This Commission Meeting was conducted utilizing Communications Media Technology. Some Staff members were present in the Commission Chambers while others were present via the Zoom application.

 

ELECTED OFFICIALS PRESENT IN CHAMBERS:

Shirley Groover Bryant, Mayor

Sheldon Jones, Vice-Mayor, Commissioner-at-Large 1

Tamara Cornwell, Commissioner-at-Large 2

Sunshine Mathews, Commissioner, Ward 2

Harold Smith, Commissioner, Ward 1

Brian Williams, Commissioner, Ward 3

 

STAFF PRESENT IN CHAMBERS:

Mark Barnebey, City Attorney

Jim Freeman, City Clerk

Edward Johnson, Interim CRA Director

Mohammed Rayan, Public Works Director

Scott Tyler, Chief of Police

Cassi Bailey, Assistant City Clerk

Penny Johnston, Executive Assistant

Kera Hill, Development Services Supervisor

 

STAFF PRESENT ELECTRONICALLY:

Todd Williams, Information Technology (IT) Consultant

 

 

   Mayor Bryant opened the meeting at 4:30 pm.

 

 

 

1.               RIVERSIDE PROPERTY-AGREEMENT OF PURCHASE AND SALE BETWEEN THE CRA AND STADLER CORP. (M.BARNEBEY/E.JOHNSON)

 

This item is also on the 7:00 pm Special CRA Board Agenda for approval.

 

Mr. Johnson provided a brief history of the project that is being brought forward for discussion. The proposed contract was attached to the Agenda. The purchase price is listed at $2.95 million. A full background of the item was provided in the Agenda packet.

 

 Mr. Barnebey explained that this item was originally on the Agenda for approval at the 7:00 pm meeting, however, the CRA Advisory Board meeting did not have a quorum at their December 18^th meeting. The next CRA Advisory Board meeting is scheduled for January 4^th. Therefore, the proposed contract will be pushed to the CRA Board meeting on January 8^th for approval.

 

 Commissioner Cornwell questioned the deposit. She asked how long the property can be theirs for $150,000 before they move forward with the final sale of the property. Mr. Barnebey stated that there was a cap of 18 months. They are required to close within that time frame. If that doesn’t happen, the cause of the lack of

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closure will determine what happens with the deposit.   Ryan Harris, Blalock Walters Attorney, reiterated that there is a cap on the closing date of 18 months and the reason for not closing will determine what happens with the deposit. He explained various scenarios. Commissioner Cornwell asked if the buyer could request an extension. Mr. Harris answered yes, that can be negotiated by both parties. Commissioner Cornwell opined that this property needs to be developed. Mr. Harris answered that if the 18 months go by and progress hasn’t been made, the City/CRA can terminate the contract. If negotiations are agreed upon, amendments would be proposed to the Commission/Board. The City will maintain the property until the final sale of the property.

 

 Commissioner Smith questioned where in the contract it says 18 months. It was answered, on page 1 of the contract under the closing date section. He questioned if the buyer had submitted their plan.  Mr. Harris answered, no, they would be submitted within 30 days following the due diligence period. Mr. Harris further explained the timeline of the process. Mr. Barnebey explained that they submitted a rendering and high-level plan, but those don’t meet the City’s requirements for final plans. The final plans will have to come back to the Commission for final approval, which will include the City’s minimal requirements.  Commissioner Smith also questioned who will pay for the closing costs. Mr. Harris referred to the contract and explained that they will be split. He read from the document to further explain who would be responsible for each portion. Commissioner Smith wanted to know exactly what each party will be paying. Commissioner Smith then asked when he would see the applicant. It was answered that they will be here at the CRA Advisory meeting on January 4^th and the CRA Board meeting on January 8^th.

 

 Mr. Johnson explained the provision in the contract for repurchasing. It would allow the City 3 years to repurchase the property as listed on pages 15 and 16 of the Agenda packet. Mr. Barnebey explained that the City will have 3 years to re-purchase the property if nothing is done on the property. Mr. Barnebey explained why this provision is important. Mr. Barnebey explained the difference between 18 months and 3 years in the contract. 

 

 Commissioner Jones asked how long/how fast they will move on this. A rough purchasing timeline was highlighted by Mr. Harris. Commissioner Jones doesn’t want to be boxed in if they keep resubmitting plans. Mr. Harris reiterated that they have 18 months to close.

 

 Commissioner Williams asked if they pay a fee when they submit a General Development Plan. It was answered, yes. He then asked if they pay an additional fee if they re-submit a plan. Mr. Barnebey didn’t believe so. If we want to look at that, we need to look at it across the board. Ms. Hill explained the fee schedule. Commissioner Williams questioned how long it takes for staff to review these plans.

 

 Commissioner Smith continued to question the timeframe in the contract of 18 months vs. 3 years.

 

 Mr. Freeman asked about section 6.4 (b) on page 7 of the packet. He believed the first and last sentence in the paragraph were contradictory. The Attorneys will take a look at that. They noted that there will be a few cleanup items.

 

 Commissioner Williams would prefer the date be October 15^th as opposed to October 1^st for reimbursement payments, due to the budget timeline. 

 

 

 

 

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2.               ORDINANCE 2023-05: AMENDMENTS TO CHAPTERS 8, 9 AND 10 OF THE ZONING CODE (B.CORNELIUS/K.HILL/M.BARNEBEY)

 

 

Brad Cornelius, contracted City Planner with Wade Trim, worked with the City Attorney’s office to develop the proposed code changes as a comprehensive revision to Chapters 8, 9 and 10 of the Zoning Code. He gave a recap of the proposed changes, which were included in the Agenda packet. He noted that the issues with the current code include, lack of information relating to site plans that the City requires, vague criteria for site plan review, and inconsistencies between the Zoning Code and the Comprehensive Plan.

 

   Mr. Barnebey explained the purpose was to give them better criteria for review and consideration of their plans. He noted that they replaced the language regarding deviations and variances and giving criteria for that review. They also adjusted the criteria for review of major and minor changes to the code. The changes to the code have taken out a number of provisions regarding specificity of certain requirements, leaving it up to the determination of the Commission, for example, addressing the compatibility issue. There are provisions in there that talk about minimums/maximums if the plan doesn’t address them.

 

 Mr. Cornelius added what would still apply everywhere is the limitations within the comprehensive plan, the maximum densities and intensities of development. Any development would still have to be consistent with the comprehensive plan.

 

 Commissioner Cornwell questioned the definition of compatibility. Mr. Barnebey and Mr. Cornelius explained that the Commission will have to look at a number of factors, such as, what is developed on surrounding properties, zoning of the properties, comprehensive plans, and what makes sense for the location of the property. Mr. Barnebey noted that this is similar language used in other jurisdictions. Commissioner Cornwell expressed concern with the fertilizer property.  Mr. Barnebey discussed that property’s compatibility.

 

 Commissioner Smith asked if what is being proposed is all new. Mr. Barnebey answered that there are significant changes to the current code and believed it was better to look at it as a whole new document. The old code had very little standards for doing anything.

 

 Commissioner Jones asked for explanation on page 21 of the packet, section (m) regarding height.   Mr. Barnebey noted that this will give them the ability and the authority to look at heights and what is around the area.   Mr. Cornelius further answered that there is a maximum floor area that is allowed on a property in the comprehensive plan.

 

 Commissioner Williams asked how Senate Bill 102 (Live Local Act) works into this. Mr. Cornelius and Mr. Barnebey answered. Mr. Barnebey had to rewrite part of this code after the Live Local Act was adopted. Commissioner Williams opined that it was very difficult to compare this document from the old code. He requested a red-lined code. He also asked how this is going to impact some of the developments that are pending. Mr. Barnebey didn’t believe it would have significant impact to anything that is currently pending.

 

 Commissioner Jones questioned section 9.12, expiration date, on page 30 of the packet. He asked if they wanted that to come back before the Commission. Mr. Barnebey answered that is up to the Commission. He said they wouldn’t need a Public Hearing, but they could do that administratively.

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 Commissioner Cornwell expressed her concern with no height restriction. The consensus was to add in a restriction of 15 stories.

 

 Mr. Freeman asked for guidance on the next steps. Mr. Barnebey responded that they would get the Commission an add/delete version and they can have it on another Workshop and a First Reading the same night. He suggested doing this sooner rather than later.

 

 Commissioner Cornwell requested for them to note the significant changes in order. 

 

 

 

Mayor Bryant adjourned the meeting at 5:36 pm.