Loading...
HomeMy WebLinkAbout2023-04-04 - Minutes -Council Member Sonia Harvey Ward 1 Position i Council Member D'Andre Jones Ward 1 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 Paxton City of Fayetteville Arkansas City Council Meeting April 04, 2023 City Council Meeting Minutes April 04, 2023 Page 1 of 17 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 April 04, 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, Senior Deputy City Clerk Treasurer Jackson Shelton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Bunch arrived after Roll Call at 5:38 P.M. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Advertising and Promotion Commission Appointment Ratification Council Member Harvey presented the report and recommended in favor of the appointment. Council Member Harvey moved to approve the Advertising and Promotion Commission Appointment Ratification. Council Member Turk seconded the motion. Upon roll call the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 2 of 17 motion passed 7-0. Council Members Harvey, Jones, Moore, Wiederkehr, Berna, Turk and Hertzberg voting yes. Council Member Bunch was absent during the vote. Monthly Financial Report Paul Becker, Chief Financial Officer gave a brief summary of the report. He spoke of how sales tax was an indicator of the city's ability to fund salary increases and that it was up 9.22%. He stated we were up in total revenue about 8.1 % in the General Fund. He spoke briefly about the other funds. He stated the Street Fund was starting to level out and that we were flat compared to budget. He stated that we were up 7% in the Parking Fund. He stated the Water and Sewer Fund was flat. He stated Trash and Recycling was down 10% from what was expected because a transfer station was down for most of the month of February. He stated Airport sales were up roughly 30% compared to last year. He believed we looked good through the month of February. Agenda Additions: None Consent: Approval of the March 21, 2023 City Council Meeting Minutes APPROVED WER Northwest Arkansas, PLLC: A resolution to approve a professional Architectural Services Agreement with WER Northwest Arkansas, PLLC, pursuant to RFQ #22-10, in the estimated amount of $39,000.00 for full architectural design services related to multiple city facilities improvements. Resolution 80-23 as recorded in the office of the City Clerk Additional FTE Position and Budget Adjustment for Department of Economic Vitality: A resolution to authorize the addition of a full time equivalent position to the Economic Vitality Department, and to approve a budget adjustment. Resolution 81-23 as recorded in the office of the City Clerk Stribling Equipment: A resolution to waive competitive bidding and authorize the purchase of inspection and repair services from Stribling Equipment to inspect and repair various equipment as needed through the end of 2023. Resolution 82-23 as recorded in the office of the City Clerk Williams Tractor, Inc: A resolution to approve the purchase of a Bobcat S64 Skid Steer from Williams Tractor, Inc. in the amount of $53,036.30, plus any applicable sales taxes and freight 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 04, 2023 Page 3 of 17 charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment. Resolution 83-23 as recorded in the office of the City Clerk Downeaster Manufacturing: A resolution to waive competitive bidding and accept a quote in the amount of $41,043.72 plus any applicable taxes and freight charges, for the purchase of four salt spreaders from Downeaster Manufacturing for use by the Transportation Department. Resolution 84-23 as recorded in the office of the City Clerk Arkansas Municipal Equipment: A resolution to accept a quote in the amount of $628,709.11 plus any applicable taxes and freight charges from Arkansas Municipal Equipment for the purchase of one Peterbilt refuse truck and one Freightliner refuse truck, pursuant to a Sourcewell cooperative purchasing contract. Resolution 85-23 as recorded in the office of the City Clerk Contract Amendment DFI Technologies: A resolution to approve an amendment to the contract with DFI Technologies, Inc. to provide for the purchase and warehousing of envelopes in an amount not to exceed $42,037.00 in 2023. Resolution 86-23 as recorded in the office of the City Clerk Contract Amendment GTS, Inc: A resolution to approve Amendment 1 to the contract with GTS, Inc. in the amount of $59,406.31 to provide for additional materials testing services for the replacement parking deck, and to approve a budget adjustment- 2019 Cultural Arts Corridor Bond Proj ect. Resolution 87-23 as recorded in the office of the City Clerk Arkansas Historic Preservation Program (AHPP) Grant: A resolution to authorize Mayor Jordan to sign a grant agreement accepting a Certified Local Government Grant through the Arkansas Historic Preservation Program in the amount of $20,370.00 for the preparation of a historic context statement for the University Heights and Haskell Heights Neighborhoods, and to approve a budget adjustment. Resolution 88-23 as recorded in the office of the City Clerk Creamer Pilot Services, LLC Lease Agreement: A resolution to approve a three year lease agreement with Creamer Pilot Services, LLC for office space in the Airport Terminal Building and corporate hangar space at 4500 South School Avenue for rent in the amount of $5,411.60 per month. Resolution 89-23 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 04, 2023 Page 4 of 17 2023 MS4 Education Agreement: A resolution to approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $41,812.00 for a Stormwater Education Program for 2023 to satisfy portions of the NPDES Phase II Stormwater Permit Requirements. Resolution 90-23 as recorded in the office of the City Clerk Council Member Harvey moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 23-002: (SE of N. Gregg Ave and W. Elm St/Legacy Ventures LLS, 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, subject to a Bill of Assurance. At the March 7, 2023 City Council meeting, this ordinance was left on the First Reading. At the March 21, 2023 City Council meeting, this ordinance was amended to add a Bill of Assurance and left on the Second Reading. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the original request and the proposed Bill of Assurance. He was available for questions and noted that Brian Teague and Tim Brisiel were present as applicants. Brian Teague, Community by Design stated he was representing Tim Brisiel. He briefly described the project and how he believed the area would be a great infill location. He believed the concerns brought up in regard to drainage were overstated. He spoke of how the city's Drainage Criteria Manual would regulate development on the property and how they would use that to design drainage improvements. He spoke of a meeting he had with the neighbors where they requested he extend the building height restriction across the whole property. He stated they agreed to do so and had included that in the revised Bill of Assurance. The City Council received 5 public comments regarding this ordinance. Mayor Jordan: What discussion would the council like to have? I know we have to do an amendment first, right Kit? City Attorney Kit Williams stated the council would need to make a motion to accept the new Bill of Assurance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 5 of 17 Council Member Moore questioned if the Bill of Assurance would stay with the property, even if it were sold. City Attorney Kit Williams stated the Bill of Assurance and zoning would stay with the property until the City Council decided to change it. Mayor Jordan stated that nothing would tie the hands of future council's to change zonings. Council Member Turk moved to amend the ordinance to add the latest Bill of Assurance. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. Council Member Wiederkehr commended the developer and engineer. He briefly spoke of the request and of the public comment in favor of RI-12 being changed to RSF-8. He was curious if other council members were leaning that way as well. He believed that was an appropriate transition in zoning. Council Member Moore questioned what the difference in units would be on the property if it were zoned RSF-8 instead of RI-12. Jonathan Curth explained the constraints associated with developing a property. He stated that the density allowance under RI-12 could be developed up to nine single family homes, but under the cluster housing ordinance it could go up to 18 units. Council Member Bunch questioned if it could go up to 18 units based on the amount of land. Jonathan Curth: Purely based off land area, yes. Council Member Bunch: That's without knowing where streets are going? Jonathan Curth stated that was correct. He explained that a typical cluster housing development was limited to 12 houses in each cluster housing by design. Council Member Turk clarified that RI-12 would allow nine single family and up to 18 cluster houses. She questioned how many units RSF-8 would allow. Jonathan Curth: That would be six and twelve. Council Member Turk asked if there were any differences in the tree preservation requirements. Jonathan Curth stated that both the RSF-8 and RI-12 required 20%. Council Member Moore questioned if RI zoning touched on design elements. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar. gov City Council Meeting Minutes April 04, 2023 Page 6 of 17 Jonathan Curth: Cluster housing has several standards about how you orient buildings around the shared green space and having private green spaces meant to stimulate version of having a private yard and perhaps a shared park. Is that what you're referring to? Council Member Moore questioned what the difference of the zonings would be on natural areas and if the zoning could create more impervious surface or leave less greenspace. Jonathan Curth explained how that was hard to speculate at a rezoning level. He stated the most prominent indicator of what kind of green space could be left would be the tree preservation requirement. He stated he misspoke earlier and wanted to clarify that RI-12 would only be 12 units developed, it could not double. He stated if the rezone changed to RSF-8, it could double then. City Attorney Kit Williams explained that if the City Council decided to change the zoning from what the applicant had requested, the Bill of Assurance would go away. Council Member Moore thanked the neighbors for their time. She briefly spoke of the neighborhood and noted that the area had been in a future land plan of being a city neighborhood with increased density. She believed we had guidelines and policies in place from the Planning Department and that they would continue working with the neighborhood. She was in support of the request as it was with the Bill of Assurance included. Council Member Harvey requested that Exhibit A in the agenda packet be presented so the council could view the pattern of the zonings around the area. She briefly spoke of transitions between zonings and how she believed it should be a gentle transition. She thanked the neighbors and developer for their work. Council Member Berna questioned if RSF-8, with a Conditional Use Permit, could go up to 16 units. Jonathan Curth: It would be a theoretical 16 units, yes. Council Member Berna questioned if RI-12 was capped at 12 units. Jonathan Curth: Correct, or nine given the area of property proposed as RI-12. Council Member Berna: They're capped at 12 but that doesn't take into consideration infrastructure or anything like that, so that's not necessarily the total number they can get, that's the maximum they can get? Jonathan Curth: Correct. Council Member Berna applauded the developer and neighbors. He believed the rezoning was an example of what all rezoning's should be. He did not believe either side was getting everything they wanted but believed that resulted in the best outcome. He was in support of the rezone. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes April 04, 2023 Page 7 of 17 Council Member Turk: I want to go back to this RI-12 again. With a cluster housing, 12 is the maximum but can they not apply for a variance? Jonathan Curth: Yes, they can. Council Member Turk questioned if the applicant could go over 12 units if granted a variance. Jonathan Curth answered yes, if the applicant could adequality demonstrate a hardship. Council Member Bunch: If a variance is allowed, can it be appealed? Jonathan Curth: A variance itself cannot be appealed until a decision has been made on the entire project. Variances can be requested effectively at three different times; before a project is even submitted, can be submitted with the request itself and they can be requested retroactively. Variances asked beforehand to be appealed sometimes has to wait for the project to come forward as well and either be approved or denied to be brought to the level of the council. Council Member Bunch briefly spoke of the property. She believed that by the time the infrastructure was laid out the RI-12 zoning would end up being closer to what the maximum number of dwellings for RSF-8 was. She would be in support of the request. Council Member Turk questioned if the item were to be approved and there were variances, would there be a notice provided to the community and would it only be within 200 feet. Jonathan Curth stated that was correct, it was 200 feet with the sign posting to occupants and property owners. Council Member Turk questioned where the datum point for the 200 feet was. She wanted to ensure the public was engaged in the process. Jonathan Curth stated it was the outside boundaries of the property. Council Member Harvey explained how individuals could sign up for notices from the City Clerk's Office to keep up with things going on around Fayetteville. She believed having more homes in the area could help individuals move to Fayetteville. She sympathized with the neighbors wanting the gentle density. She was unsure how she would vote. Council Member Wiederkehr could see how any council member would vote to support the request. He spoke of the RI-12 and RSF-8 zonings. He was comfortable with the RSF-8 zoning Council Member Turk commended the neighbors and developers. She was concerned about drainage and how RI-12 was not transitional for the area. She believed RSF-8 would be a transitional form and stated she would not be in support of the request. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 8 of 17 There was brief conversation of if there had been a motion and a second to pass the request. There was clarification that this was an ordinance so there would not be a need for a motion and a second. It was clarified that the council was on the third and final reading of the ordinance. Council Member Bunch questioned what could be built in RSF-8. Jonathan Curth stated RSF-8 included single family homes and accessory structures. Council Member Bunch: It's just straight up single family homes? Jonathan Curth: Correct. There's some city wide uses by right but that includes things like orchards and utility boxes. Council Member Bunch questioned what was by right in RI-12. Jonathan Curth: A straight up RI-12 zoning district allows single two, three and up to four attached units. With the Bill of Assurance, this is limiting it to single family detached units. Council Member Harvey believed it seemed as though the twelve was trying to become the eight with the Bill of Assurance. Jonathan Curth: I can't speculate that it is. Council Member Harvey questioned that if the council recommended to amend the request to RSF-8, would the Bill of Assurance become null. City Attorney Kit Williams explained how the Bill of Assurance was offered by the owner/developer to try to get the council to adopt the requested zoning and if they did not, the Bill of Assurance would no longer be valid. Council Member Harvey wished the council could have talked about the RI-U on Gregg Avenue by itself, instead of putting the two zonings together. Council Member Bunch spoke of how the transition this would bring to the neighborhood would still be housing next to housing, single family next to single family. She had a hard time saying that would not be a good transition. Council Member Hertzberg was having difficulty with the transition argument because there was RMF-24 next door, so she believed RI-12 was appropriate. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Member Harvey, Jones, Moore, Berna, Bunch and Hertzberg voted yes. Council Member Wiederkehr and Turk voted no. Ordinance 6653 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteviIIe-ar.gov City Council Meeting Minutes April 04, 2023 Page 9 of 17 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. At the March 21, 2023 City Council meeting, this ordinance was left on the First Reading. Council Member Hertzberg 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. Jonathan Curth, Development Services Director stated he had no new information or updates on the item. He stated the information council requested about traffic volume counts and crashes had been sent out last week. He noted Mitch Weigel, applicant, and Blake Jorgensen were available. Mitch Weigel, Applicant requested the council approve the rezoning. He briefly spoke of the proposed zonings and the meetings he had with the neighbor's. He explained how there could possibly be around 50 to 53 units on the property by the time infrastructure was put in. The City Council received 6 public comments regarding this ordinance. Council Member Hertzberg addressed a public comment that asked about the accident report. She requested for the report to be added to the website for the community members to view. Council Member Berna asked if Jonathan Curth or Kit Williams could address the public comment in regard to the legality of the application. City Attorney Kit Williams: Let me ask Jonathan. The Planning Department reviews an application for rezoning when it is submitted, right? Jonathan Curth: That's correct. City Attorney Kit Williams: And so, you have in fact in this particular example that it was reviewed and approved by the Planning Department? Jonathan Curth: That's correct. City Attorney Kit Williams: Last time there was another question and Jessie indicated there was substantial compliance she felt with the rules. Jonathan Curth: That's correct. City Attorney Kit Williams: This is not a court of law, this is a legislative meeting. You all have the power to do a lot and the discretion to do a lot when it comes to zoning because that's a legislative act. It's not ruled by the same rules as if this were a court of law. At this point, we have 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 10 of 17 seen that this particular rezoning has had three hearings already; one in front of the Planning Commission and this is the second one here. There's been a lot of public comment from neighbors so obviously there has been some notice because we've heard a lot from them just like we did from the previous zoning. Our notice procedures have worked and notice has been provided which is one of the keys when it comes to is this due process. The City Council and the city has provided due process in this particular case. When someone hasn't seen a zoning issue before they don't know much about it, they don't know what Neighborhood Conservation means or what RSF-4 means but there are ways to find out. One would be to go the city's website, talk to Planning or talk to me and we would be willing to explain, as I often do, to people who are confused. When we had the first hearing at the Planning Commission we had a report from the Planning Department and they talked about compatibility and why this is or is not compatible. As you all know, the significant difference between RSF-4 and Neighborhood Conservation, they are very comparable in many ways because they're all single family detached homes not put together. The only thing is the house is going to be closer to the road and there's the possibility of having increased density but as we know from experience it's not as big of a density increase as it looks. It was designed with a smaller frontage requirement and also with the houses closer to the road so from a legal point of view there has been due process presented here, there has been notice and they've been here at the meeting so obviously somehow they knew about that. We require signs to go out as well as mailings. Is it published in the paper too before the Planning Commission meeting? Jonathan Curth: That's correct. City Attorney Kit Williams: There's a lot of due process that has been provided and instead of being concerned about whether this is legal or not, because I think it is legal, you need to look at the real issues here that the neighbors have brought up. They can talk about density, that's an important issue and traffic is important, but I would think that when it comes to whether or not you can make a decision I would say yes, you can make a decision. I'm glad you didn't decide it all in one night instead you delayed it so that you could have more time talking and you've gone out and talked to them. I believe the city has provided a lot of due process in this particular case and so I would say put that to the back side and concentrate on the real issues here which is whether this is in the best interest of the City of Fayetteville to grant this rezoning. Council Member Berna mentioned how the property was near his house. He was concerned about the additional traffic but after he reviewed the report and spoke with the Police Department, he realized the area only accounted for .5% of accidents in Fayetteville. Council Member Bunch thanked Mr. Crouch for opening his home to have a meeting with Mr. Weigel, Council Member Berna and herself. She briefly spoke of the rezoning request. Council Member Turk thanked Jonathan Curth and his team for putting the traffic information together, she believed it was insightful. She hoped the item would be left on the current reading so the public could review the traffic data. She briefly spoke of the nearby streets and properties. There was conversation of how the traffic information was not a traffic study, it was traffic count. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 11 of 17 Council Member Bunch briefly spoke of the traffic count data. She would be in favor of holding the item so that everyone could review the traffic information. Council Member Berna agreed. Council Member Bunch asked the applicant if holding the item for two weeks was okay. Mitch Weigel had not seen the traffic numbers from the report but had heard comment it was less than expected. He explained how at some point someone would buy the property and come forward with a preliminary plan and at that point traffic information could be determined. He did not believe now was the time to take that information into consideration because all the questions about traffic, density, drainage, infill and canopy coverage would come forward when somebody presented a preliminary plan. Council Member Berna spoke of how he was going to vote against the rezone but Mr. Weigel had changed his opinion by making a strong case. He supported holding the item so that everyone could see all the information. Council Member Jones questioned what number we were looking for in terms of accidents. Jonathan Curth explained the factors that were looked at when determining if there was a traffic hazard. He stated that when staff reviewed the request, they did not find there to be an existing traffic hazard or that the rezoning would lead to development that could create a traffic hazard. Council Member Jones: What happens in two weeks when we find the same information? Jonathan Curth: I think you would need to tell me that. Council Member Turk was concerned about the traffic information. She recalled there were 147 accidents in the area. She would like to analyze the information more and believed transparency was important to the process. She thanked everyone for agreeing to hold the item. Council Member Jones: Where did you get your number? The 147? Council Member Hertzberg: There's 140 and that's on Jonathan's Memo. Council Member Jones: Over what period of time? Council Member Turk answered ten years. She explained how there were new things being added to that area that we did not have data on yet and believed the council needed to use some foreshadowing on what the traffic may end up being. Council Member Hertzberg: It was 2013 to 2023. Council Member Jones: I'm curious if they were fender benders or what type of accidents. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 04, 2023 Page 12 of 17 Council Member Hertzberg: It's in Jonathan's report. Council Member Berna: On your report, you had 71 accidents on North Crossover Road, is that in the intersection of Crossover into Old Wire or how far does that extend out? Jonathan Curth explained how there was a crossover point in our data from when the Police Department began recording incidents by longitude and latitude as opposed to the nearest intersection. He stated that the accidents anywhere from 20 to 500 feet from the intersections were captured in the report. Council Member Moore spoke of our Development Code and how she assumed it took into consideration making sure we were developing in a way that was creating safe, accessible streets. She believed we would not stop seeing rezones and the need for density and that street safety would be a continuing conversation. She requested for Jonathan Curth to expand on the topic. Jonathan Curth clarified if Council Member Moore was asking what element of our Development Code addressed concerns about traffic safety. He answered by stating there were several pieces that addressed traffic safety; the access management ordinances, minimum street standards document and how there were heightened requirements when a known dangerous traffic condition existed. This ordinance was left on the Second Reading. New Business: Acceptance of Grant from HUD: A resolution to authorize acceptance of a grant from the U.S. Department of Housing and Urban Development in the amount of $512,642.00 for the Home Investment Partnerships Program, to approve a city match in the amount of $237,358.00, and to approve a budget adjustment. Yolanda Fields, Community Resources Director/Equity Officer gave a brief description of the resolution. She explained the process the program would go through once it was approved by council. Council Member Jones: Do you have examples of the services we may be able to provide? Yolanda Fields briefly explained how we could provide services such as home buyer education, credit counseling, homebuyer counseling and down payment assistance. She spoke of possibly partnering with a community housing development organization to bring forth a project and explained how the funding would be annual. Council Member Jones: What is the income threshold? Yolanda Fields stated the threshold would be individuals who were at 80% the median income and that number would vary annually. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 04, 2023 Page 13 of 17 Council Member Moore briefly spoke of the HUD letter and how she noticed there was an area that stated we had $3.82 million in available Section 108 borrowing authority. She questioned if Yolanda Fields had any details about that part of the letter. Yolanda Fields stated there were loans that municipalities could work into and explained how CDBG funding would be utilized for payback but if that funding ceased to exist, the city would be responsible for paying back the loan. Council Member Moore: Does it indicate in that as well that we could potentially use the CDBG funds in a different way than we've used them to create any housing? Yolanda Fields answered no. She explained how HUD was strict with their regulations and how CDBG funding could not be used for new construction. Council Member Moore: Thank you, I'm excited for what we can do with these. Council Member Wiederkehr briefly spoke of the amount the city would match to the proposal and how we would see a 217% return on our investment instantaneously. Mayor Jordan: And that won't be the end of the $512,000.00, it will continue. Yolanda Fields: No, that will keep rolling and every year we'll have an allocated amount. Council Member Berna clarified how the request was an entry into the program. Yolanda Fields explained how the request was a first time participation dollar amount and then moving forward we would have our allocation that would come to us every year to use to assist individuals into affordable housing. Council Member Berna complimented Yolanda Fields and staff for their work on the proposal. Council Member Turk echoed Council Member Berna. She questioned if we would get the $512,000.00 every year. Yolanda Fields explained how the amount would vary each year. Council Member Turk questioned if all of the funds had to be spent in the federal fiscal year. Yolanda Fields believed the amount would need to be spent within 24 months. Council Member Turk thanked Yolanda Fields and staff for their work. Council Member Moore questioned if we were going to use the CDBG Committee to assist in accessing the potential things that could be done with the program. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 14 of 17 Yolanda Fields stated we would be looking at what the best practices were and what would work best for the City of Fayetteville once the item was approved. Council Member Moore would love to include the committee and hear their feedback. Yolanda Fields: There will be a 30 day comment period public meeting so our entire community will be included and be able to provide input. The City Council received 1 public comment regarding this resolution. Council Member Jones asked if there was a City Council member who was part of the Committee. Susan Norton, Chief of Staff. No. Mayor Jordan stated a City Council member would be welcome to sit in on a meeting. Council Member Berna questioned if the CDBG Committee was strictly an advisory board. Mayor Jordan: That's correct. Council Member Wiederkehr moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 91-23 as recorded in the office of the City Clerk RZN 23-006: Rezoning (920 S. Wood Ave./Mahoney, 563): An ordinance to rezone that property described in Rezoning Petition RZN 23-006 located at 920 South Wood Avenue in Ward 1 for approximately 0.48 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use standpoint and briefly spoke of the nearby properties. He stated staff found the request to be largely consistent when viewing it from an adopted land use plan standpoint. He explained how the area was designated on our future land use map as a residential neighborhood. He explained how staffs findings were mixed when looking at the request from the standpoint of the Walker Park Neighborhood Master Plan. He briefly spoke of the properties infill rating and noted the request would take the tree canopy requirement from 20% down to 15%. He stated there was conversation in regard to spot zoning at the Planning Commission meeting and gave a brief summary of the memo the Assistant City Attorney sent out in regard to the comments. He stated staff recommended in favor of the request and the Planning Commission forwarded it to City Council unanimously recommending approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 15 of 17 He stated staff had not heard any public comment on the item before, at or since the Planning Commission meeting. He noted Tonya Mahoney Vasquez was available as the applicant. Tonya Mahoney Vasquez, Applicant was available for questions. 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 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 Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey stated she lived near the property and noticed there was a nice pattern of this type of zoning and believed it had worked well. She was in support. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6654 as Recorded in the office of the City Clerk RZN 23-005: Rezoning (514 S. Willow Ave./ Collins, 524): An ordinance to rezone that property described in Rezoning Petition RZN 23-005 located at 514 South Willow Avenue in Ward 1 for approximately 0.25 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible and briefly spoke of the uses in the area. He stated the property had a future land use map designation of a residential neighborhood area and that staff found the request to be complimentary of the Walker Park Neighborhood Master Plan. He stated the infill rating was a seven and the zone change would reduce the tree canopy requirements by 5%. He briefly spoke of how the site had a shared garage and that the applicant was aware of the issues that posed. He spoke of how there was discussion of spot zoning on this item and felt that the Planning Commission may be interested in exploring whether they should revisit, update or do a whole new Walker Park Master Plan. He stated staff recommended in favor of the request and the Planning Commission forwarded it to City Council unanimously recommending approval. He stated we had received no public comment on the item and that David White and Adams Collins were available as the applicants. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 04, 2023 Page 16 of 17 David White, Representative for the Property Owner complimented the Planning Department and Jonathan Curth for their help through the process. He believed the request was appropriate for the area and that it met a lot of the goals for the city. Council Member Turk questioned if the shared driveway and garage could be explained more. Jonathan Curth spoke of how individuals who could not afford their own garage or accessory dwelling unit would often build it straddling a property line. He stated that if council was curious about the ownership concerns, they would have to defer to the applicant. Council Member Turk: Would you like to be able to address that, sir? David White spoke of how the home with the shared garage was vacant. He stated Mr. Collins had a discussion with one of the family members of the vacant house and believed there was consideration to do something different with the property. He stated the Building Department said that in order to demolish the structure they would need to get a notarized letter signed by the owner. He stated that before anything could be developed the shared garage would have to be addressed. Council Member Turk: So that garage is owned by both parties? By both properties? David White: Yes, correct. Mayor Jordan: Have the Council Member's heard anything from anybody? Council Member Harvey and Council Member Jones had not heard anything. Council Member Wiederkehr spoke of the zoning requests that were heard tonight. He noted that the vote from the Planning Commission for the request was unanimous and there were no public comments of opposition for the rezone, so he would be comfortable moving forward. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Hertzberg 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 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 6655 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 04, 2023 Page 17 of 17 Announcements: Susan Norton, Chief of Staff reminded everyone about the Spring Bulky Waste Cleanup. Council Member Bunch: Is Ordinance Review tomorrow night? Jonathan Curth, Development Services Director: That's correct, Ordinance Review is meeting at 5:00 p.m. in Room 326. Council Member Bunch: Okay, that's a work session right? There was agreeance that that was correct, it would be a workshop session with no public comment. City Council A ends Session Presentations: Sales Tax Report, Paul Becker and Energy Report, Peter Nierengarten Stormwater Funding Study History City Council Tour: None Adjournment: 7:58 p.m. ,JAI I1.111fr!! Y C U� t AV n c i'1i.1 � • tiara Paxton City C erk Treasurer C: �= 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov