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HomeMy WebLinkAbout2020-02-18 - 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 18, 2020 City Council Meeting Minutes February 18, 2020 Page 1 of 17 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 18, 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, Mark Kinion, 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 Matthew Petty Pledge of Allegiance Mavor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2020 Page 2 of 17 Consent: Insituform Technologies, Inc.: A resolution to approve a one-year contract extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains using cured -in-place sanitary sewer linings. Resolution 63-20 as recorded in the office of the City Clerk Bid #20-25 Tri Star Contractors, LLC: A resolution to award Bid #20-25 and authorize a contract with Tri Star Contractors, LLC in the amount of $181,873.84 for the Stone Street Water Line Improvements Project, and to approve a project contingency in the amount of $18,187.38. Resolution 64-20 as recorded in the office of the City Clerk Ted and Roberta Willis: A resolution to approve the purchase 0.33 acres from Ted A. Willis and Roberta G. Willis in exchange for the conveyance of 0.72 acres of city -owned land and payment in the amount of $3,150.00 for the removal and reconstruction of the Township water storage tank. Resolution 65-20 as recorded in the office of the City Clerk Watershed Conservation Resource Center Task Order No. 7: A resolution to approve a change order to Task Order No. 7 with the Watershed Conservation Resource Center in the amount of $52,701.89 for reimbursement for streambank restoration expenses associated with the White River Streambank Restoration Project at the Noland Wastewater Treatment Facility. Resolution 66-20 as recorded in the office of the City Clerk Northwest Arkansas Land Trust Conservation Easement: A resolution to authorize Mayor Jordan to sign a Grant of Conservation Easement to the Northwest Arkansas Land Trust for the preservation of 41 acres of environmentally sensitive land. located near the West Side Wastewater Treatment Plant. Resolution 67-20 as recorded in the office of the City Clerk Northwest Arkansas Land Trust: A resolution to authorize a three-year contract for Habitat Restoration and Management with the Northwest Arkansas Land Trust in the total amount of $188,215.00 for the preservation of the West Side Prairie near the West Side Wastewater Treatment Facility. Resolution 68-20 as recorded in the office of the City Clerk Bid #19-52 DC Sparks Construction LLC Change Order 2: A resolution to approve Change Order No. 2 to the contract with DC Sparks Construction, LLC in the amount of $59,950.00 for the relocation of a sewer main necessary for the construction of the Fleet Vehicle Wash Facility, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevi1le-ar.gov City Council Meeting Minutes February 18, 2020 Page 3 of 17 Resolution 69-20 as recorded in the office of the City Clerk Parks and Recreation Donation Revenue: A resolution to approve a budget adjustment in the total amount of $1,970.00 representing donations to the Parks and Recreation Department in 2019. Resolution 70-20 as recorded in the office of the City Clerk Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Unfinished Business: 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. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director spoke about working directly with the resident. He went on to explain that the resident has agreed to a 7 -foot easement at this time. He also stated that this would be a temporary solution for this resident. City Attorney Kit Williams: We were informed to do this. Blake amended the ordinance and I left a copy of it to you. Ordinance changes from 10 ft to 7 ft but everything else in the ordinance is the same. We still need an amendment to adopt the 7 ft. Council Member Gutierrez made a motion to amend the ordinance from 10 ft to 7 ft. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Council Member Scroggin: At this point, is staff and the applicant ok with the 7 ft? Garner Stoll: Yes. Council Member Scroggin: We don't think there are any long-term consequences. Garner Stoll: This is a reasonable compromise. We normally want 10 ft but there are a lot of extenuating circumstances here. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes February 18, 2020 Page 4 of 17 Council Member Scroggin: Thank you. Mayor Jordan: Some of the issues that I had with it, on the side where we are asking for 10 ft on the other side. Quite a lot of folks already had less than 10 ft. I think the owner of the property made the point of fairness here. Council Member Bunch: Since this sewer line next to all these properties that are tied to it, are the neighbors aware that at some point this is going to need to be tied on? This would include all the neighbors along this one section. Have you included that the neighbors are all going to have to tie on the same way? Garner Stoll: Eventually that is the best solution. Yes. Right now, this property, plus the houses to the west take their sewer access from the private sewer line. We are trying to protect utilities, ability to get them in there if they need to. Council Member Bunch: I understand that. At some point in time all the neighbors are going to need to be on board with tying onto the sewer in the front. Garner Stoll: Yes, and Tim may want to address that. Council Member Bunch: It is going to happen. Since it didn't show up on a title search, I was concerned about that. Tim Nyander, Utilities Director spoke about what concerns and obstacles the neighbors will face when it comes time to tie onto the sewer line. City Attorney Kit Williams: Eventually, we will probably vacate this entire block. Every neighbor would be notified when that happens, because they would all be joining this easement. Council Member Turk: Tim, could you let us know, approximately, how much it would cost to tie into the sewer line? Tim Nyander: I would say approximately about $2,500.00 per household. Council Member Turk: Should the neighbors be alerted to what all is going on here? So, they have the heads up that we have had this discussion and we are making changes here. I want to make sure that we are not setting any kind of precedent. Tim Nyander: We can certainly do that. We did that in a similar situation. We will send them letters to let them know of future potential issues with the private sewer line. Council Member Turk: Thank you. That will be helpful. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Bunch 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 18, 2020 Page 5 of 17 Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty 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 Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Ordinance 6283 as Recorded in the office of the City Clerk New Business: ANX 20-69811210 N 54th Street Fayetteville Housing Partners: An ordinance to approve the annexation petition of the Fayetteville Housing Partners and annex 30.04 acres of land located at 1210 North 54th Street. A brief conversation took place about if the ANX and RZN could be decided together. City Attorney Kit Williams: Before we read this, we need to correct the amount of acreage. Mayor Jordan: Do we need a motion to change the acreage? City Attorney Kit Williams: Yes, to amend to what was handed out. Mayor Jordan: To 34.85? City Attorney Kit Williams: That is right. Mayor Jordan: We need a motion to change the acreage from 30.04 to 34.85. Council Member Bunch moved to amend the ordinance to correct the acreage to 34.85. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: We have to act on the annexation before we can act on the rezoning. The project can be described and discussed for both the annexation and rezoning. Garner Stoll spoke about the annexation request and the location. He also explained why these two items have been brought up at the same time and talked about the City's land use plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteviIle-ar.gov City Council Meeting Minutes February 18, 2020 Page 6 of 17 Council Member Smith spoke about the timeframe for funding and why he walked this item on at agenda session. He went on to explain that first they had to go through a de -annexation process through the county before this property could be considered for annexation and rezoning by the City of Fayetteville. Mayor Jordan: Does the applicant want to speak to the Council? Robert Rhoads, with Hall Estill Law Firm spoke about the fact that he is representing the applicants. He explained why this ordinance should be expedited and the fact that the Planning Commission voted on this item unanimously. He also went on to explain who was in the council meeting with him for this item. Jeff Webster, President and CEO spoke about how much he appreciated the City Council. He went on to talk about the work that his organization had completed in NW Arkansas. He gave an executive summary regarding this project and who has been involved. He talked about how the project aligns with the city goals for both public and private sectors. He talked about all the different community partners his organization has been working with in order to create affordable housing. Robert Rhoads spoke about how important the City of Fayetteville is to this project. He also talked about all the city services this property would receive, since this property will be in the city limits. He also went on to talk about the small impact this project would have on traffic and services that would be provided to this property. He echoed all the topics that Jeff Webster had stated when it comes to aligning with the city goals. Council Member Scroggin: I am ok with this. Whose pockets they can go in, when a roof may cost $10,000 to fix now? But in 20 or 30 years it might be $20,000 or $30,000 to fix. Is this going to be put in a LLC? Is somebody going to be able to pay for that? Jim Petty, Strategic Realty spoke about how technical the answer would be for this question. He went on to explain how the organization keeps the rent attainable. He spoke about the grant assistance the organization would receive and how heavily regulated this would have to be. Council Member Scroggin: So, you feel comfortable if cost of maintenance goes up for 5% per year for the next 35 years? Jim Petty: Yes, but I would like to make one minor clarification to what you just said. The cap is not $700 per year for 35 years. These can go up no more than 2.75%, basically, the cost of inflation. The other thing that is built in for protection of what you are talking about, are replacement reserves and operating deficit reserves. Council Member Scroggin: Ok. I like it. Thank you. Council Member Bunch spoke about the cap and the inflation. She wanted to know additional information about any type of adjustments. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes February 18, 2020 Page 7 of 17 Jim Petty: This is a federal program. The income level income limits are adjusted annually. We have no control over that. Council Member Bunch: To ensure you are targeting this group of our community, if someone is renting something there, you are their landlord, correct? Jim Petty: That is correct. Council Member Bunch spoke about how some individuals could sub -let a place to live to someone else. She went on to ask additional questions about how this would work and wanted to know how they could be protected from this. Jim Petty: That is not even allowed legally. Council Member Bunch: Ok, but you have measures in place to ensure this doesn't happen? Jim Petty: Yes, that is correct. We are heavily regulated and audited by the State of Arkansas compliance staff. Council Member Turk: Who is going to be the owners of these structures? Jim Petty: It is our company, Strategic Realty. It is me and the other gentlemen here. We are a single purpose, single asset entity that is a limited partnership. Council Member Turk: What happens if you are unsuccessful in getting the tax credit? Does the whole deal fall apart and make it not financially doable? Jim Petty spoke about what would happen without the tax credits. He went on to talk about how persistent his organization is, and they have been apart of a project like this before. He also explained the need of attainable housing in NW Arkansas. Council Member Turk: So, if it doesn't work this year, you will all try again next year and continue to pursue this? Jim Petty: Yes, we will. Council Member Turk: If or when you are successful with the tax credit, is that credit tied to that particular investors or to that location? Jim Petty: It is specific to that location. If something happens, and the church decided that they had to use that land after we received that funding, or after we had not received funding. Then we moved two tracks down per -se. We would put in the application with that location. Those funds are specific to the project, but not specific to the investor. Angela Belford, Fayetteville Housing Authority Executive Director spoke about the collaboration of this project. She went on to explain her experience with all the different community partners in 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2020 Page 8 of 17 NW Arkansas in order to end homelessness. She also talked specifically about HARK. She spoke about how they listen, respond and aid the community. Amber Bruce, Molly Court in Ward 4 spoke about her experience as a social worker. She voiced her support of the project and talked about how many individuals that would benefit from this project. Evelyn Rios -Stafford, 527 S. Sherman, Ward 1, Housing Authority Commissioner spoke about her support of the project. She talked about everything that had been presented at Planning Commission the week beforehand. She went on to talk about the data she had seen from the Housing Authority. She went on to explain that the data shows higher rent prices in the area. Council Member Gutierrez spoke about assistance individuals can receive called Vouchers. Garner Stoll: From my understanding, there are 9 or 10 that are market rate. The rest of them are subsidized. Council Member Gutierrez: Will you be able to take those Vouchers? Jim Petty: Yes ma'am. This is not public housing. We are not competing with Angela and the Fayetteville Housing Authority, but through their Voucher Program, they are welcome. We won't necessarily target them. We will target those that are in need and if they have a voucher then great and if they don't, then that is ok as well. We are prohibited through the laws from discriminating against Voucher Holders. There is extra strength in that. Council Member Gutierrez: On the market rate, those 10, can you fluctuate from the 10 or do you just have to stick with the 10? Jim Petty: We can. It really is dependent upon the land itself. There might be nine, there might be 11. The units that are affordable are fixed. Whatever we have as far as the market rate, those will be fixed, as far as the physical unit themselves. Council Member Bunch: In our packet the view of the property, I believe on pages 21 through 25, I don't recall seeing on the presentation, that there is a little arm of property that shows in our packet. It goes over to Sunshine Rd. Was that in their packet or is that something that was removed? Garner Stoll: It is part of the annexation request. This would remain zoned RA. Council Member Bunch spoke about her interpretation of the maps and what had been in the packet. 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 Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteviIle-ar.gov City Council Meeting Minutes February 18, 2020 Page 9 of 17 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 Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Smith spoke about how much he appreciated everyone. He went on to talk about the reasons why he walked this item on at agenda session. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Ordinance 6284 as Recorded in the office of the City Clerk RZN 20-6982 1210 N 54th Street Fayetteville Housing Partners: An ordinance to rezone that property described in rezoning petition RZN 20-6982 for approximately 24.81 acres located at 1210 North 54th Street from R -A, Residential Agricultural to RI -U, Residential Intermediate - Urban and CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director spoke about the zoning and the fact it has been discussed previously. He also went on to explain that the Planning Commission and Staff recommend approval of the rezoning request. Council Member Smith: If something were to happen, and this project didn't go forward. I think this is appropriate zoning for this area. This is way better than a lot of projects we see. 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 Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty 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 Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 18, 2020 Page 10 of 17 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Ordinance 6285 as Recorded in the office of the City Clerk Towne West Capital Partners I, LLC: A resolution to approve a cost share agreement with Towne West Capital Partners I, LLC for the construction of a regional sewer lift station, sewer force main and upsized sewer mains for the development of Towne West Subdivision with an amount not to exceed $2,475,440.89 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $247,544.09. Tim Nyander, Utilities Director spoke about Towne West Capital Partners, LLC development. He talked about the location of this development and the needs of the area for sewer. He went on to talk about passed council meetings and approval of past agenda items. Council Member Kinion: This is a good deal and it is timely. Council Member Smith spoke about his support of the project. He went on to ask questions about if this would be recouped from future developments. Tim Nyander: No, we don't ask the developers to start paying as they come on. We are going to pay for it with the impact fee, which are designated to increase capacity of the sewer system. Council Member Smith: So once that service is there, its there, and it doesn't cost anything to use? Tim Nyander: It would be a public system. Council Member Smith: Thank you. Council Member Scroggin moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Resolution 71-20 as recorded in the office of the City Clerk Bid 420-26 Tri Star Contractors, LLC - 2019 Bond Project: A resolution to award Bid #20-26 and authorize a contract with Tri Star Contractors, LLC in the amount of $620,456.38 for the Upper Scull Creek 2 Drainage Improvements Project, to approve a project contingency in the amount of $93,068.00, and to approve a budget adjustment - 2019 Sales Tax Bond. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2020 Page 11 of 17 Chris Brown, City Engineer spoke about this being a drainage project. He went on to talk about where the stormwater system collects water. He went on to explain what a good bid this is and that they recommend approval of the contract. Council Member Gutierrez moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Scroggin was absent during vote. Council Member Petty was absent. Resolution 72-20 as recorded in the office of the City Clerk RZN 19-6966 (1340 N. Porter Rd./Ross): An ordinance to rezone that property described in rezoning petition RZN 19-6966 for approximately 1.38 acres located at 1340 North Porter Road from RSF-4, Residential Single Family, 4 units per acre to RI -U, Residential Intermediate, Urban. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director spoke about the location of the project and the surrounding area. He went on to talk about the residential surrounding zoning. Ashley Ross: Do you have any questions for me? Council Member Scroggin: This wasn't a straight-line row. There was some split in this, is that correct? Garner Stoll: I believe the issue was, that the applicant had asked for RMF -12. Planning Commission suggested, and the applicant agreed, to RIU instead. Council Member Turk spoke about neighborhoods in Fayetteville that are stable. She went on to explain that she didn't know how this would fit in. Ashley Ross: This property has been in our family since 1939, 1940. It has been sitting vacant for some time. We just want to do something with it. It doesn't really matter what, we just need to do something with it at this point. Council Member Turk: I realize that house is in bad disrepair. I go passed there almost every day. So, you really don't know exactly what you are going to do with it quite yet? Ashley Ross: Not at the moment, the house is unlivable. We need to tear it down and do something with it. City Attorney Kit Williams: You began with a different zoning, but this is now the zoning you want? RIU? Ashley Ross: That is what the Planning Commission recommended. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 18, 2020 Page 12 of 17 City Attorney Kit Williams: What I want to know, is that what you are asking the City Council for the rezoning? This is your request now? Ashley Ross: Yes. I am perfectly fine with that. City Attorney Kit Williams: Ok, thank you. Council Member Marsh: I would just like to remind the Council that we are not allowed to consider what the development proposal is. It's only the rezoning request. It's irrelevant what he may or may not intend to build. Council Member Turk: I was going to ask that we hold it, so that the public has more notification that this is going on. Since nobody is speaking up right now, I am not sure they have gotten the word out. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll the motion failed 5-2. Council Members Scroggin, Bunch, Smith, Gutierrez, and Marsh voted yes. Council Member Turk and Kinion voted no. The Mayor did not exercise his right to vote. Council Member Petty was absent. This ordinance was left on the first reading. VAC 19-6973 (3277 N. College Ave./BF Holdings): An ordinance to approve VAC 19-6973 for property located at 3277 North College Avenue to vacate a portion of a water and sewer easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director spoke about where the property is located. He talked about the surrounding area and said there was no need for this easement. He went on to say that Planning Commission recommended approval. Alan Reed, BF Holdings: We concur with everything that staff says. I have a question for Kit. When they dedicate this new easement, that is 15 x 20 ft. How is that dedicated? Is that through the plat itself, or does there have to be a separate document? City Attorney Kit Williams: It could be either way. If you are going to file the plat with this, which you probably will, then you can just dedicate this on the plat. Alan Reed: Ok. Thank you. I will answer any questions. 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 Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettev il le -a r:gov City Council Meeting Minutes February 18, 2020 Page 13 of 17 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty 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 Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Ordinance 6286 as Recorded in the office of the City Clerk C-PZD 19-6952 (5102 W. Wedington Dr./LBDG Wedington): An ordinance to approve a commercial planned zoning district entitled C-PZD 19-6952 for approximately 8.60 acres located at 5102 West Wedington Drive to allow the development of mini -storage units and accessory office and retail space. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This request is a rectangular parcel. It is located across the street from Cobblestone close to Cross St. It's a Planned Zoning District. Specific uses are proposed and can be discussed. The existing zoning and the surrounding zoning is residential agriculture presently. The proposal, and this is the site plan submitted with the Planned Zoning District, is for an office retail building at the Wedington entrance. Four mini storage buildings to be built to the south with the required storm drainage retention facility at the southern end before Owl Creek. Here is a rendering of the general concepts that the office retail building would reflect. A rendering of the mini storage building. Issues that we looked at, were existing plan land use compatibility. Consistency with the City Plan Goals. The City Plan 2040 the future land use plan designates this for residential neighborhood. Staff felt that this development wasn't as planned. Two weeks ago, I showed you this slide that shows you the factors that City Council may consider in review of planned zoning application. I won't read these, but you can look at the large list of issues you may want to consider in your decision. Planning Commission discussed this item and was concerned as staff was with the rectangular nature of the development and the fact it didn't have any connectivity. They requested a connection and the applicant agreed to dedicate a 43 ft right of way at the Southern end, between the mini storage facility and the retention pond. While that addressed one of the issues that Staff had, we still have other issues. We feel it really isn't compatible with either the existing land uses rural nature of this area, or the goals of this area as articulated in 2040. So, Staff does recommend that you need to deny this request. Tom Hennelly, Crafton Tull: Garner, do you have the revised layout that I sent you this afternoon? Garner Stoll: I didn't make it back to my office. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www-fayetteviIIe-ar.gov City Council Meeting Minutes February 18, 2020 Page 14 of 17 Tom Hennelly spoke about working with his client for a long time about finding a location for mini storage units. He also went on to pass one map out for all the Council Members to look at and said he had met with Planning Commission multiple times. He spoke about Planning Commission passing the item unanimously and the needs of the area. Council Member Smith: Garner, what is our codes maximum block length? Garner Stoll: 600 Council Member Smith: That is a maximum. Do we have a rule of thumb for an ideal block length? Garner Stoll: I think that is a context specific question depending on the land use and the topography and the density. Council Member Smith: When you see variances to block length come forward. How far off the maximum 600 are those usually? Garner Stoll: It's not uncommon to ask for the adjustments to the Planning Commission on block lengths. But the ones I have looked at, that they have rendered that were for some topographic reasons or there were street intersections that demanded they were connecting to. That were already established block length. I think there were generally reasons for it. Council Member Smith: How far over the 600 are in normally approved variances? Garner Stoll: I am not sure. I could tell you exactly the number, but they're usually requests for adjustments for specific reasons. Council Member Smith: Since we don't hear those, I was just trying to wrap my head around what a normal process is. Are they 605 ft or are they 700 ft or are they 1,200 ft? Garner Stoll: I don't recall seeing any 1,200ft variances since I have been here. Council Member Smith: Would this development have to receive a variance at development time to build what they are showing in their PZD? Garner Stoll: The plat, I think, yes. Council Member Turk: This is the first time I have seen a storage unit come before, at least in my tenure here. Have there been any problems in terms of security and crime of that sort of thing associated with this kind of development around the city? Do we know anything about that? Garner Stoll: I am not aware of any special issues with crime. Chief might be able to talk about that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 18, 2020 Page 15 of 17 Police Chief Mike Reynolds: Nothing comes to mind as far as crimes go. Just like any other development in town, you have issues where you might have crimes of opportunity that present themselves. Typically, these types of developments have security and are fenced in. Only people that have access are gaining entry to them. Very rarely do we experience any type of crime at these types of developments. Council Member Turk: Since they're in a neighborhood area, it is still rural, but there is certainly neighbors around. Thank you. Council Member Gutierrez: Based on the 2030 Plan, would there have been a different recommendation from staff or do you think it is really based more on the new 2040 plan? Garner Stoll: They have the same designation here. 2030 designated this residential neighborhood as well. Council Member Gutierrez: There wasn't any change? So, the future land use map that we have planned out there in 2030 says what it did then and what it says in 2040. Garner Stoll: It is identical designation. Council Member Gutierrez: Ok, thanks. Council Member Scroggin: I have a question for the applicant. Is this going to be gated? Tom Hennelly: It will be. Garner, if you wouldn't mind pulling up the old site plan. If you look at the top of the peninsula in the northern most area, you can see the two light green areas. Those are what will be bermed and landscaped. Before that we were concerned, from a criminal activity standpoint, people getting behind those berms and out of sight. So, the gating will be done north of those berms, with a keypad entry. Council Member Scroggin spoke about variances on Lockley. He went on to talk about additional precautions in this area. Tom Hennelly spoke about the importance of the City Council meeting handout he had given. It consisted of one large map that was passed around during discussion. Garner Stoll spoke about additional issues and zoning in this area. He also went on to talk about future connectivity that would be affected. City Attorney Kit Williams: I would say that since this is a new design that you were only able to hand out tonight, it probably makes more sense not to try to pass this tonight. Tom Hennelly: It's not though Kit. We have redesigned it and sent it to Planning Commission. It was forwarded to staff this morning when it was requested. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevilie-ar.gov City Council Meeting Minutes February 18, 2020 Page 16 of 17 City Attorney Kit Williams: I am saying that City Council has only seen this one copy that got passed around. So, there might be some confusion still, and might not be crystal clear to the City Council at this point in time. This is a big rezoning. I know you would like to get this approved and go forward. Tom Hennelly: It's not just that. It's the fact that we were tabled 3 times at Planning Commission and real estate contacts have been extended and extended and extended. We followed all the rules, but I get it. You guys haven't seen it and had time to absorb it. City Attorney Kit Williams: These are the guys that make the final decision. Council Member Smith spoke about his concerns about the variances and connectivity. He also talked about his support to hold this item. This ordinance was left on the first reading. Amend § 158.02 Cash Bond: An ordinance to amend § 158.02 Cash Bond of the Fayetteville Unified Development Code to allow contractors working within the public rights of way to post additional forms of bonds. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer spoke about how this issue came about. He went on to talk about updating documents and that approval of this ordinance would provide clarity to bonds. Council Member Scroggin: Is this a precedent for this in other cities? City Attorney Kit Williams: Yes, this is in more conformance with what other cities in the region and the state are doing. It is simpler to just request cash, and it doesn't require as much homework. Even though it is a little bit more difficult for the city, it is certainly much easier, and less costly to the contractors doing work in our right of way. That's why I think we are willing to do that. Council Member Scroggin: Will we possibly get more bidders on some of the projects doing this? Chris Brown: I would say these bonds are required for development or other utility works. These aren't contractors that are working for the city. They are the ones that are working within the right of way that we are issuing permits to allow them to work. That is what gives us the ability to make repairs if we need to, call those bonds and get our money reimbursed. City Attorney Kit Williams: We have a little protection because we are getting a letter from the franchise holder that this person is working for them. We have a long history with these franchise holders. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 18, 2020 Page 17 of 17 Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty 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 Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voted yes. Council Member Petty was absent. Ordinance 6287 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff spoke about blood donations on the Square on 02/19/20 and the second Annual Bradford Pear Bounty to encourage residents to remove invasive species. She also spoke about Preservation Awards for 2020 and deadlines for nominating candidates. City Council Agenda Session Presentations: None City Council Tour: None Ad'ournme t: 7:33p.m. 1 ti 1 L eI JorrJ , ayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov