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HomeMy WebLinkAbout2022-03-15 - Minutes -City Council Meeting Minutes March 15, 2022 Page 1 of 23 Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward I Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting March 15, 2022 Council Member Sloan Scroggin Ward 3 Position I Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position l Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on March 15, 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, Sarah Bunch and Teresa Turk joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Members Holly Hertzberg, Mike Wiederkehr, Sloan Scroggin, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Communications & Marketing Director Lisa Thurber, 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. Council Member Turk arrived after Roll Call at 5:37 pm. Council Member Jones was absent. Pledge of Allegiance Mayor's Announcements. Proclamations and Recoenitions: None 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 2 of 23 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 Scroggin moved to approve the Nominating Committee Report as read. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. Agenda Additions: None Consent: Approval of the March 1, 2022 City Council Meeting Minutes. APPROVED Dot Tipton Sewer Lift Station Improvements: A resolution to approve a budget adjustment in the amount of $60,400.00 to fund the costs of the Dot Tipton Sewer Lift Station Improvements Project. Resolution 62-22 as recorded in the office of the City Clerk Bid #22-24 Tank Pro, Inc.: A resolution to award Bid #22-24 and authorize a contract with Tank Pro, Inc. in the amount of $788,066.00 for the painting and rehabilitation of the Markham Elevated Water Storage Tank, and to approve a project contingency in the amount of $157,613.20. Resolution 63-22 as recorded in the office of the City Clerk RFP 21-06 Smith Two -Way Radio, Inc.: A resolution to award RFP 21-06 and authorize a contract with Smith Two -Way Radio, Inc. in the amount of $355,788.53 for Fire Station Alerting Systems for seven existing and three new construction fire stations, to approve a project contingency in the amount of $30,000.00, and to approve a budget adjustment - 2019 Firefighting Facilities Improvements Bond Project. Resolution 64-22 as recorded in the office of the City Clerk Wings Avionics, Inc.: A resolution to approve a five year lease agreement with Wings Avionics, Inc. for the airport hangar at 421 Ernest Lancaster Drive for rent in the amount of $1,815.96 per month. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 3 of 23 Resolution 65-22 as recorded in the office of the City Clerk Additional Ice and Snow Removal Materials: A resolution to approve a budget adjustment for the Transportation Services Division in the amount of $200,000.00 to increase funding for additional ice and snow removal. Resolution 66-22 as recorded in the office of the City Clerk Stephen Carr Memorial Boulevard Signage: A resolution to approve a budget adjustment in the amount of $25,000.00 to fund costs associated with the installation of Stephen Carr Memorial Boulevard signage on Interstate 49. Resolution 67-22 as recorded in the office of the City Clerk Travel and Training Budget for Council Members: A resolution to approve a budget adjustment in the amount of $12,000.00 to increase the travel and training budget for each City Council Member from $2,000.00 to $3,500.00. Resolution 68-22 as recorded in the office of the City Clerk Central Dispatch Retention Package: A resolution to approve a retention package for Central Dispatch Center employees, and to approve a budget adjustment. Resolution 69-22 as recorded in the office of the City Clerk B-Unlimited, Inc. Land Sale Agreement: A resolution to approve a Land Sale Agreement with B-Unlimited, Inc. for the sale of approximately 17.46 acres for $278,280.00 with a conditional option to purchase an additional 12.6 acres within 12 months of closing. Resolution 70-22 as recorded in the office of the City Clerk Council Member Hertzberg moved to accept the Consent Agenda as read. Council Member Harvey seconded the motion. Upon roll call the motion passed 6-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin and Bunch voting yes. Council Member Turk was absent during the vote. Council Member Jones was absent. Unfinished Business: 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. At the February 1, 2022 City Council meeting this ordinance was left on the first reading. This agenda item was left on a second reading and was tabled to the March 15, 2022 City Council Meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 4 of 23 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 Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. 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 and the Planning Commission agreed, forwarding it to Council unanimously. Robert Rhoads, Law Firm of Hall Estill, Representing the Applicant gave a brief description of the project. He spoke about what reading the item was left on at the February 15, 2022 City Council meeting. He stated this meets all six goals of the 2040 Plan. He stated it has an incredible infill score, discourages urban sprawl, it's a mix of uses, it is next to and encourages livable transportation networks. He stated it has green trails, dog trails and is next to existing trails. He stated it contains attainable housing. He stated city staff and the Planning Commission found the request to be generally consistent with surrounding land use, highly beneficial and in line with future land use plans. Council Member Harvey: Can people from that Ward let us know if there is any major opposition? I think there was one letter of opposition from somebody who lived on the property. Is that correct? Jonathan Curth: That is correct. It was filed in association with the rezoning that is under New Business, but yes, it was opposed to rezoning, generally, in the area. Council Member Bunch: Except for that one comment, I haven't received anything. Have you Council Member Scroggin? Council Member Scroggin: I looked through my emails and I don't believe I received anything on this. Mayor Jordan: Is that in Ward 3? Jonathan Curth: That is correct. Kara Paxton, City Clerk Treasurer: At the last City Council meeting on March 1, 2022, the minutes were approved from the February 15, 2022 meeting. The item was read on the second reading but left there and tabled until two meetings away. Mayor Jordan: That is what I have too. Kara Paxton, City Clerk Treasurer: That is what we have, as well. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 5 of 23 Council Member Scroggin: If we can't zone UT at this location, then we don't need UT. This definitely Urban Thoroughfare and makes sense to me. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. Ordinance 6542 as Recorded in the office of the City Clerk RZN-2021-087 (N. Futrall Dr. between Wedington Dr. & MLK Blvd./Barnes South): An ordinance to rezone that property described in rezoning petition RZN 21-087 located on North Futrall Drive between Wedington Drive and Martin Luther King Junior Boulevard for approximately 9.40 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. At the February 15, 2022 City Council meeting this ordinance was left on the first reading. At the 0310112022 City Council meeting this item was left on the third reading and tabled until the 0311512022 City Council meeting. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He spoke about receiving public comments in opposition to the request. Mayor Jordan: Is this in Ward 1? Jonathan Curth: Yes. Suzanne Clark, Clark Law Firm Representing the Applicant stated she has a Bill of Assurance that her client is offering. She stated this property was recommended by staff and unanimously recommended by the Planning Commission to approve the rezoning to CS. She stated this rezoning request fits all the guidelines the city has set out for the goals of development. She stated the Bill of Assurance limits any construction on this parcel of property to three stories, which will bar any of the five story options that were presented as concerns. Council Member Scroggin: We haven't seen the Bill of Assurance. Does it specifically say it is limited to three stories or is there more in there? City Attorney Kit Williams: I received this today. The Bill of Assurance says the building height on the rezoned property shall be limited to three stories. Prior to taking any action on this ordinance, I would ask that the ordinance be amended to reflect the Bill of Assurance, both in the title and in Section 1. They should end with, subject to a Bill of Assurance. Council Member Scroggin moved to amend the ordinance, subject to the Bill of Assurance. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 6 of 23 Council Member Scroggin: I appreciate the applicant bringing the Bill of Assurance. That is probably the thing that will make the difference for me and I am glad we are making that change. We did get a lot of emails. I think a lot of people want to leave it RSF-4. They think if we leave it there that nothing would ever get built and that is really not the case. This is going to get built at some point. RSF-4 was not it. CS without the Bill of Assurance is not it. I think we have reached an appropriate middle ground. I know some people are going to be upset. If you don't want anything to happen there, then you are going to have to buy it. I don't want to use Eminent Domain to take private property. That is literally the only way we could stop it and I hope I never have to do that. This was a happy medium. Lisa Orton, J663 West Halsell Road Citizen spoke in opposition of the ordinance. Council Member Turk: I appreciate the applicant bringing forward the Bill of Assurance to limit the building height to three stories. However; I have some major concerns because the hillside hilltop areas and the clay soils. We saw at least one spring, but there are probably many more that were bubbling right out of the side of that hill when we took our tour. I was not on the Council at the time, but I think one of the reasons why the Council approved Specialized Real Estates development of Markham Hill was that they were going to donate some acreage and preserve that. This Barnes piece of property borders that line and natural area that's slated to have a conservation easement on it with the Northwest Arkansas Land Trust. I believe that CS, even with the Bill of Assurance is too dense. There are traffic issues. We need some kind of transition. If you put CS in there, that's higher density than what you have just to the south of it. I would argue that the RSF- 4 or maybe an RSF-8 or 12 or whatever, would be a more appropriate transition from a nature preserve. The Council needs to keep in mind the environmental conditions with the clay soils and natural springs. I will not be supporting this because of all of those factors. Council Member Harvey: Thank you to the applicant for making the effort on the Bill of Assurance, but I'm not going to be able to support it because of what we just heard from Ms. Orton. She's representing quite a few people on the Markham Hill residential area. She does a really good job of collecting and voicing the opinions of quite a few people. We did receive quite a bit of email. I agree with Council Member Turk's comments about the transition, the traffic and so forth. If the ordinance does pass, we won't see a five story building. Mayor Jordan: That's your Ward? Council Member Harvey: Correct. Council Member Bunch: A lot of the comments we keep hearing about all of these things that could happen with this property. The Walton Foundation could come forward and help buy it. It could be sold at a good price to Habitat for Humanity to build homes. We hear all these things, but as a Council, we have to look at this as a land issue and only what the people are asking us for and whether we want to do it or not. We can't look at what might happen if somebody came forward with a barrel full of money to buy it because we don't have that. We have to focus on the issue at hand. There are people that think if this stays RSF-4, it will be just too expensive to develop, and it won't ever be developed. I don't like to lose trees and I'd love to have all this say together in a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 7 of 23 perfect world. The applicant has made a good faith effort to try to come up with some scenario that the Council might support. I'll be in favor of this. Council Member Scroggin: Jonathan, The Preserve. that Specialized Real Estate Group did, is contiguous with this? Jonathan Curth: Yes. It's immediately to the north. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 2-5. Council Members Scroggin and Bunch voting yes. Council Members Hertzberg, Harvey, Kinion, Wiederkehr and Turk voting no. Council Member Jones was absent. This ordinance failed. New Business: Olsson, Inc. Amendment No. 3 - 2019 Transportation Bond Project: A resolution to approve Amendment No. 3 to the Professional Engineering Services Agreement with Olsson, Inc. in the amount of $250,400.00 for additional engineering services related to the Midtown Corridor Project, and to approve a budget adjustment -2019 Transportation Bond Project. Chris Brown, Public Works Director gave a brief description of the resolution. He stated this was presented to the Transportation Committee with a recommendation to forward it to the Council. Council Member Hertzberg moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. Resolution 71-22 as recorded in the office of the City Clerk Adopt the 2022 Merit Staff Pay Plan Structure: A resolution to approve the 2022 Merit Staff Pay and Benefits Study Report prepared by the Johanson Group, and to adopt the 2022 Merit Staff Pay Plan Structure. Missy Cole, Human Resources Director gave a brief description of the resolution. She stated staff is recommending that Council approve the 2022 Pay Plan Structure, as well as a budgeted 5% merit pool for the 2022 Merit Staff Pay Adjustments and approval of a Pay Compression Study in the summer of 2022. Council Member Turk: I appreciated the seminar we had last week about this. It helped me understand a lot better about the process. I want to thank all of our employees for all the good service that they've done. One thing that demonstrates that so much is the recent sleet and 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 8 of 23 snowstorms we've had and how quickly they've been able to clear off the roads and get us back to working quickly. This is a well -deserved raise and I applaud all of our great employees. Council Member Scroggin moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. Resolution 72-22 as recorded in the office of the City Clerk 2022 City -Wide Employee Compensation Adjustment: A resolution to approve a budget adjustment in the amount of $780,000.00 to facilitate the City -Wide 2022 Employee Compensation Adjustment. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Her stated if we approve this Budget Adjustment, it will give the necessary funds in the various funds throughout the city to pay for it. He stated we have enough in the General Fund to pay for it and in the other funds he's comfortable that revenues will cover the pay plan. Mayor Jordan: Thank you to staff for their work in putting this all together. Council Member Hertzberg moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. Resolution 73-22 as recorded in the office of the City Clerk Appeal: RZN-2021-088 (N. Futrall Dr. Between Wedington Dr. & MLK Blvd./Watson): An ordinance to rezone that property described in rezoning petition RZN 21-088 located on North Futrall Drive between Wedington Drive and Martin Luther King Junior Boulevard for approximately 6.60 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. Mayor Jordan: I understand that the applicant wishes to table this indefinitely. Jonathan Curth, Development Services Director: That is correct. We have received a written request to withdraw the application. Council Member Kinion moved to table the ordinance indefinitely. Council Member Bunch seconded the motion. Upon roll call the resolution passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 9 of 23 This ordinance was Tabled Indefinitely. RZN-2022-002 (West of N. Plainview Ave. & E. Longview St./City Center North, LLC.): An ordinance to rezone that property described in rezoning petition RZN 22-002 located west of North Plainview Avenue and East Longview Street for approximately 5.85 acres from RSF-4, Residential Single Family, 4 units per acre and RI-12, Residential Intermediate, 12 units per acre 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 one of the private property owners who lives in the area is opposed to the rezoning. He stated staff is recommending in favor of the request. He stated the Planning Commission is in favor and forwarded it unanimously with a recommendation of approval. Robert Rhoads, Law Firm of Hall Estill, Representing the Applicant gave a brief description of the project. He stated the site is an ideal location to increase the entitlement beyond strictly residential uses. He spoke about the rezoning request being compatible with the surrounding areas. He spoke about trying to get in contact with the daughter of the private property owner who lives in the area but was unsuccessful with receiving a reply to his email. Council Member Turk: If I remember correctly, Urban Thoroughfare can be up to seven stories high. Is that correct? Jonathan Curth: That is correct. Council Member Turk: What is the tree preservation requirement for UT? Jonathan Curth: The tree preservation requirement for UT is 15%. Council Member Turk: I'm looking at the map and there's a residence in the southeast corner. Is that the location of the daughter who sent the email? I'm trying to make sure I know where the complaint was because it looks like that house, if we approve the change, three quarters of it will be surrounded by UT. Jonathan Curth: That is my understanding and I believe that is correct. Council Member Turk: At the southern -most end of the property that borders on the creek, looks like there's another residence. Is that true? Jonathan Curth: There is a property at 102 Plainview, which is owned by the applicant and the property that was formerly at 103 Plainview, was demolished. There was a home there previously, but it is no longer there. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 10 of 23 Council Member Turk: Thank you for clarifying that. So, the only property owner are the Millers that are in that immediate area. Mayor Jordan: Have the Ward 3 Council Members heard anything? Council Member Scroggin: No. I looked through my emails again. We can leave it on this reading because seven stories is quite a bit to approve on the first night. Council Member Bunch: I haven't heard anybody comment at all, which is surprising, but sometimes people don't catch things. It would be great to leave this on the First Reading because we haven't heard from anyone. There was a brief description about leaving it on the First Reading. Council Member Scroggin: Can we drive around that to look at it? Jonathan Curth: Correct. It is codified that properties on which zoning applications have been submitted, elected and appointed officials are allowed to go on them. Council Member Scroggin: Would we be going through just their property or would we have to go through other people's property? Jonathan Curth: You can access this property directly off of Plainview. This ordinance was left on the First Reading. RZN-2022-003 (2235 W. Wedington Dr./Pagliani): An ordinance to rezone that property described in rezoning petition RZN 22-003 located at 2235 West Wedington Drive for approximately 0.43 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 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 felt that our Access Management Standards protect both future residents on this property and the adjoining ones from any sort of traffic hazard. He stated we have not received any public comments on the request. He stated staff is recommending in favor of the proposal. He stated the Planning Commission forwarded it recommending approval 8 to 1. Lisa Pagliani, Applicant stated she and her husband, Pablo are the owners. She spoke about the area in which she is proposing the rezone. She spoke about her proposed project ideas. Council Member Harvey: Are you wanting to retain the setbacks of the RSF-4? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes March 15, 2022 Page 11 of 23 Pablo Pagliani, Applicant: Yes. We would be willing to retain the setback. A lot of those houses on our side of the road, are pretty close to the street. They are probably less than 30 feet from the road and it's something that we would be willing to maintain. Council Member Harvey: Kit, would we need that in a Bill of Assurance if we wanted to make sure that happened? City Attorney Kit Williams: First, I need to ask Jonathan about what is the setback that is set for the zone they're trying to move too. Is that a build -to line? Jonathan Curth: It is a build -to zone. Council Member Harvey, for the applicant to be able to do that, the closest they could do under the request is push the building almost 25 feet from the street. To observe the RSF-4 zoning district standards would require a request to a district that has that conventional setback, as opposed to a build -to zone. There are not any zoning districts in our code that allow duplexes, triplexes, quadplexes with a conventional setback by right. Under the current RSF-4 zoning district, they could ask for a Conditional Use Permit, but that's a long winded way of saying, there's not an opportunity with a Bill of Assurance, or otherwise, to change the zoning district under RI-12 to allow for an RSF-4 setback. Council Member Harvey: I just wanted to bring it to your attention. I'm sure you're working closely as a team to consider that. I appreciate the effort where that's coming from and wanting to consider the neighbors. Keep in mind what Mr. Curth is saying about what you can and can't do, especially if you're talking to the neighbors and letting them know if they're concerned about that. When it comes down to it, you may not be able to do that. I want to encourage you to make sure. Council Member Wiederkehr: Are you hoping to build two duplexes on your lot? Is that your goal? Pablo Pagliani: That is correct. Council Member Scroggin: Jonathan, how possible do you think two duplexes are? Jonathan Curth: I have not seen a survey of the property, but from what I've seen as far as drawing dimensions on our available parcel data, the lots width of 80 feet would not allow splitting and putting two duplexes on the property. RI-12 requires 50 feet of lot width per duplex. I think it would be very feasible to develop the property with a duplex. They are very large lots with a significant amount of depth to them. I don't know if more than one duplex could be developed. Under the recent Accessory Dwelling Unit amendment, you could build an ADU in association with the duplex for additional housing, but at this point we're getting more into iterations and potential scenarios. Council Member Scroggin: The only way I could see it is if you have duplex parking in between, and then a duplex behind it. This is kind of difficult. Pablo Pagliani: Would it be possible to put them side by side? Meaning the length of the property would basically be one access road on one side. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 12 of 23 Jonathan Curth: I think that could be possible, but it gets back to concerns of access management. Typically, in arrangements, when we see driveways with multiple units on a property, the goal is to put the driveway as close to the middle of the property as possible, so that it's not abutting your neighbors' driveways and getting close to those points of conflict. I think it's possible, but it's hard to ascertain. Pablo Pagliani: The reason I ask is because currently there is two curb cuts for that property. What we would propose is to keep the curb cut that's already existing on one side and basically cancel out the other. Jonathan Curth: It's difficult to know without seeing a specific proposal. Our Access Management ordinance gives staff much more authority to review existing driveways and curb cuts when you re -develop a property, with the idea being you're increasing the impact, the number of units, and the amount of traffic. It may be that something like that is possible, especially if it's the safest condition and location for a driveway, but I'm not comfortable saying for certain without seeing a layout. City Attorney Kit Williams: It's pretty hard to make these decisions on the fly. It might be better not to go forward tonight with this and give the applicant an opportunity to talk with Planning about your whole plans and what you would like to do. It is better to do that than try to decide tonight. We haven't surveyed it; we don't know everything about the property and what you want to do with it. Council Member Scroggin: I agree that the applicant needs a little more time to go through all their options and present it again to us. Development is hard. If we are going to rezone something, we need to make sure it meets what you all are hoping to do. Mayor Jordan: That is in Ward 4. Council Members Hertzberg and Turk, have you heard anything? Council Member Hertzberg: I have not heard any opposition. I did speak with the applicant and I think I would be in favor of this. Jonathan, there is a property nearby that is NS-L. Please tell me the similarities between that zoning and what the applicant is requesting with RI-12. Jonathan Curth: Neighborhood Services Limited and Residential Intermediate, 12 units per acre are fairly similar in their allowance of residential uses. They both allow single, two, three and four family dwellings. They have slightly more generous lot widths. You can go down to 35 feet per lot width, as opposed to 50 for single family and duplexes under RI-12. The biggest distinction is when you get into nonresidential uses. Neighborhood Services Limited allows those very small 1,000 to 3,000 square foot uses that you find, like a CPA, an architect on the office end of things, a small barber shop or a locksmith. It is getting into your small retail locations or cafes, as well. Council Member Hertzberg: When you were speaking with the applicant, do you feel this zoning would fit what they are wanting, or do you think you need more time to speak with them? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 13 of 23 Jonathan Curth: I was not privy to those conversations. I think our Planners had those and it's my understanding that this came out of those conversations. I can't say with a high degree of confidence, whether this is exactly what they need or not, but there was quite a bit of back and forth between Planning staff and the applicant. Council Member Hertzberg: Pablo, you were speaking with Jessie Masters. Correct? Pablo Pagliani: Yes. Council Member Hertzberg: Do you feel confident with your discussion with her that this meets what you guys are needing? Pablo Pagliani: Yes, basically. She recommended that we do the RI-12 if we were wanting to do two duplexes. I had drawn up plans of what that could potentially look like on the site, to meet some of the requirements based on what I knew at the time. Council Member Hertzberg: I would be comfortable moving this forward if everyone on the Council is okay with that. We should leave it up to the applicant and the staff to determine whether or not this is feasible and not get into the discussion of what's going to go in, rather what's appropriate for the land use. Council Member Turk: Council Member Hertzberg, I kind of disagree with you. I'd like to hold it on the First Reading. I don't think many people are aware of this. It would be helpful to have a firmer grasp of what is planned there and make sure the neighbors are aware of this rezoning. Pablo Pagliani: We were told to send letters to all the neighbors. I would say that the neighbors are aware. Council Member Hertzberg: Council Member Turk, would you be okay if we moved it to the Second Reading to make a little bit of progress. Council Member Turk: There's some ambiguity in terms of the discussion with the city Planners. My inclination would be to hold it here and get that sorted out. Council Member Kinion: Holding it here could be a good idea. We can still move it forward next time. Pablo Pagliani: Do you recommend that I provide some sort of sketch or plan of what I am looking to do? Jonathan Curth: As far as helping to make sure this is the best zoning district for what you want to do, yes, that would be helpful. As far as the City Council goes, their responsibility is to review the rezoning as it is on its face. They don't consider site plans and details of that nature. Mayor Jordan: That is a good point to make. Just because you might go along with the rezoning, you might not be able to get everything in there that you want to get in there. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 14 of 23 Jonathan Curth: We will follow up with the applicant. Council Member Kinion: It's nice to have time to be sure there is a mutual understanding of what this zoning means. That is where the ambiguity is in understanding exactly what the uses by right on this property is for all parties to be sure they know things like the setbacks and not just use in general. There is some room between now and next City Council meeting for everyone to get on the same page. Council Member Wiederkehr: The applicant could theoretically have an attached Accessory Dwelling Unit with the existing home and build two Accessory Dwelling Units behind that on their lot. Is that accurate? Jonathan Curth: Partially. The Accessory Dwelling Unit ordinance that was passed by Council did not include the piece for when you were on the Commission that allowed for three units. They can't do three units. That provision was removed. Council Member Wiederkehr: Thank you. This ordinance was left on the First Reading. RZN-2022-005 (3066 E. Joyce Blvd./Go Properties, LLC.): An ordinance to rezone that property described in rezoning petition RZN 22-005 located at 3066 East Joyce Boulevard for approximately 8.87 acres from R-A, Residential Agricultural to CS, Community Services; NS-G, Neighborhood Services -General; and RI-12, Residential Intermediate, 12 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated we've not heard any public comments and staff is recommending approval. He stated the Planning Commission unanimously recommended approval. Blake Jorgensen, Applicant: We submitted this project to city staff, and we were asking for a recommendation. They came with a great plan and we thought it worked well with this property. Mayor Jordan: Has Ward 3 heard anything? Council Member Scroggin: I have not heard anything. The property is pretty hilly with valleys, ups and downs. Is that correct? Jonathan Curth: It does begin to slope. As you head towards the north end of the site, it does begin to slope upward. None of it is substantial enough or has the soils associated with our Hillside Hilltop Overlay District. Council Member Scroggin: We are not worried about drainage? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 15 of 23 Jonathan Curth: Correct. Council Member Scroggin: It seems reasonable. I am glad they are parcelling it up and not just asking for the highest zone for the entire thing. They are pairing it down as you get farther away from Crossover. Council Member Wiederkehr: It looks like a paper street running north. Do we know if the applicant has intentions to develop that street and connect it to the north, eventually? City Attorney Kit Williams: That is a development issue, not a zoning issue. Council Member Bunch: I did get comments. I believe one person contacted me that was opposed to this rezoning. Mayor Jordan: Did they give you a reason? Council Member Bunch: It was about the trees, drainage, traffic and a combination of things. Council Member Turk: Jonathan, has John Scott or anybody walked that area? Are these trees significant or are they scrubby new growth trees? Jonathan Curth: I do not believe the foresters have walked the property. I did get a chance to visit them because after a site visit a week or two ago, I did notice some clearing had been done. In reviewing through street view and other historical aerial imagery, it did look like that was underbrush clearing. Forestry did comment that if there was anything above and beyond removed, there is a penalty in our Tree Preservation ordinance, but that's not been determined. The applicant has been talking to forestry about how to do tree preservation, but I don't know to what level that has gotten at this point. Council Member Turk: Now, we've got three different zoning types on this property. Please remind me, CS-20 right? Jonathan Curth: That's correct. Council Member Turk: For RI-l2, what percentage is that and then NS-G? Jonathan Curth: All of them are 20%. Council Member Turk: That makes that much easier on everybody. Council Member Kinion: It seems like there is not a lot of discussion. It seems to be appropriate as you look at the way it is zoned with the compatibility and the location. If there's not an objection, I would like to move it to the second reading. Council Member Kinion 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 16 of 23 Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Harvey: I'm interested in possibly holding this here. Do we have a reason that we need to rush it or any objections to holding it? Council Member Bunch: Does anybody want to do a tour on it? Council Member Harvey: I'm curious about it. Council Member Bunch: It's in an interesting location. Just below it is the intersection of Joyce and Crossover. There's all the stuff that is around there and then just above it, heading north, is the intersection of Zion and Crossover. It's kind of in this area that people have owned 10 or 15 acres of land and had a big house set back. It's now starting to be developed. You drive along there, and you do see the trees. I don't know if this was a field at one time. Council Member Harvey: I don't necessarily think I need a tour, unless somebody else wants a tour. I would like to have a chance to go there. I haven't driven by. This ordinance was left on the Second Reading. RZN-2021-093 (1101 N. Woolsey Ave./WRMC): An ordinance to rezone that property described in rezoning petition RZN 21-093 located at 1101 North Woolsey Avenue for approximately 0.75 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 there has been some public comments on this item, which it has not been explicitly in favor or opposed. He stated a number of concerns have been expressed about not knowing how the building on the property will be used, if it were to be rezoned. He stated staff recommends in favor of the request. He stated the Planning Commission forwarded it to City Council recommending approval by a vote of 8 to 1. Allison Quinlan Thurman, Applicant spoke briefly about trying to preserve a farmhouse that is on the property being proposed for rezoning. Council Member Turk: It's great that you are trying to restore and historically preserve an old farmhouse like that. What's the emphasis to now make it legal, codify it or continue its use? Why is the action being brought before us and has this property been grandfathered in or overlooked over the years? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes March 15, 2022 Page 17 of 23 Jonathan Curth: I can speak to the second half of the question. As far as non -conforming uses go, there are allowances in our ordinances for a non -conforming use to continue as long as it's not ceased, there's no discontinuous of it for more than six months and the use has to be comparable to what was there before. So, an office would need to become an office or something similar. I understand there may be some concern, as far as renovations. This applicant in particular has run into issues where a building's use ceases while renovations are being done, and then it causes concern or questions for reestablishing a non-conformance in the long run. Council Member Turk: That was extremely helpful. I did not understand that process. I guess a renovation could go longer than six months and then it would be in question about resuming office usage. Council Member Wiederkehr: I did receive concerns. I think the community embraces the use, the structure, and the legal non -conforming status. The only concern was by changing the zoning there, in essence, granting the potential for an expanded growing usage. Potentially impacting parking or the appearance of a traditional single family neighborhood. The only fear and concern were the ability to expand the use of the site. Council Member Turk: If the concern was that renovation would take longer than six months, could the city grant an extension of that if it took a year, that the non -conforming use of its present state could remain? How would something like that work? Jonathan Curth: I don't believe there's any relief in the code for that. City Attorney Kit Williams: The Supreme Court has said that when a City Council passes procedural or development ordinances, you must follow them, and you can't waive them. The only way to change that would be to amend the current UDC ordinance that does limit it to six months. I don't think you can do it at an ad hoc basis, you must follow the ordinances until they are amended. Council Member Turk: Thank you. Allison Quinlan Thurman: As a quick point of clarification, the use has been suspended for more than six months already. Our understanding is that the grandfather non -conforming use has already lapsed. No use other than a single family home would currently be allowed. The Cancer Support Center moved into a new construction building on the north side of town, more than a year ago. The current non -conforming use that was ongoing has lapsed, while the property was for sale. We worked with Planning to try to find the least intensive rezoning that would allow for anything that really is going to change the character of what was going on before would require a Conditional Use Permit, which would need to come back and have additional review. Something like a professional law office that has a similar daytime use to what was occurring there before would not require additional Conditional Use Permits. Council Member Turk: If the concerns of the citizens, or that Council Member Wiederkehr discussed, if we were to pass this new zoning type, would expansion be allowed or any additional parking or anything like that be allowed? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 18 of 23 Jonathan Curth: Yes. Council Member Turk: Could you elaborate on what could be allowed with the new zoning designation? Jonathan Curth: The Neighborhood Services General zoning district doesn't require keeping the building. It does sound clearly like the applicant is interested in that. I could speak more from a use standpoint, rather than a theoretical building standpoint, but the Neighborhood Services General zoning district allows single 2,3,4 family dwelling units. It allows office and retail locations with 8,000 square feet being the cap. Things like sidewalk cafes are allowed and that also factors into one reason that the applicant is concerned about the existing RSF-4 zoning district. Even under RSF-4, you could not get a Conditional Use Permit to utilize this house as offices because under RSF-4 the closest thing you can ask for is a Conditional Use Permit for a non- residential building up to 3,000 square feet. If the county records I have are correct, this house is closer to 4,600 square feet. Council Member Turk: Is a PZD or something very specific allowable within our code to limit but also address some of the issues the applicant has with the non -conforming use? Jonathan Curth: A PZD could certainly do it. I don't know that it would be that much different than the Neighborhood Services General zoning district. The PZD would have to offer a higher level of detail than our typical development code, if the concern is making sure the property stayed as close to its existing state, as it is today. Council Member Kinion: I certainly like the ideas that were presented. It does allow people that have talked to me about the historical significance of the property, in that vision, but since I've been on City Council, more than once, people had the vision. We did the rezoning and then that's not what happened in the long run. I'm not saying in this instance, but I have to be careful. I look at it as what is the worst possible development that could come in here under that zoning to impact the neighborhood, historic heritage and the integrity of the property, which people are concerned about. I do want to hold it a little bit. We can only look at the use by right and that is the only thing guaranteed when we rezone something. From what I've heard tonight it's a great vision, but it's not restricted to that vision. Mayor Jordan: Do you all want to hold this one? Council Member Hertzberg: Sure. Council Member Kinion: This is in my Ward and there is concern about the historic nature of the property. There is also concern about what could be put on this property, by right at some point. There has to be something more concrete and that's why I would like to hold it. This ordinance was left on the First Reading. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 19 of 23 RZN-2022-001 (SW of S. Razorback Rd. & W. Cato Springs Rd./Selph): An ordinance to rezone that property described in rezoning petition RZN 22-001 located southwest of South Razorback Road and West Cato Springs Road for approximately 5.99 acres from NS-L, Neighborhood Services Limited to CS, Community Services and R-A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Mayor Jordan: At the Agenda Session, Council spoke about wanting to do a tour of this next week. So, it will be held on a reading. Council Member Harvey, didn't you want to hold it and have a tour? Council Member Harvey: Yes. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated there is a Council tour planned for next Monday. He stated he had not advertised that through the Clerk yet, as to avoid any confusion it may cause to the public by sending one out yesterday, for next Monday. He stated he will be sending that out through the City Clerk's office tomorrow. He stated there is going to be Planning and Forestry staff available for that. He stated staff did find in favor of this request. He stated the Planning Commission recommended in favor as well and forwarding it unanimously. He stated they have not received any public comments Connor Threet, Crafton Tull stated we are going to use that two acres to the south for tree preservation once we do develop. He stated we don't have any plans right now for development and haven't got that far conceptually. Council Member Turk: Jonathan, as you know I won't be able to make the tour. I am delighted that hopefully a lot of people will be there. Could we get slope information included in the packet before next Tuesday? Maybe some topography about the percentage. Jonathan Curth: Certainly. This ordinance was left on the First Readinn. Amend Article XXXII Black Heritage Preservation Commission: An ordinance to amend Article XXXII of the Fayetteville City Code to change the name from Commission to Preserve Historical Black Structures and Cemeteries and to Create Black Historical Markers to Black Heritage Preservation Commission. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: Council Member Jones asked me to draft this up. He invited me to a meeting with this Commission. I attended the Commission to explain the purposes and how it would set forth in the Code. The Commission decided they would rather have a much shorter name and they chose this name proposed. I drafted up this potential code section on behalf of Council Member Jones. He's not able to attend tonight. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 20 of 23 Mayor Jordan: Is Council Member Jones on Zoom? Kara Paxton, City Clerk Treasurer: I received a message from him. He will not be here this evening. Council Member Scroggin: I assume we are going to have no unintended consequences, such as kicking the current members off, by changing the title. City Attorney Kit Williams: It's no problem at all. We are just changing the title of the Commission. All the members remain the same. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones 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 Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Harvey: Thank you for moving this forward. I know Council Member Jones will appreciate it. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. Ordinance 6543 as Recorded in the office of the City Clerk Grant Facilitator/Administrator for Fayetteville's American Rescue Plan Act (ARPA) Funds Disbursements: A resolution to fund and to request Mayor Jordan to promptly hire a Grant Facilitator/Administrator for Fayetteville's American Rescue Plan Act (ARPA) funds disbursements. Council Member Wiederkehr: Fayetteville strikes me as a uniquely lean organization. $17 million dollars in ARPA funding to review and disperse is going to require a significant amount of audit coordination and funding tracking. It is in the interest of the community, organization and the applicants that we use the ARPA funding to retain, whether as an employee or an independent contractor, services of someone who can dedicate their time to this particular function. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 21 of 23 City Attorney Kit Williams: This is asking the administration to look at this and hopefully get a Grant Administrator, so we can have a better handle on how we are handling these ARPA funds. Paul Becker, Chief Financial Officer: We are happy with that. We are going to try to hire somebody. As far as the salary, we're not sure. We will have to come back and appropriate it through the Council once we make a recommendation. We would like the option if we have trouble finding somebody, that we could look at third party contractor. We are going to look very hard at recruiting someone to do this work. Council Member Scroggin: This Grant Facilitator, are they making their own guidelines about who to approve? Is that part of their job to make guidelines? Paul Becker: We anticipate that the city administration is going to have a team and put together guidelines. As far as who's qualified or not qualified, this particular individual would be charged with the authority and responsibility of seeing that those guidelines are carried out. There is a great deal of things we need to make sure we comply with. There are a lot of rules involved here, and that person would be responsible for carrying out those rules. City Attorney Kit Williams: They won't be making their own rules. Like any other employee, there will be a job description that's developed by the administration. If it's a contract, Council will be providing what are the requirements for the independent contractor. They don't make their own rules. It'll be done as normal. Paul Becker: This particular individual would be under the jurisdiction of operations, which wouldn't be my department. My department and myself, I'm responsible for making sure we are following the legal guidelines. This particular person would be to make sure that we had operations and they were following the guidelines we have. Council Member Hertzberg: Do we have a job description yet? Paul Becker: We have not written one yet. We will ask HR to begin on the job description. The job description will be written and then we'll send it off to Johansen. They will come up with a salary range. We will post it, look for applicants and try to get somebody who is qualified as quickly as possible. This would have to be someone with federal grant experience and guidelines. Council Member Turk: I definitely support hiring a Grant Administrator. The long discussion we had a couple of weeks ago, that was a really good outcome. Before us is the fourth, Whereas, where we are still requiring the $50,000 threshold. I still have concerns about that. If there's the opportunity to have a further discussion about that threshold level in the future, that would be great. Otherwise, I would like to ask that we strike that Whereas, so we are not locked into the $50,000. I don't want to hold this up, unless we have too. Council Member Bunch: If we strike the Whereas, would that mean it was any dollar amount? Council Member Turk: I would suggest we have that discussion where we identify the dollar amount and not leave it open-ended, but we don't define it within this resolution. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 22 of 23 Paul Becker: The Whereas is general and that's not necessarily binding. We have a starting place from the Council in a range where we want to look. Whatever we do, we are going to have to come back to City Council and request an appropriation from you. At this point, it's just guidelines. We can't spend $50,000 based on this. City Attorney Kit Williams: I drafted it this way, in order for us to move forward with the Grant Administrative process, so we can hire somebody as quickly as we can. Details of the plan have not been worked out yet. The first step City Council needs to make is to ask administration to go ahead and get a Grant Administration process going. This is what we need to pass tonight. In the future, there'll be plenty of time for other discussions about the details of the plan, which have not been worked out yet. We need to get moving on this, so we can start getting these funds awarded to the nonprofits. Council Member Bunch: I would support leaving it, as it is right now and with the reassurance, we can work it out if we need too later on. Council Member Turk, are you in agreement with that? Council Member Turk: I am. I just didn't want to be completely locked in. I'm happy to leave it as is, and then we can discuss it further, later on. Council Member Hertzberg moved to approve the resolution. Council Member Wiederkehr seconded the motion. Upon roll call the resolution passed 7-0. Council Members Hertzberg, Harvey, Kinion, Wiederkehr, Scroggin, Bunch and Turk voting yes. Council Member Jones was absent. Resolution 74-22 as recorded in the office of the City Clerk Announcements: Lisa Thurber, Communications & Marketing Director: The vaccination incentive timeframe is ending this Friday. Anyone who has completed their vaccination between January 18th and May 18th can still apply through Friday. City Attorney Kit Williams: I was at the Arkansas Public Service Commission hearing today and it's going on, into tomorrow. It is about SWEPCO's requested rates and representing the City Council's request that we try to avoid the millions of dollars of investment into Flint Creek to extend its operational life another 10 years. There are some procedural issues, but we have presented that to the Public Service Commission to try to get them to allow some input from the public before SWEPCO goes ahead and invest tens of millions of dollars to make the coal plant last longer. This is really obsolete technology, right now. The current plant will operate at least into 2028 anyway, regardless of what we do. Beyond that, it seems like it doesn't make much sense to sink a bunch of money in there and then SWEPCO would come back to the Public Service Commission and say, now we want to be paid for all this money we're investing into this plant before the public has ever had a chance to ask the Public Service Commission not to have them do that. This is what we've been trying to do. The Sierra Club has been very helpful on that. I don't think we'll get any definite answers out of this particular hearing, but at least we presented that, so 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 15, 2022 Page 23 of 23 they know the city and citizens of Fayetteville are concerned about having this coal plant just last indefinitely. Kara Paxton, City Clerk Treasurer: I would like to provide an update regarding the public calendar that the City Clerk office manages. As you can see, we are now posting the calendar events out a year in advance for everything we are notified of. Each week we will verify the upcoming meetings for the next week, by removing the word tentative from them. This will ensure that the Zoom information has been included and that the meeting location has been updated. For anything else that is more than a week out, it will have the word tentative on it and is subject to change. City Council Agenda Session Presentations: City Council Tour: March 21, 2022 at 4:00 PM regarding RZN-2022-001 (SW OF S. Razorback Rd. & W. Cato Springs Rd./Selph) 11f1i/���/ R K —A16 Kara Paxton, City erk Treasure►: •;QfCgN'SN •�y �,� ,,"'�� �O�Ni 00N��•�`� 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov