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HomeMy WebLinkAbout2024-01-18 - Minutes -Council Member Robert B. Stafford Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position l 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 January 18, 2024 City Council Meeting Minutes January 18, 2024 Page 1 of 12 Council Member Scott Berna Ward 3 Position l Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position i Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on January 18, 2024 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 Robert B. Stafford, D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, Senior Assistant City Attorney Blake Pennington, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meetine Presentations, Reports, and Discussion Items: Martin Luther King, Jr. Brotherhood Award Senior Assistant City Attorney Blake Pennington presented the 2024 Martin Luther King, Jr. Brotherhood Award to Deputy Chief Financial Officer Steven Dotson. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 18, 2024 Page 2 of 12 Election of Vice Mayor Council Member Hertzberg nominated Sarah Bunch for Vice Mayor. Council Member Stafford nominated D'Andre Jones for Vice Mayor. Council Member Jones declined the nomination and seconded the nomination for Sarah Bunch. Mayor Jordan closed the floor for nominations. Council Member Hertzberg moved to nominate Council Member Bunch as Vice Mayor. Council Member Jones seconded the motion. Upon roll call Council Member Sarah Bunch was elected as Vice Mayor unanimously. Agenda Additions: None Consent: Approval of the January 2, 2024 City Council Meeting Minutes APPROVED Northwest Arkansas Regional Planning Commission (Education Program): A resolution to approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $44,559.78 for a Stormwater Education Program for 2024 to satisfy portions of the NPDES Phase II Stormwater Permit requirements. Resolution 29-24 as recorded in the office of the City Clerk Hamestring Creek and Tributaries (Grant Applications): A resolution to authorize applications for matching grants for the Hamestring Creek and Tributaries flood mitigation efforts. Resolution 30-24 as recorded in the office of the City Clerk Nabholz Construction, Co. (Change Order): A resolution to approve Change Order No. 14 to the contract with Nabholz Construction Corporation in the amount of $137,742.40 for work related to the Cultural Arts Corridor Replacement Parking Deck Project, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. Resolution 31-24 as recorded in the office of the City Clerk Esri, Inc. (Software Agreement): A resolution to authorize Mayor Jordan to sign a three-year Enterprise License Agreement with Esri, Inc. in the amount of $58,905.00 per year for the continued use of Geographic Information System Software, and to approve a project contingency in the amount of $5,890.50 per year. Resolution 32-24 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 January 18, 2024 Page 3 of 12 Seven Hills Homeless Center (ARPA Funds): A resolution to approve a budget adjustment in the total amount of $1,630,000.00 to fund the approved ARPA projects addressing housing instability. Resolution 33-24 as recorded in the office of the City Clerk Council Member Moore moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: None New Business: Ninth Annual National Day of Racial Healing (Recognition): A resolution to recognize the Ninth Annual National Day of Racial Healing on the Wednesday following Dr. Martin Luther King, Jr. Holiday. Council Member Jones moved to amend the date of January 17, 2024 to January 24, 2024. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Council Member Jones stated this was the 2„ d year the City of Fayetteville would be participating in the event. He encouraged the citizens of Fayetteville to attend and stated representatives from the Fayetteville Police Department and community leaders would be present. Council Member Bunch and Stafford thanked Council Member Jones for bringing the item forward. Council Member Bunch moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed unanimously. Resolution 34-24 as recorded in the office of the City Clerk FHS Football Team and Athletic Department (Recognition): A resolution to honor the 2023 Fayetteville High School Football Team and the Fayetteville Athletic Department. Council Member Turk recommended the resolution be amended to recognize the names of each football player on the Fayetteville High School football team. Council Member Berna recommended the resolution be amended to invite only the coaching staff and senior football players to the City Council Meeting for recognition. Council Member Jones was amenable to the proposed amendments and would work with the Fayetteville School District to acquire that information. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes January 18, 2024 Page 4 of 12 There was brief discussion between Mayor Jordan and Blake Pennington, Senior Assistant City Attorney, regarding how the amendments would read on the resolution. Council Member Jones appreciated the City Council and Mayor Jordan. He believed this would be a great opportunity for the City of Fayetteville to continue to build an important relationship with the Fayetteville School District. Council Member Turk moved to amend the language to invite the coaching staff and seniors to the February 6, 2024 City Council Meeting. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. There was a brief discussion between the City Council and Blake Pennington regarding the next amendment listing the names of all members of the Fayetteville High School football team. Council Member Stafford moved to amend the language to include all players' names and coaching staff. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Council Member Berna moved to approve the resolution. Council Member Turk seconded the mn inn iTi,nn roll Sall the resolini+;on i'aseed 'ananim"'.lel" • N Y J• Resolution 35-24 as recorded in the office of the City Clerk Hawkins Weir Engineers, Inc. (Contract Amendment): A resolution to approve Amendment No. 4 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in the amount of $483,940.00 for additional services associated with the project to alleviate flooding near the North College Avenue and East Sunbridge Drive Intersection, and to approve a budget adjustment— 2019 Drainage Bond Project. Chris Brown, Public Works Director stated the resolution was for a $28,780 amendment, not a $483,000 amendment. He gave a brief description of the resolution. There was brief discussion regarding how the Title and Section 1 of the resolution needed to be amended to reflect the correct amount. Council Member Hertzberg moved to amend the language from $483,940 to $28,780. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Hertzberg moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 36-24 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 January 18, 2024 Page 5 of 12 Stearns Street Extension (Budget Adjustment): A resolution to approve a budget adjustment to create a project budget for an extension of Stearns Street between Vantage Drive and Old Missouri Road. Chris Brown, Public Works Director stated the nearby developments had contributed funds in the amount of just under $21,000 to create the street connection and if the city did not spend the funds, they would then go back to the developers that had originally paid them. He gave a brief description of the resolution and stated the proposal had received both supportive and unsupportive public comments. He spoke of the nearby subdivision that owned property on both sides of the existing right-of-way and of how that subdivision had placed a shed on a portion of the right-of-way. He explained traffic in the area and the methodology that was used to generate future traffic counts. He stated there were 25 trees in the right-of-way and construction would remove around 9000 square feet of tree canopy, and that 41 trees would need to be replanted to mitigate that loss of tree canopy. He briefly spoke of citizen input that had been received on the proposal in the form of a Speak Up Survey and of a public meeting that had been held in July of 2023. He stated the proposal then went to the Planning Commission, who in turn voted 8-1, and then the proposal had went to the Transportation Committee, who recommended approval by a 4-0 vote. He stated the total cost of the project would be around $482,000. He stated staff recommended moving forward with the proposal and the approval of the budget adjustment. There was brief discussion between Council Member Turk and Chris Brown regarding how the trees that would be removed were going to be replaced with saplings, which Council Member Turk stated would not have the same carbon sequestration or canopy as the removed trees. Council Member Stafford questioned how long the proposal had been in the City of Fayetteville's master plans and if the area had always been meant to connect. Chris Brown believed the right-of-way had been dedicated in the late 90's or early 2000's but was unsure of when it had been added to the Master Street Plan. Council Member Berna questioned if it was unlikely for Stearns Street to be connected to Crossover Road due to current development. Chris Brown answered yes and explained how it was not something that would be connected at any point in the near future. Council Member Berna questioned that had it not been for the $21,000 in developer fees, where in the list of city priorities would the Stearns Street extension be. Chris Brown stated that was a difficult question to answer and explained how the area was fully developed, except for the short segment in question. He stated the item was brought forward due to having the funds from the developers and believed now was the time to make the decision on whether to move forward or not. Council Member Bunch requested information on sidewalks and traffic calming in the area. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 18, 2024 Page 6 of 12 Chris Brown stated there was an existing sidewalk along Stearns Street and explained how there was an option to replace that existing sidewalk or build a sidewalk on the south side of the street. He mentioned speed cushions could be placed on the street to help with traffic calming in the area. Council Member Bunch asked if the street could be made narrower so there would not be as many trees removed as mentioned earlier. Chris Brown stated that once the city got into the detailed design there could be ways found to save additional trees. There was a brief discussion between Council Member Bunch, Council Member Stafford and Chris Brown regarding the shed owned by Bellafont Gardens that was placed on a portion of the right-of-way. Chris Brown stated details regarding moving the shed would be discussed once the City of Fayetteville moved into the detailed design of the project and stated the right-of-way existed before the shed was placed on the property. The City Council received 3 public comments regarding this resolution. Council Member Turk, Jones and Berna expressed interest in touring the property and of possibly tabling the item ...........mob ............ Council Member Moore spoke of how the item had been discussed at the Transportation Committee and requested approval from the City Council. She spoke of how the proposal would improve connectivity for new and current residents of the City of Fayetteville. Council Member Stafford spoke of how the City of Fayetteville was growing and believed the proposal was part of that growth. He commented on the shed that was in the right-of-way and of how it should not have been placed there. Council Member Wiederkehr appreciated the Transportation Committee's work on the proposal and had no opposition to tabling the item. He spoke of how the City of Fayetteville needed additional street connections due to continued growth. He briefly explained how the streets in Fayetteville would need repairs at some point and that was why alternative routes were important. Council Member Bunch briefly spoke of how the City of Fayetteville needed every street connection possible. She regretted the possibility of losing trees and explained how the end of Stearns Street had a barricade that looked as though the street should continue. She understood the neighborhood did not want additional traffic, but believed the street connection would alleviate traffic at other intersections. Council Member Turk moved to table the resolution to the February 6, 2024 City Council Meeting. Council Member Jones seconded the motion. Upon roll call the motion passed 7-1. Council Member Berna, Bunch, Turk, Hertzberg, Jones, Moore and Wiederkehr voted yes. Council Member Stafford voted no. This resolution was tabled to the February 6, 2024 City Council Meeting 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 18, 2024 Page 7 of 12 Appeal: ADM-2023-0048: (1110 N. Garland Avenue, Roadrunner Appeal/Fayetteville Strong, Bartlett, 405): A resolution to grant the appeal of City Council Members Sarah Moore and Teresa Turk and deny variances VAR-2023-029 and VAR-2023-030 for a gas station development at 1110 North Garland Avenue. Jonathan Curth, Development Services Director gave a brief description of the appeal and explained how the buildings on the site were currently being demolished. He stated city staff had begun meeting with the applicant team mid-2023 and stated the property was zoned C-1, Neighborhood Commercial, which by right allowed drive through restaurants and gas stations. He gave a brief description of the project and of the variances that were requested. He stated staff ultimately recommended in favor of the variances and the Planning Commission heard the item in two parts; one for the architectural design variance they approved by a vote of 6-2, and the other for the site design variance they approved by a vote of 5-3. He stated a grading permit had been approved and explained that following the approval of the variances, there was concern expressed by members of the community regarding the project being for a gas station. He stated the grading permit had been appealed to the Planning Commission but was ultimately denied. He noted there was a cost share associated with the gas station project for a potential trail along North Street. He stated there had been a substantial amount of public comment received on the item and that staff recommended denial of the appeal and requested staff s recommendations and the Planning Commission's approval be upheld. There was brief discussion between Council Member Stafford and Jonathan Curth regarding how there were no curb cuts proposed on Garland Avenue or North Street. Delani Bartlett, Founder of Fayetteville Strong thanked everyone for their work on the item and gave a brief background description of Fayetteville Strong. She urged the City Council to support the appeal and presented a brief slideshow that outlined how she believed the proposal was not the best fit or safest project for nearby residents. She believed the project did not align with the City of Fayetteville's 2040 Master Plan and believed the development would make the nearby intersection even more dangerous. She introduced Nick Thorn to give additional details. Nick Thorn, Member of Fayetteville Strong spoke of how the property in question was a prominent location within the community and the intersection was regularly filled with citizens walking, biking and taking the Razorback Transit. He expressed concerns over the variances being granted for the development and stated his most significant concern was in regard to the negative impact the proposed plan and the approved variances could have on the area's safety. He briefly spoke of traffic scenarios in the area. He believed the project fell short of addressing Fayetteville's current and future needs as the city grew. Robert Rhoads, Attorney with Hall Estill representing Roadrunner stated he had representatives from Roadrunner and the engineering and architecture team ready to answer any questions. He introduced Jake Newcomb. Jake Newcomb, Representative of Roadrunner believed the gas station aligned seamlessly with the City of Fayetteville's existing zoning code and that the variances that were requested were meant to make the development safer. He noted the comments in concern for safety and stated 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 18, 2024 Page 8 of 12 safety had been at the forefront of the considerations for the project and were a reason for requesting the variance for access to the property. He stated that denying the variance would possibly result in a less safe property/development. He urged the City Council to deny the appeal and approve the development with the variances requested. Robert Rhoads stated he had had a productive meeting with Fayetteville Strong and respected what they were trying to do in the community. He explained how the Roadrunner staff had met with city staff over a year ago regarding the development and through that collaboration they had created a safe way to put the development on the site. He stated the Roadrunner group had put in a million dollars on the property so far, and therefore they needed to move forward with putting a gas station on the property. He stated that if the variances were denied, a gas station would still be put on the property, but it would not be as safe as if the variances were approved. Council Member Moore thanked everyone for their work and understood the frustrations that were being faced with the proposal. She agreed that a gas station was allowed by right on the property, but noted the variances were not allowed by right. She briefly spoke of how she lived near the property and how traffic was hard to navigate safely. She stated the community had invested thousands of dollars into the City Plan and she wanted to ensure the City Council were good stewards of those funds. She felt as though the applicant had used fear mongering by stating Lhcy vJould be puLLlr1g a gas sLLLL1V11 I 11V 111aL Ler 1f the variances were approved or not, and questioned if that were the case, could the developers easily access the project without needing the variance they requested. She did not believe the project was the right use of the city's funds at this point in time and believed the City Council needed to listen to all residents and uphold their ideas, values and the taxpayer's funds they had been entrusted with. Council Member Turk agreed with Council Member Moore. She lived close to the area as well and noted it was very congested. She had heard from several constituents with concerns regarding the proposal and she sponsored the appeal because she was concerned about safety and the traffic volume. She requested the City Council uphold the appeal and deny the variances. Blake Pennington, Senior Assistant City Attorney cited a portion of the City of Fayetteville Code regarding a test for granting variances. He stated that if the City Council denied the variances, it should be because the variances didn't meet the test, not because of a dislike for gas stations. There was brief discussion between Council Member Jones and Blake Pennington regarding the possibility of a lawsuit if the variances were denied. Blake Pennington explained that if the City Council granted the appeal and denied the variances, the applicant could appeal to the Circuit Court and a judge or jury would then determine whether the applicant had met the variance test. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding how some members of the Planning Commission had voted no on the item. Jonathan Curth stated some of the Planning Commissioners who were not in favor of the proposal expressed concerns regarding traffic, access to the property and the belief that supporting the variances would not be observing the intent of the City of Fayetteville's Ordinances. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes January 18, 2024 Page 9 of 12 Council Member Berna understood that city staff had worked with the developer to agree on the variances and questioned if Jonathan Curth interpreted that the variances made the project safer. Jonathan Curth answered yes. Council Member Berna requested the heat map that showcased traffic be presented to the City Council and that Nick Thorn explain how it had been calculated. Nick Thorn was not fully aware of how the heat map had been calculated and believed it took accident/incident reports from public safety and compiled it on the map. Jonathan Curth stated the heat map was compiled of information that was collected annually by the City of Fayetteville Geographic Information Systems (GIS) Department and the computer mapping group from the City of Fayetteville Police Department. He stated the heat map showcased a cumulative number within the span of five years. He explained that in 2023 there were two accidents, in 2022 there were four accidents, in 2021 there were four accidents and in 2020 there were three accidents. Council Member Stafford requested Jonathan Curth show the heat map report for Mt Comfort Road and questioned if it was for five years as well. Jonathan Curth, "That's correct." Council Member Berna stated he had reviewed the accident information on the heat map because Council Member Stafford had requested the City Council do so at the last City Council Agenda Session meeting. He was surprised at the few numbers of accidents the heat map showed to have occurred at the intersection in question. Nick Thorn stated he drove through the area regularly and believed the intersection to be tricky to navigate. He explained how not all wrecks or crashes were reported, so there could likely be some data missing from the heat map. Council Member Stafford stated that if the heat map was zoomed out to view the full intersection, there would be more accidents populated. Council Member Moore stated there was a high volume of individuals utilizing public transit and other means of transportation in the area and explained how the intersection of North Street and Garland Avenue was not comparable to the intersection of College Avenue and Joyce Boulevard. Council Member Berna stated there had been an apartment complex built behind the Harps in that area around four years ago and questioned if concerns regarding traffic had been discussed at that time as well. Jonathan Curth believed the apartment complex had been built approximately four or five years ago and could not recall if there had been conversation regarding traffic concerns. He briefly spoke of how the apartment complex utilized the nearby intersection. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes January 18, 2024 Page 10 of 12 Council Member Turk commented on the traffic at the nearby Harps store and how she had seen many near crashes. She believed safety issues and concerns had been discussed in the past as well. The City Council received 8 public comments regarding this resolution. There was brief discussion between the City Council and Brahm Driver, Civil Engineer with Ecological Design Group, regarding Fayetteville Strong's presentation including a depiction of a fuel delivery vehicle accessing public right-of-way to get into the proposed site. Brahm Driver explained that the depiction presented by Fayetteville Strong was an older image that had been corrected and adjusted prior to the grading permit approval. Council Member Wiederkehr questioned what impact the proposed development would have on the proposed trail sidewalk. Jonathan Curth stated the site currently had no sidewalks or trails on the frontage of the property and explained how it was being proposed to have a sidewalk added along Mt Comfort Road and that the trail would possibly come down Garland Avenue and across North Street. Council Member Turk believed it would be helpful to see the updated depiction of the truck elltl �'�VY Uy as discussedb�'� Braiuii Driver. Jonathan Curth stated he was actively searching for the depiction that had been discussed. Council Member Stafford thanked everyone for their work and explained how the proposal highlighted the need for the city to be proactive in rezoning. He had received emails from constituents who had purchased property near the location in anticipation of the City of Fayetteville 2040 Plan and believed they now could have a case in the property being devalued by putting in the proposal. He stated his main concerns were in regard to safety. Council Member Wiederkehr gave a brief description of the plans the City Council had approved in the past and of how the pandemic had caused challenges in addressing things such as tier centers. He appreciated the mayor, city staff and previous city council members who had addressed issues as they arose while working through the pandemic. He spoke of how tier centers and green networks within the city were aspirational with no legislation at this point in time and believed that would need to be addressed legislatively. He stated the community adopted the 2040 Plan just as the community adopted the zoning that currently existed in the City of Fayetteville. Council Member Berna spoke of how the 2040 Plan was aspirational while the zoning was in the City of Fayetteville's Code. He stated city staff had identified that the variances would make the project safer, which was a concern heard from citizens. He briefly spoke of the traffic heat map that reflected the accidents reported in the area. There was brief discussion between Council Member Bunch and Jonathan Curth regarding if the project had went through Large Scale Development. Jonathan Curth stated it had not, and briefly explained the Large Scale Development process. 113 West Mountain Fayetteville, AR 72701. (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes January 18, 2024 Page 1 1 of 12 Council Member Bunch stated the main issue regarding the project was safety and explained how she would like to get additional information from the Police and Fire Department regarding the area. She would also like to see information regarding the volume of cars that passed through the area, number of accidents and the possible additional trips that would be accumulated from the project being completed. There was a brief discussion between Council Member Moore and Jonathan Curth regarding how city staff came to the conclusion of the variances making the project safer. Jonathan Curth clarified that the variances were believed to make the project safer, not necessarily the property safer. He explained how city staff evaluated the by -right use of the property's zoning and the existing conditions on the property to configure what could achieve the best outcome. Council Member Moore, "And then for further clarification; if the project had to change because these variances were not approved tonight, would there potentially have to be variances if there was ask for access to North or garland?" Jonathan Curth, "Yes, the variances that were approved were specific to the proposal that's in front of you all tonight, which is to allow a second access point onto Mt Comfort. If that was to be modified in some way, whether it's to North or Garland or a combination of the two, that would require going back to our Planning Commission for consideration." Council Member Moore felt strongly that the City Council had grounds to appeal the variances and briefly spoke on the safety of citizens that utilized the area. Council Member Hertzberg requested Chief Reynolds to present traffic information for the intersection between North Street and Garland Avenue. Mike Reynolds, Chief of Police stated the intersection at North Street and Garland Avenue had a low volume of accident responses, with there being less than two tenths of a percent of all accidents in Fayetteville occurring at that particular intersection. He stated the intersection did have a high volume of traffic and spoke of the most problematic intersections in the City of Fayetteville. Council Member Bunch requested information regarding pedestrian/cyclist accidents in the area. Jonathan Curth stated there was data online regarding pedestrian/bike accidents that indicated two incidents at the intersection of Garland Avenue and Wedington Drive from 2015 to now. Council Member Turk noted that in 2020-2021, there were not as many students in the City of Fayetteville as there currently were and believed that information may need updated. She spoke of how the area was unsafe and how she had witnessed many near miss accidents. Council Member Berna requested information regarding fuel delivery to the site. John Harris, President of Coulson Oil stated the company had their own transportation team and therefore could control when the fuel trucks would deliver to the site. He explained how they had a gas station in Little Rock they serviced at tam to bypass traffic and ensure everyone's safety. He 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 18, 2024 Page 12 of 12 stated the site would never be delivered to during busy hours because he did not want to impact customer experience and did not want his drivers navigating traffic. There was brief discussion between Council Member Moore and Blake Pennington regarding if Roadrunner could be held liable to not deliver to the site during peak busy hours. Blake Pennington spoke briefly of the City of Fayetteville Code and stated he believed the question would be in regard to how the City of Fayetteville would administer and monitor that condition. Mayor Jordan questioned how long the developer had worked and collaborated with city staff. Jonathan Curth believed city staff had begun working with the developer in May or June of 2023. He stated he had not been directly involved in the project, but city planners and engineers had worked and met with the developer's design team. There was brief discussion between Mayor Jordan and Jonathan Curth regarding the variances. Jonathan Curth explained how the Planning Commission had voted on the variances; the building design variance received a vote of 6-2, the site design variance received a vote of 5-3 and the grading permit appeal was denied 6-2. Mayor Jordan thanked the City Attorney'g Offoe fnr the memo regarding the tnrnrnngal Council Member Moore moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution failed 4-4. Council Member Turk, Stafford, Jones and Moore voted yes. Council Member Berna, Bunch, Hertzberg and Wiederkehr voted no. Mayor Jordan declined to vote. This resolution failed. Announcements: None Citv Council Agenda Session Presentations: None City Council Tour: None Adjournment: 8:33 p.m. `�� \' •' l �ii Kara Paxton, City Clerk Trea ur& f-. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov