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HomeMy WebLinkAbout2022-07-05 - 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 1 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 July 5, 2022 City Council Meeting Minutes July 5, 2022 Page I of 17 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 July 5, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Lioneld Jordan 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 Member Harvey, Jones, and Scroggin joined the meeting via online using a video conferencing service called Zoom. Mayor Jordan, Council Member Turk, Hertzberg, Kinion, Wiederkehr, Bunch, City Attorney Kit Williams, Deputy City Clerk Treasurer 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 Bunch arrived after roll call. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 2 of 17 Citv Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer, spoke and gave a description for the fiscal period of May 2022. He provided detailed information regarding the sales tax for the City of Fayetteville. He explained that the following taxes were higher as compared to last years budget; sales tax, building permits, alcoholic beverage tax, turnback, and fees. He also explained that due to current market information the City of Fayetteville is down when it comes to fines and donations. Paul also explained that HMR taxes are up by 15%, water and sewer fees are up by 4% and airport sales are up. Agenda Additions: None Consent: Approval of the June 21, 2022 City Council Meeting Minutes. Bid #22-36 David's Roofing Company, Inc.: A resolution to award bid 422-36 and authorize a contract with David's Roofing Company, Inc. in the amount of $95,710.50 for the repair of T- Hangar roofs at Drake Field, and to approve a project contingency in the amount of $9,571.05. Resolution 147-22 as recorded in the office of the City Clerk Arkansas Full -Time Law Enforcement Officer Salary Stipend Act of 2022 Grant (Act 224): A resolution to authorize acceptance of a grant from the Arkansas Full -Time Law Enforcement Officer Salary Stipend Act of 2022 in the amount of $771,020.00, and to approve a budget adjustment. Resolution 148-22 as recorded in the office of the City Clerk Washington County Memorandum of Agreement: A resolution to approve a memorandum of agreement with Washington County to accept funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $47,292.00 for the police department. Resolution 149-22 as recorded in the office of the City Clerk Yvonne Richardson Community Center Grant Application: A resolution to authorize an application for a 50/50 matching grant for the construction of the Yvonne Richardson Community Center expansion. Resolution 150-22 as recorded in the office of the City Clerk 113 West Mountain Fayetteville. AR 72701 (479) 575-3323 www,fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 3 of 17 Electric Motor Center: A resolution to accept a quote in the amount of $38,845.40 plus applicable taxes and freight charges from Electric Motor Center for the repair of a pump used at the Gregg Avenue Sewer Lift Station. Resolution 151-22 as recorded in the office of the City Clerk RFQ #22-01 Freese and Nichols, Inc.: A resolution to approve a professional engineering services agreement with Freese and Nichols, Inc., pursuant to RFQ #22-01 Selection #6, in an amount not to exceed $131,900.00 for services associated with the rehabilitation of the Gulley Elevated Water Storage Tank. Resolution 152-22 as recorded in the office of the City Clerk RFQ # 21-01 Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $255,000.00, pursuant to RFQ # 21-01, Selection 6, for design services associated with the replacement of a 24-inch waterline from South School Avenue to Martin Luther King Junior Boulevard. Resolution 153-22 as recorded in the office of the City Clerk RFQ 22-01 Trekk Design Group, LLC: A resolution to authorize a contract with Trekk Design Group, LLC, pursuant to RFQ 22-01 Selection #5, for a sanitary sewer evaluation survey in an amount not to exceed $428,290.25. Resolution 154-22 as recorded in the office of the City Clerk Bid # 22-39 Hutchinson Salt Company: A resolution to award bid # 22-39 and authorize the purchase of bulk crushed rock salt from Hutchinson Salt Company for $33.00 per ton for materials picked up and $88.40 per ton for materials delivered, and to authorize the use of other bidders based on price and availability as needed through July 31, 2023. Resolution 155-22 as recorded in the office of the City Clerk Bid #22-41 Trulove Dirt Works, LLC: A resolution to award bid #22-41 and authorize the purchase of truck hauling services from Trulove Dirt Works, LLC as a primary supplier and to authorize the use of other bidders based on price and availability as needed through December 31, 2022. Resolution 156-22 as recorded in the office of the City Clerk Council Member Buch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes July 5, 2022 Page 4 of 17 Unfinished Business: Raze and Removal of Structures at 2141 N Green Acres Rd.: A resolution to order the razing and removal of dilapidated and unsafe structure on property owned by Rose Mary Austin located at 2141 North Green Acres Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $33,894.00 At the April 5, 2022 City Council meeting this item was tabled until the May 3, 2022 City Council meeting. At the May 3, 2022 City Council meeting this agenda item was tabled to the July 5, 2022 City Council meeting. Billy Bryant, Senior Code Compliance Officer spoke and provided an update regarding the property. He explained that a tarp has been attached to the structure to cover the hole that was mentioned in a previous city council meeting. Mr. Bryant also explained that code compliance has been trying to work with Ms. Austin for 15 months and further explained that even if the junk and debris are moved from around the structure the structure will still be inhabitable. The structure will need extensive repair before it is habitable again. Council Member Turk, spoke and asked if the City of Fayetteville had received any contact from Ms. Austin or her representatives. Billy Bryant, spoke and answered that an email had been sent to Ms. Austin's representative and he had received no response. Council Member Wiederkehr, spoke and asked if a new bid would need to be requested. Billy Bryant, spoke and answered yes to the question. Council Member Bunch, spoke and asked to clarify the previous question regarding a new bid for the raze and removal. Council Member Wiederkehr, spoke and explained that since the property owner and her representatives had completed work on the property he felt that a new bid would reflect a lower cost on the raze and removal of the structure. Council Member Hertzberg, spoke and requested that the applicant receive 10 minutes to speak before Mayor Jordan moved on to ask for public comment. Mayor Jordan, spoke and agreed to this request. Ms. Austin, Property Owner, spoke and explained that she has not been able to totally clean out the structure due to family medical procedures. She went on to request the City Council to not vote to raze and remove her home. Ms. Austin also expressed the difficulty she has had as a senior citizen in being able to find another home to live in and to facilitate the organization of her possessions in order to move out of the structure. The City Council received 2 public comments regarding this item. 113 West Mountain Fayetteville..AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 5 of 17 Council Member Scroggin, spoke and asked a question regarding the legality of the City Council voting to allow Ms. Austin to stay in her home longer. He went on to explain that based on his review of the property it is beyond repair. Kit Williams, City Attorney: I don't think there actually is a legal risk to the City on this. Of course, on some of this, I will have to defer to public safety who have been in the house, I think. If the house was ready to fall, then delay would be something that would be very dangerous. I think if the City Council simply wishes to give the owner the kind of time, she asked for on this, I don't think that would be something that would in fact cause a liability risk for the City. I think that you all could do that. I am not saying it is the right thing to do, it is a policy question for you on what do. i also don't think that you should feel that you are forced to do it for liability reasons. Council Member Scroggin, spoke and echoed his earlier comments regarding the property being beyond repair but explained he did want to give the property owner more time. Council Member Kinion: I think what we are hearing tonight is a cry for compassion. We can look at this as an opportunity to help someone rather than to make it harder. This property has some guardians on it. We have real estate agents, a person willing to help with the outside of it, and maybe the reason we need to clean up the outside is so it would be easier for the real estate agent to move the property because it would be clean and accessible. It also helps the owner of the property until the property is sold. There is not an imminent risk right now, apparently, because it is occupied and has been occupied. I think, as a compassionate city, that I would like to extend the time. If there were no guardians to look after the property I might feel differently. I would like to see this extended for another 8 weeks. Council Member Jones, spoke and echoed Council Member Kinion's comments. Council Member Jones went on to talk about the amount of time the property owner may need in order to find a new place to live. Council Member Bunch, spoke and agreed with the two previous speakers. She went on to explain that she was in favor of giving more time to the property owner in order to get the property taken care of. Council Member Bunch explained that she felt that two more months would be an appropriate amount of time to give the property owner. Council Member Turk, spoke and agreed that two more months would be an appropriate amount of time but went on to request that the applicant work with the Code Compliance Department and other rental assistance programs in order to find another place to live. Council Member Kinion moved to table this item until the September 6, 2022 City Council meeting. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. This Agenda Item was Tabled to the September 6, 2022 City Council Meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 6 of 17 RZN-2022-021 (S. Happy Hollow Road/Black Pine Construction and Development): An ordinance to rezone that property described in rezoning petition RZN 22-021 located at 248 South Happy Hollow Road in Ward I for approximately 3.1 acres from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation. This agenda item was left on a first reading at the June 21, 2022 City Council Meeting. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke about the item and explained he had received questions about sidewalk construction and traffic calming at the previous agenda session. Mr. Curth explained the sidewalk is on the 2022 Transportation Project List but may not be able to be built until 2023. He also explained that there are currently two existing speed tables located along Happy Hollow Road, two speed cushions, and the City is currently evaluating the need for a fifth traffic calming table or speed cushion. Robert Rhoads, Attomey for Applicant, spoke and mentioned the detailed presentation that he had provided two weeks earlier. He also mentioned that this is not the first time this property has been reviewed by City Council and explained that the applicant had previously brought a rezone request to the city that was not as dense as the one currently being presented. Mr. Rhoads went on to explain that based on his understanding the new rezoning request was compatible with the 2040 plan but could not share any details about any specific plans that the applicant has since there has not been a plan made at this time. Mr. Rhoads ended his presentation by asking the City Council to make their final decision on this rezone and not to carry it over to another meeting. Council Member Kinion, spoke and explained that based on the public comment received and a review of the property it seemed that there could only be one entrance and exit for the property due to the topography. Jonathan Curth, spoke and provided clarity regarding the question that Council Member Kinion asked. He explained that currently the property only had access to Happy Hollow Road. He went on to explain the process that the City uses regarding block length standards and said that the City may require a stub out to be placed in the development to the south that would create future cross connectivity. Council Member Kinion: If there is a stub out, is that a guarantee for a street to go out that way? Jonathan Curth: Not an immediate guarantee. If you look at subdivisions in other parts of the city, if they are not developing immediately adjacent to another subdivision with existing stub outs you can see those stub outs going to empty land for months or in some cases years. The reality is the cycling in the economy, if you want to get a really big picture. There are some subdivisions that sit with no connections for many years, whereas, there are times of high intensity growth we can see those connections made within half a year of them being constructed. It is not something I can guarantee the timing on but if they are stubbed out to a property line our development code 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 7 of 17 would give staff latitude and empowerment to require connecting to the land, in this case, to the south as it develops. Council Member Bunch: How common is it to put a stub out in a subdivision? Jonathan Curth: Very common. A requirement is every 660 ft. there needs to be an opportunity for a point of connectivity. That is an eighth of a mile, a very walkable dimension, you can break down the block length. There are opportunities to get variances. The Planning Commission looks at those on a case by case basis. Council Member Wiederkehr: RSF-8 is in the area as well, it doesn't front Happy Hollow. I think a second Planning Commissioner had expressed concern simply being a deep cul-de-sac. Could you describe briefly the difference in density between the NC and RSF-8 for us? Jonathan Curth: In density terms, and at its simplest, it is 8 units per acre in RSF-8 verses 10 units per acre in Neighborhood Conservation. I could get more involved in the differences between their setbacks as opposed to build to zones. We have seen where build to zones are often preferred on sites with topography. It allows units to be built closer to the street, rather than having deeper land disturbance from the street. I believe that is one of the factors and why they are interested in that on this property. Mayor Jordan: How many public comments? Jonathan Curth: I do not know the exact count. I do know we have received comment from at least one of the nearby residents and maybe two about drainage. There is a resident that the applicant mentioned further to the southwest who spoke in favor of it. Then Commissioner Garlock emailed the Council once before expressing his concerns about the request. Council Member Turk, spoke about the property and explained her concerns regarding rezoning the property to NC. She explained that the area is full of single-family homes on modest lots and is reluctant to change the property to NC since she felt that NC would cause the area to become too dense. Mayor Jordan: Have the Council Members from Ward 1 heard anything? Council Member Harvey: My comments align with what Jonathan has received. Council Member Jones: What I have heard is very similar. Most of the comments have been due to the need for housing. Council Member Harvey, spoke and directed a question to Council Member Turk. She asked about the drainage concerns in the area. Council Member Turk: It is really, from my observation from the street, it looks like there is a pretty big dip. From the information we have been provided, it doesn't look like there is that large 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 8 of 17 of a slope. There is nothing close to 15% which is always a critical number. I could see where there could be some drainage concerns. Council Member Harvey, spoke and clarified that her earlier question was regarding the property being flat verses sloped since it is at the bottom of the hill. Council Member Bunch, spoke and called the property an unusual area and wanted to know how many structures were located on the three acre property. Jonathan Curth: I believe it is just the single-family home currently. Council Member Bunch: So, technically, if we were just to look at it and not consider how it is zoned, one house per acre is RA zoning. I don't want to get hung up on what it looks like. I would rather focus on what they are asking for and what the neighborhood is zoned. Not just that this looks like an RSF-4 neighborhood. I think if we look at it, if we had new drainage standards, stormwater runoff standards, if we look at connectivity because there is a large piece of RSF-4, open land to the south of this. I think we need housing and we need housing in this part of town. I am going to be in favor of this. Jonathan Curth, spoke and corrected his earlier response. He went on to explain that there was a house on the property that has since been demolished. Council Member Scroggin, spoke and asked if NC allow multi -family. Jonathan Curth: No, but depending on how you define multi -family, it does allow attached residential by conditional use. You can go to the Planning Commission with your site plan and building plans and build up to a four -family dwelling. Council Member Scroggin: So, without further review, it is basically single-family residential. So, we are not even changing the use, just density. I would be for this either tonight or in two weeks. Council Member Jones: I just received that some of the residents would like to request more time. They just found out that this item is going to appear. They would like to have a neighborhood meeting to discuss this in more detail. Council Member Bunch: Have they indicated when they would have their neighborhood meeting if it is tabled? Council Member Jones: They didn't say that, but they did say that they were very interested in the rezoning. I am optimistic that they can get it within two weeks. This Agenda Item was Left on a Second Reading C. Public Hearing: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 9 of 17 Raze And Removal of Structure At 2860 E. Wyman Rd.: A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Leroy H. Scharfenberg located at 2860 East Wyman Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,800.00. Billy Bryant, Senior Code Compliance Officer spoke and explained the process that code compliance goes through after receiving a complaint from the public. Mr. Bryant went on to explain that once he was notified of the complaint regarding the overgrown grass and debris located at the property, he went out to investigate the complaint. Once he arrived at the property, he documented the overall state of the property. The home was dilapidated, the grass was overgrown, and debris in the yard. Mr. Bryant explained that even though numerous attempts were made to assist the homeowner, the homeowner never fully complied with the requests. Mya Sharfenberg, Homeowner's daughter, spoke and explained that she did understand that the structure needed to be demolished. She went on to say that the plan is to clear the structure and then put a prefabricated home on the property. Mayor Jordan: How much time do you think you will need? Mya Sharfenberg: Realistically we need about 60 days to figure out where he is going to go and start the process of applying for financing. Council Member Turk: Is anyone living on the property now? Mya Sharfenberg: Yes, my dad is still living there. Council Member Turk: I am concerned about his safety if he is in the house. Mya Sharfenberg: I think that it would be fine. I would not past this winter. I think if you can give us until the end of the summer, we can find a place for him to go so we can actually demolish the structure and get that process started. Right now, he can't stay with my family, I have a two- year -old in a small apartment. My brother lives in Colorado and we are going to try to get him out there. Council Member Turk: Would you be open to having some of the City staff call you all and communicate and maybe be able to find some assistance to help you with this transition period? Mya Sharfenberg: What do you mean assistance? Council Member Turk: The City has a lot of different opportunities that maybe we could help with. It does look to me that it is unsafe, it is really hot right now. It would be nice to find some alternatives. Mya Sharfenberg: He has air conditioning. There is a livable room in there that he stays in. It would hold us over until we figure out what to do. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 10 of 17 Council Member Turk: So, there is still power into that house? Mya Sharfenberg: Yes and running water. Council Member Wiederkehr: Do you know the acreage, the size of the lot? Is your father hoping to stay there or to sell it? Mya Sharfenberg: We are hoping to stay there. It is about 2 acres I believe. Council Member Bunch: I would be willing to give them more time, but I share Teresa's concerns that with the structure in the condition that its in, if it still has electric and other utilities I don't see it as safe. I wonder about the one room that is livable with everything else in the condition that it is in. I am interested in hearing what the other Council Members are thinking on this. I am concerned about the safety of the person staying there. Council Member Scroggin, spoke and echoed the same concerns that Council Member Bunch had regarding the instability of the structure. He went on to explain that he would support giving the family an additional 60 days to implement their plan. Council Member Bunch, spoke and explained her thoughts when it came to what she expects at the end of 60 days. She went on to express her interest in receiving an update before the 60 days were over. Kit Williams, City Attorney, spoke and explained that code compliance did request to raze and remove this property themselves. However, Mr. Williams requested that it be a decision made by City Council instead of a city department. He went on to express the same concerns of Council Member Bunch and Scroggin. Council Member Turk: I have a question for the applicant. I saw the other accessory unit in the back. I think there was a car in there. Is there any other habitable area on the property that is not in the house? Mya Sharfenberg: No, really. I don't think so. If you could just give us 30 days just so we can get this process started. I didn't really know what I was walking into today. If you can just give us a little bit of time so I can jump start everything. Council Member Turk: As you can hear, the house looks pretty bad. We are worried about your dad. Are there any other options that you can think of? He could stay with a friend or someone else? Mya Sharfenberg: No, not really. Kit Williams: Do you think he can get out to Colorado in 30 days? Mya Sharfenberg: I think so. I am available for updates, if you want updates on the property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 11 of 17 Council Member Bunch: I would be willing to give them 30 days. I keep looking at these pictures and I hope it will hold up for 30 days. It is in really bad condition. Council Member Wiederkehr: I would just like to thank the daughter. As a family member surprises are always surprising. It is no easier with family than when it is with a neighbor. I would hope that my children would show up for me on short notice to represent my interest. I want to commend you for aiding your father. Council Member Hertzberg moved to table the resolution until the first meeting in August. Council Member Wiederkehr seconded the motion. Upon roll call the resolution passed unanimously. This Agenda Item was Tabled to the August 2, 2022 City Council Meeting. New Business: Stormwater and Flood Management Water Quality Projects: A resolution of intent to establish a stormwater utility for the purposes of funding needed stormwater and flood management water quality projects through a monthly stormwater fee to be paid by most property owners in Fayetteville, to request city staff to continue with analysis and supporting activities, and to approve the attached $l 99,660.00 budget adjustment. Alan Pugh, Staff Engineer spoke and provided a detailed explanation of the stormwater and flood management water quality project. Mr. Pugh said the goal of this project was to start becoming proactive instead of reactive to drainage service issues. The older parts of town need to have drainage service extended to them and Mr. Pugh is requesting for 2.5% of the City's system to be replaced annually. He went on to explain that the City needs to maintain residential detention basins instead of the individual POAs. He also explained that the numbers he provided during the agenda session presentation were based on the data collected in 2018. Currently the City has $1.5 million dollars and needs an additional $2.4 million dollars. This would bring the total annual cost for the program up to $3.9 million dollars. He also provided data on how this would affect individual customers. He said that the rate would range from $1.45 — $8.41. The actual cost to the customer will be dependent upon the amount of impervious area. He also explained that there might be a credit program to reduce the overall fee if the customer could reduce their impact to this system. He provided the example of shared parking as a potential reduction in fees. These fees will be phased in and the City is going to engage the citizens in a reach out campaign in order to bring awareness to these changes. Council Member Turk: Thank you Alan for giving the presentation. Council Member Scroggin: When would the date be that this would go into effect? Alan Pugh: This step-in action of what you are voting on tonight doesn't take any steps to implement the fee. It is a resolution of intent to implement one in the future. After this next phase 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 12 of 17 of work is done with Jacobs, we would come back and present that information to you along with a proposed ordinance to implement a fee. We anticipate this next phase of work will take us into early 2023 to get it done. It would be back in front of you around that time. Council Member Turk moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 157-22 as recorded in the office of the City Clerk Ovivo USA, LLC: An ordinance to waive competitive bidding and accept a quote in the amount of $55,334.00 plus applicable taxes and freight charges from Ovivo USA, LLC for the purchase of two macerator pumps for the Noland Water Resource Recovery Facility. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director spoke and explained the history of the macerator pumps. The pumps operate in a harsh environment and are used to break up solids into fine particles. These particles are then washed with organics that go back into the waste stream, but the inert material goes into a dumpster. This dumpster is then taken to a landfill for disposal. Mr. Nyander went on to explain that the pumps have been rebuilt several times and they have now reached the end of their useful life. Currently the most economical option is to replace both pumps and to purchase these from Ovivo USA, LLC. This is the only company that markets a package that includes both pumps. This item was heard and supported by the Water and Sewer Committee. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Wiederkehr 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 Wiederkehr seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6580 as Recorded in the office of the City Clerk RZN 22-023 (1140 N. College Ave./Parti Investments): An ordinance to rezone that property described in rezoning petition RZN 22-023 located at 1140 North College Avenue in Ward 2 for approximately 0.60 acres from CS, Community Services to UT, Urban Thoroughfare. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 13 of 17 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director spoke and explained that the applicant's request was to rezone the property from CS, Community Services to UT, Urban Thoroughfare. He went on to explain that this property was rezoned in 2019 from C-2, Thoroughfare Commercial to CS, Community Services. The property was recently sold, and the new owner would like to restore the ability to use the hotel again. Mr. Curth went on to say that city staff supports the request and it is compatible with the surrounding land uses. He also explained that this request meets the goals of the 71 B plan and aligns with the future land use map. The Planning Commission also voted in favor of rezoning this property to UT, Urban Thoroughfare. Adam Day, Applicant, spoke about the rezone request that he submitted to the city. He explained that he felt rezoning the property aligned with the City's goals for the 7 1 B Corridor Project. He went on to explain that he hopes to have this property as a mixed -use property and allow Cafd Rue Orleans to continue to operate on the property. Council Member Scroggin: Did we have any comments at Planning Commission? Jonathan Curth: No, there were no public comments at the Planning Commission. Council Member Scroggin: Any from the owner of the restaurant? Jonathan Curth: Not that staff has received. Council Member Scroggin: I think this is a reasonable place for UT. There is a lot of traffic. This is where you put UT. I don't think it makes sense in a lot of other places but this is definitely where you put UT. The goal is, hopefully, you can have the density here so you can have less density in other places. Hopefully, we can approve this. Mayor Jordan: Mark have you heard anything? Council Member Kinion: I haven't heard anything. Council Member Harvey: I would like to commend Mr. Day. It sounds like he is working with Cafd Rue Orleans and considering the veteran's hospital across the street. So that sounds really great to me. It is an urban thoroughfare project and I would love to see more mixed -use like this, residential and businesses coming together on 71. I am happy to support it. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 w. City Council Meeting Minutes July 5, 2022 Page 14 of 17 City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6581 as Recorded in the office of the City Clerk RZN 22-022 (3061 East Skillern Rd./Bearden): An ordinance to rezone that property described in rezoning petition RZN 22-022 located at 3061 East Skillern Road in Ward 3 for approximately 2.99 acres from R-A, Residential -Agricultural to RSF-4, Residential Single Family, 4 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director spoke and gave a detailed presentation regarding the compatibility of the request. After review of the area around the property and future land use staff found the request to rezone from R-A, Residential -Agricultural to RSF-4, Single Family, 4 units per acre compatible. Mr. Curth went on to provide additional detail about the area. He explained that this property and the area around it had limited connectivity and the public comments received are asking the applicant to change his request to rezone to RSF-2. Mr. Curth ended his comments by explaining that Skillern Road is a two-lane road without curb or gutter and almost no sidewalks. The sidewalks for this area will be built by the City but not until 2027. Daniel Bearden, Applicant, spoke and gave a description of why he would like to rezone this property to RSF-4. He explained that due to the current setback footage that Residential - Agricultural requires he is not able to build his home on the property due to the structure that is already located there. He went on to explain that he only plans to add one home to the property even though he is asking for it to be rezoned to RSF-4. Council Member Scroggin: We received a lot of emails that wanted RSF-2. Does that work for what you are hoping to do? Daniel Bearden: RSF-2 there is only about a five-foot difference from R-A. That will not be compatible with our plans. Also, it will not allow us to do a lot spilt of the home currently on the property. Jonathan Curth: If the applicant did want to split the property to build two homes on it. The existing home is what creates a conflict there. It basically splits the middle of the property. In RSF-2 zoning district requires 100 ft. of lot width and from what I see they have about 200 ft. of lot width. There is very little room to play with. I think there are opportunities with the recently adopted amendment to the tandem lot ordinance. Where under the RSF-4 zoning district the applicant could administratively create a tandem lot, which would afford them the opportunity to put a house behind the current house. At that point it is just a matter of getting your lot area, the lot width is not necessarily the determinant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 15 of 17 Kit Williams, City Attorney: Jonathan, is that administrative decision or is that one that would have to go to the Planning Commission? Jonathan Curth: As of the recent amendment to the tandem lot ordinance, it is administrative. There are a series of qualifications that a tandem lot must meet which is access to a street, water, sewer, and meeting zoning setbacks. Council Member Hertzberg: I don't think I would be in favor of RSF-2 because the surrounding area is mostly RSF-4. All the complaints I received were alleviated by the applicants plans that he stated to just put one home on the property. I don't have any concerns with this, and I would be willing to support this. Council Member Wiederkehr: RSF-2 would allow for a tandem lot which accomplish for the owner, what he is hoping to accomplish, he has plenty of width. He just has to determine which side of the existing house to put the driveway on. He would probably use the existing curb cut and wouldn't even need to add a curb cut. He could leave a significant amount of tree covered land covered and put his new home in the back where he has access to the greater portion of the lot. He would not have to split them equal size lots. Jonathan Curth: Tentatively yes. That is a very specific question and I don't have the detailed answers to know. I did hear the applicant have concerns regarding building setbacks which they are much higher in RSF-2 zoning district compared to RSF-4. Based on land area the tandem lot allowances, it does appear that there is room to do what you just described. Robert Rhoads, Representative of Neighbors, spoke and explained that the neighbors would like for this item to be left on the first reading. Council Member Bunch: I would support leaving this on this reading. Council Member Wiederkehr: We can't ask for a Bill of Assurance, that would be inappropriate. I believe that would present the owner with one additional opportunity to get the setbacks he desires and yet accommodate his neighbors who he has presumably informed he only plans to add the one structure. I would just mention that before we move onto the next item. This Agenda Item was Left on a First Reading. VAC 22-007 (2978 N. Old Missouri Rd./Old Missouri Land Development LLC): An ordinance to approve VAC 22-007 for property located at 2978 North Old Missouri Road in Ward 3 to vacate a portion of a utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director spoke and explained that the property was previously rezoned at the request of a developer in order to build townhomes. He went on to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteville-ar_gov City Council Meeting Minutes July 5, 2022 Page 16 of 17 explain that the developer now wanted to vacate a portion of the utility easement along the frontage as part of the development to build the townhomes. Mr. Curth provided verification that there were no public utilities within this easement and that all franchise utilities have signed off on the request. Blake Jorgensen, Applicant spoke and thanked the City Council Members for using their time to hear his request. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6582 as Recorded in the office of the City Clerk VAC 22-015 (2584 N. Candlewood Dr./Harbaugh): An ordinance to approve VAC 22-015 for property located at 2584 North Candlewood Drive in Ward 3 to vacate a portion of a drainage easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director spoke and explained that when this single- family home was built an elevated driveway and significant wall were built. The addition was not included on the building permit review, so it was not discovered that these additions conflicted with the drainage easement. The property is now owned by someone else and they are requesting to vacate a portion of the drainage easement in order to address the issue and to clean their deed. Robert Rhoads, Applicant Representative spoke and requested to have the item left on the first reading. He went on to explain that he had met with the neighbors and their representative earlier that day. He went on to explain that they all hoped to come to a mutual agreement within two weeks. The City Council received 1 public comment regarding this item. Council Member Scroggin: I am glad to hear that the neighbors are going to try to work on this item. I had a call today and it seemed like a dispute between neighbors and not a government issue. I hope that in two weeks they can come forward with something that works for both. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 5, 2022 Page 17 of 17 Council Member Bunch, spoke and echoed Council Member Scroggin's statements. Council Member Wiederkehr: Good drainage makes good neighbors. Is there a sale pending this resolution through title or the sale has already occurred, and the home is occupied? Note: Applicant did not come to the podium to answer the question. This Agenda Item was Left on a First Reading. Announcements: Council Member Wiederkehr: There was a proposed ARPA workshop for Council? Susan Norton, Chief of Staff. I hope you all received the email that the proposed date for the ARPA workshop, which will be conducted much like a budget workshop, is Saturday, August 6, 2022 from 9:00 AM to Noon. Then we will take up the items in regular council meetings after that. City Council Agenda Session Presentations: Agenda Session Presentation — Sales Tax Report, Paul Becker and Energy Report, Peter Nierengarten Agenda Session Presentation — Stormwater funding update. City Council Tour: �k Gli Y 0•gip eFAYETTEY«LE: Kara Paxton, City .rk'l're:t5 rer = — %�•S� -A N5 �, " !V 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov