Loading...
HomeMy WebLinkAbout2022-05-17 - Minutes -Council Member Sonia Harvey Ward I Position I Council Member D'Andre Jones Ward I Position 2 Council Member Mark Kinion Ward 2 Position I Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting May 17, 2022 City Council Meeting Minutes May 17, 2022 Page I of 20 Council Member Sloan Scroggin Ward 3 Position I Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position I Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on May 17, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Vice Mayor Bunch called the meeting to order. The Rules of Order and Procedure of the Fayetteville City Council authorizes City Council Members to attend, speak and vote during City Council meetings by electronic means without being physically present. Council Members D'Andre Jones, Teresa Turk, Holly Hertzberg, Mike Wiederkehr and City Clerk Treasurer Kara Paxton joined the meeting via online using a video conferencing service called Zoom. Vice Mayor Sarah Bunch, Council Members Mark Kinion, Sloan Scroggin, Sonia Harvey City Attorney Kit Williams, Deputy City Clerk-Codifier Kim Johnson, Chief of Staff Susan Norton, Communications & Marketing Director Lisa Thurber, Chief Financial Officer Paul Becker, Police Chief Mike Reynolds, Fire Chief Brad Hardin and staff members from the IT Department were present in City Council Chambers. Council Member Kinion arrived after roll call. Mayor Lioneld Jordan was absent for the entire meeting. Pledge of Allegiance Mayor's Announcements, Prtrclamations and Recognitions: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes May 17, 2022 Page 2 of 20 City Council Meetine Presentations, Reports, and Discussion Items: None Agenda Additions: Extension of City's Sewerage System near 1528 South Roberts Road: A resolution to approve an extension of the City's sewerage system beyond the city limits to property located at or near 1528 South Roberts Road. Council Member Scroggin moved to add the resolution to the agenda. Council Member Harvey seconded the motion. Upon roll call the resolution passed 7-0. Council Member Wiederkehr, Scroggin, Turk, Hertzberg, Harvey, Jones and Vice Mayor Bunch voted yes. Council Member Kinion was absent for vote. Council Member Jones, spoke and responded that he is the person who sponsored this item to be heard by City Council. Council Member Jones read the email that Ashley Fitzgerald sent to him that explained the reasons why she is now asking for this extension. The letter explained that she had reached out to the County initially but was given misinformation and did not realize she needed to bring this request to City Council in order to ask for the annexation and extension of services. Tim Nyander, Utilities Director, spoke and explained that there is a sewer line close to this address. He went on to say there are no issues with capacity at this location and that staff has no concerns or issues with this extension. Charlie Houghland, parent of applicant, spoke and explained that he would like to see the extension completed so his children can hook onto the new tap. Council Member Scroggin, spoke and asked staff what the cost is for the City of Fayetteville. Tim Nyander: The applicant would have to pay for the sewer tap and the City would come out and perform the tap. It is roughly around $425.00 for a sewer tap. Then of course impact fees would apply too. Council Member Scroggin: So, this is nominal for the City? Tim Nyander: Yes, the City would be reimbursed basically. Kit Williams, City Attorney, spoke and explained the reasons why this is a decision that the City Council had to make. The reasons he listed included the fact that the City of Fayetteville services other cities and due to this only the City Council has the authority to extend services beyond the city limits. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar_gov City Council Meeting Minutes May 17, 2022 Page 3 of 20 Jonathan Curth, Development Services Director, spoke and explained the role that the Planning Department played in the processing of this item. A lot spilt was submitted to the City of Fayetteville Planning Department. Council Member Turk: Jonathan, you mentioned that there was a leach field during the split of the property, how does that work? Is the applicant allowed to build housing on a leach field? How does that impact things? Jonathan Curth: As far as the status of the leach field, the property owner would need to answer that question. The City does not have authority to review building permits in the County. This creates a cross jurisdictional challenge when staff has the authority to review subdivisions and minor subdivisions like lot splits in a residential subdivision but not detailed plans like a building permit site plan where they typically connect to septic. If your question is what the status of the septic is, I would need to defer to the property owner or their representative. Council Member Turk: I withdraw my question since it is not pertinent to the conversation. Thank you. Council Member Hertzberg: The last time we did this it was a hardship case. Does this have similar circumstances? What would be the procedure? Kit Williams: I really can't comment on that. That is something that the applicant presents or the sponsor. I think there is some exigency here, I think they were concerned about getting it to the Council because they were going to begin building or something. The applicant or their spokesman could come up and explain the emergency part of this. Ashley Fitzgerald, Applicant: We applied for our home loan and were approved after we received the ok on the lot lines. We believed we could move forward with the build. We have our contractors scheduled to come out this week to start working on plumbing. If we were to go septic, we would have to have the land perc tested. This process could take anywhere between 4 to 6 weeks. After that approval, to get onto tap with the City, it could be another 4 weeks out. This would then delay all the other jobs. If this is approved with the City, we can start laying the plumbing. If we have to lay the plumbing in the opposite direction, then that turns our loan into a mortgage loan in April and we will have to extend our lease. Council Member Harvey: I was also able to speak with the applicants. I think that Jonathan really summed it up for us. It was a misunderstanding about the application, so I also understood that everything is full steam ahead and that plans change. It was an administrative mistake or situation. I felt like it is good to hear their case and bring it forward to City Council so that way we could listen, learn and hopefully change our processes along the way. Council Member Scroggin: I do not see interest rates going down, so I can see why they would want to lock that in. Council Member Scroggin moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www..fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 4 of 20 Resolution 105-22 as recorded in the office of the City Clerk Extension of City's Sewerage System near 903 South Baldwin Avenue: A resolution to approve an extension of the City's sewerage system beyond the city limits to property located at or near 903 South Baldwin Avenue. Council Member Scroggin moved to add the resolution to the agenda. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Vice Mayor Bunch, spoke and explained that she sponsored this item in order for it to be heard by City Council. Jerry Peyton had reached out to her and explained that all of his neighbors were on city sewer. She went on to explain the location of this property and the wishes of the applicant were to be placed on city sewer. Council Member Scroggin, spoke and asked how much this would cost the City. Tim Nyander, W&S Director: This is the same situation except the eastside of Baldwin Ave is the city limit. So, everybody on the east side is hooked up to the City sewer system. The westside, that Mr. Peyton lives on, is not. The sewer line pretty much runs in his front yard. There would be no cost to the City because the City would be reimbursed the tapping fees and any other applicable charges. Council Member Scroggin: It makes sense not to have leach lines this close to the City. Council Member Turk: Tim, I am looking at the map right now. There is plenty of sewer capacity for adding another household. Is that correct? Tim Nyander: Yes, I am sorry, I forgot to mention that. We have ample capacity there for adding another user to the line. Council Member Hertzberg: Are there any neighbors around that would want to do the same thing? Would we have capacity for them as well? Tim Nyander: There are other houses that could hook to the sewer if they request to do so. Council Member Hertzberg: Would we have capacity to do that? Tim Nyander: Yes, we would. Vice Mayor Bunch: Tim, if the resolution passes, how quickly can Mr. Peyton apply for his tap and possibly get started on this? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 5 of 20 Tim Nyander: As soon as the paperwork is signed in the Mayor's office, he will be able to go down to engineering and pay for a tap. Then he will come out to our offices and we would put it on our schedule. We will get out there just as quickly as we can. Kit Williams, City Attorney: I would anticipate that the Mayor will give his approval as soon as tomorrow. The resolution is effective immediately and once the Mayor has officially approved the resolutions that are passed tonight then they will all be effective immediately. Council Member Scroggin moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Resolution 106-22 as recorded in the office of the City Clerk Resolution to Express the City Council's Sympathy: A resolution to express the City Council's sympathy for the innocent grocery store shoppers in Buffalo, New York who were victims of a horrific racist murderer. Council Member Scroggin moved to add the resolution to the agenda. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Council Member Jones: Thank you to my fellow City Council Members for considering to pass this. I serve as Fayetteville's representative to the Racial Equity and Leadership Council of the National League of Cities. If this is passed, then I will be sending this to the National League of Cities and to the Mayor of Buffalo expressing our condolences. Council Member Harvey: I would like to thank Council Member Jones for bringing this forward on our behalf. Thank you D'Andre. Council Member Scroggin: I appreciate D'Andre bringing this forward. It is important that we call evil where we see evil. I am glad we are doing this. Council Member Harvey moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 107-22 as recorded in the office of the City Clerk Consent: Approval of the May 3, 2022 City Council Meeting Minutes Arkansas Department of Aeronautics Grant: A resolution to authorize the acceptance of a 90/10 Arkansas Department of Aeronautics grant in the amount of $135,000.00 for roof repairs to the east side t- hangars at Drake Field Airport, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes May 17, 2022 Page 6 of 20 Resolution 108-22 as recorded in the office of the City Clerk G & W Diesel Services, Inc. DB/A EVS: A resolution to approve the purchase of self-contained breathing apparatus masks, parts and rapid intervention air paks from G & W Diesel Services, Inc. d/b/a EVS in the amount of $49,249.58 plus any applicable taxes and shipping charges, pursuant to a Houston -Galveston area Council Cooperative Purchasing Contract for use by the Fire Department. Resolution 109-22 as recorded in the office of the City Clerk Hazmat Services Revenue: A resolution to approve a budget adjustment in the amount of $11,306.00 recognizing hazmat services revenue received from Washington County and increasing the related expense budget. Resolution 110-22 as recorded in the office of the City Clerk G & W Diesel Services, Inc. d/b/a EVS - 2019 Firefighting Facilities Improvements Bond Project: A resolution to approve the purchase of air cascade systems and parts from G & W Diesel Services, Inc. d/b/a EVS in the amount of $93,084.72 plus any applicable taxes and shipping charges, pursuant to a Houston Galveston area Council Cooperative Purchasing Contract, for use at fire stations #8 and #9, and to approve a budget adjustment - 2019 Firefighting Facilities Improvements Bond Project. Resolution 111-22 as recorded in the office of the City Clerk RFQ #21-01 Selection #9, Olsson, Inc.: A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #21-01 selection #9, in the amount of $201,840.00 for the development of a Lake Fayetteville water quality study, and to approve a budget adjustment. Resolution 112-22 as recorded in the office of the City Clerk Mcclelland Consulting Engineers, Inc. Amendment — 2019 Street Improvements Bond Project: A resolution to approve an amendment to the professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of $23,130.00 for additional work for the Zion road - Vantage to Crossover project, and to approve a budget adjustment - 2019 Street Improvements Bond Project. Resolution 113-22 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 May 17, 2022 Page 7 of 20 AEP/Swepco, Center/Harmon Intersection Project - 2019 Street Improvement Bond Project: A resolution to authorize a contract with AEP/Swepco for utility relocations associated with the Center/Harmon intersection project, with the amount to be paid by the City of Fayetteville not to exceed $53,630.80, and to approve a budget adjustment - 2019 Street Improvement Bond Project. Resolution 114-22 as recorded in the office of the City Clerk Garver, LLC. Amendment No. 1- 2019 Transportation Bond Project: A resolution to approve amendment no. 1 to the professional Engineering services agreement with Garver, LLC in the amount of $25,400.00 for construction phase services associated with the Archibald Yell Boulevard Improvements Project, and to approve a Budget adjustment - 2019 Transportation Bond Project. Resolution 115-22 as recorded in the office of the City Clerk Advanced Exercise Fitness Solutions: A resolution to authorize the purchase of gym equipment for the new police headquarters building from Advanced Exercise Fitness Solutions, pursuant to a Sourcewell Cooperative Purchasing Contract, in the amount of $95,178.04 plus any applicable taxes and shipping charges, to authorize future purchases on an as -needed basis through October 1, 2024, and any future renewal periods, and to approve a budget adjustment. Resolution 116-22 as recorded in the office of the City Clerk Patterson -Pope: A resolution to authorize the purchase of spacesaver mobile storage systems and shelving for the new police headquarters building from Patterson -pope and other dealers, pursuant to a Sourcewell Cooperative Purchasing Contract, in the amount of $253,919.34 plus any applicable taxes and shipping charges, and to authorize future purchases on an as -needed basis through March 25, 2024, and any future renewal periods. Resolution 117-22 as recorded in the office of the City Clerk RFQ 22-02, Connors And Winters, LLP: A resolution to authorize a contract with Conner & Winters, LLP, pursuant to RFQ 22-02, to provide legal services for public -private partnerships, negotiations, contracts, and closing documents over a 5-year period, and to approve a budget adjustment. Resolution 118-22 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 May 17, 2022 Page 8 of 20 Technology Solutions Products, Tips Cooperative Purchasing: A resolution to authorize the purchase of technology solutions, products, and services from authorized resellers, pursuant to a Tips Cooperative Purchasing Contract, on an as needed basis through March 31, 2027 and any future renewal periods. Resolution 119-22 as recorded in the office of the City Clerk Arkansas Department of Transportation and Northwest Arkansas Regional Planning Commission: A resolution to express the willingness of the City of Fayetteville to apply for federal -aid transportation alternative program funds through the Arkansas Department of Transportation and through the Northwest Arkansas Regional Planning Commission in the amount of $500,000.00 each for the transportation elements associated with the I-49 and Martin Luther King Junior Boulevard Interchange Project, and to approve a city match of $125,000.00 for each grant. Resolution 120-22 as recorded in the office of the City Clerk General Motors for Chevrolet Tahoes: A resolution to approve the purchase of twelve Chevrolet Tahoes from General Motors or its authorized dealers, pursuant to Ordinance 6491, in the total amount of $562,891.68, and to approve a budget adjustment. Resolution 121-22 as recorded in the office of the City Clerk Lake Fayetteville Regional Park Trails Grant Application: A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid recreational trails program funds in the amount of $250,000.00 for improvements to Lake Fayetteville regional park trails, and to approve a city match of $62,500.00 for the project. Resolution 122-22 as recorded in the office of the City Clerk Council Member Scroggin moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: None New Rncinecc- Nelson Byrd Woltz, LLC Change Order No. 6: A resolution to approve change order no. 6 to the contract with Nelson Byrd Woltz, LLC in the amount of $999,510.00 to provide professional 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 9 of 20 landscape architecture services for the upper Ramble and additional construction administration services for the lower Ramble in the Cultural Arts Corridor, to approve a loan of $988,070.00 from the general fund to the arts corridor 2022 bond fund to be reimbursed when the bonds are issued, and to approve a budget adjustment. Peter Nierengarten, Director of Sustainability, spoke and gave a description of the contract amendment. He provided additional information regarding the Ramble Project and explained the history of this project. He went on to explain that Nathan Foley would be using the rest of the time in further present information regarding this item. Nathan Foley, Nelson Byrd Woltz Representative, spoke and thanked Peter and the City Council for giving him time to speak about this item. He went on to talk about the Civic Plaza being on hold while the other pieces of The Ramble are completed. While he spoke, he presented a PowerPoint presentation that displayed the components as they all come together. Peter Nierengarten: Thanks Nathan. So, in conclusion the contract amendment before you this evening is for the detailed design of the construction drawings of the Civic Plaza and for construction administration of the Plaza and adjoining street scapes work. The design and construction administration work will all be completed by landscape architects from Nelson Byrd Woltz along with their team of subconsultants during the 6-month design phase and ensuing 9- month construction phase of the Civic Plaza. Council Member Kinion moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 123-22 as recorded in the office of the City Clerk Bid #22-29 Benchmark Construction of NWA, Inc: A resolution to award bid #22-29 and authorize a contract with Benchmark Construction of NWA, Inc. in the amount of $2,995,576.53 for the construction of the Archibald Yell Boulevard Improvements Project, to approve a project contingency in the amount of $300,000.00, and to approve a budget adjustment — 2019 Street Improvement Bond Project. Chris Brown, Public Works Director, spoke and provided the history of downtown Fayetteville and the Archibald Yell Corridor. He went on to explain the issues that have been identified over the years with the number one issue being traffic. Chris Brown also discussed potential solutions like improved signalization at the different intersections and changes in the number of traffic lanes. He went on and presented a PowerPoint of maps that showed the solutions being proposed. Chris also touched on the need to add additional signage as requested by Council Member Wiederkehr. Vice Mayor Bunch: Wasn't this bid several times before we got an acceptable bid? Chris Brown: Yes, this was the fourth time. It is not an easy project; it is one that we really had to listen to what our contractors were saying about construction time and the other difficulties that they had. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 10 of 20 Vice Mayor Bunch: I know several members of the public have asked why this isn't already done. I want to make clear that this process had taken time to get an acceptable bid. Kit Williams, City Attorney: I go through this intersection several times a day, so I have a couple questions. Sometimes I am going north on Archibald Yell and then turn right onto Rock Street. I am a little concern with the people coming north on College. How are you going to handle that Chris? I watch them now but it is a Iittle bit easier to turn right onto Rock Street now than what it is going to be with this diagram. Have you looked at that particular turning movement? Chris Brown: We have. We talked about it extensively, whether that needed to be restricted, ultimately, we decided it did not need to be restricted. That landscape island will be there but it will be something that the person sitting in the College Avenue northbound lane and you as a driver coming up on Archibald Yell will be able to see each other and the person who has to stop there will have to wait for that traffic to clear. That is probably one of the weaker parts of this intersection design. We feel like the sight distance is adequate there. The drivers will be able to recognize those cars that are turning as they are pulling up to the intersection. Vice Mayor Bunch: If you were to move your curser north on Archibald Yell and if he is heading north then is going to turn on Rock. Chris Brown, spoke and provided a detailed explanation of how the intersection will work by moving his curser over the map to show the flow of traffic. Vice Mayor Bunch: Right now, when you come up College Avenue you hit a wide spot in the road where you either turn left or right. Does it move the intersection on College up or does it keep it in about the same location? Chris Brown, spoke and explained the differences between what the intersection now looks like and what it will look like in the future. He went on to further explain there will be an additional lane that a vehicle can move into without worrying about the traffic coming through the intersection. Vice Mayor Bunch: The striping, did you say that area could be used for bicyclists? Chris Brown: The hatched area is what we are calling a buffer zone. That will separate the vehicular traffic from the multiuse area. That area could be used for pedestrians or bicyclists. There is a narrow sidewalk along, at least portions of this, so pedestrians could use that sidewalk as well. Again, it just creates a space there. If we go back several months to a few years ago, the discussion was that the majority we really wanted to be interim improvements, so we do not move curves and spend a lot of money on side paths. I think this layout is going to work out well and better in some cases. It does give us the flexibility to use it differently if we decide we need to in the future. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 11 of 20 Vice Mayor Bunch: So, in some point in time that demarcation line could be, if we deemed it is appropriate, we could put something more appropriate in there. Like a curb or something to protect bicyclists. Chris Brown: That is right. Council Member Scroggin: I hope we can put a curb there at some point. I understand that is not what we are looking at now. I recognize the concern of going up Archibald Yell and turning right on Rock. That would actually be a pretty low speed collision. That shouldn't be as bad as some of the collisions we see now. I know people want plans to be perfect, and I do too, but sometimes it is better to have a far better plan. A fender bender is a lot better than what we see which is head-on. I think this is a reasonable plan. I know some people are concerned about the three lanes. The capacity of three lanes are higher capacity than what is used now so we are not lowering capacity. With three lanes and a stop in the middle, hopefully, this is a far safer section of road. Council Member Harvey, spoke and thanked Chris Brown for his work and presentation on this project. She went on to say she is glad to see these changes. Council Member Jones, spoke and thanked Chris Brown. Council Member Turk, spoke and echoed what had already been explained by Council Member Scroggin, Harvey and Jones. Council Member Harvey moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 124-22 as recorded in the office of the City Clerk RZN 2022-014 (W. Velda Ct. and W. Rutledge Ln./Nicholas Corter LLC): An ordinance to rezone that property described in rezoning petition RZN 22-014 located between West Velda Court and West Rutledge Lane in Ward 1 for approximately 0.61 acres from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and provided information regarding the item. He started by explaining that this property is in Southwest Fayetteville in Ward 1. He went on to explain the applicant's request. The applicant would like this area to be rezoned from RSF- 4 to NC. Staff reviewed this request and deemed it compatible. Ricky Hill, Representative of Applicant: I can answer any questions you have. Council Member Turk, spoke about how great the tour was regarding this property that took place the day before the council meeting. She went on to express some concerns she had with this 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 12 of 20 property that included issues with water coming down off of the steep slopes, and overcrowding due to potential placements of ADUs. Jonathan Curth, responded to Council Member Turk and explained that she was correct when it came to the potential allowance of two ADUs. He also went on to provide additional information regarding occupancy restrictions. Council Member Turk, asked for clarification regarding how many homes could be placed on this property if the area was to be rezoned Neighborhood Conservation. Based on her understanding she explained there would be enough land for two single-family dwellings on this property if rezoned to Neighborhood Conservation. She went on to clarify that her understanding was that each of those potential single-family homes could also have two ADUs. Jonathan Curth, verified that Council Member Turk was correct and that this potential scenario could potentially take place. Council Member Turk, explained that she had decided not to support this request due to the topography. Council Member Harvey: Thank you Jonathan for providing the tour. On this particular property, yes it was incredibly steep. However, I am very excited to apply our new standards for stormwater management. It is going to be a very interesting design since this property is located at the top of a hill. It is a good in -fill area. With NC, can apartments potentially go in there? Jonathan Curth: Not by right, a conditional use permit would be required for anything attached. Council Member Harvey, spoke about what she had talked to the neighbor about. She went on to explain that the neighbor is fine with a single-family home being put there but not apartments. Vice Mayor Bunch: Jonathan, what about something like a duplex? How is that viewed in NC? Jonathan Curth: That would also require a conditional use permit. Council Member Harvey: So, we are considering each piece separately? Is that correct? Vice Mayor Bunch: Yes. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-1. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion and Vice Mayor Bunch voted yes. Council Member Wiederkehr voted no. City Attorney Kit Williams read the ordinance. Council Member Harvey: Before I move this item on, I wanted to mention, that I was looking and trying to figure out how to connect Rutledge to Vera. There is just no way. I left at 5:30 and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevilIe-ar.gov City Council Meeting Minutes May 17, 2022 Page 13 of 20 it took me 30 minutes to get back to my house on 151" St. I talked to the neighbors about it and asked how they get out of the property when it is high traffic. They all do that. The people that move there, it is going to be their life-style. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion: I would like to see some residential development in this area for sure. Due to the slope and the configuration of the streets, I can't support it. I think the sheer velocity of the water that is going to come down on both sides has to be considered. We do have standards to control that, but I think in this case the volume and velocity it would be hard to manage. I cannot support this. Council Member Wiederkehr: I concur. I am please with some rezoning in this area but because of the constraints for accessing MLK I can't see myself supporting all three requests. I know we are only considering this one. I just wish I knew which one was in the greatest interest and value to the applicant. I do have concerns that there is a threshold beyond which additional density on Oak Road, trying to get out, has become a safety hazard. Council Member Harvey: We will see in the other two, it was very wooded. This one is very clear. My opinion, to not have to remove any trees, would be my preference. Whenever we get to the one that has all the trees is my least preference. Council Member Turk: I just want to remind the Council; I do not know if you received a lot of flooding calls last week, but I certainly did. We continue to have a lot more rain than what we usually experienced in the previous years. Climate change is here and what it is predicted and what it is showing, we are going to have more rain. My concern about this one is only because of the slope and proximity of the neighbors. Vice Mayor Bunch: In talking with Alan Pugh, I believe his statistics showed that we are not really getting a lot more rain. It is just coming in these more extreme rain events. It just comes in more at one time. Council Member Turk: The data that I have reviewed has said that we get 6.9 more inches per year on average for the last 20 years compared to the instrument in record compared from 1900 to 2000. Certainly, this year, we've got a whole lot of rain. I agree with you the intensity is higher, but I think the volume is also higher from the data that I have reviewed. Council Member Scroggin: The data I have reviewed shows it is about the same. I have looked at rain gauges. It is happening faster when it does happen. Council Member Kinion: I am going to vote yes, on this specific parcel, but the project as a whole you will see that I will not support the other two. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 14 of 20 Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Wiederkehr, Scroggin, Hertzberg, Harvey, Jones, Kinion and Vice Mayor Bunch voted yes. Council Member Turk voted no. Ordinance 6566 as Recorded in the office of the City Clerk RZN 2022-015 (W. Rutledge Ln. and S. Oak Rd./Nicholas Corter LLC): An ordinance to rezone that property described in rezoning petition RZN 22-015 located at West Rutledge Lane and South Oak Road in Ward 1 for approximately 0.43 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single -Family, 18 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, explained that this property is attached the to property discussed in the previous agenda item. He went on to explain that the applicant is requesting to rezone this property from RSF-4, Residential Single Family 4 units per acre to RSF- 18, Residential Single Family 18 units per acre. Staff found this request to be aligned with the City's 2040 Plan and the future land use map. Jonathan also talked about the in -fill in this area and the difference in topography from the previous item. Ricky Hill, Representative of Applicant, spoke about the applicant's understanding of what the City's requirements are when it comes to drainage and other city requirements. Jonathan Curth: There was one item that was brought up at the tour specific to this site. There was a question about the canopy. There was a question on the age of it and quality. it is difficult to tell because it falls within one of our larger gaps in our historical aerial imagery. It does appear that the property may have been cleared when the subdivision was platted in the 60's or 70's but all indications are that the trees that began growing then are likely the same ones that are there today. Vice Mayor Bunch: So, on this one it is RSF-18, what would be the things that could be built on RSF-18? Jonathan Curth: By right, in RSF-18, you could build a single-family home, an accessory dwelling unit associated with it and that is the extent of by right allowances. Conditional use permits are allowed for duplexes, just like they are in RSF-4, and of course cluster housing. Council Member Harvey: i always try to wear my hiking boots when Igo on these tours. I did not sink. It was an interesting soil thing that was happening in this piece of property. Even though it has that slope, the soil was somewhat dry. I didn't see any trees that were particularly old and that is why I asked the question about the canopy. I am open to how houses can fit in here. It is nice that it is so quiet. With our housing shortage, I think somebody could have a really nice place to live among the trees. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 15 of 20 Council Member Kinion: I just want to be sure I am clear on this. It seems to be that the biggest difference is that this would allow three single-family homes with three ADUs. It is potentially going to have more impermeable surface because of that. This is going to put further strain on the streets. This is not an easy in and easy out. It is a point in safety the way I look at it. 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 7-1. Council Member Wiederkehr, Scroggin, Turk, Hertzberg, Harvey, Jones and Vice Mayor Bunch voted yes. Council Member Kinion voted no. City Attorney Kit Williams read the ordinance. Council Member Scroggin: I have a question for staff. How are we getting only three units? Because if it is 18 units per acre at 4.3 acres that seems more than 3. Jonathan Curth: You are not wrong on the density calculation. That is only one piece of the zoning standard. It is also based on street frontage for each lot. In the historic plat that we pulled suggests that they could subdivide it twice to create three lots that have adequate street frontage which is 30 feet in RSF-18 zoning district. Council Member Scroggin: If they wanted to run a street down it, which would be cost prohibitive, they could? Would they have to go through a large-scale development? Jonathan Curth: Yes. Given the required street widths and that these lots aren't terribly wide, if you were to put a street down it I think that it would end up consuming so much land that you might end up with three maybe four houses facing that street. Council Member Harvey: I have a question for Jonathan. One of the conversations that we had was with the zonings that were being proposed. The homes needed to face the street, right? Is this one of those that doesn't? Jonathan Curth: The building needs to front the street. There is a state statute that says we can't make them put their door to the street, but the zoning requirement does require the building to be closer to the street than pushed away from the street. Like a more conventional zoning district like RSF-4. It has built to zones as opposed to set backs. Council Member Harvey: Thank you. You can't make a cluster back there. It is very narrow, and we were wondering about that as well. Council Member Harvey moved to suspend the rules and go to the third and final reading. Vice Mayor Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 16 of 20 Council Member Scroggin: On the three units, if they did NC, would it change the frontage to less than three? Jonathan Curth: It would, again depending on that historic plat for the property, if it accurately represents the lot widths. NC would limit it to two units. Council Member Scroggin, spoke and clarified that this would also include two potential ADUs. Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance failed 4-4. Council Member Hertzberg, Harvey, Jones, and Vice Mayor Bunch voted yes. Council Member Weederkehr, Scroggin, Turk, and Kinion voted no. Failed RZN 2022-016 (2914 W. Rutledge Ln./Nicholas Corter LLC): An ordinance to rezone that property described in rezoning petition RZN 22-016 located at 2914 West Rutledge Lane in Ward 1 for approximately 0.41 acres from RSF-4, Residential Single Family, 4 units per acre to RSF- 18, Residential Single -Family, 18 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and gave a brief description of the item. He explained that this property is attached to the two previous properties discussed by City Council. Council Member Weiderkehr: RSF-18, allowing three single-family homes. What zoning, the lowest increase in density, would allow flag or a tandem lot on this site? Jonathan Curth: A tandem lot is allowed currently. The front half of the property could be developed with a house. As of the most recent amendment to the tandem lot ordinance a lot behind it could be administratively approved if it meets the typical standards of having adequate water, sewer, vehicular access, emergency access, their ability to put their trash and recycling containers at the street. Council Member Scroggin, spoke and requested to see the gradient map again. He wanted to view where the water access would be placed. He went on to ask about how this would affect the neighbor. Jonathan Curth: That is a good question. It depends on how they lay out the property. With the City's most recent revisions to the stormwater standards any impervious areas above 1200 square feet would trigger some sort of site improvements like retention ponds to help catch that rainwater. It is not exempted as it once would be for single family homes. I can't confidently answer that with what I see today. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 17 of 20 Council Member Scroggin: I would love it if we were building houses under 1200 square feet, people need them. I assume that is not going to happen. Thank you for the clarification. Council Member Harvey: Council Member Scroggin, there is a lot of woods and this was kind of flat and high. Out of all of them, it seems friendly. There is a house already there and hopefully the new stormwater management and ordinances will make sure all that water stays there. Jonathan Curth: As a point of clarification on Council Member Scroggin's previous comment. The land immediately to the west is also owned by the applicant. He recently acquired that as well. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Scroggin, Turk, Hertzberg, Harvey, Jones and Vice Mayor Bunch voted yes. Council Member Kinion voted no. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Vice Mayor Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion, spoke about his previous comments. He went on to explain remorse that he was not able to attend the site tour. Council Member Kinion provided additional information and explained that he had changed his mind about this rezoning and would be voting yes. Council Member Harvey: It was very helpful to go on the tour. The houses are very spread apart, and they are very large lots. When you go in there it feels very wooded, you can't see all of them, but it is nice that they can bring a mix of housing to that area. If someone had children, they would be able to have kids on that street. Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion and Vice Mayor Bunch voted yes. Council Member Wiederkehr voted no. Ordinance 6567 as Recorded in the office of the City Clerk RZN 2022-018 (1320 E. Huntsville Rd./ Martens): An ordinance to rezone that property described in rezoning petition RZN 22-018 located at 1320 East Huntsville Road in Ward 1 for approximately 1.20 acres from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate -Urban. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 18 of 20 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and explained that this property is in Ward 1 in Southeast Fayetteville. He went on to explain that this area has single-family homes located in it. This request would change this property from RSF-4, Single -Family four units per acre to RI-U, Residential Intermediate Urban. Staff and the Planning Commission agreed and found that this request is compatible with existing land use and long-range plans. Council Member Turk: Jonathan, could you explain a little bit more about the access management? If this is approved with RI-U, would there be no allowable additional curb cuts? What are the potentials there? Jonathan Curth: That's a great question. It is a tiered answer. Our access management standards are all about the type of use proposed on a property and the classification of street that the property is accessing. The higher classification of street suggests a higher volume of traffic, which would suggest there should fewer curb cuts on that street to reduce the number of interactions. Taking this piece of property, it is located on Huntsville Road, which we classify as a neighborhood link. Using former terminology, it was a collector street. So, it is a mid -tier street. If the property was to be rezoned and developed, given its approximately one to two -hundred street frontage. It is likely it would only be allowed to have a single curb cut because our standards for streets like Huntsville Road. You must have a minimum of 100 ft. of curb cut separation. Typically, on a property like this, we like to see it placed as close as possible to Erika Ave. Creating that predictable interaction with the street. Council Member Turk: Theoretically, if this was approved with RI-U, the existing driveway could be moved? Or the curb cut re -centered, but it would still be just one curb cut because of the width of the frontage. Do I have that right? Jonathan Curth: That is correct. I have not had an opportunity to evaluate as it relates to other curb cuts. It is possible that given this property has about one to two hundred feet of frontage. There could be two on the property but given how close the curb cuts are offsite to this property it is very likely it would just be one. Council Member Turk: Thank you Jonathan. I appreciate it. Council Member Harvey: Thinking about it as a second tiered street, that growth is going to happen. I noticed that it is two or three family homes, cluster homes, and I think it is going to be a great place to put more housing. Of course, we have the Hilltop Overlay District, so there will be a lot of protection for that steep area. Jonathan Curth: That is correct. The Hilltop Hillside Overlay District does have some heightened standards. The most prominent ones, when we discuss it with the public, are about tree preservation. There is a five percent additional canopy requirement. The one that people usually pay attention to in the pocketbook, it requires much more robust building footings to address those expansive soils. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 19 of 20 Council Member Harvey: There is one building on the property, is that correct? Jonathan Curth: There is one dwelling, I believe there are several outbuildings. I think there is a garage and maybe one other outbuilding. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: I just wanted to point out that Jonathan showed the slope that was over fifteen percent on the west side. It is in the Hilltop Hillside Overlay District but slopes over fifteen percent are problematic. I will not be supporting this because of that slope issue. Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Member Wiederkehr Scroggin, Hertzberg, Harvey, Jones and Vice Mayor Bunch voted yes. Council Member Turk and Kinion voted no. Ordinance 6568 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff, spoke about the summer concert series located in Gulley Park starting June 91h, 2022. She also reminded everyone about street closures that will be happening in the upcoming week due to the Joe Martin Stage Race. Jonathan Curth, Development Services Director, spoke and provided a short-term rental reminder for the startup period. Applications were due by the Saturday following the City Council meeting. Council Member Harvey, spoke and provided a reminder about the upcoming Ward 1 meeting scheduled. Ci Council Agenda Session Presentations: City Council Tour: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 17, 2022 Page 20 of 20 Nicholas Corter, LLC Rezoning Tour (Agenda Items 2022-0395, -0397, and 0398) Date: May 16th, 2022, Time: 4:30 PM, Address: Unaddressed; West end of W. Rutledge Lane, Parking: Parking is available on -site and on -street at the west end of Rutledge Lane. Request: Rezone three parcels totaling approximately 1.45 acres from RSF-4, Residential Single -Family, 4 Units per Acre, to NC, Neighborhood Conservation and RSF-18, Residential Single -Family, 18 units per acre. �0 %M111r'f►y 'r,1TY0■ Kara Paxton, City r Treasur r =�, �aYE iEVILr.E if/iit 1 ■ ■ • �1 '� +I��� liltll ►S�� 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov