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Home My WebLink About2019-10-15 - 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 October 15, 2019 City Council Meeting Minutes October 15, 2019 Page 1 of 34 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 October 15, 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, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements Proclamations and Reeo ,,nitions: Mayor Jordan: It is with a very heavy heart that I have to let you know we lost a member of our city family. City Clerk, Sondra Smith passed away at home with family members. Sondra was a friend of mine and many of you for over 17 years. Sondra had a tremendous work ethic and dedicated herself to her work. She loved her family. She loved her staff. She loved this city. She was loved by all who knew her. Sondra was the best in the state at what she did. She received several recognitions over the years, including recognition as Municipal Clerk of the Year for her significant contribution of improvement of municipal government. She received the Martin Luther King Brotherhood Award for her service. She was appointed in 2003 and was elected four times. Sondra helped make this city the most transparent city government anywhere. She implemented electronic citizen notification, web casting, and electronic records management system to bring the government to the people. She was a great public servant, a great friend, and I will miss her. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 2 of 34 City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: None Consent: Approval of the September 17, 2019 City Council Meeting Minutes. Approved Waste Management of Arkansas, Inc.: A resolution to exercise the second five-year option to renew the agreement with Waste Management of Arkansas, Inc. for solid waste transfer and disposal services. Resolution 229-19 as recorded in the office of the City Clerk Community Development Block Grant Program Income and Donations: A resolution to approve a budget adjustment in the total amount of $3,324.00 representing Community Development Block Grant Program income and donations from citizens and local businesses. Resolution 230-19 as recorded in the office of the City Clerk 2019 Justice Assistance Grant Local Solicitation Award: A resolution authorize acceptance of a 2019 Justice Assistance Grant Local Solicitation Award in the total amount of $76,984.00 which will be used to purchase law enforcement training, equipment and supplies for the Fayetteville and Springdale Police Departments and the Washington County Sheriff's Office, and to approve a budget adjustment. Resolution 231-19 as recorded in the office of the City Clerk Walton Family Foundation: A resolution to authorize an application for a 50/50 matching grant from the Walton Family Foundation in the amount of $400,000.00 for the design of bicycle and pedestrian improvements along Porter Road, Deane Street and Poplar Street. Resolution 232-19 as recorded in the office of the City Clerk Northwest Arkansas Council: A resolution to authorize Mayor Jordan to sign a Travel Expense Reimbursement Agreement with the Northwest Arkansas Council to provide for reimbursement of costs associated with Business Development Manager Chung Tan's attendance at the ECONOMIX Conference. Resolution 233-19 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 October 15, 2019 Page 3 of 34 ADM 19-6816 (380 N. College Ave./Ozark Natural Food Co -Op): A resolution pursuant to § 166.04(B)(3) of the Fayetteville Unified Development Code to approve the applicant's request to not dedicate additional right of way for a redevelopment project at 380 North College Avenue. Resolution 234-19 as recorded in the office of the City Clerk 2020 Recycling and Trash User Fees: A resolution pursuant to §50.40(A) of the Fayetteville City Code to waive the automatic annual price adjustment for all 2020 Recycling and Trash user fees. Resolution 235-19 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: Entertainment District Boundaries: An ordinance to establish boundaries for an Entertainment District in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. At the September 17, 2019 City Council meeting this ordinance was tabled to the October 15, 2019 City Council meeting. Council Member Bunch 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. Devin Howland, Director of Economic Vitality gave a brief description of the ordinance. He stated he would like to plan multiple facilitated discussions with restaurants, bar owners, employers, retailers and residents. He spoke about also having public meetings. He requested for Council to table the ordinance indefinitely to allow more time to work on the item. Council Member Bunch spoke about Devin doing an amazing job and agreed that it should be tabled. Council Member Kinion stated there is a lot of information being brought forward. He stated as more information is received, it helps him understand how it would fit into the fabric of the community. Council Member Petty: How long are you estimating to table the ordinance? Devin Howland: A couple of months. I don't want to put a backend against a lot of the businesses. With conversations I have had, it will give them a level of comfort that we aren't rushing on this. I will get to work tomorrow on scheduling the facilitated meetings. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 4 of 34 Council Member Petty: I am not against taking more time. I'm a little worried there has been a suggestion to table several items over the past couple of months into an election year, which is next year. It's hard to do new things in election years. If you think this is going to happen in a couple of months timeframe, it makes me a little more comfortable tabling it. I support that the ordinance doesn't require street closures in every single case. I support we have a more open district that doesn't require events. Support for events is critical. I'm supportive of having a district that might have limits on the times alcohol could be consumed in public. I don't think it's true that if we have a district like Fort Smith wants to have or Little Rock has today, that we are going to end up with a scenario that's really all that different from what other Arkansans are being able to enjoy. Council Member Smith: Devin, when you say a couple of months, how confident are you that we will have this back again before the end of the year? Devin Howland: I can't speak to a timeframe on that. If it did go past and it needed to be resubmitted, I think that is an easy notation. There was a brief discussion of the tabling process. Council Member Smith: My personal preference is to table it to some date certain, even if it's in January or just to check in and then re -table it. Mayor Jordan: I don't want this to linger much longer either, but Devin needs more time. I'm going to try to get it back here before the end of the year so we don't start all over again. Council Member Marsh: As you continue to research, I encourage you to think outside of our Downtown Entertainment District. Please think bigger. Council Member Bunch: I agree with Council Member Marsh. This could tie in very nicely with things outside of the Downtown area. Council Member Turk commended Devin for his research because it is very helpful to Council. She spoke about giving Devin as much time as needed to get the ordinance right. She stated the city has a great Entertainment District and would like the ordinance to enhance it, rather than degrade it. Council Member Bunch: Do you think the last meeting in December would be sufficient? Devin Howland: It may be, but I can't speak for certainty. If it is indefinitely, we aren't working against a hard date. That has been expressed by several businesses as a help. I want that to be considered. Mayor Jordan spoke about giving Devin time to work on the ordinance. He stated he will try to get it back by the end of December. 113 West Mountain Fayetteville, AR 72701 (479) 575-6323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 5 of 34 Council Member Bunch: I am fine with doing it indefinitely, with the idea it is going to go sooner than later. We don't want it to drag on. Council Member Bunch moved to table the ordinance indefinitely. Council Member Kinion seconded the motion. Upon roll the motion passed 7-1. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Gutierrez, and Marsh voting yes. Council Member Smith voting no. This item was Tabled Indefinitely. Amend §172.11 and § 166.08: An ordinance to amend §172-11, Driveway and Parking Standards for Four (4) or Less Parking Spaces and §166.08 Street Design and Access Management Standards of the Fayetteville Unified Development Code to reduce driveway widths in zoning districts requiring a build -to zone and to reduce driveway setbacks for single family homes in zoning districts requiring a build -to zone. At the October 1, 2019 City Council meeting this ordinance was left on the first reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith stated he would like to offer an amendment for the ordinance. City Attorney Kit Williams requested for him to read the amendment out loud. Council Member Smith: The amendment would read: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the vested rights of property owners who have purchased property for development based on existing zoning and development standards, and hereby exempts all unexpired preliminary plats, final plats, concurrent plats, and lot splits approved after December 31, 2014, and those approved within 12 months following the adoption of this ordinance. This exemption shall include any renewals or extensions pursuant to §166.20 of the Unified Development Code and all subsequent phases of plats subject to this exemption. Council Member Petty: Is that roughly a five year look back and a one year forward? Council Member Smith: Yes, one year forward plus any exemptions they might qualify for. Council Member Scroggin thanked Council Members Smith and Petty for their work on the ordinance. He stated he is in support. Council Member Bunch: I received this right before our meeting. Council Member Turk: Section 3 says this ordinance will take effect six months after the passage and approval. In Section 4, does that mean 18 months, if we approved it tonight it would go into effect? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 15, 2019 Page 6 of 34 Council Member Smith: I thought we were replacing that section. City Attorney Kit Williams: The better way to do it would say, replace Section 3 with a new Section 3, which is now currently denoted Section 4. You are repealing Section 3 and replacing it with highlighted material that was handed out tonight. Garner Stoll, Director of Development Services gave a brief description of the ordinance. Mitch Weigel, Downtown Properties requested clarification from the amendment that was read_ Garner Stoll discussed the amendment and clarified. Mitch Weigel: If somebody applies for and does not receive or is unable to complete, has to go back for revisions on their engineering, then staff has the option to extend? Garner Stoll: Not before it's approved. It first has to be approved. Mitch Weigel: The preliminary plat has to be approved within a 12 -month period to get an extension? Garner Stoll: Yes. Mitch Weigel: Phases that are approved, but not platted and somebody got five phases out, do they have to have their preliminary plats done within this 12 -month period or they already have them on the books as future phases? Garner Stoll: Yes, that is how I read the amendment. Grandfather in, is a contradiction of terms. Grandfather in the future, it's to do what the first sentence said, hereby recognizes the vested rights of property owners who have purchased property for development based on existing zoning and development standards, and hereby exempts all unexpired preliminary plats. It is intended to be a grandfathering provision and to open a window for additional plat activity approval for 12 months. Mitch Weigel: Properties that have been rezoned regarding this ordinance, but aren't ready yet, will have a deadline of 12 months to submit for a plat? Garner Stoll: To get plat approval. Mitch Weigel: You have to get plat approval within 12 months, not apply? Garner Stoll: Yes, that is my understanding. Mitch Weigel: Any chance on getting just a little bit longer on that period? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 7 of 34 Garner Stoll: Please understand the time period going forward is highly unusual. Most grandfathering provisions accept approvals that have been granted already. Mitch Weigel: I appreciate that members here might have researched the fact that even though people have not applied for their preliminary plat yet, they still have significant time and money invested in stages. Matt Hoffman, Chairman of the Planning Commission stated it is a great amendment. Robert Rhoads, Lawyer stated he is against the amendment. He stated when the five years is over, the city will still have an ordinance that's not going to be conducive for building a workforce. He stated it's not going to allow new developers five years from now to build homes that are desired by the public. Mayor Jordan: Garner, what are your thoughts on the amendment? Garner Stoll: Our concerns were the U-turn nature of the proposed ordinance that the Planning Commission forward. This goes a long way towards mitigating that. I recognize people may have purchased property and may want to develop with wider driveways, but it comes down to a Council decision. Do you want to have narrow driveways in the form based districts or do you not? This probably is a very generous offer to try to grandfather existing approvals. If it's Council's decision that in our form based districts for single family homes, we really want the present regulations up to 18 feet, not 10 feet or 20% of the lot, then that policy should just be made permanent. Mayor Jordan: You are okay with the amendment? Garner Stoll: Yes. City Attorney Kit Williams: In a previous memo, I discussed the issue of regulatory takings. Regulatory takings are dependent upon investment -backed expectations. My conclusion was that in order to avoid any possibility of a successful regulatory takings case against the city, I recommend that all land purchased by developers for single-family house construction prior to the effective date of the ordinance should be permanently exempted from this new development regulation. The Development Services Director looks at it from a Planning perspective. I look at it from a legal perspective and how I can best protect our citizens from a potential regulatory takings suit. The amendment that has been suggested is in the right direction. It goes much further than what the original section said, but in my perspective, it does not go far enough to provide the protection I'd like to provide for our taxpayers. Mayor Jordan: You still have legal concerns with the proposed amended ordinance? City Attorney Kit Williams: It goes part of the way and provides some answers. I'm concerned about the Unified Development Code and how it treats plats, and when they are supposed to be renewed, who gets to renew them for how long, and what has to be proven. The person that wants to get an extension has to prove they could not have done the things required under our code to be able to finish their plat. It would be a burden on a developer. If the Planning Commission doesn't 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 8 of 34 believe they met that burden, they can say no. That wouldn't be an existing plat because it would be over and terminated then. I'm still a little confused with the play of this language with our current code section. This came to me in the last couple days and I haven't had a chance to analyze it with our current code section. Garner Stoll and the Planning Department are the official interpreters of our UDC. I yield to Garner's interpretation, but I'm a little confused on how this would work. Council Member Kinion: I am also confused about how it would work. This amendment softens the blow of the first reading of the ordinance. I didn't think that was an especially good ordinance either. I would vote for the amendment because of the small improvement. This is adding smoke and mirrors to an already bad ordinance. We need to know how it's going to work. We need to know that it's not confusing to a developer. It doesn't clarify anything. This should be handled by covenants. We don't need to blanket the whole city with an ordinance that is unclear. I will support the amendment because it is better than what we had. At this point, I wouldn't support the ordinance in general. Council Member Marsh: This ordinance only applies to our form based zones. We need to think about the integrity of our existing neighborhoods, because that's what is most affected by this. One of the areas predominantly affected by this are areas in Ward 1, such as Walker Park and Fayette Junction. These are areas we are seeing a lot of re -development happening. To go in and put large driveways in neighborhoods that have traditionally had traditional town form, a lot of which may only have on -street parking, it's a threat to the integrity of our neighborhood. The point is to create a walkable city, a safer city, to have appropriate infill, eyes on the street, to have neighborhoods built for people, not cars, and to have streets defined by homes instead of garage fronts. While I was comfortable with the six-month timeframe, I'm willing to compromise at the year that's being proposed because we need to build better neighborhoods. Council Member Bunch: The amendment is a big improvement to what we originally had. Kit says he has concerns about this. He is the City Attorney and is here to protect the city and us. I tend to listen to him. City Attorney Kit Williams: I hope the ordinance will not be passed tonight because it will give me more time to review it. Council Member Bunch spoke about the recession 10 years ago where developers folded and subdivisions were left hanging. She stated if a bank forecloses on a subdivision, she worries how will they market it in the future. She stated she is fine with the amendment, but isn't in support of the ordinance right now. Council Member Smith stated he hoped they would adopt the amendment, but not pass the ordinance tonight to allow everyone more time to look at it. He stated the purpose of the one year look ahead is to recognize the vested rights of property owners. He stated if a bank were to foreclose on a property, then the owner is no longer vested in the plan they were working on. He stated if a property ends up in bank hands, then it will most likely start over with the new guidelines. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 15, 2019 Page 9 of 34 Garner Stoll: Fayetteville's planning process is very similar to other communities. Once the plat is approved, then there is a period where the developer is given an opportunity to make an investment in that plat. In Fayetteville, we accept the approval of the grading plan as that investment and it makes that plat permanent. If you have an approved plat, grading permit, and you continue with building streets and utilities, you are in. It's not ever going to be taken away from you. No platting process would work with a system where the Council could yank a plat approval once the investment is started. In Fayetteville, we take an extra step, we count the approval of the grading permit as that beginning. Council Member Gutierrez stated her appreciation for the compromise. She stated when someone purchases real estate, they are going into it with the idea at that moment of what they are going to do with it. She stated she feels like it's changing the rules through the process. She stated she does not feel comfortable changing the rule and that process. She requested to know if there was a way to word it so that if future purchases and property changed hands, would that cover Kit's concerns. City Attorney Kit Williams spoke about being concerned about whether there's a distinct investment back expectation for a developer. He stated if there is a substantial change, as what is being proposed, that might affect the ability to sale homes and effect people who have wanted to buy a house that was agreed upon. He stated that is where the city gets into problems with potential regulatory taking. He stated there are several major developers in Fayetteville that have made major purchases of land. He stated they have been working on them, but they are not necessarily going to get to all the land they purchased within a year, so that makes him concerned. He stated he is focusing more on what the developer has done in purchasing property for the project. He stated that's the key date and if they do that prior to the adoption and enactment of this ordinance, then he thinks from a safety point of view for the city to not be able to be sued for regulatory taking, that would be what he would use as opposed to preliminary plats and such. Council Member Gutierrez spoke about stormwater issues. She stated it would be great for the city to have less impervious surface, but doesn't believe it's fair for developers that have an investment and then the city change the rules. She stated she has had citizens asking what City Council is doing for the future development about flooding of properties. Mayor Jordan: We have staff working on this. Council Member Bunch spoke about her perspective as a realtor of commercial contracts. She stated blanks need to be filled in on contracts and sometimes months are written in the blanks, not weeks. She spoke about projects taking numerous months. She stated she doesn't want to do anything that would affect someone who is waiting on their dream house. Council Member Petty stated he is for the amendment, but is open to tweaking it at the next meeting if need be. He stated he appreciates the concerns of City Attorney Kit Williams, but he's not satisfied with the solution suggested. He stated he can't vote to establish a precedent that would grandfather anything back to the date of a prior transaction. He stated it's an awful precedent for other code changes to set. He worries it would become a threshold that's requested repeatedly, even for relatively minor code changes. He spoke about the nature of extensions and expirations 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 10 of 34 for plats. He stated one of the things he wants to be careful of is the way this effort has been characterized. He believes it's been very misleading. He stated it's a fact that people living in single family houses have more pavement associated with every person living in those houses than people who live in apartments. He stated it's important to find a way to limit stormwater impacts, heat island impacts, and to ensure lots will have ample room for front yard ambitions for future homeowners. He stated the under current is that when the city up -zones a property and allows a builder to plat more lots than would otherwise had been allowed, they city is making a deal and the developer may get extra lots. He stated the ordinance is honest in its intention. He spoke about the importance of including all neighborhoods in the city where narrow lots are being used. Council Member Turk spoke about stormwater and low impact development. She stated she had reservations and would like to give the City Attorney more time to review the ordinance. Mayor Jordan: I am having staff look at the way we are allowing developments and stormwater impacts. Council Member Bunch: We went through a period where we had a lot of PZD's. At one point, we had some PZD's that expired and once they expired they didn't revert to their zoning. Did we get that taken care of? City Attorney Kit Williams: The Planning Department looked through all the records. They tried to bring every PZD that had not been completed, back to get it zoned to a condition, so it could be built on. We did not want to have land that no one could build on. I think we have taken care of them all. Council Member Kinion spoke about low impact development. He stated if stormwater runoff is a concern, then perhaps low impact development would be a balancing act so they don't change the composition of what was expected on a lot. Council Member Marsh spoke about a walkable city, impervious surface area, curb cuts, and compatibility. She stated 12 months should be an adequate period and recommended for Council to pass the amendment. Council Member Smith moved to amend the ordinance to recognize the vested rights of property owners who have purchased property for development based on existing zoning and development standards, and hereby exempts all unexpired preliminary plats, final plats, concurrent plats, and lot splits approved after December 31, 2014, and those approved within 12 months following the adoption of this ordinance. This exemption shall include any renewals or extensions pursuant to §166.20 of the Unified Development Code and all subsequent phases of plats subject to this exemption. Council Member Petty seconded the motion. Upon roll the motion passed 7-1. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Marsh voting yes. Council Member Gutierrez voting no. Council Member Kinion spoke about holding the ordinance on the second reading to allow more time to review it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 11 of 34 Ronald Stinchcomb, 2895 East Picasso stated he was the Chair for the Legislative Committee for the Northwest Arkansas Board of Realtors. He spoke about the importance of having a driveway. He spoke about affordable housing. He spoke about the American Disability Act. He spoke in opposition of the ordinance. Doyle Yates, 2587 Barrington in Springdale stated he owns property in Fayetteville. He stated the ordinance is well intended, but misguided. He spoke about design elements. He spoke in opposition of the ordinance. Erik Danielson, Danielson Law Firm at 909 Rolling Hills stated the amendment and ordinance is inappropriate. He spoke about attainable housing. He stated this is a regulatory taking and if the ordinance is passed, it will result in litigation. He spoke in opposition of the ordinance. Council Member Smith: Do you have a different suggestion than the 12 -month timeline? Erik Danielson: Right now, no. The amendment was news to me. I haven't had time to study it. Some of these developers' plans can take longer than that. Council Member Smith: The 12 -month timeframe came from developer feedback. If you have different developer feedback you would like to add, I would like to hear specifics. Jim Ather, 1918 North Birch Avenue. He stated he is representing Sources, which is a non-profit that services people with disabilities. He spoke about ADA guidelines regarding parking. He spoke about being an inclusive community. He spoke in opposition of the ordinance. Council Member Marsh: I believe the ordinance allows for pedestrian oriented space adjacent to the driveway, which would accommodate ramp space. Jim Ather: In the driveway? Council Member Marsh: We have 10 feet available for the vehicle and then additional area as needed to accommodate the pedestrian access or the person with the mobility challenges. City Attorney Kit Williams: The ordinance says, "Paved pedestrian pathways are allowed in the build -to zone as long as they do not provide additional area for vehicular storage or circulation." My understanding by what was presented before is that it can't be part of the driveway. It has to be separate from the driveway. Council Member Smith: If you need a design where the sidewalk comes out the front door and then turns and connects to the driveway, that would provide additional space. There is still the opportunity for the Planning Commission to evaluate special circumstances on request. Jim Ather: If there's a sidewalk that is six feet wide, that's great. Logan Blalock, 240 West Sycamore Street spoke about aesthetics and preference. He stated he doesn't see how rear -loading garages will promote community. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes October 15, 2019 Page 12 of 34 Don McNaughton, 3689 Bowling Green, President of Northwest Arkansas Board of Realtors and with McNaughton Real Estate. He stated alley ways and rear load garages do not necessarily make beautiful neighborhoods. He spoke about ADA accessibility in a driveway. He stated covenants are not for the wealthy only. He stated realtors stand against any attack on private property rights. He spoke in opposition of the ordinance. Ray Stidham, President of Priority Bank spoke about affordable housing needs in Fayetteville. He spoke about lenders having a financial investment in projects, as well as builders. He spoke in opposition of the ordinance. Tanner Pettigrew, 1436 Kingfisher stated he read an article where a Council Member had mentioned that a front -loading garage is less attractive. He owns a front -loading garage and spoke of his disappointment in the statement. He spoke about inclusion. He spoke in opposition of the ordinance. Rachel Hutton, 1988 Macey Drive spoke about the negatives of a back -loading garage regarding parking, especially when guests are visiting. She stated the ordinance creates a false sense of security and safe walkability. She spoke in opposition of the ordinance. Sam Niccum, Executive Broker at Riverwood Homes Real Estate spoke about affordable housing. He spoke about the sizes of backyard space and garages. He stated he has never had a client ask for a smaller garage. He spoke in opposition of the ordinance. Bailey Tay, 2852 Featherock Way spoke about her negative experience of living in a home that had an alley way. She spoke about the advantages of having a two -car garage. She spoke in opposition of the ordinance. Kevin Riggins, Riggins Construction and Development spoke about developers working with city staff on stormwater drainage issues. He stated he has built thousands of homes for 30 years and has never had a client ask for a one car garage. He spoke in opposition of the ordinance. Council Member Smith: You have never built a one car garage home, but how many houses have you built with side load garages? Kevin Riggins: A side load garage can only be built on a corner lot in most subdivisions, so it will be very minimal. Chuck Wade, 2487 Fennchurch Way stated he is the Encore Building Products Sales Manager. He spoke about front load garages, side load garages, safety, and freedom of choice. He stated City Council should not decide on the design of citizen's homes. He spoke in opposition of the ordinance. Erin Main, 6556 Harber Avenue, Springdale. She stated she's representing the Arkansas Homebuilders Association as their incoming President. She stated Fayetteville is an inclusive community, but if the ordinance passes, Fayetteville will not be able to maintain that reputation. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www-fayetteville-ar.gov City Council Meeting Minutes October 15, 2019 Page 13 of 34 She stated people should decide what they want to spend their money on. She spoke in opposition of the ordinance. Larry Kelly, Real Estate Broker stated this is not a reasonable ordinance and the word, mandate does not set well with anyone. He spoke in opposition of the ordinance. Tyler Vinson, 1889 Hanshew stated his disappointed in Council's disposition at the meeting with Council Members not making eye contact with the public. He requested Council to be transparent by disclosing if they have any dealings with real estate or involved in companies that develop real estate. He spoke about the lack of public transportation to support the ordinance. Clark Eagen, 1625 Whistling Straits spoke in favor of large back yards and two car garage homes. Anthony Murabato, 1625 Whistling Straits spoke in favor of large back yards. He stated people have the right to choose and it is not the role of a governing body. Erica Burn, 3203 Whispering Springs, Springdale. She stated she is the Northwest Arkansas Chapter President of the Mortgage Bankers Association. She stated the ordinance creates an undue burden on the rights of property owners and will discourage homeowners from choosing to build in Fayetteville. She stated the Arkansas General Assembly passed Act 446, which prohibits local governments from regulating residential building design elements. She spoke in opposition of the ordinance. Mitch Weigel, Downtown Properties spoke about the time limit, development deals, plat and planning. He stated the 12 -month into the future limit isn't enough for some people. He stated he's concerned that this issue is going to have an adverse effect on attracting new investment into Fayetteville. He spoke in opposition of the ordinance. Council Member Smith: How much time would developers need, to get across the finish line? Mitch Weigel spoke about the process of getting ready to submit, plats and revisions. He stated he advises his clients to read the ordinance carefully and try to not ask for any variances. He spoke about it possibly taking 24 months. Aaron Worth, Representing the Northwest Arkansas Homebuilders Association spoke about his 100 -acre project he is currently working on. He stated he has 25 different ways to enter garages, loves creativity, but doesn't want limits. He invited Council to tour his model home. He stated he and the association opposes the ordinance. Council Member Petty: Two of your homes violate the proposed ordinance. Two out of how many? Aaron Worth: Probably 40, that are in the specific zoning. Council Member Petty: You've got a mish-mash of zonings over there? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 14 of 34 Aaron Worth: I've got six different zonings and it's a neat mix. Council Member Petty: How many did you think were in violation before you counted? Aaron Worth: I thought it would be more. I have shared drives, but it's a smaller number of people who will buy them. When I do that, I have to calculate that I limit the market. The two are front load and I think they meet the intent. Council Member Petty: I will be in touch to tour. Council Member Scroggin: I would also like to meet with you Aaron. Council Member Smith thanked Mr. Worth for talking about his neighborhood. He spoke about the variety of home options and commended him for the way it made the neighborhood feel. There was a brief discussion about Mr. Worth's front -loading home he built. Council Member Smith: It adds variety. One or two is not a deal breaker for a neighborhood. It's when you are talking about the rhythm of it repeatedly that makes for not just an aesthetics issue, but the safety and community feel. Mayor Jordan: Aaron, thank you for visiting with me last week. Tina Stanley, Realtor and Fayetteville resident stated she has a business in the city. She has thought about moving the business north because of certain ordinances being proposed that are concerning. She spoke in opposition of the ordinance. Ben Booth, 4887 Sagely Lane stated he is a business owner and is concerned about the legality of what Kit spoke about. He stated it appears to him that it's just a handful of folks who don't like the aesthetics of a traditional two car front facing garage. He stated the HBA Board of Directors and members are concerned they weren't contacted about the proposed change. He stated 12 - months is not enough time to implement something like this. He spoke in opposition of the ordinance. Colley Bailey, 1260 Kingfisher Lane spoke about cycling. He stated he has a one car garage with six bikes lining one wall. He stated you can have a walkable and bikeable city that also has automobiles. He spoke about ADA concerns. He stated the ordinance would drive people away from Fayetteville. Council Member Petty stated he's troubled that people have the notion that Council is trying to prohibit two car garages. He stated that is not what the ordinance says. He stated it's an extraordinary minority of the city that is affected. He stated it has been said this is an ordinance that is trying to limit people's ability to choose. He stated that is an effective frame for political discourse, but is also inaccurate. He stated there are plenty of places in the majority of the city where houses can be built the way builders and citizens like. He spoke about Bentonville's process. He stated almost all of the new form based codes across the region do something similar to the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 15 of 34 proposed ordinance. He stated he is a developer and with real estate dealings. He stated he prefers to build mixed-use and small multi -family properties, but is interested in building small format single-family homes. He spoke about home affordability and that driveways don't have everything to do with it. He stated if a person has a lot reserved in a neighborhood that has already been platted, they are exempt. He stated if a person has already performed a lot split on your property in the last years, they are exempt. He stated when a person asks for a rezoning to get more allowed density, that's good and are subject to higher standards. He stated he disagrees that this ordinance is about aesthetics. He stated every square foot has an impact and it does add up. He stated prices for small format homes in good locations are sold at a premium because there aren't enough of them. He spoke about being hopeful and eager to get the truth back into the discussion. Council Member Smith spoke about homes in Heritage Village not taking long to sell when they are put on the market that are built to the proposed standard. He stated he would like to see variety like Aaron Worth spoke about. He spoke about the housing market being diminished to the lowest common denominator. He stated he had a bunch of people call him angrily about things the ordinance does not do, but when shown the actual text of the ordinance, they think it's a good idea. Council Member Marsh stated she has a professional degree of architecture, a Leadership & Environmental and Energy Design Accredited professional specializing in building and designing construction. She stated she is currently waiting on the Real Estate Board to approve her application to take her licensing exam. She stated she works as a bookkeeper for a developer in Fayetteville, which builds middle infill housing in South Fayetteville. She stated that work would not be affected by this ordinance because everything they have designed and plan to design meets these criteria. She spoke about the many educational conferences she has attended. She spoke about community and environmental principles designed to keep cities safe. She spoke about development types. She stated the ordinance isn't about aesthetics, it is about safety and community. She spoke about wanting a compact home and the lack of condos and small houses within walking distance of Downtown. She stated the market has plenty of three bedrooms, two bath houses, with two car garages. She stated Fayetteville needs small cottages and the developer she works for builds them and they have a waiting list. She spoke about the need for a diversified housing stock and appropriate infill. She stated when we give more density, we expect builders to build to a higher standard. She stated the ordinance is about making safer and more desirable neighborhoods. She stated the vast majority of the city is still available for RSF-4 standard suburban style development. She spoke about the 2030 City Plan and public transit. She stated people must think about building at a scale and with a footprint that can continue to support a healthy community for future generations. Council Member Kinion stated he doesn't understand why Council is going to all this trouble when it only impacts a few lots and a very limited amount of property. He stated anytime there's an ordinance that regulates something, then it is legislating choice. He stated he's one to protect the environment and look out for smart growth, but his idea of smart growth may not be the same idea of another person's. He spoke about depending on professionals, such as real estate agents and homebuilders in knowing what the public needs. He spoke about the ordinance being introduced prematurely. He spoke about the affordability impact. He spoke about the financial impact in the accessibility of a home. He spoke about how people view, Best Practices, differently. He stated as a Council Member, his job is to listen to the public and represent the people. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 16 of 34 Council Member Bunch spoke about misinformation. She stated zonings affect the way things look. She spoke about her time living in the historic district without a garage or carport. She spoke about higher density. She spoke about working with buyers who are looking for homes and how people feel about their own neighborhoods. She stated if Council wants builders to build something different, then they should be included in discussions, not excluded. She spoke about the ordinance being premature and setting the wrong tone. She stated she is not opposed to change, but wishes it had been done differently. Mayor Jordan requested citizens to raise their hands if they were contacted or knew about the ordinance prior to the meeting. Council Member Scroggin stated he hopes staff will bring something to the next meeting that Kit is okay with. He stated he has two rentals in the city that don't have garages and has never had to advertise to get them filled. He stated he has a flip property outside of the city. He spoke about working with people to make the process for everyone better. He stated his appreciation for everyone's input. Mayor Jordan: If you need to contact my office, please do. This Ordinance was left on the Second Reading New Business: RFQ #19-01 Jacobs Engineering Group Inc.: A resolution to approve a professional engineering services agreement with Jacobs Engineering Group, Inc. pursuant to RFQ #19-01, in the amount of $116,450.00 for the development of an advanced metering infrastructure strategy for city water meters. Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the Water & Sewer Committee voted 3 to 1 to forward to the City Council for approval. Council Member Turk: I am the vote that did not agree to move this forward. I voted against outsourcing. I think it was originally $225,000. Were you able to reduce it or was the additional money in a different phase? Tim Nyander: It was at about $176,000 and we got it down to $116,000. We worked with the proposed contractor to reduce some travel time of bringing their whole team over a 16 -week process. Council Member Turk: I voted against this because this is an inherent government function you are going to be selecting for the long term. It's a system the city is going to have to manage, maintain, and operate. I hear from constituents all the time asking why the city is outsourcing contracts and work. The staff should be able to acquire information and have those decisions and resolutions made when they are selecting the appropriate technology and group. I am requesting for Council to consider an alternative view. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 17 of 34 Mayor Jordan: There are three other Council Members on the Water & Sewer Committee. Council Member Kinion: It's true that we have to be careful when spending taxpayers' money, but I know the importance of bringing in professionals because it saves in the long run. We don't have the manpower, staff, and expertise to think our internal organization could handle this. How many man hours will this take? Tim Nyander: 644. Council Member Kinion: We would have to find 644 hours of manpower and that's with people who know what they are doing. If we had to learn it as we went along, it would be much more, plus we would goof up. I support consulting in these areas that are technical and specific. We are doing good in Water, Sewer & Solid Waste in managing the Enterprise Fund and this works within the budget. Council Member Turk, your insight on this committee is priceless and thanks for bringing it forward. Council Member Scroggin: If we were to implement this city wide, what is a rough guess of the cost? Tim Nyander: Probably $15 million dollars. Council Member Scroggin: Changing that by 2% because we hired the right people and consultants is a lot more than the entire cost we are looking at here. We've got to get the right people looking at this. We are talking about certain skills and we would have to be billing hours across the city because it's a wide range of skills. I'm glad to see that you got the price down. Hiring outside people that know what they are doing is cheaper in the long run. Tim Nyander: We don't take any money spending for granted. We have seen cities that have done what Council Member Turk is suggesting. There has been some disasters and money not effectively used. When you hire a consultant that has integrated these type of systems, they know what they are talking about. My staff and I have all other jobs to do, including this. You hire a consultant that does this as their profession is a bonus. Council Member Marsh: If we contract out for services with Jacobs Engineering to develop this infrastructure, are we going to be able to take it from that point and roll it out to the rest of the city? Is there an opportunity for our staff to pick it up once the system is already in place and operating optimally? Tim Nyander stated the plan is to get the consultant to get city staff to the point of procurement. He spoke about the process. Council Member Marsh: This is to get us set up with the right system and then we will be able to take over? Tim Nyander: Correct. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 18 of 34 Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-1. Council Members Kinion, Petty, Scroggin, Bunch, Smith, Gutierrez, and Marsh voting yes. Council Member Turk voting no. Resolution 236-19 as recorded in the office of the City Clerk Kessler Mountain Regional Park Baseball Complex: A resolution to approve the purchase and installation of synthetic turf for the Kessler Mountain Regional Park Baseball Complex from United Turf in the amount of $547,140.00 plus any applicable sales taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing contract, to approve a project contingency in the amount of $82,071.00, and to approve a budget adjustment. Byron Humphry, Parks Maintenance Superintendent gave a brief description of the resolution. Council Member Scroggin: How long do these last? Byron Humphry: There is an eight-year non -prorated warranty on it. Within eight years they will replace it. With good care, we are hoping to get 10 to 12 years out of it. That's just for the material for the turf. The base under lament is still good, so you could replace the artificial turf component for about half the cost of the initial installation. Council Member Marsh: Do these have any sort of stormwater impacts relative to the natural turf? Are we looking at an increase in stormwater runoff? Byron Humphry: Not really. The fields are not designed to allow water to infiltrate. We did a perc test at Gary Hampton and the rate was essentially zero. It is so compacted that it's all running off. At Kessler, we've got the stormwater detention ponds and these will drain there. Council Member Marsh: Excellent. What happens to this material at the end of its life? Is it a PVC type of material? Byron Humphry: Yes. It is a polypropylene and nylon blend. At the end of its life, I doubt it could be repurposed. You might be able to repurpose it for small things. Council Member Marsh: There is no recycling potential? Byron Humphry: Not that I'm aware of. Council Member Bunch: When you get rain on the turf field, how do you prepare it for a game? Byron Humphry: We have what is like a street sweeper. It vacuums the debris and sifts it out. There was a brief discussion about the process of removing water from the field. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 19 of 34 Council Member Smith: Did we ask bidders about the end of life product treatment? Byron Humphry: No. Our selection process was mainly on performance and durability of the turf and the credibility of the company. Council Member Smith: It would be great if future turf issues could ask that question about end of life product plan. Byron Humphry: I'm sure that will develop more as these are happening all over the country, especially as the 10 -year time limits occur. Council Member Marsh spoke about future recycling alternatives and content. Council Member Marsh moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 237-19 as recorded in the office of the City Clerk RFQ #19-01 Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC, pursuant to RFQ #19-01, in the amount of $438,950.00 to provide surveying, design, engineering, architectural, and construction administration services for the addition of a four -field baseball complex and parking lot at Kessler Mountain Regional Park, to approve a project contingency in the amount of $61,050.00, and to approve a budget adjustment. Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. Council Member Gutierrez: Is the parking lot potentially going to be low impact development? Connie Edmonston: It's too early to tell right now. We are in the process of a grant with Beaver Water Shed to put in a bioswale parking lot on the east side of the soccer fields. City Attorney Kit Williams: Is this not paid for by bond funds? Connie Edmonston: This is a bond project and so is our artificial turf at Kessler. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 238-19 as recorded in the office of the City Clerk Enact §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups, and Similar Products: An ordinance to enact §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups, and Similar Products. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 20 of 34 City Attorney Kit Williams read the ordinance. Peter Nierengarten, Environmental Director gave a brief description of the ordinance. He stated the Environmental Action Committee voted unanimously to support the ordinance. City Attorney Kit Williams thanked the Council for the two resolutions that they previously passed. He thanked Council Member Turk for her leadership on the topic. Council Member Turk thanked the Sustainability staff. She stated if Fayetteville wants to be a first-rate progressive city, they need to look at alternatives to EPS. She spoke about the alternatives available. She thanked the City Attorney office and the Environmental Action Committee for their work. City Attorney Kit Williams: The Mayor was a co-sponsor of this ordinance. Mayor Jordan stated once a landfill is filled up, another landfill just can't be started. He stated it is important to reduce the amount of waste where possible. He stated 30% of every landfill is polystyrene. He stated for every square mile of ocean there is 46,000 pieces of plastic. He continued to speak about landfill research. He stated it is time to act on this and plastic bags as well. He thanked Council Member Turk for her leadership on the topic. Council Member Turk: Thank you Mayor. I ask that we hold it on the second reading to allow citizens more time to express their views. Mayor Jordan: I agree. Council Member Marsh spoke about Styrofoam accumulation. She spoke about Styrofoam in creeks. She spoke about synthetic tea bags not composting. She stated as the city considers plastics, she would like for tea bags to be looked at also. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. This Ordinance was left on the Second Reading Amend Chapters 151,161,162 and 164: An ordinance to amend Chapters 151, 161, 162 and 164 of the Fayetteville Unified Development Code to remove barriers to the development of solar energy systems in the City of Fayetteville establish development standards for principal and accessory use ground and roof mounted solar energy systems. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 21 of 34 Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff recommends approval. Council Member Turk thanked Garner and his staff for their work. 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6245 as Recorded in the office of the City Clerk Jack Tyler Engineering, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $22,120.39 plus applicable taxes and freight charges from Jack Tyler Engineering, Inc. for the rebuild of a pump and motor for the Hamestring Sewer Lift Station, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the Water & Sewer Committee voted 4 to 0 in favor to forward it to the City Council if the cost did not exceed $55,000. 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 Turk 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 6246 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 October 15, 2019 Page 22 of 34 RZN 19-6708 (NW of Rupple Rd. & Faith St./Sloanbrooke Ph. IV): An ordinance to rezone that property described in rezoning petition RZN 19-6708 for approximately 1.63 acres located Northwest of Rupple Road and Faith Street from R -A, Residential Agricultural to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommends approval. Robert Rhoads, Applicant's Representative spoke about this history of the project. He offered a Bill of Assurance to City Council and he then read the Bill of Assurance. City Attorney Kit Williams: Robert, please present the Bill of Assurance to the Clerk so we can put it in the Agenda file. I drafted an amended ordinance, presuming a Bill of Assurance would be offered. If Council is interested in the Bill of Assurance, you will need to amend the ordinance. Council Member Scroggin: Can we accept a Bill of Assurance that has design standards in it? Garner Stoll: It is specifically exempted from that design standards. Council Member Marsh stated she appreciates that the developer is trying to work with the double fronted lot to the best of their ability. She stated the goal is to put more eyes on the street, but doesn't know if that's going to be accomplished if it's densely shrubbed. She spoke about her concerns of Bermuda grass being in the Bill of Assurance and requested to know if the developer would be interested in excluding the mention of Bermuda grass. Robert Rhoads: Do you have a grass in mind? City Attorney Kit Williams: How about we just strike it. Council Member Marsh: Yes, strike it and that way people can make the best choice. Robert Rhoads: Okay, it's stricken. Council Member Turk: If the developer is going to plant shrubs and trees, could they be native species? Would you be willing to make that modification? Robert Rhoads: Yes. There was a brief clarification about striking Bermuda grass from the Bill of Assurance and adding native or adaptive species to the Bill of Assurance. City Attorney Kit Williams: Generally, we don't negotiate Bills of Assurances. They are offered freely and voluntarily and are not negotiated by the City Council. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 23 of 34 Council Member Turk moved to amend to accept the Bill of Assurance. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Smith: This is an area I have been critical of. I appreciate the receptiveness of the developer to backing off the lower parts of Rupple Road in the CS zone. As much as I'd like to see something else here, they are far enough along in the process that this is the best reasonable treatment of the area we are going to get. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith: If you get a chance, go out there because there's a house that is a good example of how you can make the back of a house look like the front of a house. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6247 as Recorded in the office of the City Clerk RZN 19-6809 (NE of Gregg Ave. & Van Asche Dr./Fitzroy Fayetteville, LLC): An ordinance to rezone that property described in rezoning petition RZN 19-6809 for approximately 20.71 acres located Northeast of Gregg Avenue and Van Asche Drive from P-1, Institutional to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommends approval. Ryan Gell, Civil Engineer, Applicant's Representative stated he is available for questions. Council Member Scroggin: How is RA a concrete plan? City Attorney Kit Williams: That was part of the City of Johnson. They detached that part so we could annex it. When we annex property in, it's always brought in as RA. It's like a holding zoning and then it's rezoned after that. You can rezone it to one of the industrial ones if you want too, but no one has decided to do that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 24 of 34 Garner Stoll: It would be viewed as a legally non -conforming use. It would have restrictions in terms of the expansion. Council Member Scroggin stated he would like for it to be held on a reading because he has concerns about drive-throughs and flooding. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Petty seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. This Ordinance was left on the Second Reading RZN 19-6810 (1961 N. Porter Rd./Paradigm Development, LLC): An ordinance to rezone that property described in rezoning petition RZN 19-6810 for approximately 0.92 acres located at 1961 North Porter Road from R -A, Residential Agricultural to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommends approval. Tracy Hoskins, Paradigm Development spoke briefly about his project and requested approval. Council Member Scroggin: What is the street that is supposed to be fronted? Is that the on-ramp or Porter? Garner Stoll: It is our view that it's the applicant's choice. Council Member Scroggin: Could they access the exit ramp? City Attorney Kit Williams: I'm sure they can't access the exit ramp. It is up to the Highway Department. Council Member Scroggin: I'm sure he would have no reason too. Council Member Marsh: I'm glad this has been switched to CS from C-2. I would feel better about this if we could have a conditional use approval required for drive-throughs and gas stations. I would like to leave this on the first reading. Council Member Smith: We are looking at a substantial intersection redesign with potential roundabout. Does that tend to take a larger footprint? Is there any worry that's going to encroach here and need right of way? Will this property be impacted by that? Garner Stoll: If you are holding this on the first reading, I can check on that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes October 15, 2019 Page 25 of 34 There was a brief discussion about a roundabout and what the potential impact will be. This Ordinance was left on the First Reading RZN 19-6818 (690 S. Ray Ave./Mills): An ordinance to rezone that property described in rezoning petition RZN 19-6818 for approximately 0.60 acres located at 690 South Ray Avenue from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommends approval. Applicant gave a brief history of his project. Council Member Turk spoke about her concerns that the request is an example of spot zoning. Council Member Marsh stated she had not received any negative feedback. She spoke in favor of the rezoning. Council Member Smith stated less than 150 feet in either direction is RMF -24 zoning. He spoke in favor of the rezoning. Council Member Scroggin spoke about housing affordability and density. Council Member Kinion spoke about concerns of spot zoning. He stated the whole area needs to be looked at, instead of doing it a parcel at a time. Council Member Bunch: What are some things that might possibly mark something as spot zoning? City Attorney Kit Williams: The traditional concerns about that was when you mixed commercial or industrial into residential. There are some statements, including the fundamental case that went to the United States Supreme Court, which talked about apartments as well as single family homes. Just having a slightly different density is not necessarily spot zoning. The lots would be .15 acres, instead of .25 acres, which is a minimum for RSF-4. The development here would look very similar to a lot of the development down the street. Council Member Bunch stated looking at what the other properties are zoned in this area, this is the kind of project she wants to support, as far as infill. Council Member Marsh stated this is still single-family homes with just a smaller yard. She stated this is an area where the city is intending to put future transit lines and where density should . . v ... .a. —.1-1.1-11 . �YuI ....— . ... . —. — . , I —1 —. `. ____ ...... .—I—.I—...... City Council Meeting Minutes October 15, 2019 Page 26 of 34 be clustered. She spoke about the property being within walking distance of a school. She stated it is appropriate infill. Council Member Scroggin: This says proposed NC. Applicant: I did apply for NC initially. After speaking with staff and looking at varying lot widths and setbacks, it was decided that NC could be incompatible with the surrounding houses. Staff felt more comfortable recommending RSF-8 and I agreed. There was a brief discussion about setbacks and compatibility about the proposed area of rezoning. 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 7-1. Council Members Kinion, 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 Smith seconded the motion. Upon roll call the motion passed 6-2. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, and Marsh voting yes. Council Members Kinion and Turk voting no. City Attorney Kit Williams read the ordinance. Council Member Smith spoke about gentle density. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, and Marsh voting yes. Council Members Kinion and Turk voting no. Ordinance 6248 as Recorded in the office of the City Clerk RZN 19-6819 (4170 N. Hillside Terr./Chaisson): An ordinance to rezone that property described in rezoning petition RZN 19-6819 for approximately 3.35 acres located at 4170 North Hillside Terrace from R -A, Residential Agricultural to RSF-4, Residential Single Family, 4 units per acre, subject to a Bill of Assurance. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommends approval subject to the revised Bill of Assurance that eliminated the minimum floor area size. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 27 of 34 Shawn Heaven, Neighborhood Resident stated she lives across the street from the proposed rezoning. She spoke about water drainage, wildlife, and ecosystem preservation. She requested for Council to accept the revised Bill of Assurance. Council Member Smith: This is hardly a sprawl area this close to Crossover. The zoning they are asking for is in alignment with the things adjacent to it. I understand the neighbors desire for the Bill of Assurance, but if this property owner wants to develop it in the way the Bill of Assurance says, they are more than welcome to do that and I would have no problem with that here. I would have a problem with tying hands of future landowners as conditions change. I want to amend this to remove the reference to the Bill of Assurance and then I would be happy to support the rezoning itself. Council Member Marsh: This is one of those lots where I wish we had stronger stormwater standards that apply to single family residential. I agree with Council Member Smith about removing the Bill of Assurance. As needs change, it might be nice if there were an opportunity for accessory dwelling units on this parcel. Overall, what they are proposing is in line with what's here. Garner Stoll: This Bill of Assurance was offered by the developer, but it is not attached. City Attorney Kit Williams: If they are amending the ordinance to get rid of the reliance upon the Bill of Assurance, I don't think that's going to be a problem. Garner Stoll: It's technically not attached. Doesn't it take a vote to attach it? City Attorney Kit Williams: No. If it has been offered to us, it is subject to the Bill of Assurance. Do you have a copy of the Bill of Assurance? Garner Stoll: Yes. City Attorney Kit Williams: If the city has it, we can always attach it to the ordinance when it gets signed, if it's not removed by an amendment. Council Member Bunch: Council Member Smith, do you want to take the Bill of Assurance completely off? Council Member Smith: Yes. City Attorney Kit Williams: It is to strike subject to a Bill of Assurance in the title and in the body. Council Member Marsh reiterated that she wants the Bill of Assurance removed. Council Member Bunch: If someone wants to put a Bill of Assurance on their property, we should go with it. Can we ask them to remove it? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 28 of 34 City Attorney Kit Williams: The City Council has a lot of legislative power when it comes to zoning. You do not have to accept a Bill of Assurance. Shawn Heaven, Neighborhood Resident: It is the property owner that submitted the Bill of Assurance, not the neighbors. City Attorney Kit Williams: This will be the first time I have seen a Bill of Assurance rejected in a property rezoned, but it is legally possible. Council Member Scroggin stated he is in favor of RSF-4. He stated he would also like to remove the Bill of Assurance because he doesn't want it to encumber the land. Applicant's Representative, Blew & Associates stated she was available for questions. Mayor Jordan: You are okay with taking off the Bill of Assurance? Blew & Associates: Yes. Andrew Garner told the owner he would need a Bill of Assurance. Mayor Jordan: He was told he needed a Bill of Assurance? Blew & Associates: He was told. When the applicant submitted it, he had to revise it. Garner Stoll: I don't think that is quite correct. I believe there was a Bill of Assurance submitted. Mr. Garner called when I said that Council can't adopt yet because it had minimum floor area. The request was to revise it. Blew & Associates: Okay. I was told it had to be revised. I wasn't sure how that process went down. Mayor Jordan: You are okay with removing the Bill of Assurance? Blew & Associates: Yes. I am completely fine with that. Council Member Marsh: Removing the Bill of Assurance is not going to change the way the developer can develop the lot. Zoning is forever and these Bill of Assurances run with the property. If the owner were to sell it in the future, that Bill of Assurance would tie the hands of the future owner. Council Member Smith moved to amend the ordinance to remove the Bill of Assurance. Council Member Marsh seconded the motion. Upon roll the motion passed 6-2. Council Members Kinion, Petty, Scroggin, Smith, Gutierrez, and Marsh voting yes. Council Members Bunch and Turk, voting no. Mayor Jordan: Council Member Bunch, why did you vote no to not remove the Bill of Assurance? I would like to know. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 29 of 34 Council Member Bunch: I spoke to several people in the neighborhood. They got together with the builder. The person that owned the property wanted to keep everyone happy and chose to put a Bill of Assurance on the property. If the person who owns the property is willing to put it on there, then I am okay with them doing that. Mayor Jordan: The neighborhood wanted the Bill of Assurance? Council Member Bunch: To my understanding, they had several neighborhood meetings. Everyone got together and they felt like they were all on the same page. I feel like they had all worked it out. Mayor Jordan: You are part of the neighborhood that got the Bill of Assurance going? Shawn Heaven, Neighborhood Resident stated she did not spear head it. She stated she was the person who was willing to represent the neighborhood. She stated they talked to people in the neighborhood and the property owner to make sure everyone was on the same page and happy. She spoke about the Bill of Assurance specifics. Council Member Kinion: If I had received all this information earlier, I would have voted differently. I didn't get a good understanding of it. If the neighbors asked for it and the property owner agreed, then we are messing with a neighborhood. I can't withdraw my vote. Mayor Jordan: Can he reconsider? City Attorney Kit Williams: Everyone that voted with the majority is allowed to have a motion to reconsider. You can make a motion to reconsider that last vote, which was to amend. Mayor Jordan: A vote yes, would be to re -vote? City Attorney Kit Williams: That is correct. Council Member Kinion moved to reconsider the last vote. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 5-4. Council Members Kinion, Bunch, Turk, and Gutierrez voting yes. Mayor Jordan voting yes. Council Members Petty, Scroggin, Smith, and Marsh voting no. City Attorney Kit Williams: It has been reconsidered and is now back in front of the City Council. The motion to amend is what's in front of the City Council. Council Member Smith spoke about the Bill of Assurance being overly restrictive. He stated putting it on the land long term is a bad public policy decision. He stated he will not support the rezoning with a Bill of Assurance. Mayor Jordan stated a yes vote is to remove the Bill of Assurance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 30 of 34 Council Member Scroggin stated he is against the removal of the Bill of Assurance. He stated it is next to Crossover and it's not in the Mayor's box. He stated one unit per acre at this location is sprawl. Council Member Kinion: The neighbors and landowner came to us in agreement. There was no discussion otherwise from the applicant or neighborhood. I can't see how I would have any information to vote to change that, especially since everyone is happy. Council Member Marsh stated she doesn't feel comfortable limiting the density in the area next to the Mayor's box in perpetuity. She stated she is willing to support the RSF-4 without the Bill of Assurance, but will not support anything with the Bill of Assurance. She spoke about not tying the hands of future development. City Attorney Kit Williams: Just like with any zoning, it can be rezoned by any Fayetteville City Council in the future, one year or 25 years from now. Council Member Smith moved to amend the ordinance to remove the Bill of Assurance. Council Member Marsh seconded the motion. Upon roll the motion failed 4-4. Council Members Petty, Scroggin, Smith, and Marsh voting yes. Council Members Kinion, Bunch, Turk, and Gutierrez voting no. City Attorney Kit Williams: The amendment fails. We are now back to the ordinance as was presented. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-1. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh voting no. City Attorney Kit Williams read the ordinance. Council Member Petty 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 7-1. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh voting no. City Attorney Kit Williams read the ordinance. Council Member Marsh reiterated her reasons for not supporting the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Kinion, Petty, Scroggin, Bunch, Turk, and Gutierrez voting yes. Council Members Smith and Marsh voting no. Ordinance 6249 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 October 15, 2019 Page 31 of 34 ADM 19-6808 (North of Raven Lane/Crystal Springs Sd MSP): A resolution to amend the Master Street Plan by downgrading the planned collector streets for property within the Crystal Springs Subdivision North of Mount Comfort Road and East of Salem Road to local streets. Garner Stoll, Director of Development Services gave a brief description of the resolution. Jesse Fulcher, Applicant's Representative spoke about moving forward more cleanly with construction plans. Council Member Smith: The sidewalks we would expect to be constructed, would be the new cross sections if we adopt the entire Master Street Plan or they would be under the current plan? Garner Stoll: No. The 2040 Plan in its present draft shows his in the residential link, which would require the sidewalks. This is an interim step. We didn't have a residential link to reclassify it to. On November 19th, you will get the 2040 Plan, including the Master Street Plan. Council Member Smith: Which will change this again? Garner Stoll: Yes. Council Member Smith: So, we are not just moving ahead to change this to the final product? We will be looking at this again as a part of a bigger package? Garner Stoll: Yes. Council Member Marsh: If we approve this now, are we allowing a loophole for them to have less stringent sidewalk requirements? Garner Stoll: Not if you adopt the 2040 Plan. Council Member Marsh: If we change this tonight, can they apply for something between now and then? Garner Stoll: Not really, Jesse Fulcher: It's a five-foot sidewalk, even on a collector street. If we go to local, it's a five- foot sidewalk. The goal is to get to a six-foot sidewalk to be incompliance with the new street sections. Council Member Smith spoke briefly about the impact of the Master Street Plan. He requested to know how stringent the city is on the idea of the connections. Garner Stoll: Very stringent with regard to the collection. Flexible with regard to the location of the connection. There are stub -outs that anticipate continuing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 32 of 34 Council Member Smith: How does that fit with the way the Master Street plan is applied regarding the configuration of intersections and connections? Garner Stoll: Assuming you are satisfied this connectivity can be provided with local streets, this is far superior than a continuation shot. These houses are all going to front onto these streets. The discontinuous nature will slow down traffic. Council Member Smith: I'm not as worried about this one. We have established the bridge is an unlikely event and this connection is probably about as connected as it's going to get. I agree the connectivity here is superior, but I worried about the through routes. Garner Stoll spoke about a collector system and a connected local grid. Will Dockery, Citizen spoke about the two theories of the street design. He stated this is a grid system into a collector system, which is not a good plan. He stated there is a better way to do this. Garner Stoll: This is platted. The connections are all determined and aren't for debate. The connections that are determined anticipate continuation to the north, west, and south. This is a platted piece of ground that is appropriately anticipating the surrounding ground, also being platted and eventually connected. It meets the city's requirements. Will Dockery, Citizen stated what's going to happen is that when the next bond comes around, they are going to have to build a bridge. He stated the bridge is going to be a local bridge only. He stated spending $3 million to build a local bridge to build connectivity is not a good spending of taxpayers' money. He stated it's a high amount for the few people it serves. He spoke about downgrading. Council Member Marsh stated Will raised some interesting points. She stated due to the late hour she would like the item to be held. There was a brief discussion about holding the item. Jesse Fulcher: The street section, the width between a collector street and a local are the same. The difference is outside the two travel lanes. It's two travel lanes either way. The collector street adds a left turn lane at intersections. We are debating the classification. It's not the functionality of the street. If the city were to take out a bond for $3 million to build a bridge, they are going to build any bridge they want. Council Member Smith stated this is a maze and we end up with a grid of grids that don't line up with each other. He spoke about traditional town form. He spoke about t -intersections. He spoke about left turn lanes. Mayor Jordan: This is Ward 4. Let us know what you want to do. Garner Stoll: The connectivity is not in question. The map stays the same. The question before Council is do you want this built as a collector typology with three turn lanes or are you happy 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 15, 2019 Page 33 of 34 with downgrading this to a local street. The new 2040 Plan maps necessary connections for local streets. We are just reclassifying it to a local to avoid the over design that Jesse talked about. Council Member Smith: It's the cross sections that make me okay with this proposal. What I'm questioning is whether the design of the neighborhoods fit the plan we see in front of us. I don't think the streets we are seeing drawn in our neighborhoods, one block of land at a time, look like what we have planned. Council Member Petty: Those are subdivision standards and block link standards and have little to do with the item in front of us. Garner told us the property had already been platted. There's a good case to be made for the streets to be downgraded and that's the decision before us tonight. I'm not going to vote to table this. If the intention is to hold the street classifications hostage to try to get the property re -platted, that's a strategy a Council Member can choose to engage in. I don't see any other reason why this would be delayed. This is very straight forward. Council Member Turk: It is late. I recommend we take this up next time. Council Member Marsh: I came to the meeting prepared to vote for this. I respect Will Dockery and when he raises concerns, that makes me want to take a second look at this. Council Member Petty moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 6-2. Council Members Kinion, Petty Scroggin, Smith, Gutierrez and Marsh voting yes. Council Members Bunch and Turk voting no. Resolution 239-19 as recorded in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director spoke about a public Open House sponsored the Northwest Arkansas Regional Planning Commission 10 -year Transit Development Plan. She spoke about the public facilitated conversation of the South Wilson Park neighborhood parking. She spoke about the last Fall Bulky Waste Cleanup, Business License renewals, Annual Celebration of Trees, and the Help a Neighbor fund. All information about city business can be viewed on the City of Fayetteville website. City Council Agenda Session Presentations: None City Council Tour: None 1i,s vvesi iviouniain rayenevme, mm iuu i kwI v) oIu-ooc0 Adjournment: 11:51 p.m. City Council Meeting Minutes October 15, 2019 Page 34 of 34 1"Imal Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov