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HomeMy WebLinkAbout2019-03-19 - 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 March 19, 2019 City Council Meeting Minutes March 19, 2019 Page 1 of 18 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 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 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 Members Sonia Gutierrez and Matthew Petty Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. A copy of the report is attached. Council Member Bunch moved to approve the Nominating Committee Report. Council Member Marsh seconded the motion. Upon roll call the motion passed 6-0. Council Members 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 2 of 18 Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Chairman Richie Lamb will be oresenting the annual report from the Parks and Recreation Advisory Burd at the City Council meetine. Richie Lamb, Chairman of the Parks and Recreation Advisory Board briefly presented the annual report from the Parks and Recreation Advisory Board. He stated an item was coming up on the agenda later and the board recommends approval. He thanked the Nominating Committee for selecting the three new members for the Parks and Recreation Advisory Board. Mayor Jordan thanked the board for the work they are doing. Agenda Additions: Senate Bill 550: A resolution to express the City Council's support of clean water and opposition to Senate Bill 550. Council Member Turk moved to add Senate Bill 550 to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the resolution. Council Member Turk stated the bill takes away the Arkansas Department of Environmental Quality's 20 plus years of authority on liquid animal manure operations and moves it to the Arkansas Natural Resource Commission. She stated ANRC has no experience, does not permit liquid waste facilities, and only provides certificates. She stated ANRC does not have the staff and technical expertise to be able to have oversight on liquid manure operations. She stated the city's clean water will be graded, there will be a lack of monitoring, and lack of oversight. She stated there's cause for concern for the region because the city gets all their drinking water from Beaver Lake. She stated there won't be the necessary regulations to prevent high phosphorous levels and other things that might come out of liquid manure operations that aren't properly managed. Don Marr, Chief of Staff thanked Council Member Turk for bringing the item forward. He stated this is very concerning to our partners. He stated the City of Springdale has taken the position to oppose the bill. He stated it has detrimental and long-lasting effects to water quality. Mayor Jordan: This is one of the worst pieces of legislation I have seen in a while. You need to protect water and air standards. I am not in support of this bill. Council Member Kinion, Water, Sewer & Solid Waste Chair stated the committee has worked hard to make sure the city is in compliance with ADEQ standards and exceeds the standards. He 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 3 of 18 stated the city has worked on stream side protection and additional measures. He stated the bill would completely override any improvements that were made by allowing animal waste to get into the watershed. He spoke about the critical impact on smaller watersheds that will eventually lead to the city's drinking water. He spoke about how it could negatively affect tourism and the drinking water standards. Council Member Scroggin thanked Council Member Turk for bringing the item forward. He stated it's important to stop it. Mayor Jordan: Thank you to Teresa Turk for bringing this forward. A discussion followed about how citizens can contact the legislature. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Resolution 65-19 as recorded in the office of the City Clerk Consent: Approval of the March 5, 2019 City Council Meeting Minutes. Approved Graybar Electric Company, Inc.: A resolution to approve the purchase of six (6) critical spare circuit breakers for the West Side Wastewater Treatment Facility from Graybar Electric Company, Inc. in the amount of $57,725.00 plus applicable taxes, pursuant to a U.S. Communities National Cooperative Purchasing Program contract, and to approve a budget adjustment. Resolution 66-19 as recorded in the office of the City Clerk Bid #19-20 Franklin & Son, Inc.: A resolution to award Bid 419-20 and authorize a contract with Franklin and Son, Inc. in the amount of $195,000.00 for a roof replacement at the Noland Treatment Facility Administration building, to approve a project contingency in the amount of $19,500.00, and to approve a budget adjustment. Resolution 67-19 as recorded in the office of the City Clerk Bid #19-22 N.E.C., Inc.: A resolution to award Bid 419-22 and authorize a contract with N.E.C., Inc. in the amount of $427,623.50 for construction of the Cedarwood and Glenwood drainage improvements project, and to approve a project contingency in the amount of $42,700.00. Resolution 68-19 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 19, 2019 Page 4 of 18 Ozarks Electric Cooperative Corporation: A resolution to authorize the sale of about 3,123 square feet of land in fee simple and convey an access easement of about 2,163 square feet near the Gulley Road Water Tank to Ozarks Electric Cooperative Corporation for the total sum of $5,387.50. Resolution 69-19 as recorded in the office of the City Clerk University of Arkansas Memorandum of Agreement: A resolution to approve a Memorandum of Agreement with the University of Arkansas for the installation and maintenance of special street name signs on certain roadways on or near the University of Arkansas campus. Resolution 70-19 as recorded in the office of the City Clerk CDWG, Inc.: A resolution to authorize the purchase of forty (40) Getac tablet computers with extended warranties and accessory components from CDWG, Inc. for the amount of $145,360.00 plus applicable taxes, pursuant to a National IPA Technology Solutions Cooperative purchasing agreement, for use by the Police Department. Resolution 71-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. nfinished 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. At the February 19, 2019 City Council meeting this ordinance was left on the First Reading. At the March 5, 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 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated the applicant submitted a Bill of Assurance. He stated the Bill of Assurance would restrict the height to two stories, restrict the uses to either single family or duplexes, and would set a minimuml5-foot setback from the front yard, which protects the sharp curve that the neighborhood was concerned about. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 5 of 18 City Attorney Kit Williams: He also wants to go back to his original request of RMF -6. Garner Stoll: Correct. City Attorney Kit Williams: I would like to hear that from the applicant. Applicants Representative: I am representing Tim Ballard. He is willing to go back to RMF -6 and follow the Bill of Assurance. City Attorney Kit Williams: We have handed out to Council a potential amended ordinance that does exactly what Mr. Stoll and the applicant has said. A brief discussion followed clarifying the potential amendment. James Oliver stated he lives next door to the property and doesn't oppose a single-family dwelling, but spoke in opposition of duplexes. Teresa Youngblood, 40 West Greenwood Street spoke in opposition of RMF -6. She stated she would prefer RSF-8. Council Member Turk: Are you representing all 31 households? Teresa Youngblood: No. You will hear from some of my neighbors tonight. Peter Tonnessen, Ward 3 read statistics and spoke in favor of single-family homes. Linda Baker, Neighborhood Homeowner spoke about fire and traffic safety. She stated she would prefer single family homes. Robert Davis, Neighborhood Resident stated the will of the neighborhood is the only thing that should matter. He spoke in opposition of the ordinance. Council Member Scroggin: How tall is a building allowed under its current zoning? Garner Stoll: It's allowed at three stories. Council Member Scroggin: Does the RMF -6 limit it or does the Bill of Assurance limit it? Garner Stoll: It's the Bill of Assurance. Both the RSF-4 and RMF -6 allows three story buildings. Council Member Scroggin: Are there any different design standards at its current zoning versus what we are looking at? Garner Stoll: Not for duplexes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 6 of 18 City Attorney Kit Williams: The Bill of Assurance becomes part of the zoning if the zoning is approved subject to it. It runs with the land and they can't get rid of the Bill of Assurance. If they bring it back before the City Council for a rezoning, the Bill of Assurance could be changed. Council Member Marsh moved to amend new wording of the ordinance and accept the Bill of Assurance. Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Council Member Smith: I supported the amendment because it is better than the NS -G. I know it's not exactly what the neighborhood was asking for. Garner, what is the functional difference between RMF -6 with the restrictions versus RSF-8 that the neighbors are asking for? Garner Stoll: RSF-8 is a district that allows single-family homes on 5,000 square foot lots. It includes duplexes as a conditional use. An applicant could ask for a conditional use to get an approval for a duplex. Council Member Smith: The big difference would be that if we went to RSF-8, we would not have the restrictions in the Bill of Assurance that include the height? Garner Stoll: No, you wouldn't. Council Member Smith: Under RMF -6, the neighbors lose the extra review of the conditional use process? Garner Stoll: That is correct. Don Marr, Chief of Staff stated that Council Member Gutierrez requested for this item and the Whippoorwill item to be held during her absence. He stated it was explained to the Council Member that City Council could honor that request or move forward. A discussion followed about the requirements of tabling an item. Council Member Bunch: The Bill of Assurance changes my mind a little bit. Council Member Gutierrez has requested for us to hold this and I feel it is appropriate. Council Member Bunch made a motion to table the ordinance to the April 2, 2019 City Council meeting. Council Member Smith seconded the motion. Upon roll the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. This ordinance was Tabled to the April 2, 2019 City Council meeting. 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, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 7 of 18 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. At the March 5, 2019 City Council meeting this ordinance was left on the Second Reading and sent to the Ordinance Review Committee. Council Member Smith 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 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: We have had a lot of discussion on this and had an Ordinance Review Committee meeting. Two Council Member s are absent tonight. I want to be able to work on some of the issues in the Unified Development Code. Rather than trying to pass something tonight, it would be better if we tabled it so that I can get a more comprehensive amendment to you. Mayor Jordan stated he would also like to have more time to review the item. Council Marsh made a motion to table the ordinance to the April 2, 2019 City Council meeting. Council Member Smith seconded the motion. Upon roll the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. This ordinance was tabled to the April 2, 2019 City Council meeting. 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 2827 West Whippoorwill Lane from RSF-4, Residential Single family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. At the March 5, 2019 City Council meeting this ordinance was left on the First Reading. City Attorney Kit Williams read the entire ordinance. Garner Stoll, Development Services Director stated he did not have any further information since the last meeting. Brad Brown, Roth Family Representative gave a brief background description of the property. He spoke about the applicant's intentions of building affordable and quality housing. He stated they are not trying to impact the neighborhood in a negative way. He stated the homes they are wanting to construct will help property values in the area. Mayor Jordan: How much per square foot for the houses? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 8 of 18 Brad Brown: 120 square feet to 150 square feet. We are trying to sell them around the $300,000 mark. If we end up a little higher, then that's okay because it is still lower than anything else in the area. Council Member Kinion: You have a beautiful vision, but I have been tricked before. When rezoning a property, we have to look at the possibility of what will be there if you sold the property or your vision changed. Council Member Turk: Are you going to drain the pond? Have you thought about some of the hydrological concerns we expressed a couple of weeks ago? Brad Brown: I have a Civil Engineering degree. I'm aware of how water sheds and hydrology works. The pond will most likely be filled in. As builders, we don't want to make an effect that will cause problems on Crossover Road. You aren't supposed to have any more storm water runoff from a property before development to after development is taken into the design process of how we end up doing these lots. There are legal ramifications if we cause problems that creates issues further downstream. We will deal with all of this as we build the houses. Council Member Scroggin: Currently with RSF-4, there is enough acreage to build six houses, but the issue is street frontage? Garner Stoll: Correct. Council Member Scroggin: They could ask for a variance of street frontage and end up doing what they've claimed they are interested in doing? Garner Stoll: Yes. Another option would be an internal access way and dedicated additional right of way and create additional frontage possibly. RSF-4 requires a minimum of 8,000 square feet per home. Not likely, but there might be some configurations where you could share driveways and create a dedicated additional right of way and get the frontage without variances. Council Member Scroggin: If a variance was granted, it could allow them to do what they want without an up zone? Garner Stoll: Under the RSF-4, they could not without variances. Council Member Scroggin: With variances, they could? Garner Stoll: Yes. City Attorney Kit Williams: Looks like they are fronting on Crossover road too, so that would be additional right of way, even though it's not a very good place to have driveways. Mayor Jordan requested City Engineer Chris Brown to address the pond. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 9 of 18 Chris Brown, City Engineer spoke about the overall drainage in the area and what the pond captures. He stated of 328 acres in the area, the pond picks up 4.6 acres, which is a relatively small amount of area the pond can impact. He stated the pond being there or not being there really doesn't impact the overall water that's flowing off the drainage way. He stated the pond does provide some storm water services, mainly because it leaks. He stated it allows it to have some storage capacity because if it stayed full it wouldn't have any storage and it would pass through the pond. He spoke about storm assumptions. He stated if some retrofitting was done to the pond it could capture about half of the flow and reduce the peak flow by about half as compared to the pond not being there. He spoke about code requirements. He spoke about water quality, channel protection requirements, and extreme flood protections, which are minimum standards for drainage. He stated because this is a single-family home development, they are below the threshold where the requirements kick in and they wouldn't be required to do any of the detention or water quality requirements. Mayor Jordan requested for Chris to clarify what the pond is capturing. Chris Brown: If the pond were taken out, the flows would increase and double. It's capturing about half of the flow and reducing the peak flow by about 50% in basically all storms. Council Member Scroggin: If this pond overflows, where does the water go? Chris Brown: It flows down to Highway 265 and into the storm drain system along Highway 265. Council Member Scroggin: This isn't going into people's houses with or without that? Chris Brown: No. It's hitting 265 and getting into that storm drain system. Council Member Smith: As far as the removal of the pond, what kind of oversight or regulation is there to make sure it is done properly? Is there any risk to land that's been wet that long? Chris Brown: Typically for single-family homes like this we don't have a grading permit requirement. They would need to work with our Building Safety Department to make sure house foundations aren't damaged. Council Member Smith: We would have an inspection to make sure the foundations weren't on unsuitable land? Chris Brown: Right. If they have to place fill, then there are requirements our Building Inspection has that kick in. Council Member Turk: For the RSF-4 and RSF-8, is it correct that neither one of those would rise to the level for the requirements that Chris mentioned? Garner Stoll: It depends. If they choose the lot split method, which is capped at four per parcel and there are two parcels, they could do their eight houses under the lot split method. They would not come under the storm drainage requirements. If they do more houses than that and plat it beyond the short cut of the lot split, they would be under our retention water quality requirements. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 10 of 18 Don Marr: Single family does not have the same type of drainage review. It's a constant problem in Fayetteville that comes up. We see it particularly in infill situations where a lot has been vacant and then it suddenly gets built on. This is something for future policy discussion for the Council. Garner Stoll: It's common to all Planning Departments in every city I have ever worked in. You always want appropriate thresholds, but thresholds over time can become loopholes and they need to be revisited. Laura Cate, 3045 Inwood Lane spoke in opposition of the ordinance. Brandon Cate, 3045 Inwood spoke in opposition of the ordinance. He stated he filed a lawsuit in the Circuit Court of Washington County to seek a declaration so their protective covenants are not violated. Steve Murray, 1667 Stardust Lane spoke in opposition of the ordinance. Peter Tonnessen, Ward 3 spoke in opposition of the ordinance. Chris McGinnis, 2930 Inwood spoke in opposition of the ordinance. Ray Parker, 2965 Inwood spoke in opposition of the ordinance. Frans Schimper, 2904 Inwood spoke in opposition of the ordinance. Ann Justiss, 2850 Inwood spoke in opposition of the ordinance. William Justiss, 2850 Inwood Lane spoke in opposition of the ordinance. Cindy Murray, 1667 Stardust Lane: At the last meeting, you said there was a challenge of meeting the demand of all the people moving to Fayetteville. Why is it so important to meet those needs and what are the cost of not meeting those needs? Garner Stoll: The Comprehensive City Plan 2030 designates the area as yellow, which means it's residential neighborhood. The plan is very specific that it encourages finding appropriate ways of accommodating a variety of lot sizes and house types. It emphasizes taking advantage of destinations that are within walkable areas. Council has to decide if this is appropriate land use and if RSF-8 is in accordance with our comprehensive plan. The staff and Planning Commission felt that it was. Bill Reagan, Huntsville Road stated his mother-in-law lives on Inwood and he spoke in opposition of the ordinance. There was a discussion about holding the item for two weeks. Mayor Jordan: On our guidelines, we state we will make appropriate infill and revitalization our highest priority. Council has to decide if they think this is appropriate. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 19, 2019 Page 11 of 18 Don Marr stated the city will soon be going through its 2040 Plan update. He encouraged citizens to be involved in those discussions. This item was left on the Second 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. At the March 5, 2019 City Council meeting this ordinance was left on the First Reading. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated when Council considered this item the last time the question was asked if the applicant would consider Downtown General. Mike Cross, Applicant stated he would like to take the whole parcel to Downtown General as recommended. Council Member Marsh made a motion remove RI -U and amend to DG. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Council Member Marsh: Thank you to the applicant for reconsidering the potential of this lot. It is very important since it's immediately adjacent to our future cultural arts corridor. Mayor Jordan: I agree. Council Member Smith thanked the applicant and staff. Council Member Smith 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 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 12 of 18 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Ordinance 6160 as Recorded in the office of the City Clerk 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. At the March 5, 2019 City Council meeting this ordinance was left on the First Reading. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. Roger Leacy, Agent for the Owner of the Property stated the challenge is that they have two different zonings on one parcel. He gave a brief description of the property. 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 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: I know there's a few concerns about the water and chemicals. I hope that has been addressed. Council Member Turk: With I-1, they can build a gas station? There are underground tanks that could be put in on the lot? Garner Stoll: It is an allowed use. They would have to meet all the federal and state requirements. It is heavily regulated. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 3-3. Council Members Scroggin, Bunch, and Marsh voting yes. Council Members Turk, Smith, and Kinion voting no. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams: When you have members absent and you feel like you are going to vote against something that requires five affirmative votes, it's probably good to have some signal 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 19, 2019 Page 13 of 18 to the applicant. The applicant could ask to have it tabled so the full Council could hear. Everybody that's not here is an automatic no vote. In fairness to applicants, regardless of your position, it's better to let the applicant know that he or she might not have enough votes to pass their ordinance or resolution. Once that vote was taken, the only thing that could breathe life back into it is one of the three people who voted no would need to before the end of next meeting move to reconsider. The people who voted yes can't do it. There was a brief discussion about the motion to reconsider. Council Member Kinion made a motion to reconsider. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. This ordinance failed and a motion to reconsider passed. The ordinance was left on the Third Reading and will be heard at the April 2, 2019 City Council meeting. New Business: RZN 19-6542 (808 W. Davis St./Fugitt): An ordinance to rezone that property described in rezoning petition RZN 19-6542 for approximately .28 acres located at 808 West Davis Street 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. The staff and Planning Commission recommend approval. Bill Fugitt, Applicant gave a brief description of his project. Peter Tonnessen, Ward 3 asked if a rezoning request is not necessary or needed, why would it be rezoned? Garner Stoll: The staff finding that you could possibly build something under the existing zoning is not relevant. The relevant question is, does it meet our land use policies and it clearly does. This area is mixed housing types. This is appropriate and is very much in the center of Fayetteville's land use policies. Peter Tonnessen stated there's a continuing assault for the sake of taking away from people what they want. Council Member Kinion: When looking at a rezoning, you are not looking at a specific use. We are looking at the possibilities that by right someone can have if something is zoned in a specific manner. The complete section of code under the current zoning offers this by right. We have to look at compatibility. We aren't talking about design standards, we are talking about uses. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 14 of 18 Council Member Smith: This is not a case of taking away what people want. This is an applicant with a specific request and we have an opportunity to meet the demand that people are asking for. When we see one lot like this in a neighborhood that we know is changing, it's time to look at the broader area and see if the existing zoning over the whole neighborhood fits. I'm not suggesting we should rezone the entire neighborhood to RSF-8, but the entire neighborhood is long overdue for another look. Council Member Turk: I'm familiar with the neighborhood and there is a lot of mixed housing. This is a compatible use. City Attorney Kit Williams spoke about the vast difference of building an accessory dwelling unit and being able to build your own private unit on your own land. He believes the rezoning is a reasonable request. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Ordinance 6161 as Recorded in the office of the City Clerk Bid #19-21 KAJACS Contractors, Inc.: A resolution to approve Bid #19-21 and authorize a contract with KAJACS Contractors, Inc. in the amount of $1,458,000.00 for the construction of the Hotz Drive to Maple Street, Pleasant Woods Drive, and Sang Avenue Waterline Improvements Projects, and to approve a project contingency in the amount of $145,800.00. Tim Nyander, Utilities Director gave a brief description of the resolution. The Water, Sewer & Solid Waste Committee unanimously recommended forwarding it to Council for approval. Council Member Kinion moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 6-0. Council Members Scroggin, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 15 of 18 Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Resolution 72-19 as recorded in the office of the City Clerk Rupple Road Regional Sewer Lift Station: A resolution to express the City Council's intention to share in the cost of constructing a regional sewer lift station near Rupple Road. Tim Nyander, Utilities Director gave a brief description of the resolution. The Water, Sewer & Solid Waste Committee unanimously recommended forwarding it to Council for approval. Council Member Kinion moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Resolution 73-19 as recorded in the office of the City Clerk Rebuild -It Services Group, LLC: An ordinance to waive competitive bidding and accept a quote in the amount of $57,850.00, plus applicable taxes, from Rebuild -It Services Group, LLC for the repair of one clarifier drive at the Noland Wastewater Treatment Facility and one GSRU drive for the West Side Treatment Facility. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. The Water, Sewer & Solid Waste Committee unanimously recommended forwarding it to Council for approval. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were 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 Turk seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 16 of 18 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, and Kinion voting yes. Council Members Gutierrez and Petty were absent. Ordinance 6162 as Recorded in the office of the City Clerk Amend §166.04 Required Infrastructure Improvements - Development in City Limits: An ordinance to amend § 166.04 Required Infrastructure Improvements - Development in City Limits of the Unified Development Code to change the park land dedication ratio for multi -family dwelling units and the fee -in -lieu formulas for single family and multi -family dwelling units related to parkland dedications. City Attorney Kit Williams read the ordinance. Ted Jack, Park Planning Superintendent gave a brief PowerPoint presentation of the ordinance. Council Member Smith: For the current park to resident ratio, what parks were included in that? Ted Jack: We use the neighborhood parks, all the community parks, and a little bit of land out of the regional parks. The regional parks serve a neighborhood community park function. Council Member Smith: Not like Centennial? Ted Jack: Yeah, like at Sequoyah we only used about 10 acres for that kind of neighborhood park function. It is a huge park. Council Member Smith: With single family versus multifamily, is that based on the zoning or the type of structure? Where does a duplex fall in that? Ted Jack: This is only based on single family houses. When development comes through, if it's a single-family house, they'll be assessed either the fee or the dedication ratio. The developer has an option of doing either one. The ratio is set based on how the developer responds. Council Member Smith: A duplex would pay which fee? Ted Jack: A duplex would be considered multifamily. There is a threshold if it's a small development. Council Member Smith: If you are building multiple duplexes, then it might count differently rather than building a single one? There was a brief discussion about researching the threshold and collection points of multifamily charges. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 17 of 18 Council Member Turk: Have you used that same general formula you showed in the PowerPoint in the past to calculate your rate? Ted Jack: This formula has been in place since it started in the 80's. The formula has stayed the same, but the variables have changed with time. Council Member Turk: The land types you excluded in the presentation, did you do that in the past or is that a new process you have undertaken? Ted Jack: In the past, the data sets were looking at undeveloped raw land. Categories that had any improvements were excluded. Over time as land became harder to get, developers started buying land that already had development on it, then converting it. It was just a matter of catching up to the times of how that ended up changing. Don Marr: It's also the quality and break out of the data set from the County, which has become much more sophisticated in the 20 -year period than when it started. The ability to dissect some of those was not available in 1980 that would be available today. Council Member Turk requested clarification about the different kinds of categories for the commercial land in the past. Ted Jack: In the data set they provide, it did have commercial. We looked at those, but we didn't think any of the commercial were valid. It's not that they couldn't be in the future because you could buy a commercial piece of land and then go to residential use with it. In this case, we didn't see that was going to happen on any of the ones in this data set. Council Member Turk: The last time you looked at this, did you parse out the same variables that you had the information on and exclude those? Connie Edmonston, Parks & Recreation Director: Before we met with the County Assessor's office we told them we wanted the price of raw land that wasn't developed over five acres. This is the data set they gave us. We have worked to get the best average cost per acre. City Attorney Kit Williams: We are trying to have the same value as what the developer would either dedicate or pay in. We've gotten much better figures and analysis this year than we have ever gotten before. Thank you for your hard work. You have arrived at a fair number. Don Marr spoke about data numbers, analysis, and land types. He stated the ordinance requires the city to look at it periodically and update it. He stated he would like for the item to be left on the first reading to allow City Council and the development community more time to review it. Connie Edmonston: We were the first ones to do this parkland dedication ordinance in the State of Arkansas. It's been very valuable for the last 37 years. We have taken in over 290 acres of parkland into our system. We have received over $7.8 million dollars of development that came back into our parks system. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 19, 2019 Page 18 of 18 Council Member Scroggin: We should look to build more neighborhood parks. I don't understand why it's an 18% increase for single family and 70% increase for multifamily. Don Marr: It's a calculation based on the number of people per unit. In this case there's a higher number of people in multifamily units than in single family. That number is coming from Northwest Regional Planning. City Attorney Kit Williams: All impact fees are supposed to be paying the cost of new development, not doing social policy about what kind of development you want. Don Marr spoke about the previous Agenda Session conversation about an impact fees study. He stated this ordinance gives two options of land or fee. Will Dockery, 4149 West Bradstreet stated he is on the Parks Advisory Board. He spoke briefly about the item. He stated the board is unanimously in favor of the ordinance. This item was left on the First Reading. Announcements: Don Marr invited citizens to the Net Neutrality 5G Technology event. He spoke about the city offering free Smart Cycling classes for adults. He spoke about a specialized van surveying the city roads. He stated the information can be viewed on the city website. He stated the City of Fayetteville was named in the top 100 best places to live. City Council Aizenda Session Presentations: None City Council Tour: None ourn exit: 8:35 p.m. hl(,L,l ..'W'. -:::.LQ:2ffj — � - Jordan, ayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Chair Sarah Bunch Council Member Ward 3 Position 2 Vice Chair Mark Kinion Council Member Ward 2 Position 1 Nominating Committee Report March 13, 2019 Sonia Gutierrez Council Member Ward 1 Position I Teresa Turk Council Member Ward 4 Position I Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Mayor recommends the following candidates for appointment: FAYETTEVILLE PUBLIC LIBRARY BOARD OF TRUSTEES Hershey Garner — One term ending 04/01/24 HISTORIC DISTRICT COMMISSION Katie Mihalevich — One unexpired term ending 06/30/21 The Public Facilities Board recommends the following candidates for appointment: PUBLIC FACILITIES BOARD Erich Albrecht — One unexpired term ending 12/31/20 The Advertising and Promotion Commissioners recommend the following candidate for appointment.- ADVERTISING ppointment: ADVERTISING AND PROMOTION COMMISSION Katherine Kinney — One Tourism Industry term ending 03/31/23 The Nominating Committee recommends the following candidates for appointment: AIRPORT BOARD Ian Tholking — One Aeronautical unexpired term ending 12/31/20 ANIMAL SERVICES ADVISORY BOARD Vacant — One Licensed Veterinarian/Veterinary Professional term ending 06/30/22 BOARD OF ADJUSTMENTS Stephen Clowney — One term ending 03/31/22 Vacant — One term ending 03/31/22 CIVIL SERVICE COMMISSION Jules K. Beck — One term ending 03/31/25 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevllle-ar gov CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Vacant — One term ending 03/31/24 PLANNING COMMISSION Leslie Belden — One term ending 03/31/22 Robert Sharp — One term ending 03/31/22 Kristifier Paxton — One term ending 03/31/22 Quintin Canada — One unexpired term ending 03/31/20 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.qov