HomeMy WebLinkAbout2023-10-03 - Minutes -Vacant
Ward 1 Position I
Council Member D'Andre Jones
Ward I 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
October 3, 2023
City Council Meeting Minutes
October 3, 2023
Page 1 of 19
Council Member Scott Berna
Ward 3 Position I
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 October 3, 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 D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna,
Sarah Bunch, 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 Turk arrived at the meeting at 5:42 p.m.
Pledge of Allegiance
Citv Council MeetinlZ Presentations. Reports. and Discussion Items:
Monthly Financial Report - Chief Financial Officer
Paul Becker, Chief Financial Officer provided a summary of the Monthly Financial Report for
August. He stated sales tax, located in the general fund, was up slightly by 3% and the year to date
percentage was up overall just under 8%. He stated that both intergovernmental and service
charges were slightly down by 2%. He briefly spoke about the salary increases that were approved
by City Council earlier in the year and that sales tax revenue was being used to fund these changes.
He spoke of HMR Funds being up compared to budget, Water and Sewer fund being up and Trash
and Recycling being down. He briefly explained the airport fuel sales and explained that overall,
the City of Fayetteville was doing well and currently had a slight surplus.
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City Council Meeting Minutes
October 3, 2023
Page 2 of 19
Agenda Additions: None
Consent:
Approval of the September 19, 2023 City Council Meeting Minutes.
APPROVED
DC Sparks Construction, LLC (Contract Approval): A resolution to award Bid #23-29 and
authorize a contract with DC Sparks Construction, LLC in the amount of $491,000.00 for the
expansion of the Fleet Shop, and to approve a project contingency of $63,803.00.
Resolution 207-23 as recorded in the office of the City Clerk
Flintco, LLC (Change Order #1): A resolution to approve Change Order 41 with Flintco, LLC
in the amount of $1,703,019 for work associated with the construction of Fire Station 2, and to
approve a budget adjustment - 2019 Bond Program.
Resolution 208-23 as recorded in the office of the City Clerk
Riggs Caterpillar Equipment (Purchase Agreement): A resolution to approve the purchase of
one Caterpillar Backhoe Loader and one Caterpillar Excavator from Riggs Caterpillar Equipment
for the total amount of $221,563.00, plus any applicable taxes and freight charges, pursuant to a
Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment.
Resolution 209-23 as recorded in the office of the City Clerk
Step into Swim Grant Program (Grant Acceptance): A resolution to authorize the Mayor to
accept a grant in the amount of $500.00 from the Step into Swim Grant Program through the Pool
and Hot Tub Alliance, and to approve a budget adjustment.
Resolution 210-23 as recorded in the office of the City Clerk
Jack Tyler Engineering, Inc. (Equipment Rental): A resolution to approve a two -month
extension of the pump rental from Jack Tyler Engineering, Inc. being used at the Gregg Avenue
Sewer Lift Station for a total cost of $41,675.00.
Resolution 211-23 as recorded in the office of the City Clerk
MCCI, LLC (Purchase Agreement): A resolution to approve the purchase of document and
records management services, on an as -needed basis, from MCCI, LLC pursuant to an Omnia
Partners Cooperative Contract through November 30, 2025, and any future renewal periods.
Resolution 212-23 as recorded in the office of the City Clerk
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City Council Meeting Minutes
October 3, 2023
Page 3 of 19
Fayetteville Fire Department Administrative Policies (Resolution): A resolution to approve
the reviewing and updating of Fayetteville Fire Department Administrative Policies.
Resolution 213-23 as recorded in the office of the City Clerk
Council Member Bunch moved to accept the Consent Agenda as read. Council Member
Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Bunch,
Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Council Member Turk was
absent for vote. Ward 1 Position 1 was vacant.
Unfinished 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. At the September 5, 2023 City
Council Meeting, this item was tabled to the October 3, 2023 City Council Meeting.
Council Member Jones stated Emma Willis, a consultant for the applicant, was available to share
information regarding the proposal to the council.
Emma Willis, Consultant with Northwest Arkansas Black Heritage stated she had sent the council
a document that contained a summary of the vision for the Historic Spout Spring Community, also
known as South Fayetteville. She requested they be given ample time to do the project in an orderly
fashion that respected the protocols of the State of Arkansas as well as the City of Fayetteville.
She stated they were seeking to be partners with the City of Fayetteville and to draft a resolution
that would allow for a local historic district. She stated the benefits of creating the district were
included in the summary she had sent to the City Council. She requested the current resolution be
tabled indefinitely and would return to the Council after developing the needed partnerships.
There was brief discussion between Council Member Jones and Emma Willis regarding what the
next steps of the process would be. Emma Willis gave a brief explanation of the future steps to
creating the historic district; reviewing state law and City of Fayetteville ordinances to ensure
compliance, working with community members and stakeholders to begin the process of signature
collection, submitting finalized documents to the City of Fayetteville and then seeking guidance
from the City Attorney's Office to see if there would be anything additional required. She stated
there would also be education nights for the community members to attend.
Council Member Jones, "As it relates to the signatures, the signatures need to be from residents
who live in that vicinity, correct?"
Emma Willis stated that was correct. She explained how they had strategized on how they would
collect a majority of the signatures and that it would be a series of community events that would
allow individuals to ask questions and express ideas.
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City Council Meeting Minutes
October 3, 2023
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Council Member Jones, "You've been working with the Attorney General's Office, correct?"
Emma Willis had previously received comments from the Attorney General's Office that had been
shared by the City of Fayetteville on the requirements for a historic district. She stated Britin
Bostick, Long Range Planning/Special Projects Manager with the City of Fayetteville, had given
her direct feedback on those requirements and stated she planned to follow that outline.
Council Member Jones, "My next point, of course, is city staff involvement and city staff
engagement. You mentioned Britin and how she's helped. How would you describe that
relationship?"
Emma Willis stated Britin Bostick had been very receptive and warm. Britin explained the history
about the area and shared the names of significant individuals who had influenced the area. Emma
stated it had been great working with the City of Fayetteville thus far.
Council Member Jones stated Emma Willis had identified popular historic communities in her
document. He referenced her inclusion of Tulsa, Oklahoma and asked her to explain past projects.
Emma Willis stated the City of Tulsa had been riddled with a massacre that left their black
residents displaced and those that had stayed behind were still working to rebuild what was Black
Wall Street. She stated that through public/private partnership, the city area philanthropy and the
community came together to be able to raise back up the Historic Greenwood District and stated
that would be similar to what they would be seeking in the City of Fayetteville. She stated they
contacted and looked to the following cities for guidance; the City of Tulsa, the City of Kansas
City and the City of Houston. Throughout her research she had looked to the City of Tulsa, City
of Kansas City and the City of Houston for guidance.
Council Member Jones, "Can you explain to the council how that district continues to benefit
Tulsa?"
Emma Willis explained how tourism was at the core of the historic district in the City of Tulsa.
She stated it also allowed for the city to be able to recreate housing and to create spaces that allowed
for individuals in various stages of their financial life to inhabit. She explained the other amenities
the historic district held and said there was no definite shortage of history in the City of
Fayetteville. The goal of the historic district was about putting in a place where everyone could go
to see and enjoy the area.
Council Member Jones questioned what the economic impact of the future historic district would
have on South Fayetteville.
Emma Willis, "As you go through the document, there's one fairly significant piece in nearness
to Afrofuturism museum. We are looking to take this work in creating this historic district and
anchoring it with a very significant piece of architecture, that will not only uplift the African
American story, but also what Afrof iturism is, which is the bright future, it can be anything you
imagine. What we imagine will happen here in this historic district is that through the development
of spaces like a museum, we'll be able to drive additional tourism dollars into the city, and because
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
October 3, 2023
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of that, we should have an opportunity to project more building in terms of homes and houses. I
know we have a housing shortage here in Northwest Arkansas, I think that the corridor is perfectly
suited to be able to do that. There are still plenty of spaces that would allow for that to happen. At
the core, we want to stabilize your tax base in that area, we really want to get to the point where
we're contributing, we're allowing for more to be imagined over in Ward One and because of that
we put in an Afrofuturism museum. We also noted the historic Jefferson Elementary and some
potential use for that, we've taken some time to sit down and talk with them. But it's a community
that's willing to innovate, to help solve for some of the things that are ailing right now the City of
Fayetteville, and I know housing is one of them."
Council Member Jones thanked Emma Willis for her work on the project. He stated that if any
of the council members had questions at any point in time, they could reach out to her directly.
Council Member Berna applauded Emma Willis for her approach to the project. He verified that
she wanted the current resolution to be tabled indefinitely.
Emma Willis wanted additional time to create a new resolution that included the goals created
through partnerships.
City Attorney Kit Williams briefly spoke of how tabling the resolution indefinitely would cause
it to expire on December 31 St. He spoke of how the resolution should have a new start because it
was going in a different direction, a more legal direction, so he believed tabling indefinitely was
the right thing to do.
Council Member Jones agreed with Emma Willis on creating a new resolution.
Council Member Moore thanked Emma for the packet she provided to council. She agreed with
Emma Willis regarding the economic drivers the resolution would create in the area and how it
would help stabilization. She was excited to see what would come of the project and of the
additional individuals that would be welcomed to Fayetteville. She briefly spoke of signatures that
were required for the historic district and questioned if Emma Willis needed any city resources or
funding in order to get the signatures and facilitate conversations with the community.
Emma Willis stated additional resources were always helpful but understood that the decision
would be made by City Council.
Council Member Turk thanked Emma Willis for the document and presentation. Council
member Turk Wanted to know how Emma envisioned working alongside the City of Fayetteville
Historic District Commission and the Black Fayetteville Historic Preservation Commission.
Emma Willis explained the stakeholders in the project will meet to properly define the project.
Council Member Turk expressed her support of Emma's answer.
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City Council Meeting Minutes
October 3, 2023
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Council Member Wiederkehr explained he had toured the Greenwood District with the previous
Executive Director of the Tulsa Historical Society and admired the impressive history of the
district.
Council Member Jones thanked Council Member Wiederkehr. He requested a tour to and speak
with residents in the area and to understand how impactful a historic district would be.
Emma Willis planned to provide renderings and financial projections in December based off of
historical events that had happened in Fayetteville from a tourism aspect.
There was brief discussion regarding a tour being scheduled for the proposed area. Mayor Jordan
stated City Council could set up a time that was convenient to go and look at the property. Emma
Willis stated she was available anytime. There was no set date decided for the tour.
Council Member Jones moved to table the resolution indefinitely. Council Member Bunch
seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk,
Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant.
This resolution was tabled indefinitely.
Mayor's Announcements, Proclamations and Recognitions:
Presentation of the Distinguished Legislator Award to AR State Representative David
Whitaker - AR Municipal League.
This item was not presented during the beginning of the City Council meeting due to individuals
being late for the meeting.
John Wilkerson, General Counsel & Legislative Director at Arkansas Municipal League briefly
spoke of his history of friendship with David Whitaker and how he was a champion for the City
of Fayetteville. He described how David Whitaker had an immense respect among his peers and
how he was always eager to talk with individuals and work through issues. He stated Mr. Whitaker
was a true gem of the legislature and that Fayetteville was blessed to have him representing the
city. He presented Mr. Whitaker with the Distinguished Legislature Award.
David Whitaker, District 12 Arkansas State Representative, "First of all, I want to thank the
Arkansas Municipal League for this recognition. But very briefly, I want to also thank you, Mr.
Mayor, and esteemed Council Members. The idea of service started early in my life, but it came
to fruition in this very building. I learned a lot of incredibly good things about duty, and service,
and loyalty. And I thank my old boss, Kit Williams, for teaching me much of that. And everything
I've learned in this building has stood me in good stead with the legislature. I will never cease
being your best and strongest advocate. Our cities are what make this state and I believe it's not
long ago the Municipal Leagues' moto was strong cities make a strong state and I'm absolutely
100% a believer in that. I will fight until I am done to preserve your ability to run your own affairs.
Thank you all and thank you everybody."
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City Council Meeting Minutes
October 3, 2023
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City Attorney Kit Williams, "I'd like to say that was one of my smartest appointments that I did
right after becoming City Attorney, to hire David. He did a great job there until he decided he
wanted to seek higher office and then had been elected and served in the legislature for many,
many years and has always been a great friend to Fayetteville. I also want to thank John Wilkerson
of the Municipal League. He's been very helpful for us throughout all his service there in the
Municipal League. Thanks for coming up and giving David this, it's well deserved."
New Business:
Halff Associates (Contract Approval): A resolution to authorize a contract with Halff
Associates, pursuant to RFQ 23-01, for Planning and Design Services for Combs White River Park
for the amount of $181,812.00, to approve a project contingency in the amount of $5,000.00, and
to approve a budget adjustment.
Alison Jumper, Parks & Recreation Director gave a brief presentation of the concept plan staff
had created for the project. She stated that once the contract was approved, design work was
expected to begin immediately with construction drawings being wrapped up next summer. She
stated the work was planned to be coordinated with the dam removal and stream restoration work
that was being done by the Watershed Conservation Resource Center. She gave a brief description
of the vision for the project and the next steps in the process. She stated Sandi Formica, Executive
Director at Watershed Conservation Resource Center, was available for questions.
Council Member Turk noted there were no requirements in the proposal for native stones,
lithographs or plant material. She questioned if that was already in a plan required by the city or if
there needed to be further conversation regarding that.
Alison Jumper stated that level of specificity wasn't required at this point in the process, but once
the design development and construction documentation was started, that was where it would be
discussed.
Council Member Turk spoke of how a hazardous site had been close to the project. She wanted
the public to know the site had been double and triple checked to ensure it was no longer hazardous.
She questioned if there could be some discussion regarding putting a parking lot in the area.
Alison Jumper, "That site was the site of the former RMP electroplating site, I think that's what
you're referring to. The site was remediated in 2010 and I believe in 2012 was cleared by ADEQ
for unrestricted development. In other words, anything can be developed on that property at this
point, because it had met the standards for that remediation."
Council Member Turk, "I haven't read that report, I'm glad that you have or someone in the office
has, but does that mean that any dirt any kind of silt, any kind of dust that's turned up, that's okay?
Or does it mean that it really needs to be capped with something very solid?"
Alison Jumper, "There was no recommendation for a cap, the remediation measures actually
removed most of the soil from that site and brought in new clean soil."
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City Council Meeting Minutes
October 3, 2023
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Mayor Jordan, "Yeah, we dug down and got that soil out, because it was contaminated as you
would say, it was pretty bad."
Council Member Turk wanted to ensure the public was safe and questioned if it would be
worthwhile to test the soil again. She believed that would ease her mind.
Mayor Jordan, "No problem there."
Council Member Bunch believed the proposal looked amazing for that part of the community.
She briefly spoke of how the area looks better than it had previously looked already.
Council Member Wiederkehr had been present at the interviews for the potential contractors and
was impressed with both city staff and the applicants.
Mayor Jordan loved the project and believed it would be great for Fayetteville. He briefly spoke
of how the council had discussed the area back when he had been a part of the City Council.
Council Member Wiederkehr moved to approve the resolution. Council Member Turk
seconded the motion. Upon roll call the resolution passed 7-0. Council Member Bunch, Turk,
Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was absent.
Resolution 214-23 as recorded in the office of the City Clerk
Leonard W. Stitz (Condemnation): A resolution to authorize the City Attorney to seek
condemnation and possession of certain lands owned by Leonard W. Stitz needed for the West
Transmission Water Main Project.
Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the land agent
and consulting engineer met with Mr. Stitz and that city staff had also sent him an offer letter, but
Mr. Stitz stood firm that he was not interested in granting the City of Fayetteville an easement. He
stated staff recommended the City Attorney file for order of possession of the easement and the
value of the property was appraised at $3,000.00. He explained how the cost was an estimate based
on the appraised value of the property and that the final cost was subject to negotiation with the
property owners and by court order.
Council Member Moore spoke of how the landowner had not been agreeable to the easements
and questioned if he had given any feedback regarding that.
Tim Nyander, "The feedback was he just really didn't understand why the City of Fayetteville
would need an easement in Springdale, so to speak. You can see the thought process there, but we
are trying to run a water transmission line from Beaver Water in Lowell to the City of Fayetteville."
Council Member Berna, "Just for clarification, even with this resolution, it does not prevent city
staff or land agents or the owner to continue negotiations, right? It can go all the way up to court?"
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City Council Meeting Minutes
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Tim Nyander stated that was correct, staff would negotiate up until the judge calls the court order.
City Attorney Kit Williams briefly explained the City of Fayetteville's record of condemning
properties and negotiating with property owners. He stated the City of Fayetteville would continue
to try to negotiate with the property owner to settle the case in a fair way. He stated that the
condemnations for the easements must get done so the City of Fayetteville could obtain the loan
required at the right rate so that it was not costly to the city as a whole to pay for the project.
Tim Nyander corrected himself from a comment at the previous City Council meeting by stating
staff had contacted all 28 property owners regarding easements.
Council Member Wiederkehr spoke of how most individuals ignored communication until it
came to an actual court date itself, he believed the day before a trial was usually when things settled
out. He believed it was in everyone's best interest for the council to authorize the City Attorney to
proceed on the condemnations.
Council Member Wiederkehr moved to approve the resolution. Council Member Berna
seconded the motion. Upon roll call the resolution passed 7-0. Council Member Bunch, Turk,
Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant.
Resolution 215-23 as recorded in the office of the City Clerk
2024 Millage Levy (Ordinance): An ordinance levying a tax on the real and personal property
within the City of Fayetteville, Arkansas, for the year 2023 fixing the rate thereof at 2.3 mills for
General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the
Policemen's Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations and 1.2
mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk
of Washington County, Arkansas.
City Attorney Kit Williams read the ordinance.
Paul Becker, Chief Financial Officer stated he had not yet gotten an answer from the Assessor's
Office and requested the council not approve the item yet. He stated that by the next City Council
meeting, he should know if the city will experience a roll back or not. He wanted the public to
understand that this was the same tax rate the city had in previous years and the city was asking
that it be continued at that rate. He briefly spoke of the mills and stated that if the city had a
rollback, he would request a modification to the ordinance at the next meeting.
This ordinance was left on the First Reading.
Amend §118.05 Penalty (B) City Services Termination (Ordinance): An ordinance to amend
§ 118.05 Penalty (B) City Services Termination to add an additional subsection (2) to provide a
procedural due process hearing opportunity for unlicensed Type 2 Short Term Rentals prior to
withholding city services.
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City Council Meeting Minutes
October 3, 2023
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City Attorney Kit Williams read the ordinance.
Council Member Hertzberg stated the Ordinance Review Committee had been tasked with
reviewing the Short -Term Rental Ordinance and making recommendations of changes. She stated
on of the major issues of concern was in regard to the number of Type 2 Short -Term Rentals
operating illegally. She spoke of how the Ordinance Review Committee brought the ordinance
forward to authorize the withholding of City Services as a penalty for violations.
Mayor Jordan thanked the Ordinance Review Committee for their work on the ordinance.
Council Member Bunch believed the ordinance was a good approach and that it offered enough
time for individuals to get themselves into compliance.
Council Member Turk thanked the Ordinance Review Committee. She believed the ordinance
was the most well-balanced solution to some of the illegal activity that had been going on with
Type 2 Short -Term Rentals.
Council Member Turk moved to suspend the rules and go to the second reading. Council
Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member
Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position
1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Turk moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council
Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1
Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Moore requested for some level of decision making to weigh the biggest
offenders regarding illegal operation of a Type 2 Short -Term Rentals. She asked that the
individuals operating illegally get into compliance or even consider offering their property as a
longer termed rental due to the housing crisis.
Mayor Jordan informed the council that since they had now given him the authority, the
ordinance would be enforced.
Council Member Bunch stated that anyone using the platform Airbnb had been notified about
the upcoming changes with the ordinance.
Council Member Wiederkehr did not feel sorry for the businesses operating illegally and
suspected the city was going to send out letters to the noncompliant Short -Term Rentals promptly.
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City Council Meeting Minutes
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Council Member Berna stated it was not the city's goal to disconnect services, the city's goal
was to get individuals in compliance. He briefly spoke of why he was in support of the ordinance.
There was brief discussion between Council Member Hertzberg and Council Member Berna
regarding the fact that there were still business licenses available and that the City of Fayetteville
hadn't reached the cap yet for Type 2 Short -Term Rentals.
Mayor Jordan, "I've got an ordinance, that's going to be the law, and I'm going to enforce it."
Council Member Turk stated there had been a lot of discussion, debate and press over the
proposal. She supported city staff and believed the process was fair and that everyone had been
given a lot of notice to get in compliance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes.
Ward 1 Position 1 was vacant.
Ordinance 6687 as Recorded in the office of the City Clerk
Vacation-2023-0004: (817 E. Dogwood Ln./Buxton, 486): An ordinance to approve VAC 23-04
for property located at 817 East Dogwood Lane in Ward 1 to vacate a 0.16-acre portion of alley
right-of-way.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated the only issue staff identified with the request were matters of utility consent. He stated staff
had received all the documents from the necessary franchise utilities, Transportation Department
and the Trash and Recycling Department. He spoke of how the Planning Commission intended to
place the item on the Consent Agenda but had wanted to hear what the public had to say, but
ultimately nobody had spoken at the meeting. He stated staff recommended approval of the request
with the conditions outlined by City Attorney Kit Williams. He stated the Planning Commission
forwarded the request to City Council unanimously. He noted William Gagner was available
online as representative for Blew & Associates.
William Gagner, Director of Property Condition Assessment with Blew & Associates had
technical difficulties and was unable to speak via zoom during the City Council meeting.
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member
Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position
1 was vacant.
City Attorney Kit Williams read the ordinance.
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City Council Meeting Minutes
October 3, 2023
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Council Member Moore 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 7-0. Council
Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. 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 7-0.
Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes.
Ward 1 Position 1 was vacant.
Ordinance 6688 as Recorded in the office of the City Clerk
Administrative-2023-0028: (Amend UDC §151,163, and 164): An ordinance to amend § 151.01
Definitions, § 163.05 Child Care; Nursery School, and § 164.24 Registered Child Care Family
Homes of the Unified Development Code to align the city's childcare family home requirements
with state law.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief overview of the background on the
City of Fayetteville's childcare requirements. He spoke of how the ordinance would be getting rid
of a lot of language in the code and making it shorter, whereas several sections were being cut out
and making reference to state statute in lieu of them being replicative or duplicative in the city's
ordinances. He stated staff recommended in favor of the request and the Planning Commission
forwarded it to City Council unanimously. He stated there had been no public comment received
on the item.
Council Member Berna moved to suspend the rules and go to the second reading. Council
Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council
Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1
Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Berna 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 7-0. Council
Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. 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 7-0.
Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes.
Ward 1 Position 1 was vacant.
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City Council Meeting Minutes
October 3, 2023
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Ordinance 6689 as Recorded in the office of the City Clerk
Rezoning-2023-0022: (5672 W. Tackett Dr/Hogrefe, 436): An ordinance to rezone the property
described in Rezoning Petition RZN 2023-0022 for approximately 2.32 acres located at 5672 West
Tackett Drive in Ward 4 from R-A, Residential Agricultural to RSF-4, Residential Single -Family,
four units per acre.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated the applicant had shared that they needed the rezoning so they would be able to build a shed
on the property. He stated staff found the proposal to be a compatible land use in the area and that
when looking at the proposal from a Future Land Use Map, the property had a split designation; a
natural area, which was intended to not be developed or to be developed to the lowest extent
possible and a residential neighborhood area, which was intended to encourage a wide variety of
residential uses. He briefly spoke of the infill rating of the property and how it was between a 3-5.
He briefly spoke of the issues regarding the request in terms of the existing city infrastructure and
the proximity to the floodplain and floodway associated with Owl Creek. He noted the property
was subject to the City of Fayetteville's Streamside Protection Requirements and spoke of the
hydric soils. He stated the tree canopy requirements would stay at 25%. He briefly spoke of the
Public Comment that had been received for the request and how the neighbors nearby had concerns
but ultimately expressed their support of the request with the understanding that the applicants
intent was to rezone the property for reduced setback so they could build a shed. He stated staff
ultimately recommended approval of the request and the Planning Commission was split on their
consideration with a vote of 6-2. He noted Alan Hogrefe was present as the applicant.
Alan Hogrefe, Applicant stated he and his wife loved the property and planned to use the home
during retirement. He spoke of how he had talked with the Building Department about replacing
his old shed with a new one in the same place. He was told that he would need to be 20 feet off the
property line with the new shed, which would cause him to have to take down several large trees.
He was not planning to build anymore homes on the property or to sell the property, he just wanted
a bigger shed.
Council Member Turk questioned why the applicant pursued a rezoning instead of a variance.
Alan Hogrefe stated he was going to go with a variance but was told that he would have to prove
a hardship and that he wouldn't be able to get it passed as a variance.
City Attorney Kit Williams, "They gave him good advice because this is the way to do it. Like
he said, he would not be able to get a variance for that. It actually has to go to the Board of
Adjustments, for that and we can't overrule the Board of Adjustments, any appeals from them goes
to Circuit Court. So, this is by far the best solution for his problem."
Mayor Jordan questioned how big the shed would be.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov
City Council Meeting Minutes
October 3, 2023
Page 14 of 19
Alan Hogrefe was going to have a prebuilt shed, sized around 16x44, delivered to his home. He
briefly spoke of how he was trying to put the new shed just off the property line so that he would
only have to cut down a few small trees, but with the Building Department telling him he would
have to place the shed 20 feet from the property line, it would have required him to cut down
several large trees. He was trying to stay away from cutting the large trees down.
There was brief discussion between Council Member Turk and Alan Hogrefe regarding only
rezoning the portion of the property that was not in the floodplain.
Council Member Bunch questioned how much property was in the floodplain versus out of the
floodplain and what could be built on the property.
Jonathan Curth stated about .6 acres of the property was within a floodplain or floodway. He
stated that under the requirements of the RSF-4 zoning district, the property could theoretically be
split into four lots. He went on to explain that the nearby street was not wide enough to meet basic
fire code, which would be a baseline standard to be able to subdivide that property into four lots.
Council Member Bunch stated she would take Mr. Hogrefe on his word that he would only be
building a shed and not subdividing the property based on Jonathan Curth's explanation.
Council Member Wiederkehr spoke of how Mr. Hogrefe could build an accessory dwelling unit
on the property and questioned how large the unit could be.
Jonathan Curth stated accessory dwelling units were allowed to be 1,200 square feet.
Council Member Turk had concerns regarding the floodway/floodplain being rezoned. She
proposed that portion of the property be left under the Residential Agricultural zoning, and the rest
of the property be rezoned as requested. She asked if she could amend the ordinance to reflect that.
Jonathan Curth, "I'm going to need to lean on your parliamentarian on whether you can amend
it by exhibit or by description, typically it would require a legal description, which is one reason
despite staff sometimes recommending people rezone property to split designations like R-A in
floodplain, they often opt to rezone a full property because that's the legal description they have
on their deed, and it's just an easier route. I don't know if the council's authority allows that or not,
I have to defer to Mr. Williams."
City Attorney Kit Williams, "Well, as I read the ordinance, it certainly refers to the legal
description, which we have one right now for the whole piece of property, we don't have a legal
description that would divide the floodplain away from the rest of the property and also calls for a
map, which we don't have either at this point in time, we probably could get some sort of map from
GIS, but the legal description is not something you really get from our GIS system. Floodplains,
of course, have a lot of protection anyway, we have much more strict requirements on floodplain
development. But to require a legal description, he'd have to hire a surveyor, we'd have to wait for
the legal description to be completed, then you all would need to amend the ordinance to that but
that's the easy part. The hardest part is getting a survey and paying for it, but that's a way you could
do it if the City Council decides that you will not pass this without having the floodplain to remain
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
October 3, 2023
Page 15 of 19
R-A then you'll need a legal description and you'll need to have the applicant hire a surveyor and
provide that to you."
Council Member Turk offered for the applicant to come forward and comment on the discussion.
Council Member Bunch believed the applicant had made it clear he had followed city staffs
recommendations and that he deserved the opportunity for City Council to vote on exactly what
he had applied for.
Alan Hogrefe was unsure of the cost required to do all the steps the City Attorney had listed and
how long it would take to complete said steps. He briefly spoke of the details regarding his
property, the nearby sewer easement and the narrowness of the road. He spoke of how he had
talked with the county regarding his current zoning and his taxes.
Council Member Bunch moved to suspend the rules and go to the second reading. Council
Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member
Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position
1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Berna 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 7-0. Council
Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1
Position 1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Turk was not in support of the request because she believed that the zones in
areas close to streams needed to be as low density as possible.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1.
Council Member Bunch, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes.
Council Member Turk voted no. Ward 1 Position 1 was vacant.
Ordinance 6690 as Recorded in the office of the City Clerk
Rezoning-2023-0024: (East of N. College Ave./Moles, 096): An ordinance to rezone the property
described in Rezoning Petition RZN 2023-0024 for approximately 6.79 acres located east of North
College Avenue near Waterside Court in Ward 3 from C-2, Thoroughfare Commercial to CS,
Community Services.
City Attorney Kit Williams read the ordinance.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov
City Council Meeting Minutes
October 3, 2023
Page 16 of 19
Jonathan Curth, Development Services Director gave a brief description of the ordinance and
the characteristics of the property. He stated staff found the request to be compatible and briefly
described the uses allowed in the requested zoning. He briefly spoke of how rezoning the area
would be beneficial. He stated staff found the request to be compatible with the city's Future Land
Use Map designation for the property, which was a city neighborhood area. He briefly spoke of
how the Community Services zoning district aligned with the Urban Center zoning district by
allowing a smaller scale of residential and nonresidential uses. He gave a brief description of how
the property was an appropriate place for infill and of the property's accessibility. He noted there
were concerns regarding how the property would connect to the City of Fayetteville's street
networks. He spoke of how the current request and the next rezoning request were associated and
stated that because of that, staff felt a level of comfort that the concerns would be addressed if both
the properties were rezoned and would later come through for development. He noted that the
property possibly had a small amount of floodplain along the northern property line but staff felt
it was undevelopable and so it would not pose a concern. He stated the rezoning would increase
the amount of tree canopy required on the property with a requirement of 20%. He stated there
were several inquiries of public comment regarding the request with no statements for opposition
or support. He noted staff recommended in favor of the request and the Planning Commission felt
similarly, forwarding to City Council unanimously. He stated Jason Appel was present as the
applicant for the item.
Jason Appel, Secretary/Treasurer with Engineering Services Inc. was available for questions.
Council Member Turk questioned if there was a topography map of the area. She believed the
property was very steep and had large geographical changes.
Jonathan Curth presented a picture that highlighted the property in question and spoke of the
area on the property that contained a slope.
Council Member Turk questioned how Mr. Curth envisioned the connectivity between this
rezone request and the next rezone request on the agenda. She noted there looked to be a ravine
between the two properties in question.
Jonathan Curth, "The other property is actually platted as an unbuildable lot. It was part of the
detention system for the adjoining plat, but that was also contemplated as a part of the previous
PZD. If you'll allow me a moment, see if I can pull this up where it's visible. The applicant may
be able to speak more about if there's a current detailed proposal for how it'd be accessed but here
you can see the site plan from the previous project where it did include a right in right out near
College Avenue. Obviously, this has been superseded by the trail, but then would be intended to
access out to the cul-de-sac as part of the Timber Lake Office park subdivision. But again, I have
to defer to the applicant if they've gotten that far in their design at this point."
There was brief discussion between Council Member Turk and Jonathan Curth regarding if there
would be a requirement for a detention pond on the property. Jonathan Curth answered yes, the
property would be subject to the City of Fayetteville's Drainage Criteria Manual. This was
followed by brief discussion regarding the allowances of the proposed rezoning.
113 West Mountain Fayetteville: AR 72701 (479) 575-8323 www.fayetteville-ar gov
City Council Meeting Minutes
October 3, 2023
Page 17 of 19
City Council Members of Ward 3 stated they had not heard anything regarding the request.
Jonathan Curth stated the only public comment he had heard was prior to the Planning Commission
meeting.
There was brief discussion between Council Member Turk and Jonathan Curth regarding if there
were any prohibitions against building on slopes that were greater than 15% when not in the
Hillside Hilltop Overlay District. Jonathan Curth explained how the City of Fayetteville's
Development Code encouraged interactions with the trail system and that there are additional
standards for areas of steep slope, particularly regarding wall construction.
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member
Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position
1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Moore 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 7-0. Council
Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. 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 7-0.
Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes.
Ward 1 Position 1 was vacant.
Ordinance 6691 as Recorded in the office of the City Clerk
Rezoning-2023-0023: (West of 4451 N. Waterside Ct./University Club Land Co LLC, 096):
An ordinance to rezone the property described in Rezoning Petition RZN 2023-0023 for
approximately 3.37 acres located west of 4451 North Waterside Court in Ward 3 from R-O,
Residential Office to CS, Community Services.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director noted this property was part of the parcel that
had been considered previously. He gave a brief description of the ordinance and stated it was
platted as unbuildable. He noted staff s findings were similar to the previous rezoning request
listed above and noted the differences between both proposals. He stated the property had direct
street access, including a curb cut, and had no existing floodplain or hydric soils. He stated staff
recommended in favor of the request as did the Planning Commission, forwarding it to City
Council unanimously. He stated Jason Appel was present as the applicant on this item as well.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov
City Council Meeting Minutes
October 3, 2023
Page 18 of 19
Council Member Wiederkehr questioned why a lot would be platted as unbuildable.
Jonathan Curth, "Often because we require it. When a lot is intended for a purpose like detention,
we do it to not just ensure it stays in that function indefinitely, but also to protect future buyers.
That is surprisingly often caught in title searches that properties are undevelopable that may
otherwise not be caught. We've seen some older pieces of land in the city conveyed to people and
they had no idea that they included stormwater facilities. It does unfortunately happen periodically
and so we do it in an effort to make sure it is captured as perhaps one of the most legitimate
documents that anyone would consider when reviewing a piece of property."
Council Member Wiederkehr, "How do we handle the conflict between zoning something as
having uses and yet being platted unbuildable?"
Jonathan Curth, "In this case, as I believe it was handled taking this specific example, it typically
comes with an implication that if it's a detention pond, they want to reengineer the property and
replat it as buildable, that can be possible. There's also a lot of interactions in our development
code as with many cities where there can be unexpected conflicts. If you're developing properties
that straddle different zoning districts, whether it's a matter of building setbacks, building heights,
things of that nature, or even access points coming from one zoning district to another can create
issues. So generally, it's a best practice wherever possible to have your developable area within
one zoning district. That's why a lot of people are amenable to rezoning to R-A in floodplain areas
because that's not an area they intend to develop with a project."
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member
Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position
1 was vacant.
City Attorney Kit Williams read the ordinance.
Council Member Moore 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 7-0. Council
Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. 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 7-0.
Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes.
Ward 1 Position 1 was vacant.
Ordinance 6692 as Recorded in the office of the City Clerk
Announcements:
113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar.gov
City Council Meeting Minutes
October 3, 2023
Page 19 of 19
Susan Norton, Chief of Staff announced that Saturday would be the second of four Bulky Waste
Cleanups, Saturday would also be the Square to Square Ride and then Monday would be the Fire
Station Number 2 groundbreaking ceremony.
City Council Agenda Session Presentations:
2024 General Fund Budget - Paul Becker
Sales Tax Report - Paul Becker and Energy Report - Peter Nierengarten
Fayetteville Housing Report 2 of 3 - Britin Bostick
City Council Tour: None
Adiournment: 7:49 p.m.
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov