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HomeMy WebLinkAbout2022-02-15 - Minutes -Council Member Sonia Harvey Ward 1 Position I Council Member D'Andre Jones Ward 1 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 February 1, 2022 City Council Meeting Minutes February 1, 2022 Page 1 of 18 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 February 1, 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, Mark Kinion, Sloan Scroggin, Sarah Bunch, Teresa Turk and Holly Hertzberg joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Member D'Andre Jones, City Attorney Kit Williams, Lisa Branson Deputy City Clerk, 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: State of the City address will be presented at the City Council Agenda Session by Mayor Lioneld Jordan. Recognize Fayetteville Fire Department employees who have demonstrated meritorious service to the citizens of Fayetteville. Brad Hardin, Fire Chief stated he was presenting a meritorious award. He stated calls for medical assistance make up the majority of emergency calls across the U.S. He stated in the City of 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 2 of 18 Fayetteville those calls receive an ambulance and at least one fire company. He stated cardiac calls receive more resources because of the large number of tasks that need to happen for a successful outcome. He stated tonight we are here to recognize those who are responsible for a successful outcome. He stated in the early morning of October 27, 2021 a call was received of a possible cardiac arrest and Fayetteville Engine 6 and Ladder 6 responded with Central EMS. He expressed that they found the patient unresponsive, with no pulse. He spoke about the extensive efforts taken by all personnel involved and by the time the patient arrived at the hospital he had regained a pulse and was breathing on his own. He stated the Fayetteville Fire Department would like to recognize the individuals with a certificate and meritorious award. He stated Colton Vaught would present the award, which was the gentleman whose life was saved. Colton Vaught, Citizen presented Captain Matthew Sallee, Captain Matt Daniels, Driver/Operator Jacob Thompson, Driver/Operator Jason Morgan, Firefighter Damon Byrum, Firefighter Zachary Talbert. With the ambulance company was Captain Stuart Jones, Paramedic Landon Harris, EMT Burrell Warden and 911 Operator Justin McIntire. Mayor Jordan: Thank you all very much for your service. "Certificate of Recognition for Mrs. Dorothy Willis, Oldest Living African American Resident in the City of Fayetteville" — Mayor Jordan. Mayor Jordan: Today we started the celebration of Black History Month in the City of Fayetteville. It is an honor to start the celebration of Black History Month with honoring Mrs. Dorothy Wilks, the oldest living African American resident in Fayetteville. I want to thank Council Member Jones for bringing this to my attention. Dorothy could not be here with us tonight, but we have her family here. It is an honor for me to present this to Dorothy's family. Council Member Jones: Thank you all so much for coming out and helping us celebrate Black History Month. Thank you for helping us honor Mrs. Wilks. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated the city had a very strong year. He stated in the General Fund that sales taxes were up 20% for the year. He stated there will be a surplus of roughly $3 million dollars. He spoke briefly about the other funds. He stated we are going to have a loss of $465,000 but that's because of capital programs that were in process. He stated it did not affect the fund balance and will be strong as we complete the year. He spoke about the Water & Sewer fund. He spoke about his concerns of supply chain struggles. He spoke about employee salary studies. He stated overall it was a very strong year for Fayetteville and we've increased our reserves. Council Member Turk: I want to make sure I understood the final 2021 Budget. We ended up with a $3 million surplus and that surplus was adjusted to include the cost overrun of $3.1 million 113 West Mountain Fayetteville.. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 3 of 18 anticipated parking deck overrun and also the pay raises we authorized for the 2021 employees. Do I have that right? Paul Becker: The $3 to 4 million, which is my estimate right now is after those adjustments. Council Member Turk: Is after the adjustment, so that's including all of that? Paul Becker: Correct. Council Member Turk: It's always good to make sure you've got the good news accurate because often it's not so robust. This is great. Paul Becker: It has been a wonderful year for us. Mayor Jordan: Yes, it has. Agenda Additions: None Consent: Approval of the January 18, 2022 City Council Meeting Minutes. APPROVED 2022 T-Hangar Lease Agreements: A resolution to approve T-Hangar Lease Agreements in 2022 at the current rental rate for all T-Hangars rented at the Fayetteville Airport. Resolution 24-22 as recorded in the office of the City Clerk MRS Enterprises, LLC: A resolution to approve a forty (40) year ground lease agreement with MRS Enterprises, LLC for airport property located at 4386 South School Avenue for the construction of a 110' x 100' hangar, with an option to extend the ground lease for an additional five (5) year term. Resolution 25 -22 as recorded in the office of the City Clerk Skydive Fayetteville, LLC: A resolution to approve a five year lease agreement with Skydive Fayetteville, LLC for two office spaces in the Airport Terminal Building for the total amount of $577.83 per month. Resolution 26-22 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 4 of 18 RFQ 21-01, Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $75,300.00, pursuant to RFQ # 21-01, Selection 12, for design services to address maintenance issues associated with the East Lake Sequoyah Drive Bridge. Resolution 27-22 as recorded in the office of the City Clerk Northwest Arkansas Regional Planning Commission: A resolution to approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $41,812.00 for a Stormwater Education Program for 2022 to satisfy portions of the NPDES Phase II Stormwater Permit requirements. Resolution 28-22 as recorded in the office of the City Clerk Landfill Tipping Fees: A resolution to approve a budget adjustment in the amount of $350,000.00 to cover increased landfill tipping fees for partially dried biosolids. Resolution 29 -22 as recorded in the office of the City Clerk Griffin Residuals, LLC: A resolution to authorize the Mayor to sign a non -binding letter of intent between the City of Fayetteville and Griffin Residuals, LLC to determine the viability of a biosolids drying service agreement. Resolution 30-22 as recorded in the office of the City Clerk Insituform Technologies, LLC: A resolution to approve a one year contract extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains using cured -in -place sanitary sewer linings. Resolution 31-22 as recorded in the office of the City Clerk Crafton, Tull & Associates, Inc. Amendment No. 2 - 2019 Trail Improvement Bond Project: A resolution to approve Amendment No. 2 to the contract with Crafton, Tull and Associates, Inc. for additional design services associated with the Mission Boulevard Trail and Street Improvements Project in the amount of $59,000.00, and to approve a budget adjustment - 2019 Trail Improvement Bond Project. Resolution 32-22 as recorded in the office of the City Clerk Amend the 2022 Adopted budget by Reappropriating $174,300,000.00 Remaining in the 2021 Budget: A resolution to amend the 2022 Adopted Budget by reappropriating $174,300,000.00 in bonded or ongoing capital projects, outstanding obligations, and grant funded items. Resolution 33-22 as recorded in the office of the City Clerk Convergint Technologies, LLC: A resolution to authorize the purchase of facility security equipment, systems, services, and supplies from Convergint Technologies, LLC, pursuant to a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 5 of 18 Sourcewell cooperative purchasing contract, on an as -needed basis through April 22, 2025, and any future renewal periods. Resolution 34-22 as recorded in the office of the City Clerk Bid #21-50 Flow State Tanglewood Branch Restoration: A resolution to award Bid #21-50 and authorize a contract with Flow State, LLC in the amount of $453,922.00 for Tanglewood Branch Restoration in the Lower Ramble, and to approve a budget adjustment. Resolution 35-22 as recorded in the office of the City Clerk Amend Resolution 13-22: A resolution to amend Resolution 13-22 and authorize the purchase of a John Deere 5075 Tractor from Deere & Company through P&K Equipment in the amount of $40,963.22 plus applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Resolution 36-22 as recorded in the office of the City Clerk RFQ #21-01, Selection #2 GTS, Inc. - 2019 Cultural Arts Corridor Bond Project: A resolution to approve a materials testing contract with GTS, Inc. in the amount of $100,780.00 for materials testing services associated with the replacement parking deck for the Cultural Arts Corridor Phase I, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment - 2019 Cultural Arts Corridor Bond Project. Resolution 37-22 as recorded in the office of the City Clerk RFQ #19-01 Olsson, Inc. Amendment No. 4 - 2019 Cultural Arts Corridor Bond Project: A resolution to approve Amendment No. 4 to the Professional Engineering Services Agreement with Olsson, Inc. in the amount of $324,000.00 for construction administration and project closeout services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. Resolution 38-22 as recorded in the office of the City Clerk Bid #21-73 Legacy Construction Management, Inc.: A resolution to award Bid 421-73 and authorize a contract with Legacy Construction Management, Inc. in the amount of $668,237.00 for City Hall improvements, and to approve a budget adjustment. Resolution 39-22 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 Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. 113 West Mountain Fayetteville; AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 6 of 18 Unfinished Business: None New Business: Peace at Home Family Shelter, Inc.: A resolution to approve the Land Sale Contract with Peace at Home Family Shelter, Inc. for the city to convey four acres to Peace at Home for $80,000.00 plus valuable services for our residents. Susan Norton, Chief of Staff. The City of Fayetteville has long appreciated and supported the efforts of the nonprofit Peace at Home Family Shelter as a service that provides vital accommodations for victims of family violence and domestic abuse. The center has grown to address the needs of its victims and their children, growing from 12 staff members, with an annual budget of less than $800,000 to a 35 member team with an annual budget of $2.5 million and now works with over 1,000 families seeking support from domestic violence, annually. The shelter has grown, and it is proposing to purchase four acres of city land for additional capacity for beds, baths and parking. This is also to construct the Candy Clark Pet Sanctuary in memory of one of its biggest supporters in order to provide a safe space for families staying at the shelter to house their pets. The city did provide the public notice of intent and the copy of the land sale agreement is attached. Thank you to City Attorney Kit Williams for preparing the land sale agreement and it is ready to be executed. Teresa Mills, CEO of Peace at Home stated Peace at Home is committed to serving victims in our growing community and in order to do that they are going to need additional space for their plans. She stated this will include the opportunity to allow families to bring their pets with them into the shelter. She stated we know there is a connectivity between domestic violence and animal abuse, and this will allow us to ensure all members of the family, including the four legged kind to get to come with them into the shelter. Council Member Turk: Peace at Home serves a really important component of our society and I'm fully in support of this. Mayor Jordan: Thank you to Susan Norton, Teresa Mills and the Peace at Home board for all their work on this. Thank you to the City Attorney for all his work in preparing the contracts. I have been a long supporter of Peace at Home because they take people who come to their facility who have suffered violence and abuse. They are fearful in many instances and they've given up hope. They come to Peace at Home and it gives them help, a feeling of safety and some stability. It gives the survivors of domestic violence hope, where they don't think they have a chance. It is an honor for me, and this city to partner with Peace at Home and make survivors lives of domestic violence, better tomorrow than they believe is possible today. Council Member Turk moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Resolution 40-22 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 7 of 18 ADM-2021-075 (3045 E. Ivey Ln./Peace at Home Family Shelter): An ordinance to rezone four acres to be purchased from the City of Fayetteville by Peace at Home Family Shelter, Inc. and to amend an existing Residential Planned Zoning District (07-2531) to include Use Unit 43 for an Animal Shelter and to incorporate the four acres to be purchased from City of Fayetteville into RPZD 07-2531. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends approval. He stated the Planning Commission recommended approval with a vote of 8-0. Blake Jorgensen, Applicant spoke about how the ordinance was worded, which made it more appropriate. He stated he was available for questions. Susan Norton, Chief of Staff acknowledged that Peace at Home board members were in attendance and thanked them for the work that they do. Council Member Kinion: Along with the opportunity to add on to the services that are already provided, we're also memorializing a leader of our city that was so important in the services offered by this facility, as well as the welfare and protection of animals, and that is Candy Clark. She was on the Planning Commission. She worked tirelessly with the Washington County Animal League, as well as the Humane Society of the Ozarks when they ran the shelter for the city. We need to take a minute and appreciate the memorial we are making to Candy that will be so perfect in her memory. i think it's a relevant piece of this legislation. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. 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 Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan recognized Candy Clark's wife, Teddy. He stated Candy would be proud. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Ordinance 6523 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 8 of 18 Seven Hills Homeless Center Funding Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $113,400.00 for services to homeless and needy residents in Fayetteville in 2022. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. He stated this is the annual contract and subsidy for Seven Hills to continue operations. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. City Attorney Kit Williams read the ordinance. Council Member Turk 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 Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey: Thank you to all the staff and Board of Directors of the center. They are doing incredible services. I live in the neighborhood and I've seen all the work they do. I hope this amount of money can help. I want to acknowledge all of their hard work for the community. Mayor Jordan: Absolutely. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Ordinance 6524 as Recorded in the office of the City Clerk RZN-2021-078 (2015 S. Vale Ave./Harris): An ordinance to rezone that property described in rezoning petition RZN 21-078 located at 2015 South Vale Avenue for approximately 3.09 acres from CS, Community Services and RMF-24, Residential Multi -Family, 24 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 recommends the denial of the proposal due to this being a down zoning in an area that is appropriate for an increased density and intensity. He stated the Planning Commission disagreed with staff and forwarded the request for Community Services recommending in favor by a vote of 7-1. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 9 of 18 Will Kelstrum, Applicant's Representative spoke briefly abut staffs reasoning for denial. He stated this rezone would give Fayetteville the housing that it desperately needs. He spoke briefly about his housing plan and a Conditional Use Permit. He spoke about the parcel's development features. Council Member Turk: Since you opened this up for discussion with the 18 units per acre, could you let us know what your build -to would be, if this is approved? Will Kelstrum: I believe the build -to would be a zero to 10 build -to line, whereas under Community Services, it would be a 10 to 25. We would be allowed to build this under Community Services, the exact same development, except we would have to set it back 10 to 25 instead of zero to 10. It's not a matter of what we can do, it's a matter of where we can put it and how close it can be to the street. Council Member Turk: Are you planning on zero feet or 10 feet? Will Kelstrum: I believe we will be doing 10 feet, but I would have to talk to the engineer and the developer to get a specific answer on that. Council Member Turk: Thank you. That information would be very helpful. City Attorney Kit Williams: Even though he did talk about his Conditional Use, we really shouldn't get into the project here. You can look at the setbacks because that's part of the zoning, but exactly where within the setbacks they might want to build, or the build -to zones is a development issue and we shouldn't be getting into that in a rezoning request. Council Member Harvey: Jonathan, if I understand this correctly, the down zoning allows for the setback to be the zero. Is that correct? It seems opposite because normally if we up zone it, then it would have more flexibility, but down zoning is actually giving the developer more flexibility. Is that odd? Jonathan Curth: It is odd. It's an unusual aspect and a key component of the request. One reason the Neighborhood Services General zoning district has a zero to 25 foot build -to zone is because it has an associated reduced allowance in building height and building types. You can only do a three story building, with the urban design theory behind that being it's okay for it to be closer to the street. You're keeping that street to building ratio at a smaller amount. Whereas, if you're entitling of the five stories, it's appropriate that it would be pushed further from the street and have an area of green space or a patio to increase the width of the streetscape. Council Member Harvey: It's allowing width, instead of height. Jonathan Curth: Neighborhood Services General allows the building to be brought right up to the street, but only up to three stories. Community Services pushes the building back from the street but allows it to go up to five stories. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 10 of 18 Council Member Harvey: The staff denial comes because of the Fayette Junction because we have a plan and we want to honor that plan. Can you hone in a little bit more on the staffs denial because I want to understand a little bit more? Jonathan Curth: The Fayette Junction plan is a piece of that. It was deliberately zoned Community Services, and we do acknowledge that was 11 years ago. The second big component to staff s recommendation is that the property is in a very well situated place for increased entitlements and increased density. It has really close access to I-49 and is closer to Kessler Park than a lot of our housing. There's a trail immediately to the north and a straight shot to the university. It doesn't have a lot of those elements that generally create concerns from the natural environment side of things. There are no hydric soils, no floodplain and no streams on the property. We feel it's appropriate in instances where the amenities, services and the natural assets are there to increase or maintain those entitlements. Council Member Harvey: It is my understanding that area really doesn't have any set precedent. It's a little bit of a blank slate still. It's not that we are going to change something that's there, it was more of like changing the direction of the plan. Right? Jonathan Curth: That is one way to look at it. Neither this property nor the properties between it and Cato Springs to the south have redeveloped. So yes, in that regard. Council Member Kinion: I was real involved in the Fayette Junction planning and it might have been 11 years ago, but I don't think it's irrelevant. This is not that big of a change away from the plan. It's going to allow their build -to, to the stream be closer and that's the main difference here. Right? Jonathan Curth: In addition to that, you can't build larger nonresidential buildings. You can only go up to an 8,000 square foot restaurant or retail store and you also can't build multifamily buildings by right. To use the applicant's words, it's the little sibling to Community Services. Council Member Kinion: Since the area has not started being developed, I am prone to approve it because it might start some development in an area that is very stagnant right now. We do need the development to begin down there. The location is so handy to many things and relatively what could be there, that I want to support it. Mayor Jordan: What does the Ward 1 Council Members think, since it is in your area? Council Member Jones: I'm very open to supporting it. Mayor Jordan: Have you gotten any calls or anything? Council Member Harvey: I don't have anything that's coming up on my radar. I do know the area fairly well. I definitely don't want to downgrade it to hinder a taller development, but at the same time this might be a gentle direction of kicking things off. It's a compromise and I am open to it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 11 of 18 Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. City Attorney Kit Williams read the ordinance. Council Member Turk: If they do build zero right up to the street, how is that facing of the street since it's Razorback Road? That's going to be a very busy road. Jonathan, could you comment about the structures to the north? I'm wondering about that sightline. Are they set back 25 feet? This is a slight change, but we all get wrapped around about aesthetics, urban design and how the street frontage looks. Jonathan Curth: Do you mean to the immediate north? Council Member Turk: Yes, and even further north. If I'm right there on the subject property that we're talking about and I'm looking northeast, what's that sightline in terms of setback from the street? Jonathan Curth: It varies and it's hard to give one specific number. It's probably from about 40 to 50 feet off of the street itself, but with a lot of ARDOT right of way, the right of way varies and that's where the property line begins. ARDOT likes to buy whatever land they grade. The right of way is not consistent along Razorback. It could be that whatever is built on this property may be closer to the street, ultimately, but if you're going from the back of the curb to the property line on Razorback, it's about 20 to 25 feet before that build -to zone would begin. Council Member Turk: That's extremely helpful. If the ARDOT right of way is that wide, how does that look if I'm looking up to the next property if they do a zero build -to line or zero setback? Jonathan Curth: It's hard to say how it would lay out. It's pretty safe to say the buildings would almost certainly be closer to Razorback than what's immediately to the north. How much closer, I can't say with a lot of confidence. You don't have to put a building at the zero point right at the property line. That build -to zone does allow 25 feet of latitude between that property line as it goes into the depth of the property. Council Member Turk: Right now, they could go all the way back to 25 feet if we did NSG, but they would have to most definitely set back 10 feet from the existing Community Services we have right now? Jonathan Curth: Correct. Council Member Turk: Thank you. That's very helpful. Council Member Harvey 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 Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 12 of 18 City Attorney Kit Williams read the ordinance. Council Member Harvey: For a vision of what I see in that area is a major corridor and a bus connection, which I think is already in there and businesses. I see that as a very urban vibe and not having a parking lot in front of thebuildingas more aesthetically pleasing. I really like the idea of that potential design and having the buildings up to the sidewalk sounds like a great direction. Mayor Jordan: Have you had anyone reach out? Council Member Jones: I have not had anyone reach out to me. Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Members Scroggin, Bunch, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Turk voting no. Ordinance 6525 as Recorded in the office of the City Clerk RZN-2021-080 (S. Leflar Way & W. MLK Blvd./Cobb-Westphal): An ordinance to rezone that property described in rezoning petition RZN 21-080 located at South Leflar Way and West Martin Luther King Junior Boulevard for approximately 3.83 acres from RMF-24, Residential Multi Family, 24 units per acre to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends approval. He stated the Planning Commission recommended unanimously to forward it to the Council. Connor Threet, Crafton Tull stated he was representing the applicant. He stated there are three zonings on the property and spoke briefly about each one. He spoke about a RV Park and a Conditional Use Permit. He spoke about the floodplain and tree preservation. Council Member Turk: Jonathan, could you tell us where the RV Park is? I wasn't aware that a Conditional Use Permit had been provided for that. Jonathan Curth: Let me pull the plan up. This is the site plan that was considered by the Planning Commission. It is a revised version. The original included some additional stalls or locations for RV's closer to Lowes as well. The Planning Commission was not comfortable with that scale or scope of the project and the applicant reduced the scale to what you see here and that's what was ultimately approved by the Commission. Council Member Turk: Thank you for that visual. With your pointer, could you go over the portion we're discussing tonight for rezoning? Jonathan Curth pointed to it as requested. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 13 of 18 Council Member Turk: Thank you. That was very helpful. Mayor Jordan: This is in Ward 1. Correct? Council Member Harvey: Yes, it is. I haven't heard anything, but I think it's a very sensitive area. I do think it has been scaled back and it's good that they've already been working with the Planning Commission and staff on this. It seems like there has been a happy medium since we've got approval from both staff and Planning Commission. Correct? Jonathan Curth: Yes. Council Member Harvey: I feel like we've come to some compromises, despite that it is a very sensitive area. I'm interested in supporting it. Council Member Jones: I'm interested in supporting it as well. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion 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 Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Ordinance 6526 as Recorded in the office of the City Clerk RZN-2021-081 (3373 N. College Ave./Lewis Ford): An ordinance to rezone that property described in rezoning petition RZN 21-081 located at 3373 North College Avenue for approximately 6.98 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff finds the request to be very complimentary of the 71 B Plan. He stated staff recommends approval of the request. He stated the Planning Commission voted to forward it to Council unanimously. He stated Robert Rhoads was representing the applicant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 14 of 18 Council Member Scroggin: I believe Robert contacted us and said he would not be here and wanted us to hold this on the First Reading. Mayor Jordan: If everybody is agreeable, we can do that. This ordinance was left on the First Reading. RZN-2021-082 (582 N. Mission Blvd./Falcons Landing, LLC.): An ordinance to rezone that property described in rezoning petition RZN 21-082 located at 582 North Mission Boulevard for approximately 0.41 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff supports the request. He stated the Planning Commission supported it and forwarded it to the Council unanimously. Tim McMahon, Applicant was having technical difficulties and could not be heard via Zoom. Council Member Turk: The maximum that could be built under an RSF-8 with this particular lot would be two single family houses after the lot is split. Is that correct? Jonathan Curth: That is correct. The lot is just over a 100 feet in width along Mission. Mayor Jordan: Is that in Ward 3? Jonathan Curth: It's in Ward 1. Mayor Jordan: Council Members Harvey and Jones have you heard anything? Council Member Harvey: I haven't heard anything. Council Member Jones: I haven't heard anything either. Council Member Harvey: I'm open to at least getting it to the next reading, but then possibly holding it. I feel like there's a lot happening in Ward 1. I want to slow it down just a little bit and revisit it the next time. Council Member Harvey 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 Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 15 of 18 This ordinance was left on the Second Reading. RZN-2021-084 (745 W. Cherry St./Habitat for Humanity): An ordinance to rezone that property described in rezoning petition RZN 21-084 located at 745 West Cherry Street for approximately 1.81 acres from RSF-4, Residential Single Family, 4 units per acre and C-2, Thoroughfare Commercial to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff supports the request. He stated the Planning Commission supported it and forwarded it to the Council unanimously. Brandon Swoboda, Executive Director of Habitat for Humanity spoke about the organization's history and vision. He spoke about the affordable housing crisis in Northwest Arkansas. Council Member Jones: I had the opportunity of meeting with Brandon and hearing of his vision. I support Habitat for Humanity. We have a great opportunity to provide support for families. I'm looking forward to a partnership and creating an opportunity so families in Ward 1 can thrive. Council Member Scroggin: As somebody who has worked in housing basically my whole life, I appreciate what Habitat for Humanity does. It is a vital service. It is a hand up, not a handout. Their process is pretty rigorous. I think this is a correct space for this rezone. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Bunch was absent during the vote. 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 Jones seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk: Habitat for Humanity is an excellent organization. They do wonderful work. I hope the city can partner with them and help them build more workforce housing. Mayor Jordan: I'll be meeting with them this week. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 16 of 18 Council Member Harvey: The location for this workforce housing is amazing. It's right there at that expressway entrance. It's a great place to be able to get to a lot of places quickly. It's an excellent opportunity for the residents to get to work easily. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Bunch was absent during the vote. Ordinance 6527 as Recorded in the office of the City Clerk VAC-2021-031 (2480 W. Treat St./Treat Street Right -of -Way): An ordinance to approve VAC 21-0031 for property located at 2480 West Treat Street to vacate a portion of street right-of-way. City Attorney Kit Williams: Jonathan Curth asked to change this today and needed to make a minor change to Section 3 on the conditions. I've sent that ordinance out to all the Council Members. We do need a motion to amend so I can read the proper ordinance. Council Member Jones moved to amend the ordinance as written by City Attorney Kit Williams and emailed out to Council. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff supports the request. He stated the Planning Commission supported it and forwarded it to the Council for approval. Jay Young, Development Consultants stated he was representing the university and was available for questions. Council Member Turk: I am looking at the map that shows the topography, house and something labeled agriculture. Whoever is living in that house, it looks like the road we are discussing right now is the only way for them to get in there, as well as the outbuilding. What we're doing tonight does not affect that at all. Correct? Jonathan Curth: That was my first concern when I saw this as a user of that trail. I knew there were houses back there. I can't speak to who is currently occupying the home, but the university owns that property and, ultimately, if this right of way is vacated, it will revert to all the surrounding properties, which includes the University of Arkansas. Whether somebody is renting there or not, I would have to defer to the applicant if there's an arrangement for the renter occupying it at this point. Jay Young: My understanding is that the university has been leasing those houses. The leases have ended and are unoccupied. They are now scheduled for demolition. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 17 of 18 Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 6-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones and Kinion 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 6-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Bunch was absent during the vote. Ordinance 6528 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff. I'd like to remind residence that the city is still having its $100 Vaccination Incentive Program for those who receive full vaccination status between January 18th and March 18th. This is to encourage all residents to please get vaccinated. The last day to apply for the vaccination incentive is April I". City Council Agenda Session Presentations: Sales Tax Report, Paul Becker Energy Report, Peter Nierengarten. 2020 City Council Ward Redistricting. City Council Tour: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 1, 2022 Page 18 of 18 `1111111fffrIff GOER K / TR�!i,� �•���y•• G1TY Kara Paxton, Cityerk Treasurer = :• FAYEIT ;;O 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov