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HomeMy WebLinkAbout2019-02-19 - 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 19, 2019 City Council Meeting Minutes February 19, 2019 Page 1 of 11 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk- Ward urkWard 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 19, 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, Mark Kinion, Matthew Petty, 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 Sarah Marsh Pledge of Allegiance Mayor'l Announcements Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion items: Fayetteville Fire Department Presentation David Dayringer, Fire Chief. Thank you for allowing us to recognize a fellow city employee for his heroic actions at the scene of a life threatening cardiac arrest. His willingness to jump in and perform CPR on a patient resulted in a life being saved. The Fire Department is honored to recognize Recycling & Trash Collection Relief Driver, Chris Richardson. On November 15, 2018 Engine 1 and Rescue 1 of the Fayetteville Fire Department were dispatched to a report of an unconscious person in the roadway. While in route, they were also advised she was not breathing. Upon arrival, the firefighters witnessed Chris performing CPR. He continued until the fire crews 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 2 of 11 set up their equipment and could take over lifesaving procedures. Prior to arrival at the hospital, the patient was revived and survived to be discharged a few days later. The actions taken by Chris to step outside the boundaries of his job was a deciding factor in the successful outcome. The Fire Department members who responded that day would like to formally recognize Chris for his quick actions in realizing the severity of the situation and saving a life with his own hands. Mayor Jordan: Well done Chris. - Agenda Additions: None Consent: - Approval of the February 5, 2019 City Council Meeting Minutes. Approved NWA OPO, LLC: A resolution to approve a five-year lease agreement with NWA OPO, LLC to rent the patio area adjoining the Old Post Office. Resolution 42-19 as recorded in the office of the City Clerk Federal and State Law Enforcement Forfeitures: A resolution to approve a budget adjustment in the amount of $71,744.00 recognizing revenue associated with federal and state law enforcement forfeitures. Resolution 43-19 as recorded in the office of the City Clerk RFQ #19-01 McClelland Consulting Engineers, Inc.: A resolution to award RFQ #19-01 and approve McClelland Consulting Engineers, Inc. as primary provider and GTS, Inc. as secondary provider of on-call materials testing services as needed through December 31, 2019. Resolution 44-19 as recorded in the office of the City Clerk RFQ #19-02 On -Call Surveying Services: A resolution to award RFQ #19-02 and approve McClelland Consulting Engineers, Inc. as primary provider and Olsson Associates, Inc. as secondary provider of on-call surveying services as needed through December 31, 2019. Resolution 45-19 as recorded in the office of the City Clerk Garver, LLC: A resolution to approve Task Order No. 12 with Garver, LLC in the amount of $30,440.00 for design, bidding and construction phase services for the Airport Airfield Beacon and Wind Cones Project, to approve the application for and acceptance of an 80/20 grant from the Arkansas Department of Aeronautics in an amount not to exceed $250,000.00, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 3 of 11 - Resolution 46-19 as recorded in the office of the City Clerk Andy and Jessica Winkelman Water Damage Claim: A resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $15,775.43 to Andy and Jessica Winkelman for a water damage claim arising at 1027 East Bonnie Lane in addition to a previous payment of $2,507.57 to ServiceMaster for water damage mitigation services. Resolution 47-19 as recorded in the office of the City Clerk Arkansas Regional Planning Commission Membership: A resolution to authorize the city's continued membership in the Northwest Arkansas Regional Planning Commission through 2023 and to approve the payment of membership dues for 2019 in the amount of $51,506.00. Resolution 48-19 as recorded in the office of the City Clerk Fayetteville Public School Cooperative Agreement: A resolution to express the intention of the City Council of the City of Fayetteville to work jointly and cooperatively with the Fayetteville Public School Board to increase opportunities for active recreation for Fayetteville residents. Resolution 49-19 as recorded in the office of the City Clerk Council Member Kinion moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. Unfinished Business: 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. At the February 5, 2019 City Council meeting this ordinance was left on the Second Reading. Council Member Kinion 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 Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he didn't have anything further to add since the last City Council meeting. Tim Brisiel, Applicant stated he was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 4 of 11 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. - Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. Ordinance 6154 as Recorded in the office of the City Clerk 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. At the February 5, 2019 City Council meeting this ordinance was left on the First Reading, Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Smith: We have the developer scheduled to talk at the Ward 4 meeting next Monday. I would like to hold this on the second reading. Will Dockery, 4149 West Bradstreet spoke in favor of the rezoning. This item was left on the Second 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. At the February 5, 2019 City Council meeting this ordinance was left on the First Reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Active Transportation Advisory Committee reviewed the request on February 6, 2019. He 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 5 of 11 stated the committee concurred with Planning Commission and staff recommending it to be vacated. Council Member Gutierrez stated the area was steep and agreed with the vacation. 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 passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Petty: I can't support this. I recognize the steepness of the terrain, which it's almost impossible to build anything that would be paved here and certainly anything for wheel travel. Sometimes we are preoccupied with cycling and automobiles. The steepness of this makes it an interesting route for people who are traveling on foot. Eureka Springs is filled with tiny passages just like this. There are many hill towns all over the planet and within Arkansas. They don't have to be tourist attractions, like in San Francisco. They can be very useful and utilitarian. Side paths for pedestrian walkways are valuable. It has a transportation function, but just not what we are used to seeing. Council Member Smith stated he agreed with Council Member Petty. He spoke about long range planning. He stated vacating because there will not be a road on it is premature. He spoke about sewer lines. Council Member Gutierrez stated it isn't in its most useful capacity that it could be. She spoke about greenspace. Council Member Kinion stated it is premature to vacate because of development opportunities around it. Council Member Scroggin spoke about grid patterns. He stated he is not in favor of the vacation. Council Member Bunch stated one day it could become a trail or connect to something else later. Council Member Turk stated it would be nice if it were connected to another network of trails. She spoke against vacating. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 1-6. Council Member Gutierrez voting yes. Council Members Kinion, Petty, Scroggin, Bunch, Turk, and Smith voting no. Council Member Marsh was absent. This item failed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 6 of 11 New Business: - RZN 18-6488 (825 W. Montgomery St./Ballard): An ordinance to rezone that property described in rezoning petition RZN 18-6488 for approximately 0.42 acres located at 825 West Montgomery Street from RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services General. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission recommends approval. The staff does not recommend approval. Council Member Kinion: There could be duplexes in the current zoning and it would take a variance for them to be setback and a variance for it to be two stories? Garner Stoll: The present zoning is RSF-4. The Planning Commission could grant a conditional use permit for one duplex. RSF-4 requires 12,000 square feet and they have approximately 15,000 square feet. Under the existing zoning, they could do one duplex. RSF-8 allows smaller lots. If you granted them RSF-8 with a trip to the Planning Commission, they could ask for a conditional use permit for two duplexes, which is what they requested in their application. Council Member Kinion: No one has requested RSF-8? Garner Stoll: The applicant originally requested RMF -6 and the Planning Commission recommended NS -G. The applicant in their letter said they wanted to build two duplexes, not more than two stories. If you use the tool in your toolbox right now, you could zone it RSF-8 and the conditional use permit process could be used to determine the number of stories and appropriate setbacks. We would like zoning by right, but without additional compatibility standards, it's a blunt instrument. I'm trying to find something to achieve the applicant's goals and ensure it's developed in a more compatible manner. Council Member Scroggin: I'm reading through letters and they reference rezoning to NC, but that's not what we are looking at. Was the neighborhood confused? City Attorney Kit Williams: NS -G is what you are considering right now. Council Member Scroggin: Was it originally NC, because it is being referenced in letters? Garner Stoll stated it was not. He stated it was RMF -6, originally. He stated members of the public who signed the petition, there were about four written letters suggesting NC. Council Member Scroggin: Would NC satisfy both the neighborhood and what the applicant wants to do? Garner Stoll: Yes, you could get there. NC is a single-family district and it would require a trip to the Planning Commission for a conditional use permit. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 7 of 11 Council Member Smith: I think single story is an unreasonably small restriction that would prevent incremental growth. Under its current RSF-4, the height limit is three stories. Garner Stoll: The requested district is three stories. Council Member Smith: Left as is, they could end up with a three-story house on that corner? Garner Stoll: Yes. Council Member Smith: It's the same or greater in all the various options we have talked about so far? Garner Stoll: Yes. Council Member Smith: You mentioned a duplex with a conditional use permit. Would a three or four plex also be available? Garner Stoll: In NC, yes. In RSF-8, no. Council Member Smith: What was some of the reasoning against the original RMF -6 request? Wasn't staff opposed to that? Garner Stoll stated staff was concerned about compatibility issues. Council Member Smith: The RMF would allow duplex? Garner Stoll: Yes. Council Member Smith: That has a different footprint and setback requirement? Garner Stoll: It would allow single family duplex, triplex, and fourplex, but it has a density cap. Council Member Petty: You mentioned compatibility issues in RMF -6, and had concerns of overshadowing. Was that the extent of your compatibility concerns? Garner Stoll: I looked at the house immediately to the west and how the building is placed on the lot, which is setback, and where the parking is located. Council Member Petty: It's in front of it. Garner Stoll: There are other options to develop this corner lot with 15,000 square feet without putting a parking lot in the front. Council Member Petty: In terms of compatibility issues, you are talking about the relevant height of the buildings? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 8 of 11 Garner Stoll: I was talking about orientation and where the parking is located. Council Member Petty: There's another tool in the toolbox. A smart developer might memorialize what they stated in their cover letter and bring us a Bill of Assurance that says what they already said in a way that we can rely on. The solution before us is a 100 days' worth of application and review time, not counting engineering and design time. That's 60 days or more for rezoning and 45 days or more for a conditional use permit. If the applicant wants to do that, then bless their heart. That can't be our solution for something like this every time something comes forward. A Bill of Assurance can't be that solution either. I'm hoping this year we can have some dedicated time for these kinds of conversations. It's not right that as soon as you put two kitchens into a unit, two stories matter more than three stories. This isn't good for the applicant, people who need housing or our own staff. I'm inclined to support the rezoning because I don't see it being problematic. Garner Stoll: I believe if the applicant agreed to NC or RSF-8, you could approve it with this application. It's advertised for a more intense district, but if the applicant agreed to a lower district, could Council approve it with this application? City Attorney Kit Williams: The City Council has a lot of discretion in rezoning decisions. You don't have to just either choose to say yes or no. You can choose what you believe is the proper zoning by viewing the neighborhood, compatibility, and city policies. You aren't bound by the request or by the recommendation of the Planning Commission and staff. You are the ultimate policy makers. Council Member Gutierrez: It is the entrance to the entire neighborhood and neighbors want it to look like their houses. Ideally, we should try and find some compromise. My neighbors are mostly concerned that they don't want a large building right there. It is a big piece of property and I could see two duplexes. If we wanted to add density, but not height, I don't know what that zoning would require. A single-family home wouldn't be awesome there. I don't know that people would want to buy a house next to a big parking lot. Teresa Youngblood, 40 West Greenwood Street spoke in opposition of the ordinance. She spoke about the Planning Commission meeting where NS -G was decided. She stated her neighborhood wants to maintain the integrity of the character of the neighborhood and not invite transitional property. Council Members Gutierrez and Kinion stated they would like to hold the item until the next meeting. This item was left on the First Reading. ADM 18-6256 (Amend UDC 161 and 166): An ordinance to amend §161.20 District R -O, Residential Office, §161.21 District C-1, Neighborhood Commercial, §161.23 District C-2, Thoroughfare Commercial, §161.25 District C-3, Central Commercial, and §166.24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 9 of 11 Nonresidential Design Standards of the Fayetteville Unified Development Code to provide a form based development option for districts R -O, C-1, C-2, and C-3. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission initiated the code changes. Matt Hoffman, Planning Commissioner spoke about the long-range Planning subcommittee that explored topics to recommend to City Council such as the proposed amendment. Matt Johnson, Planning Commissioner stated this allows a developer to build a commercial building in the conventional commercial districts in a manner that is of urban form and is in the build to zone. He stated it would allow the developer to bypass the LSD process through administrative approval through city staff. He believes this is a great win for the Planning Commission and City of Fayetteville to work in a leaner way for commercial development. Peter Tonnessen, Ward 3 stated not everybody wants to live in a walkable community. He stated he's not arguing the merits of an urban environment versus a non -urban environment. He doesn't believe it should be forced on citizens by the government. Will Dockery, 4149 West Bradstreet spoke on favor of the ordinance. Council Member Scroggin thanked the Commissioners and spoke in favor of the ordinance. He doesn't believe this will reduce a person's ability to drive. He doesn't believe it will change any of the uses. He stated people lump developers into one category. He stated developers don't need to be in one category because there are big developers and local developers. He stated this ordinance will help the smaller developers who live here. Council Member Turk stated she would like to hold the item on the first reading because of it being a significant change. She would like to see what Springdale does and to also allow the community more time to be involved. This item was left on the First Reading. H.E.M. Service Company, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve the purchase of a main body cylinder from H.E.M. Service Company, Inc. in the amount of $26,643.00 plus applicable taxes for installation in the Recycling and Trash Collection Division's Material Recovery Facility baling machine, and to approve a project contingency in the amount of $2,664.30. City Attorney Kit Williams read the ordinance. Jeff Coles, Recycling & Trash Collection Director 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 19, 2019 Page 10 of 11 Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh 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 Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh was absent. Ordinance 6155 as Recorded in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director spoke about the city announcing an emergency appeal for blood donors. She spoke about the hands on invasive species removal workshop. She spoke about free Smart Cycling classes for adults. She stated information can be viewed on the city website. Mayor Jordan stated he would be attending a Municipal League meeting. City Attorney Kit Williams spoke about filing a petition for rehearing and is waiting for their response. City Council AIends Session Presentations - Agenda Session Presentation: Startup Junkie Consulting Semi -Annual Update. Agenda Session Presentation: Fayetteville Chamber of Commerce Semi -Annual Update. City Council Tour: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 19, 2019 Page 11 of 11 Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov