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HomeMy WebLinkAbout2019-02-05 - Minutes -Council Member Sonia Gutierrez 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 February 5, 2019 City Council Meeting Minutes February 5, 2019 Page 1 of 20 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 5, 2019 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 Sonia Gutierrez, Sarah Marsh, Mark Kinion, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Absent: Council Member Matthew Petty Pledge of Allegiance Mavor's Announcements Proclamations and Reca itions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 2 of 20 Consent: Approval of the January 15, 2019 City Council Meeting Minutes. Approved 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 $3,509.00 and increasing the related expense budget. Resolution 21-19 as recorded in the office of the City Clerk Fayetteville Fire Department Donation Revenue: A resolution to approve a budget adjustment in the amount of $1,000.00 representing donation revenue to the Fayetteville Fire Department from the Bank of Fayetteville (Farmers and Merchants Bank) for the annual employee service awards event. Resolution 22-19 as recorded in the office of the City Clerk BKD, LLP: A resolution to authorize Mayor Jordan to sign an engagement letter with BKD, LLP and pay an amount not to exceed $103,650.00 for auditing services for the 2018 audit. Resolution 23-19 as recorded in the office of the City Clerk Bid #18-46 Geveko Markings, Inc: A resolution to award Bid #18-56 and authorize the purchase of preformed thermoplastic pavement markings from Geveko Markings, Inc. in variable amounts and for varying unit prices as needed through the end of 2019. Resolution 24-19 as recorded in the office of the City Clerk Repeal Resolution 08-19: A resolution to repeal Resolution No. 08-19 and authorize the purchase of a Dodge Durango with towing package from Superior Automotive of Siloam Springs in the amount of $26,922.00, pursuant to a state procurement contract, for use by the Community Resources Division. Resolution 25-19 as recorded in the office of the City Clerk Superior Dodge Ram - Chevy Traverse: A resolution to approve the purchase of two Chevrolet Traverses from Superior Dodge Ram of Siloam Springs in the total amount of $50,602.00, pursuant to a state procurement contract, for use by the Engineering and Building Safety Divisions. Resolution 26-19 as recorded in the office of the City Clerk Superior Dodge Ram - Dodge Ram 1500: A resolution to approve the purchase of three Dodge Ram 1500 pickup trucks from Superior Dodge Ram of Siloam Springs in the total amount of $67,401.00, pursuant to a state procurement contract, for use by the Engineering Division. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 3 of 20 Resolution 27-19 as recorded in the office of the City Clerk EPA Region 6 Wetland Program Development Grant: A resolution to authorize an application for a 75/25 Environmental Protection Agency Region 6 Wetland Program Development Grant in the total amount of $400,000.00 for stream restoration projects in the City of Fayetteville. Resolution 28-19 as recorded in the office of the City Clerk Northwest Arkansas Regional Planning Commission: A resolution to approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $41,812.00 for a Stormwater Education Program for 2019. Resolution 29-19 as recorded in the office of the City Clerk Watershed Conservation Resource Center Task Order No. 1: A resolution to approve an amendment to Task Order No. 1 with the Watershed Conservation Resource Center in the additional amount of $16,702.35 for work performed during the assessment of streams through the city associated with a Wetland Program Development Grant. Resolution 30-19 as recorded in the office of the City Clerk Razorback Greenway Tunnel Improvements: A resolution to express the willingness of the City of Fayetteville to utilize federal -aid recreational trails program funds for Razorback Regional Greenway - Fulbright Expressway Tunnel improvements, and to approve a budget adjustment. Resolution 31-19 as recorded in the office of the City Clerk Community Access Television dba Your Media: A resolution to approve a budget adjustment in the amount of $10,000.00 recognizing public access television fee revenue to be used for promotional activities. Resolution 32-19 as recorded in the office of the City Clerk KAJACS Contractors, Inc.: A resolution to award Bid #18-55 and authorize a contract with KAJACS Contractors, Inc. in the amount of $1,067,000.00 for construction services associated with the elimination of the Masters Sewer Lift Station, and to approve a project contingency in the amount of $106,700.00. Resolution 33-19 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc.: A resolution to approve Amendment No. 1 to the professional engineering services agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $33,860.00 for construction management and observation services associated with the elimination of the Masters Sewer Lift Station. Resolution 34-19 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 February 5, 2019 Page 4 of 20 Ranger's Pantry/Senior Giving Tree Donations: A resolution to approve a budget adjustment in the total amount of $600.00 representing donations to Ranger's Pantry and the Senior Giving Tree. Resolution 35-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Unfinished Business: Appeal RZN 18-6380 (1882 Starr Rd./JB Hayes): An ordinance to rezone that property described in rezoning petition RZN 18-6380 for approximately 1.20 acres located at 1882. North Starr Drive from RSF-4, Residential Single Family, 4 units per acre to NS -L, Neighborhood Services -Limited. At the January 15, 2019 City Council meeting this ordinance was left on the Second Reading. 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 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he did not have any new information to present since the last City Council meeting. JB Hayes, Applicant gave a brief historical description of his property. Peter Main, 1839 North Candleshoe Drive and Representative for the Crystal Cove POA requested for City Council to uphold the Planning Commission's decision to deny the rezoning of the property. He stated a change to NS -L expands the potential for development in the middle of the surrounding RSF-4. He stated it's reasonable for neighbors to be concerned about what future uses will be allowed under NS -L. He stated the RSF-4 zoning that was approved two years ago at the request of the current applicant remains appropriate with the surrounding neighborhood. Council Member Marsh: You are representing the Crystal Cove Subdivision. Did you have a vote of the membership and what was the tally? Peter Main: It was a vote of 3 to 0 of the three-member Board of Directors Council Member Marsh: There were three individuals who made this decision? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 5 of 20 Peter Main: The Board of Directors of the Property Owners Association. Council Member Bunch: There were three people who voted on this. How many houses are in the subdivision? Peter Main: 18 houses. Council Member Marsh: This is in my ward. I have not received any other citizen feedback in opposition or support of this. Council Member Kinion: This is the appropriate rezoning. It's compatible with the long-term possibilities of the property, but the property growth is restricted by the drainage that runs through the property. It is going to put some restrictions on the use and the build out of the property. This is going to give the developer the opportunity to manage the runoff. The Water, Sewer & Solid Waste Committee is familiar with the property. We have a long-term plan for the delivery of services, infrastructure, and drainage. After weighing all the issues associated with it, I understand neighborhood concerns. I'm always siding with neighborhood associations, but this is not directly in the neighborhood. It's adjacent to the neighborhood and appropriate due to the location. Council Member Scroggin stated he looked at this when he was on the Planning Commission. He stated normally he's for increased density and infill, but this was outside the Mayor's box. He spoke about the topography of the area. He stated his concerns about traffic. He believes there are other options that could be considered. Council Member Turk spoke about the topography. She stated she would be voting against rezoning. Council Member Bunch stated it is an appropriate rezoning. She spoke about possible future uses. _ Council Member Gutierrez stated she had not received any feedback from neighbors. She spoke about appropriate infill. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Marsh, Kinion, Bunch, and Smith voting yes. Mayor Jordan voting yes. Council Members Gutierrez, Scroggin, and Turk voting no. Council Member Petty was absent. Ordinance 6146 as Recorded in the office of the City Clerk Public Hcarini,,: Certificate of Public Convenience and Necessity - Payless Taxi: A resolution to grant a Certificate of Public Convenience and Necessity to Kyle Empsall d/b/a Payless Taxi for the operation of two (2) taxicabs in the City of Fayetteville. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 6 of 20 Mayor Jordan opened the Public Hearing. Mike Reynolds, Deputy Chief of Police gave a brief description of the resolution. Kyle Empsall, Payless Taxi gave a brief description of his business. He requested Council's support. Nate Thouzeau, Citizen spoke in favor of the resolution. Nora Nelson, Citizen spoke in favor of the resolution. Tamra Bull, Citizen spoke in favor of the resolution. _ Brian Phalino, Citizen spoke in favor of the resolution. Stewart Larrabee, Fayetteville Taxi spoke in opposition of the resolution. Tim Reynolds, Dynasty Taxi spoke about needing less taxis, insurance cost, and taxi rate set amounts. Council Member Scroggin: You have to follow a set of rules. If the license was granted, he would have to follow the set of rules as well and wouldn't that be beneficial to you? Tim Reynolds: Everybody should have to follow the rules. In the taxi industry one of the biggest issues with Uber is they have a loop hole where they say they aren't a cab company. They say they are a technology company, but they are a cab company. Kenneth Morton, Attorney Representing NWA Taxi spoke about his concerns. He stated there needs to be some regulations for Uber or they need to open everything for taxis. Mayor Jordan requested Mike Reynolds to address the comments that had been made about taxi issues. Mike Reynolds, Deputy Chief of Police: I checked with the Sargent who oversees the permitting prior to this meeting. My numbers check out with what Chief Tabor delivered at the Agenda Session. We only have Dynasty Taxi and Fayetteville Taxi that have current Certificates of Public Convenience and Necessity. If NWA Taxi needs to be permitted, they need to come see us or we need to get this confusion ironed out. The Police Department has investigated all complaints. We've spoken with Mr. Empsall on several occasions. He was operating Uber, Lift, and his taxi business. He was dropping off and picking up customers in Fayetteville, which was in violation of an ordinance and was cited for that. Through discussions, we are trying to bring him into compliance with Fayetteville ordinances. Council Member Turk: How many times was he cited? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 7 of 20 Mike Reynolds: He was cited one time in December. It was for not having a Certificate of Public Convenience and Necessity, for not being permitted as a taxi driver, and not having his vehicle permitted. It was three violations of the city ordinance. Council Member Turk: Do you review to see if he has insurance? Mike Reynolds: It is part of the review process. In your packet, you will see the insurance he has provided to us. He meets all the requirements of the application process for the ordinance. Council Member Turk: When he was operating earlier without a license, did you check to see if he had insurance at that time? Mike Reynolds: I'm not sure if the officers checked at that time. That would be normal procedure and protocol whenever they make a traffic stop. I'm not sure whether he had the taxi cab insurance required. He was out of compliance of the ordinance. City Attorney Kit Williams: If someone is in violation of our ordinance, that's an ordinance violation and not a felony. Council Member Scroggin spoke about felony issues. He stated he does not like restricting businesses and wants as many people to compete as possible. He stated he would like to look at the Uber and Lift situation at some point to align the rules. He stated it is not fair that different players have different rules. City Attorney Kit Williams: The State Legislature took all power away from us about Uber and Lift. We have no authority to regulate Uber or Lift in the City of Fayetteville. Council Member Marsh: We have an entrepreneur who is trying to get in compliance and do the right thing. More competition in this market is a good thing. Mayor Jordan closed the Public Hearing. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Resolution 36-19 as recorded in the office of the City Clerk Raze and Removal Lien Certification 16 North Willow Avenue: A resolution certifying to the Tax Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Tommie Jo Flowers -Davis and George E. Flowers located at 16 North Willow Avenue in the City of Fayetteville, Arkansas. Mayor Jordan opened the Public Hearing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 8 of 20 David Carver, Code Compliance Administrator: On November 8, 2018, City Council passed and approved Resolution 229-18. The resolution stated Tommie Jo Flowers -Davis and George E. Flowers are hereby ordered to raze and remove the dilapidated, unsightly, and unsafe structure located at 16 N. Willow Avenue. After approval, a grace period of 30 days was granted for the property owner to acquire a building permit or raze and remove the structure themselves. On December 11, 2018, Code Compliance razed and removed the unsafe structure. The costs associated with the raze and removal totaled $18,741. This amount will be filed in the form of an abatement lien with the Washington County Tax Collectors. City Attorney Kit Williams: You went out and examined the site after the raze and removal? David Carver: Yes. City Attorney Kit Williams: Had the contractor done everything you contracted him to do? David Carver: The only thing we are waiting on is some grass to get growing. It's a bad time of year and we are waiting for warmer weather. It has been seeded and strawed as required by demolition permit. We are going to wait a little while to final the building permit to where the soil is completely stabilized. City Attorney Kit Williams: I looked at it myself and thought he did a good job. Is it your opinion to the City Council that the $18,741 is a fair amount for the raze and removal? David Carver: It is a great price for a project of that size. City Attorney Kit Williams: The owners asked us to do this raze and removal. Mayor Jordan closed the Public Hearing. Council Member Smith moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Resolution 37-19 as recorded in the office of the City Clerk New Business: Crossland Construction Company, Inc. Change Order No. 2: A resolution to award FPL bid package # 19-17 and approve Change Order No. 2 to the construction manager at risk contract with Crossland Construction Company, Inc. in the amount of $2,806,481.00 for early site work and utility relocations, and to approve a project contingency in the amount of $140,324.00. Wade Abernathy, Building Maintenance Supervisor gave a brief description of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 9 of 20 Paul Becker, Chief Financial Officer: This allows us to begin the site work at the library. Council Member Marsh moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Resolution 38-19 as recorded in the office of the City Clerk AIT Services, Inc.: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of spare parts and repair services for the thermal drying unit located at the Biosolids Management Site from AIT Services, Inc. in the amount of $117,917.67 plus applicable taxes, to approve a project contingency in the amount of $20,000.00, and to waive the requirements of formal competitive bidding for future purchases of parts and repair services for the thermal drying unit from AIT Services, Inc. through December 31, 2021. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion spoke about the importance of passing the ordinance. 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 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Ordinance 6147 as Recorded in the office of the City Clerk Amend the Standard Specifications for Design and Construction of Water Lines and Sewer Lines: An ordinance to amend the Standard Specifications for Design and Construction of Water Lines and Sewer Lines, 2017 Edition as originally adopted in § 173.12 Standard Specifications 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 10 of 20 for Water and Sewer Lines in Chapter 173 Building Regulations of the Unified Development Code and to move the amended regulations to Chapter 51 Water and Sewers. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Smith: The change of who reviews and seals for each project, is that a city staff person or contractor's engineer? Whose responsibility does that become now? Tim Nyander: It is a combination. It's the responsibility of the engineer of record, which could be a private engineer. It's also the utilities engineer to look at the project to make sure it satisfies requirements. As it goes through the planning process, the city engineers look at everything around the project. Council Member Smith: Is there a cost associated with that review that doesn't exist now? Tim Nyander: There is not one that doesn't exist now. Council Member Kinion: Jim Beavers was a very valuable member of the administration and the Water & Sewer Division. It's a bittersweet day when you see someone like that retire because of the amount of work that was produced by this individual. It was specific and it was always right on target. It was so invaluable for the function and compliance in our Water & Sewer Division. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. 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 Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Ordinance 6148 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 - February 5, 2019 Page 11 of 20 RZN 18-6462: (3030 Old Farmington Rd./Willbanks): An ordinance to rezone that property described in rezoning petition RZN 18-6462 for approximately 0.35 acres located at 3030 Old Farmington Road from R -A, Residential Agricultural to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommends approval. Peggy Willbanks, Applicant: We are asking to rezone it so we have more options with the existing home that is on there. Council Member Marsh: The proximity of this to Centennial Park and our future multi -use trail network is a great place to put additional density. It is within walking density of goods and services. 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 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-1. Council _ Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, and Smith voting yes. Council Member Turk voting no. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Turk: We should allow another reading of this. This is a rezoning and maybe the public does not know about it. We should slow down and give the public more time. There was a brief discussion about tabling the item. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2. Council Members Marsh, Kinion, Scroggin, Bunch, and Smith voting yes. Council Members Gutierrez and Turk voting no. Council Member Petty was absent. Ordinance 6149 as Recorded in the office of the City Clerk RZN 18-6464 (2081 N. Shady Ave./Tobin): An ordinance to rezone that property described in rezoning petition RZN 18-6464 for approximately 1. 16 acres located at 2081 North Shady Avenue from C-2, Thoroughfare Commercial to NS -G, Neighborhood Services -General. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 12 of 20 City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommends approval. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Turk: I would like to hold it on this reading. Something this significant needs to have adequate public notification. Council Member Scroggin spoke about rezonings having at least a two-week notice before Planning Commission meetings. He stated that generally a sign has been posted six plus weeks for the public. He stated if there are no citizens at the City Council meeting to discuss it and the Planning Commission approved it, then he is ready to vote on it. Council Member Bunch: Don't rezonings also get published in the paper? Mayor Jordan: Yes. Council Member Bunch: They are on our city website agendas and the newspaper. Those are standard mechanisms. Do you send out a letter to the neighbors and neighboring properties? Garner Stoll stated yes. He gave a brief description of the complete notification process. Council Member Scroggin 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 6-2. Council Members Gutierrez, Marsh, Kinion, Scroggin, and Bunch voting yes. Mayor Jordan voting yes. Council Members Turk and Smith voting no. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Marsh: The Planning Commission and staff are recommending approval. It is consistent with the future land use plan. We are going from a C-2, which is not a form based zone to a zone that is form based. It has a lot of advantages in this situation. If this were a more complicated issue, it would make sense to hold it, but this is straight forward. Council Member Kinion: I haven't heard anything from anyone in the ward. Looking at the property and knowing it well, this is a good rezoning to offer. Council Member Smith spoke about his appreciation to the Planning Commission for suggesting this rezoning category, rather than a RSF-4. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 13 of 20 Council Member Gutierrez spoke about public transportation and a lot of other things that could happen. She stated she doesn't see a lot of adjacent residences that would cause major problems. She stated she is in support of the rezoning. Council Member Bunch spoke about public transportation, and bicycle and pedestrian access. She spoke in favor of the ordinance. City Attorney Kit Williams: If you are going to vote against a rezoning, I would like Council to explain their reasons. If it was to fail, I would have something to present to court if we get challenged. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Ordinance 6150 as Recorded in the office of the City Clerk RZN 18-6472: (3033 & 3035 W. Sandra St./Milligan): An ordinance to rezone that property described in rezoning petition RZN 18-6472 for approximately 0.42 acres located at 3033 and 3035 West Sandra Street from R -A, Residential Agricultural to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommends approval. There was a brief discussion about the differences of agricultural zoning versus residential zoning. 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 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Turk: I request that we hold it here since it is a rezoning request. There was a brief discussion about the voting options. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion failed 4-3. Council Members Marsh, Kinion, Scroggin, and Bunch voting yes. Council Members Gutierrez, Turk, and Smith voting no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 14 of 20 This item was left on the Second Reading. RZN 18-6490(4847 W. Wedington Dr./Wedington Landing SD): An ordinance to rezone that property described in rezoning petition RZN 18-6490 for approximately 7.64 acres located at 4847 West Wedington Drive from RSF-4, Residential Single Family, 4 units per acre and NC, Neighborhood Conservation to RMF -12, Residential Multi -Family, 12 units per acre. _ City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. Council Member Gutierrez spoke about the map. Council Member Smith stated there were some concerns in the neighborhood. He stated the applicant has agreed to come to the next Ward 4 meeting. He requested to hold the item on the first reading. Ferdi Forry, Civil Design Engineers stated they sent out notifications. He spoke about the benefits of doing their project if the rezoning is approved. This item was left on the First Reading. VAC 18-6470 (NE of 650 N. Vinson Ave./Rebecca St. Row): An ordinance to approve VAC 18- 6470 to vacate a portion of unbuilt Rebecca street right-of-way between Vinson Avenue and Sequoyah Drive. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Marsh spoke about urban staircases. She stated there are not a lot of good ways to get up Mount Sequoyah. She stated while she agrees the assembly route is much needed to reach the Mount Sequoyah Assembly, there are still a lot of residents on Rockwood Trail that do not have a safe route to go walking. She requested to know what the status of the portion of Rebecca Street that is unbuilt to the west and if there is a public right of way there. Garner Stoll stated there was a public right of way. Council Member Marsh requested to hold the item to allow the Active Transportation Advisory Committee to review it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 15 of 20 Council Member Smith: I want to hold this too. We do a lot of vacations of easements where a private property owner owns the land and we have access rights to it. How is this different being a right of way? There is not an underlying landowner. Do I understand that correctly? City Attorney Kit Williams: There probably is an underlying landowner. A right of way is not only for utility easements, but also for pedestrian or vehicular access. The city has more rights in a right of way to put other things there. Council Member Smith: It's not city property, right? City Attorney Kit Williams: It's probably not city property. I can't say that 100%. Normally, these have been dedicated through paper plats. It's just a city right of way over private property. That's why when you vacate, it usually goes to the abutting owners. Council Member Smith: Would it be possible to get clarification on that? City Attorney Kit Williams: You could have the GIS Department research the title. Mayor Jordan: We will take care of that. Garner Stoll: It is used for a gas line and Planning Commission's recommendation was to retain those easements. The recommendation was to vacate it and that condition is written in your proposed ordinance. Council Member Smith: In that situation, even then it wouldn't be buildable because of the utility easements? Garner Stoll: If you wanted to use it for a sidewalk or for transportation purposes, it may not be wise to vacate it. Council Member Smith: There is also a paper alley behind there that is connected to it. How does that interact with it? Garner Stoll: We'll research it and get you an answer. Council Member Gutierrez: I would like for the Active Transportation Advisory Committee to review it. I want to hold it here. Chris Brown, City Engineer: There is an Active Transportation Committee meeting tomorrow night. We can put it on the agenda. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 16 of 20 VAC 18-6475 (3024 N. Oak Bailey Rd./Acrey): An ordinance to approve VAC 18-6475 for property located at 3024 North Oak Bailey Road to vacate a portion of a utility easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Scroggin: Are there multiple of these? Garner Stoll: Yes. This plat had a number of easements at the property line in case they were needed. This one is needed, but the full 20 feet isn't needed. The request is for five feet. Council Member Scroggin: This is the only one you felt needed to be removed and all the other ones are still needed? Garner Stoll: We are responding to a request from the property owner to vacate this utility easement. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Ordinance 6151 as Recorded in the office of the City Clerk U.S. Geological Survey: An ordinance to waive the requirements of formal competitive bidding and authorize a joint funding agreement with the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the city of Fayetteville in 2019 with the amount paid by the city not to exceed $61,721.00. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 17 of 20 Chris Brown, City Engineer gave a brief description of the ordinance. Council Member Kinion: It's important for us to have this data, especially their review of ADEQ or EPA standards. This has been real helpful for us in the past. It has been a long-standing relationship that has provided us with data that's important in future project planning. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Gutierrez: This is an excellent cost that we are going to get and to be more _ ecologically accountable. Council Member Turk: This is a good deal. USGS has a lot of monitoring stations across the state and the country. They are the experts on this. If we need more stations, we should consider partnering with them in the future. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Ordinance 6152 as Recorded in the office of the City Clerk Amend 2019 Adopted Budget: A resolution to amend the 2019 Adopted Budget by reappropriating $100,186,000.00 in bonded or ongoing capital projects, outstanding obligations and grant funded items. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Council Member Marsh moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Resolution 39-19 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 February 5, 2019 Page 18 of 20 Amend Article IX Telecommunications Board: An ordinance to amend Article IX Telecommunications Board in Chapter 33 Departments, Boards, Commissions, and Authorities of the City Code to change the name to PEG Advisory Board, reduce the number of members, and refocus the purpose and intent of the board to advising the City Council on issues related to the city's public access, educational, and government (PEG) channels. City Attorney Kit Williams read the ordinance. Doug Bankston, Media Services Director gave a brief description of the ordinance. Council Member Smith: The way we are starting to operate now goes well beyond cable TV channels. Does the language cable TV channels feel inclusive enough to cover all the modern modes of media consumption? Doug Bankston: It does. It is covering all methods of how our channels are delivered. 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 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Smith: Did the current board review these? Doug Bankston: They already reviewed and approved the changes. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Ordinance 6153 as Recorded in the office of the City Clerk Opioid Epidemic Litigation: A resolution recognizing the opioid epidemic in the United States of America and in Arkansas; and to engage in litigation against those entities and people responsible for this societal crisis. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 19 of 20 City Attorney Kit Williams gave a brief description of the resolution. He spoke about wanting to hire Mr. Thrash from Thrash Law Firm to represent the City of Fayetteville. He stated Mr. Thrash would represent the city on a contingent fee. He stated Mr. Thrash will not get paid unless it is successful and then he would get one third of the recovery as a contingent fee. Council Member Gutierrez: Thank you for bringing us this cost savings and knowing we could do this other option, but why wouldn't the other cities do this? Is there a negative of doing this? City Attorney Kit Williams: The other cities have already paid their fees to the Municipal League to join their civil defense litigation group. It doesn't cost them anything. For a long time, the Municipal League wanted us to join. They charge cities per capita, that is why our cost would be over $90,000, and would go up with the next census. Our police have expressed a desire to have an independent insurance company represent and protect them. We have done that for 18 years. Our attorneys representing the police have been successful in not having to pay a judgement against the city for the cases that have been brought against our police. They have confidence in the local attorney that has been retained, as do I. The Police Department wants to stay with the private insurance company and not join the Municipal League insurance program. Since we wouldn't be getting any benefit like the other cities, then it would be only to join the Opioid Class Action and it would cost us the entire amount of money. It doesn't make financial sense for us to join. Council Member Scroggin thanked Mr. Williams for finding a way to lower the cost for the city. He spoke about the opioid crisis. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent. Resolution 40-19 as recorded in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director reminded Council Members of their joint meeting with the Board of Education on February 6, 2019. She stated on February 12, 2019 the 71B Project will have its final design studio group meeting at City Hall at 5:00 p.m. and it's open to the public. She stated Fayetteville won the competition to be able to host the 2022 Cycle Across World Championship. She spoke about the Spring Bulky Waste cleanups and adult softball registration. Information is on the city website. City Attorney Kit Williams gave a brief report to City Council about litigation issues his office is working on. There was a brief discussion about the Civil Rights Board. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 5, 2019 Page 20 of 20 Mayor Jordan thanked Kit for his work on the Civil Rights Ordinance. He thanked Council and citizens for standing up for equality in the City of Fayetteville. Cite Council Agenda Session Presentations: Agenda Session Presentation: Cultural Arts Corridor Agenda Session Presentation - FPTV (Public Access) Operations Update, presented by Dan Robinson, Executive Director of Your Media. City Council Tour: None Adi rnment:.8:05 p.m. Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov