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HomeMy WebLinkAbout2019-03-05 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward I 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 March 5, 2019 City Council Meeting Minutes March 5, 2019 Page 1 of 24 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 March 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, 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. Council Members Petty and Bunch arrived at 5:33 p.m. Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: 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 March 5, 2019 Page 2 of 24 Consent: Approval of the February 12, 2019 Special City Council Meeting Minutes and February 19, 2019 City Council Meeting Minutes. Approved deMx Architecture, P.A.: A resolution to approve an architectural services contract with deMx Architecture, P.A. in the amount of $90,800.00 for design, bidding, and construction administration services associated with the construction of a new fleet car wash facility, and to approve a project contingency in the amount of $9,000.00. Resolution 50-19 as recorded in the office of the City Clerk Hazmat Services Revenue: A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $3,852.00 and increasing the related expense budget. Resolution 51-19 as recorded in the office of the City Clerk Hazmat Services Revenue: A resolution to approve a budget adjustment in the amount of $11,298.00 recognizing hazmat services revenue from Washington County and increase related expense budget. Resolution 52-19 as recorded in the office of the City Clerk Axon Enterprise, Inc.: A resolution to approve the purchase of four additional four-year software licenses from Axon Enterprise, Inc. in the amount of $6,708.00 plus applicable taxes to allow City Prosecutor Division staff to access video from the Police Department's body worn cameras, and to approve a project contingency in the amount of $2,000.00 per year for the purchase of additional licenses as needed. Resolution 53-19 as recorded in the office of the City Clerk Springdale Tractor Co.: A resolution to authorize the purchase of four Kubota ZD 1211R Mowers from Springdale Tractor Co. in the total amount of $52,059.52, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Airport and Transportation Department. Resolution 54-19 as recorded in the office of the City Clerk Superior Dodge Ram: A resolution to approve the purchase of two Dodge Ram 1500 trucks from Superior Dodge Ram of Siloam Springs in the total amount of $44,636.00, pursuant to a state procurement contract, for use by the Water & Sewer Operations Division and to approve a budget adjustment. Resolution 55-19 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 March 5, 2019 Page 3 of 24 P&K Equipment: A resolution to authorize the purchase of a John Deere 630 rotary mower conditioner from P&K Equipment of Springdale, AR in the total amount of $24,482.99, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Utilities Department. Resolution 56-19 as recorded in the office of the City Clerk Williams Tractor: A resolution to approve the purchase of a New Holland 450 Round Baler from Williams Tractor of Fayetteville, AR in the amount of $32,900.00 plus applicable taxes pursuant to a Sourcewell Cooperative Purchasing Contract for use by the Utilities Department. Resolution 57-19 as recorded in the office of the City Clerk Arkansas Municipal Equipment: A resolution to authorize the purchase of a Peterbilt 520 with New Way Roto PAC Body from Arkansas Municipal Equipment, Inc. in the amount of $272,907.22, pursuant to a Sourcewell Cooperative Purchasing Contract for use by the Recycling and Trash Collection Division. Resolution 58-19 as recorded in the office of the City Clerk Bid #18-52 Doggett Freightliner: A resolution to award Bid #18-52 and authorize the purchase of two (2) Freightliner M2-106 Recycling trucks with Kann Bodies from Doggett Freightliner of Arkansas, LLC in the total amount of $343,952.00 for use by the Recycling and Trash Collection Division. Resolution 59-19 as recorded in the office of the City Clerk Fayetteville Chamber of Commerce Economic Development Consulting Contract: A resolution to approve Amendment No. 1 to the First Renewal of Contract for Economic Development Consulting Services with the Fayetteville Chamber of Commerce to provide for payment of the additional amount of $1,850.00 toward travel expenses for Chung Tan to attend the 2019 RECON Convention. Resolution 60-19 as recorded in the office of the City Clerk Crown Castle USA, Inc.: A resolution to approve a five-year land lease agreement with NCWPCS MPL 28 - Year Sites Tower Holdings, LLC, a subsidiary of Crown Castle USA Inc. with automatic renewals for three additional five-year terms for wireless communications tower space near the Township Water Tank. Resolution 61-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 4 of 24 Unfinished Business: 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 19, 2019 City Council meeting this ordinance was left on the Second Reading. At the February S, 2019 City Council meeting this ordinance was left on the First Reading. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance Garner Stoll, Development Services Director stated he did not have new information to add since the last City Council meeting. Ferdi Forry, Civil Design Engineers stated he was available for questions. Council Members Turk and Smith stated there was discussion on the topic at the Ward 4 meeting. Jim Garlock, Resident spoke about critical mass and over building. He spoke in opposition of the ordinance. Council Member Scroggin spoke about Fayetteville only being able to control what is in its borders and a little bit outside of it. He stated people want to move to Fayetteville and Northwest Arkansas and if up zones aren't allowed in the city, they move outside of the city. He stated they then drive into Fayetteville using resources such as roads, fire and police. He stated he would rather see people inside the city paying taxes that are using the resources. He stated cities grow all the time and none of them reach a critical mass and they keep growing, such as New York and San Francisco. He believes the bond will help the city to continue to grow. Council Member Turk spoke about the congestion on Wedington Drive. She stated her concerns about adding more people to the area without appropriate infrastructure. She thanked the applicant for speaking to Ward 4 citizens. She stated she's not sure if this is the right rezoning for the area due to traffic problems and it is in the middle of an established neighborhood. Council Member Smith stated across Wedington Drive is Carlsbad Terrace. He stated it's a style of duplex that matches what people are afraid of, which is a multi -family development being right next door to single family houses. He stated he doesn't think that's the type of thing they are looking at. He stated an up zone from 10 to 12 is a mild increase and could be absorbed. He stated the form they are asking for with multi family is consistent with the Wedington Illustrated Plan. He stated he's inclined to support the rezoning, but understands the concern about increased traffic. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 5 of 24 Council Member Bunch stated when Carlsbad Terrace was built it was considered the outside of town. She stated the city has a very different design standard now which will be a more modern conception and will work well. Council Member Marsh stated she is concerned this is a green field agricultural site. She stated Planning staff and Planning Commission are recommending approval. She stated it is consistent with the Wedington Complete Neighborhood Plan. She stated since they already have services running out there, she is inclined to support it. She likes the inclusion of multifamily units which helps with middle housing. Council Member Kinion stated it will be 14 additional homes and 14 is not inconsequential. He stated when looking at compatibility and the Wedington Plan, what the city currently has does fit into the plan and is at a level that allows some good development. He stated if it's increased, it creates more suburbia and moving it outside the city. He stated growth needs to be encouraged within the box and the current request is outside of the box. He stated he can't support the rezoning. Council Member Gutierrez stated she will support the rezoning because multifamily housing offers more affordable housing. She stated she is hopeful the bond will pass to help with infrastructure issues. Council Member Scroggin 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 5-3. Council Members Scroggin, Bunch, Smith, Gutierrez, and Marsh voting yes. Council Members Petty, Turk, and Kinion voting no. Ordinance 6156 as Recorded in the office of the City Clerk 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. At the February 19, 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 Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission recommends approval. He stated staff doesn't recommend approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 6 of 24 Council Member Petty stated he doesn't support NS -G primarily because of proximity and timing of the market given the relative commercial demand for services down there. He believes he would have supported the original request of the light multifamily district. He doesn't consider the setback issue much of an issue. He stated with the parcel before them, he could imagine a more forward building having some benefit in shielding other residences from the noise and light pollution associated with South School Avenue. He stated three story buildings aren't offensive or relevant to anything about health, safety, and wellbeing of the public welfare. He prefers for it to have stayed RMF -6 and stated that a smart developer would have memorialized what they already put in their letter with a Bill of Assurance. Council Member Gutierrez stated the visuals Mr. Stoll provided illustrates the issues heard from the neighbors about height and setback. She stated the stone house sets the character and tone of the neighborhood. She believes it's worth the wait to do things right and not rush. Council Member Kinion: This needs to be looked at again by the developer to see if there's a better way. I am reluctant to support this without conditions or a Bill of Assurance. Council Member Scroggin: I agree. If we deny this, can they take this back to the Planning Commission? Garner Stoll: They can't ask for the identical application. If they accepted the RSF-8, they could then go to the Planning Commission with a conditional use permit, which would also be a version of what a Bill of Assurance would accomplish. Council Member Scroggin: We would have to approve something different than what they currently have? City Attorney Kit Williams: The City Council has a lot of discretion. You can approve tonight or you can refer to the Planning Commission if you think they need to look at it again. It gives the developer another chance to reevaluate what you all have said. It's rare and we don't do that very often, but we have done it in the past. The rules allow you to refer it back to the Planning Commission if that is your desire. Garner Stoll: I had a conversation with the applicant who asked for a Bill of Assurance, which I sent to them. We discussed that it would be heard tonight. City Attorney Kit Williams: We haven't seen the Bill of Assurance returned? Garner Stoll: No. Council Member Scroggin: If there's a Bill of Assurance possibly coming, then I want to wait. Mayor Jordan: Yes, we can look at this again in two weeks. Council Member Marsh: I lean towards RMF -6 or NS. Normally, I support a mixed-use project this close to South School Avenue, but this property doesn't front on South School and comes to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 7 of 24 the access road. I don't believe commercial uses are appropriate. I would like the applicant to pursue the idea of multifamily housing to provide diversity in the area. I want to hold this on the second reading and give the applicant time to reconsider. It was discussed that the applicant was not in attendance. James Oliver, Neighborhood resident spoke about parking, property values, and drainage concerns. He spoke in opposition of the ordinance. Tony Wayne, Graywood Street stated his preference would be for it to be a single-family dwelling. He spoke in opposition of the ordinance. Teresa Youngblood, 40 West Greenwood Street spoke about the history of her neighborhood. She spoke about traffic concerns. She stated her neighborhood is not a good candidate for aggressively increased density. She spoke in opposition of the rezoning. Council Member Smith: We've talked about other options besides the NS -G proposal. What are your thoughts on some of the other diagrams you've seen? Do you have any preferences that you would favor over the others? Teresa Youngblood: I do. The last of the layouts that Mr. Stoll provided matches the neighborhood, still allows for increased density and allows more visibility around the turn. It seems much more compatible. Council Member Smith: We probably aren't going to decide on this tonight. It would be productive next time if we all had a chance to look at the variations. Linda Baker, Neighborhood Homeowner stated she would prefer single family homes. She spoke in opposition of the ordinance. Robert Davis, Neighborhood Homeowner stated he is favor of preserving the neighborhood the way it is. He spoke in opposition of the ordinance. This item was left on the Second 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 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. At the February 19, 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 Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 8 of 24 Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent during the vote. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: Thank you to the Planning Commission for bringing the item forward. This is a very good option they are providing for developers. However, in the applicability portion of this, it's for all non-residential designs. There are certain non-residential designs that we don't have the authority to control, not for aesthetic purposes anyway. Religious institutions enjoy protections of the First Amendment of the U.S. Constitution that ordinary residential, commercial, and office developments do not. We need to be careful so we don't infringe on the free exercise rights granted to religious institutions. The U.S. Supreme Court in 2017 was deciding a case on religious First Amendment rights. They said it was too late in the day to doubt that liberties of religion and expression may be infringed by the denial of or placing conditions upon a benefit or privilege. When we grant a building permit or a development permit, it is granting a privilege. We can't place restrictions that would impede the First Amendment. The free exercise clause protects against indirect coercion or penalties on the free exercise of religion and not just out right prohibitions. Our Unified Development Code was clearly enacted with no animus towards religious institutions and seeks to treat all development applications equally and fairly. However, such facial neutrality may not always save the city from litigation if an applicant believes that the use of portions of the UDC to force undesirable design of a facilities have discriminatory affect upon their religious expressive rights. In 2011, the Ninth Circuit Court of Appeals case said, "For a religious institution having a place of worship is at the very core of the free exercise of religion. Churches and synagogues cannot function without a physical space adequate to their needs and consistent with their theological requirements. The right to build, buy or rent such a place is an indispensable adjunct of the core First Amendment right to assemble for religious purposes." When it comes to aesthetic conditions, we cannot place those upon religious institutions. You can look at a church and know it is a Christian church. The building is an expression of the congregations' religious faith. We have to shy away from trying to place any kind of restrictions on the aesthetics. It doesn't mean we can't have reasonable restrictions on the structural soundness, electricity and plumbing. I have a proposed change to add some exceptions for the nonresidential design standards. I would add religious institutional buildings, public school buildings, and buildings owned by federal, state or county governments. The reason for the schools is that there is a state statute that requires every public school that is built in the State of Arkansas must be approved in its design by a state agency. The city is the low rung of power when it comes to government power. We can't impose our will upon the federal, state, and county governments. Council Member Petty: I am skeptical that this would be the right amendment to make. We have made a mistake in thinking the non-residential design standards are merely about aesthetics. The purpose section talks about aesthetics. It also talks about these regulations being necessary to produce a high-quality development that responds to the needs of pedestrians, cyclist, and vehicular traffic. It leaves the door open that there might be other reasons for some of these standards. One of the reasons we require windows to be of a certain size is for safety. It's important that entrances be located facing the street instead of away from the street for safety. There are standards in the section for non-residential design standards that are a majority of aesthetic, but I don't think that's the case for the entire section. We should treat property owners equally, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes March 5, 2019 Page 9 of 24 regardless of who they are. The Washington County Courthouse Annex is an example of a building that does not comply with our current non-residential design standards and it is less safe. These issues apply to schools as much as they do any other government facility. I'm not certain why we would exempt them just because there is approval required from another agency. We have other proposals come forward that require joint approval with other jurisdictions. I don't think we have anything that would prevent religious ornamentation on a building. I think our sign ordinance might restrict the size of the ornamentation, but we don't have anything else affecting that. These design standards talk about windows, entrances, and materials. I worry a blanket exemption for churches would open the door to claims of religious exemption that might be a step too far or might be disingenuous. I would rather see religious applicants who have a legitimate problem with the design standards come and seek out an exemption in a hearing, which I think we would be quick to grant. City Attorney Kit Williams stated the four pages of design standards include many things. He read many of the standards, which talks about aesthetics only. He stated most churches have a large auditorium where people congregate. He stated the church may not want a couple of different entrances from the street right into the chapel or meeting place. He stated there are a lot of good standards to be applied to commercial and office buildings, but these are aesthetic standards he fears are very inapplicable for churches and should not attempt to apply them. He stated the vast majority of the design standards are aesthetics, were designed to be aesthetics, and is the primary purpose. He stated all landowners are not the same because federal and state governments do not have to comply with the city's ordinances. He stated his proposed amendment is the right thing to do and it would be improper to force the city's will on superior governments or schools. Council Member Petty stated he's pushed Planning staff and the Chief of Staff to put revisions to the standards on a legislative agenda for at least two years. He stated some thresholds in the design standards are too high, need to be reduced, and in some cases eliminated. He stated these standards, while they bare a closer look in terms of what they are requiring, they also bare a closer look in a more opened mind in terms of their true impact. He stated standards that seem like they are only aesthetic may have more purpose to them. He spoke about global street research. He stated the standards aren't only aesthetically oriented or only oriented to health and safety. He stated he might be convinced the city shouldn't regulate federal, state or county governments, but there is a what's good for the goose principle for local government and the city design standards. He stated a religious applicant may not want to do multiple entrances on the street, but that's not a high enough standard for a religious exemption. He stated it has to impact their ability to worship faithfully. Council Member Smith stated he shares a lot of Council Member Petty's skepticism. He stated there are religious institutions using strip malls that were formally built for commercial use. He stated there are churches that have vacated their worship centers and turned them into condos. He stated buildings last longer than uses. He requested to know if a group wanted to claim a faith based reason why they couldn't have front entrances and required entering through the back of the building, would that give them grounds to apply for a variance due to a hardship. City Attorney Kit Williams: I'm not sure. I think the problem is once you say you can apply standards that their purpose says to produce a visually interesting and high-quality development 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 10 of 24 that responds to the needs of pedestrians, cyclist, and vehicular traffic, when the facility is supposed to respond to the congregation inside and their religious values. They shouldn't have to come to the City Council or Planning Commission to explain their religious values and why they need to have a church look a certain way. Government and church need to stay apart. The wall of separation between government and religion is very vital for our country. We should not apply these standards to religious institutions. Council Member Smith: I appreciate the distinction, but it may be a bigger task than we are going to be able to tackle with design standards. The exemption applies to our form based zones or form based development in our conventional zones, but not to conventional development in a conventional zone that goes through the normal Planning Commission process. Am I missing that? City Attorney Kit Williams: No, you are not missing anything. There are no design standards for churches within, except for right here. I think it fell in by mistake. There was talk years ago about commercial design standards and it was decided, no. I did a substantial memo at that point to show that we can't do that and it is beyond our power. There's not any other design standards I'm aware of in our code that would apply aesthetic conditions to religious institutional buildings. If there are any, I need to know about it because I want them removed. Council Member Smith: These design standards we are talking about do not apply to conventional development in a conventional zoning, currently? City Attorney Kit Williams: These are nonresidential design standards, so everything that's not a residential building, these standards apply too. I didn't catch it at first, but that means it applies to government buildings, churches, and schools. It's not right, we can't do that and that's why I brought it back to you. Garner, I don't believe there are any other standards that are aesthetic standards that apply to churches in our code. Garner Stoll, Development Services Director: It's nonresidential design standards, but it's broader than just the issue the Planning Commission brought to the table. There are other districts that require form based conformance. These were the districts where form based is an option. In those districts, the churches could choose conventional development and they wouldn't be subject to the nonresidential design standards. If they do choose the form based, then they would be subject to it unless the exemption that you speak too. This issue is broader than just those four districts. The way I'm reading the amendment, it would exempt the churches. City Attorney Kit Williams: No. The amendment says, these design standards shall apply, with the exception of these districts located within a downtown master plan boundary, religious institution buildings, public school buildings, and buildings owned by the federal, state, and county governments. This is referring only to the nonresidential design standards. Garner Stoll: Churches are also allowed in the Community Services District and the Neighborhood Services District. City Attorney Kit Williams: What kind of design standards are applied there? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes March 5, 2019 Page 11 of 24 Garner Stoll: Commercial design standards and nonresidential design standards. City Attorney Kit Williams: If that is true, then that needs to be changed also. We can't apply aesthetics standards. We can apply some standards, like form based zones where the building must be located, not the construction of the building. Garner Stoll: It's my understanding you have generally already done that. My point wasn't that you haven't written it correctly. My point was it implies broader than the just these four districts the Planning Commission is wishing to amend to create a shortcut. City Attorney Kit Williams: When I became City Attorney in 2001, I attended a Planning Commission meeting and commercial design standards were being applied to a church. I had been on the City Council when we enacted the commercial design standards and my belief was that was for commercial buildings, not churches. I didn't say anything that night and it got approved. I researched it and went to the City Planner and explained these can't be applied to religious institutions, and they were not again. When the issue came up again about nine years later, I wrote a memo saying you can't do that and you can't do it to schools. We've gone too far when we say what the building is going to look like. Garner Stoll: I understand the point. We think you have made a broader amendment with your argument. I think it's appropriate and I'm not arguing against it. I think it applies to all the nonresidential design standards in all the districts because this is a general amendment regarding the applicability. City Attorney Kit Williams: It is my opinion we can apply these to churches no matter where they might be found in the Unified Development Code. Council Member Smith: Garner, your office would be the interpreters of the UDC. Without the amendment, there's a path for a church to go through a development approval that does not impose these design standards on them. Garner Stoll: Yes, in these four districts the Planning Commission initiated. They can do a conventional development. They have to meet the setbacks. They can't bring the building up to the street. Council Member Smith: Have we ever had a religious institution or school that ran into these as a problem they thought were unfairly imposed? City Attorney Kit Williams: The only memory I have of any church going through a design standard was that first meeting I had with the Planning Commission. They went through it and they approved it. Just because somebody doesn't know their rights, doesn't mean we should not honor the constitutional rights they do have. We all took the oath to follow the constitution and you follow it, even if you don't get called on it. I want our code to be clear that we are going to honor those rights. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 5, 2019 Page 12 of 24 Council Member Smith: I am concerned we are looking for a problem that we just don't have. The Arkansas School Facilities Manual is clear that their focus is ensuring equitable space for delivery of educational activities. Most of the schools they review for the state are in rural settings. Their design concerns are not anywhere near the same as our design concerns in an exterior place setting. For school buildings, it is appropriate for them to meet both sets of design standards. Council Member Marsh: I have an issue with the exemption for religious institution buildings. It's important that we stop using the word, churches. We have other religious institutions in this community than just churches. It seems like it would be convenient to claim this religious exemption, construct a building, move somewhere else, and then repurpose the building to be something else. This is a complicated issue and I would like to refer this to the Ordinance Review Committee. There was a brief discussion about having an Ordinance Review Committee meeting. Don Marr, Chief of Staff. This discussion is about nonresidential design standards, but we recently went through a discussion at the state level about residential design standards. As a person whose been there listening to this debate, a question was asked over and over as to why cities have these aesthetics design requirements. It's important when we start looking at our code that we not only look on our residential side because of this new law, but we need to do it here in case the law ever is expended. It is a task that is on a list and Council Member Petty continues to talk with us about this. We've had a tremendous work plan and many master plans going on in Planning. We should be able to answer a question from a state legislature about why we have such a requirement, what it gains us as a community when we have a pure aesthetic requirement, and which ones really aren't aesthetic. Council Member Gutierrez requested clarification about the standard items process. City Attorney Kit Williams: All the standard things must be there to make it safe. Council Member Gutierrez: Those things are very important. We need to listen to Kit and his legal counsel. We could put ourselves in a bad position if we don't go ahead and think about putting this in there. Kit is looking at it from a protection stand point. We need to be proactive and not put a standard on a religious institution because it is a First Amendment situation. Council Member Petty: If our concern is the applicability of standards that aren't aesthetic, we need to reconsider all our setbacks and minimum lot widths. It's the building codes that have research behind them that say how much buildings need to be separated to prevent loss of life or property. Our own zoning standards from minimum lot width, lot size and setbacks are things we invented and copied from other communities. It has nothing to do with health, safety, and welfare. It only has to do with aesthetics. Peter Tonnessen, Ward 3 stated taking form based zoning city wide should be the subject of a referendum for notice to the people. He spoke about enjoying suburban and single-family living. This item was left on the Second Reading and sent to the Ordinance Review Committee. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 13 of 24 - New Business: Underwood Family Trail License Agreement: A resolution to approve the attached Trail License Agreement with the Underwood Family Real Estate Limited Partnership and to thank the Underwoods for generously allowing Fayetteville citizens to use some trails on their property. Ken Eastin, Park Planner gave a brief description of the resolution. He recognized Mr. Craig Underwood for his generosity and expressed appreciation from the City of Fayetteville. Craig Underwood: Our entire family is pleased we are able to share this with the City of Fayetteville and the Northwest Arkansas community. My dad purchased this property in the 1970's when Crossover Road was a gravel road. We have enjoyed the property for many years and we are thrilled that people are going to be able to use the hiking trails. Nestled in the woods is a beautiful cliff line that people have never seen. It is the namesake for the Cliffs Apartments. The land has brought an enormous amount of enjoyment to our family. We hope other people will enjoy it as much as we have. Council Member Gutierrez thanked the Underwood family. She spoke about the spectacular view of the bluffs. She spoke about educational opportunities the land will offer. Mayor Jordan: Thank you to the Underwood Family. You have been a great partner for the city. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 62-19 as recorded in the office of the City Clerk SolSmart Solar -Friendly Community Program: A resolution to express the Fayetteville City Council support for the city's participation in the SolSmart Solar -Friendly Community Program. Peter Nierengarten, Sustainability Director gave a brief description of the resolution. He stated the Environmental Action Committee voted unanimously to support the resolution. Mayor Jordan thanked everyone for their work on the program. Council Member Kinion moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh and Kinion voting yes. Council Member Petty was absent during the vote. Resolution 63-19 as recorded in the office of the City Clerk RZN 19-6524 (2827 E. Whippoorwill Ln./Roth Family Partnership): An ordinance to rezone that property described in rezoning petition RZN 19-6524 for approximately 2.14 acres located at 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 14 of 24 2827 West Whippoorwill Lane from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated there were some citizen concerns. He stated Planning Commission and staff recommend approval. Justin Reed, Bates & Associates stated he was available for questions. Brad Brown, Roth Family Representative stated he was available for questions. Council Member Scroggin: If it was left RSF-4, that pond could be removed? Garner Stoll: Yes. The future of the pond is neutral to whether it's RSF-4 or RSF-8. Council Member Smith: I've gotten a lot of emails about this. Fundamentally, the question comes down to how much control should we exert over other people's property. I usually favor more over less. Land use impacts don't stop at the parcel boundary. Whole sale refusal of compatible and incremental development has an impact too. The impact spreads out over the whole city. When one area is deemed off limits, then other areas have to pick up the slack. The pressure builds up enough where somewhere we get a development that's more monumental than just incremental. It usually happens in a lower income neighborhood where the residents don't have the time, resources or political capital to stop it. I lean towards incremental density increases because RSF- 4 is mathematically unsustainable at our current growth rate. I invite neighbors to offer suggestions for how we can absorb a growing population and address our core problems in more compatible ways. Brandon Cate, 3045 Inwood spoke in opposition of the ordinance. Ray Parker, 2965 Inwood spoke in opposition of the ordinance. Dub Ashton, 3041 Whippoorwill Lane spoke in opposition of the ordinance. Rick Churchill spoke in opposition of the ordinance. Ann Justiss, 2850 Inwood Lane spoke in opposition of the ordinance. William Justiss, 2850 Inwood Lane spoke in opposition of the ordinance. Eileen McGarry, 2976 Whippoorwill spoke in opposition of the ordinance. Laura Cate, 3045 Inwood spoke in opposition of the ordinance. Chris McGinnis, Inwood Lane spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 15 of 24 Council Member Kinion stated community engagement is important. He spoke about current zonings and compatibility in the area. He requested to know if Mr. McGinnis thought houses on Setter Lane and Hunters Ridge, which are RMF -24, destroy the neighborhood. Chris McGinnis stated he didn't know about the zoning and numbers in that area. He stated on Setter there's house after house all down the street. He stated when you get to Whippoorwill, it's historic and not that way. Council Member Kinion: On the north side of Whippoorwill it is RMF -24, which it's a much higher density zoning than what we are looking at to change. I know you have to protect your neighborhood, but I want to be pragmatic when I look at the real impact in the future. Chris McGinnis: This sets a poor precedent. Rick Churchill, Stardust Lane gave a brief description of the Stardust area. He stated if high density is put at the entrance of the old subdivision, it will change the complexion of the subdivision. John Wisdom, 2825 Inwood Lane spoke in opposition of the ordinance. There was a brief discussion about drainage and drainage management. Council Member Kinion: In looking at the topography, this is critical. Garner Stoll spoke about the drainage area that interfaces with the pond. He stated the drainage from the area goes to the pond. Council Member Kinion: If the pond was gone or surfaces there, it's going to add more volume and velocity. Doesn't that have to be contained somehow? Garner Stoll: This is downhill. Council Member Kinion: It would run down and if there was a lot more surface, we would get more volume. Garner Stoll: Yes, it would probably increase. Council Member Kinion: That's probably the most valid reason because this is critical property when looking at the topography and runoff. We have a problem with drainage in this area. I thought there would have been a something to manage this critical element of the specific topography, hydrology, and geography we are faced with on these lots. The pond is critical in managing the volume and the velocity. There has to be infrastructure to manage this because there's a lot of water coming through there. Council Member Marsh: Garner, would you say that RSF-8 zoning has more, less, or the same storm water runoff requirements as the existing RSF-4 zoning? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 5, 2019 Page 16 of 24 Garner Stoll: The zoning district is neutral to that question. The question is, can they do a lot split. Council Member Marsh: Right, but the zoning is neutral to that question and it has no effect on the degree of protection from runoff that would be required. Garner Stoll: My point was, if they met the threshold where they would have to do a plat other than a lot split, our storm drainage detention requirements would kick in. Cindy Murray, 1667 Stardust Lane spoke in opposition of the ordinance. Bill Reagan, Huntsville Road stated his mother-in-law lives on Inwood and he spoke in opposition of the ordinance. Keith Webb, 2939 Inwood spoke in opposition of the ordinance. Chuck Rutherford, 3009 Whippoorwill Lane spoke in opposition of the ordinance Trudy Mosblech, Inwood Lane spoke in opposition of the ordinance. Council Member Marsh stated they are not allowed to consider any specific development proposal because they are making a land use decision. She stated when they rezone something, that zoning stays, whether the developer goes forward with their plan or a new developer goes forward with their plan. She stated in Northwest Arkansas, they are expecting 50,000 new residents over the next decade and that's if they maintain current growth levels. She spoke about land use perspectives, maintaining open space, protecting the natural environment, infrastructure, transportation needs, demographics of households, and economic climate. She spoke about the 2030 City Plan. She stated to the north there is RMF -24 and to the south is RSF-4. She believes the RSF-8 zoning has more in common with the RSF-4 on the same side of the street than it does with the RMF -24 and is a reasonable transition between the two zones. She stated it is an appropriate development. She spoke about new construction being built to much higher standards than it was in the past and would protect exiting neighborhoods. Council Member Scroggin stated they need to look at what happens as the city grows and is RSF- 4 going to work in the future. He stated Los Angeles is mainly RSF-4. He spoke about traffic jams in Los Angeles lasting up to 75 minutes. He stated the traffic in LA is coming from zoning RSF- 4. He spoke about the traffic on Crossover Road. He stated it is important to address flooding in the area and drainage issues. He stated he wants the diversity and income to be diverse, but doesn't want houses to flood. Council Member Kinion stated one of the areas with a high incident reporting of flooding is Stardust Lane. He stated it runs from Stardust Lane into an area across from Crossover and there are two critical areas across from that. He stated the city had to pay a considerable amount of money from the drainage of Lovers Lane to correct the water problem when the water tower was put in. He encouraged citizens to look at the 2018 Drainage Improvement Plan on the city website. He doesn't think the density going from RSF-4 to RSF-8 is impossible to manage. He stated RSF- 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 17 of 24 8 could be a protection if the property were appropriate in managing the infrastructure, drainage, and delivery of services. Council Member Bunch spoke about the covenants in the neighbors' subdivision that was built in 1968. She stated it is a challenge to enforce covenants if they have not been kept up over time. She stated there have been many changes in Fayetteville over the years and everything can't stay the same. She spoke about the demographics of people who could utilize RSF-8 housing. She _ spoke about traffic and other people who live in different cities who will take Crossover Road. She stated drainage is a concern. She stated the pond is beautiful, but does not embrace the idea it should stay a pond forever or not be developed at a little bit higher density. Council Member Smith believes some of his earlier comments were interpreted as fast growth now, quick dollars now, and have more people here now. He stated that's not a desire, but is a reality. He stated people are coming and the city has to have a place to put them. He stated when housing is not built for people who are coming to Fayetteville, the scarcity drives up cost. He briefly went over RSF-4 statistics of zoning in the city. He stated five people are moving to Fayetteville every day. He stated at the RSF-4 standard, an estimate of 500 new housing units in a year is what you have to have to accommodate that number of people arriving. He spoke about how much green space would be needed for that amount of people in RSF-4. He stated RSF-4 is not a sustainable standard for the city at the current rate of growth. He stated RSF-8 is still a small scale. He spoke about storm water infrastructure. Council Member Turk spoke about growth and neighborhood integrity. She stated the city needs to deal with climate change and storm water issues. She stated she is concerned about drainage and traffic. She stated she doesn't want to add any more density to the existing neighborhood. She stated when someone buys a piece of property, they can't assume they are going to automatically get a rezoning change. She stated she will not support the rezoning change, unless something dramatically changes between now and the final vote. Council Member Bunch spoke about Fayetteville before zoning regulations were enacted. She stated zoning gets changed all the time and is not uncommon. She stated it's not unrealistic to buy a piece of property and ask for rezoning. She stated she would like to hold the item. Council Member Gutierrez thanked citizens for showing up to the meeting. She stated citizen voices needs to be balanced with growth. She stated density needs to be moved towards 71 Business, which could create a potential corridor for a lot of public transportation and amenities. She stated she is not supporting the rezone. Council Member Petty stated he heard citizens talk about safety concerns of children who might occupy the constructed homes. He wanted to know if Setter Street needed to be evacuated because it is constructed in much the same manner as what is proposed. He stated not to trivialize it, but the relative safety of children is not a core issue with the current proposal. He spoke about developer profits. He stated every neighborhood in the city was built for profit and was built to maximize profit. He requested to know if the rezoning was denied, would there be anything to - prevent the pond from being filled in and a house constructed over the top of it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 18 of 24 Garner Stoll stated no. Council Member Petty stated people his age are going to be on the business end of climate change for the rest of their lives. He spoke about land use patterns and growth. He stated housing precedes commercial development. He stated he isn't against single family construction, but is against single family exclusive zoning. Council Member Kinion stated when thinking about the water and pond, one house is not going to have as much impermeable surface unless it's a mighty big house, then eight houses. Don Marr, Chief of Staff stated the city is updating the 2030 Master Plan. He stated one of the challenges is the city is in the beginning stages of a true community debate about density, infill, new urbanism development, and neighborhood integrity. He spoke about the city's growth and the city has limited land. He stated the demographics have changed. He spoke about renting versus owning and good neighbor aspects. He stated supply and demand determines price. He spoke about greenspace needs. He stated we are having discussions about storm water because of the impact that growth is having on us from a water quality and runoff perspective. He stated we are seeing changes in the community and it requires the development community and people who are buying property. He spoke about one's property right impacting another person's property right. He requested for citizens to be engaged in the 2030 Master Plan conversation. Mayor Jordan thanked everyone for their attendance. This item was left on the First Reading. RZN 18-6523 (504 W. Prairie St./Peters): An ordinance to rezone that property described in rezoning petition RZN 18-6523 for approximately .99 acres located at 504 West Prairie Street from I-1, Heavy Commercial & Light Industrial to RI -U, Residential Intermediate -Urban and DG, Downtown General. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Mike Baumann, Applicant, 414 North Walnut stated he was available for questions. Council Member Petty: I am going to recuse from the discussion of the vote. I have property very close to this and the decision will directly impact us. City Council Smith stated he's going to have a hard time supporting any rezoning in or adjacent to a proposed arts corridor that does not allow for arts production facilities. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes March 5, 2019 Page 19 of 24 Council Member Marsh stated she agreed with Council Member Smith's comment. She stated she is concerned the requested zoning is not of the appropriate density or use for a parcel adjacent to the cultural arts corridor. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion failed 5-2. Council Members Scroggin, Bunch, Turk, Gutierrez, and Kinion voting yes. Council Members Smith and Marsh voting no. Council Member Petty recused. This item was left on the First Reading. RZN 19-6525 (509 E. 15th St./LDR Enterprises, LLC): An ordinance to rezone that property described in rezoning petition RZN 19-6525 for approximately 2.37 acres located at 509 East 15th Street from RMF -24, Residential Multi -Family, 24 units per acre to I-1, Heavy Commercial & Light Industrial. City Attorney Kit Williams read the ordinance Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Andy Hooper, Bates & Associates stated he was available for questions. Council Member Smith: In the year I've been a Council Member, we have not done a lot with industrial zoning. Where is the cutoff between an I-1 and I-2? Garner Stoll: The official title of this is Heavy Commercial & Light Industrial. The intent of the district is not to allow what used to be smoke stack industrial or heavy industrial uses, but light manufacturing. If they have external impacts like air pollution, they wouldn't be allowed. Council Member Turk: What is to the east and west of this property? Garner Stoll: Immediately to the west is a foundation that's using it as an office building. The dairy is located at this location. Council Member Scroggin: Is more than half of this in a flood zone? Garner Stoll: Yes. Council Member Scroggin: Are there any rules for chemicals in flood zones or environmental _ concerns? Garner Stoll: I am not sure. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 20 of 24 Council Member Scroggin: Are there any rules about what chemicals can be stored in flood plains? Roger Leacy, Agent for the Owner of the Property stated at this point there is no manufacturing going on. He gave a brief description of the property and the flood plain. Council Member Scroggin: It would be great if the flood zone is parking instead of people or chemicals. Council Member Smith: Are there additional environmental regulations in a flood zone that prevents potential contaminants in an industrial process? - Roger Leacy: I don't have the answer to that. Garner Stoll: They would be subject to our water detention requirements, it would be subject to the Large -Scale Development process, and our water quality standards. There was a brief discussion about Opportunity Zones. Council Member Turk: If there was an industrial operation, is there a way to find out about the permitting requirements? I don't know if staff or the applicant would do that. It would be important to know. Roger Leacy: The whole parcel is about 2.3 acres. Half of it's in a flood zone, so the other half of whatever is going to be on there is going to be about an acre. The environmental requirements are already in place to keep it from going into the water. It's never flooded. Council Member Turk: Are you saying you would have to go through a permitting process with ADEQ or EPA if you were going to put something like a transmission shop there? Roger Leacy: It would go through code enforcement in the city and ADEQ has requirements that you would have to comply with. Council Member Marsh: The zoning request is reasonable and fits well with the context of the neighborhood. I would feel a lot better about this if we were presented with a Bill of Assurance prohibiting Use Units 27 and Use Unit 18, which are underground storage tanks and gasoline service stations. It would alleviate my concerns about water pollution. We aren't allowed to ask for a Bill of Assurance. Council Member Kinion: Regulation 2 from ADEQ is what manages the industrial. We also have a part of our code that is matched up with that. Council Member Turk: I know about Regulation 2, but I didn't know about their industrial portion of it. Council Member Kinion: I think it's all covered. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 21 of 24 City Attorney Kit Williams: Keep in mind that this is very close to the south Industrial Park, which borders the West Fork. We are not strangers to making sure manufacturing does not pollute our waters. Council Member Marsh stated she would like to leave the item on the first reading to have more time to research the water implications. This item was left on the First Reading. 699 North Sang Avenue Damage Claim: An ordinance to waive the requirement of formal competitive bidding and to approve payment in the amount of $7,590.04 to Temple Shalom of Northwest Arkansas and $27,926.73 to ServiceMaster by Quality Restoration for a sewer damage claim at 699 North Sang Avenue. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations Manager gave a brief description of the ordinance. Council Member Kinion: It was forwarded here from the Water & Sewer Committee with a unanimous recommendation for approval. City Attorney Kit Williams: You have used ServiceMaster many times before? Mark Rogers Yes. We try to rotate at times if we can for other available companies. Part of the decision of who to call, is who can best respond quickly. The longer it takes to take care of the problem, the worst it is. 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 Scroggin 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 6157 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-6323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 22 of 24 Riggs Power Systems: An ordinance to waive competitive bidding and accept a quote in the amount of $87,495.00, plus applicable taxes, from J.A. Riggs Tractor Company d/b/a Riggs Power Systems for the purchase and installation of a replacement bi-fuel system for the Genset electrical power generator at the Noland Wastewater Treatment Facility. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations Manager gave a brief description of the ordinance. He stated it was heard at the Water & Sewer Committee and unanimously voted to forward to City Council. Council Member Kinion spoke about the piece of equipment. - 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 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. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6158 as Recorded in the office of the City Clerk Automatic Engineering: An ordinance to waive competitive bidding and to accept a repair quote of $140,452.33, plus applicable taxes, from Automatic Engineering to repair four agitator gearboxes for the Paul R. Noland Wastewater Treatment Facility. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations Manager gave a brief description of the ordinance. He stated it was heard at the Water & Sewer Committee and unanimously voted to forward to City Council. City Attorney Kit Williams: How much are the new ones? Council Member Kinion: It would have probably been $400,000. This is the way to do it. Mayor Jordan: This is showing good stewardship of the tax payers dollars. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 23 of 24 Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Scroggin 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 6159 as Recorded in the office of the City Clerk West Fork Sanitary Sewer Service: A resolution to approve the attached 15 -year contract for - sanitary sewer service between the cities of West Fork and Fayetteville in which Fayetteville will accept and treat West Fork's sewerage in our Noland Wastewater Plant. City Attorney Kit Williams gave a brief description of the resolution. He stated this is a good contract. Don Marr, Chief of Staff Stated this is supported by Beaver Water District and encouraged to the city by the ADEQ because of the challenges West Fork has had with their treatment facilities. He stated this would drastically improve the West Fork and White River. Mark Rogers, Water & Sewer Operations Manager stated the City of West Fork currently owns and operates its complete Wastewater Collection System and their treatment facility needs improvement. He stated it's more economical for West Fork to pay the City of Fayetteville to accept, treat and discharge their sewage collected by West Fork. He stated the City of Fayetteville's Noland Plant has sufficient capacity to accept and treat the waste water from West Fork. He stated West Fork will be responsible for constructing a sewer pumping station, all piping, and conveyance facilities required to deliver waste water from West Fork to the point of connection to Fayetteville's sewer collection system. He stated the amount of flow from West Fork is a very small effect. He stated it was heard at the Water & Sewer Committee and unanimously voted to forward to City Council. Council Member Turk: This is great and I commend you all for the work put into this. How long will it be before West Fork taps into Fayetteville's sewer line? Mark Rogers: Their construction projects are expected to take a year. Before they can start the construction, they will have to secure 17 easements. It will be a quite a while before we start receiving their sewage. Don Marr: We don't have an estimated time frame from them. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 5, 2019 Page 24 of 24 Council Member Petty: Are we taking ownership on any of the infrastructure involved to receive this sewage or are we merely receiving it and processing it? Mark Rogers: We are merely receiving it. We will take over operation of the lift station when it is completed. Our only investment is running the pump station. Don Marr: Unlike Farmington where we own infrastructure, this is more like Elkins where we have a mass meter taking items in. We wanted control of this lift station because we have learned from our relationship with other cities that if they are not maintained, then we have other issues. Council Member Smith: Do we get any sort of mitigation credits or other consideration from ADEQ for taking on a neighboring towns problem? Don Marr: No. Council Member Kinion moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 64-19 as recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff spoke about LED light installation taking place at Wilson Park. He spoke about the city contracting a specially -outfitted white van that is driving Fayetteville streets surveying roads. He spoke about the Spring Clean Up and information can be viewed on the website. Mayor Jordan spoke about his trip to Washington D.C. City Council A ends Session Presentations: City Council Tour: None Adiou meat: 10:03 p.m. LU meld J an, ayo Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov