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HomeMy WebLinkAbout2020-02-04 - 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 Kara Paxton City of Fayetteville Arkansas City Council Meeting February 4, 2020 City Council Meeting Minutes February 4, 2020 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 February 4, 2020 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, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Kara Paxton, Staff, Press, and Audience. Absent: Council Member Mark Kinion Pledge of Allegiance Mavor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 2 of 21 Consent: Approval of the January 7, 2020 City Council meeting minutes. Approved Bid #20-03 S and R Trucking: A resolution to award Bid #20-03 and authorize the purchase of truck hauling services from S and R Trucking Winslow, LLC as a primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2020. Resolution 39-20 as recorded in the office of the City Clerk Bid #19-54 KAJACS Contractors, Inc.: A resolution to approve Bid #19-54 and authorize a contract with KAJACS Contractors, Inc. in the amount of $1,595,000.00 for the construction of approximately 3,300 linear feet of 24 -inch water main along Morningside Drive, and to approve a project contingency in the amount of $159,500.00. Resolution 40-20 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to approve Supplemental Agreement No. 3 to the contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $125,258.00 for construction management and observation services associated with the Morningside Drive 24 -inch Waterline Replacement Project. Resolution 41-20 as recorded in the office of the City Clerk Bid #19-61 Haynes Pump and Process, LLC: A resolution to award Bid 19-61 and authorize the purchase of two sealing slide gates for the aeration basin at the Noland Water Resource Recovery Facility from Haynes Pump and Process, LLC in the amount of $32,150.00 plus applicable taxes and freight charges. Resolution 42-20 as recorded in the office of the City Clerk Graybar Electric Company, Inc.: A resolution to approve the purchase of two high voltage switchgears and ten pad -mounted transformers for the Noland Water Resource Recovery Facility from Graybar Electric Company, Inc. in the amount of $411,760.00 plus applicable taxes and freight charges, pursuant to a U.S. Communities National Cooperative Purchasing Program contract. Resolution 43-20 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc.: A resolution to approve a professional engineering services agreement with Hawkins -Weir Engineers, Inc, in the amount of $162,130.00 for design, bidding, and construction management services for the construction of a gravity bypass sanitary sewer near North Gregg Avenue and North Fulbright Expressway. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2020 Page 3 of 21 Resolution 44-20 as recorded in the office of the City Clerk Bid #19-63 H&H Electric, Inc.: A resolution to award Bid #19-63 and authorize a contract with H&H Electric, Inc. in the amount of $362,225.00 for the Beacon and Wind Cones Project at the airport, to approve Change Order No. 1 to change the location of the power supply for the proposed beacon and reduce the construction cost to $281,550.00, to approve a budget adjustment recognizing an 80-20 grant received from the ADA, and to approve a project contingency in the amount of $31,250.00. Resolution 45-20 as recorded in the office of the City Clerk Creamer Pilot Services, LLC and M.K. Rockwell Investments: A resolution to approve a three year lease agreement with Creamer Pilot Services, LLC and M.K. Rockwell Investments for office space in the Airport Terminal Building at 4500 South School Avenue for rent in the amount of $411.60 per month. Resolution 46-20 as recorded in the office of the City Clerk Alpine Aviation: A resolution to approve a three year lease agreement with Alpine Aviation of Fayetteville, Inc. for hangar space in the Airport Terminal Building at 4166 South School Avenue for rent in the amount of $700.00 per month. Resolution 47-20 as recorded in the office of the City Clerk Surfco Restoration and Construction, LLC: A resolution to approve a three year lease agreement with Surfco Restoration and Construction, LLC for office space in the Airport Terminal Building at 4500 South School Avenue for rent in the amount of $594.25 per month. Resolution 48-20 as recorded in the office of the City Clerk Bid #19-58 Clifford Power Systems, Inc: A resolution to award Bid #19-58 and authorize a Generator Maintenance Contract with Clifford Power Systems, Inc. for a term of one year with automatic renewals for up to four additional one year terms in the annual amount of $27,724.00, plus the costs of any non-scheduled service calls. Resolution 49-20 as recorded in the office of the City Clerk Lewis Ford: A resolution to approve the purchase of two Dodge Ram 1500 trucks from Lewis Ford of Fayetteville in the total amount of $45,655.00, pursuant to a state procurement contract, for use by the Facilities Management Division and Utilities Department, and to approve a budget adjustment. Resolution 50-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 4 of 21 Superior Chevrolet: A resolution to approve the purchase of a Chevrolet Traverse from Superior Chevrolet of Siloam Springs in the amount of $24,389.00, pursuant to a state procurement contract, for use by the Parks and Recreation Department. Resolution 51-20 as recorded in the office of the City Clerk Repeal Resolution No. 274-19: A resolution to repeal Resolution No. 274-19 and authorize the purchase of a Hybrid Ford Interceptor from Lewis Ford of Fayetteville in the amount of $36,233.00, pursuant to a state procurement contract, for use by the Police Department. Resolution 52-20 as recorded in the office of the City Clerk RFP 19-04 Quality Collision Repair: A resolution to award RFP 19-04 and authorize a contract with Quality Collision Repair for collision repair services for city vehicles. Resolution 53-20 as recorded in the office of the City Clerk Project Safe Neighborhood Grant Award: A resolution to authorize acceptance of a Project Safe Neighborhood Grant award in the amount of $13,000.00 for the Fayetteville Police Department, and to approve a budget adjustment. Resolution 54-20 as recorded in the office of the City Clerk Fourth Judicial District Drug Task Force: A resolution to authorize acceptance of a Project Safe Neighborhood Grant award in the amount of $23,000.00 for the Fourth Judicial District Drug Task Force, and to approve a budget adjustment. Resolution 55-20 as recorded in the office of the City Clerk Fayetteville Fire Department Donation Revenue: A resolution to approve a budget adjustment in the amount of $100.00 representing donation revenue to the Fayetteville Fire Department from Arvest Bank for the annual employee service awards event. Resolution 56-20 as recorded in the office of the City Clerk MSI Consulting Group, LLC: A resolution to authorize the purchase of annual software maintenance from MSI Consulting Group, LLC for Virtual Justice software used by the District Court, Police Department and the City Prosecutor Division in the amount of $21,600.00 plus applicable taxes, and to approve a 5% project contingency in the event additional licenses are needed. Resolution 57-20 as recorded in the office of the City Clerk Arkansas Department of Transportation: A resolution to approve a budget adjustment recognizing federal -aid funds received from the Arkansas Department of Transportation in the amount of $286,512.00 for right of way acquisition for the Sain Street Extension Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 5 of 21 Resolution 58-20 as recorded in the office of the City Clerk Wetland Program Development Grant: A resolution to authorize acceptance of a Wetland Program Development Grant in the amount of $217,702.00 from the Environmental Protection Agency Region 6 for the restoration of Tanglewood Branch, and to approve a budget adjustment. Resolution 59-20 as recorded in the office of the City Clerk Ranger's Pantry Senior Giving Tree: A resolution to approve a budget adjustment for the Community Resources Division in the total amount of $3,497.00 representing donations from citizens and local businesses. Resolution 60-20 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. Unfinished Business: ADM 19-6927 (NE of N. Cross Ave. & W. Markham Rd./Markham Hill PZD Amend): An ordinance to amend Ordinance No. 6096 which enacted Commercial Planned Zoning District 18- 6318, Pratt Place Inn & Barn, at 2231 West Markham Road to reduce the front setbacks for Planning Area 2 along Cross Avenue. At the January 21, 2020 City Council Meeting this item was left on the First Reading. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-1. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, and Marsh voting yes. Council Member Turk voting no. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-1. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, and Marsh voting yes. Council Member Turk voting no. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. Lawrence Finn, Specialized Real Estate Group stated he was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2020 Page 6 of 21 Council Member Petty requested for Mr. Stoll to speak about the timeline with respect to changing street dedication requirements and the approval of the PZD request be modified. Garner Stoll stated the preliminary plat dedicated approximately 1.5 feet additional right of way from the existing right of way which moved the setback 1.5 feet. He stated the 2040 Master Plan asked for additional dedication of 1 foot on each side and the 1 foot is to accommodate a wider sidewalk. He stated it is approximately 2.5 feet or half of the requested change. He stated the reason they are proposing to go from 20 to 15 feet is because the entire zoning ordinance doesn't go in between numerals of five. He stated he doesn't have a 17.5 -foot front yard setback. Katie Simon, 817 North Sunset Drive spoke about the existing neighborhood context. She spoke about environmental and conservation issues. She read through a list of questions that she previously emailed to the City Council. She spoke in opposition of the ordinance. Fran Alexander, Fox Hunter Road stated the houses are too close together and make the street look like a row house neighborhood. She stated the development does not make transition and it's not compatible. She spoke in opposition of the ordinance. Carl Williford, 1433 North Garland Avenue stated he would continue reading from where Katie Simon left off. He read through the emailed questions that were sent to Council. He spoke about saving Markham Hill. He spoke in opposition of the ordinance. Martha Sutherland, Haskell Heights: Will reducing the front setbacks along Cross Avenue imperil the important row of trees along there? Mayor Jordan: No. Garner Stoll stated no. He stated the trees are in the city right of way. He gave a brief history of the trees. He stated the city's foresters' have carefully reviewed the plan and believe the trees that were planted 15 years ago will survive. Rob Karas, 1666 West Halsell read the Rules of Order and Procedure of the Fayetteville City Council. He spoke about Council Members recusing if there was a conflict of interest. He spoke about bankruptcy issues. He spoke about code of ethics. Renigene Smeg, 803 North Park Avenue spoke about saving Markham Hill from development. She spoke against the ordinance. Robert Koser, 1777 West Halsell stated they are too close to the road. He spoke in opposition of the ordinance. Madilyn Reed, 1662 North Evening Shade Drive stated she is against the development. She spoke in opposition of the ordinance. Michael Hegarty, 1788 West Halsell spoke about the many citizen signatures received that are against the development. He spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 7 of 21 Council Member Marsh stated the decision has already been made to develop Markham Hill and this is about property rights. She stated when the deal was made, the city was able to preserve the most environmentally sensitive parts of the mountain. She stated the development was shifted to a place where it was closer to jobs, transit, and existing development. She stated this request would put the houses in alignment with the existing property rights of adjacent parcels. She stated no significant trees are being proposed for removal within the zone discussed. She spoke about a grade change. She spoke in favor of the ordinance. Council Member Petty: What was the vote tally when we voted on the rezoning? Garner Stoll: It was unanimous on the Planning Commission and City Council, Council Member Petty: There was a request for anyone with a relationship with Specialized Real Estate to disclose that information. I will do that again for the third time from the stand. We manage a property that I have a minority interest in. I am not going to recuse. There have been some allegations that I might be on the take or impartial. Our relationship doesn't work like that. They provide professional property management services for this property. In our transactions, it's me and my investors who are sending them payments. I don't think my impartiality has been compromised at all and I'm not conflicted. Regarding this decision, this is a smaller issue that is standing in for much deeper concerns for people that are in opposition, but it is Council's job to focus on the decision at hand. The trees are incredibly important and staff has determined the trees aren't under any threat. I am for the ordinance. City Attorney Kit Williams: The accusation against Council Member Petty was brought up in court during the appeal of this ordinance you are considering for amendment. I responded to that and argued against it. The Judge ruled in our favor. Regarding the Bankruptcy Court, we don't have any control over that. Council Member Gutierrez requested to know more about the turning radius. Lawrence Finn stated the turning radius has to do with the relationship of the house to the street. He spoke about the designation of the street right of way. He spoke about protecting the trees. He spoke about compatibility. Council Member Gutierrez spoke about the design element. She stated she is wondering if they have exhausted all possibilities of getting the cars in the driveways without having to reduce the setback. Lawrence Finn: We have been working with staff. We took great pains into making that relationship appropriate to deal with the rear load and front setback to protect the trees. A lot of work and effort went into the design we have now. Council Member Scroggin stated he is glad Fayetteville has the rules it does, and that the city has the tree and sign ordinances. He stated when are we being difficult to get rid of the things that we don't want and when are we being difficult to just be difficult. He stated hammering down on a 5 - foot setback is being difficult to be difficult. He spoke about the developer trying to save the trees. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 8 of 21 He spoke about conservation and parks, such as Lewis Park, Kessler Mountain, Centennial Park, and Gulley Park. He stated Mayor Jordan has done impressive things for conservation. He spoke about partnerships in conservation. He spoke in favor of the ordinance. Council Member Turk stated Specialized Real Estate Group prides itself on being environmentally friendly in a conservation community. She stated she is glad they took notice that the trees were important, but it doesn't mean they shouldn't change their design slightly and move those houses back. She stated having a 15 -foot setback is not compatible with the neighborhood and it is a stylistic decision. She stated Specialized Real Estate Group should have known that the trees had been planted and nurtured by the neighbors for many years and questions what other things there have been oversights of. She spoke about this being the start of promises broken and they should stick to their agreement. Council Member Bunch: When did the designation of the street change? Garner Stoll: With the 2040 Plan. Council Member Bunch: On these four lots in question, does the cross-country track go across these lots? Garner Stoll: No. There was a brief discussion about what reading the ordinance was left on at the last City Council meeting. City Attorney Kit Williams spoke about the rules about advancing to the next reading. Council Member Smith stated no issue since he has been a Council Member has received as much constant feedback from a dedicated group of people as this one. He stated he doesn't want citizens to feel like they haven't been heard. He stated there hasn't been anything new since Council decided the original question of the PZD and rezoning. He spoke about the city's housing needs. He stated adapting the setback to accomplish the intent that was stated all along makes the project better. He spoke in favor of the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2. Council Members Petty, Scroggin, Bunch, Smith, and Marsh voting yes. Council Members Turk and Gutierrez voting no. Council Member Kinion was absent. Ordinance 6278 as Recorded in the office of the City Clerk New Business: Double Springs Development, LLC: A resolution to approve a cost share agreement with Double Springs Development, LLC for the upsizing of a sewer line in the Goose Creek Village Subdivision 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes February 4, 2020 Page 9 of 21 with an amount not to exceed $72,976.00 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $14,595.20. Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the Water & Sewer Committee recommended forwarding it to the City Council for consideration. Council Member Smith: On the Dot Tipton Lift Station, we can take that offline with this addition. What kind of savings does that amount too? Tim Nyander: It would be the savings of one of the electrical costs and the maintenance cost of going to check the lift station to make sure it is running. Over time it would end up being substantial. Council Member Smith: There is a section of Fayetteville city limits further out to the west that still doesn't have sewer service. Would this extension be providing them access or setting them up for future access? Tim Nyander: The sections you are talking about would not be serviced by this line because of the topography. The areas shaded would be able to have access to the sewer. Will Dockery, 4149 Bradstreet Lane spoke about his concerns for the future on the west side. He spoke about sprawl, being prepared for the demand, and where are all the future people who live out there are going to work. Mayor Jordan: What was the vote at the Water & Sewer Committee? Tim Nyander: 4-0. Council Member Petty stated he is on the fence with the decision. He requested for Council Member Smith to talk about what he thinks is best for the city. Council Member Smith spoke about trying to get more insight on the topic. He stated this is not a water and sewer issue. He stated this is about land use. He spoke discouraging urban sprawl. Mayor Jordan requested for someone on the Water & Sewer Committee to talk about the 4-0 vote. Council Member Scroggin stated it seems reasonable as we are developing to make sure the lines are big enough for future development. He spoke about Ward 4 needing jobs. He spoke about future developments producing sewage and will need a place for it to go. Council Member Gutierrez stated she was on the Water and Sewer Committee. She stated the developer is ready to do their development. She stated they need this to complete it and are willing to share the cost, which is why it was moved forward. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 10 of 21 Council Member Marsh spoke about sprawl enabling. She suggested holding the item until the next City Council meeting to have more time to review it. Council Member Turk stated she is not one to ever discourage more thought on a topic and supports holding it. She stated she was on the Water & Sewer Committee and this looked like upsizing a pipe. She stated the committee did not discuss land use and development. She stated she is in favor of the creation of neighborhood nodes and jobs in that area. Council Member Scroggin: What is the timeline for the developer? I don't want them to put'in the smaller pipe because we are taking too long to decide. Garner Stoll: The emphasis for this upsizing is a development in Farmington. It involved a change of zone. The state law required City Council to review it for compatibility, which you did and approved it. It could perhaps open up some possibilities for connections in Fayetteville. This is right into center of the 2040 Action item, which we need to take a hard look at our planning area. We need to look at what tools are available to promote orderly growth in the planning area. The pipe is one of those tools that most communities use. Mitigating that idea is the fact that we are providing services to Farmington. Tim Nyander: Right now, there is no sewer line at all. To fulfill the requirements of this specific subdivision, an 8 -inch line would be sufficient. When you look at the future land growth and Master Plan, a 15 -inch line is recommended 7,000 feet to cover this whole area. This would save us money by not having to go back later and install a 15 -inch sewer line. Council Member Scroggin: We don't know if we will lose the option in two weeks? Tim Nyander: I can find out the answer. Council Member Scroggin stated they can table if they choose too. Council Member Smith: The small line would get built regardless and it would be done on the developer's expense? Tim Nyander: Correct. Council Member Smith: We aren't talking about leaving anybody without sewer. We are talking about $70,000 on whether we build in capacity for the future? Tim Nyander: Correct. Council Member Smith: This is more than two miles out past Rupple Road, which is almost another world of sprawl. Is the $70,000 we spend now as a savings for what we might spend later? Is that an expense that's imminent and coming very soon? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 11 of 21 Tim Nyander: As development occurs you would get 8 -inch lines and you get to a point in the future where the 8 -inch line is not enough. Someone is going to have to go in and upsize the line for the full length. City Attorney Kit Williams: At that point we would have to go back and build our part of that larger line. We couldn't constitutionally require that developer to go back and rebuild this line much bigger. It would be our expense for at least the part that is already in the ground. Tim Nyander: Correct. City Attorney Kit Williams: There would be a cost to the city. Council Member Petty stated he wasn't in favor of tabling. He spoke in opposition of the request. He stated perhaps not having the capacity there in the first place prevents the developments enabled by the capacity from occurring at all. Council Member Smith requested to look at the map where the Fayetteville and Farmington city limits are. He stated looking at the map it would serve a lot of Fayetteville area that the city is responsible for planning and a little bit of Farmington area that they are responsible for planning. Garner Stoll stated Council Member Smith was correct. Council Member Smith: If this were serving the majority of Farmington where they are going to make the decisions anyway with out a lot of our input, I would probably yield to support it. I think I will vote no because of future pressure on that boundary area. Council Member Marsh: Where is this in relation to Rupple Road? Are we way out past it and not even on this map? Garner Stoll: Yes. Council Member Marsh: We've tried to establish that the Rupple Road area is going to be our urban growth boundary. It's part of our enduring green network and I'm not interested in adding more capacity. I will be voting no. Council Member Scroggin moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 5-3. Council Members Scroggin, Bunch, Turk, and Gutierrez voting yes. Mayor Jordan voted yes. Council Members Petty, Smith and Marsh voting no. Council Member Kinion was absent. Resolution 61-20 as recorded in the office of the City Clerk Assembled Products Corporation d/b/a Jotto Desk: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of upfit items from Assembled Products Corporation d/b/a Jotto Desk for Police Department patrol vehicles. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 12 of 21 City Attorney Kit Williams read the ordinance. Sara Glenn, Fleet Operations Superintendent gave a brief description of the ordinance. Council Member Gutierrez 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 Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. Ordinance 6279 as Recorded in the office of the City Clerk VAC 19-6948 (SW of Mt. Comfort & Rupple Rd./Hazen): An ordinance to approve VAC 19- 6948 for property located Southwest of Mount Comfort Road and Rupple Road to vacate a portion of a drainage easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. City Attorney Kit Williams: There was a scrivener's error where it talks about a general utility easement. It will be changed to drainage easement. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Turk 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 13 of 21 Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. Ordinance 6280 as Recorded in the office of the City Clerk VAC 19-6947 (411 E. Maple St./Moore): An ordinance to approve VAC 19-6947 for property located at 411 East Maple Street to vacate a portion of a water and sewer easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the applicant is agreeing to 7 -feet and utilities common practice is to have at least 10 -feet. He stated if you get the other 10 -feet on the other lot, you would have 20 -feet to maintain the sewer line. He stated staff recommends 10 -foot as requested by the Utilities Department. He stated the Planning Commission recommends retention of 5 -foot easement. Wayne Moore, Applicant stated he thought the discussion was going to be about a 5 -foot easement that had been recommended by the planning Commission. He gave a brief history of the easement. He spoke about his agreement made with the city. He stated if the sewer line has to ever be replaced, it is not going to replaced in its current position. He stated it makes no sense for a 6 -inch sewer line to be sitting there down his private property lines. He stated they need to go to the street. He stated it is not fair for the city to ask for part of his property when it is not for the benefit of the city. He stated he is okay with leaving the easement within his setback. Mayor Jordan: Who determined all of this? Garner Stoll: The Utilities Department asked for the 10 -feet. Mayor Jordan: Did this go to the Water & Sewer Committee? Tim Nyander: No. This is an unusual condition where we are vacating an entire easement and trying to leave a portion of the easement for the sewer line because of the easement that was granted in the 40's. Our standard is 20 -foot easement to work on a sewer line. You start reducing lower than that and you start talking about equipment fixing and things will have to be done differently. This is a very busy easement. A private sewer line will probably be a public sewer line sometime in the future. A property owner has the right to build right up to the easement. If the easement is right next to the sewer line and if we damage or trespass, we are liable for any damages that would have to paid for with public funds. We try to get the standard of a 20 -foot easement on all sewer easements so there is enough room to work and be safe. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 14 of 21 City Attorney Kit Williams: We don't allow this kind of development anymore where private sewer lines are running into a larger private sewer line before it ever gets to our sewer main. Is that correct? Tim Nyander: We do not do that anymore. It's all the corrections that we have made from years past. City Attorney Kit Williams: It could be terrible problems if you have an old line like this where it could back up in somebody's house. It wouldn't be our sewage. It would be their sewage. They could have real issues between the homeowners about what is happening and who is going to fix it. Tim Nyander: You are correct. It wouldn't be the city's sewer line, but you would have sewage out on the ground, which would be a public health hazard. City Attorney Kit Williams: Somebody would have to act quickly on that. The other option for the Council is if they did not want to allow this condition to continue, then they would vacate the entire blanket easement and tell everybody they have to hook up to the main in front of the house, but that could require pumps, which all the current owners that aren't using pumps might not be overjoyed about it. Is it that we have to have either an easement big enough that we can work on it or require everybody to pump to the sewer main that is in front of their house? Tim Nyander: That is true. We haven't surveyed it, but each one of those homeowners would have to reverse the direction of their sewage flow and send it to the street. City Attorney Kit Williams: There's not an easy option, but you all should know what the two options are. In the future if we ever have to go in and fix it ourselves, we will need an easement for it, and we will be installing a new sewer main at our cost. Council Member Smith: If we were to replace those and run them out to the curb, how long would that take? Tim Nyander: It would be the responsibility of the homeowner to install the pumps and run the services out to the street. We provide the sewer taps. We could do all those fairly quickly. Council Member Smith: If they were to do that, are they looking at days or weeks? Tim Nyander: A couple of weeks for one residence. Council Member Smith: It would cost how much? Tim Nyander: I wouldn't want to say how much it would cost without checking. It would take a grinder pump and a wet well. Council Member Smith: Tens of thousands? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes February 4, 2020 Page 15 of 21 Tim Nyander: Yes. City Attorney Kit Williams: That is a continuing expense because those pumps will break down. Mayor Jordan: A lot of these are breaking down across town. Homeowners are having to replace them and they are significant. Council Member Turk: Are you talking about the pumps or the private sewer line? Mayor Jordan: Some of these older neighborhoods are hooked up on a line and all the houses go to a line. When it breaks down, the homeowners are responsible for replacing those lines. Tim Nyander: That is true. The old private sewer lines collapse on themselves and causes a big problem for the homeowners. Mayor Jordan: I remember at least two that have broken down. It's always a few thousand dollars per homeowner to replace those. It is expensive. Council Member Smith: Mr. Moore, I'm still trying to wrap my head around how you got into this mess. Did you call the city before or after you bought the property? Wayne Moore: After. Council Member Smith: This didn't show up on any of the real estate transactions? Wayne Moore: No, it did not. Council Member Smith: It's in our GIS and I am trying to figure out what kind of title research was done. Council Member Scroggin: When they do surveys, there are errors and omissions insurance. Wayne Moore: The seller lives in England. Council Member Scroggin: Was a survey done? Wayne Moore: There was. I am a practical guy and all for my neighbors being able to flush their commodes. That's not what this is about for me. I am in shock that this is here. I understand the position of doing business where they are asking 10 from everybody and need 20 -feet to work. It's not practical, here. If he took 10 from me, he can't get 10 from the neighbor. The neighbors built 7 -feet within the fence. There is a tree that is at least 100 years old siting on the property line. I don't understand why he wants 10 -feet from me to repair a sewer line, when two of the four people that are being serviced by their sewer line and their homes have been expanded and are sitting on top of the sewer line. I am okay with them putting an easement inside my setback if someone needs to walk up and down my yard to try to service this line, they can do that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes February 4, 2020 Page 16 of 21 Council Member Scroggin stated he would like more time to research. Council Member Turk: Have you spoken to your neighbors about this situation? Wayne Moore: Yes. Council Member Turk: What has their response been? Wayne Moore: The neighbor to my north has just finished remodeling his home. When he pulled his permit, no one at the city told him there was an easement there. They have permitted it and he has moved in. If you took 10 -feet from me and 10 -feet from him, you would have to tear his carport down. Council Member Turk: Have you talked to your other neighbors? Whatever decision we make, they may be affected. Wayne Moore: I have spoken to two of the five people involved. I would be the sixth. Half of us know about it. I have given them notice as required by the City of Fayetteville. Council Member Turk: Did the other two neighbors have an opinion? Wayne Moore: To my knowledge there has been no other comments. Mayor Jordan: I would like to hold this for two weeks. Tim Nyander: If this delays for two weeks, then we will take the time and see on those four houses against Walnut Street to see if they would have to pump or gravity flow. It would make a big difference on the cost. Mayor Jordan: I would like to know the cost. The homeowner brings up a good point. If we take 10 -feet of his property and can't take 10 -feet of the other people's property, I don't know how you are going to get 20 -feet there. Tim Nyander: I respect what he is saying. We are trying to get enough room to work. City Attorney Kit Williams: I think you would make a wise decision to leave it on this reading. We have had this sort of issue before and been sued. Sometimes when you try to be nice to the uphill sewer people, it doesn't always work out. Sometimes it's better to bite the bullet and have the people connect properly, not to a private service line, but to our main. I know it will cost money. I just replaced a private service line I have and it cost me $16,000. This ordinance was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www. fayetteviIIe-ar_gov City Council Meeting Minutes February 4, 2020 Page 17 of 21 R-PZD 19-6858 (2673 N. Collette Ave. Gulley Grove Sd): An ordinance to approve a Residential Planned Zoning District entitled R-PZD19-6858 for approximately 7.90 acres located at 2673 North Collette Avenue to allow the development of 51 attached and detached dwelling units. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Clay Morton, Applicant gave a brief overview of the project. Council Member Scroggin stated his appreciation for the developers bringing a PZD forward. He stated going the PZD route is the appropriate one. He stated he had a lot of emails about this. He stated the fact that there isn't anyone in attendance to speak, which citizens know it's being spoken about tonight, says the neighborhood is probably not fully okay with it, but are a lot more okay than if you said we are going to build eight units per acre. He stated he felt comfortable with adding the volume of traffic this would bring. He spoke in favor of the ordinance. Council Member Bunch: In Planning Area 1, Lot 53, is that going to be a greenspace? Joe Fifer, Crafton Tull: That was the lot with the majority of big oak trees. It is an area set aside for tree preservation. There was a brief discussion about the lot not being built on and it will be preserved. Council Member Bunch: This is a well thought out development. I appreciate their attention to detail. I am pleased they chose to go with the PZD. I like the dedicated pathway that goes through the development. I am in favor of this proposal. Council Member Gutierrez thanked the developer for talking to the neighbors about water and drainage issues. She commended the developer for setting a great example. She spoke in favor of the ordinance. Mayor Jordan: When I toured the site, I was curious about the drainage. It seemed like a significant drop. Was it about 18 -feet? Joe Fifer: From the northwest corner, the property drains to the southeast. It is 35 -feet of drop over 800 -feet, which comes out to about 5% fall across the site. Mayor Jordan: How are you going to drain away from the back of those houses? I like your development and PZD. I was a little concerned about the drop going to the back of the houses. Joe Fifer: The lots along the southern portion are built up to where from the back of the house to the road is kicked -back. We'll have downspout collections also. Because of the way it is going to be built up, the homes that are on the southern portion will be receiving less water than they were. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar gov City Council Meeting Minutes February 4, 2020 Page 18 of 21 Mayor Jordan: That's good. So, you kind of create a swell. Joe Fifer: It will be collected in the road and rooted through the pond. Council Member Scroggin: Does staff agree that the water situation going to Magnolia will be better after this or at least not worse? Garner Stoll: Yes. They not only meet our drainage requirements, but they went beyond them. The drainage plan was already approved by the Planning Commission as part of the preliminary plat. Council Member Turk stated her appreciation of the tour of the site. She spoke about her drainage concerns. She requested for them to talk about the retention pond and the upsizing of the stormwater pipe. Joe Fifer: The site drains from the northwest to the southeast. The homes from the south will be kicked up into the road. It will be collected in storm drain inlets and routed through pipes into the pond. The pond is sized to contain that added runoff that every development increases. There is an outlet structure on one edge that will slowly release that, so the flow stays below pre -development flow rates. We will connect on to where Collette meets Magnolia to the existing storm drainage. We will have to upsize pipes and it will help the situation. Council Member Turk: When you ran your modeling with the water that would be in your retention pond, did you look at this past year where we had so much more water? Did you look at that scenario and ensure that the pond would be able to handle that volume of water. Joe Fifer: Yes. We analyzed from the one-year storm all the way through the 100 -year storm. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams react the ordinance. Council Member Gutierrez 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 Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Smith stated this does a lot of good things that forms a model for other developers. He spoke about improved connectivity and adding a variety of housing types. Mayor Jordan: What is the average price of the houses? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 19 of 21 Clay Morton: It is based on where development cost are looking. We are trying to stay under $300,000. Council Member Scroggin spoke about affordable housing. He stated these help even if they aren't specifically affordable. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. Ordinance 6281 as Recorded in the office of the City Clerk 2020 Overlay/Sidewalk Projects - 2019 Bond: A resolution to approve the Transportation Division Overlay and Sidewalk Projects List for 2020, and to approve a budget adjustment - 2019 Bond. Terry Gulley, Transportation Services Director gave a brief description of the resolution. Mayor Jordan: Did this go to the Transportation Committee? Council Member Petty: Yes. It was reviewed twice at two different meetings. It received the support of the committee members. Terry Gulley: It also went through the ATAC Committee. Mayor Jordan: Good. Thank you for your work on this. Council Member Marsh moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 6-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, and Marsh voting yes. Council Member Gutierrez was absent during the vote. Council Member Kinion was absent. Resolution 62-20 as recorded in the office of the City Clerk Northwest Arkansas Regional Planning Commission: An ordinance to waive the requirements of formal competitive bidding through 2024 and approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $42,591.06 for a Stormwater Education Program for 2020. City Attorney Kit Williams read the ordinance. Alan Pugh, Staff Engineer gave a brief description of the ordinance. Council Member Turk: Do you all review, comment and assist on those materials? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes February 4, 2020 Page 20 of 21 Alan Pugh: We do to a certain degree. We have a steering committee that they pull people from the region every year to start talking about upcoming years. You can see some outlines of topics in your packet material. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent. Ordinance 6282 as Recorded in the office of the City Clerk Announcements: Susan Norton, Communications and Marketing Director spoke about a Tactical Urbanism Project. She spoke about Puppy Grams for Valentine's Day through the Animal Services Division. She spoke about Spring Adult Softball Registration. Information can be viewed on the City of Fayetteville website. City Council Agenda Session Presentations: None City Council Tour: Monday, February 3, 2020 4:30 PM R-PZD 19-6858 (2673 N. COLLETTE AVE. GULLEY GROVE SD) 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 4, 2020 Page 21 of 21 Ad•ourn ent: 8:11 p.m. io eld Jor , Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov