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HomeMy WebLinkAbout2021-06-15 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward I Position 2 Council Member Mark Kinion Ward 2 Position I 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 June 15, 2021 City Council Meeting Minutes June 15, 2021 Page 1 of 13 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 Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 15, 2021 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 Member Mark Kinion joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Members Sonia Gutierrez, D'Andre Jones, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, staff members from the IT Department, and members of the press were present in City Council Chambers while demonstrating recommended social distancing. Absent: Council Member Matthew Petty. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes June 15, 2021 Page 2 of 13 City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. Council Member Gutierrez moved to approve the Nominating Committee Report as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg and Gutierrez voting yes. Council Member Petty was absent. Agenda Additions: Corona Virus State Fiscal Recovery Fund Agreement: A resolution to authorize Chief Finance Officer Paul Becker to sign a Corona Virus State Fiscal Recovery Fund Agreement which will allow the City of Fayetteville to request federal funds pursuant to Recovery Fund Legislation. Mayor Jordan explained why this item was being walked on at the City Council meeting and its importance to the city in order to request federal funds. City Attorney Kit Williams agreed with Mayor Jordan and went on to explain the time sensitivity and importance of this item. Council Member Scroggin moved to add the resolution to the agenda. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. City Attorney Kit Williams read the resolution. Paul Becker, Chief Financial Officer: I requested the Mayor allow me to come forward and ask you to walk this agenda item on. Although the American Rescue Act Plan was highly publicized, very few specifics were given immediately. It talked about direct funding to municipalities over 50,000 people in population. However, it was never quite postured how this was done originally. We thought the money would be sent directly to the cities. However, as it went on, it asked for an authorized individual to go online and become identified. We had personal identification of myself. The Mayor directed me to do that. When I went to apply for the funds, it asked me to sign an agreement for all the terms and agreements of the grant. I did attach these terms and agreement to the resolution. They are normal federal requirements, but this is postured as a grant. I didn't realize that at the time, so I am kind of in limbo now. I am not authorized unless the City Council authorizes me to commit the city to meet the terms and conditions of the grant. Once I do that, we should receive the funding. It should be in the area of $18 million dollars. The number keeps fluctuating, but I do not know why. We get it in two increments. Once we receive this money, this resolution has nothing to do with the appropriation or expenditure of that money. We are still 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 15, 2021 Page 3 of 13 evaluating programs and things that will come forward and make a recommendation. I have talked to a couple of the Council Members about some of the issues thus far. We will take this money and put it in escrow. We will come forward with a plan at a later point in time, which you can comment, change or approve. That will give us the authority to expend the money. This is strictly to ask for the money and put it in escrow. Many of my peers in the area have already requested and received those funds. Council Member Gutierrez spoke about the agenda and locating the resolution. City Attorney Kit Williams stated it is on the city website in the agenda. Mayor Jordan: This is why Kit read the resolution to make sure everybody is aware. This is not spending the money. It's just getting the funding and then we will decide how we are going to spend it. Different committees are working on ideas. City Attorney Kit Williams reread a section of the resolution for clarity. Council Member Gutierrez moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. Resolution 171-21 as recorded in the office of the City Clerk Consent: Approval of the June 1, 2021 City Council meeting minutes. APPROVED Purchase of Petroleum -Based Oils and Lubricants: A resolution to approve the purchase of Petroleum -Based Oils and Lubricants on an as -needed basis from various vendors and in various quantities through the end of 2025. Resolution 172-21 as recorded in the office of the City Clerk U.S. Geological Survey: A resolution to approve a Joint Funding Agreement with the U.S. Geological Survey for Stream Gauge Operation and Maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2021 with the amount paid by the city not to exceed $61,721.00. Resolution 173-21 as recorded in the office of the City Clerk Northwest Arkansas Regional Planning Commission: A resolution to express the willingness of the City of Fayetteville to apply for Federal Aid Funds through the Northwest Arkansas 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes June 15, 2021 Page 4 of 13 Regional Planning Commission in the amount of $6,000,000.00 for two road improvement projects, and to approve a city match of $1,500,000.00 for the projects. Resolution 174-21 as recorded in the office of the City Clerk Flintco, LLC Change Order No. 4: A resolution to approve Change Order No. 4 to the Construction Manager at risk contract with Flintco, LLC for the Police Headquarters Project in the amount of $8,654,440.00, and to approve a budget adjustment - 2019 Police Headquarters Bond Project. Resolution 175-21 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 $14,891.00 recognizing donation revenue from citizens and local businesses to the Parks and Recreation Department. Resolution 176-21 as recorded in the office of the City Clerk Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. Unfinished Business: Amend Stormwater Regulations: An ordinance to amend various chapters of the Unified Development Code to update stormwater regulations for developments in Fayetteville. This ordinance was left on the Second Reading at the June 1, 2021 City Council Meeting. 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 Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: At the last meeting, I presented two potential amendments to help clarify this, especially Exhibit H, which is Chapter 170 Stormwater Management and Drainage. If you want to accept these potential amendments, you would have to make a motion to change Exhibit H to reflect the amendments that I had presented to you at the last meeting. Mayor Jordan: We would need to change Exhibit H to reflect the amendments? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 15, 2021 Page 5 of 13 City Attorney Kit Williams: Eventually, I hope they would consider making those amendments. They can wait for public comment if they would rather do that first. I don't know if Mr. Pugh wants to make any comments. Mayor Jordan: Our Rules of Order and Procedure say we don't take public comment on amendments. City Attorney Kit Williams: Yes, that is correct, unless the City Council calls for it. Council Member Turk: I would like to open it up for public comment on the amendment. Mayor Jordan spoke about the Rules of Order and Procedure. City Attorney Kit Williams clarified the Rules of Order and Procedure regarding unanimous consent. City Attorney Kit Williams: There are two basic amendments. The first one was to amend Section 170.02 Adoption of the Drainage Criteria Manual. We have had this particular section in code for about 25 years. What it has always said is the City Engineer can make amendments to this. It can't be contrary to the actual code itself. It should be in the spirit of what you are doing. Sometimes there are minor tweaks that need to be done. The Drainage Criteria Manual is fairly long and that is why it's not in the code. It is 80 or 90 pages and has diagrams. It is better to not have it in the code. There were two reasons I recommended this particular amendment. First, if you all adopt Exhibit H as recommended, it doesn't agree with the current Drainage Criteria Manual. I do not like to see it be in conflict. Secondly, is to have the City Engineer to report to the City Council of any amendments they are going to make. That way you all will know if they are amending it and why. It is an informational item so you will know what is going on all the time with this manual. Susan Norton, Chief of Staff Alan Pugh has some clarifying statements he wants to make about the amendments. Alan Pugh, Engineer stated we spoke about the Legacy Drainage Plans. He stated the image on the screen was shown to the Council as the Legacy Drainage Plans. He stated that is not revised, with the exception that we became aware of an additional one. He stated behind Lowe's, there's an existing commercial business park called, Timberlake Office Park. He stated we don't feel it would be impacted by the proposed amendment, as drafted by the City Attorney's Office because it does have language requiring there be repetitive law structures and continual flooding. He stated although there are some issues with the City of Johnson that may require us to ask to relook at that as this develops out. He stated we don't anticipate any major changes but wanted to make sure the Council was aware of that slight revision before moving forward with any amendments. City Attorney Kit Williams: That was the second part. That wasn't the Drainage Criteria Manual amendment. That related to the second proposal I had. The City Council received one public comment regarding this ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 15, 2021 Page 6 of 13 Ally Brown, Citizen at 3658 Mountain View Drive spoke about her father's property regarding stormwater drainage. She stated when it rains it triggers her father to go check if there is water at the end of his road or if it's coming up to his back door at an uncomfortable level. She stated in 2017 a flood delivered nine inches to his home and two inches above that qualifying a 100 flood mark for the seven inches, which did destroy his home. She spoke about the insurance check not covering the whole home to restore. She stated for the city to appropriately tout its efforts on climate change, it must pass the stormwater utility fee ordinance. She stated that's at the heart of management of the water, as well to bring in money for projects like streambank restoration and predictable drainage cleaning schedules. She stated we need to be in the nooks of older neighborhoods building up streambanks with trees. She spoke about holding the developers accountable with the best practices. City Attorney Kit Williams: The speaker has been in contact with Council Member Turk, myself, and the Mayor. That is one of the main reasons I drafted the second amendment. It will allow the City Engineers and our Stormwater Engineer to look at issues where we have had problems in the past downstream of lots that will be potentially developed, which are part of another plat. Normally, if you have already had a plat approved and have a stormwater management plan for that plat already approved, then that's all the developer has to do. In order to look at these three different areas that have been described, including this new one that Alan just told us about, we had to have language in here that would authorize our Stormwater Engineer to look at the problem and then be able to require when this new parcel is being developed, that they do comply with the current best practices with our current ordinance that you all are passing. Also, that they will consider some cost shares. Developers are not required to stop all the water from going away from their property. If we are trying to affect drainage problems downstream, then it is probably much more cost effective for the city to work with the developer in a cost share situation to have increased detention or other things that can help reduce some of the flow. When we do that, part of that is going to be the city's cost. We are doing it, not just for this developer, but we are doing that for the people downstream, which are our taxpayers. This amendment is designed to do just that. Mayor Jordan: Alan, do you want to weigh in on that? Alan Pugh: Our City Attorney covered that fairly well. Council Member Turk: Alan, my only concern with Kit's amendment, is do you have the authority backing you to require the developer in these legacy drainage situations to make these changes? I want to make sure you have enough authority given and wouldn't be pressured to minimize some of these requirements to protect properties downstream. Alan Pugh: I appreciate that concern. The way the amendment is drafted, such that it's tied directly to known downstream flooding in several of these areas downstream of our existing legacy plans, do have known flooding. It is not very subjective. If we do have that downstream flooding, they are required to take another look at that by our latest Drainage Criteria Manual. It would include water quality, channel protection as applicable, and potentially we would look at those detention requirements. Although those did not change drastically, I feel like it would cover the situations 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayeffeville-ar.gov City Council Meeting Minutes June 15, 2021 Page 7 of 13 that are most at hand. In consultation with our City Attorney, he felt that tying it to that was the most defensible from a city standpoint. City Attorney Kit Williams: A lot that can be accomplished if this is passed will rely upon the Council for agreeing to whatever cost shares the Stormwater Engineer and developer could come up with. We need to pay our fair share. The best way to spend our money is upstream of these problems. Ally Brown stated she appreciated the responsiveness from local government and everybody's willingness to listen. She reiterated her earlier thoughts and concerns. Council Member Turk moved to amend the ordinance as drafted by the City Attorney and accept the two amendments. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. Alan Pugh gave a brief description of the ordinance. Council Member Turk: Thank you to staff for going back and drafting this and trying to get it right. Thank you for balancing and fill in some of these exceptions that have happened. Ordinance 6446 as Recorded in the office of the City Clerk New Business: Enact §94.06 Third Party Inspection and Reports System Fire Protection and Prevention Ordinance: An ordinance to enact §94.06 Third Party Inspection and Reports System Fire Protection and Prevention Ordinance Concerning Third -Party Protection and Control, Inspection, Testing, and Maintenance Reporting of The Fayetteville Code. City Attorney Kit Williams read the ordinance. Brad Hardin, Fire Chief gave a brief description of the ordinance. He spoke about the inspections being in a digital format. He stated we are hoping with this new format that we will get more thorough and frequent reports. Council Member Turk: There is a $15 charge not to exceed. Do you all currently have a similar charge or is this an increase or a change? Brad Hardin, Fire Chief. This fee won't go to us. This is a fee that's assessed to the businesses from the third party inspector. We are saying that it will not be more than $15 for this fee. It is currently charged. I can't say all of the inspectors charge it, but the ones that inspect our fire stations charge a $15 fee. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 15, 2021 Page 8 of 13 Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting 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 Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. Ordinance 6447 as Recorded in the office of the City Clerk RZN-2021-041 (431 E. MLK Blvd./Espinoza): An ordinance to rezone that property described in Rezoning Petition RZN 21-041 located at 431 East Martin Luther King Junior Boulevard for approximately 0.20 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the proposal to align with existing land uses and adopted plans. He stated at a high level, rezoning the property leverages a lot of the existing amenities and services in the area, including the nearby Fire Departments downtown and on Happy Hollow. He stated it's in close proximity to Walker Park. He stated the property is not located in a floodplain, nor does it have any hydric soils present. He stated staff believes it would be an appropriate place to support some additional variety and housing types. He stated staff received public comment during the Planning Commission process. He stated the neighbor immediately to the West had concerns about parking and may compromise what they felt is a purely single family area. He stated the RI-U zoning district is a tool we often see being used for single family dwellings. He stated staff recommends in favor. He stated the Planning Commission recommend in favor unanimously. Council Member Turk stated since there was a member of the public concerned about the parking, if it's zoned RI-U, is that any different than Neighborhood Conservation? Jonathan Curth: It is not. Our parking code is based on the type of housing being proposed, not the zoning district. If single family dwellings are built, that's required to provide two onsite parking spaces per dwelling. If they did want to do attached housing, that's when it starts to be required by 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 15, 2021 Page 9 of 13 the bedroom. If they did a triplex or a quadplex, if they were one bedroom per unit, it could just be one space they have to provide, whereas if it gets higher, like some of the ones you see closer to campus where they're four bedroom, you have to provide four parking spaces. Council Member Gutierrez: On the tree preservation, the current one requires a 20% minimum canopy and the new one is 15%? Jonathan Curth: That is correct. Several of our single family districts have a 20% or 25% minimum canopy, whereas more of our urban districts tend to get down to 15% or 10% minimum requirement. If it was developed under the exemption we previously discussed for single and two family dwellings, which until the stormwater ordinances enacted, it wouldn't be subject to any tree preservation at all. Staff has started trying to incorporate more of those environmental considerations into our up -front reports for you all. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting 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 Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. Ordinance 6448 as Recorded in the office of the City Clerk RZN-2021-042 (1000 W. Bulldog Blvd./FHS Properties): An ordinance to rezone that property described in Rezoning Petition RZN 21-042 for approximately 22.80 acres located at 1000 West Bulldog Boulevard from RMF-24, Residential Multi Family, 24 units per acre; RMF-40, Residential Multi Family, 40 units per acre; and P-1, Institutional to P-1, Institutional. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the school district plans on making significant capital improvements and using the property into the future for the high school. He stated staff recommends approving the request. He stated the Planning Commission agreed unanimously. He stated they also agreed that the likelihood 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 15, 2021 Page 10 of 13 housing would ever be developed on any of the portions of the property zoned multifamily was very unlikely. Zach Hixson, Applicant stated he was available for questions. Council Member Gutierrez: The rezoning is increasing the tree preservation to 5%. It's going from 20% to 25%. Jonathan Curth: That is an interesting nuance when I started here at the city. The community I came from didn't have a tree preservation ordinance. My understanding was you have to plant 25% of your property worth of trees, which is a misconception. I feel like that leads to a lot of friction with our state legislature in particular. If a property does not have 25% canopy, we don't make people plant up to 25% canopy. Similarly, 25% is the aspiration and our foresters work very hard with developers to keep it if it's already there, but built into our ordinance is the flexibility where, if you do have to cut some of that down, you may have to plant on site. If you're already below the 25%, anything that's removed at that point does have to be mitigated. The preference always being that it's preserved on site. The next tier in the hierarchy is, you'd have to mitigate on site and then going down from there, possibly mitigating on other properties, which the school district has many that could potentially plant trees on. 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 Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting 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 Jones, Kinion, Scroggin, Bunch, Turk, Hertzberg, and Gutierrez voting yes. Council Member Petty was absent. Ordinance 6449 as Recorded in the office of the City Clerk Appeal RZN 2020-028 (East of W. Michael Cole Dr & W. Wedington Dr./Kidder): An ordinance to rezone that property described in Rezoning Petition RZN 21-028 for approximately 5.1 acres located on West Wedington Drive East of Michael Cole Drive from R-A, Residential Agricultural to RI-U, Residential Intermediate -Urban and NS-1, Neighborhood Services -Limited. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 15, 2021 Page 11 of 13 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He gave a brief history of the project. He stated a previous request was submitted to staff in late 2020 to rezone the property, which is currently RA to RMF-18. He stated staff recommended denial of that request and in January of 2021 the Planning Commission agreed and denied it. He stated this request was appealed to City Council. He stated a request was brought forward to rezone the property from R-A to NS-L and the remainder of the property to RI-U. He stated staff's recommendation changed to approval and supports the request. He stated Council felt they needed the input of the Planning Commission and sent it to them for consideration. He stated the Planning Commission made a motion to forward it and it failed by four to five. He stated this was appealed to Council. He stated although it may seem like an appeal of the same request, it's just the same property and a different request. He stated we received a significant amount of public comments in the form of a petition with the very first request, but with the current request, we've not seen that petition resubmitted again. He stated staff is in favor of the request and the Planning Commission failed to vote in favor of a motion to forward the item. Robert Rhoads, Hall Estill Law Firm: I spoke to Council Members today from Ward 4. Based on those conversations and questions that Council Member Scroggin brought up at the Agenda Session, I believe this is going to be left on the First Reading tonight. This is a classic case that I think this Council and prior Councils have always kind of liked when somebody would come before Council or the Planning Commission and it got public push back. After that public push back, there's a sort of give and take. In this case, the petitioners listened to what staff and Planning Commission had to say and they revamped it dramatically with a whole lot less density. Mayor Jordan requested to know what the Ward 4 Council Members have heard. Council Member Turk: I haven't heard much. We are going to have a Ward 4 meeting coming up in a week and a half. That would be great opportunity to put it on the agenda and make sure they're aware of this. Council Member Hertzberg: I haven't heard, but I'm looking forward to our Ward 4 meeting. Mayor Jordan stated they would hold it on this reading. Council Member Scroggin: How different is this from RMF-18? Could you build RMF-18 or something close to that with the new zoning? Jonathan Curth: I would say no, generally. The biggest distinction between the RMF-18 zoning district and either of the proposed zoning districts, is the size of the buildings. Under RMF-18, you can build up to a five story multifamily building, which is unlikely at this part of town. The RI-U zoning district breaks down building sizes a bit more. You can only build up to two stories near the street. If you want to go to a third story, the building needs to be set back a little bit further. Similarly, you can't build multifamily, so the maximum number of units you can attach by right is four. If you wanted to pursue multifamily, it would have to come through as a conditional use. So, in those terms, I would certainly say not. Hypothetically, the Residential Intermediate Urban 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 15, 2021 Page 12 of 13 zoning district has no density, like many of our hybrid or form based districts. The constraints on the density becomes our development code, as far as tree preservation, drainage standards and other pieces of the zoning code, like building height. I would assert that it could not be the same. Theoretically, you could potentially get the same number of units, but the massing of the building would be much more relatable to what's in the area. Council Member Scroggin: That's good to hear. It's kind of known in the development community that if you want to build houses, you trick City Council with form based design and then go, "Oh that's great, we're going to get mixed use" and then you don't. I'm not entirely sure how I'm going to vote on this because we had a massive petition against housing there and that density. It didn't pass at the Planning Commission, voted based on the potential for mixed use, but it's only potential, unless the developer doesn't want it and then there's none. This is pretty far outside the Mayor's box. Wedington is already a death trap. There's a lot of concerns about residential density. I would love to see some services. Council Member Gutierrez: Council Member Scroggin, at Agenda Session did you mention you were interested in connecting about notifications for appeals? Is there any forward movement? Council Member Scroggin: Yes, I was asked about this from staff. I don't think this particular item needs any more requirements than we already had. I don't like changing the rules in the middle of the game. I do think moving forward, we should do that. I'm under the impression that is moving forward for future appeals that there will be new notification. Hopefully that will be brought to us to vote. I don't think it would be fair to this applicant to change the rule here. Council Member Gutierrez: I was definitely talking about the future. Council Member Turk: We have a Ward 4 meeting on June 28, 2021. I will make sure it's on the agenda. This ordinance was left on the First Reading. Announcements: Susan Norton, Chief of Staff: You all recall you passed the resolution of intent to have the Office of Economic Vitality work on a revision to the Development Plan, which also includes an aspect for economic recovery. There is a platform on our Speak Up site to invite individuals to sign up if you'd like to participate in any of the focus groups that are ongoing. The plan is underway and has been very active. There's a questionnaire for people to be able to articulate their priorities for our economic recovery and economic vitality moving forward. It's online right now, and people are welcome to please join. The League of American Bicyclists has honored 30 businesses in Fayetteville for the Bicycle Friendly Business award. The City of Fayetteville has now received a silver designation, up from last year's bronze designation. We're continuing to excel in our bike friendly businesses. On June 16, 2021 on the Fayetteville Square from 9:00 am to 3:00 pm, the Community Blood Center of the Ozarks will have the blood mobile and a blood drive. The Gulley Park Concert series kicks off on June 24, 2021 with Jukeboxx. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes June 15, 2021 Page 13 of 13 Mayor Jordan: The Fayetteville Police Department is having a Pop Up Party at Asbell Park from Noon until 2:00 pm on June 16, 2021. Council Member Gutierrez: Slow Streets is happening on June 20, 2021 from 11:00 am to 2:00 pm at the corner of Betty Jo Drive and Jewell. City Council Agenda Session Presentations: Agenda Session Presentation - Audit Committee Presentation of the 2020 Financial Audit. Agenda Session Presentation - Fleet Operations. Agenda Session Presentation - 2020 Energy Action Plan Update. ournment: 7:02 PM GOER K n ld Jo •da , Mayor Kara Paxton, City erk Trea urer AYE '•9sy9' ANSNS, ; ow; 0�,,,```�� 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov