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Home My WebLink About2020-10-20 - 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 October 20, 2020 City Council Meeting Minutes October 20, 2020 Page I of 28 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 20, 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. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, and Kyle Smith joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Manor's Announcements, Proclamations and Recognitions: Mayor Jordan: In light of the current health concerns, Fayetteville City Hall is closed to the public. This meeting is being held virtually. I am present in Council Chambers with a handful of essential support staff. City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, IT Director Keith Macedo, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two representatives from the IT Department. City Council Members, City Staff, and the public are participating online or by phone. Other than 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 20, 2020 Page 2 of 28 those of us you see before you, the voices you hear during the course of this meeting are being recorded for public record and piped into the Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, and joining the Zoom conference by smartphone, tablet or computer. Staff can view when you join the meeting and when you raise your virtual hand. We ask that you refrain from doing this until the public comment portion of the item on which you wish to comment. I will provide a longer than usual period of time for you to raise your virtual hand, so as to ensure time to be recognized. Fayetteville residents will be allowed to speak first. When recognized, please state your name and address for the record. Public comment shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: Fayetteville Advertising & Promotion Commission: A resolution to accept a proposal by the Fayetteville Advertising & Promotion Commission for a series of four outdoor events in the downtown area and provide funding in the amount of $20,000 and to approve a budget adjustment. Council Member Marsh made a motion to suspend the rules and add Fayetteville Advertising & Promotion Commission item to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the resolution. Mayor Jordan: We have been working on this for a while. Devin Howland, Director of Economic Vitality gave a brief description of the resolution. He stated the resolution is for funding four outdoor socially distanced events through a proposal from Experience Fayetteville. He stated the idea stemmed from Mayor Jordan's Small Business Resiliency Task Force that was formed on March 21, 2020. He stated the group has met weekly since the pandemic started. He stated it was piloted by the city's Long Range Planner, Mary McGetrick and Experience Fayetteville. He stated the events would be managed and led by Experience Fayetteville and coordinated with the businesses in the chosen areas. He stated staff is exploring the acquisition of other funding to private philanthropic efforts so they can make these 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 3 of 28 even more throughout the year. He stated this will also provide some funding to keep restrooms open at the Town Center. Molly Rawn, Experience Fayetteville Executive Director stated she believes this will help businesses and help the downtown. Council Member Turk: You already piloted this on Block Street. Could you describe how many people were there, if social distancing was a problem or any other challenges encountered? Molly Rawn: We piloted this on August 27, 2020. I don't have a head count for you, but Devin might. These are outdoor events. As part of the social distancing, we did not have any registration or check -in because it is a free open event and would make it difficult to count. We had signage indicating that masks were required. We made sure that staff was there. We hired contract labor to be able to keep tables sanitized and to walk around reminding people to stay masked. Most everyone did an excellent job in maintaining social distance. We definitely pushed that as part of the marketing of it. Devin Howland: The execution of that event was not me, it was Mary McGetrick. She put a lot of work into that. I would say we had over 100 people at the event. It was spaced out down Block Street, which was an elongated event. That's kind of something we are seeing with the outdoor refreshment area. We've had a few events take place. While there may be a specific event area, the nature of that ordinance allows people to spread out throughout the district. Another thing observed that night and continue to observe in our downtown and Block Street is the businesses being ambassadors in driving the social distancing. They take this extremely seriously. Mary McGetrick, Long Range Planner: We had signs encouraging small groups less than 10. There were about a 100 people there. It was a flowing event. We didn't have a lot of people congregating. We had city staff and Experience Fayetteville staff there the entire event to monitor, along with the business owners. We encouraged people to keep their masks on when not eating or drinking. We did our best to meet the Health Department guidelines and make sure people were being responsible while having fun. Council Member Turk: That is really good to hear. Do you anticipate with the four new events to have about the same number of people? Do you anticipate it being a larger crowd and having adequate staffing to encourage social distancing and mask wearing? Molly Rawn: One of the reasons we are seeking funding for this is so that we can make sure we have paid staff there and not fully relying on volunteers. This is a pilot and is something we need the business to embrace and adopt. We can go a long way towards making this a success, but we also need support from the businesses in these areas. It won't work if they aren't bought in. Every business we have talked to is excited and is eager for this to move forward. The funding is key because volunteers are great and wonderful, but when you have paid staff that can make sure these events are done well, it will go a lot further. We want to make it safe. One of the reasons we are trying different days of the week is because we want to see what works. There are two goals and they can both be achieved. One is how do we thin out the crowd on the busy times to give them a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 4 of 28 safe place to go so they aren't crammed into businesses. Second, on these days that are dead days where businesses downtown are dark, how do we draw people out in a safe way. Mayor Jordan: I appreciate all the work everybody has done on it. Paul, please address the funding. Paul Becker, Chief Financial Officer: This should be eligible for the CARES Act reimbursement. We have to file for the reimbursement. I feel confident that we should be reimbursed for this, which is what the Budget Adjustment indicates. Mayor Jordan: That was one of the first things I checked with Paul about to see if the CARES Act funding would cover that. Thank you, Paul. Council Member Bunch: This is a fantastic idea. Thank you to everyone at the city for working on this, especially to Council Member Petty for walking it on today. The sooner we can get this done, the better. Council Member Petty thanked staff. He stated walking this on was the only thing he had to do with this. He stated this was done by staff at the city and the A&P. He expressed his gratitude. Council Member Gutierrez stated she was able to attend the event and found it to be successful. She stated people were following the rules and it helped quite a few businesses on Block Street. She stated it created a nice opportunity for people to get out of their houses and feel safe in an outdoor place. She stated it is a great idea. Council Member Marsh moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 252-20 as recorded in the office of the City Clerk Consent: Approval of the September 29, 2020 Special City Council meeting minutes and the October 6, 2020 City Council Meeting Minutes. Approved Animal Services Donation Revenue: A resolution to approve a budget adjustment in the amount of $22,238.00 representing donation revenue to Animal Services. Resolution 253-20 as recorded in the office of the City Clerk Bid #20-50 Paladino Painting Co., LLC: A resolution to award Bid #20-50 and authorize a contract with Paladino Painting Company, LLC in the amount of $147,160.00 for construction 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 20, 2020 Page 5 of 28 related to the rehabilitation of four concrete clarifier troughs at the Noland Water Resource Recovery Facility. Resolution 254-20as recorded in the office of the City Clerk Beaver Water District: A resolution to approve a budget adjustment in the amount of $400,000.00 in the purchased water account due to increased water usage. Resolution 255-20 as recorded in the office of the City Clerk Bid #20-68 Food Loops, LLC: A resolution to award Bid #20-68 and authorize a contract with Food Loops, LLC for a term of one year with automatic renewals for up to four additional one year terms to supply compostable cups for use in the outdoor refreshment area in various sizes, quantities and amounts on an as needed basis. Resolution 256-20 as recorded in the office of the City Clerk " Lake Fayetteville Boat & Bike Rental, LLC: A resolution to approve the Lake Fayetteville Boat Dock Operator contract with Lake Fayetteville Boat & Bike Rental, LLC in the amount of $50,900.00 for services in 2021, with automatic renewals for up to four additional one year terms. Resolution 257-20 as recorded in the office of the City Clerk Bid #20-58 Austin King, Inc. d/b/a King Electrical Contractors: A resolution to award Bid #20-58 and authorize a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for a term of one year with an automatic renewal for up to four additional one year terms. Resolution 258-20 as recorded in the office of the City Clerk Bid # 20-63 Bulk Crushed Rock Salt: A resolution to award Bid #20-63 and authorize the purchase of bulk crushed rock salt from Kansas Salt, LLC for $80.00 per ton for materials picked up and $93.12 per ton for materials delivered as needed, and to authorize the use of Central Salt, LLC as a secondary supplier. Resolution 259-20 as recorded in the office of the City Clerk Convergint Technologies Network Conduit and Cabling: A resolution to authorize a contract with Convergint Technologies for the purchase and installation of network conduit and cabling to connect City Hall to the Town Center in the amount of $50,996.50, pursuant to a Sourcewell Cooperative purchasing contract, and to approve a project contingency in the amount of $5,000.00. Resolution 260-20 as recorded in the office of the City Clerk Convergint Technologies - Security Equipment, Systems, Services, and Supplies: A resolution to authorize the purchase of facility security equipment, systems, services, and supplies from 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 6 of 28 Convergint Technologies, pursuant to a Sourcewell Cooperative Purchasing contract, on an as - needed basis through June 30, 2021, and any future renewal periods. Resolution 261-20 as recorded in the office of the City Clerk Jordan Disposal, LLC: A resolution to approve an agreement with Jordan Disposal, LLC for the hauling of solid waste in the City of Fayetteville. Resolution 262-20 as recorded in the office of the City Clerk Bid #20-69 Terra Firma Holdings, LLC d/b/a T.F. Thompson Co. Roofing: A resolution to award Bid #20-69 and authorize a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co. Roofing & Waterproofing in the amount of $46,200.00 for replacement of the Garland Avenue Head Start building roof, and to approve a project contingency in the amount of $6,900.00. Resolution 263-20 as recorded in the office of the City Clerk Amend the 2019 Community Development Block Grant (CDBG) Action Plan: A resolution to amend the 2019 Community Development Block Grant (CDBG) action plan to reflect CARES Act supplemental funding in the amount of $556,197.00, to authorize Mayor Jordan to execute the amendment when received, and to approve a budget adjustment. Resolution 264-20 as recorded in the office of the City Clerk Boston Mountain Solid Waste District: A resolution to approve a contract with the Boston Mountain Solid Waste District for environmental education and outreach services in the amount of $60,935.00 for years 1 and 2 and $25,000.00 for years 3 through 5. Resolution 265-20 as recorded in the office of the City Clerk 2020 JAG Local Solicitation Award: A resolution to authorize acceptance of a 2020 Justice Assistance Grant in the total amount of $49,439.00 which will be used to purchase law enforcement training and equipment for the Fayetteville Police Department and the Washington County Sheriffs office, and to approve a budget adjustment. Resolution 266-20 as recorded in the office of the City Clerk 2021 Selective Traffic Enforcement Program Grant: A resolution to authorize acceptance of a 2021 Selective Traffic Enforcement Program grant in the amount of $99,400.00, and to approve a budget adjustment. Resolution 267-20 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 7 of 28 Unfinished Business: RZN-2020-000006 (1278 W. Hendrix St./Fugitt): An ordinance to rezone that property described in rezoning petition RZN 20-000006 located at 1278 West Hendrix Street for approximately 0.50 acres from RSF-8, Residential Single Family, 8 units per acre to RSF-18, Residential Single Family, 18 units per acre. At the October 6, 2020 City Council meeting this ordinance was left on the first reading. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he had no further information on the item. Mayor Jordan: Do we have an applicant? Garner Stoll: I have left a message for the applicant Monday and today. I have not talked to him, but his name is Bill Fugitt. Bill Fugitt, Applicant: The bulk of this street has recently been rezoned to RSF-18, which is what I'm asking for. Originally, when I attempted to rezone this property RI-12 last year, there was some public opposition towards that. I don't believe there has been any opposition to RSF-18. This is in line with the city's objective to create affordable housing and urban infill. Council Member Turk: The other applicant, Mr. Marks, got the rezoning done in the other area of Hendrix Street. He reached out and spoke with the neighbors to try and come to some kind of agreement that worked for all parties. Have you done something similar? Have you talked to the neighbors that have concerns? Bill Fugitt: I talked to all the neighbors who came to the original meeting. I talked to them about my proposed use. My proposed use is essentially the same as Mr. Marks and definitely the same zoning. I haven't spoken to anyone since the last meeting. Council Member Turk: From that meeting were you able to garner their support or resolve any kind of concerns they had? Bill Fugitt: Yes. My understanding is they are in support of RSF-18 zoning. The only opposition I was aware of, was to RI-12 and RI-U. They supported Mr. Marks RSF-18 zoning, which is my request. Council Member Gutierrez: We visited this property about a year and a half ago. The property was incredibly wet from water that had drained in the area. It is also very low. How are you addressing that? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 8 of 28 Bill Fugitt: Right now, I haven't done anything to the property. If it's developed, some sort of soil remediation will have to be done and stormwater drainage will be addressed. Garner Stoll: This is limited to single family. Currently, single family is not subject to our stormwater retention and quality water requirements. The building permit process does work on making sure the drainage goes to the street. Council Member Marsh stated she recently attended a meeting about housing trends in Northwest Arkansas and unlike other communities in our region, housing prices in Fayetteville are starting to stabilize at much more affordable rates. She stated it is attributed to the allowance of increased zoning and smaller housing. She stated this is another opportunity to continue with that trend and create more opportunities for attainable housing that are within a quarter of a mile of our largest employer. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion: I am going to stand by my previous votes because in this specific property it's very low and the water from the neighboring properties run directly onto it. There could be some engineering to help with that and I'm sure there will be if it's developed, but at the same time, the water has to go somewhere, and this area is more prone to flooding. This is according to the neighbors that live there. I don't know why we aren't hearing from the neighbors. I do not support this. Council Member Turk: That street is extremely narrow, and Mr. Marks provided a Bill of Assurance. He worked directly and quite frequently with the neighbors to come to an agreement. We have had one letter that was against this and was recently submitted. Even though we haven't received any more than that one letter, I've heard quite a bit of rumbling that the neighbors are not supportive of this. There are drainage issues and unfortunately our code right now does not require any drainage other than what Garner mentioned about drainage review for single family homes or duplexes. I will not be supporting this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Marsh, Petty, Scroggin, Bunch, and Smith voting yes. Council Members Gutierrez, Kinion, and Turk voting no. Ordinance 6367 as Recorded in the office of the City Clerk Amend §130.01 Adoption of State Criminal Code: An ordinance to Amend §130.01 Adoption of State Criminal Code of the Fayetteville Code to include a hate crime component within City Prosecutions of certain state criminal misdemeanors. At the October 6, 2020 City Council meeting this ordinance was left on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 9 of 28 Council Member Turk 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk: As we discussed a couple of weeks ago, this ordinance is very modest. This would only apply to misdemeanor charges because we are restricted by state law. This would allow, if the Prosecutor wanted to and if the crime was really egregious, and he or she determined there was a hate component associated with it, they could prosecute that offense using this ordinance. We should send a strong message we don't tolerate this kind of activity and behavior. We tout ourselves as an inclusive and welcoming city. Arkansas is only one of three states that currently does not have a state hate crime law. The others are South Carolina and Wyoming. There's been discussion at the state level, but we've seen that things can happen at the state level where they are not able to follow through and don't have the votes. It seems like we should do as much as we can here locally to dissuade people from engaging in that kind of hateful behavior. We've had several recent examples that have happened and it's time we enacted something like this. Little Rock has already gone ahead and done a similar ordinance. I know there are other cities that are looking at similar ordinances to pass. Council Member Gutierrez 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 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Ordinance 6368 as Recorded in the office of the City Clerk New Business: Landlords in Fayetteville: A resolution to encourage all landlords in Fayetteville to ensure the habitability and safety of their rental properties, and to request that the Mayor research potential changes to the City Code to provide greater protections to tenants. Council Member Scroggin: About a year ago, I wanted to start looking at applying an ordinance and to define some habitability standards in Fayetteville. About the time that happened, COVID hit. This got pushed back and then other issues have kind of pushed back doing an ordinance. I'm ready to move forward on getting it out there that Fayetteville would like landlords to do a better job of supplying habitability to the rentals and also to allow staff to go ahead and do research. If 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevilie-ar.gov City Council Meeting Minutes October 20, 2020 Page 10 of 28 you look around, there are definitely some places that aren't really habitable. Fayetteville is almost half renters and we really need to protect our residents. Council Member Turk: I'd like to thank Council Member Scroggin for bringing this forward. Arkansas is one of the few states, maybe the only state that does not have habitability standards for renters. This is long overdue. I appreciate his leadership in bringing this issue to the Council. Council Member Scroggin: Thank you. Council Member Marsh: Will this address mold issues? A frequently occurring problem in rental properties in Fayetteville is the presence of black mold and poor air quality. Will that be touched on here? Council Member Scroggin: Currently it's encouraging. I do have kind of a list we wanted to put in the ordinance. I haven't brought that forward today, but when we hopefully can bring forward an ordinance, we'll actually look at things that do have teeth. Obviously, landlords are encouraged in making sure your rental isn't slowly killing your tenants, which should definitely fall under the category of something we are encouraged to not have happen. I look forward to bringing forward an ordinance, but right now, this is what I think would get that ball rolling. Council Member Smith: A couple of weeks ago, the Board of Realtors asked me about this exact issue. I got the sense they were not a fan of any sort of regulation on rental properties at all. My initial answer to them was that I didn't really know if this was in our jurisdiction or not, but if it seemed like it was, I was definitely interested in being part of the conversation. I appreciate Council Member Scroggin for bringing this up a little earlier than I expected. This clearly is within our power to do as a resolution, but I hope we will see something more substantial in the future. Habitability standards aren't just about aesthetics or comfort, they are about health and safety. They're also about long term preservation of property values and maintaining the housing stock in our neighborhood is better for everybody around it. A lot of folks don't understand why we would need this. It seems reasonable you wouldn't go live in a place that has black mold or bedrooms without windows, but we don't always know what place in life folks are at. Sometimes when you are in a hard place, you take what you can get. We owe it to our community to make sure that whatever they can get is safe. I hope we will move swiftly on this topic and focus on the core safety issues when we get there. Council Member Gutierrez: I've been a renter in Fayetteville for about 30 years minus a few where I was studying abroad. We really need this with having experienced the rental situation in Fayetteville. Something like this would have been really helpful for me as a renter and I think it's in the right direction. Safe and healthy people mean a great economy for Fayetteville. When people feel taken care of and feel their basic needs are met, they can better participate in the community and make sure Fayetteville continues to succeed. I'll definitely be supporting this. Council Member Marsh: I spent a long time renting in Fayetteville. I've lived in houses with sewage dripping out of the walls and holes in the walls. The other thing we need to be looking at is energy use and requiring some sort of energy use disclosure on rental properties. A lot of times people choose a property because the rent is lower, but once they sign a lease and move in, they 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 11 of 28 find that the utility bills are exorbitant because there's no insulation and there are holes in the wall. This has a detrimental effect on our health, our economy and our environment. I hope we will help people make informed decisions about when they're renting and hold landlords accountable to delivering safe habitable properties. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Resolution 268-20 as recorded in the office of the City Clerk RZN-2020-005 (660 W. Whillock St./Mistretta): An ordinance to rezone that property described in rezoning petition RZN 20-005 located at 660 West Whillock Street for approximately 0.80 acres from RSF-4, Residential Single Family, 4 units per acre to RMF-12, Residential Multi Family, 12 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This request is located east of College on Whillock Street. It is about a block south of the entrance to Fulbright Expressway. The parcel is surrounded by RSF-4 zoning. The depth of the commercial zoning extends almost to the parcel. Council will recall that in 2017, there was a request for similar zoning for the church immediately to the west, which was approved by Council. Issues that staff and Planning Commission looked at are the streets, which are very narrow. It's 18 feet wide. It has a bar ditch drainage and it is about a quarter of a mile of dead end street that ends, kind of going up. There are scattered houses on the existing street and a portion of this lot starts intruding into the Hillside Hilltop Overlay District. Planning Commission recommends approval of the request. They cited the need for housing and the convenient access to both school and the entrance to Fulbright Expressway which gives access points north. Staff debated this request extensively and we felt it was a close call, but our recommendation was based on the fact the infrastructure for this configuration of lot fronting on to a very narrow street and also the fact we're starting up the steep Hillside Hilltop Overlay District is in excess of 15%. A line will need to be drawn, in terms of intense entitlements as we get into the steep part of that hill. That was the reason we recommended denial. Joseph Mistretta, 660 West Whillock: I reside at the property. I think the concern was that the street was narrow for the Fire Department and any problems with emergency calls. It's not that far from College and they could back down into College, if they have too. I do have a turnaround there that's pretty wide at about 20 feet and they could turn around there. The City Council back in 2017 approved the property, just to the west. They changed it to RI-12, so this isn't much different than that zoning change. Council Member Petty: Garner, you said this was debated pretty heavily amongst staff. You mentioned two things, the Hillside Hilltop Overlay District and also infrastructure. I'm reading the packet and there's a letter from the Fire Department, which says they have no issues whatsoever 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 12 of 28 with the request or the infrastructure that's present. 18 feet seems wide enough for two passenger cars to pass or the occasional delivery vehicle to navigate the street, especially given it's not a through street or a dead end street. Could you be more specific about the infrastructure concerns. Garner Stoll: What I was referring to was that we're starting to put intense zoning on the Hillside Hilltop Overlay District, which is only mapped when there's a slope of in excess of 15%. We were concerned if we can sustain that and where is that line drawn. Does it continue on this narrow street, lot by lot? I understand the Fire Department could get to this particular lot, but the depths of the C-2 commercial zoning ends before this lot, which was kind of a rationale for the RI-12 in 2017. So, it's drawing a line. In the final analysis that's Councils call what you're comfortable with. I'm just telling you we feel that we wouldn't recommend zoning the Hillside Hilltop Overlay District into the intense zones. That's not the concept in the 2040 Plan. Council Member Petty: I don't perceive 12 units of strictly residential property to be exceedingly intense. That seems pretty middle of the road to me, especially considering the more stringent requirements we have in Hillside Hilltop Overlay developments. With respect to tree preservation, I believe there's a separate standard for Hillside Hilltop Overlay Districts and there might be a couple other separate standards. It seems clear the infrastructure is sufficient. It seems like that has been lumped in with other reasons, but perhaps should not have been included. With respect to the Hillside Overlay District, I'm wondering if staff feels the regulations we have for the Hillside Hilltop Overlay District today are insufficient? Garner Stoll: The Hillside Hilltop Overlay requirements actually cut both ways. There are additional requirements like tree preservation and then there are other requirements that allow narrower streets. So, a lighter touch in terms of infrastructure and sidewalks only on one side rather than two sides. A good zoning policy should not just look at one lot but should look at all the parcels that are in similar locations and whether that's sustainable to zone those more intensely. Council Member Petty: I think I understand what the decision is for myself. I guess it's coming back to a question we've begun to talk about in a couple of prior meetings, which is, how assertive do we want to be in establishing these growth centers. Council Member Marsh: In the past I've received a lot of feedback about the poor water infrastructure on Skelton Street. I'm wondering if Whillock Street is in a similar state of distress from a water, sewer, solid waste perspective. Does anyone know? Susan Norton, Chief of Staff: Tim Nyander is not on the call tonight. He didn't have any items. Council Member Kinion, do you have a comment? Council Member Kinion: When we were doing the 20 year long term plan, this was mentioned in this area of town to be one of the issues that would be handled. I don't know off the top of my head how far along that is or where we have it in our long term plan. I know it was evident and we talked about it. Council Member Marsh, you were on the committee, I think. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 13 of 28 Council Member Marsh: Yeah, that's why I remember it. I'm wondering if this is an opportunity to get a developer to pay for a significant portion of the cost of upgrading the water and sewer infrastructure in that area. If so, that does make a compelling case for considering an up -zone. Council Member Gutierrez: Garner, you mentioned something about a 15 degree slope and kind of that informing the decision staff has made. Can you expound on that? Garner Stoll: The Hillside Hilltop Overlay District is mapped when our hillsides are in excess of 15 degrees slope. If a mountain top, the flat part of a mountain is completely surrounded by 15 degrees or greater slope, it's also subject to being mapped as the Hillside Hilltop Overlay District. Council Member Gutierrez: Thank you. Council Member Marsh: Garner, am I reading the exhibit right that the south east corner of the property is actually in the Hillside Hilltop District? It just looks like it's a very small slice. Garner Stoll: Yes, that is correct, but the entire parcel across the street is in the much steeper part. It really starts ascending to the south. The slope is south to north. The question here is, if you zone this, then what do you do with the parcel across street? Council Member Marsh: Looking at the satellite imagery, it appears over 50% of the site is already impervious surface area, including that area that's in the Hillside Hilltop protection area. If it's already impervious surface area, how much worse could it get? Garner Stoll: I'm not pretending that's a definitive criteria. I'm saying, it's part of our thinking. You're correct, it did have a house on it. Council Member Marsh: Yes, it has an existing structure in very poor condition and a lot of impervious surface area already. Council Member Turk: I'm somewhat familiar with this area. I'm wondering if it wouldn't be helpful if the Council took a tour because that street is extremely narrow. Maybe I'm missing something here, but all I see on this property from the image is the house. I don't really see much impervious surface, so maybe I'm on the wrong spot, but it looks like there's only a house in a small kind of driveway area. Council Member Marsh: You have to look at the satellite imagery on Google Earth to see it. I was there the other day and that's how I know. I was looking at another property next door. Council Member Turk: Okay, thanks. I think it would be helpful if we took a tour. I haven't been there in six months or so. Council Member Gutierrez: I would support a tour. No one from the public spoke. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 14 of 28 Mayor Jordan: Council, do you want to hold it here or have a tour? Council Member Turk: I would like to hold it here, have a tour, and revisit it in two weeks. Council Member Gutierrez: I would like to do that as well. Mayor Jordan: Okay, we'll hold it right here and come back in two weeks. This ordinance was left on the First Reading. RZN 2020-008 (1038 S. Hollywood Ave./Phillips): An ordinance to rezone that property described in rezoning petition RZN 20-008 located at 1038 South Hollywood Avenue for approximately 0.58 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This parcel is located on Hollywood Avenue at Best Way Street. It's located in an area that is rapidly developing primarily for student housing. There is a large parking lot that the university has, immediately to the east. It has immediate trail access and it has transit service. The adjacent zoning is Community Services on two sides. It's designated Urban Center area, which is intended for dense mixed use development where existing infrastructure is present. It has a relatively high infield score of eight and transit service primarily to campus is available. No issues were identified, and no public comments were received. Planning Commission and staff recommend approval. Payne Phillips, Applicant stated he was available to answer any questions. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh: I'm really excited to see this come before us. We really need some trail oriented development and services in this area. It's a very popular segment of the trail. I look forward to seeing what happens with the property. I'm in support. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 15 of 28 Ordinance 6369 as Recorded in the office of the City Clerk RZN 2020-010: (257 E. Township St./ERC Holdings): An ordinance to rezone that property described in rezoning petition RZN 20-010 located at 257 East Township Street for approximately 1.40 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This parcel is located west of College, south of Township. It is hard surface almost of the entire lot from a former parking lot and buildings. It is surrounded by C-2 commercial zoning. The requested zoning is similar to C-2, except it has a build to line, rather than a setback and it allows mixed use in the form of residential development. Adopted plans is designated a city neighborhood area. Infield score is high at 7 to 10. It's part of the 71-13 Corridor Plan. The market study done for that plan had modest prospects for additional retail service and office, but felt it was right for residential development which this would allow. Since then, we've experienced the pandemic and I think the outlook for non-residential development in Fayetteville is probably even less potential than it was then. No issues were identified. The Planning Commission and staff recommend approval. Tom Hennelly, Applicant's Representative: We are representing ERC on this rezoning. I think the Planning Commission was enthusiastic about this rezoning more so than any other I've ever brought through. The intent of the rezoning is specifically to bring a residential component to this part of Township, which I think the commercial businesses in the area would appreciate. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez 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 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Bunch, and Smith voting yes. Council Member Turk was absent during the vote. Ordinance 6370 as Recorded in the office of the City Clerk VAC-2020-003 (SE of Razorback Rd. & 15th St./Titan RBR Properties): An ordinance to approve VAC 20-003 for property located southeast of Razorback Road and 15th Street to vacate a portion of a water and sewer easement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 20, 2020 Page 16 of 28 City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: There's a residential project under construction on this narrow strip of land between the railroad track and Razorback. They have relocated the waterline to parallel Razorback Road. This part of the former easement is no longer needed. The Planning Commission and staff recommend approval. Council Member Marsh: It looks like they've already poured slabs on this. Are they already building on top of this easement or is that just slightly to the side of it? Garner Stoll: I believe Andy Hooper is online representing the applicant He might be able to answer that question. Andy Hooper, Bates & Associates: I haven't made any new official job site visits. I have just been working on vacating the easement. I'm more on the survey side of the department. I know they have started to do dirt work out there, as far as my knowledge. Council Member Marsh: There are slabs already poured and plumbing roughed out. I suspect they're building on top of it, which I guess expedites the urgency with which we need to deal with it. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez 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 6371 as Recorded in the office of the Citt' Clerk ADM 2020-006 (Lots 21, 71, 74, 167, & 286 Park Meadows Sd./Park Meadows Sd): A resolution pursuant to § 166.04(B)(2) of the Fayetteville Unified Development Code to approve the applicant's request to not dedicate additional right of way for five lot splits in Park Meadows Subdivision Phases I and II. Garner Stoll, Development Services Director: This is an administrative item and is a very simple request, although it is associated with complicated issues. This was platted when our street right away width was 50 feet, and now it's 52 feet due to the increased width of the sidewalks that we 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 20, 2020 Page 17 of 28 now require. The parcels that are in question were all platted as unbuildable lots because they were mapped in the floodplain and were undergoing a remapping process, which has now been accomplished. They are now asking to use the administrative process of lot splits. All these lots are very similar to the other lots in Park Meadows under the same neighborhood conservation zoning. They're primarily 50 feet wide. They are going through the administrative process, but since it hadn't been platted, they're not subject to the wider right away, which doesn't make any sense, since the rest of the streets and sidewalks are all built. Lesser dedication, which is one foot less right away. The Planning Commission and staff recommend approval. Taylor Lindley, Craft & Tull: We submitted a request to FEMA to remap the floodplain through this property. All of these lots were affected by that floodplain initially. All the improvements have been done, approved and will become effective this December. This will allow these lots to be platted and not be in the floodplain any longer. There is the issue with the new requirement for additional right of away when we split these lots. Hopefully, it is a simple request. Council Member Turk: Right now, the sidewalks are built and those were built with the previous code, not the 52 foot right away, but the 50 foot right away. Is that correct? Garner Stoll: The adjacent sidewalks have. Yes, the adjacent sidewalks are built to the previous code. What the applicant is seeking and what staff thinks makes sense, is continuity. Council Member Turk: Thank you for that clarification. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 269-20 as recorded in the office of the City Clerk CUP 2020-003 Cluster Housing Appeal: A resolution to approve Conditional Use Permit CUP 2020-003 for a cluster housing development and limited business with associated parking at 1629 North Crossover Road. Mayor Jordan: What you have in your packet has been replaced with this resolution. It says a resolution to grant the appeal of Council Members Bunch, Turk and Kinion and deny the Conditional Use Permit, CUP 2020-003 for a cluster housing development and limited business with associated parking at 1629 North Crossover Road. City Attorney Kit Williams: Mayor, that's how the resolution should be worded. I sent out a memo this afternoon. In the memo, I explained the burden of persuasion normally rests upon an applicant seeking development approval. However, if the applicant has received Planning Commission's approval for land development, including approval of the Conditional Use Permit, which is then appealed to the City Council, those who have appealed the Planning Commission's approval must have the majority support of the City Council to win their appeal and deny the Conditional Use Permit. Therefore, I ask the Council to amend the currently proposed resolution 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 18 of 28 to the one the Mayor just read the title of, which would be granting the appeal, rather than approving the Conditional Use Permit. I attached that to my memo, so you have seen it. City Attorney Kit Williams read the resolution. City Attorney Kit Williams: Since we submitted the resolution, which is not really correct because it put the burden on the applicant and he already won at the Planning Commission level, I request that you amend the resolution to what the Mayor and I just read and what I supplied to you this afternoon. Council Member Bunch: If we amend the resolution, since you've already read everything, do I have to phrase it that way? Can I say to amend the resolution to what you have described? City Attorney Kit Williams: Yes, you can do that. Council Member Bunch made a motion to amend what City Attorney Kit Williams read and described. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: I'd like to advise the Council that at this point they have three options. You can vote against and defeat the resolution. This would affirm the Planning Commission's decision to grant a Conditional Use Permit. You can vote for and pass the resolution, which would grant the appeal and either invalidate the Conditional Use Permit or pass an amended Conditional Use Permit with changed conditions. Mayor Jordan: Kit, they can vote against the resolution you just read, correct? City Attorney Kit Williams: Yes. They can turn down the resolution and the Conditional Use will be sustained, affirmed and will still be in effect. Mayor Jordan: Or they can vote for it or they can change it to whatever they want to by the majority vote. Garner Stoll, Development Services Director: This 1.8-acre parcel is completely vacant with the exception of a historic house. It's located on the west side of Crossover. It is surrounded by homes backing onto this parcel, both north and south. To the west, there is a swimming pool, clubhouse, and a tennis court. The ordinance requires for the Conditional Use Permit to show you meet the requirements of the ordinance. There are specific requirements in order to get a Conditional Use Permit for cluster housing. There has to be 250 feet of private open space, 500 square feet of public open space per unit, and the architecture has to be varied. This is not a development approval, but it is an illustration. It's a conceptual plan that shows how the applicant plans to meet the conditions of the cluster housing ordinance. The open space is met in the middle through a recreational space area and the private open spaces adjacent to the 10 units. The historic house is proposed to be maintained, which was built in 1876 and is on the National Register, with the exception of the slightly deteriorated porch, but the rest of the house is proposed to be maintained. The architecture with conceptual elevations shows variety in order to meet the requirements of the cluster housing 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 19 of 28 ordinance. These homes are from 1,100 square feet to about 1,600 square feet. They are small homes. It has a common parking arrangement. It has car ports on the south side of the site plan and a common parking area to serve the remaining of the homes and the proposed commercial development. It proposes to allow 10 residential units and use unit 12 (A), which is a very restrictive commercial use in the historic building in a new building facing Crossover. The issues we looked at were compatibility, public/private access, shared parking and the screening to buffer from the adjacent homes. The Planning Commission approved the Conditional Use Permit with the 12 staff recommended conditions and then the added three additional conditions. The dwellings shall be subject to the exterior lighting standards. The preservation of the Peter Smith house is required. Screening shall also be provided. Some of the public input was that there's a need for screening and in this case it's both a fence and vegetation. Screening should be provided on the west edge of the property and not just the north and south. The Council's reasons for the appeal was whether there's a possibility of adverse effect of public interest, save ingress and egress off- street parking and loading, service areas, screening and buffering, and accountability of adjacent property. These are part of the ordinance requirements for Conditional Use Permits. When we did our recommendations to the Planning Commission and since Council specifically brought these back into attention, we again, looked at these requirements and we feel these issues have all been substantially addressed. Ricbie Lamb, Applicant: I'm here with Baxter Smith. I started working on this project in March of 2018 and we organized a meeting with the Boardwalk POA, which was held at their clubhouse adjacent to our property on April 9, 2018. There was at least 35 members of the Boardwalk community who came to visit with us. It did not turn out to be the kind of meeting we all hoped for. We thought the neighborhood would be thrilled to hear that they could get one of our local favorite restaurants within walking distance of their neighborhood. There were some really negative comments and in hindsight, we probably should have not spoken to them anymore after that first meeting and we decided to keep working with them. At that time, we had a plan for a request of rezoning to Community Services, which would allow for the pizza restaurant. After that meeting and more discussions with the Planning staff, we changed that request to Neighborhood Services General. I presented that to the Planning Commission on April 23, 2018. We got a lot of feedback from the community and the Commissioners that night. Ultimately that request was denied. That was the starting point for when this plan started to come together. We brought all that information back to the Planning Commission in the form of a concept plat on May 29, 2018. Again, we heard from the community and we heard from the Commissioners and we were assured that night we were on the right track with this plan. We took a few months to analyze all the data and we met with the Boardwalk POA again on November 19, 2018 and at that time they had formed a liaison committee, which the purpose was to communicate with our team, and we continued meeting with their committee on several occasions. We met with them on January 10, 2019, October 8, 2019 and March 2, 2020. On June 15, 2020 we received an email from them, stating they were not interested in any concept, other than the 2,250 square foot plus estate homes that complied with the Boardwalk covenants. We decided that wasn't what the market would bear. It wasn't what the community was asking for. That wasn't what we wanted to build, and it didn't follow any of the feedback we had received from the Planning Commission. It went against the City Plan 2040 and against future land use plans. We finally had to part ways with them. We took all the information that was available to us and developed the concept you see tonight. It is 10 single family homes. They range from 1,100 up to almost 1,700 square feet. They are going to be 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 20 of 28 much more affordable than the large estate type homes that you're going to see in Boardwalk. They are two stories, which is typical of the area. We made sure we had the master bedroom and bathroom down on the ground floor. It's going to work good for people of all different abilities. We've got our own clubhouse and swimming pool. People aren't going to feel like they need to go over to the Boardwalk amenities, which was one of their major concerns. We have plans for mixed use spaces along the frontage, which provides a buffer from the highway and a place for some small businesses. Our plan allows for the adaptive reuse of the historic Peter Smith house. The type of care and maintenance that property merits will become feasible once we have provided a long term useful life for that structure. This plan was overwhelmingly accepted and approved by the Planning Commission in September. We concur with Garner's assessment of the Planning Commission's decision. Please do not overturn the Planning Commission's approval of this project. Council Member Turk: Thank you for incorporating the historic Smith house. I wonder what kind of shape it is in and if you're planning it for adaptive reuse? Does a considerable amount of money have to be invested to get it up to code or standard where it could be a commercial property and who would be making that investment if it's in disrepair? Richie Lamb: The home is very much in disrepair. Under the shed room portions will need to be removed. It doesn't follow along with the historic nature of the property. We do expect that a significant investment will need to be made into that property in order to receive an occupancy permit from the city. We will have to apply for building permits. It is critical that we have the limited business use approved for that property. It is not sustainable as a single family home and that's how it ended up in the condition that it's in right now. Council Member Turk: Exactly. It could just remain the way it is. That's my concern that nobody will take it on to be able to maintain it or restore it to where it doesn't just disintegrate and degrade. Richie Lamb stated in talking about the house, one thing he hoped that would be in the staff report, but was not, was a letter from Preserve Arkansas. He read the letter to the Council, which Preserve Arkansas supports the proposed Conditional Use Permit for this property. The letter read that the current proposal provides a compatible plan for the Smith house reuse as a commercial property given its location on a major thoroughfare. He stated there is one item of correction that he discussed with staff earlier today, which is that it does state in the letter that if the property were to transfer to another developer, that the preservation allowance would go away and that's not correct. He stated once the Conditional Use Permit is enacted through the request of the building permit, that would then preserve it forever and it wouldn't matter if it got sold to another developer. He asked Garner Stoll if that was correct. Garner Stoll: Yes, sir. It goes with the use permit. It is a condition of the use permit. This Conditional Use Permit expires in a year. There's nothing that requires the developer to build the 10 units, but if they're built, the house has to be preserved and it stays with the land, not the owner. Mayor Jordan: If this does not happen, then that historic building could be torn down or not preserved? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 20, 2020 Page 21 of 28 Garner Stoll: It's on the National Register, but the National Register does not require preservation. It provides some tax credits and it has some incentives. It provides recognition and tax credit, but not preservation. Mayor Jordan: Thank you. Garner Stoll: If we had a local landmark, which we've been diligently trying to work on, it could require preservation. Council Member Turk: Garner, if the CUP is passed tonight and it expires in one year and those 10 houses are not built, then all the protections for the Smith house would go away. Is that accurate? Garner Stoll: It gives the applicant a year to start or get an extension. Council Member Turk: If they don't start in a year or get an extension then the CUP goes away and it reverts back to an RSF-4 with no conditional use. Is that right? Garner Stoll: That is correct. Council Member Scroggin: What is going to make them not change their mind about upgrading that building? Would we deny certificates of occupancy for the buildings if they haven't started on rehabbing the old building, but had finished building the 10 units? What can the city do to guarantee the building gets rehab instead of them building 10 buildings and getting their certificate of occupancy? Garner Stoll: They can't do that. City Attorney Kit Williams: Council Member Scroggin, you sat with the Planning Commission yourself, as well as Council Member Bunch. Occasionally a Conditional Use Permit is brought back to be revoked because the person hasn't been doing the right thing in following the conditions required by the Planning Commission. If that happened and the condition would be revoked, then nothing could happen on that land in pursuant to the authority that this Conditional Use Permit allowed. Construction would be stopped, and the certificate would not be granted. The city would have to ensure the conditions that had been approved by the Planning Commission and possibly later approved here or at least having a conditional use continued, that those conditions will be followed. If they're not followed, then the entire development that's based upon them would be stopped. Certainly, no one would want that, especially not a developer. If there is a failure, the city has very strong remedies to stop the development, if in fact the historic building is not being taken care of properly, being remodeled, and put back into proper shape so that it could be rented. There are strong measures the city has and I'm sure we would do that. We enforce our Conditional Use Permits. Council Member Scroggin: Thank you. I wanted the denial of occupancy or certificate of occupancy on the record. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 22 of 28 Duncan Johnson, 2732 East Londonderry Drive: I live in that community and we have profusely as a community gone against this infill. This neighborhood was derived 26 years ago, and I understand you want to do infill, but this will hurt our lake and light. Turning left out of Londonderry or Meandering Way is one of the worst left turns. I ask that this not be put in place. Wiley Hood, 1643 North Arthur's Court: We've been here several years, and we bought into this neighborhood for many reasons. We don't feel that this building project is going to match our neighborhood. Rezoning the property will hurt us in many ways. It's going to negatively impact the value of our homes. Crossover is a major artery north to south on the east side and it's very difficult to get in and out. Adding another group of traffic is going to make it even worse. It will bring things such as dumpsters and commercial properties to our neighborhood, which we don't want. The development doesn't match our neighborhood. We ask that you preserve our neighborhood and not allow this to go forward. Matthew Robinson, 2654 East Meandering Way: Where this entrance is proposed is directly across from Inwood. It's a couple hundred feet down from Meandering Way and Boardwalk. Turning left across Crossover from there is already a nightmare with traffic. With that commercial development they're wanting to do on the front side of that is increasing the traffic. I'm concerned about the drainage this will create into our pond. The pond the POA owns is part of Fayetteville's city drainage plan. Previous developments have put lots of sediment into the pond and we're having to take care of it. We are also concerned about the effect this development will have on our POA amenities. When people moved into these homes in our subdivision, they didn't intend to have a road in their backyard. The commercial space really concerns me. Cathleen Hood, 1643 North Arthur's Court: Everything that's been said, I second it. This is a residential neighborhood. The thought of having a commercial property in the middle of residential homes doesn't make any sense. There are children on our streets where this development is going in. It's a major safety issue for our neighborhood. There are so many wrecks right outside of our neighborhood. I have not been able to do the research, but I would love to know how many wrecks have happened there in the last three years. Our neighborhood pool and our green space is right behind where they're talking about developing the property. We are not estate homes. We are just a residential neighborhood. I ask the City Council to look out for us as a neighborhood. That historic home could be preserved by anyone who buys that property. It doesn't have to be this particular development or developer. Mike Paslay, 2692 East Meandering Way: My house is on the southwest corner of the private drive that gives access for our neighborhood to the pool, lake, and tennis courts. Mr. Lamb has worked diligently to try to hear the things we have said. Some of these things are probably not resolvable. My concern is for the well-being of the community that will live in what he is developing. There are carport covered parking spaces, two per unit. There are 26 parking spaces along the front of the cluster housing. I recognize the need for varied housing all across Fayetteville and a survey revealed that's what citizens want, but they don't want it in their neighborhood, and 1 don't want this in my neighborhood. Some of the designs we saw, stand in stark contrast and their aesthetic compared to what Mr. Lamb calls our estate homes. I really kind of resent that. This is a home that I've worked all of my life to move into. It's a relatively modest home compared to the neighborhood adjacent to me. I'm not convinced that the parking issue is good for the proposed 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 23 of 28 community. There's no indication of where that commercial property would have to have a dumpster. Either the cluster housing has to have individual bins as our neighborhood does or he would have to have a collective dumpster, similar to commercial. On the southwest corner of that property that would only be accessible to emergency vehicles. I recently watched a fire truck go to an emergency call at our clubhouse and when they had to back out, they could not turn around. I have doubts that a fire truck could make a sharp right turn from our private drive between my property and the person immediately to my east. It's private party and it's a private drive. I have trouble believing a fire truck could make that turn and answer a call to one of those residences. This is too densely settled. Kim Petrone: Thank you to the City Council and the city for having such great materials posted on the website. That has been a great use to me as I process this proposal. The City Plan 2040 repeatedly speaks of appropriate infill and acknowledges that not all infill is appropriate. There is extensive discussion of appropriate infill, including walkability, proximity to transportation and employment clusters, none of which exist with this proposal. We are indicated on the city's map as more likely not suitable for infill. Our pond has been filled with dirt from other developments. A huge percentage of the CUP proposal is impervious surface area. It's going to generate significant runoff across our POA property. Traffic is dangerous around here. We already have so many empty commercial spaces for lease and sale at the Mission and Crossover area, which is designated for commercial use. This plan disrupts the cohesive neighborhood and the character of the neighborhood. 101 people in the Boardwalk neighborhood signed a petition opposing this CUP. Dr. Carleton Holt, 2498 East Meandering Way: I have lived here over 20 years. The homes are predominantly brick with front and back yards where children play. The 10 proposed two story cluster housing units, with a very modern design are incompatible with our neighborhood. The location of this proposed project is of significance. Nowhere does the plan show a ground level view of the surrounding properties, nor the proximity to the property owners' backyards, nor to the neighborhood clubhouse, pool, tennis courts, pond and picnic area. This is a genuine concern. No part of this proposal acknowledges any compliance with a POA use guidelines for these areas. There's a very real traffic safety issue. Crossing traffic remains a very real challenge and this would only enhance the issue. How would fire trucks maneuver in and out of the area and has the Fire Department okayed this? The developer originally wanted to demolish the Smith house and as of the okay by the Planning Commission, he would still be allowed to demolish parts of the home. Nothing was mentioned about the small existing structure beside it. Has it been okayed demolition as well? This developer is not a resident of our community. We request you consider the residents of our neighborhood in our city and the 100 plus signatures on the petition against this proposal. Council Member Petty: Is the property under question, a part of any adjacent property or homeowner's association? Garner Stoll: I'm not aware that there's a relationship between this property and the adjacent POA. Richie Lamb: There is no POA involved in this property, at any point in its history. Council Member Petty: It seemed like from the way some of the comments were going that some people thought that this was supposed to be subject to those standards. Mr. Lamb, I heard you talk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevilie-ar.gov City Council Meeting Minutes October 20, 2020 Page 24 of 28 a little bit about home prices, and we heard a little bit of public comments that speculated about home values. In your estimation, would the sales price of the homes you build on a per square foot basis, do you think those would be higher or lower than the historic sale prices on a per square foot basis of the adjacent subdivisions? Richie Lamb: Undoubtedly, they would be higher. You still have the most expensive elements of a home being your kitchens, bathrooms and mechanical systems. You just don't have the quantity of square foot in other spaces like bedrooms and living areas. They will be priced higher, per square foot than any of the homes in the existing subdivisions. In standard appraisal practice, you would never use a home of this size that we're proposing, being less than 1,700 square feet as a comparable sale for a home that's 2,250 square feet or greater. That would never become a factor in the value of any of those homes. Council Member Petty: It seems like if an appraiser did use these homes and looked at the per square foot basis, they might even inflate the value of adjacent properties relative to what their true value is. Garner, please explain what the top reasons are that the Planning staff is recommending we uphold the CUP. Garner Stoll: From a policy standpoint, it brings a lot to the table in terms of the comprehensive plan, affordable housing, and mixed use. We also looked at the specific reason for appeal and we feel this application addresses all those reasons. The cluster housing is subject to all of our storm drainage requirements, which means total retentions of increase flow, as well as water quality. If it were developed under the single family district and assuming it wouldn't be a large subdivision, which it couldn't be, it wouldn't be subject to those standards. Council Member Petty: Did you just say that if this property were developed to its maximum extent under an RSF district, like it's currently zoned, that it would not be subject to those standards whatsoever? Garner Stoll: Under the existing zoning if they use the lot split method, they would not. It's four units per acre and 1.8. I don't think you would see a substantial subdivision. I would expect a couple of homes. Theoretically, it could come under it if they propose a subdivision. Water retention and water quality could come under it. With this CUP, it does come under it and it may very well not come under it without it. Council Member Gutierrez: Chief Hardin, could you help us understand about the fire truck situation and the use of private property driveways. Brad Hardin, Fire Chief. We reviewed this plan and due to it being greater than 150 foot, the fire code does require that they have a secondary access, which would be an emergency access. That private lane in Boardwalk meets the needed 20 feet. It's supposed to have a gate there that we can access in case of emergency. If that was not available, we also give the option of a cul-de-sac or some means for us to be able to turn our fire apparatus around. Mayor Jordan: Are you saying you are okay with this? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 25 of 28 Brad Hardin, Fire Chief. Yes, with the design that was presented to us, provided that gate is there with the secondary access. It meets the fire code. Garner Stoll: We're dealing with a conceptual plan. The next step would be a development approval process. It will be either a small improvement plan, but more likely a large scale improvement plan approved by the Planning Commission where storm drainage, fire access, and all the other issues would be tied down. Council Member Gutierrez: Is there any plan for a light and what kind of traffic measures? That would be decided or determined at a later date? What do we have for the short term plan for traffic? Garner Stoll: This parcel does have legal access. It's a 1.8-acre parcel. They're showing it as a divided entrance in the conceptual plan, but the parcel can't be landlocked. Council Member Gutierrez: Many people were asking about a left turn and how dangerous that is there. I have also tried to turn out onto Crossover at a very busy time and that is a valid point. What measures or evaluation does the plan go through to help ensure safety? Garner Stoll: The Large Scale Development process will look at ingress and egress. The conceptual plan shows a divided one way in with the median in the middle and one way out. Whether or not something can be done to facilitate a left turn, I don't know. It is identical to the other access points along this stretch of Crossover. Council Member Gutierrez: Thank you. I don't think that Crossover is as busy as MLK, but I have seen places where you can't make a left turn, especially during certain traffic times. I wonder if we're going to be looking at developments that we might consider that and definitely want people's safety in mind. Council Member Scroggin: I don't think we should vote on this tonight. I definitely want more readings. I would like to see the traffic wreck data around there. Council Member Marsh: I understand the concern about traffic. I've worked in this corridor and needed to turn left. It's bad because people are having to drive everywhere they need to go because we don't have enough services, jobs, active transportation connections or transit providers down there. The answer to the traffic issue along that corridor is to densify to the point that we can support viable public transit, as well as to diversify the employment and service offerings in that area. Crossover Road is part of the Mayor's box around the city. If commercial development is not appropriate on the Mayor's box around the city, I'm not sure where else it should go. That seems very appropriate. It is private property that does have development rights and it's in a highly desirable area, so it will be developed. My priority number one for that property is preserving that historic home. I had the opportunity to tour the home with the Historic & Heritage Resources Action Group. It is very significant and unique. We as a community must prioritize saving that and this is a great plan that will enable that. As far as the neighbors' assertion that it should be used as a clubhouse, that has to be supported with POA dues, which further increases the cost of housing. We already have a housing crisis in this community and a critical shortage of smaller homes. I'm not sure where the assertion is that these are not family homes. I see that all of them 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 20, 2020 Page 26 of 28 have three bedrooms. Families come in all different sizes, different income levels and with different needs. This is doing a lot to help us with that diversity of housing types. It seems like the site plan has been designed with a lot of those considerations in mind. I'd rather see something that was more compatible with what is existing, but we don't regulate design in this community. We regulate use, density and environmental impacts. I just ran some comps as a realtor. The average home price per square foot within a quarter mile radius of that site is $141 a square foot. At the size of the homes they're proposing that we mirror, that puts those at over $360,000 which is far out of reach of the average wage earner in the City of Fayetteville. If you're looking at homes that are in the $200,000 range, we've only got 13 of those on the market and they averaged sitting near 33 days, which a balanced market is about 90 days on the market. The data shows that we have a shortage of the smaller, less expensive properties and a critical need for them. This plan does a really good job addressing that. I agree with the concerns about light pollution. We have dark sky standards and we've got this written into the CUP process so that will be addressed. I want to support continuing the Planning Commission's finding and allowing this development to move ahead. Council Member Bunch: I'm one of the people that brought this forward for a revisit. I did this, as well as my fellow Council Members Kinion and Turk at the request of several people in the neighborhood back behind this. As a Council, we're always trying to do what we think is the right thing to do, but we also have to listen to our community as much as we possibly can. The National Association of Realtors has their statistics say that houses are getting smaller. There's a lot of reasons for that, which are the cost of development and the cost of buying a home is so high that a lot of houses are smaller. A lot of people want to start out with a little bit smaller house. At our peak in the early 2000's, when Boardwalk was built, a lot of houses were larger. Those are wonderful houses over there, but to say this might not be compatible because it's a little bit different. I would love if it had a similar look to the other properties in that area, but there is also a higher density of condos at the entrance of Park Place subdivision. It's called St. James Court and it is very dense there. So, it's not uncommon to see. When you start out in an area, you have smaller houses up closer to the main highway and as you get back into one subdivision and another subdivision that are further away from the highway, sometimes the houses get bigger. That is not uncommon at all. The thing that concerns me about this is the traffic and that is one thing we absolutely can look at when we're looking at a rezoning or something of this nature. I do not think this is a safe area to pile more higher density in. There are a lot of wrecks on Crossover. Maybe not quite as much traffic as MLK, but not as much as Wedington, but some of the same problems. It is a state highway. We can't just slap a turn signal or a stoplight down somewhere. Between 265, Mission Boulevard and Crossover and Huntsville Road, there's only two stoplights there. It is a fast moving area and it's designed to move traffic along fast. It's unsafe as it is, very congested through there and traffic is a big concern. As far as the walkability of this neighborhood, there are amenities close by, but no one really wants to walk along Crossover Road. There are not very good crosswalks when you get to the intersection of Mission and Crossover. I'm a little bit concerned about the screening that we talked about. Is there going to be sufficient screening between the back of this property and the houses that are next to it? The property does belong to someone else. I'm a real proponent of your right to develop your property. I have the statement that if you wanted to protect that property and keep anyone from building on it, you should have bought it yourself. My main concern is the traffic. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 20, 2020 Page 27 of 28 Council Member Turk: I don't think we should vote on this tonight. I'd like a little bit more information. I would like to see if there's any kind of traffic study that was done and if there wasn't, could we get a list of accidents in the last five years in that area? I'd like to see if there were any pedestrian accidents because that is not a walker friendly area. It's got great potential, but it is not there right now. You would be taking your life in hand to walk across 265. This is a conceptual plan we've seen tonight and it's not the final plan, but I'd like to find out the amount of imperviable surface planned in that area. It would be helpful to know about that and also being able to scale it with the gradient. I didn't get a chance to go over there and drive around this week, but I will do that. I don't know if we would like to have a tour or not and that might be something we want to consider. It would help us get a better idea about the change in elevation and a better feel about the area. I am extremely concerned about the traffic. That area is so congested all the time. Council Member Marsh: Are we really going to let poor roadway design be a barrier to building more diversity of housing, which our community desperately needs. The issue isn't that this housing development or mixed use development is inappropriate, it's that we have done a terrible job with that transportation corridor and it needs to be solved. People need housing they can afford. There's a critical shortage. How do we improve this transportation corridor to enable the type of housing our community needs? Council Member Bunch: That is a very good question, but one of the things we do consider with any development is the traffic potential and the danger of the traffic. We've had a request from Council Member Scroggin that we potentially table this. I would like to table this to adequately give it the time and attention it's due. I know it's already been through Planning, but maybe we could have a site "visit if you guys would be in favor of that. Whenever we bring something forward like this, I -always reserve the right to change my mind. Is anyone else interested in that? Council Member Turk: Yes, I would like to see it. Mayor Jordan: This is lot of information in that item. I'd like to do a little research on it myself. Council Member Bunch moved to table the resolution to the November 5, 2020 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the November 5, 2020 City Council Meeting. Announcements: Susan Norton, Chief of Staff stated for the fifth year in a row, Fayetteville received in the top 10 best places to live in the United States by U.S. News and World Report. She stated the rankings were of 150 cities based on job market, housing affordability, quality of life, desirability, and net migration. She stated the City Board of Health has discussed a number of different protocols and safety guidelines as we look toward the Halloween season. She stated on the city's website are alternative and safe ways for trick or treating and safe mask wearing. She stated the Celebration of Trees giveaway will be October 24, 2020 at 7:00 am at the Spring Street parking deck. She 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 20, 2020 Page 28 of 28 stated the business license renewal window will close on October 31, 2020. She spoke about the last bulky waste clean-up for the year. All information can be viewed on the City of Fayetteville website. City Attorney Kit Williams: It was my honor and privilege today to vote early. The polling place was very calm and very full. It took about 30 minutes for me to get through. Everybody was wearing a face mask. It was all handled very professionally and courteously. I encourage anybody that wants to vote early, go ahead and do it. The hallmark of our country is voting. Mayor Jordan: I did an interview on that very thing today. City Council Agenda Session Presentations: None `��rrtrrrrrr,, T,gF�ii,. .`��,G • GAT Y � rr - FAYFrrEVILLE ; FAu4r �•,,ys; • �kANSF, • �� i�GT ON1C0%�`��` 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov