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HomeMy WebLinkAbout2022-01-04 - Minutes -Council Member Sonia Harvey Ward I Position 1 Council Member D'Andre Jones Ward I Position 2 Council Member Mark Kinion Ward 2 Position 1 Vacant Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting January 4, 2022 City Council Meeting Minutes January 4, 2022 Page 1 of 18 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah 13-anch 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 January 4, 2022 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 Harvey, D'Andre Jones, Mark Kinion, Sloan Scroggin, Sarah Bunch and Teresa Turk joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Member 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 and staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Election of Vice Mayor Mayor Jordan opened the floor for nominations. Council Member Kinion: i nominate Sarah Bunch to be reappointed as Vice Mayor. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 2 of 18 There were no other nominations. Mayor Jordan closed the floor for nominations. City Attorney Kit Williams: The rules say you vote by saying the name of the person who you want to support as Vice Mayor. Council Member Kinion made a motion to nominate Council Member Bunch as Vice Mayor. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting for Council Member Bunch. Council Member Bunch was elected as Vice Mayor. Report of Firemen's and Policemen's Pension and Relief Fund Mayor Jordan presented the report on the Firemen's Pension and Policemen's Pension to the City Council. Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated revenues were very strong. He stated the revenue for sales tax was up 15.3% compared to the prior year. He stated the sales tax funds from the county was up 19.3% for the period. He stated altogether, year to date, the city is up 15.8% compared to last year. He stated we are up over 20% compared to the budget. He spoke briefly about all the funds. He stated it has been a very strong year for the city. He stated looking at the future, he thinks we're going to see sales tax level off a bit. He stated he is very confident in the estimates we have made for 2022. Agenda Additions: None Consent: Approval of the December 14, 2021 Special City Council Meeting and the December 21, 2021 City Council Meeting Minutes. APPROVED Ozark Tennis Academy, LLC (OTA): A resolution to authorize an agreement between the City of Fayetteville, Arkansas and Ozark Tennis Academy, LLC to provide tennis programs for Fayetteville residents in 2022, with automatic renewals for up to four additional one year terms at a total estimated cost of $61,000.00. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 3 of 18 Resolution 01-22 as recorded in the office of the City Clerk Bid #20-58 King Electrical Contractors, Inc. - 2019 Street Improvement Bond and Park Improvement Bond Project: A resolution to approve a proposal from King Electrical Contractors, Inc. in the total amount of $218,125.00, pursuant to Bid #20-58, for electrical services associated with the Square Lighting and Electrical Improvements Project and the Downtown Walkability Project, to approve a project contingency in the amount of $20,000.00, and to approve a budget adjustment - 2019 Street Improvement Bond and Park Improvement Bond Project. Resolution 02-22 as recorded in the office of the City Clerk Seven Hills Homeless Center: A resolution to approve a contract with Seven Hills Homeless Center to provide funding assistance in the amount of $40,000.00 for maintenance and repairs at the Walker Family Residential Community Complex in 2022. Resolution 03-22 as recorded in the office of the City Clerk Burns and McDonnell Engineering Company, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc. in the amount of $42,764.00 for design services associated with a project to address scour at the South Armstrong Avenue bridge over Town Branch. Resolution 04-22 as recorded in the office of the City Clerk Crossland Heavy Contractors, Inc. Change Order No. 2 — 2019 Street Improvement Bond Project: A resolution to approve Change Order No. 2 with Crossland Heavy Contractors, Inc. in the amount of $502,949.80 for the Sain Street Extension Project, and to approve a budget adjustment - 2019 Street improvement Bond Project. Resolution 05-22 as recorded in the office of the City Clerk Black Hills Energy Arkansas, Inc. Midtown Corridor Project Utility Work - 2019 Street Improvement Bond Project: A resolution to approve a utility work agreement with black hills energy Arkansas, Inc. in the amount of $93,765.40 for utility relocations associated with the midtown corridor project along porter road and Deane Street, and to approve a budget adjustment- 2019 Street Improvement Bond Project. Resolution 06-22 as recorded in the office of the City Clerk Black Hills Energy Arkansas, Inc. Midtown Corridor Project Easement: A resolution to authorize Mayor Jordan to convey a 25 foot wide general utility easement for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters and Fire Station Site. Resolution 07-22 as recorded in the office of the City Clerk 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes January 4, 2022 Page 4 of 18 2022 Osher Lifelong Learning Institute: A resolution to approve a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct classes in 2022 in the amount of $25.00 for each day the space is used. Resolution 08-22 as recorded in the office of the City Clerk Arkansas Department of Aeronautics (ADA) Grant: A resolution to authorize an application for and acceptance of an Arkansas Department of Aeronautics grant in the amount of $144,685.00 for reimbursement of the city's matching portion of a 90/10 Federal Aviation Administration Grant used for energy efficiency improvements at the Airport Terminal, and to approve a budget adjustment contingent upon receipt of the grant funds. Resolution 09-22 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc. Amendment No. 5: A resolution to approve Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $110,710.00 for construction observation and project management services associated with the Benson Mountain Pressure Plane Improvements Project. Resolution 10-22 as recorded in the office of the City Clerk Bid #21-80 Caldwell Tanks, Inc.: A resolution to award Bid #21-80 and authorize a contract with Caldwell Tanks, Inc. in the amount of $1,155,000.00 for the construction of the Benson Mountain Elevated Water Storage Tank Improvements Project, associated site improvements and demolition of the existing tank, to approve a project contingency in the amount of $231,000.00, and to approve a budget adjustment. Resolution 11-22 as recorded in the office of the City Clerk Riggs Cat Mini -Excavator: A resolution to authorize the purchase of a Caterpillar Mini - Excavator from Riggs Tractor Company for the amount of $72,260.34 plus any applicable tax and freight charges, pursuant to a Sourcewell Cooperative Purchasing contract. Resolution 12-22 as recorded in the office of the City Clerk P&K Equipment John Deere 5075 Tractor: A resolution to authorize the purchase of a John Deere 5075 Tractor from P&K Equipment in the amount of $40,963.22, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing contract Resolution 13-22 as recorded in the office of the City Clerk Williams Tractor Inc.: A resolution to approve the purchase of four Hustler Super Z Mowers from Williams Tractor, Inc. in the total amount of $38,902.00, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing contract. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 5 of 18 Resolution 14-22 as recorded in the office of the City Clerk Riggs Cat 420 Backhoe: A resolution to authorize the purchase of a Caterpillar 420 backhoe from Riggs Tractor Company in the amount of $1 12,193.77 plus any applicable taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing contract. Resolution 15-22 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. Unfinished Business: RZN-2021-076 (5295 W. Wedington Rd./NWA Custom Homes, Inc.): An ordinance to rezone that property described in rezoning petition RZN 21-076 located at 5295 West Wedington Drive for approximately 2.43 acres from R-A, Residential Agricultural to NS-G, Neighborhood Services - General and RI-U, Residential Intermediate -Urban. At the December 21, 2021 City Council meeting this ordinance was left on the first reading. 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 Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I should call the attention of the City Council to the memo I sent out on December 29th responding to the request to amend this and amend the two Exhibits. It would include an area along the creek to make it Residential Agricultural. We need a motion to amend to the ordinance I sent out with that memo, if that's what the City Council wants to do. Council Member Scroggin moved to amend to reflect what City Attorney Kit Williams memo stated. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. Jonathan Curth, Development Services Director gave a brief description of the ordinance. Robert Rhoads, Hall Estill stated in the spirit of cooperation, you all have amended the item. He spoke about the developer trying to cooperate with the city and Council. Council Member Scroggin: If I remember correctly, the East side is zoned very similar to this. Is that correct? Jonathan Curth: That is correct. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 6 of 18 Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. City Attorney Kit Williams read the ordinance. Council Member Scroggin: I'd like to thank the applicant for making the changes. I absolutely think we need to increase density for both residents and businesses. Council Member Turk: I'd like to thank the applicant for making those changes. I know it delayed the approval by a couple of weeks, but it was really important. I appreciate their efforts in that part. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. Ordinance 6516 as Recorded in the office of the City Clerk Appeal RZN-2021-077 (South & East of Dot Tipton Rd. & Double Springs Rd./Small Fish, LLC.): An ordinance to rezone that property described in rezoning petition RZN 21-077 located south and east of Dot Tipton Road and Double Springs Road for approximately 39.88 acres from R-A, Residential Agricultural to RSF-2, Residential Single Family, 2 units per acre. At the December 21, 2021 City Council meeting this ordinance was left on the second reading. Council Member Hertzberg 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 Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He spoke about the condition of Dot Tipton Road. He stated staff recommends denial of the request. He stated the Planning Commission did not forward the item to Council by a vote of 2 to 4. He stated public comment had been received and most of it had been inquiries. He stated once the applicant shared a conceptual site plan of how they would like to lay out the property, many of those who had commented expressed support for the proposal. Justin Colors, Applicant Representing Small Fish. He spoke about addressing concerns of the neighbors. He stated after the neighbors saw the conceptual design they put forward; it was substantially less dense from anything that was proposed out there before and received some positive feedback from the neighbors. He stated he is very aware that Dot Tipton needs improvement. He stated it was accepted in an annexation previously from the county and is not up to city standards. He spoke about there being substantial traffic increase on that road, whether this project gets approved or not. He stated if this gets rezoned, perhaps it would present a condition where he could work with the city and help with some of the cost to do some needed improvements in that section. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 7 of 18 Council Member Turk: Thank you to the applicant for going to the neighbors and explaining a little bit more about the design. Was the conceptual plan presented to the Planning Commission? Justin Colors: Yes, it was. Council Member Turk: I finally had a chance to read all the materials in the packet. There was a discussion about a pond overflowing and potentially flooding some of the residents. Have you taken a look at that or discussed it with them? Justin Colors: The neighbor that was concerned about that, we tried to reach out to them. We were not able to make any contact over the holidays. I did go out there during a significant rain event that we just had, and there is potential for overflow on that pond. It's something that would present itself to be corrected and improved if we were able to further development out in the area. The lay of the land drains really well. It's just an old farm pond that needs to be improved. Council Member Turk: I know this is currently allowable in our code and I didn't have a chance to go back and compare your conceptual design where the pond is located, but I am concerned that we allow houses to be built on filled in ponds. I don't know if that's something you all would take in consideration when you go through the design process, if this is approved tonight. Justin Colors: Yes, absolutely. If that lot were to be turned into a building site, we have to follow all building codes. Anytime we're going to build on any fill site like that, we're going to bring it up with engineered fill material to make sure it meets compaction before any kind of future construction is done on that site. Council Member Scroggin: Since I represented a client around this recently, I am recusing. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 2-4. Council Members Turk and Hertzberg voting yes. Council Members Kinion, Bunch, Harvey and Jones voting no. Council Member Scroggin recused. This ordinance failed. New Business: P&K Equipment Weidenmann super 600: An ordinance to waive competitive bidding and approve the purchase of a Weidenmann Super 600 from P&K Equipment in the amount of $42,500.00 plus applicable taxes. City Attorney Kit Williams read the ordinance. Sara Combs, Fleet Operations Superintendent gave a brief description of the ordinance. She spoke about how the equipment operates. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 8 of 18 Council Member Kinion 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 Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. Ordinance 6517 as Recorded in the office of the City Clerk RPZD-2021-005 (1032 S. Razorback Rd./The Retreat at Fayetteville): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 2021-0005 for approximately 13.65 acres located at 1032 South Razorback Road. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission forwarded the item to Council with a recommendation of approval by a vote of 8-0. He sated regarding public comment there has not been any explicit statements in favor or against the item, but there has been a number of inquiries. Mayor Jordan: Is it presently zoned Industrial? Jonathan Curth: That is correct. Will Kelstrum, Representing the Applicant stated we got this in front of the Planning Commission three times and through that process we hashed out, took comments, revised and ended up with a project that Planning Commission seemed impressed with it. He stated this is currently zoned Industrial and this project is a good chance to get rid of a relic of an old zoning that really shouldn't be there. He spoke about tree preservation. He stated this development is right next to several other medium to high density student housing developments, which is the best thing that could fit right there. Council Member Turk: Could you let us know on the Stadium Drive extension if the city is responsible for any of the costs of that or is it solely on the developer? Jonathan Curth: As proposed, it's currently solely on the developer. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 9 of 18 Council Member Turk: That's a very heavily treed area. Right now, with the current zoning, only 15% would be required to remain. It would be helpful to find out just exactly how many trees are going to be removed, if this development is approved. It's solidly lined with trees, except for the area that's paved and that building. We're going to substantially lose our tree canopy if this development is approved. I request that we have that kind of information. I appreciate you finding the overlay of the Hillside Hilltop ordinance with the proposed PZD, where the buildings will go. What is the steepness of that slope? Over behind Harps, off of Garland, that was on a very steep hillside. They had to remove a whole lot of material and it's still a very steep slope. I get complaints about that place all the time. I would appreciate that information in the future. It is in a very good location, in terms of students, but the five unrelated people may seem a bit much. If there are five unrelated people per dwelling, how many cars is that and what is the parking capacity of the proposed parking lot? Jonathan Curth: As far as the tree preservation item, some projects have begun doing tree surveys at this point. I cannot speak to that, it's not typical requirement of our PZD's. The applicant may be able to speak to that more, if they've gotten to that level of detail. As far as slopes go, it depends where on the property. The project engineer may be able to give more details, but the main locations I've looked at are along that overhead powerline easement. The slope is about 15% running from northeast to southwest. The location where Stadium connects down to Razorback varies from about 10% as you get closer to Razorback, up to about 15% as you're closer to Stadium Drive. There may be other points on the property that are slightly more and slightly less. As far as the parking and bedroom ratios go, our parking code does have minimum standards for residential, as opposed to our non-residential developments and that's one bed be provided per bedroom. It's not a unit count, it's a bedroom count. If there's five unrelated individuals and five bedrooms, it would be required to provide five parking spaces per each one of those units. Council Member Turk: Jonathan, does the parking deck as it's designed, accommodate five bedrooms per unit for five cars? Jonathan Curth: I'd have to defer to the applicant. Staff has not had an opportunity to see design details to that level at this point. Will Kelstrum: If you look on the plat, there is on -street parking in addition to the parking garage. We have provided more parking than is required under the code. We feel that we have adequately addressed parking. Council Member Turk: I would like to hold this on the first reading so some more information I've requested could be provided in two weeks, and for the public to be aware of this PZD. We've had the holidays and lots of people have been out of town. This is a very large project in a prominent place. Council Member Hertzberg: I would also be in support of that. Council Member Bunch: I would too. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 10 of 18 Will Kelstrum: Before you all vote on this, Council Member Turk, would you let us know exactly what you are wanting to see when we bring it back, so that we can make sure we have all questions answered by the time this comes back next. Council Member Turk: Yes, I'd be happy to do that. Can I send you an email? Will Kelstrum: Yes, send me an email. On the public comment part, we did have three meetings on this. The last of those I believe was on the 13th of December. All these people have been notified and there's been a sign on the property. There's been adequate opportunity for people to come in, listen, hear and state any concerns they might have. We are open to a tabling to wait, if you would like, but I do think the public has had plenty notice on this. Council Member Bunch: I would still be in favor of holding this on this reading. The public may have had plenty of notice, but this is our first time to ask questions about it. It's only fair that we be allowed a little more time to investigate this as well. Thank you. This ordinance was left on the First Reading. RZN-2021-079 (2978 N. Old Missouri Rd./Keenan): An ordinance to rezone that property described in rezoning petition RZN 21-079 located at 2978 North Old Missouri Road for approximately 4.88 acres from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff does recommend in favor of the request. He stated Planning Commission recommended forwarding it to Council with a vote of 9-0. He stated we've not received any public comment, although there have been at least two inquiries about what the request is about, but there was no statement of support or opposition. Mitch Weigel, Applicant gave a description of the parcel. He spoke about the boundary line. He stated it is a great location to add some small scale community services to the neighborhood. Jonathan Curth: As a point of clarification. This property is designated city neighborhood area in the future land use map. Council Member Hertzberg: Are there any parking requirements that this property would be subject too? Jonathan Curth: That would all depend on how it's developed. We do not have non-residential minimum parking standards. Our codes do give staff the authority to evaluate non-residential uses on a case by case basis to ensure that parking issues are not created by a development. There's a theoretical parking requirement of zero for non-residential. In practice, however, parking is required. From a residential standpoint, it depends on what kind of housing would be built. A 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 11 of 18 single family or two family dwelling would be two spaces per unit. Anything else is generally one space per bedroom. Council Member Kinion: The information we were provided is comprehensive and it was apparent that this was agreeable to the Commission and the Planning staff. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. Ordinance 6518 as Recorded in the office of the City Clerk Amend §151.01 Definitions, §164.19 Accessory Dwelling Units (ADU) and §164.22 Cluster Housing Development: An ordinance to amend § 151.01 Definitions, § 164.19 Accessory Dwelling Units (ADU) and § 164.22 Cluster Housing Development of the Fayetteville Unified Development Code to amend requirements for Accessory Dwelling Units. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated this item is coming to the City Council through the Planning Commission's Long Range subcommittee, but also, in conjunction with work from staff. He stated as proposed, it would be three ADU's per lot. He stated that's the maximum and it doesn't matter if you have one duplex on the property or 10 duplexes on the property, you get three ADU's. He stated there is a natural limitation, which would remain in place, along with the 1,200 square foot overall cap. He stated staff and Planning Commission are recommending approval. He stated the Planning Commission did forward it unanimously. He stated we have not received any public comment at either the subcommittee meetings or the Planning Commission hearings, but there was one piece that was distributed today in favor of the request. Council Member Turk: Thank you for clarifying that it's just three ADU's per lot, irrespective of the number of duplexes. Are there any additional parking requirements with ADU's? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 12 of 18 Jonathan Curth: There are. That was something deliberated at the Planning Commission. Initially, there was a proposal to remove the parking requirement. There was a lot of back and forth between staff and among the Commissioners. Ultimately, they opted to keep the standard today, which there's no off-street parking requirement until you get above 800 square feet of ADU, at which point you have to provide at least one off-street parking lot space. Council Member Turk: If this is approved, and we have three ADU's that are 400 square feet each, what is the requirement for parking? Theoretically, you would have at least three more people and possibly more living there. Jonathan Curth: The only off-street additional parking that would be required beyond if there's a driveway or a garage or anything would be one space. Council Member Turk: Let's say I own a 500 square foot house under the proposal and it's one story. Under the proposed right now, I could build three more 400 square foot ADU's and I could build a two story, if not three story ADU? I can have 400 on each level. Is that correct? Jonathan Curth: I don't believe that scenario would be feasible. Only one of the three ADU's is permitted to be attached. I don't know if you could feasibly have 400 square feet split out over two stories. I'm sure there is a scenario where that could occur, but I have a hard time visualizing how that would occur under building code. Council Member Turk: I could have 400 that's already within the existing house or attached to the house on a single level, and then two 400 square feet ADU's that are second story. Is that correct? Jonathan Curth: No. Under what's proposed, there's the potential for three ADU's with a 1,200 square foot maximum limit. Of those three ADU's, one can be attached to the main house or duplex with which it's associated. The other two have to be detached from each other. For example, if you had a 500 square foot house, you could have one attached 400 square foot house and then two separate discrete 400 square foot ADU's as well. Council Member Turk: Thank you for helping me understand that. Right now, by right in RSF- 4 zoning district, I could have two ADU's up to 1,200 square feet total, with one parking place required. They are rental property and not separate ownership. Is that correct? Jonathan Curth: I can't speak for all the ADU's in the city. We've seen some be used for caretakers, whether it's health or property caretakers. We've seen them used for intergenerational housing where an adult family member lives in them. Some are rentals and we've seen some business licenses come through to use them as Short Term Rentals. Council Member Turk: You can't buy a separate ADU. That ADU is the property of the principal house owner. Right? Jonathan Curth: Yes. I suppose it's possible that a property owner could create a horizontal property regime, almost like a condominium association. You could theoretically sell the ADU. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 13 of 18 Council Member Harvey: Without the amendment, can you explain where the height situation is versus what you recommend for the amendment? Jonathan Curth: Currently, a detached ADU can be built up to two stories and that's not being proposed for change with this request. What is being proposed to change with this request is that there is currently a prohibition on attached Accessory Dwelling Units where they are not allowed to be taller than the roofline of the house with which they are associated. It has had the unintended consequence of making attic conversions difficult. The intent is to remove the roofline cap. Council Member Turk: If I have a principal dwelling that's 500 square feet, I could theoretically under this new regime build one ADU that's 1,200 square feet that's detached or attached. Is that correct? Jonathan Curth: Correct. Council Member Turk: My ADU could be substantially larger than my principal dwelling, theoretically? Jonathan Curth: At that point, from a land use perspective, the ADU would be the principal dwelling and the existing home would be subordinate to that. We have had property owners that cannot afford to build a larger home at the moment and they've actually been building what they consider an ADU, now, and saving money to build the principal dwelling at a later date. The ADU which was built as a single family home, becomes subordinate to the house. Council Member Turk: In terms of regulation, does it change much of anything? I hadn't really thought about its designation as switching, but that's very interesting. Jonathan Curth: In my professional opinion, fortunately, Fayetteville does not have exclusionary home sizes. We do not mandate minimum house sizes requiring certain people in certain zone districts to build a minimum 2,000 square foot house, for example. So no, in that sense it does not have any regulatory issues, at least not any that we've run into. The City Council received two public comments regarding this ordinance. Council Member Bunch: How did we decide on 1,200 square feet? Jonathan Curth: My recollection is that it was with the 2018 amendment, and that was just part of the incremental increasing that had been occurring since the original ADU ordinance adoption. Originally in 2008 it was 600 square feet and increased in 2015 to 950. I think that has been the theme with the Accessory Dwelling Unit ordinance since its adoption, which is incremental changes. This was not one that I believe staff, or the Planning Commission was looking to bite off with this proposal but doesn't mean it can't be done. Council Member Kinion: I'd like to leave it on the first reading. There's a lot to digest and a lot of opportunity to listen to further input. Tonight, there's been valid input. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 14 of 18 Council Member Harvey agreed that it should be left on the first reading to consider all the input. This ordinance was left on the First Reading. Amend the Rules of Order and Procedure: A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council concerning public comments. Council Member Turk: There are two amendments I would like the Council to consider tonight. The first one is changing the way we allow public comment to occur, where we have five minutes total but it's sort of a three minute countdown and then it goes to two minutes. I've had lots of citizens tell me how confusing that is. Many of them reiterating to me several times that it was only three minutes allowed and I would say no, it really was five. This is to have it as one, five minute countdown. This would roll it back to how we've done things in previous years. The second one is to allow a citizen who wants to present their information through photographs or video, if they provide that information in advance to IT. This way IT can load the information. They can make sure there's nothing inappropriate or off topic. It's not to sequester their information, but it is just a way to make sure it's on topic and appropriate. Council Member Hertzberg: Do you have a time frame that you would like the media to be turned into IT? Council Member Turk: I talked to media and they really wanted it to be in advance. They didn't want it to be one hour because maybe that was too restrictive for them but allowing some flexibility. If this did not work out and people were handing it to them five minutes in advance, instead of well in advance, then maybe we might reconsider putting a definite time in there. They were fine with just saying, in advance. City Attorney Kit Williams: The reason we did that is because we already allow electronic visual aids, but it's not in your rules how early they must be presented by the applicant. Instead that's all worked out with IT. It's really hard for us to figure out exactly how much time IT might need at this point in time. That's why I suggested we word it to allow the IT Department to go ahead and use their own rules on that. They might have to adjust it back and forth, depending on how many people are requesting it. So, that's why we left it up to the IT Department, rather than trying to put it into your Rules of Order and Procedure. City Attorney Kit Williams read the resolution. City Attorney Kit Williams: If something doesn't work immediately, we can come back and change it. This way it would give IT a lot of flexibility. We probably would not have to go back and change it, because they can adjust their rules to make it work. Kara Paxton, City Clerk Treasurer: Regarding being able to use electronic means to present someone's public comment, we actually already have a means of an individual being able to do that. They can upload their information via the public comment form, and they can attach documents to that as well. It's been something that's gone on for years. While we're here in the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 15 of 18 Council meeting, an individual will bring their screenshots, or their presentation printed out to where we would hand all of that information out to the Council Members. Since Zoom has been added into the mix and we're hybrid now, a lot of times an individual will join via Zoom to do their public comment and has the ability to just share their screen at that point, which they've done in the past for panelist when people have been upgraded. If there's anything the City Clerk Office can do in order to assist in that process, we'd be more than happy to do it since we already have a medium established to accept that electronic format. Susan Norton, Chief of Staff: Our experience with Zoom is a little risky there. We would prefer to have the material submitted to IT, rather than a Zoom panelist. We have done that with upgrading Zoom panelists who were on and it is just a technicality with Zoom. We have done that, and while it is a possibility, we would like to standardize in this new approach and not have that as a possibility, because we can't control the computer on the other end. I like the language Kit Williams has drawn up for IT to review the material. This way it just helps us. Kara Paxton: That process makes me very uncomfortable to have that information go through another department, which is not the City Clerk's office. Our office reviews all the information and attaches it to the agenda item to ensure it is attached correctly. I do agree that could be reviewed with the IT Department to be able to view if that device or however that attachment has been sent to make sure there's no viruses, but as opposed to be able to go in and view the content to know what agenda item that goes to or to view that to change the individual's ability to put forward what they're wanting to say or to deny them in some way. The City Clerk Office has never denied any public comment from going forward or anyone's documents, for several reasons that my Deputy Clerks brought up to me today. We've always been the facilitator of information. We believe in freedom of speech and we adhere to that in our office. In addition to that, there's a lot of people that aren't comfortable in coming into the office or coming into the City Council meeting. We've been very happy with how Zoom has increased the ability for individuals to join the meeting in order to give information. We see our public join our meetings every week, we see the same names, we see people who are engaged in the process. I was just speaking with one of our IT people earlier today and one of the main reasons our Live Stream is always 30 seconds behind, is to jump in if there is a potential issue on the live recording. For those reasons and to ensure there might not be any discrimination issue, that's why I say that. Susan Norton: We won't be discriminating about that at all. We are only looking for technical glitches and Kit's language is just dandy. City Attorney Kit Williams: The City Clerk has always handled the agenda packet. We're not saying anything about you not handling the agenda packet and putting comments from the citizens if you want too. When it comes to the actual meeting and presenting stuff to the City Council, that has not been controlled by the City Clerk. Especially with Zoom and things like that, it's been the IT Department that's been responsible for that. This refers only to electronic visual aids. If somebody has a photograph and wants to show it to the City Council, they've always given copies to the City Clerk. When Council was here, they would pass the photographs around. That doesn't really change. This is only electronic visual aids if somebody wants to present something like that. We want to protect the integrity of our computer system so something is not entered that could be harmful to the system. We've always relied on IT to do that. This is not to control somebody's 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 16 of 18 speech, as long as it's on the agenda topic and doesn't have truly objectionable material in it, which I doubt we will ever see that. They're doing that, right now, every time an applicant wants to present electronic visual aids. That's not what the City Clerk is doing. That's what the IT Department is doing. That is the way we've been doing it and it would be the logical place for it to continue since it's now being proposed to extend it to all citizens when they want to make an electronic visual aid. The City Clerk has all kinds of control over her agenda and what she wants to put in there and we're not stopping her from doing anything like that. We all believe in free speech, so this is not anything to attack someone's free speech. It's actually to expand the speech to allow the citizens to have electronic visual aids. We need to have procedures to make sure it's going to be something that will be protective of our system and to make sure it is appropriate and on topic. This is not whether it's a yes or no and has nothing to with the IT Department because they're not going to look at that. This is why I chose the IT Department for the electronic visual aids only, which that is the only thing this concerns. Kara Paxton: I fully understand and promote the idea of the IT Department viewing any type of attachment that has malicious software attached or could harm our system in any way. However, when you look at our public comment form and it gives you the ability to attach a document or attach anything that pertains to that, whether it be a PDF, Word document or anything along those lines, it already goes through the process of being viewed. Instead of having to now set up someone to the side, where you are now going to task an individual to view and go through each of those. It's very important when we take a look at comments that have been made to City Council, especially since the budget just passed. How do we get all the things done in a day that we can with the amount of money that were given for each department? We saw at the beginning of the year, where positions were denied to go forward and certain organizations and certain departments. This is a process that our office handles on a daily basis. After talking with my two Deputy Clerks, one with 12 years of experience and one with 16 years of experience, I feel confident they would be able to handle that. Council Member Bunch: Kara, I appreciate this. It's made me think about this a little bit differently, but I do trust the City Attomey's opinion on this. I trust him to be nondiscriminatory, do what is absolutely legal and to protect the city, staff, Council and the citizens of Fayetteville. I'm going to go with the City Attorney on this. That's what we have to do here. This is his job to determine what is the right course of action, what's going to be legal, and what's going to protect the city. I think that's his decision and I support him in that. Kara Paxton: I totally agree with you that our City Attorney is wonderful and that we are able to have an elected City Attorney because many cities don't. I don't feel it should be filtered through another department, especially the IT Department, other than determining if it has any malicious software attached to it. That's going to take more staff time away from their department regarding items they handle, when it's something we handle on a regular basis. Council Member Bunch: Keith, do you have any reservations about this? Do you feel that possibly this is going to take an inexcusable amount of time from your staff? Keith Macedo, IT Director: No. We've talked about that internally. We feel like it's well within our current operations. We've been doing this for quite a few years when people come in and have 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 4, 2022 Page 17 of 18 presentations, whether it's a staff member that doesn't have it ready and need to give it to us at the last minute or an applicant. It's pretty similar to what we've been doing for many years. The Zoom thing changes it a little bit and that's why we worked with Kit to ask them to send that prior to the meetings. As long as we have that presentation prior to the meeting, we feel like we can handle it like we've been handling presentations in the past. Council Member Turk: I would like to clarify my intention a little bit more. My observation in our current practice is, if somebody wants to show some photos or a video, they go up to the microphone, they've got the thumb drive in their hand and they ask us if they can present. We almost always say, yes. I can't remember a time when we've denied them doing that. Having this loaded and ensure there's no viruses in there in advance would just make the procedure a lot better for everybody. We would have a better handle on it if there were any viruses in there. Council Member Kinion: I'm going to request that we table this for two weeks. There's a lot here that got kind of confused and convoluted. I want it to be plain and simple and really understand all the arguments. Council Member Kinion moved to table the resolution to the January 18, 2022 City Council meeting. Council Member Harvey seconded the motion. Upon roll call the motion passed 7- 0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. This resolution was tabled to the January 18, 2022 City Council meeting. Adopt the 2022 Rules of Order and Procedure: A resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2022. City Attorney Kit Williams: I brought this forward, because under State law, at your first meeting you're supposed to readopt your Rules of Order and Procedure. That's what this would do with no changes. It's what you have right now, but they would be readopted for 2022. At the next meeting, you can decide whether or not you want to make any amendments to them. Mayor Jordan: We've done that before. This would leave it just like it is. Council Member Kinion moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Hertzberg, Harvey and Jones voting yes. Resolution 16-22 as recorded in the office of the City Clerk Announcements: None 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Agenda Session Presentations: Sales Tax Report, Paul Becker Energy Report, Peter Nierengarten City Council Tour: City Council Meeting Minutes January 4, 2022 Page 18 of 18 IIIIIIfrrIII \ ' ' c\T r O n- Kara Paxton, City erk Treasurer; FAYE�EVII LE �= 9 ` 113 West Mountain Fayetteville.. AR 72701 (479) 575-8323 www.fayetteville-ar.gov