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HomeMy WebLinkAbout2019-04-02 - 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 April 2, 2019 City Council Meeting Minutes April 2, 2019 Page 1 of 21 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 April 2, 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. Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: Mayor Jordan recognized Dr. Gerald Jordan and his News Reporting Class from the University of Arkansas. City Council Meeting Presentations, Renorts, and Discussion Items: Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 2 of 21 ORT -Ozark Re 'onal Transit - Periodic Re vrt Jeff Hatley, Ozark Regional Transit Public Information Officer gave a brief presentation of ORT's Periodic Report. Mayor Jordan: Thank you for the good working you are doing. Agenda Additions: Senate Bill 631: A resolution to express the City Council's support of local citizens' rights to regulate and encourage development that preserves the property values, beauty, and vitality of their own community and our citizens and Councils' opposition to Senate Bill 631 which would remove our citizens' right to maintain Fayetteville as one of the fastest growing and most desirable places to live and work in the United States. Council Member Marsh moved to add Senate Bill 631 to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the resolution. Mayor Jordan stated this is nothing more than a tree slaughtering bill. City Attorney Kit Williams spoke about the history of the tree preservation and protection ordinance. He stated Senate Bill 631 is not needed in Fayetteville. Mayor Jordan spoke about how the bill was introduced. Don Marr, Chief of Staff stated 91% of Fayetteville citizens said the preservation of mature trees is important to the characteristics and support of infill development. He stated 85.5% citizens support acquisition of land for trails and conservation corridors and 81.5% support acquisition of land for parks and conservation land. He spoke about the development community being supportive of preservation requirements. He stated the bill would be detrimental to the City of Fayetteville. He stated it is important to oppose the bill. Council Member Scroggin thanked Mayor Jordan and City Attorney Kit Williams for bringing the item forward. He stated it is important for the city to keep their tree ordinance. Mayor Jordan: If this passes tonight, I will sign the resolution and send it with Chief of Staff Marr to Little Rock tomorrow. Council Members are also invited to sign the resolution. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 74-19 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 April 2, 2019 Page 3 of 21 Consent: Approval of the March 19, 2019 City Council Meeting Minutes. Approved Wings Avionics, Inc.: A resolution to approve a three year lease agreement with Wings Avionics, Inc. for the airport hangar at 421 Ernest Lancaster Drive for rent in the amount of $1,649.38 per month. Resolution 75-19 as recorded in the office of the City Clerk Atlas Interiors, LLC: A resolution to approve a one year lease agreement with Atlas Interiors, LLC for the south side of the corporate hangar located at 4166 South School Avenue in the amount of $850.00 per month with a requirement to provide certain minimum aircraft maintenance services. Resolution 76-19 as recorded in the office of the City Clerk Bid #19-23 Laser Specialists, Inc.: A resolution to award Bid #19-23 and authorize the purchase of a RTK GNSS System from Laser Specialists, Inc. in the amount $18,420.00 plus applicable taxes to be used by the Engineering Division for in-house engineering design work. Resolution 77-19 as recorded in the office of the City Clerk Southwest Park Land Dedication Funds: A resolution to approve a budget adjustment in the amount of $12,478.00 recognizing park land dedication fees from the Southwest Park Quadrant to be used for the purchase and installation of two 20 -foot shade umbrellas at the Wilson Park swimming pool. Resolution 78-19 as recorded in the office of the City Clerk U.S. Department of Housing and Urban Development: A resolution to approve the renewal of four Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $283,976.00 for the city to administer programs to assist homeless Fayetteville residents. Resolution 79-19 as recorded in the office of the City Clerk Williams Tractor, Inc.: A resolution to authorize the purchase of a New Holland 260 Speedrower from Williams Tractor Inc. in the amount of $142,130.00, pursuant to a Sourcewell Cooperative Purchasing Contract, for use at the Biosolids Management Site. Resolution 80-19 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 April 2, 2019 Page 4 of 21 Insituform Technologies, LLC: A resolution to approve a one year contract extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains using cured -in-place sanitary sewer linings and approval of a contract amendment to exchange the professional engineering endorsement to new city staff. Resolution 81-19 as recorded in the office of the City Clerk A.I.T. Services, Inc.: A resolution to accept a quote in the amount of $47,745.00 plus applicable taxes from A.I.T. Services, Inc., for the replacement of the Fill Auger Assembly and Exhaust Scrubber -Condenser Assembly on the Biosolids Management Site Thermal Dryer System, and to approve a budget adjustment. Resolution 82-19 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to approve Supplemental Agreement No. 2 to the contract with McClelland Consulting Engineers, Inc. in the additional amount of $18,082.00 to add final engineering design and bid services for the replacement of an existing 24 - inch water main adjacent to Morningside Drive associated with utility relocations necessary for Arkansas Department of Transportation job 040579. Resolution 83-19 as recorded in the office of the City Clerk Riggs Power Systems: A resolution to authorize the purchase of a replacement emergency back- up generator from J.A. Riggs Tractor Company in the amount of $26,965.00 plus applicable taxes, pursuant to a Sourcewell Cooperative Purchasing Contract, for use at the Futrall Drive Lift Station. Resolution 84-19 as recorded in the office of the City Clerk J.A. Riggs Tractor Company: A resolution to authorize the purchase of a replacement emergency back-up generator from J.A. Riggs Tractor Company in the amount of $102,545.00 plus applicable taxes, pursuant to a Sourcewell Cooperative Purchasing Contract, for use at the Farmington Lift Station, and to approve a budget adjustment. Resolution 85-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Unfinished 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 RMF -6, Residential Multi Family, 6 units per acre, subject to a Bill of Assurance. 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 5 of 21 left on the Second Reading. At the March 19, 2019 City Council meeting this ordinance was left on the Third Reading and Tabled to the April 2, 2019 City Council meeting. City Attorney Kit Williams suggested a slight amendment to add Section 3 to state that a copy of the ordinance along with the Bill of Assurance shall be recorded in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County. Council Member Marsh moved to amend to add a Section 3 to state the Bill of Assurance be filed in the Circuit Clerk Office. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Brock Posey, Applicant's Representative stated he was available for questions. Teresa Youngblood, 40 West Greenwood Street spoke in opposition of the ordinance. Linda Baker, 30 West Greenwood spoke about fire and traffic safety. She spoke in opposition of the ordinance. Robert Davis, 1 West Montgomery Street spoke in opposition of the ordinance. Celi Birke, 60 West Greenwood Street spoke in opposition of the ordinance. Mayor Jordan: Chief Dayringer, I'm sure you all reviewed this? David Dayringer, Fire Chief: The Fire Marshal has. The number of homes in the neighborhood is very difficult to retroactively enforce. We can do two ways in and out for new developments. For the person that builds the 31St home beyond the limit in an established neighborhood, it's difficult to tell them they also have to build an entire street in and out of that area. Garner Stoll, Development Services Director: I concur with Chief Dayringer. A question that can't be answered tonight is whether these duplexes will need to be sprinklered due to their over the 30 limit. That question will be answered by the Fire Marshal when we get to the building permit stage. David Dayringer: This is a zoning issue, not a permitting issue. Mayor Jordan: That can be addressed when it gets to permitting? Garner Stoll: Yes. Council Member Scroggin: Do you feel the engines can make it down the street? Have they been down the street before? David Dayringer: Yes, they can make it down the street and they have been down the street. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 6 of 21 Council Member Gutierrez: If residents park in their driveway and visitors are parking along the street, it is so narrow for a fire truck. David Dayringer: With 27 feet, we could get around cars parked on one side of the street. If they are bunched up directly opposing one another in the same area, it might be difficult. We could restrict parking on one side of the street, if it isn't already. Don Marr, Chief of Staff: If we run into those issues in a neighborhood, that is when you see one of the street marked with, No Parking. There was a brief discussion about parking on one or both sides of the street. Garner Stoll stated the sprinkler rule over 30 units has already exceeded. He stated if they added under the existing zoning, that rule would also have to be resolved. He stated the fact that the units share a common wall is neutral. Mayor Jordan: Chris, have you looked at the storm water runoff in the area? Chris Brown, City Engineer: This isn't one I have looked at, specifically. As the development comes through, if it is a single family it would not be subject to review requirements. There's a drainage channel that runs through there, but I'm not aware of any issues that have been raised. Council Member Marsh: We have more protections if this is built multifamily than if it were single family, in terms of storm water? Chris Brown: Yes. Single family and duplexes are exempt from storm drain requirements. Council Member Smith: The lot across the street has the same ownership. Should we expect to see a larger rezoning coming through very soon? Brock Posey: No, sir. That entire lot is almost flood plain, except for where the house is existing. That is the primary reason for using this home right here as opposed to the lot across the street. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Bunch, Smith, Marsh, Petty, and Scroggin voting yes. Council Members Turk, Gutierrez, and Kinion voting no. Ordinance 6163 as Recorded in the office of the City Clerk 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. At the March 5, 2019 City Council meeting 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 7 of 21 this ordinance was left on the Second Reading and sent to the Ordinance Review Committee. At the March 19, 2019 City Council meeting this ordinance was left on the Third Reading and Tabled to the April 2, 2019 City Council meeting. City Attorney Kit Williams: The Ordinance Review Committee met and looked at Section 10. Everybody agreed with the first nine sections. With everything going on with the legislature, I haven't had much time to work on Section 10. I request this ordinance be amended to remove Section 10. I will come back with that and other potential changes to the Unified Development Code regarding religious institutions and other public institutions. We should pass the nine sections that everybody is in complete agreement with. There was a brief discussion about the applicability section and purpose section. Council Member Smith stated there is a critical part of the applicability section that's being changed and thinks it needs to stay or else hold the entire ordinance until they are ready to do it. Council Member Gutierrez: If we pass the parts City Attorney Williams is asking us to pass, does it not cover until that point that we can add that in? City Attorney Kit Williams: I'll defer to Garner Stoll. I thought the non-residential design standards would apply to all the other nine sections that are being passed, even without a specific change in the applicability section. Garner Stoll: If City Council retains the applicability section that existed in the ordinance before Planning Commission recommended changes, if you retain that applicability section, the design standards will apply if the applicant chooses to go the form based version. If you take the whole paragraph out, then that is a problem. City Attorney Kit Williams: If the legislative intent of City Council is the nine sections would have these design standards applied to them, even without changing the purpose and applicability sections, then I'm sure that is the way Planning will apply that during dependency of when we are going to come back with potential other changes. Is the consensus that you want them to apply to all the other nine sections? Garner Stoll: As long as Council knows the impact of not applying them. If you allow the zero setback and a building moves to the sidewalk, it can be a good thing if done correctly, but it could also create a blank wall. We need design standards to guide that. Council Member Petty: Kit, if we indicated verbally as a group that the design standards were supposed to apply, then the legislation was unnecessary for the time being? City Attorney Kit Williams: Just for the applicability section. If you want to go ahead and pass them initially, that's fine. I'll come back later with my suggested amendments to them. If you want to pass it as it is already before you, that would be fine. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 8 of 21 Council Member Petty: That would be my preference. It gives me a little bit of pause to have verbal legislation, even if we do have genuine intention to come back quickly. Mayor Jordan: We pass everything like it is, but then we come back and discuss the religious institutions? City Attorney Kit Williams: Yes. I will be looking at sections of the Unified Development Code to make sure we are following the constitution. There was a brief discussion about passing it as is and City Attorney Williams will come back to Council with the needed amendments. Council Member Marsh made a motion to remove Section 10 and then withdrew her motion. Council Member Smith spoke about City Attorney Williams making a persuasive argument at the Ordinance Review Committee meeting about problems with the applicability with the way it is. He stated he wants to work to bring forward a way that addresses religious institutions throughout the entire zoning code. Council Member Turk: I'm uncomfortable with passing something that were going to amend in the near future. I want to wait until we have a revision from Kit that is a complete package. What is the reason we have to get this done tonight? Council Member Smith: The argument that came forward was part of our lean government efforts to streamline some of the processes. The concerns about the religious institutions are problems that were broken before this change. This change is not causing that problem. We can go ahead and pass this without making the situation any worse. City Attorney Kit Williams: I assure the City Council if these are attempted to be applied to a religious institution, the City Attorney's Office will be saying they are not supposed to be applied, regardless of what your ordinance might say. We are basing ours on the United States Constitution, as well as federal law. Council Member Petty stated it's important because of the way they are administering things now and the issue of applicability. He stated he has asked for an inventory of precedents from other communities that apply design standards and have chosen to apply the standards in the manner they intend. He stated the city's design standards should be revisited to address some of the compelling arguments the City Attorney raised. He stated he felt strongly about passing the ordinance tonight. He stated it's critical for the long-term health of the city's corridors that they have this option as soon as possible. He stated this allows people the option to pursue better development patterns without having to get a rezoning. Mayor Jordan clarified the discussion he had just heard with City Attorney Kit Williams. Garner Stoll: I want to make sure everybody understands this change the Planning Commissioners recommended doesn't create the problem, whether or not the design standards can 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes April 2, 2019 Page 9 of 21 be appropriately applied to religious institutions, county or city buildings. That was in the ordinance. This change doesn't create that. This is a minor change that allows an applicant to choose form based in four districts. The design standards and whether they are applied to religious institutions, county or city needs to be looked at because they are problematic. City Attorney Kit Williams spoke about design standards and religious institutions. Peter Tonnessen, Ward 3: There is going to be an incentive for developers to take the fast track with the form based zoning and avoid delay by preceding under the existing policies? Garner Stoll: That is correct. Peter Tonnessen spoke about his objections. Council Member Scroggin stated we are just talking about the arrangement of the buildings. He spoke about utilities in the previous zoning and how buildings can be positioned on a lot. He stated buildings that are pushed to the street cause people to slow down. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Bunch, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Members Turk and Kinion voting no. Ordinance 6164 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 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. At the March 19, 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 Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Gutierrez, Marsh, Kinion, Petty, and Scroggin voting yes. Council Member Smith was absent during the vote. City Attorney Kit Williams read the ordinance. Justin Reed, Bates & Associates stated he was available for questions. Brad Brown, Roth Family Representative spoke about the house prices and lot prices in the proposed rezoning area. Chris McGinnis, 2930 Inwood spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 10 of 21 Peter Tonnessen, Ward 3 spoke in opposition of the ordinance. Laura Cate, 3045 Inwood Lane spoke in opposition of the ordinance. Jim Garlock, Ward 4 spoke in opposition of the ordinance. Ray Parker, 2965 Inwood spoke in opposition of the ordinance. Bill Reagan, 2668 Huntsville Road spoke in opposition of the ordinance. John Wisdom, 2825 Inwood Lane spoke in opposition of the ordinance. Cindy Murray, 1667 Stardust Lane spoke in opposition of the ordinance. Council Member Petty: Is the minimum lot width preventing them from subdividing? Garner Stoll: Theoretically they could get to eight units, but they could not get to eight units with the street frontage. It's the lot width. Council Member Petty spoke about lot widths in zoning designations needing to be reviewed for parcels that don't have typical depths. He asked in regard to infrastructure, if they were to do a lot split for six units, would new sidewalks be required. Garner Stoll: Yes, sidewalks would be required. There was a brief discussion about staff's findings on compatibility in the existing neighborhood. Council Member Bunch: Please tell us about the drainage that comes off the hillside. Chris Brown, City Engineer: The area the pond captures is about 4.6 acres. The total drainage area of the entire basin as it exits and goes out towards Mission Boulevard is over 300 acres. It's a very small amount of area that is captured versus the total acreage. It does provide some storm water services with water quality and quantity. It reduces the flow by about 50% of what it would be if the pond was not there. Council Member Bunch: With the number of houses that could be built on this, what type of drainage program would they have versus if it was one or two houses there? Garner Stoll stated it depends on what the developer does. He spoke briefly about the options available. Council Member Marsh: The pond is capturing water, but where would you say the storm water runoff problem is originating? Chris Brown: It is coming off the hill above. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 2, 2019 Page 11 of 21 Council Member Marsh: It's coming off the neighbors' properties and this lot is capturing it? Chris Brown: Right. You could say the storm water service it's provided, as far as detaining water, it provides a benefit for downstream properties and not this development. Council Member Marsh: The runoff issue originates further uphill in the other neighbors back yards? Chris Brown: Right. There was a brief discussion about the tree loss around the existing pond. Mayor Jordan: Can you estimate how many trees you are going to remove? Brad Brown: No sir. I don't have those numbers in front of me. Council Member Marsh: At what point in our review process do we access tree canopy? We don't look at it at rezoning's, but that does come further along before they are issued a permit. Is that right? Garner Stoll: Yes. Council Member Marsh: By rezoning it, we are allowing it to go through the subdivision process, which provides more protection for trees and drainage? Garner Stoll: It may. Council Member Petty stated he's heard some emphatic arguments, but a majority of them have not compelled him to oppose the rezoning. He spoke about the request being compatible. He stated the pond is the thing that has given him the most concern and the potential loss of it and the trees around it. He stated there's a parcel right now with no restrictions on it above and beyond what's already there in the zoning and the covenants. He stated it could be scraped and have a home put on it today. He spoke about lot width. He spoke about density. He stated he is in favor of the rezoning. Council Member Turk spoke about the neighborhood being well established for a long time. She stated there are plenty of places to have modest increases for density, such as the Highway 71B Corridor. She stated the area should retain its compatibility. She spoke about climate change, water problems, and neighborhood integrity. She spoke in opposition of the rezoning. Council Member Kinion stated due to an administrative error, the validity of the covenants that were associated with this neighborhood, are questioned. He stated the neighborhood was established with covenants and the people who live there expect a neighborhood the way it was designed. He stated he's not going to support someone changing the integrity and heritage of a well-established neighborhood. He spoke about storm water management. He stated there is a problem with the runoff in the area. He spoke about traffic safety. He spoke against the rezoning. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 12 of 21 Council Member Smith spoke about statistics, new home construction, and lot sizes. He spoke about affordability of homes. He stated whatever gets built in the neighborhood is going to be nice and fit in. He stated established neighborhoods are beautiful, but nobody can expect it to never change. He stated if they say no to every established neighborhood, all that is left is green field development on the edge of town. He spoke about traffic statistics on Crossover Road. Council Member Gutierrez stated she received numerous emails and phone calls. She stated she doesn't know how they could improve upon the existing natural state of the land. She trusts that a single-family homeowner would care for the land more than a developer. She stated one intention is to make money and the other intention is to enjoy the neighborhood character. She stated she's in support of density, development, and small affordable homes, but there is no guarantee the homes will be affordable. She would like to see the density move to 71 Business where there is existing amenities and walking opportunities. Council Member Marsh stated this is a single-family district being proposed and it would be between RSF-4 and RMF -24, which is right across the street and is a very modest increase in density and appropriate infill step between the two. She stated where the water collects is not the source of the problem because the source of the problem is uphill. She encouraged existing neighbors to correct the drainage and runoff issues in their yards. She stated the property is within less than a quarter of a mile of many basic services, such as grocery stores, banks, restaurants, and convenient stores. She spoke about infrastructure improvements for future development. She spoke about transportation. She spoke about multi -generational neighborhoods. She believes the rezoning is a great proposal. Council Member Bunch spoke about the aging population and multi -generational neighborhoods. She doesn't believe this is spot zoning. She stated her concerns about drainage. She spoke about traffic concerns. She stated vehicles traveling on Crossover Road are not all Fayetteville citizens. Council Member Scroggin spoke about citizen concerns of environment, drainage, and traffic. He stated walkability is possible in the proposed rezoning area. He stated there isn't an option to keep the pond if the developer wants to take it down because it can be done in the current zoning. He spoke about affordability of homes. He spoke in support of the rezoning. Council Member Kinion spoke about traffic safety concerns entering and exiting the neighborhood and traffic within the neighborhood. He stated he isn't talking about the pond, but the permeable surface that slows down the water that helps with volume and velocity of water. He spoke about the storm water study. He stated there is a lot of water running off the top of the hill that's going through the neighborhood and is at the very bottom before it gets to Crossover Road, which will cause problems. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 4-4. Council Members Smith, Marsh, Petty, and Scroggin voting yes. Council Members Bunch, Turk, Gutierrez, and Kinion voting no. This ordinance failed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 2, 2019 Page 13 of 21 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. At the March 19, 2019 City Council meeting this ordinance was left on the Third Reading and Tabled to the April 2, 2019 City Council meeting. City Attorney Kit Williams: Some Council Members were concerned about potential gas stations. The applicant has submitted a Bill of Assurance to not include gas stations. Garner Stoll, Development Services Director: The Bill of Assurance prohibits an underground storage and it prohibits the use of a gas station. City Attorney Kit Williams: I have redrafted the ordinance to include reference of the Bill of Assurance that has been offered. Your first consideration is if you would like to amend the ordinance. Council Member Marsh thanked the owner for working with Council. She stated this has been a challenge with the Light Industrial zoning. She hopes at some point they will amend the zone to remove gas stations and underground storage by right uses. Applicant's Representative spoke briefly about the property description. Mayor Jordan: Thank you. Council Member Smith moved to amend the ordinance by accepting the Bill of Assurance. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. Council Member Smith spoke about the property description. He stated he will be supporting the rezoning. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6165 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. At the March 19, 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 Gutierrez 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 April 2, 2019 Page 14 of 21 City Attorney Kit Williams read the ordinance. City Attorney Kit Williams stated the small scale site improvement plan was not included in the applicability section of the ordinance and it should be included. He spoke about a new Section 1 he created to include the small scale site improvement plans. He read the new section and requested for Council to amend the ordinance to accept Section 1. Council Member Smith made a motion to amend the ordinance and then withdrew his motion. Council Member Petty: At what point in a large scale site improvement plan would a parkland in lieu fee be required to be paid? Ted Jack, Park Planning Superintendent: This time it's when their final plat is filed. Council Member Petty stated he doesn't think this should be applied at this level. He stated it should be applied when building permits are done, specifically at the end of the permitting process when Certificates of Occupancy are issued. He stated paying parkland fees should be a requirement to achieve a Certificate of Occupancy. He stated as it is written today he believes there are problems. He stated he is okay with the proposed amendment in the context of the current structure, but can't vote for maintaining the current structure. He stated units are converted from commercial to residential or residential to commercial and in one case they don't charge a fee and in the other a fee is charged, but then there is no credit. He stated a Certificate of Occupancy would get around every single one of the issues in a clean way. City Attorney Kit Williams stated Garner Stoll and he decided for other reasons to not immediately write it the way Council Member Petty spoke about. He stated there are issues trying to be resolved that are major. He stated they agree with Council Member Petty and it should be done in a different way. He stated something else will be brought back to Council, but they just aren't ready tonight. He stated a more comprehensive rewrite is needed. Garner Stoll: I believe best practices collects this at the building permit phase. If the house isn't built, those would be returned. I understand waiting for the Certificate of Occupancy, but that's a weak tool. When a moving van is about ready to go into a house and we haven't collected the park fee, you have some difficulty. Council Member Petty: I appreciate it's something being worked on and we might refund, but there's still the issue of double dipping on parcels and the cumbersome nature of the process. I'm not convinced we don't have time to make some of the changes I'm suggesting. I would like more time with the ordinance in a setting where we can discuss these things at a more technical level. Council Member Marsh suggested sending the item to the Ordinance Review Committee for further study. She stated she agrees with the intent of the ordinance, but is having trouble with the technicalities. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 15 of 21 Council Member Smith stated this is a bit more complicated. He stated now we are looking at when we access fees, like this isn't also an option to dedicate land. He stated he's not sure how you access a land dedication after something is already built on it. He wants more time to talk about the ordinance. City Attorney Kit Williams: This would cover both dedication and fees. It talks about the applicability of the subsection. If you don't change it now and somebody brings a small site improvement plan, then we can't access any fees. If that's what you want, then we can do that. There is a major issue I need to try and get resolved with the developer. I'll be bringing it to you, but the reason I didn't want to immediately change this is because it's a delicate matter. I want to bring you a contract to resolve this other issue. It is much more substantial than a few minor park fees. I'm asking for you to not have an Ordinance Review Committee meeting. Council Member Kinion: We have a pending situation we need to deal with and that's why this is in front of us tonight? City Attorney Kit Williams: The pending situation is that we forgot to put in small site improvement plans. There is another thing that's much more significant I've been working on with an entity to get a proposal to bring to the City Council. There was a brief discussion about approving the ordinance that was recommended to City Council. Council Member Smith reiterated what he just heard. He stated to adjust the fees the way they are being collected, he is fine with passing the whole thing tonight and looking at the smaller problems later. He stated they aren't new problems. Council Member Smith stated he wanted to make a motion to table the ordinance for more time to review the item and then withdrew his motion. Ted Jack stated it would be nice to fix the small scale site improvement plan to avoid problems. Council Member Turk moved to amend the ordinance by adding the small scale site improvement plan to the applicability section. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Council Member Petty: I think this needs more time. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-2. Council Members Bunch, Turk, Smith, Gutierrez, Kinion, and Scroggin voting yes. Council Members Marsh and Petty voting no. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 16 of 21 Council Member Petty stated he is in support of updating the ordinance, but has deeper concerns. He stated he doesn't have a problem with parkland dedications and thinks they are the right thing for the city to require. He spoke about the ordinance needing to be rewritten because it incentivizes the wrong things. Council Member Marsh spoke about taking a more comprehensive look at the ordinance. She stated if the city is serious about building more small infill housing, then she believes the ordinance is working against them in its current format. Council Member Gutierrez stated they need to continue to work toward incentivizing denser and more responsible development. She doesn't see this as a final draft, but rather working toward a better solution. City Attorney Kit Williams: This increases the amount that multifamily is having to pay in relation to single family. This is based on the census. It used to be that single family paid significantly more and now multifamily is paying almost as much. That is the change this ordinance is making. Whether you pass this tonight, we are bringing this back. There was a brief discussion about City Attorney Williams being in individual negotiations with an entity. Don Marr, Chief of Staff spoke about an Impact Fee Study. He stated in the interim of the policy decision to make the change in collection, it's important to collect the correct dollar amount and the current occupancy expectations as has been done historically to develop the property with adequate funding. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Members Petty and Scroggin voting no. Ordinance 6166 as Recorded in the office of the City Clerk New Business: Electric Motor Center of Springdale, Inc. - Aerator Mixer Motors: An ordinance to waive competitive bidding and accept a quote in the amount of $12,830.67 plus applicable taxes, from Electric Motor Center for the repair of four aerator mixer motors at the Noland Wastewater 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 17 of 21 Council Member Kinion stated this had been through the Water, Sewer & Solid Waste Committee. He stated this is something they have to do. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Smith, Gutierrez, Marsh, Kinion, Petty, and Scroggin voting yes. Council Member Turk was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Smith, Gutierrez, Marsh, Kinion, Petty, and Scroggin voting yes. Council Member Turk was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6167 as Recorded in the office of the City Clerk Electric Motor Center of Springdale, Inc. — Rotating Assembly and Motor Drive: An ordinance to waive competitive bidding and accept a quote in the amount of $22,929.95 plus applicable taxes, from Electric Motor Center for the replacement of a rotating assembly and repair of a motor drive in an influent pump used at the Noland Wastewater Treatment Facility, and to approve a budget adjustment. 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 Marsh moved to suspend the rules and go to the second reading. Council Member Turk 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 Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 18 of 21 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6168 as Recorded in the office of the City Clerk Amend Section 51.136 Monthly Water Rates: An ordinance to amend §51.136(C) Monthly Standby Fire Protection Service rates so that rates are based on the smaller of the incoming water line size or the backflow preventer, and to provide for biennial rate reviews instead of automatic annual rate increases. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Smith: This is aimed at the commercial sector. Would this also apply to residential sprinkler installations? Tim Nyander: It would in a sense. The residential sprinkler systems are geared up in a different way. It still won't go through a meter, but there's not so much of a standby or fire protection fee. We are going to determine that in a different way. Council Member Marsh 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. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6169 as Recorded in the office of the City Clerk Amend §166.23 Urban Residential Design Standards: An ordinance to amend §166.23 Urban Residential Design Standards of the Unified Development Code to clarify the requirement for adequate space and screening of recycling and trash containers in new urban residential developments. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 19 of 21 Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the ordinance. The Planning Commission voted 6-0 to forward it to Council for approval. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk 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 Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent during the vote. Ordinance 6170 as Recorded in the office of the City Clerk 2019 Fire and Police Step Pay Plans: A resolution to approve the 2019 Fire and Police Pay and Benefits Study Report prepared by the Johanson Group, and to adopt the 2019 Fire and Police Step Pay Plans. Don Marr, Chief of Staff stated the city conducted a pay plan study. He stated the Council of 2018 had a pay plan subcommittee and the decision and recommendations were forwarded to the full Council to separate the Police and Fire Pay Study from the Merit Employee Pay Study. He stated they will start in odd years with the Police and Fire Study and even years with the Merit Employee Study. He stated Blair Johanson, of the Johanson Group was selected to do the study on behalf of the city. He spoke about the benchmark cities that were utilized and it was identified there are some significant differences between the cities. He spoke about total compensation. He stated the goal was to be at market at pay and hopefully exceed market or lead the market after evaluating benefits. Blair Johanson, Johanson Group gave a brief description of the pay plan study conducted. He stated they looked at the five prevalent benefits offered. He stated when compared with what the city offers and what is being offered in the marketplace, they're in compliance with the city's objective to use total rewards to exceed the market to be competitive on base pay and exceed the market in the combination of both base pay and benefits. Peter Tonnessen, Ward 3: This is a flawed methodology. The 4% merit increase, is that applied to 223 of the 238 Fire and Police Officers? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2019 Page 20 of 21 Paul Becker, Chief Financial Officer: It's not applied to Police Officers or Firefighters. It doesn't apply to sworn officers. Peter Tonnessen stated his dissatisfaction with the resolution. He stated his beliefs about the City of Fayetteville having high tax rates. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 86-19 as recorded in the office of the City Clerk 2019 City -Wide Employee Compensation: A resolution to approve a budget adjustment in the amount of $1,830,000.00 to fund the city-wide 2019 Employee Compensation Adjustment. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Council Member Petty: It was suggested Fayetteville has one of the highest tax rates, but that isn't true. In Washington County, Elkins, Greenland, Prairie Grove, Tontitown, and West Fork have higher tax rates. We are tied with Farmington, Johnson, Lincoln, and Springdale. City Attorney Kit Williams: Thank you to the City Council for continuing the tradition for more than a quarter century of paying slightly more than the bottom basement we have to pay, but getting the best people and having people stay. It is known throughout the area that Fayetteville is a great place to work and a great place to live. Don Marr, Chief of Staff stated affordable housing also starts with wages. He stated 65% of city employees live outside the City of Fayetteville. He stated the goal is to not just get housing prices down, it's to get pay up so people can afford to purchase things and live in the cities in which they would like too. He spoke about the workload that City of Fayetteville employees are responsible for. He stated citizen satisfaction is in the 90% range and it's due to a leadership directive from all the management and hiring individuals with an attitude of being public servants. He stated when you pay employees you are investing in your single greatest asset. He stated 80% of the city's budget is in labor and if you don't take care of that, then you will not have a very good city. He stated there is a significant decline currently with people wanting to go into law enforcement. He stated all employees are important and having competitive wages are important. He stated keeping the city competitive in pay is critical. Council Member Marsh: The City of Fayetteville has high standards and our citizens expect a very high level of service. I want our Police Officers and Firefighters to be professional. We hear bad news from communities around the country and I don't want to ever hear that out of Fayetteville. Part of upholding that is treating them like professionals with good compensation, training, benefits, equipment, and facilities. Mayor Jordan spoke about the pay study. He stated the best investment that can be made is in the people that work and serve the citizens of Fayetteville. He spoke about bringing everybody up to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 2, 2019 Page 21 of 21 market and being competitive in the region. He believes you need to pay people market wages that work for the city. He spoke about employees working hard and earning their wages. He stated it's important that City Council regard staff as people that are above another level and should be paid at the level they have earned. Council Member Petty moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 87-19 as recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff spoke about the Joe Martin Stage Race. He stated Fayetteville has been recognized as a Tree City USA for the 24" consecutive year. He spoke about the 2019 Bond Election. He spoke about the Spring Bulky Waste Cleanup. Information can be viewed on the city website. Council Member Gutierrez reminded citizens about the Ward 1 meeting in City Hall on April 4, 2019 in Room 111 at 6:00 p.m. City Council A nda Session Presentations: Agenda Session Presentation - Pay Plan, Paul Becker Agenda Session Presentation from Interim HR Director Michele Bechhold, Chief of Staff Don Marr and Blair Johannsson of Johannsson Consulting presenting the Police and Fire Pay Plan Study results. Citv Council Torr: None Ad.iour nient;-9:24, p.m. l-f�C.r Held J.ar n, Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov