of the City Clerk PropertyRoom.com Online Auction Services: A resolution to authorize a contract with PropertyRoom.com for online auction services for seized, stolen and abandoned surplus property 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 3 of 17 for a term of one year with automatic renewals for additional one-year terms pursuant to a Sourcewell cooperative purchasing contract. Resolution 222-18 as recorded in the office of the City Clerk T -Mobile Central, LLC: A resolution to approve a five-year lease agreement with T -Mobile Central LLC for water tank and land space at the Markham Water Tank Site in the amount of $2,000.00 per month, with automatic renewals for up to four additional five year terms. Resolution 223-18 as recorded in the office of the City Clerk Bid #18-34 The Goodyear Tire and Rubber Company: A resolution to award Bid #18-34 and authorize a one-year contract with the Goodyear Tire and Rubber Company for the purchase of recap tires and casings as needed by the Fleet Operations Division for varying unit prices, with automatic renewals for up to four additional one-year terms. Resolution 224-18 as recorded in the office of the City Clerk H&E Equipment Services, Inc.: A resolution to authorize the purchase of a Vogele Paver from H&E Equipment Services, Inc. in the amount of $412,988.56, pursuant to the Sourcewell cooperative purchasing contract, for use by the Transportation Services Department Resolution 225-18 as recorded in the office of the City Clerk Destruction of Certain Records: A resolution to authorize the destruction of certain records shown on the attached affidavit pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records. Resolution 226-18 as recorded in the office of the City Clerk Fay Jones Woodland - Contracted Invasive Plant Removal: A resolution to accept a quote from Comprehensive Botanical Services in the amount of $7,260.00 (which includes tax) for complete removal of invasive plants from about three acres of the Fay Jones Woodland. Resolution 227-18 as recorded in the office of the City Clerk RFP# 18-13 MVP Sports Photography: A resolution to approve a one-year contract with up to four Possible automatic renewals with MVP Sports Photography for exclusive photography services for the Girls Youth Softball, Youth Fall and Spring Soccer programs and other events requested by the Parks and Recreation staff and to authorize Mayor Jordan to sign this contract. Resolution 228-18 as recorded in the office of the City Clerk Council Member Kinion moved to accept the Consent Agenda as read. Council Member Tennant seconded the motion. Upon roll call the motion passed 6-0. Council Members 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 4 of 17 Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Unfinished Business: R-PZD 18-6252 (North of N. Old Missouri Rd. & E. Zion Rd./Sagely Place S/D): An ordinance to approve a residential Planned Zoning District entitled R-PZD 18-6252 for approximately 22.13 acres located north of the intersection of North Old Missouri Road and East Zion Road to allow the development of 111 attached and detached dwelling units and a future clubhouse with a pool. At the October 16, 2018 City Council meeting this ordinance was left on the first reading. Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission recommended conditions. He spoke about condition number five that pertains to topography. He stated staff recommends approving the item without condition number five. Council Member Marsh moved to amend by removing condition number 5 and renumber accordingly. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Blake Murray, Engineering Services stated they revised all their plans to meet all the conditions. Council Member Tennant: I haven't had any negative feedback in Ward 3. Council Member Bunch: I got one call about it, but it wasn't someone who bordered the property. Council Member Marsh 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 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 5 of 17 Ordinance 6102 as Recorded in the office of the City Clerk RZN 18-6319 (2234 E. Zion Rd./Sagely Place): An ordinance to rezone that property described in rezoning petition RZN 18-6319 for approximately 2.53 acres located at 2234 East Zion Road from R -A, Residential Agricultural to NS -G, Neighborhood Services — General. At the October 16, 2018 City Council meeting this ordinance was left on the second reading. Council Member Smith 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 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6103 as Recorded in the office of the City Clerk RZN 18-6341 (1248 S. Washington Ave./Sugarland Properties): An ordinance to rezone that property described in rezoning petition RZN 18-6341 for approximately 0.24 acres located at 1248 South Washington Avenue from NC, Neighborhood Conservation to RI -U, Residential Intermediate — Urban. At the October 16, 2018 City Council meeting this ordinance was left on the first reading. Garner Stoll, Development Services Director: We received an email from the applicant requesting the item to be tabled to the November 20, 2018 City Council meeting. Council Member Marsh: Council Member Gray wants us to hold this item as well since she can't _ attend this evening. Council Member La Tour moved to table the ordinance to the November 20, 2018 City Council meeting. Council Member Marsh seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. This ordinance was tabled to the November 20, 2018 City Council meeting. Public Hearing. Raze and Removal 16 N. Willow Avenue: A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Tommie Jo Flowers -Davis and George E. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 6 of 17 Flowers located at 16 North Willow Avenue in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $18,741.00. Mayor Jordan opened the Public Hearing. David Carver, Code Compliance Administrator: This structure was built in 1940. The owner, Mrs. Flowers passed away earlier this year and the structure has remained vacant since that time. The property is showing obvious signs of deterioration and would constitute a cost prohibitive repair to bring it into compliance with city and building codes. The recommendation for raze and removal was reviewed by myself and our chief building official. The photos illustrate the condition of the structure that led to our recommendation for the raze and removal. It has a sagging roofline, failing foundation, unfinished and exposed weather proofing, and substandard foundation construction. On the left side, there is a failing exterior and supporting wall. There are substandard framing joints. The deck isn't up to code. On the front of the property there are some safety concerns for pedestrians and neighboring properties. Code Compliance has received about 15 requests for service regarding the structure. Recently police have received an additional call regarding trespassing and squatting taking place on the property. Mrs. Flowers deeded the property to her children before her passing. Tommie Flowers -Davis, Property Owner stated she is prepared to go forward to have the house razed and removed and will eventually develop the property. She stated she agrees and is requesting assistance. City Attorney Kit Williams: You agree with the city going forward with a raze and removal? You know it will have a lien on the property for the cost we have to pay someone to come and do that? Tommie Flowers -Davis: Yes, I'm aware of the lien. It has to be done. This is the way we can get that done and move forward with developing the property. Mayor Jordan closed the Public Hearing. Council Member Marsh moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Resolution 229-18 as recorded in the office of the City Clerk New Business: Bid #18-43 Benchmark Construction of NWA, Inc.: A resolution to award Bid 418-43 and authorize a contract with Benchmark Construction of NWA, Inc. for construction of the Taxiway B Widening and Rehabilitation Project, to approve Change Order No. 1 to the contract with Benchmark Construction of NWA, Inc. to reflect the removal of the deductive alternative from the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 7 of 17 contract and reduce the total contract cost to $1,694,292.00, to authorize Task Order No. 11 with Garver, LLC in the amount of $147,500.00 for construction administration, construction observation, materials testing, and closeout services, and to approve a budget adjustment recognizing Federal Aviation Administration 90/10 Grant funds. Terry Gulley, Transportation Services Director gave a brief description of the resolution. City Attorney Kit Williams stated his appreciation to staff for securing a large project to be fully funded by the federal government and later the state government at a very small cost to us. Council Member Kinion moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Resolution 230-18 as recorded in the office of the City Clerk RPH, LLC Cost Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with RPH, LLC for street and drainage improvements along a portion of South Cross Avenue, with the amount to be paid by the City of Fayetteville not to exceed $33,280.00. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a brief description of the ordinance. Mayor Jordan: Did this go through the Transportation Committee? Chris Brown: No. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were 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 Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 8 of 17 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6104 as Recorded in the office of the City Clerk RZN 18-6348 (2454 N. Deane Solomon Rd./Williams Tractor): An ordinance to rezone that property described in rezoning petition RZN 18-6348 for approximately 1.36 acres located North of 2454 North Deane Solomon Road from RMF -24, Residential Multifamily, 24 units per acre and C-2, Thoroughfare Commercial to C-2, Thoroughfare Commercial. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He spoke about drainage improvements. Planning Commission and staff recommend approval. Mason Shillings, Williams Tractor stated he had started working on the drainage improvements and with weather permitting should have it done within three weeks. Council Member Marsh: There is a little spur on page 2. I am assuming that's a utility easement. Are we going to have a little island of that in there? Garner Stoll: I'm hoping it is a mapping error, but we will work it out. Council Member Smith: I don't have any objections to the zoning. I prefer we wait until after we hear their results of drainage issues before we go forward. I want to hold it. Council Member Marsh: I would like to get the mapping taken care of too. Garner Stoll: Yes, we will. This item was left on the First Reading. RZN 18-6360 (1849 S. Garland Ave./Fayetteville Rentals): An ordinance to rezone that property described in rezoning petition RZN 18-6360 for approximately 4.03 acres located at 1849 South Garland Avenue from I-1, Heavy Commercial & Light Industrial to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. Planning Commission and staff recommend approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 9 of 17 Council Member Marsh: I have not received any public comment regarding this parcel. I think it's a great opportunity to revitalize some under-utilized urban land. This corridor would benefit from the new sidewalks that would come with redevelopment of the parcel. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were 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 Tennant seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: It is going to be a huge improvement in the area. It has been needed for a long time. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6105 as Recorded in the office of the City Clerk RZN 18-6365 (1510 N. Gregg Ave./Ballard): An ordinance to rezone that property described in rezoning petition RZN 18-6365 for approximately 0.45 acres located at 1510 North Gregg Avenue from RSF-4, Residential Single Family, 4 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. Planning Commission and staff recommend approval. Council Member Kinion: I have not had anyone talk about this specifically. 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 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 10 of 17 Council Member Marsh 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 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6106 as Recorded in the office of the City Clerk RZN 18-6374: (207 W. Lafayette St./Hatfield): An ordinance to rezone that property described in rezoning petition RZN 18-6374 for approximately 0.14 acres located at 207 West Lafayette Street from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban subject to a Bill of Assurance. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated a Bill of Assurance was offered. He stated staff recommends approval subject to the Bill of Assurance. He stated the Planning Commission recommended approval of the request without a Bill of Assurance. Council Member Smith: Given the lot dimensions, what can they do in RI -U with a limit of two houses that they couldn't already do in NC zoning? Garner Stoll: Under the NC zoning, they have the minimum of frontage for two homes, but they don't have the minimum lot area. It would take 8,000 feet and they have about 6,200 feet. Dale Carlton, Carlton Realty stated he is representing the sale of the property. He spoke about the construction of building two single family homes. A discussion followed about building materials. Council Member Kinion: I got calls on this. There was concern that it might be a structure we wanted to save. I went and looked at it and the foundation is incredibly shifted. I believe it is appropriate to have two single family homes here. What is the height that will be built? Garner Stoll: It is three stories in the current and proposed zoning. Council Member Kinion: The citizens asking the questions are not here tonight. It is a good indication that the questions were answered and resolved. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 11 of 17 Council Member Marsh moved to suspend the rules and go to the second reading. Council _ Member La Tour seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Council Meanber Marsh moved to suspend the rules and go to the third and final reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6107 as Recorded in the office of the City Clerk R-PZD 18-6368: (South of Hollywood Ave./Cottages at Hollywood): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 18-6368 for approximatcl.y 10.81 acres located south of Hollywood Avenue to allow the development of 7 housing units with up to 5 . unrelated tenants. 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. Blake Jorgensen, Jorgensen & Associates stated he was available for questions. Council Member Kinion: I was contacted about this because of the change in the occupancy. The fortunate thing about this since it's a PZD is that we had the elevations. I referred the individuals to look at the elevations. I encouraged them to look at the surrounding neighborhood. Their concern was if we start making occupancy changes, one thing is going to lead to another. I think that's an invalid argument because everything has to stand on its own merits. I asked them to look at the information and call me back. I never received any further information. Council Member La Tour: Five people living in a house doesn't mean they will be bad neighbors. I understand concerns about noise levels, coming and going. We have ordinances to deal with it. I encourage neighbors to reach out to students and generally they will be great neighbors.- City eighbors:Cray Attorney Kit Williams: You have to have your own special Planned Zoning District with marry kinds of standards before you can have a building that has five unrelated people living in it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 12 of 17 You can't just change a house or a current apartment to do that. This is not something that would be much danger anywhere else. It's looked at very specifically by Planning Department as well as City Council before it could be approved. Mayor Jordan: I haven't received anything on this one. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were 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 Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Council Member Kinion: We talk a lot about affordable housing. You may call this a student stealth housing, but there might be five individuals that aren't students and it would be more affordable for them to have a cottage and split rent five ways. This should be considered when we are talking about affordable housing. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6108 as Recorded in the office of the City Clerk Buffington Weir, LLC Cost Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Buffington Weir, LLC for Buffington Weir, LLC's contractor to construct the fully landscaped boulevard section of Rupple Road and accompanying multi -use trail all the way through their property upon freely dedicated right of way with the estimated amount to be paid by the City of Fayetteville not to exceed $2,295,267.72 upon the annexation, rezoning and development approval of Buffington Weir, LLC's property pursuant to the Fayetteville Planning Department's recommendations detailed in the agreement and to authorize Mayor Jordan to sign the agreement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the Buffington Weir, LLC Cost Share Agreement and ANX 17-5990 (North of Rupple Rd./McFarland Family Trust) Appeal. He stated staff recommends approval of both items. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 8, 2018 Page 13 of 17 Robert Rhoads, Hall Estill Law Firm Representing the Owner spoke well of Buffington and City of Fayetteville working together. He stated he is available for questions. Council Member La Tour congratulated the developer and Mayor Jordan for coming up with a win-win situation. He stated he's a strong proponent of no transaction in business taking place unless both parties benefit. He stated a couple million dollars is being saved in construction costs of Rupple Road. He stated they are expanding the Mayor's box, particularly in Ward 4 to give residents another option during drive times. He is in support of the ordinances. Council Member Kinion stated the savings of two million dollars and right-of-way are good things. He requested Mr. Rhoads to speak more about the project. Robert Rhoads gave a brief presentation about the proposed project. Council Member Smith stated he has received public comment in favor of the ordinance. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were 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 La Tour seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6109 as Recorded in the office of the City Clerk ANX 17-5990 (North of Rupple Rd./McFarland Family Trust) Appeal: An ordinance to approve the annexation petition of the McFarland Family Trust and annex 68.65 acres adjoining and west of the proposed northern expansion of Rupple Road. City Attorney Kit Williams read the ordinance. Council Member Kinion: If you look at the 20 -year water plan we approved earlier this year, the capacity to look at the development of this area is well documented in that plan. It wasn't necessarily for annexation purposes, but we knew it would be developed. It was not overlooked 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 14 of 17 because there are neighborhoods all the way around it. This is going to allow us to continue with our looping as we want to protect water pressure. Council Member La Tour: I'm glad to know we have the capacity to service this area as an annexation to our city. One of our core values in this city is affordable housing. All housing is affordable to somebody, but what we mean by affordable housing, is less expensive housing. Bringing in more land will help mitigate the high cost of our land now. This will help give people the ability to build less expensive housing. When we use up our land through our infill development preferences, as land gets scarcer, land gets more expensive. I'm in favor of this. Council Member Smith: I want to caution us against the temptation to soak up extra land so we can build on it immediately because it's cheaper. However, this will be a substantial step to cleaning up some rough boundaries out that direction. I don't look at this as sprawl. When we made the commitment to invest millions in Rupple Road, we took on an obligation to leverage the investment to generate some value. I'm in favor of this. Council Member Kinion: This is in line with the bond issue. We are going to have to look at adding a fire station in this area. Our response time will be important as we move forward in developing this because of our ratings, to be able to get our insurance, and it's the responsible thing to do. David Dayringer, Fire Chief. We have looked at the different station locations and we are including this area of the city. We've got a detailed map that is backed by all the data we can gather. We are reviewing the best places to put the fire station. Once the intersection on Mount Comfort is straightened out and the additional road, it will improve our response time by a lot more than a minute. City Attorney Kit Williams: A minute in fighting fires or responding to a heart attack is much more than what most of us think a minute would be just driving around. David Dayringer: A fire expands nine times every minute. Every minute we can shave off the response times is going to be that much less damage to the property and better chance of survival. A minute is a substantial positive impact on the service we can provide. Mayor Jordan: What will be the average response times in that area? David Dayringer: I think with the improvements, we will get the drive time down to four minutes. It will be within our six -minute goal. Our goal is six minutes or less response time, 90% of the time. There are areas of the city we can't get to in that period of time. This area will be vastly improved. Mayor Jordan: If it goes longer than a four -minute time frame, you go from the offense to the defense in fires. David Dayringer: That is right. We have less time to arrive on the scene prior to a flashover. Once the flashover happens, then the amount of property we save declines rapidly. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 8, 2018 Page 15 of 17 Council Member Marsh: I have a high bar for approving annexations. I think we need to use the land we have as efficiently as we can before we start annexing land. I'm going to support this because it helps us compete the Mayor's box with the Rupple Road extension, which is important. The trail corridor we are building through there will provide an important link to that neighborhood. This will make transit more possible to serve this area of the city in the future. I appreciate the proposed Neighborhood Services General. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were 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 La Tour seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Don Marr, Chief of Staff stated he knows the high bar many of the Council Members have when talking about annexations. He stated he knows the high bar that staff sets in meeting service requirements and response levels. He stated he is proud of the City Attorney, Planning Director, Development Services Director, owner, and their representative for this discussion. He spoke about the city's participation in the Bloomberg Study. He spoke about other cities annexing land for future control of the land because land is limited. He stated the proposed development is going to save taxpayers 2 to 2.5 million dollars. He spoke about square miles in the city and how it relates to sprawl. He stated this all started with direction and leadership from Mayor Jordan. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6110 as Recorded in the office of the City Clerk RZN 17-5991 (North of N. Rupple Rd./McFarland Family Trust): An ordinance to rezone that property described in rezoning petition RZN 17-5991 for approximately 68.65 acres located west of North Rupple Road from R -A, Residential Agricultural to RSF-4, Residential Single Family, 4 units per acre; NC, Neighborhood Conservation; and NS -G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. Council Member Smith: I'm not sure I would have supported the annexation if I didn't like the zoning. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 8, 2018 Page 16 of 17 Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Council Member Marsh: I'm going to support this because of all the work that's gone into it. As we look forward along the development of our Rupple Road corridor, I'd like to see higher density in the parcels that directly front the corridor. A great place to be putting higher density development would be on that new road. Mayor Jordan: I agree. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan spoke about a leadership class he attended with students where they discussed an arterial loop to create connection. He stated this is a game changer for the area and the City of Fayetteville because it promotes alternative transportation. He stated Buffington Homes was great to work with. He thanked city staff for their work. He spoke about the Fire Department response time. He thanked the City Council for their vision. He stated it is all about partnerships. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Kinion, Tennant, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Petty and Gray were absent. Ordinance 6111 as Recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff reminded citizens to winterize and protect pipes and irrigation systems with the freezing temperatures. He spoke about the VeoRide program. He gave a brief description of upcoming events. Information can be viewed on the City of Fayetteville website. Council Member Kinion reminded citizens that applications are being accepted for the Boards and Committees. Council Member Bunch spoke about the protected bike lane installation occurring on Rolling Hills Drive. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes - November 8, 2018 Page 17 of 17 Council Member Marsh stated Energize Southside is donating 10 bike racks to businesses on South School Avenue corridor and are looking for locations to install them at no cost. ON Council Agenda Session Presentations: None City Council Tour: None A"ent:.m. r Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov