HomeMy WebLinkAbout2023-09-05 - Minutes -Vacant
Ward I Position I
Council Member D'Andre Jones
Ward l Position 2
Council Member Sarah Moore
Ward 2 Position I
Council Member Mike Wiederkehr
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
September 05, 2023
City Council Meeting Minutes
September 05, 2023
Page l of 14
Council Member Scott Berna
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 September 05, 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: 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.
Pledge of Allegiance
Mavor's Announcements, 1'roclamatimis and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
Monthly Financial Report - Chief Financial Officer
Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated
the General Fund sales tax was up 8.6% and spoke of the percentages in other individual
departments. He stated all in all, the year to date revenue was up 7% compared to the budget. He
briefly spoke of the city's salary increases and how he was confident it would be workable by the
end of the year and that the operating results of the General Fund had been solid. He stated the
Street Fund was up 1 % and the parking fees were down about 4%. He stated HMR fees were up
about 11.6% for the period and that Water and Sewer revenue was up about 2%. He stated
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City Council Meeting Minutes
September 05, 2023
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Recycling and Trash Collections were down about 5%, Airport flights were down over 30% and
the fuel sales were down 28%. He stated that all in all, the report was still positive moving forward.
Agenda Additions:
(Walk On) Housing & Urban Development Pro Housing Grant: A Resolution to address with
urgency the Affordable Housing Crisis and to request that Mayor Jordan apply for a Housing and
Urban Development Pro Housing Grant of up to four million dollars to fund housing -supportive
changes to Fayetteville's Land -use and Zoning Ordinances.
Council Member Moore requested council's consideration to add this item to the agenda due to
the grant's tight deadline.
City Attorney Kit Williams stated there would need to be a motion to suspend the rules to add
the item to the agenda for the council to discuss the item.
Mayor Jordan, "Has staff reviewed this?"
Susan Norton, Chief of Staff and Jonathan Curth, Development Services Director explained how
staff had reviewed the item and had declined to attempt to put in a grant application due to concern
of not being able to put together a successful application to meet the grant deadline.
Council Member Turk moved to add the item to the agenda. Council Member Bunch
seconded the motion. Upon roll call the motion failed 4-2. Council Member Wiederkehr,
Bunch, Turk, Moore voted yes. Council Member Berna, Hertzberg voted no. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
The motion to add the item to the agenda failed.
Consent:
Approval of the August 15, 2023 City Council Meeting Minutes.
APPROVED
Big Bear Shredding (Service Contract): A resolution to authorize the destruction of certain
records shown on the attached Final Document List pursuant to relevant sections of the Arkansas
Code related to maintenance and destruction of Accounting and other city records.
Resolution 181-23 as recorded in the office of the City Clerk
McClelland Consulting Engineers, Inc (Contract Amendment #3): A resolution to approve
Amendment No. 3 to the contract with McClelland Consulting Engineers, Inc. in the amount of
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September 05, 2023
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$59,609.00 to provide additional services associated with the West Center Street and North
Harmon Avenue Intersection Project — 2019 Street Improvements Bond Project.
Resolution 182-23 as recorded in the office of the City Clerk
APAC-Central, Inc. (Service Contract): A resolution to award Bid #23-22 and authorize a
contract with APAC-Central, Inc. in the amount of $1,809,765.00 for the construction of the 15th
and Razorback Rd. Intersection Improvements Project, to approve a project contingency in the
amount of $180,000.00, and to approve a budget adjustment — 2019 Street Improvement Bond
Project.
Resolution 183-23 as recorded in the office of the City Clerk
Spatco Energy Solutions, LLC (Purchase Agreement): A resolution to accept a quote in the
amount of $35,340.90 plus applicable taxes from Spatco Energy Solutions for upgraded fuel
inventory and management software, to approve a project contingency in the amount of $3,534.09,
and to approve a budget adjustment.
Resolution 184-23 as recorded in the office of the City Clerk
Stantec Consulting Services, Inc. (Service Agreement): A resolution to authorize a contract with
Stantec Consulting Services, Inc., pursuant to RFP 23-07, in the amount of $24,671.00, to develop
a historic context statement for the University Heights and Haskell Heights neighborhoods.
Resolution 185-23 as recorded in the office of the City Clerk
Recreational Trail Program (Grant Acceptance): A resolution to express the willingness of the
City of Fayetteville to accept and utilize Federal -Aid Recreational Trails Program funds in the
amount of $100,000.00 for the trails at Lake Fayetteville Regional Park, to approve a city match
of $20,000.00 for the project, and to approve a budget Adjustment.
Resolution 186-23 as recorded in the office of the City Clerk
Titan Aviation Fuels (Service Contract): A resolution to award RFP 23-06 and approve a one
(1) year contract with automatic renewals for up to four additional One (1) year terms with Titan
Aviation Fuels for the provision of aviation fuel and refueler trucks for Drake Field.
Resolution 187-23 as recorded in the office of the City Clerk
Spatco Energy Solutions, LLC (Construction Contract): A resolution to authorize a
construction contract in the amount of $274,398.97 with Spatco Energy Solutions, LLC for the
Fuel Farm Rehabilitation Project at Drake Field, to approve a project contingency in the amount
of $31,939.90, and to approve a budget adjustment.
Resolution 188-23 as recorded in the office of the City Clerk
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FYV Wildlife Rehabilitation (FAA Grant Acceptance, Construction Contract, Change
Order 1): A resolution to authorize the acceptance of a Federal Aviation Administration grant in
the amount of $475,738.00 to fund 90% of the cost of an environmental assessment for the Wildlife
Fence Rehabilitation Project at Drake Field; to approve a construction contract in the amount of
$475,956.00 with Milestone Construction Company, LLC; to approve a project contingency in the
amount of $54,596.00; to approve a no cost change order with Milestone Construction Company,
LLC; and to approve a budget adjustment.
Resolution 189-23 as recorded in the office of the City Clerk
Arkansas Department of Transportation (Utility Relocation Agreement): A resolution to
approve a Utility Relocation Agreement with the Arkansas State Highway Commission for utility
relocations related to the Highway 62 Interchange Improvements Project.
Resolution 190-23 as recorded in the office of the City Clerk
Structural Preservation Systems, LLC (Change Order No. 3): A resolution to approve Change
Order No. 3 to the Design -Build Contract with Structural Preservation Systems, LLC in an amount
not to exceed $7,884,343.00 to rehabilitate the sewer pipeline and stabilize the tunnel under the
Southbound Highway 112 exit ramp on I-49, and to approve a budget adjustment.
Resolution 191-23 as recorded in the office of the City Clerk
Firefighter Inspiration Readiness and Education, LLC (Purchase Agreement): A resolution
to waive competitive bidding and accept a quote for the purchase of a Fireground Command
Training Course from Firefighter Inspiration Readiness and Education, LLC in the amount of
$106,000.00.
Resolution 192-23 as recorded in the office of the City Clerk
Lion Manufacturing (Purchase Agreement): A resolution to authorize the purchase of bunker
gear coats and pants from Lion Manufacturing through Nafeco, Inc., pursuant to a Sourcewell
Cooperative Purchasing Contract, in the amount of $49,811.14 plus applicable taxes and freight
charges.
Resolution 193-23 as recorded in the office of the City Clerk
Motorola Solutions (Purchase Agreement): A resolution to authorize the purchase of a DC
(Direct Current) Revert System for the Fayetteville radio tower sites from Motorola Solutions in
the amount of $108,915.00 plus any applicable taxes and freight charges, pursuant to a Naspo
Value Point Cooperative Purchasing Agreement.
Resolution 194-23 as recorded in the office of the City Clerk
4th Judicial District Drug Task Force (Grant Acceptance): A resolution to authorize
acceptance of a 2023 Justice Assistance and State Drug Crime Enforcement and Prosecution Grant
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in the total amount of $226,235.00 with a local match in the amount of $46,066.00 which will be
used to pay a portion of the salaries and benefits of 4th Judicial District Drug Task officers with
the Fayetteville, Springdale, and Prairie Grove Police Departments and the Washington County
Sheriff s Office.
This item was pulled from the Consent Agenda to be discussed.
2023 Project Safe Neighborhoods (Grant Acceptance): A resolution to authorize acceptance of
a Project Safe Neighborhood Grant Award in the amount of $18,114.00 for the Fayetteville Police
Department, and to approve a budget adjustment.
Resolution 195-23 as recorded in the office of the City Clerk
Council Member Bunch moved to accept the Consent Agenda as read. Council Member
Turk seconded the motion. Upon roll call the motion passed 6-0. Council Member
Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council Member Jones was
absent. Ward 1 Position 1 was vacant.
(Pulled From Consent) 4th Judicial District Drug Task Force (Grant Acceptance): A
resolution to authorize acceptance of a 2023 Justice Assistance and State Drug Crime Enforcement
and Prosecution Grant in the total amount of $226,235.00 with a local match in the amount of
$46,066.00 which will be used to pay a portion of the salaries and benefits of 4th Judicial District
Drug Task officers with the Fayetteville, Springdale, and Prairie Grove Police Departments and
the Washington County Sheriffs Office.
Council Member Moore requested item A.16, 4th Judicial District Drug Task Force (Grant
Acceptance) be pulled from the Consent Agenda because she was not in support of the item.
Council Member Hertzberg moved to approve the resolution. Council Member Berna
seconded the motion. Upon roll call the resolution passed 5-1. Council Member Wiederkehr,
Berna, Bunch, Turk, Hertzberg voted yes. Council Member Moore voted no. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
Resolution 196-23 as recorded in the office of the City Clerk
nfinished Business:
Historic Black District Preservation (Land Purchase): A resolution to authorize the Mayor of
the City of Fayetteville to purchase real estate to be returned to the NWA Black Heritage
Association for restoration, redevelopment, and advancement to the African American Community
into the vibrant and thriving district it is meant to be. At the June 6, 2023 City Council meeting,
this item was tabled to the September 5, 2023 City Council meeting.
Mayor Jordan and City Attorney Kit Williams stated Council Member Jones had wanted the item
to be tabled.
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The City Council received 1 public comment regarding this resolution.
Council Member Turk moved to table the resolution to the October 3, 2023 City Council
meeting. Council Member Bunch seconded the motion. Upon roll call the motion passed 6-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
This resolution was tabled to the 1010312023 City Council meeting.
Rezoning - 2023-0017: (N. Truckers Dr./The Lennon, 208): An ordinance to rezone that
property described in Rezoning Petition RZN 23-017 located near North Truckers Drive in Ward
2 for approximately 20.23 acres from RPZD, Residential Planned Zoning District to RMF-18,
Residential Multi -Family, 18 units per acre. At the August 15, 2023 City Council meeting, this item
was left on the First Reading.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director stated the item had been deferred to the
Environmental Action Committee, where a tour had been requested. He stated that after the tour,
the Environmental Action Committee submitted a document for councils' consideration and gave
a brief summary of the document. He stated the Environmental Action Committee recommended
against the proposal and instead recommended the property be rezoned to Residential -
Agricultural. He noted John Gilbert and team were available as the applicants for the item.
Kelly Comer, Associate Attorney with Eldridge Brooks Partners explained how they had
cooperated with staff to ensure the project aligned with the city's goals and vision. She stated the
project had received support from the Planning Commission and recommendation for approval
from city staff. She explained how the property near the site had been developed for various uses.
She briefly spoke of the report from the Environmental Action Committee.
Jason Appel, Secretary/Treasurer with Engineering Services, Inc. stated there was not a
designated flood zone on the property but understood there were hydric soils present. He explained
how after reviewing the wetland areas, only the stream that ran north south about the western third
of the property was classified as jurisdictional. He briefly spoke of their development strategies.
He believed this would be a positive project for the City of Fayetteville.
City Attorney Kit Williams briefly spoke of his memo regarding the proposal and how it included
zoning considerations and state statutes the council should follow.
Council Member Bunch and Jonathan Curth had a brief discussion regarding what could be built
in the Residential -Agricultural zoning district. Jonathan Curth explained how Residential -
Agricultural zoning allowed two acres per unit and that single family or two family dwellings
could be built by right. He briefly described the different types of agricultural uses the zoning also
allowed. He stated the proposal was for just over 20 acres, so there could potentially be ten homes
built on the site.
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Council Member Turk requested that Jonathan Curth read the Environmental Action Committee's
recommendations. Jonathan Curth read the recommendations, a copy of which was attached to the
agenda.
Council Member Turk believed there had been a lot of thought put into the report and that
Residential -Agricultural was the least intensive zoning district the City of Fayetteville had.
There was brief discussion between Council Member Berna, Jonathan Curth and Mayor Jordan
regarding if the same concerns heard tonight were also brought forward for surrounding properties
when they had been rezoned.
Council Member Moore described her concerns regarding the environment, water and housing.
She briefly spoke of the grant she had tried to bring forward and how she believed it could have
been a solution towards housing.
Council Member Bunch believed the current rezoning request was appropriate for what could be
built on the property efficiently.
Council Member Turk believed that any impervious pavement and lack of low impact
development would have a significant effect on the preserve and downstream area. She stated the
current request had a higher density than what was surrounding the property currently. She spoke
of how the prairies and wet prairie areas were disappearing and creating other problems that still
needed to be addressed.
The City Council received 1 public comment regarding this Ordinance.
Council Member Wiederkehr questioned if Jonathan Curth had the original Planning
Commission report that included the map for the Planned Zoning District and what density it had
previously been approved at.
Jonathan Curth gave a brief overview of staff s original findings and stated that there had not
been a single entitlement on the 20 acre portion of the property in question.
Council Member Wiederkehr stated that if the request stayed on the second reading, he had
further questions he wanted to ask to give everyone time to gather information.
Council Member Berna and Jonathan Curth had a brief discussion regarding the area adjacent to
Highway 112. Jonathan Curth stated that area had been called Planning Area 11, which was to
have apartments, shops and restaurants.
Council Member Bunch questioned when the Planned Zoning District had been approved.
Jonathan Curth stated it had been approved in 2006 and expired in 2011.
Council Member Bunch, "Did we have our Streamside Protection Ordinance in 20067
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Mayor Jordan, "No, we got that in 201 L"
Council Member Berna had consulted with the nearby church, which was fully supportive of the
request. He believed the rezoning was appropriate and would be in support.
There was brief discussion between the City Council and City Attorney Kit Williams regarding
what would be required to pass the Ordinance. City Attorney Kit Williams stated it would require
five affirmative votes to pass the ordinance and if it failed, the applicant would have to wait a year
to bring the same request forward again.
There was brief discussion of waiting to go to the third reading until all City Council members
were present at the next meeting.
Council Member Turk requested that staff compile information regarding the number of calls for
flooding in the area to present at the next City Council meeting.
This ordinance was left on the Second Reading.
New Business:
Kutak Rock, LL. P (Contract Extension): A resolution to approve a contract with Kutak Rock,
LLP pursuant to RFQ 18-14 for Bond Counsel Services as needed through December 31, 2024.
Paul Becker, Chief Financial Officer stated Kutak Rock had been the city's bond council for the
last five years and their contract was expiring in November. He stated the request was to extend
the contract for an additional year because the city still had bonds to issue.
Council Member Berna moved to approve the resolution. Council Member Moore seconded
the motion. Upon roll call the resolution passed 6-0. Council Member Wiederkehr, Berna,
Bunch, Turk, Hertzberg, Moore voted yes. Council Member Jones was absent. Ward 1
Position 1 was vacant.
Resolution 197-23 as recorded in the office of the City Clerk
Stephens, Inc. (Contract Extension): A resolution to approve a contract with Stephens, Inc.
pursuant to RFQ 18-15 for Bond Underwriting and related Services as needed through December
31, 2024.
Paul Becker, Chief Financial Officer requested the contract be approved for an additional year so
the city could continue working on bonds that needed issued.
Council Member Berna moved to approve the resolution. Council Member Moore seconded
the motion. Upon roll call the resolution passed 6-0. Council Member Wiederkehr, Berna,
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Bunch, Turk, Hertzberg, Moore voted yes. Council Member Jones was absent. Ward 1
Position 1 was vacant.
Resolution 198-23 as recorded in the office of the City Clerk
UDC Ordinance - Data Centers/Digital Asset Mining Facilities (Amendment): An ordinance
to amend § 151.01 Definitions; § 161.31 District I-2, General Industrial; and § 162.01
Establishment/Listing; and to Enact § 164.27 Data Centers in the Unified Development Code to
address external noise attenuation of data centers and to prevent noise disturbances in the City of
Fayetteville, and to declare an emergency.
City Attorney Kit Williams read the ordinance.
Council Member Moore stated there had been legislature that had passed in the State of Arkansas
that stated no city or county could say no to crypto mining. She brought the proposal forward to
designate an appropriate place for their use.
City Attorney Kit Williams stated the ordinance had been proposed from the Arkansas Municipal
League and the Arkansas City Attorney's Association to address the problems that some of the
crypto mining facilities had created in Arkansas.
Council Member Turk questioned if any other city or county in Arkansas had created a separate
use unit like we had in the proposal.
City Attorney Kit Williams stated the ordinance had been put forward to city attorneys and city
administrations throughout Arkansas, so he did not believe Fayetteville to be the first to use it. He
believed this would be the best protection the city could get by putting crypto mining in limited
areas.
There was brief discussion between Council Member Turk and City Attorney Kit Williams
regarding if the city's current noise ordinances would be sufficient in keeping the community safe
from crypto mining facilities. City Attorney Kit Williams believed the city needed the proposed
ordinance as a good secondary measure of protection.
Council Member Moore questioned what the process would be like if someone requested to put
a large crypto mining operation in Fayetteville.
Jonathan Curth believed that would fall under Use Unit 21, which was warehousing. He briefly
spoke of the areas in the city that were zoned for such uses. He explained how the crypto mining
facilities tended to have a very low base thrum that was not captured by typical noise ordinances.
There was brief discussion between Council Member Turk and Susan Norton, Chief of Staff,
regarding gathering information on what nearby cities had done for the crypto mining issue.
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City Attorney Kit Williams stated the proposed ordinance was a draft of what the Arkansas
Municipal League had created. He urged the City Council to pass what had been drafted tonight
with the Emergency Clause.
The City Council received 1 public comment regarding this Ordinance.
Council Member Wiederkehr moved to suspend the rules and go to the second reading.
Council Member Berna seconded the motion. Upon roll call the motion passed 6-0. Council
Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council Member
Jones was absent. Ward 1 Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Wiederkehr 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 6-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
Council Member Moore moved to suspend the rules and pass an Emergency Clause. Council
Member Bunch seconded the motion. Upon roll call the motion passed 6-0. Council Member
Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council Member Jones was
absent. Ward 1 Position 1 was vacant.
Ordinance 6678 as Recorded in the office of the City Clerk
Vacation - 2023-0003: (N. Shiloh Dr/Junction at Shiloh, 363): An ordinance to approve VAC
23-0003 for property located near N. Shiloh Dr. in Ward 4 to vacate a portion of utility easement.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated staff found no issues with the request and that all the city's franchise utilities had consented
to the vacation. He stated the only franchise that commented was SWEPCO, who requested that a
condition be included that as the project moved forward, as part of its easement plat, it would
include anything necessary by SWEPCO. He stated the only other condition that was
recommended was that any damage or relocation of existing facilities would be at the applicant's
expense. He noted Elizabeth Topping was present as the applicant for the item.
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Council Member Wiederkehr moved to suspend the rules and go to the second reading.
Council Member Berna seconded the motion. Upon roll call the motion passed 6-0. Council
Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council Member
Jones was absent. Ward 1 Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Wiederkehr moved to suspend the rules and go to the third and final
reading. Council Member Berna seconded the motion. Upon roll call the motion passed 6-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
Ordinance 6679 as Recorded in the office of the City Clerk
Rezoning - 2023-0019: (1634 W. Martin Luther King Jr Blvd./Green Meadow Capital, 521):
An ordinance to rezone that property described in Rezoning Petition RZN 23-019 located at 1634
West Martin Luther King Jr Blvd in Ward 1 for approximately 0.88 acres from R-O, Residential -
Office and C-2, Thoroughfare Commercial, to C-2 Thoroughfare Commercial.
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 with surrounding land uses and briefly spoke of the
proposal's alignment with the Future Land Use Map. He stated staff recommended in favor of the
request and the Planning Commission forwarded the request to council unanimously. He stated
there had been no public comment and noted that Patrick Hennigan was online as the applicant.
Council Member Wiederkehr moved to suspend the rules and go to the second reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed 6-0. Council
Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council Member
Jones was absent. Ward 1 Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Wiederkehr moved to suspend the rules and go to the third and final
reading. Council Member Berna seconded the motion. Upon roll call the motion passed 6-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
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City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Moore voted yes. Council
Member Jones was absent. Ward 1 Position 1 was vacant.
Ordinance 6680 as Recorded in the office of the City Clerk
Laura Gray (Water Damage Claim): A resolution pursuant to §39.10(C)(4) of the Fayetteville
City Code to authorize the Mayor to pay the total amount of $50,000.00 to Laura Gray for a water
damage claim arising at 1284 East Shadow Ridge Drive, and to approve a budget adjustment.
Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the total
amount for all repairs would be $69,746.86. He stated staff recommended reimbursement to Mrs.
Gray for the maximum amount allowed by the City of Fayetteville Code.
Council Member Turk asked if the claim had been brought to the Water and Sewer Committee.
Tim Nyander, "I brought it before Water and Sewer before we had all the estimates in, so I did
not ask for a vote. If you remember, I emailed the committee to see if it was okay to go ahead and
bring it to the committee not to use up another two weeks."
There was brief discussion between Council Member Turk and Tim Nyander regarding the size of
the pipe that had burst. Tim Nyander stated it had been an eight inch pipe.
Council Member Berna moved to approve the resolution. Council Member Moore seconded
the motion. Upon roll call the resolution passed 6-0. Council Member Wiederkehr, Berna,
Bunch, Turk, Hertzberg, Moore voted yes. Council Member Jones was absent. Ward 1
Position 1 was vacant.
Resolution 199-23 as recorded in the office of the City Clerk
Appeal: Conditional Use Permit - 2023-0073: (10 S. Palmer Ave./ Beykirch, 521): A resolution
to grant the appeal of Council Members Scott Berna, Holly Hertzberg, and D'andre Jones and
approve Conditional Use Permit CUP 2023-073 for a Short -Term Rental At 10 South Palmer
Avenue.
Council Member Berna and Council Member Hertzberg briefly explained their reasoning for
sponsoring the appeal.
Jonathan Curth, Development Services Director gave a brief description of the resolution and of
staffls recommendations. He briefly spoke of a gravel driveway that staff had concerns of, and
stated staff recommended including a condition that would not allow the gravel driveway to be
used by guests unless it was to be paved by city standards. He briefly spoke of the parking allowed
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on the property. He noted there had been seven Type Two Short -Term Rentals permitted in a
quarter mile range of the property. He stated there had been public comment received in opposition
of the request with concerns regarding parking, the potential for tailgating issues, the number of
Short -Term Rentals in the area, no onsite ownership nearby to address issues and of taking the
property out of the student housing market. He stated staff recommended in favor of the
Conditional Use Permit, but the Planning Commission recommended unanimously in denial of the
request. He noted representatives from the family were present as applicants for the item.
Ben Israel, Applicants Representative briefly spoke of his real estate career and his residency in
Northwest Arkansas. He described the family's intention when buying the property and spoke of
how they had spent $150,000 to remodel and repair the home. He believed the property would
work well as a Short -Term Rental and did not see any issue with paving the gravel drive.
The City Council received 11 public comments regarding this Resolution.
Council Member Turk spoke of the complaints she had received regarding issues in the
neighborhood. She stated council had not yet received a report of the number of unlicensed Short -
Term Rentals operating in the area and believed the lack of enforcement needed to be addressed
before the council added more Short -Term Rentals. She would not be in support.
There was brief discussion between Council Member Berna and Jonathan Curth regarding if the
property could have gatherings, like tailgating, for game days. Jonathan Curth explained that if the
property were operating as a Short -Term Rental, they could not have gatherings, however if it were
just a property, there were certain exceptions in code that could allow more flexibility.
Council Member Bunch spoke of the three driveways on the property and questioned if only two
of them could have vehicles parked on them because of one being a gravel driveway.
Jonathan Curth, "Staffs recommendation is that it be conditioned such that if it's being used as
a Short -Term Rental, they can't use the driveway on Palmer that's gravel."
There was brief discussion between Council Member Bunch and Jonathan Curth regarding parking
on the property. Jonathan Curth explained how staff evaluated parking and that if the property
were to be a long term rental, individuals could use the gravel driveway that was onsite so long as
it was maintained and not leading to erosion issues.
There was brief discussion between Council Member Hertzberg and Jonathan Curth regarding the
data the city was collecting on noncompliant Short -Term Rentals. Jonathan Curth stated the latest
data the city had received showed that Fayetteville had 365 complaint Short -Term Rentals, 183
noncompliant Short -Term Rentals and 122 properties with an unknown compliance. He stated the
report was not yet fully complete so the numbers could change.
Council Member Turk questioned if Jonathan Curth could describe how the city would handle
the property if it were approved as a Short -Term Rental and had a party.
113 West Mountain Fayetteville AR 72701 (479) 575-8323 WWW.f2yetteviIle-ar.gov
City Council Meeting Minutes
September 05, 2023
Page 14 of 14
Jonathan Curth explained how the property in violation would receive a violation letter to stop
the illegal act or to get a license or permit, and if they did not cooperate in becoming legal, they
could then face a potential fine of up to $250 per day. He stated the city had not yet prosecuted
anyone for repeat violations.
Council Member Moore moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution failed 2-4. Council Member Berna, Hertzberg voted
yes. Council Member Wiederkehr, Bunch, Turk, Moore voted no. Council Member Jones
was absent. Ward 1 Position 1 was vacant.
This resolution failed.
Announcements:
Susan Norton, Chief of Staff announced that the Ordinance Review Committee would meet
tomorrow at 5:00 P.M. in City Hall Room 326. She announced that this week would be Welcoming
Week in Fayetteville and the city would have sponsored events at Arvest Bank Thursday night.
She stated Fall Bulky Waste Pickup was beginning and the dates would be announced on the city's
website. She stated business license renewals would be open September 1"— October 31 Sc
City Council Agenda Session Presentations:
Sales Tax Report - Paul Becker and Energy Report — Peter Nierengarten
Fayetteville Housing Report (1 of 3) - Britin Bostick
City Council Tour: None
Adiournment: 8:36 p.m.
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov