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HomeMy WebLinkAbout2018-11-20 - 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 20, 2018 City Council Meeting Minutes November 20, 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 20, 2018 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Council Member Sarah Bunch arrived at 5:40 p.m. Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: None City Council Meeting Presentations Reports, and Discussion Items: None Agenda Additions: Appointment to the Toivn and Gown Committee Council Member Kinion: We need to add a Nominating Committee report so we can complete the slate. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 2 of 17 Council Member Kinion moved to add the Nominating Committee Report to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Tennant, La Tour, Smith, Gray, Marsh, and Kinion voting yes. Council Member Bunch was absent during the vote. Council Member Kinion: The Nominating Committee met and we discussed the Town and Gown Committee. It was decided to move forward with the nomination of Marsha Scott for the Town and Gown Committee that has an open vacancy. Council Member Marsh: I'm uncomfortable with Marsha Scott's appointment to this committee. She directly contracts with the university. I'm afraid we are giving too much power to the university. Both of our At Large representatives on the committee are employed by the university or direct contractors to the university. Council Member La Tour: I would like for someone to tell us why she should be on the committee. Council Member Kinion: She has a contractual agreement of some sort with the university, but she's not a full-time university employee. She had a very good and well-informed interview with the committee. Her personal and professional experience are well respected and has good leadership qualities. She's moved to Fayetteville and embraced it as her home. It makes it valid she's an At Large member looking out for the At Large position in the City of Fayetteville. A discussion followed about Marsha Scott's educational background and the length of time she has lived in Fayetteville. Council Member Gray: I'm an acquaintance of Marsha. I am very impressed with her knowledge. She's perfect for Town and Gown because of her perspective. She has a long devotion to the City of Fayetteville and University of Arkansas. She has good leadership skills. Don Marr, Chief of Staff stated he is the Co-chair of the Town and Gown Committee. He stated it's been his experience that Ms. Daniels, At Large member, who is an employee at the U of A has sided differently than the university numerous times. He believes all members have tried to weigh listening to the two sides and haven't been affected by who they might be most closely associated with. Council Member Marsh: I want to note that three members in good standing reapplied. We are passing them over in favor of a new individual. Council Member Kinion: Yes, but we have a restructure of this committee. With the restructure of the committee, this is valid and fair. Council Member Kinion moved to approve the Appointment of Marsh Scott to the Town and Gown Committee. Council Member Tennant seconded the motion. Upon roll call the motion passed 6-1. Council Members Petty, Tennant, La Tour, Smith, Gray, and Kinion 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 20, 2018 Page 3 of 17 voting yes. Council Member Marsh voting no. Council Member Bunch was absent during the vote. Consent: Approval of the November 8, 2018 City Council meeting minutes. Approved Aracrebs II, LLC d/b/a Elite Building Solutions: A resolution to approve the quote by Aracrebs II, LLC d/b/a Elite Building Solutions in the amount of $82,260.00, pursuant to Resolution No. 164-16, for replacement of the Drake Field Terminal boiler, to authorize the Facilities Management Division to construct improvements for the project at a cost of $5,200.00, to approve a project contingency in the amount of $8,746.00, to authorize acceptance of an Arkansas Department of Aeronautics 50/50 matching grant in the amount of $43,730.00, and to approve a budget adjustment. Resolution 231-18 as recorded in the office of the City Clerk Jet Fuel Budget Adjustment: A resolution to approve a budget adjustment in the amount of $189,000.00 to appropriate additional funding for the purchase of jet fuel through the end of 2018. Resolution 232-18 as recorded in the office of the City Clerk Water Usage Budget Adjustment: A resolution to approve a budget adjustment in the amount of $1,120,000.00 in the purchased water account due to increased water usage. Resolution 233-18 as recorded in the office of the City Clerk Federal and State Law Enforcement Forfeitures and Reimbursement Payments: A resolution to approve a budget adjustment in the total amount of $64,924.00 recognizing revenue associated with federal and state law enforcement forfeitures and reimbursement payments from the United States Department of Homeland Security. Resolution 234-18 as recorded in the office of the City Clerk Community Access Television, Inc. d/b/a Your Media: A resolution to approve a renewal of the contract with Community Access Television, Inc. d/b/a Your Media in the amount of $165,779.00 for the provision of public access television services and the operation of the public access television channel through 2019, contingent on approval of the 2019 Annual City Budget and Work Program. Resolution 235-18 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 November 20, 2018 Page 4 of 17 Community Resources Donations: A resolution to approve a budget adjustment in the total amount of $941.00 representing donations to Ranger's Pantry and Community Development Block Grant Program income received from the Walton Family Foundation for a travel and training reimbursement. Resolution 236-18 as recorded in the office of the City Clerk RFQ 18-14 Kutak Rock, LLP: A resolution to approve a contract with Kutak Rock, LLP pursuant to RFQ 18-14 for bond counsel services as needed through December 31, 2023. Resolution 237-18 as recorded in the office of the City Clerk RFQ 18-15 Stephens, Inc.: A resolution to approve a contract with Stephens, Inc. pursuant to RFQ 18-15 for bond underwriting and related services as needed through December 31, 2023. Resolution 238-18 as recorded in the office of the City Clerk Council Member Tennant moved to accept the Consent Agenda as read. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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. At the November 8, 2018 City Council meeting this ordinance was tabled to the November 20, 2018 City Council meeting. City Attorney Kit Williams read the ordinance. Jonathan Curth, Senior Planner stated he did not have any new information to add. He spoke briefly about a diagram that was requested by a Council Member. Council Member Marsh: Under Neighborhood Conservation, would a single-family residence have to abide by our tree preservation ordinance or our drainage requirements? Jonathan Curth: It would not. Council Member Marsh: What about under RI -U? Jonathan Curth: If it's being developed as single or two family, it would not. If it was developed as three or four, it would. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 5 of 17 Michael Ward, Property Owner Representative stated Planning staff and Planning Commission recommend approval and spoke briefly about the reasons why. He gave a brief presentation of the proposed rezoning. Council Member Marsh: What is the height limit of the existing lot, as it stands right now under Neighborhood Conservation? Jonathan Curth: Three stories. Council Member Marsh: What is the height limit under the proposed RI -U? Jonathan Curth: It's two stories within 10 feet of the front property line and three stories beyond that. Council Member Marsh: To clarify, right now you can already build a three-story structure on it, by right and we receive additional height protections if we go to RI -U. Nancy Allen, Ward 2 stated a large contingent of people in the area have written to Council asking them to not rezone. She stated citizens want to be included in the decision because of their homes, not infill, spot zoning, aesthetics or new urbanism. Karen Bley, 1067 South Washington stated spot rezoning, lot by lot, is undermining the master plan. Jesse Millwee, Citizen spoke in favor of the ordinance. Lisa Meeks, South Washington Avenue requested to show an electronic presentation. Council Member Gray moved to allow a citizen presentation. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Lisa Meeks, South Washington Avenue gave a brief PowerPoint presentation. She spoke in opposition of the ordinance. Kathleen Conway, Morningside Drive spoke in opposition of the ordinance. Deborah Kitz, 1127 South Washington spoke in opposition of the ordinance. John Remmers, 1067 South Washington spoke in opposition of the ordinance. Council Member Kinion stated he was involved in the Walker Park Neighborhood Plan and it was to set a vision. He stated the lot is currently in the Neighborhood Conservation area of the plan because they need to conserve the identity of the neighborhood as promised in the plan. He spoke about spot zoning. He stated what they have before them is the consideration of changing a plan that they promised to respect. He stated until the Walker Plan is revised, he cannot vote against the plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 20, 2018 Page 6 of 17 Council Member Marsh spoke about the purpose behind residential intermediate urban zoning. She reminded Council it wasn't a tool available to them at the time of the development of the Walker Park Master Plan. She spoke about making appropriate infill the highest priority because it is the number one goal of the 2030 City Plan. She stated the proposed area is appropriate for infill. She stated this is an empty lot that is joined by multifamily lots on the northern boundary. She stated 60% of households in the City of Fayetteville are rentals and it's a trend that is growing. She stated it's due to the economic reality and change in family structures, so more rental properties need to be provided. Council Member Smith: There is an assumption these are going to be rentals, but that's not the topic of a zoning decision. How specific was the neighborhood plan with regards to zoning? Jonathan Curth: It was deliberately rezoned NC at the time. There are several zoning districts available now, that were not at that time. Council Member Kinion: There is a diversity of housing in the Walker Park Plan. It was specifically taken into the vision as they were developing it. A lot of this property was rezoned at the time to meet the diversity of housing needs that will develop as the population grows. Council Member Smith: We have our zoning map and future land use. Sometimes we get those two interacting in interesting ways. The future land use is not as precise. With RI -U there has been some talk about density, but most of the objections fall along style and height. You can find examples all over the city of buildings from different time periods, but we can't use that as grounds to argue against how we draw boxes on the map. Height is a reasonable concern. We aren't increasing the height limits and may be decreasing them in the front parts of the property. A discussion followed about dimensions. Council Member Smith spoke about RI -U spot zoned parcels in the area. Council Member Gray spoke about looking at the plan or listening to the residents of the community. She stated she doesn't want to be a part of any government that makes promises to people and then decides to not follow those promises. She stated there are plenty of multifamily and rental housing in the city, but they do not have to impose it on every single neighborhood. She stated they should not approve the rezoning. Council Member Petty spoke about developers being blamed for all the bad things happening over the years. He stated he is a developer and has built a three-story mixed-use building in an appropriate area. He stated the house is demolished on the site and there's a choice for the developer who has to make good on the property. He spoke about the affordability of the structure that will be placed on the vacant lot. He spoke about construction cost. He spoke about perceptions of renters. He stated he's interested in what is being done with height, long term. He stated this is not spot zoning. He stated the plan isn't intended to be strictly interpreted forever like a law, but intended to be for guidance. He stated he prefers three smaller houses that are affordable, compared to one large house. He stated there are not only two kinds of development, but instead there is a whole spectrum between. He stated there are real concerns from a social and environmental 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 7 of 17 perspective regarding infill. He stated it is a mistake to call the proposal high density or medium density. He stated it's not a good reason to be against this because it is going to put houses on lots that are barely skinnier than some of the other lots on the street. Council Member Marsh stated narrow lots aren't inconsistent with the fabric of the neighborhood. She stated Council has a responsibility to utilize valuable urban land. She spoke about the construction cost of building homes. She stated mixed income neighborhoods are more resilient neighborhoods. She spoke about management challenges of rent by the room tenants into homes allegedly built for single family. Council Member La Tour stated he does not like the terms spot zoning and blanket zoning, but would rather have Council decide if it's compatible with the neighborhood. He agrees that housing diversity and more housing is needed. He doesn't believe others should be maligning people's character because they are renting. He supports the rezoning. Council Member Bunch spoke about the Walker Park Plan. She stated she didn't like having a plan for an entire neighborhood and it might need to be revisited and reevaluated. She stated more housing is needed. She spoke about height and style issues. She stated the rezoning fits well with the area. 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 spoke about height control being needed. He stated there are rentals all around his home and he has a nice neighborhood. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Petty, Bunch, La Tour, Smith, and Marsh voting yes. Council Members Tennant, Gray, and Kinion voting no. Ordinance 6112 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 Multi Family, 24 units per acre and C-2, Thoroughfare Commercial to C-2, Thoroughfare Commercial. At the November 8, 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 Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Tennant, Bunch, La Tour, Smith, Gray, and Kinion voting yes. Council Member Marsh was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 8 of 17 City Attorney Kit Williams read the ordinance. Jonathan Curth, Senior Planner stated the City Engineering staff are still awaiting paperwork before they can release the grading permit for the property. Chris Brown, City Engineer gave a brief description of the process for the grading permit. Council Member Smith: Are you comfortable with calling it a done deal? Chris Brown: The work they have done so far indicates they do intend to follow through. They have a contractor in place. Within a couple of weeks, it should be done. Council Member Smith: It's a matter of paperwork? Chris Brown: It's a matter of paperwork to issue the grading permit, but then they have to finish the work. There is still some construction work to be done. Council Member Petty: How is the grading permit related to the rezoning request? Don Marr, Chief of Staff. I don't think there is a relation to the rezoning permit. Council Member Smith told us previously there were citizen complaints and problems related to this issue. Before we moved forward, he wanted to know if the proper items had been done, since there are three reading opportunities to resolve the issue. Council Member Smith: My understanding is there was a zoning violation dating back to January that includes some expansion of their business use that contributed to some runoff issues. Before saying it's okay to continue using the land for this business purpose, I want to make sure we have settled the runoff requirements. Council Member Petty: Is there a reason to wait since they have installed the protection measures? Chris Brown: They must have their temporary erosion control measures in place before they can start the work they are required to do to address their grading violations. They still have more construction work to do to get the permanent erosion control measures in. The work is not complete. They believe it will take a week or two to get the work done. This item was left on the Second Reading. Public Heariniz: Halsell Holdings, LLC: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Halsell Holdings, LLC needed for the extension of a 12 -inch waterline from Hotz Drive to Maple Street. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 9 of 17 Mayor Jordan opened the Public Hearing. Tim Nyander, Utilities Director: The City of Fayetteville Engineering Division has prepared the design for a 12" water line project that runs west of Razorback Road along Thomas Avenue, Hornsby Drive, Halsell Road, and Oliver Avenue. The design is complete and the project is ready to be bid for construction. The owners of 1521 West Halsell Road have refused to grant the easement necessary for the water line. The City hired Reed and Associates to provide an appraisal for this easement. The City has offered the appraised amount of $21,900.00 as compensation for this easement and the impact of the water line construction. Despite multiple conversations and negotiations with the owners, they still have not granted this easement. Staff will continue to negotiate with the owners. However, it is imperative the utility easement be acquired in a timely manner so as not to delay the construction of the project. City Attorney Kit Williams: The attorney for the applicant called me and indicated they want to continue to negotiate. I informed him my office continues to negotiate even after we have to file a condemnation, so we can get possession of the land. It is our goal to attempt to work out a reasonable settlement. I would then be able to come back to the City Council and present to you. Our Water Department will tell you we need to get this project underway. There is another easement for another water line that runs parallel to this. I wish we could put it in that easement, but there isn't room. If we use that other easement, we'd have to cut the other water line and it would seriously inconvenience many homeowners that rely upon the line. Due to construction reasons, we can't wait any longer and eventually get an order of possession for this easement, even if we haven't been able to come to the right price yet. Mayor Jordan closed the Public Hearing. Council Member Gray moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 239-18 as recorded in the office of the City Clerk New Business: Bid 918-51 Electrical Resources, Inc.: A resolution to award Bid #18-51 and authorize a contract with Electrical Resources, Inc. in the amount of $478,256.07 for the installation of lighting along the Cato Springs Trail, to approve a project contingency in the amount of $15,000.00, and to approve a budget adjustment. Chris Brown, City Engineer gave a brief description of the resolution. Staff recommends approval. Council Member Smith thanked staff for their work, especially Matt Mihalevich, Trails Coordinator. He spoke about the positives of LED lighting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 10 of 17 Council Member La Tour moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Marsh, and Kinion voting yes. Council Member Petty was absent during the vote. Resolution 240-18 as recorded in the office of the City Clerk RZN 18-6386 (West of 203 W. Miller St./Hardin): An ordinance to rezone that property described in rezoning petition RZN 18-6386 for approximately 0.26 acres located west of 203 West Miller Street from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single Family, 18 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Senior Planner gave a brief description of the ordinance. The Planning Commission and staff recommend approval. He stated there was some public comment at the Planning Commission meeting in opposition to the higher density and drainage. Council Member Bunch: What would be the most that someone could build on this property? Jonathan Curth: Given its existing street frontage, the most that could be done, as far as sub division and development would be to create two lots from the one lot. Under RSF-18, it would allow one single family home on each lot. You could have two accessory dwelling units on each one totaling 1,200 square feet altogether. It could be two principle units and six over all units on the property, four of which would be on the small size, totaling 600 square feet each. Council Member La Tour 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. There was a brief discussion after viewing the future use plan. Council Member Kinion 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. Council Member Smith stated this is an opportunity where they are looking at the edge of two zones on the map. He believes it's a great way to blend the edges when stepping up the density from RSF-4 further into the neighborhood and out to the multifamily on the street. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevillb-ar.gov City Council Meeting Minutes November 20, 2018 Page 11 of 17 Ordinance 6113 as Recorded in the office of the City Clerk ADM 18-6382 (310 E. 7th St./Niederman): A resolution to approve a lesser dedication of street right of way (reducing it by about ten inches from the centerline) from what the Master Street Plan recommends along the applicant's property at 310 East 7th Street. Jonathan Curth, Senior Planner gave a brief description of the resolution. He stated staff does not recommend approval. The Planning Commission recommended the item be forwarded to City Council with the minimum necessary reduced dedication. He stated the applicant is requesting the ten -inch reduced dedication along the entire frontage of 7th Street, not just where the deck is. He stated the second portion of the Planning Commission's recommendation was that at the time of development, if it should come on 7th Street, the property owner will dedicate the right-of-way. He stated staff offers an alternative set of conditions. He stated their concern is that things like this will get lost in the mix and their preference would be the right-of-way be dedicated at this time with the allowance that the porch be allowed to encroach for the time being. He stated if the city decides to improve 7th Street, the deck would then be removed or modified to not encroach into the right -of way. Zara Niederman, Applicant stated the house was built in the Master Street Plan right-of-way. He stated it is a tiny narrow house and wanted a big porch to face the neighborhood. He stated when the permit was submitted, the house had to be pushed forward to the street because of the build -to zone and believes the deck may have also gotten pushed slightly forward. City Attorney Kit Williams: I sent a memo to the City Council, Mayor Jordan, and Planning because I was concerned from a constitutional point of view. Our Unified Development Code allows us and instructs the Planning Department that if there is a lot split that could cause an impact upon our infrastructure needs, like a right-of-way dedication, it is usually appropriate. In this case, the engineering firm of Bates & Associates, say the required right-of-way we were trying to take was approximately 1/6 of this individual's property. It seems to be a large amount and potentially larger than what the constitution would allow us to do. The owner has requested only a minor reduction in these ten inches from the centerline. Instead of 25 feet, it's 24 feet and 2 inches. My recommendation to Council would be to follow what the Planning Commission did in allowing a lesser dedication. This should be without any kind of conditions because it is such a large amount of right-of-way dedication. The request from the applicant is appropriate and reasonable. Council Member Petty: Do we often allow buildings to be constructed in the Master Street Plan right-of-way? Jonathan Curth: No. This was built not based on what was approved on the building permit. Council Member Petty: Did the whole plan get shifted forward to meet the build -to zone? Zara Niederman: Yes. It was a whirlwind when it went through. It had to be pushed south towards Willow because of the 25 -foot build -to zone. It was Downtown General and there was no setback 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 12 of 17 on the side or front. It was unfortunate this happened and I don't know why this wasn't noticed under construction. Jonathan Curth: The build -to zone for single family homes does not require a minimum buildable street frontage there. There isn't a minimum amount of a house that must be in the build -to zone for a single-family home. The large bulk of the house is well within the build -to zone. It was not necessary for it to be shifted southward for those purposes. I'm not saying the applicant is being disingenuous, but that's not a requirement of the zoning code. Council Member Marsh: Kit, you recommend we agree with the Planning Commission and approve the lesser dedication of street right-of-way, but with no conditions? City Attorney Kit Williams: Without conditions, but you would approve the lesser dedication by ten inches of the right-of-way. This is especially important where the deck is because it would be a major loss to the property owner. Whether you want to continue that along the other two lots being created, I'll leave that up to you. The Planning Commission recommended only by the deck. It's not a giant reduction, no matter what you do. Council Member Marsh: That would be approving the resolution as it's written, because the resolution does not impose conditions? City Attorney Kit Williams: Yes. Council Member Marsh moved to approve the resolution. Council Member Tennant seconded the motion. Upon roll call the resolution passed unanimously. Resolution 241-18 as recorded in the office of the City Clerk Zeta Gamma House Corporation: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Zeta Gamma House Corporation of Kappa Delta Sorority for street improvements along a portion of Maple Street and Vandeventer Avenue, with the amount to be paid by the City of Fayetteville not to exceed $28,470.00. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a brief description of the ordinance. City Attorney Kit Williams thanked Chris Brown for his work. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 13 of 17 Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6114 as Recorded in the office of the City Clerk Ozarks Electric Cooperative Corporation and Today's Power, Inc.: An ordinance to waive competitive bidding and authorize Mayor Jordan to enter into agreements with Ozarks Electric Cooperative Corporation and Today's Power, Inc. for the development, construction, and operation of solar power generation and storage equipment and facilities at Fayetteville's Westside and Noland Wastewater Treatment Facilities, and to approve a budget adjustment to provide funding in the amount of $560,818.38 for site improvements necessary to connect to the solar arrays. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the ordinance. He stated staff recommends approval. Council Member Smith: At the end of the agreement, who owns the equipment on our land? Peter Nierengarten: There's language in the agreement that allows the city to buy the equipment at the depreciated cost of it. If we choose not too, Today's Power, Inc. would continue to be the owner of the equipment. Council Member La Tour stated he met with an executive of a power company and he agreed with Peter's analysis. He stated he likes innovation and is pleased to be part of a city that is looking forward. Will Dockery, 4149 West Bradstreet: How is the solar rate lot going to be done? Peter Nierengarten: We are not doing gravel. We are working with the solar developer, Jacobs Engineering, and the Northwest Arkansas Regional Land Trust to develop plans for integrating native plants and seed mixes. It is in proximity to the Woolsey Wet Prairie out at the Westside Plant. We are trying to create a project that is complimentary to that in terms of the environmental impact. The fields are Johnson grass right now, which is an invasive grass. The goal is to end up with something a lot closer to native restoration. Council Member Tennant: I imagine people do pavement or gravel because it eliminates maintenance needs. Would this create maintenance needs or would it be covered by the agreement with added cost? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 14 of 17 Peter Nierengarten: Today's Power is doing the maintenance of the panels and the land they are leasing. The goal is to develop a native planting plan that has as little maintenance as possible, but it is recognized there's likely going to need to be some mowing and vegetative maintenance. There was a brief discussion of the maintenance in the agreement. Teresa Turk spoke in favor of the ordinance. 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 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. City Attorney Kit Williams thanked Assistant City Attorney Blake Pennington for his work on the project. Don Marr, Chief of Staff thanked City Council, Mayor Jordan, Peter Nierengarten, Ozarks Electric, Jacobs Engineering, and city staff. He spoke about energy efficiency and savings to the City of Fayetteville. Mayor Jordan thanked City Council. He stated they had the vision to pass the energy action. He gave a brief description of the project. He thanked Ozarks Electric, Today's Power, Paul Becker, Tim Nyander, and Kit Williams. He stated this is a historical moment for the City of Fayetteville. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6115 as Recorded in the office of the City Clerk Woolsey Conservation Area: A resolution to express the City Council's intent to support the permanent preservation of approximately 44 acres of environmentally sensitive wet prairie and oak savannah habitat on city -owned property at the Westside Water Resource Recovery Facility. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the resolution. He stated staff recommends approval. Council Member Smith moved to allow a citizen presentation. Council Member Marsh 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 November 20, 2018 Page 15 of 17 Jennifer Ogle, Chair of the Fayetteville Natural Heritage Association presented slides highlighting the ecological benefit of the proposed 44 acres of preservation. She spoke in favor of the resolution. City Attorney Kit Williams: If it's all put into this conservation, will there be paths so people will be able to get out into it to see it? Would it damage the prairie? Jennifer Ogle: There are mowed paths in it now. That is about the extent of path you would want to put through a prairie. You wouldn't want to put gravel or bare soil. It is a great opportunity for walking. It is on the table to have soft surface mowed walking paths. Marson Nance, Director of Land Protection & Stewardship at the Northwest Arkansas Land Trust spoke in favor of the resolution. Bob Caulk, Fayetteville Natural Heritage Association spoke in favor of the resolution. Will Dockery, 4149 West Bradstreet spoke in favor of the resolution. Council Member Tennant spoke about the obligation to do things that could prevent future issues such as fire. He thanked Mayor Jordan and city staff for their work. He stated he was in favor of the resolution. Mayor Jordan thanked everyone who worked on the project. He stated it is a win-win for everybody. Council Member Marsh moved to approve the resolution. Council Member Gray seconded the motion. Upon roll call the resolution passed unanimously. Resolution 242-18 as recorded in the office of the City Clerk 2019 Annual Budget and Work Program: A resolution to adopt the 2019 Annual Budget and Work Program. Paul Becker, Chief Financial Officer gave a brief description of the resolution. There was a brief discussion about the proposed budget being presented to Council. Mayor Jordan thanked City Council for their input on the budget. He stated it was well received and was a healthy discussion. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 243-18 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 16 of 17 Amend §166.04 (B) (3) (1) (v) Fee -In -Lieu Allocation: An ordinance to amend §166.04 (B) (3) (1) (v) Fee -In -Lieu Allocation of the Unified Development Code to increase the period of time from three years to five years for the city to expend parkland dedication fees. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams stated there was difficulty sometimes being efficient in spending the parkland fees received because of the short time frame. He, suggested coming to City Council to request a couple of extra years, which would still be within the seven-year time limit of the impact fee statute. He stated this is a different time period because it was done long before the impact fee statute. Connie Edmonston, Parks & Recreation Director gave a brief description of the ordinance. City Attorney Kit Williams: We need to have this effective before the end of the year so they don't have to spend money they aren't ready to spend before the end of the year. Council Member Gray moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 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 6116 as Recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff stated city offices will be closed on November 22, 2018 and November 23, 2018 to observe the Thanksgiving holiday. He gave a brief description of the holiday trash routes. He spoke about the Senior Giving Tree. Information can be viewed on the City of Fayetteville website. Council Member La Tour spoke about the history of Thanksgiving. Council Member Tennant spoke about a food delivery service for Thanksgiving and families that may be in need. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 20, 2018 Page 17 of 17 Mayor Jordan thanked City Council for their respect and courtesy of one another and to citizens. City Council Agenda Session Presentations: Agenda Session Presentation: Department of Economic Vitality Budget Structure Discussion. City Council Tour: None Acljouyfinient: 8:45 p.m. Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov