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HomeMy WebLinkAbout2023-03-21 - Minutes -Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward i Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Parton City of Fayetteville Arkansas City Council Meeting March 21, 2023 City Council Meeting Minutes March 21, 2023 Page i of 12 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on March 21, 2023 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Harvey, D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Jones joined the meeting around 5:35 p.m. after Roll Call had been taken. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report: Council Member Harvey presented the report. She recommended in favor of the appointments. There was discussion of how public comment was not taken for Nominating Committee Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 21, 2023 Page 2 of 12 Council Member Bunch moved to approve the Nominating Committee Report as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions: None Consent: Approval of the March 7, 2023 City Council Meeting Minutes. APPROVED Tree Escrow Payments: A resolution to approve a budget adjustment in the total amount of $101,992.00 to transfer a tree escrow balance for the planting of mitigation trees in various locations throughout the City of Fayetteville. Resolution 67-23 as recorded in the office of the City Clerk G.W. Van Keppel Company: A resolution to authorize the purchase of a Street Sweeper/Broom from G.W. Van Keppel Company for the amount of $66,877.00 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Resolution 68-23 as recorded in the office of the City Clerk Lewis Ford of Fayetteville: A resolution to approve the purchase of five ford vehicles from Lewis Ford of Fayetteville in the total amount of $191,058.00, pursuant to a state procurement contract, and to approve a budget adjustment. Resolution 69-23 as recorded in the office of the City Clerk Petroleum Traders Corporation: A resolution to award Bid #23-18 and approve a one year contract with Petroleum Traders Corporation for bulk fuel purchases with automatic renewals for up to four additional one year terms. Resolution 70-23 as recorded in the office of the City Clerk Donation Revenue From Friends of YRCC: A resolution to approve a budget adjustment in the amount of $22,126.00 representing donation revenue from Friends of YRCC to fund the 2023 programs offered at the Yvonne Richardson Community Center. Resolution 71-23 as recorded in the office of the City Clerk RFP 22-11, Ray Klein, Inc: A resolution to award RFP 22-11 and authorize a one year contract with Ray Klein, Inc. d/b/a Professional Credit Service for account collection services with automatic renewals for up to four (4) additional one year terms. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 21, 2023 Page 3 of 12 Resolution 72-23 as recorded in the office of the City Clerk Surfco Restoration & Construction, LLC: A resolution to approve a three year lease agreement with Surfco Restoration and Construction, LLC for office space in the Airport Terminal Building at 4500 South School Avenue for rent in the amount of $1,000.00 per month. Resolution 73-34 as recorded in the office of the City Clerk Amendment 3, Hawkins Weir Engineers, Inc.: A resolution to approve Amendment No. 3 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in the amount of $80,660.00 for additional services associated with the project to alleviate flooding near the North College Avenue and East Sunbridge Drive intersection, and to approve a budget adjustment— 2019 Drainage Bond Project. Resolution 74-23 as recorded in the office of the City Clerk Construction Manager at Risk Services Contract with Crossland Heavy Contractors: A resolution to authorize a Construction Manager at Risk Services Contract with Crossland Heavy Contractors, Inc., in an amount not to exceed $38,950.00, pursuant to RFQ 23-02, for the Lake Fayetteville Softball Improvement Project. Resolution 75-23 as recorded in the office of the City Clerk 2023 Justice Assistance Grant (JAG) Award: A resolution to authorize acceptance of the 2023 Justice Assistance Grant Award in the amount of $124,499.00 to provide funding for the Fourth Judicial District Drug Task Force. Resolution 76-23 as recorded in the office of the City Clerk Fayetteville Advertising & Promotion Commission: A resolution to approve a 10 Year Lease Agreement with the Fayetteville Advertising and Promotion Commission for the Town Center and Town Center Parking Deck. Resolution 77-23 as recorded in the office of the City Clerk Titan Lawn and Landscape Contract Amendment: A resolution to approve an amendment to the contract with Titan Lawn and Landscape, LLC in an additional amount not to exceed $150,000.00 to provide trash and removal services from unsanctioned camp sites on City property along the trail system and adjacent properties as needed, and to approve a budget adjustment. Resolution 78-23 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteviIle-ar.gov City Council Meeting Minutes March 21, 2023 Page 4 of 12 Unfinished Business: RZN 23-002: (SE of N. Gregg Ave and W. Elm St/Legacy Ventures LLC, 367): An ordinance to rezone that property described in rezoning petition RZN 23-002 located southeast of North Gregg Avenue and West Elm Street in Ward 2 for approximately 1.71 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre and RI-U, Residential Intermediate -Urban. At the March 7, 2023 City Council Meeting, this ordinance was left on the First Reading. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jessica Masters, Development Review Manager spoke of the tour of the property and the items of discussion. She stated the applicant had submitted a Bill of Assurance and noted there could be the need for an access management variance. She stated the public comment received was mostly opposed to the request with concern for tree removal, degradation of wildlife, exacerbation of dangerous traffic conditions, increased density and no assurance the housing would be affordable. She stated Brian Teague and Tim Brisiel were available as the applicants. Brian Teague, Representative believed the proposal was compatible with surrounding properties and that there would not be any measurable traffic impact. He gave a brief presentation showcasing what they intended to build on the property. He briefly spoke of his meeting with the neighborhood and addressed a concern that was voiced in regard to selling the property by stating they had no intent to sell and were offering the Bill of Assurance to alleviate the concern. Mayor Jordan questioned if City Attorney Kit Williams drew the Bill of Assurance up today. City Attorney Kit Williams stated we had received the Bill of Assurance today. He explained that to accept the Bill of Assurance, the council would need a motion to amend the current ordinance to the revised ordinance he provided. Council Member Turk asked if the cluster housing development ordinance could be explained. Jessica Masters explained what cluster housing development meant and stated it was a by -right allowance in both of the zoning districts to build cluster housing. Council Member Turk: When you say both of these zoning districts are you talking about the RI-12, the RI-U and the RSF-4 as well? Jessica Masters: Correct, it's conditional in RSF-4 and by -right in RI-12 and RI-U. Council Member Bunch moved to amend the ordinance to add the Bill of Assurance. Council Member Hertzberg 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 March 21, 2023 Page 5 of 12 Council Member Turk questioned how many houses could be built in each section on the site. Jessica Masters stated there could potentially be nine units in the RI-12 portion and she estimated around the same amount for RI-U. Council Member Turk: It's 1.32 acres for RI-12, so you would be able to get nine units on there? Jessica Masters: It looks like the RI-12 portion is .76 acres and the RI-U portion is .95 acres. Council Member Turk was looking at the Bill of Assurance and was not sure which was correct. Jessica Masters stated the Bill of Assurance followed different boundaries than the zoning legal descriptions. Council Member Turk spoke of how the two documents were different and didn't line up. Brian Teague explained how the zoning legal descriptions were based off a survey that was based off a property line adjustment and the Bill of Assurance included Washington County records. He stated the two documents had a .09 acre difference. Council Member Turk was still unclear on what the total acreage for RI-12 and RI-U was. Brian Teague stated that for RI-12 it was .76 acres and for RI-U it was .95 acres. City Attorney Kit Williams questioned what the number of units in each of the zones would be. Brian Teague stated the RI-12 area would possibly be nine houses and RI-U would be eleven or twelve. Council Member Turk questioned if the RI-U portion would be single family units or triplexes. Brian Teague stated it would be mixed. He explained the triplexes would face onto Gregg Avenue and the remainder units would be single family homes. The City Council received 2 public comments regarding this ordinance. Council Member Bunch requested the name of a citizen during public comment. Margaret Conner, 102 East Elm Street stated she went by Peggy. Council Member Turk was intrigued the neighborhood wanted to continue discussion. She would be willing to move to hold the item if the applicant would consider the neighborhoods requests. Brian Teague stated they created the Bill of Assurance to ease the neighbors concerns. He would like to advance forward with the request. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 21, 2023 Page 6 of 12 Mayor Jordan questioned what the Council Member's from Ward 2 thought about the proposal. Council Member Wiederkehr commended the neighborhood and the developer. He expressed concern for the potential drainage issues on the site and for the infrastructure requirements. Council Member Moore appreciated the neighbors of the community and applauded the developer and the architect for trying to come to a conclusion together. She spoke of the ground water in different areas of Fayetteville and how we were getting more sophisticated at taking care of it. She had received follow up from members of the public in the area who were supportive of the project and noted that we needed increased density. She would be in support of the request. Council Member Bunch noted the Bill of Assurance designated the site as two pieces of property. She understood that the piece that bordered Gregg Avenue would have triplexes and the one by the neighborhood would have single family homes. Jessica Masters agreed. She stated the 1.32 acres in the back would be limited to cluster housing single family and then spoke of the area that was not restricted to the Bill of Assurance. Council Member Bunch appreciated the developer for attaching the Bill of Assurance. She noted there were apartments and older duplexes along Gregg Avenue and liked the transition. She did not know if the council had ever had a time before where a neighborhood came to terms with a developer and everybody was on board for the project. City Attorney Kit Williams agreed it was rare to have a complete agreement between all parties_ Council Member Bunch believed the builders had tried to come up with a compromise that would be fitting with the neighborhood. She noted a lot of the issues would be resolved once the proposal got to Large Scale Development. She believed we needed housing and that the proposal would be a good compromise but she was concerned about the drainage on the property. Council Member Turk was concerned about drainage and noted there were wetlands and a stream on the site. She commended the developers for their Bill of Assurance and for meeting with the neighborhood. She stated the developers could currently build on the property under RSF-4, so it was not currently unavailable for development. She believed the high density development being requested would cause drainage issues. She briefly spoke of climate change and stated she would not be in support of the item. Council Member Berna applauded the neighborhood and the developer. He understood the neighborhoods apprehension. He believed it would be best to hold the item and look at it again at a future date. He believed that if given more time to talk things through, the neighborhood and developers could come together with a positive development on all sides. Council Member Harvey thanked Jessica Masters for holding the tour of the property. She noted the property had no dry spots during the tour and that it was very swampy. She questioned if there was a point during the process of development that it might be determined that the land was considered protected and what would happen if so. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 21, 2023 Page 7 of 12 Jessica Masters stated the development would come through as a Large Scale Development and would have to show adherence to our drainage criteria manual. She explained that since there were hydric soils on the site, it could indicate presence of wetlands so they would need to identify those areas and mitigate for that. She stated the Engineering Division would review the standards to ensure everything met ordinance before it was approved by the Planning Commission. Council Member Harvey: Could it effect the development if it was deemed to be protected? Jessica Masters: Yes. Council Member Harvey would like to let a citizen, Margaret (Peggy) Conner, who spoke during public comment know there would be more opportunities for public input along the way. Jessica Masters spoke of how the City Council would make the determining factor on the proposal and explained the processes along the way that could receive additional public input. Council Member Harvey questioned what the notification for a hearing would look like. Jessica Masters stated that with a Large Scale Development, the developer would have to publicly notify through a posted sign and written notification through letters. There was brief discussion over what reading the item was on. Mayor Jordan stated the council could leave the item where it was for two weeks, table it or go to the third reading and vote on it. Council Member Bunch questioned that if the item did not pass, what would be the timeframe that the developer could reapply. Jessica Masters stated the typical time period would be twelve months for the same request. Council Member Bunch: I would be in favor of holding it on this reading for two weeks. There was brief discussion of holding the item for two weeks. Council Member Hertzberg was okay with holding the item. She was concerned with the RI-U zoning and would like to see if it was possible to make the top portion of the site less dense. Council Member Turk requested a new map that outlined where the Bill of Assurance would apply and where the different zoning's on the site would be. City Attorney Kit Williams spoke of how the applicant did not have much time to put the map together and he believed in two weeks the council would get a nicer map. Council Member Turk questioned if Development Services ever protected land from being built on or if developers just chose not to build due to the amount of work needed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar. gov City Council Meeting Minutes March 21, 2023 Page 8 of 12 Jessica Masters stated there had been developments that hadn't been able to move forward possibly due to issues they encountered during the Development Review process. She stated that if hydric soil was present, the developer would have to get a report from an environmental professional summarizing the existence of wetlands. She stated that if wetlands were present, then a determination of jurisdiction would have to be required at the time of development submittal. Council Member Turk questioned if the time for the developer to apply for the wetlands would be now. Jessica Masters: As far as I know, yeah. If they haven't applied for anything recently they would probably be starting from the beginning would be my guess. Council Member Bunch encouraged the Council Member's to view the map of Fayetteville and think about how much of the city was still zoned RSF-4. She briefly spoke of RSF-4 zoning and believed it would be a challenge the council would continue to face. This ordinance was left on the Second Reading. New Business: Fayetteville Fire Department Incentive Plan: A resolution to approve the Fire Department Incentive Plan, and to approve a budget adjustment. Missy Cole, Human Resources Director gave a brief description of the resolution. She stated staff recommended approval of the plan and Paul Becker, Chief Financial Officer, was available to discuss the financial side. She stated Thomas Good, Assistant Chief, was available as well. Paul Becker, Chief Financial Officer stated the cost of the proposal would roughly be $400,000.00 this year and $500,000.00 annually. He stated that when he incorporated that with the other pay plan council approved it would take a 9.23% increase in sales tax to balance the revenues with expenditures. Thomas Good, Assistant Chief was available for questions. The City Council received 1 public comment regarding this resolution. Council Member Berna moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 79-23 as recorded in the office of the City Clerk RZN 23-003 (1275 N. Gregg Ave/Pathway Baptist Church, 405): An ordinance to rezone that property described in rezoning petition RZN 23-003 located at 1275 North Gregg Avenue in Ward 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 21, 2023 Page 9 of 12 2 for approximately 2.24 acres from RMF-24, Residential Multi -Family, 24 units per acre to RMF- 40, Residential Multi -Family, 40 units per acre. City Attorney Kit Williams read the ordinance. Jessica Masters, Development Review Manager gave a brief description of the ordinance. She stated staff found the request to be compatible with the surrounding mix of uses in the area. She spoke of how the request was compliant with the future Land Use Map and the infill rating was a ten. She noted the tree canopy coverage would be the same between the two zoning districts. She spoke of the public comment received for the request, with one being in support but none being in opposition. She stated that staff and Planning Commission recommended approval of the request with a vote of 8-0-0. She stated Nathan Crouch was available as the applicant.. Nathan Crouch, Applicant stated he was available for questions. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6652 as Recorded in the office of the City Clerk RZN 23-004 (2910 N. Old Wire Rd. / Van SCYOC, 255): An ordinance to rezone that property described in rezoning petition RZN 23-004 located at 2910 North Old Wire Road in Ward 3 for approximately 14.70 acres from RSF-4, Residential Single -Family, 4 units per acre and R-A, Residential Agriculture to R-A, Residential Agriculture and NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Jessica Master, Development Review Manager gave a brief description of the ordinance. She stated there would be an increased density allowed, the tree canopy would decrease to 20% and that the infill rating on the property was five. She stated staff and the Planning Commission recommended approval of the request with a vote of five and two, with one commissioner recusing. She received one public comment in support of the request but multiple were opposed because of concern for drainage, flooding, traffic, density and insufficient schools. She noted Blake Jorgenson was available as the applicant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 21, 2023 Page 10 of 12 Blake Jorgenson, Applicant stated they were trying to realign the floodplain boundary to be R-A and everything outside of that to be NC. He explained that 5.49 acres would be R-A and tree preservation, which would total 35% and be above what was required. He spoke of the proposed NC zoning and stated the density allowed in that zoning would not be achievable due to additional things such as right-of-way being calculated during development. He understood the infill rating was low and noted the amenities near the area. Council Member Turk questioned how many acres were being requested for the NC portion. Jessica Masters: The NC portion would be 9.54 acres and the R-A portion would be 5.75 acres. Council Member Berna asked if the applicant had an idea of the number of units to be built. Blake Jorgenson explained the additional things to consider that would hinder the total amount of lots that were allowed under the zoning, 80, to only possibly 55 lots being built. He briefly spoke of the zonings, the impervious surfaces and the storm drainage. The City Council received 7 public comments regarding this ordinance. Council Member Berna received numerous emails in opposition to the request. He wanted to hold the item so the developer and neighbors could come to a solution. Council Member Hertzberg believed the current and proposed tree canopy requirements were similar, if not the same. Jessica Masters stated the requirements were similar but it would decrease from 25% to 20%. Council Member Turk stated one of the public comments was in regard to procedural issues. She requested for Jessica Masters to investigate to ensure we followed the rules. Jessica Masters stated staff evaluated the public notification process and found that the applicant was compliant with requirements for public notification. Council Member Turk asked if the address of the owner was there that was required. Jessica Masters stated she had someone on the list of individuals who were contacted with the same last name as the citizen who spoke during public comment. Council Member Wiederkehr complimented the community. He spoke of how storm water was going to be an expensive issue to deal with going forward. He spoke of the upcoming City Council retreat and how storm water and zoning code would be discussed. He believed RSF-4, as currently defined, might not make societal, environmental or financial sense moving forward. He believed there were appropriate cautions and concerns expressed. Council Member Berna acknowledged the concern spoken during public comment in regard to school issues but did not believe that was something the City Council had control over. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 21, 2023 Page 11 of 12 City Attorney Kit Williams explained the school issues were handled by the School District Board. He stated the board would look at what the City Council was doing and apply that to figure out where they would need to enlarge or add another school. Council Member Bunch tried to look at rezoning's from the perspective of thinking if it would create unsafe traffic conditions. City Attorney Kit Williams stated that traffic was an acceptable issue that could be looked at. Council Member Bunch stated drainage was something else she looked at as well. She explained how once something got rezoned the street would be looked at as well to see if a stop light or turn lane would need to be added. She questioned if that was a determination made when the development was proposed. Jessica Masters: That's correct. Council Member Bunch asked what type of commercial application could be in the NC zoning. Jessica Masters: NC is strictly residential. Council Member Bunch: Okay. Does it allow for apartments? Jessica Masters: It does not by right, no. Council Member Bunch: So, it only allows for single family? Jessica Masters: Correct. Council Member Bunch stated that both the RSF-4 and NC zoning's were single family homes next to single family homes. She spoke of how the zoning would not allow for commercial use and apartments. She had concerns for the tree canopy, traffic and drainage. She questioned if there was any way the land in the R-A zone could be developed. Jessica Masters did not believe it likely that much would get development in the R-A area due to the streamside, floodplain and lack of street frontage. Council Member Bunch spoke of all the things she took into consideration when looking at a property. She briefly spoke of the schools nearby being overpopulated. Council Member Turk requested information on the number of accidents on Old Wire Road before the next City Council Meeting. Council Member Bunch requested information on the level and type of accidents that had happened on Old Wire Road, including the car counts for the intersection. This ordinance was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 21, 2023 Page 12 of 12 Announcements: Susan Norton, Chief of Staff reminded everyone about the Bulky Waste Spring cleanup dates. City Council Agenda Session Presentations: Department of economic vitality update - Devin Howland Update on the ARPA childcare program - Yolanda Fields City Council Tour: Tour of Properties that are Subjects of Agenda Items (2023-450 and 2023-502) Adiournment: 7:35 p.m. ���tirsir�rq� 'FAYr Kara Paxton, City C rk Treasurer �:F�'L1 ff � O + i�N.,J11i►1E''��� 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www. fayettevi lle-a r- g ov