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HomeMy WebLinkAbout2023-11-07 - Minutes -Vacant Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting November 7, 2023 City Council Meeting Minutes November 7, 2023 Page 1 of 22 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on November 7, 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, Senior Deputy City Clerk Jackson Shelton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Teresa Turk arrived at 5:38 p.m. Pledge of Allegiance Mayor's Announcements, Proclamations and Reco6nitions: None Citv 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 briefly spoke of the city's salary increases that had been approved earlier this year. He stated sales tax was currently up 6.6% and the General Fund was up roughly 6%. He expected the city to finish the year on a positive note. He stated the Street Fund was essentially flat, the Parking Fund was down 9% and HMR taxes were down a half percent. He stated the Water and Sewer revenue was flat at this point in time and the Trash and Recycling fund was down roughly 3%. He briefly spoke of the Airport and how the fuel sales were down 28% compared to last year. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 7, 2023 Page 2 of 22 Azenda Additions: None Consent: Approval of the October 17, 2023 City Council Meeting Minutes. APPROVED Tyler Technologies, Inc. (Service Agreement): A resolution to approve an agreement with Tyler Technologies, Inc., for a new billing and payment system and payment processing merchant account. Resolution 234-23 as recorded in the office of the City Clerk Stilwell Consulting (Service Contract): A resolution to approve a contract with Stilwell Consulting in the amount of $188,900.00 for the creation of an Arts and Culture Plan for the City of Fayetteville, and to approve a project contingency in the amount of $7,600.00. Resolution 235-23 as recorded in the office of the City Clerk Crafton, Tull & Associates, Inc. (Service Contract): A resolution to approve a Professional Engineering Services Agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 23-01 Selection #6, in an amount not to exceed $204,275.00 for design services associated with the Drake Street Trail Connection, and to approve a project contingency in the amount of $25,000.00. Resolution 236-23 as recorded in the office of the City Clerk Omnia Partners (Products/Services Contract): A resolution to approve the purchase of technology product solutions and related services from CDWG on an as -needed basis, pursuant to an Omnia Partners Cooperative Contract, through April 30, 2026, and any future renewal periods. Resolution 237-23 as recorded in the office of the City Clerk LRS South, LLC (Franchise Agreement): A resolution to approve an agreement with LRS South, LLC for the hauling and disposal of solid waste and recyclable materials in the City of Fayetteville. Resolution 238-23 as recorded in the office of the City Clerk Hamilton Alliance, Inc. (Service Contract): A resolution to approve an agreement with Hamilton Alliance, Inc. for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville. Resolution 239-23 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 3 of 22 Outbound Waste, LLC (Service Contract): A resolution to approve an agreement with Outbound Waste, LLC for the hauling and disposal of solid waste and recyclables in the City of Fayetteville. Resolution 240-23 as recorded in the office of the City Clerk Clabber Creek Sewer Repair (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $344,960.00 to fund the repair of a 48-inch sewer main in the Clabber Creek area. Resolution 241-23 as recorded in the office of the City Clerk City of Farmington (Sanitary Sewer Service Contract): A resolution to approve a contract for Sanitary Sewer Service between the cities of Farmington and Fayetteville in which Fayetteville will accept and treat sewerage from Farmington in Fayetteville's Wastewater Treatment Facility through December 31, 2032. Resolution 242-23 as recorded in the office of the City Clerk Garney Companies, Inc. (West Water Transmission Main): A resolution to authorize a Construction Manager at Risk Contract with Gamey Companies, Inc., pursuant to RFQ 23-05, for the West Transmission Water Main Project in the initial amount of $690,329.00, and to approve a budget adjustment. Resolution 243-23 as recorded in the office of the City Clerk Misty Simpson Water Damage Claim (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $80,039.00 to fund the Misty Simpson Water Damage Claim at 2425 East Sharon Street. Resolution 244-23 as recorded in the office of the City Clerk Arkansas One -Call System, Inc. (Utility Locating Services): A resolution to approve the purchase of Utility Locating Services for 2023 from Arkansas One -Call System, Inc. in an amount not to exceed $45,000.00. Resolution 245-23 as recorded in the office of the City Clerk Water & Sewer Vehicle and Trailer Repair (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $20,000.00 to cover the repair and replacement costs for two units used by the Water & Sewer Operations Division. Resolution 246-23 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 7, 2023 Page 4 of 22 Selective Traffic Enforcement Project (Grant Award): A resolution to authorize acceptance of a 2023 Selective Traffic Enforcement Project Grant Award in the amount of $72,700.00, and to approve a budget adjustment. Resolution 247-23 as recorded in the office of the City Clerk Bulletproof Vest Partnership Grant Program (Grant Award): A resolution to authorize acceptance of a matching grant award from the 2023 Bulletproof Vest Partnership Program in the amount of $11,990.00 for the replacement of body armor vests and outfitting new officers, and to approve a budget adjustment. Resolution 248-23 as recorded in the office of the City Clerk Law Enforcement Mental Health and Wellness Act (Grant Award): A resolution to authorize acceptance of a non -matching grant award in the amount of $200,000.00 for the expansion of the Police Department's Wellness and Resiliency Program funded through the 2023 Law Enforcement Mental Health and Wellness Act, and to approve a budget adjustment. Resolution 249-23 as recorded in the office of the City Clerk Resolution 230-23 and Authorize Condemnation of Property Owned by Parti Investments (Amendment): A resolution to amend Resolution 230-23 and authorize the City Attorney to seek condemnation and possession of certain lands owned by Parti Investments, LLC needed for the Highway 71B Corridor Project. Resolution 250-23 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Unfinished Business: Reindl Properties, Inc. (Purchase Contract): A resolution to authorize the Mayor to sign a Real Estate Purchase Contract with Reindl Properties, Inc. for the sale of approximately 0.5 acres of city property in the south end of the Civic Plaza for the amount of $1,247,455.00. At the October 17, 2023 City Council meeting, this item was tabled to the November 7, 2023 City Council meeting. Waylon Abernathy, Bond Projects & Construction Manager spoke of how input from the council members and the City Attorney had been incorporated into the contract and how additional public presentations had been done. He stated the final version of the contract included the following changes; revised survival language, revised parking language, deed restrictions and restrictions on the number of rooms. He stated Mr. Reindl must have a building permit within 12 months of substantial completion of the plaza, construction must begin within 60 days of issuance of a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 7, 2023 Page 5 of 22 building permit and the project must be completed within 24 months after the building permit. He stated that if those conditions were not met, the City of Fayetteville could purchase the property back at sale price, plus any improvements that may have been made. Brian Reindl, President of Reindl Properties, Inc thanked the council for their questions. He stated there had been concern from the lofts next door regarding travel through their parking lot. He explained how he would not be using that parking lot to drive 18 wheelers or for valet parking. He spoke of how the process was still ongoing and he would be working with Civic Engineers to figure out the rest of the specifics. Council Member Turk questioned what defined a superior parking lot and how it was reviewed. Waylon Abernathy, "That was contract language that Vicki drafted, and Mr. Reindl agreed to. It was inserted for a chance to not tie up the current lot indefinitely forever. So that's the language to loosen that use of that lot in the future." Council Member Turk questioned if city staff had reviewed that language. She explained how a superior lot with that kind of language could be misconstrued. Waylon Abernathy, "I would think that if and when a superior lot became available that both parties would get together and discuss it and agree to it." City Attorney Kit Williams, "I think that every contract is interpreted with a reasonable interpretation of particular words and stuff and if the City Council clearly felt like it was not superior, then I don't think that they'd be able to do it. So, we're really talking about a lot that certainly has as many parking spaces and is basically as close as this one is so that would be some of the reasonable tests that both Mr. Reindl and the city would look at to see whether or not that's superior and probably come to an agreement before anything is actually changed to that. I think that even though that's not clearly defined here, I think it's pretty well understood that it's superior than what they have right now and that doesn't mean it's a city lot, that would probably not be superior." Council Member Turk questioned what process Mr. Reindl would have to take if he decided to bring forth a new lot that he felt was superior than the current lot. City Attorney Kit Williams believed that city staff could look at the lot in an objective manner for approval and if there were any questions, it could then be brought before the City Council. Council Member Turk, "One final question. This would be kind of at the Planning Commission administrative level. I mean, my question is, how would the public know because I can see getting a lot of questions and calls and that sort of thing. So, I'm learning about the transparency of something and hopefully it be very clear that this is by far a superior lot if that came before us." City Attorney Kit Williams, "I believe it would probably have to go to Planning Commission because they'd need a new conditional use for that because it'd be another lot that's not adjoined to this one, so it's a distance lot. So they first have to get this one approved by the Planning 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 7, 2023 Page 6 of 22 Commission and if they come back later and say here's a better lot, that still has to go the Planning Commission the way I understand it, is that the way you understand it Jonathan?" Jonathan Curth, Development Services Director stated that was correct. There was brief discussion of how the City Council had received the final version of the contract for review and that the exhibit should be amended to what the final version was. Council Member Moore thanked everyone for their work and would be in support of the amendment. She was thankful the council was not tying the lot indefinitely to just parking. She had concerns regarding possible interpretations regarding the language of the superior lot. She noted there was a letter that had come from the Arts Council last year that raised concerns about there being additional language specific to the way art could be displayed. She believed that was a huge opportunity to ensure art was elevated in the best way possible. Council Member Hertzberg moved to amend the exhibits to the final contract version. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Members Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Council Member Berna spoke of how the resolution had come forward previously and everyone had a lot of questions. He believed this was a perfect example of what stepping back from the situation and reviewing it looked like. He would be in support. Council Member Wiederkehr believed the development team had acted in good faith and was pleased to move forward with the request. Mayor Jordan thanked everyone for their work. He spoke of how he wanted children to be exposed to the arts at an early age and how he believed this would fit in with the proposal. He stated the additional sales tax revenue would help the city and he would be in support of the hotel. Council Member Hertzberg moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 7-0. Council Members Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Resolution 251-23 as recorded in the office of the City Clerk Rezoning-2023-0025: (524 S. Willow Ave.BWB Willow LLC, 524): An ordinance to rezone the property described in Rezoning Petition RZN 2023-025 for approximately 0.22 acres located at 524 South Willow Avenue in Ward 1 from NC, Neighborhood Conservation to DG, Downtown General. At the October 17, 2023 City Council meeting, this item was left on the First Reading. Council Member Hertzberg 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 7 of 22 Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the applicant had brought forth a Bill of Assurance that would restrict the building height allowance. He stated Andrew Brink was available as the applicant for the item. Andrew Brink, Fayetteville Planning Commissioner briefly described the Bill of Assurance he had brought forward. He stated he would try to be a good neighbor and a good citizen of Fayetteville and wanted this rezone to promote infill and help Fayetteville thrive. Council Member Jones questioned if there was any additional information regarding the impact the request could have on the potential historic district. Jonathan Curth stated the latest update was what had been discussed at the previous City Council meeting regarding the collection of signatures to formulate the historic district. Mayor Jordan stated he had listened to plans last week regarding the Black Historic District, but there was currently no boundary set. Jonathan Curth, "It may be helpful to add as a bit of context, as this is a rezoning request, very infrequently, at least in Arkansas, do historic districts take the form of zoning actions actually changing the land use allowances of the underlying property, they more readily have to do with development standards, or processes being implemented to try to preserve the historic nature of an area, which tends to be about building materials and what can go into the demolition of buildings and things of that nature. But like the historic districts that are already on the National Register in Fayetteville, the zoning that underlies a lot of those properties' changes, not regularly, but not infrequently, either." Council Member Jones noted that at the last City Council meeting it was stated the property in question could be a part of the historic district and questioned what impact the rezoning could have. He believed the City Council had a responsibility to make sure the request did not negatively impact the historic district. Council Member Berna spoke of how the historic district was not currently in place and questioned if the council could hold the applicant to standards that weren't currently there. City Attorney Kit Williams, "I think I have to agree with Jonathan Curth on that. As you said, there might be one being planned, but we don't know whether it will be effective or whether the City Council would even approve it if they get enough signatures or what their limitations would be. So, I think that yes, it would probably be inappropriate to try to block a rezoning right now at this stage of the development of a potential historic district." 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 8 of 22 Council Member Jones stated citizens had reached out to him after the previous City Council meeting and he believed that as a City Council Member, he wanted to be informed and be able to address those concerns. Council Member Turk moved to amend the ordinance to add the Bill of Assurance. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams, "My understanding of that motion is that we amend the ordinance as well as put the Bill of Assurance as an attachment to the ordinance." Council Member Moore explained how she wanted the City Council to be sensitive to the type of projects that would go into the area that could potentially be the historic district. She spoke of how she would be in support of the request. Council Member Turk thanked the applicant for minimizing the height to three stories in his Bill of Assurance. She hoped the applicant would be sensitive to the context of the neighborhood as he moved forward. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr congratulated Mr. Brink on the grand opening of his bank facility. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Ordinance 6698 as Recorded in the office of the City Clerk New Business: Crown Hookah Lounge, Inc. (Private Club Permit Application): An ordinance to approve the application of Hana Chefke, on behalf of Crown Hookah Lounge, Inc. for a permit to operate as a private club in the City of Fayetteville at 550 West Dickson Street, Suite Number 2. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 7, 2023 Page 9 of 22 Mike Reynolds, Chief of Police gave a brief description of the ordinance. He stated the Fayetteville Police Department had no objections to the private club application and they anticipated that the applicant would abide by all regulations, city ordinances and state laws. 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 Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr stated the previous owner was complimentary of the Fayetteville Police and Fire Departments and had been a model operator. He expected that to carry over to the new owner. Council Member Turk hoped the new owner would ensure the graffiti on the outside of the building be removed and kept in good shape. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 position 1 was vacant. Ordinance 6699 as Recorded in the office of the City Clerk §33, Article III - Department of Parks and Recreation (Amendment): An ordinance to amend Article III Department of Parks and Recreation in §33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code to update the name and revise the duties of the department and its advisory board. City Attorney Kit Williams read the ordinance. Alison Jumper, Parks & Recreation Director gave a brief overview of the reasoning for bringing the ordinance forward and gave a brief description of the ordinance. She stated the amendments were unanimously approved by the Parks, Natural Resources and Cultural Affairs Advisory Board at their October meeting. Council Member Turk questioned why the Environmental Action Committee wasn't included in the proposed amendment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 10 of 22 Alison Jumper, "We included the boards that are staffed by members of our department for this but we're happy to collaborate with any of the boards that support the city." Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 position 1 was vacant. Ordinance 6700 as Recorded in the office of the City Clerk §97 - Parks, Natural Resources and Cultural Affairs (Amendment): An ordinance to amend §97, Parks, Natural Resources and Cultural Affairs of the City Code to address evolving recreation trends, safety concerns, protection of natural and cultural resources, and to clarify and simplify language. City Attorney Kit Williams read the ordinance. Alison Jumper, Parks & Recreation Director gave a brief description of the ordinance and the reason it was brought forward to the City Council. She stated the amendment would remove the sunset provision which would continue to allow the Director to approve the market vendors and organizers to sell arts and crafts in the parks as a part of city sponsored events. She stated the amendments were unanimously approved by the Parks, Natural Resources and Cultural Affairs Advisory Board at their October meeting. Council Member Turk believed the amendments brought forward would be good improvements. There was brief discussion between Council Member Moore and Alison Jumper regarding metal detecting and how individuals would access a permit after hours and how compliance would be maintained after hours. There was also the question of whether there would be exemptions for children. Alison Jumper stated IT was working to develop an online permit form as well as there being access to a paper form. She stated that exemptions for children hadn't been discussed and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 7, 2023 Page 11 of 22 stated that parents could fill out the permit form. She explained how there was staff that worked on the weekends that could address concerns regarding any noncompliance issues. The City Council received 1 public comment regarding this ordinance. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Ordinance 6701 as Recorded in the office of the City Clerk §71.170 and §71.171 City Code Update (Amendment): An ordinance to amend §71.170 Vehicle Restrictions for Shared -Use Paved Trails and §71.171 Rules of the Road for Fayetteville Trails of the Fayetteville City Code to update the types of vehicles allowed on the city's shared -use paved trails. City Attorney Kit Williams read the ordinance. Dane Eifling, Mobility Coordinator gave a brief description of the ordinance. Council Member Turk questioned if state law prohibited the city from not allowing a class two E-Bike on the shared trails. Dane Eifling, "The state law says that electric bikes as defined into those classes as it meets the state definition shall be allowed anywhere that a bicycle is allowed. So, what we're doing is aligning that, so just making explicit what the state law already says." Council Member Turk spoke of how E-Bike's used a throttle and could go over 15 miles per hour quickly and questioned if the city could restrict E-Bikes to a certain class. City Attorney Kit Williams stated the City of Fayetteville would have to follow state law. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 7, 2023 Page 12 of 22 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 Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Moore appreciated Council Member Turk's comments. She spoke of having a larger conversation regarding individuals following the regulations that were set forth on the trails. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Ordinance 6702 as Recorded in the office of the City Clerk Vacation-2023-0012: (546 W. Center St/Campbell Family Trust, 484): An ordinance to approve VAC 23-12 for property located at 546 West Center Street in Ward 2 to vacate a 0.04 acre 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 had no issues with the request and all the relevant utilities had consented to the proposal. He stated staff recommended in favor of the request with the conditions that Mr. Williams had read in the ordinance. He stated Suzanne Clark was present to speak for the item. Suzanne Clark, Attorney with Clark Law Firm, PLLC requested that the City Council take staff s recommendation and vote in favor of the request. She introduced Jeff Zelisko, who was the architect for this current request and the next request to be heard. Jeff Zelisko, Senior Principal with Antunovich Associates gave a brief description of the request and the proposed project design. The City Council received 1 public comment regarding this ordinance. Council Member Hertzberg 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 7, 2023 Page 13 of 22 Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Ordinance 6703 as Recorded in the office of the City Clerk Vacation-2023-0005: (612 W. Center St/Trinitas Ventures, 483): An ordinance to approve VAC 23-05 for property located at 612 West Center Street in Ward 2 to vacate a 0.15 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 staff found that vacating the alley right of way was in the public's interest given its connectivity, infill rating and opportunity for student housing. He briefly spoke of a traffic pattern audit and how it was found that the alley did not carry a substantial amount of traffic and that the vacation of the alley could have additional benefits of reducing the number of curb cuts that were currently crossing the trail. He briefly spoke of the existing infrastructure and the feasibility regarding relocating sewer and drainage lines. He stated there had been a lot of public comment on the item in support and with concerns. He stated staff ultimately recommended in favor of the request with four conditions; the applicant was responsible for any relocation or damages to facilities, the alley abandonment was subject to project specific grading permit approval, any relocation of the water and sewer infrastructure in the area was subject to the city's Engineering Division's approval and that other utilities that had expressed comments with the item in association with their consent would see their facilities relocated as well. He stated the item was heard at the Planning Commission three separate dates and ultimately forwarded to the City Council by a vote of 7-2. He explained how the item currently before the City Council included an additional condition that the Planning Commission added given their concerns about connectivity. He stated the proposed additional condition would be that a 20 foot alley right-of- way be dedicated along the property's northern and western boundaries. Todd Wendell, Vice President Project Executive at Trinitas Ventures gave a brief summary of the request and stated that if the City Council voted in favor, the City of Fayetteville would get a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 14 of 22 multifamily market rate residential building. He stated the project scored high on the urban infill design criteria and that it met the intent for the City of Fayetteville's 2030 and 2040 Plans. He noted there was concern regarding emergency access and stated that after speaking with the Fire Department, it was determined that there were no plans to use the alley for accessing any of the buildings in the surrounding neighborhood. He addressed concerns about the alley being eliminated and the street becoming a dead end by stating they had designed a hammerhead turn at the end of the street which would allow any size vehicle to turn around. He stated they planned to relocate some of the utilities on the property which would resolve existing infrastructure challenges at the applicant's expense. Christian DeLuca, Traffic Engineer with Kimley Horn gave a summary of the traffic study for the area. He stated there was a very low level of delay per vehicle and spoke of how there was excess capacity in the network directly surrounding the site as it currently was. He stated that adding traffic from the development to the intersections resulted in a slight increase in delay but was still within acceptable levels. He stated the number of traffic counts using the alley totaled around one car every three minutes. He stated that there were around 129 pedestrian and bicyclists crossings at the Frisco Trail crossing onto Center Street. He stated West Avenue could easily accommodate the traffic the alley currently had and that it was operating at a low capacity to where it could handle future development. Todd Wendell stated they were proposing two options for council's consideration; Option One, Park Plan, which was what was originally submitted to Planning staff and the Planning Commission for review or Option Two, Alley Plan, which was not the preferred option of the developer or the design team. He gave a brief summary of both options for council's consideration and stated they were more than happy to move forward with either option. Council Member Wiederkehr requested the traffic engineer explain more on the evening vehicle counts on the alley and where he envisioned the vehicles to go. Christian DeLuca explained how they recorded vehicles on Center Street coming in and out of the alley, vehicles crossing the trail to the east and vehicles going in and out of the commercial use to the west. He stated that 22 vehicles was the total along the alley at all times. Council Member Wiederkehr requested that the grades for the intersections be explained. Christian DeLuca, "We use a modeling software, we record the peak hours, the traffic volumes, and then we set up the intersection. That software will produce results for each movement at the intersection. So, the eastbound approach, the northbound approach, the westbound and the southbound. I didn't show all those on here, I simplified it, so I selected whatever result was the worst, in this case it was A for all of those movements which means all of the movements performed at level service A at that intersection. And then for the C, all the other movements were A and B but the eastbound left, because they have to wait for traffic going westbound. With our site traffic it did increase the number of vehicles going westbound towards campus, so they now have to yield to that traffic. So, there was a slight increase of delay, that delay was two seconds increase per vehicle which really won't be noticeable for the average daily user, but it was just enough to cross us over that threshold and into level of service C." 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 15 of 22 Council Member Wiederkehr, "So if you keep this diagram up, if the alley were to be relocated and it's parallel to the train line, it's now going to dump into Center Street near the C grade intersection anyway, versus if there's only 22 vehicles using the alley during the peak time, you're only adding 22 vehicles over how many hours to West Avenue?" Christian DeLuca, "One hour, and it won't be 22 vehicles because as we discussed earlier, some of those were going to those commercial uses that are there today, that's going to be removed. And also, for the condominium that was a large portion too, they may go to West, but they also might choose Dickson and come south and be rerouted a totally different direction. But yes, the most would be 22. However, it will be less." Council Member Berna questioned if he understood correctly that the Fire Department would not need to utilize the area that wrapped around the building. Brad Hardin, Fire Chief stated that was correct. He briefly explained the areas the Fire Department could use as access points to deploy a hose if needed. The City Council received 1 public comment regarding this ordinance. Council Member Hertzberg stated she was in support of Option One. Council Member Moore questioned if the green space offered with Option One would be available to the public if it was on private property. City Attorney Kit Williams explained how there would need to be a public access easement to allow the public to have access to the green space since it was on private property. Council Member Moore, "At what time during this process would we potentially look into that if that was a pathway we wanted to head down?" City Attorney Kit Williams explained how the City Council had the power to change the vacation approval subject to the conditions, which they could remove or potentially modify. Council Member Bunch had reviewed the proposal and believed it would be fine to vacate the alley, she didn't feel it was necessary to have it wrap around the building. Council Member Berna agreed with Council Member Hertzberg and Bunch. He was in favor of the first option. Council Member Hertzberg moved to amend to remove Condition Five and accept Option One. Council Member Berna seconded the motion. There was brief discussion of the motion. Council Member Moore offered a friendly revision to the amendment to allow a public access easement and garden space as part of the conditions. Council Member Hertzberg requested the applicant come forward and speak to the revision. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 7, 2023 Page 16 of 22 Todd Wendell, "I think at a high level we can agree to that in concept. I think we need to work out the details for sure." Council Member Hertzberg accepted Council Member Moore's amendment to her motion. City Attorney Kit Williams, "So that would be to replace that with not only the garden option shown in Option One, but also to allow public access easement in that area. Is that what the motion is at this point in time?" Mayor Jordan, "So you're removing five and you're making a motion to pass one and then you're putting with the amendment public access, am I right?" City Attorney Kit Williams, "Yeah, putting in a new five." Council Member Berna expressed concerns regarding public right-of-way access to the property. There was brief discussion of clarification on the motions that were being discussed. Council Member Bunch stated the idea of public access sounded great, but she had concerns regarding the constant monitoring and management of the greenspace once it had public access. Mayor Jordan explained that the current motion on the floor was to remove Condition Five and pass Option One with a friendly amendment to add public access. The City Council received 1 public comment regarding this proposed amendment. Council Member Moore briefly spoke of how the public having access to the area had been something that had been mentioned previously by the team at the Planning Commission meeting and in front of the City Council. She wanted to ensure there was opportunity for people to have access to natural spaces because it was important for everyone's overall health and wellbeing. Council Member Hertzberg thanked Council Member Moore for her comment. She questioned if the City Attorney was concerned regarding liability with the public access easement. City Attorney Kit Williams explained how he was not worried about liability because the City of Fayetteville was protected by sovereign immunity. Council Member Hertzberg, "If the applicant wanted to come back and remove this, is that a possibility to request a vacation of a public access easement?" City Attorney Kit Williams stated that if there were issues that came up, the applicant could come back and ask for a vacation of what they would be giving now. Mayor Jordan, "Okay. Let me roll through what I got here. I've got a motion to remove five and pass number one, and then we've got a friendly amendment to add public access. Now, if you're 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November 7, 2023 Page 17 of 22 not agreeable to that Scott, then she would probably make that motion and then we'd have to get another second. Is that right?" City Attorney Kit Williams, "Yeah, we're basically just replacing five with a new five and the new five is that they're going to landscape it pursuant to their Option One presentation tonight and that there will be an access easement on that property so that the public could walk onto it." Council Member Berna requested the applicant come forward and speak to if he was okay with the proposed amendment. Todd Wendell had concerns regarding the amendment. He believed it would be better if the condition of the public access easement was not part of the ordinance. Council Member Berna, "And if you had your choice of Option One and the public easement versus Option Two, which is preferable to you?" Todd Wendell stated Option One was preferable, but the details would need to be worked out regarding public access. There was brief discussion between Council Member Berna, City Attorney Kit Williams and Todd Wendell regarding the residents of the building having specific rules for the park area that would no longer be enforceable if a public access easement was granted with no restrictions. Mayor Jordan, Council Member Hertzberg, Todd Wendell and City Attorney Kit Williams had a brief discussion regarding the public access easement and if the applicant wanted the item to be voted on tonight. Todd Wendell explained how there were additional details that needed to be worked out for the public access easement, but still wanted the item to be voted on tonight. City Attorney Kit Williams offered a suggestion that the public access easement be limited to the hours of the day so that there wouldn't be issues with late night activities on the site. Council Member Wiederkehr asked if the City Council could vote separately on each amendment instead of putting all the amendments into one vote. Council Member Hertzberg was happy to split the motion so that each issue could be voted on. Council Member Hertzberg withdrew her previous motion. Council Member Berna agreed with the motion being withdrawn. Council Member Hertzberg moved to remove Condition Five and replace it with Option One. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Council Member Moore moved to further amend the previous motion to add a public access easement to Condition Five to conform to designated park hours. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 5-3. Council Member 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 18 of 22 Hertzberg, Jones, Moore Turk and Mayor Jordan voted yes. Council Member Wiederkehr, Berna and Bunch voted no. Ward 1 Position 1 was vacant. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 6-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Bunch and Turk voted yes. Council Member Berna was absent for the vote. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk 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 6-1. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Turk voted no. Ward 1 Position 1 was vacant. Ordinance 6704 as Recorded in the office of the City Clerk Rezoning-2023-0026: (5839 W. Dot Tipton Rd./Martinez, 475): An ordinance to rezone the property described in Rezoning Petition RZN 2023-026 for approximately 5.27 acres located at 5839 West Dot Tipton Road in Ward 4 from R-A, Residential -Agricultural, to RSF-2, Residential Single -Family, two units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that when evaluating the request from a land use compatibility standpoint, staff found it to be compatible. He stated the property was designated as a residential neighborhood area when looking at the request from a Long Range Planning standpoint. He stated that staff found the request to be an appropriate increment of increase. He briefly spoke of the issues regarding the property in terms of zoning nonconformance and infrastructure. He noted that Dot Tipton Road was undersized and did not have any access to sanitary sewer. He explained that if the property were to be redeveloped, the Engineering Division would have to evaluate the feasibility of extending the existing sanitary sewer lines to the property and if they weren't eligible, then plans would have to be submitted to the Arkansas Department of Health to evaluate whether the property could support a septic system. He stated staff recommended in favor of the request and the Planning Commission felt similarly, forwarding it to City Council unanimously in favor. He stated there had not been any public comment received for the request and stated Jairo Martinez was present as the applicant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 7, 2023 Page 19 of 22 Jairo Martinez, Applicant, "Good evening, Mayor and Council. I don't really have much more to add, I have gotten it perked and it has passed so that would probably be what we would use for sewer. So other than that, I mean, there's not much I can add, I guess." Council Member Hertzberg, "Was this area - I'm talking about the non -compliant lot widths, was this just an area that was annexed and put in R-A zoning? Is that how they got into noncompliance?" Jonathan Curth stated the property was not part of the Planned Zoning District adjacent to it and it appeared to be consistently zoned R-A since it had been annexed back in September of 2006. Council Member Turk, "Jonathan, I just want to double confirm what I think you said. So, if we pass this to RSF-2, there are no additional entitlements that come with that, they're conforming now but there's no additional entitlements with that new designation, is that accurate?" Jonathan Curth, "That is correct. I think, just as with anytime I get this question, there's infinite iterations of what people could do with their property. I think if it was developed in conjunction with an adjoining property, it can be possible that there could be one or two additional lots, but that would require installation of a street and at that point the improvements start to escalate to where it doesn't really pencil out in that regard. So, I don't want to say it's impossible, but I don't readily see a scenario where that can happen." Council Member Turk questioned that if the request passed, would there be any additional requirements that the applicant had to undertake for sidewalk improvements, etc. Jonathan Curth, "If their development potential does not appreciably increase above what they have today, there's very unlikely to be any improvements required. The Supreme Court of the United States has repeatedly said that when a city is attempting to extract or receive improvements from a private developer, it needs to be proportional to the impact of that development. If you're exchanging a house for a house, there's no proportional increase that could justify sidewalk, street widening, water, sewer and infrastructure like that." Council Member Moore questioned if the City of Fayetteville had a policy or goal in place as far adding or subtracting septic's in the city. Jonathan Curth explained that ideally, all properties in the City of Fayetteville were on the city's public sanitary sewer system because septic systems had a higher potential for failure. He noted the areas in Fayetteville that used septic systems. City Attorney Kit Williams, "State law places a closeness requirement before the cities can require you to hook up to do a sewer line and so if you're not within like 300 feet, I'm not sure if that's exactly the number, I'd have to look at it again, the city cannot require you to do that unless we have a sewer main that's close enough for you to hook up like that." Council Member Moore questioned if there were concerns for the waterways near the property if septic systems were to be used. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 7, 2023 Page 20 of 22 Jonathan Curth explained the City of Fayetteville's role in evaluating such issues and stated that it would ultimately be evaluated by the Arkansas Department of Health. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 6-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna and Turk voted yes. Council Member Bunch was absent for the vote. 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 Hertzberg seconded the motion. Upon roll call the motion passed 6-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna and Turk voted yes. Council Member Bunch was absent for the vote. 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 Hertzberg, Jones, Moore, Wiederkehr, Berna and Turk voted yes. Council Member Bunch was absent for the vote. Ward 1 Position 1 was vacant. Ordinance 6705 as Recorded in the office of the City Clerk Rezoning-2023-0028: (150 N. Skyline Dr, Unit 22/Mount Sequoyah Center Inc, 486): An ordinance to rezone the property described in Rezoning Petition RZN 2023-028 for approximately 0.14 acres located at 150 North Skyline Drive in Ward 1 from P-1, Institutional to NS-G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the applicants had expressed an interest in broadening the uses of the site. He stated staff found the request to be compatible with the surrounding land uses and that staff ultimately felt that the proposal was complimentary with the city's long range plans. He noted there had been a lot of positive public comment received regarding the request and that staff recommended in favor, with the Planning Commission agreeing and forwarding to the City Council unanimously. He stated Emily Gentry was present as representative for the item. Emily Gentry, President & CEO of Mount Sequoyah Center stated Mount Sequoyah was seeking the rezoning so that they could open a coffee shop with a third party. She gave a brief description of how the coffee shop would be operated and how it would benefit the community. Council Member Turk questioned which structure the coffee shop would be in and if the request would allow expansion past the coffee shop. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 7, 2023 Page 21 of 22 Emily Gentry explained that the structure would be in the Ozark Building on Mount Sequoyah's Campus as well as the rock patio area in front of that building. She gave a brief description of the plans and how the details would be included in the build permit process. Council Member Jones moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna and Turk voted yes. Council Member Bunch was absent for the vote. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Jones moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna and Turk voted yes. Council Member Bunch was absent for the vote. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Moore was excited to see new things happening and new ways for the community to be involved in the space. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna and Turk voted yes. Council Member Bunch was absent for the vote. Ward 1 Position 1 was vacant. Ordinance 6706 as Recorded in the office of the City Clerk Announcements: Council Member Wiederkehr reminded everyone that the Board and Commission vacancies were open and the deadline to apply was November 27tn Susan Norton announced that there would be a budget meeting the next day. The meeting would take place on 11/08/2023 at 4:30 p.m. City Council Agenda Session Presentations: Sales Tax Report - Paul Becker and Energy Report - Peter Nierengarten. Fayetteville Housing Report 3 of 3 - Britin Bostick. City Council Tour: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov Adjournment: 8:53 p.m. City Council Meeting Minutes November 7, 2023 Page 22 of 22 i ♦♦�` t:R! / ; R lei Kara Paxton, City C erk Treasurer ;' nYET TEVII.! 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov