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HomeMy WebLinkAbout2024-04-02 - 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 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lionel Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting April 2, 2024 City Council Meeting Minutes April 2, 2024 Page 1 of 19 Council Member Scott Bema 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 April 2, 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, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Manor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report - Chief Financial Officer Paul Becker, Chief Financial Officer gave a brief summary of the Monthly Financial Report. He stated that all in all, the General Fund was down roughly 4%. He stated the Street Fund was flat at this point in time compared to budget and the Parking Fund was down approximately 2% compared to budget. He stated HMR taxes were down 3% and that the Water and Sewer Fund was down just under 1 %. He stated Recycling and Trash collections as well as Airport flights were down 2% compared to last year. He stated the Airport revenue was down 17% and went on to explain how those funds would be carefully monitored as the year progressed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 2, 2024 Page 2 of 19 Agenda Additions: None Consent: Approval of the March 19, 2024 City Council Meeting Minutes. APPROVED Moser Construction, LLC. (Service Contract): A resolution to award Bid # 24-23 and authorize a contract with Moser Construction, LLC. in the amount of $2,479,775.00 for construction of the Yvonne Richardson Community Center Expansion, to approve a project contingency in the amount of $123,988.85, and to approve a budget adjustment - 2019 Park Improvement Bond Project. Resolution 105-24 as recorded in the office of the City Clerk Park Donation Revenue (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $3,550.00 recognizing donation revenue from residents and local businesses to the Parks, Natural Resources and Cultural Affairs Department. Resolution 106-24 as recorded in the office of the City Clerk Valuepoint Cooperative (Purchase Agreement): A resolution to approve the purchase of tires, tubes, and services on an as needed basis pursuant to a National Association of State Procurement Officials (NASPO) Valuepoint Cooperative Purchasing Agreement through June 30, 2024 and any future renewal periods. Resolution 107-24 as recorded in the office of the City Clerk Superior Chevrolet of Siloam Springs (Purchase Agreement): A resolution to approve the purchase of a Chevrolet 1500 Silverado from Superior Chevrolet of Siloam Springs, pursuant to Ordinance 6491, in the amount of $43,575.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, and to approve a budget adjustment. Resolution 108-24 as recorded in the office of the City Clerk Lewis Automotive Group (Purchase Agreement): A resolution to approve the purchase of two electric vehicles from Lewis Automotive Group in the total amount of $123,249.00 plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to Ordinance 6491, and to approve a budget adjustment. Resolution 109-24 as recorded in the office of the City Clerk Griffin Residuals, LLC. (Amendment No. 1): A resolution to approve Amendment No. 1 to the drying as a service agreement with Griffin Residuals, LLC. in the total amount of $91,668.69 for the purchase of a hopper and conveyor for the thermal dryer at the biosolids management site. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 3 of 19 Resolution 110-24 as recorded in the office of the City Clerk Garver, LLC. (Amendment No. 1): A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Garver, LLC. in an amount not to exceed $70,500.00 for additional bidding and construction phase services associated with the 24-inch Waterline Replacement Project. Resolution 111-24 as recorded in the office of the City Clerk Goins Enterprises, Inc. (Construction Contract): A resolution to award Bid # 24-24 and authorize a contract with Goins Enterprises, Inc. in the amount of $3,856,107.50 for the replacement of a waterline from Martin Luther King Junior Boulevard to South School Avenue, to approve a project contingency in the amount of $73,392.50, and to approve a budget adjustment. Resolution 112-24 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. (Service Contract): A resolution to approve a contract with McClelland Consulting Engineers, Inc., pursuant to RFQ 24-01, Selection #6, in an amount not to exceed $183,285.00 for design services associated with Phase One Improvements to Bryce Davis Community Park, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment. Resolution 113-24 as recorded in the office of the City Clerk 120 Water Audits, Inc. (Service Agreement): A resolution to approve a Two Year Professional Services Agreement with 120 Water Audits, Inc. for Water Service Line Inventory Compliance Services in the amount of $55,000.00 per year. Resolution 114-24 as recorded in the office of the City Clerk Water Meter Purchase (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $608,317.00 to utilize funds from a completed sewer rehabilitation project to purchase water meters. Resolution 115-24 as recorded in the office of the City Clerk Hazmat Services Revenue (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $14,634.00 recognizing Hazmat Services Revenue received from Washington County and increasing the related expense budget. Resolution 116-24 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 4 of 19 Unfinished Business: Section 50.04 - Depositing on Vacant Lots (Amendment): An ordinance to amend §50.04 Depositing on Vacant Lots of the Fayetteville Code to include a prohibition on dumping mulch, compost, fill dirt, and brush on vacant lots in the city. At the February 20, 2024 City Council meeting this ordinance was tabled to the April 2, 2024 City Council Meeting. Council Member Hertzberg stated the Ordinance Review Committee had made suggestions to staff regarding changes to the item and requested the ordinance be tabled for three months for those changes to be reviewed before coming back to the City Council for approval. City Attorney Kit Williams believed the Ordinance Review Committee had wanted to table the item to the second City Council Meeting in July. Council Member Moore moved to table the ordinance to the July 16, 2024 City Council Meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This ordinance was left on the First Reading and tabled to the July 16, 2024 City Council Meeting. West Transmission Waterline (Ordinance Approval): An ordinance authorizing the issuance and sale of a not to exceed $85,000,000 Water and Sewer System Revenue Bond, Series 2024, by the City of Fayetteville, Arkansas for the purpose of financing all or a portion of the costs of planning, designing, acquiring, constructing and equipping certain water transmission line improvements; providing for the payment of the principal of and servicing fee on the bond; authorizing the execution and delivery of a Bond Purchase Agreement providing for the sale of the bond; and prescribing other matters relating thereto. At the March 19, 2024 City Council Meeting this ordinance was tabled to the April 2, 2024 City Council Meeting. City Attorney Kit Williams explained how there were pages of the ordinance that had tables containing payment information. He requested the City Council waive the rules that required the entire ordinance be read and allow him not to read the five pages of tabular information. Council Member Berna moved to suspend the rules and forgo reading the tables aloud. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read half of the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance and stated Gordon Wilbourn was present as part of the Bond Council for the item. He explained how the bond would be placed with the Arkansas Natural Resources Commission and would be paid out over a 20 year period with zero interest on the bond. He estimated that the City of Fayetteville would be saving water and sewer users up to $20 million dollars in interest costs over the 20 year time period. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 2, 2024 Page 5 of 19 There was a brief discussion between Council Member Moore, City Attorney Kit Williams and Paul Becker regarding the ordinance the City Attorney had read referencing the Finance Director as the bond registrar, while the ordinance that was in the Agenda Packet referenced the City Clerk Treasurer as the bond registrar. Paul Becker clarified that his division would perform the responsibilities listed in the ordinance, not the City Clerk Treasurer. City Attorney Kit Williams stated the ordinance had been updated and he had read from the updated ordinance. Council Member Stafford moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. There was no vote on this motion and second. City Attorney Kit Williams realized the ordinance he had read had not contained all of the information it should have and that the full bond ordinance had not been placed into the City Council's agenda software, Civic Clerk. Paul Becker stated the City was on a deadline and that it would be best if the City Attorney could find and read the additional half of the ordinance. Mayor Jordan stated the item would be tabled until later in the evening due to the confusion. Council Member Bunch moved to suspend the rules and table the item until the end of Unfinished Business. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to be discussed at the end of Unfinished Business. After Unfinished Business was completed, the City Council came back to discuss this item. Paul Becker stated that what City Attorney Kit Williams had begun to read earlier was correct, however it was not the complete document and therefore the item needed to be tabled to be discussed at a future City Council Meeting. Council Member Berna moved to table the ordinance to the April 16, 2024 City Council Meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the April 16, 2024 City Council Meeting. Declare Housing Crisis / State of Emergency (Resolution): A resolution to declare a housing crisis in the City of Fayetteville. At the March 19, 2024 City Council Meeting this resolution was tabled to the April 2, 2024 City Council Meeting. Council Member Jones stated he was not aware of any proposed changes to the resolution and believed the item was good to go to vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 6 of 19 City Attorney Kit Williams stated Senior Assistant City Attorney Blake Pennington had drafted a new resolution based on the City Council's input and that if everyone was agreeable, it would take a motion to amend the current resolution to substitute the redrafted resolution in its place. Council Member Jones moved to accept all changes and approve the resolution drafted by the Senior Assistant City Attorney Blake Pennington. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Council Member Jones stated he had no further changes to propose to the item and clarified that the resolution that had been drafted by the Senior Assistant City Attorney had come from the work session the City Council had had for the item. The City Council received 14 public comments regarding this ordinance. Council Member Moore thanked everyone that had come forth with their personal stories and thanked her colleagues for listening. She was happy to support the resolution and brought forth an amendment to add a Housing Coordinator so the Task Force could be more efficient. Council Member Moore moved to amend the resolution to add a Housing Coordinator. Council Member Jones seconded the motion. Upon roll call the motion failed 2-6. Council Member Jones and Moore voted yes. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg and Stafford voted no. Council Member Jones believed that if the City Council were going to lead people, they needed to do so by building relationships, rapport and hearing from members of the public. He briefly spoke of the process the resolution had went through and stated there had been an online petition for the item that had received over 1,300 signatures with comments similar to what had been expressed in the meeting. He hoped the resolution would pass and he stated he was confident the city would do the right thing for the citizens of Fayetteville. Council Member Berna stated he would be in support of the resolution. He reflected on the previous City Council Meeting the item had been heard at with a majority of the public comments being in regard to rental assistance and habitability standards. He questioned where the City of Fayetteville stood with habitability standards and what the process was for citizens to have those concerns addressed. Jonathan Curth, Development Services Director briefly explained how the City of Fayetteville had adopted the International Property Maintenance Code in recent years and went on to explain the habitability standards in the City. Council Member Berna clarified that the resolution did not address rental assistance and explained how the affordability of housing would be a challenge for a while. He stated staff were working every day to address the issue and that it would be something on the council's radar to continue working diligently toward. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 2, 2024 Page 7 of 19 Council Member Wiederkehr briefly spoke of the work session the City Council had had for the resolution and how he was pleased to see the item come forward. He thanked everyone for their participation. Council Member Moore briefly spoke of how she had heard many stories of struggles in regard to housing and it not being available in the way the citizens of Fayetteville needed it to be. She wanted to recognize the complexity of the situation from all of the stories that had come forward. Council Member Stafford thanked everyone that had worked on the resolution, signed the petition and that had commented on the item. He was happy with the resolution and hoped that he could make measurable strides in the housing crisis effort while elected. He believed the resolution gave the city hope and a Task Force to find solutions to the crisis. He would be in support. Mayor Jordan appreciated watching the City Council work together and believed they had done a fine job on the item. He had saw the housing issue occurring a year ago but had not realized the magnitude of how bad it was going to get. He acknowledged the work city staff had done to try to address the issue and was thankful that citizens had come forward and let their voice be heard. Council Member Jones moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 117-24 as recorded in the office of the City Clerk Action Summary & Anticipated Housing Support (Resolution): A resolution to summarize actions taken and anticipated to support housing production in the City of Fayetteville. At the March 19, 2024 City Council Meeting this resolution was tabled to the April 2, 2024 City Council Meeting. Council Member Wiederkehr stated that with the passage of the previous resolution, he would like to table this resolution indefinitely. Council Member Wiederkehr moved to table the resolution indefinitely. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled indefinitely. Rezoning-2024-0001: (3006 N. Old Missouri Rd./Old Missouri Land Development LLC, 253 & 254): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0001 for approximately 6.31 acres located at 3006 North Old Missouri Road in Ward 3 from RSF-4, Residential Single -Family, four units per acre; NS-G, Neighborhood Services General; and NC, Neighborhood Conservation to RSF-18, Residential Single -Family, eighteen units per acre and R- A, Residential Agricultural. At the March 19, 2024 City Council Meeting this ordinance was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes April 2, 2024 Page 8 of 19 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council by a vote of 5-2. He clarified that the proposed Residential Single -Family, Eighteen Units Per Acre zoning district did not allow attached residential uses by right. He stated Clay Morton was available online as the applicant. Clay Morton gave a brief description of the project. He stated their intent was to bring something to the housing market that was more affordable and attainable. He was available to answer any questions. Blake Jorgensen, Owner of Jorgensen and Associates was available for any questions. Council Member Turk thanked the developer and Jonathan Curth for identifying and creating topography overlays to show the steeper areas of the property. She referenced the additional information Council Member Stafford had requested for similarly sloped properties in the area that had been included in the agenda packet. She questioned what the zoning of those areas were. Jonathan Curth stated all of the properties were zoned RSF-4, Residential Single -Family, Four Units Per Acre, and then briefly explained how the property to the northeast was originally zoned as a PUD. There was a brief discussion between Council Member Turk and Jonathan Curth regarding how a PUD zoning district compared to the current zoning districts in the City of Fayetteville. Council Member Stafford thanked Jonathan Curth and the developers for the additional information. He liked the proposed rezoning for the area and appreciated the tree preservation. He believed the zoning request fit in with the neighborhood and that it would help the city get additional housing built to stabilize the market. The City Council received 1 public comment regarding this 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Bunch stated the item fit in with a lot of long range planning things the City had going on. She would be in support of the rezoning and briefly spoke of how she believed it was the city's best option to build more housing. Council Member Turk briefly spoke of how she had concerns regarding water runoff and slopes on the property, however she would be in support of the request because she believed the developer had great ideas and she would like to see how the rezoning unfolded close to the school. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 9 of 19 Council Member Stafford stated the tree preservation in the middle of the development was a cool aspect and he hoped more developers would take that into consideration because he believed it was good for drainage, soil and slope and for keeping the urban forest alive. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6731 as Recorded in the office of the City Clerk Appeal: Administrative-2024-0001: (S. Ed Edwards Rd, Mally Wagnon Rd, S. Hunt Ln - Woodruff, Kline, Wang, Warden, Durning, Farkas/Gregory, Durning & Hamm): A resolution to grant the appeal of the Planning Commission's denial of ADM-2024-0001, and to amend the Master Street Plan to remove an approximately 1.5 mile section of a Planned Residential Link Street between South Mally Wagnon Road and South Dead Horse Mountain Road. At the March 19, 2024 City Council Meeting this resolution was tabled to the April 2, 2024 City Council Meeting. Jonathan Curth, Development Services Director gave a brief description of the resolution and of the City of Fayetteville's Master Street Plan. He stated staff recommended denial of the request to amend the Master Street Plan to remove the connection and the Planning Commission denied the request by a vote of three to six. He stated there had been public comment received regarding diminishment of land value and property value and stated there had been a memo from the City of Fayetteville's legal department regarding case law of the existing state statute. He briefly spoke of the tour that had taken place of the properties in question. He stated Robert Rhoades was present as representative for the applicants. Robert Rhoades, Attorney with Hall Estill Law Firm stated he was representing seven families for the appeal and spoke briefly regarding the item. He stated no one would be harmed if the request was granted and the portion of the street in question was removed from the City of Fayetteville Master Street Plan. He stated the study that had been done regarding placing the street on the plan had been done numerous years ago and believed refreshing that study would be beneficial. He spoke of how widening the current roads in Fayetteville, like Huntsville Road and Highway 16, would remove the need for the connection. He stated the potential street connection would diminish the property owner's enjoyment of their land, cause further flooding issues and disrupt the wildlife in the area. He cited the City Attorney Memo that had been sent out on February 7, 2024 from the Office of the City Attorney and explained how the road would be expensive and he believed the City Council had been given sufficient reasons and rationale to take the street off the Master Street Plan. He was available for any questions. There was a brief discussion between Council Member Turk and Jonathan Curth regarding removing the street connection from the City of Fayetteville's Master Street Plan and possibly adding it back in later. Jonathan Curth explained that the street connection could be added back to a new version of the Master Street Plan, so long as no development had occurred in the area. He explained that if future development occurred the city would have no leverage in requiring the developers to make that street connection if it were removed from the map. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 10 of 19 The City Council received 11 public comments regarding this resolution. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the green network surrounding the area in question. Council Member Stafford spoke of how the prairie land was important and noted the water issues he had experienced in the area. He stated he presided over Ward 1 and that if the area in question ever got annexed, citizens in the area would be his constituents. He clarified that the road was not planned and there was no intention of currently building the road, it was only listed on the Master Street Plan. Jonathan Curth stated that was correct, and that if all the properties remained undeveloped, the street would likely never be built. Council Member Turk expressed concerns regarding the residents not having a voice in the matter when the road had been placed onto the Master Street Plan Map. She stated the road would go across four or five different ponds in a very vulnerable watershed area, which caused her concern. She would be supportive of the appeal and thanked everyone for coming out and speaking and apologized if they had indeed not gotten notice of the connection. Council Member Berna stated he very seldom went against staff s recommendations, but he was unsure of what direction he would be voting on the item. He expressed concern of how the area and streams might be affected by a road. He echoed the concerns Council Member Turk expressed and was leaning toward approving the appeal. Council Member Wiederkehr briefly spoke of how the road and land would never be developed unless one of the property owners sold their land to a developer or chose to develop the land themselves. He stated the potential road depicted was so that if anyone chose to develop in the future, the city would have rationale for requiring the developer to participate in creating the infrastructure needed. He stated that if the property owners were worried about development, they could voluntarily place their land in a conservation easement to preclude it from development. There were technical issues when trying to hear Council Member Bunch and Council Member Hertzberg through Zoom. There was brief discussion between Council Member Moore and Jonathan Curth regarding if the public had been notified when the street connection had first been placed on the Master Street Plan Map. Jonathan Curth stated the item had been heard with the City Plan 2040 at several public hearings, Planning Commission meetings and even at the City Council level. He stated the item had also been included in the Democrat Gazette Newspaper back in May of 2019. Council Member Moore echoed the concerns brought forward by residents and expressed her thanks for the tour of the area. She spoke of how Fayetteville was taking on a lot of population growth and that she had attended a Washington County Meeting that had recognized there was a lot of change coming and that Washington County would no longer be a rural county. She hoped that as the developments and road came to fruition, they would be working side by side with the neighbors to create the best plan possible. She would be in support of keeping the road on the map. Council Member Bunch spoke of how she was familiar with the area and stated there were many reasons that could cause someone to sell their property to someone who might want to develop it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 11 of 19 She explained how she had to apply the same rules to every street in Fayetteville and stated she was unsure of how she would vote on the item. She stated that if it was taken off the map, the city would not be able to get anything back from the developer if development occurred. Council Member Stafford thanked fellow Council Members for their comments and stated he would be supportive of the appeal. He briefly spoke of how Fayetteville was growing rapidly and of how the city needed to keep some of the character of where we came from and who we were and the need to protect prairie lands. Council Member Jones requested clarification regarding that a yes vote meant the City Council would be supporting the neighborhood appeal and a no vote would be against it. City Attorney Kit Williams, "The resolution says you grant the appeal, and you remove that section off of the Master Street Plan." There was additional technical difficulty hearing Council Member Bunch and Hertzberg over Zoom. The Zoom issues were fixed as the vote was taken. Council Member Turk moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution failed 4-4. Council Member Jones, Berna, Turk and Stafford voted yes. Council Member Moore, Wiederkehr, Bunch and Hertzberg voted no. Mayor Jordan declined to vote. This resolution item failed. New Business: Administrative-2024-0008: (Amend UDC §161.32 — P-1, Institutional): An ordinance to amend §161.32 District P-1, Institutional of the Unified Development Code. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and of the proposed amendment. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council unanimously with a vote of 9-0. He stated there was also a proposed amendment from City Attorney Kit Williams that acknowledged the potential for other religious denominations, which would change the purpose language in the ordinance from church to religious institution. He stated staff was in support of the change. City Attorney Kit Williams briefly spoke of his proposed amendment that removed the term larger in sections of the legislative text and that also changed the term churches to now read religious facilities/religious institutions. He explained how his proposed amendments were included in a memo he had handed out and that was also attached to the agenda. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 2, 2024 Page 12 of 19 There was a brief discussion between Council Member Stafford and City Attorney Kit Williams regarding if there was a difference between religious institutions or religious organizations in terms of wording for the proposed amendment to the ordinance. Council Member Stafford moved to amend to change the language to match the City Attorney Memo dated April 4, 2024. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent. There was a brief discussion between Council Member Turk and Jonathan Curth regarding the zoning district that allowed cryptocurrency uses. Jonathan Curth clarified that Data Centers had been created as a separate use, not a zoning district, and that it was not allowed by right or conditionally in the P-1, Institutional, zoning district. Council Member Turk briefly spoke of the large crosses that were at some churches and questioned where those fell in the category of the P-1, Institutional zoning district. City Attorney Kit Williams explained how the crosses were viewed as a sign because they expressed a message and therefore were under the City of Fayetteville's sign ordinance. He clarified that if it were a steeple, it would be part of the building and therefore he yielded to whatever the Planning Department had to say regarding its height regulations. Jonathan Curth explained how a steeple was not a habitable space, and therefore it was just an architectural feature so it would not be subject to being described as a building story in terms of height. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent. 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 Wiederkehr seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent. Ordinance 6732 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 April 2, 2024 Page 13 of 19 Rezoning-2024-0007: (Various Park Properties/ Fayetteville Parks, Natural Resources, and Cultural Affairs, Plat Page Varies): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0007 for approximately 2,461.60 acres located at various city park properties from various zoning districts to P-1, Institutional. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommended approval of the request and the Planning Commission had forwarded it to the City Council unanimously recommending in favor. He stated there had been a lot of public comment received on the item with concern that the properties were being sold and that after explanation, citizens were encouraged to hear the intent of what was being done. He had not received any public comment in opposition to the request and stated Alison Jumper was present as the Director of Parks, Natural Resources and Cultural Affairs for the item. Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs thanked the City Council for considering the item. She stated it was largely a cleanup item to get the properties into the proper zoning to move forward more efficiently with projects. She was available for questions. Council Member Turk questioned if Underwood Park was already zoned P-1, Institutional, as she didn't see it listed. Jonathan Curth clarified that the park land portion of Underwood Park had the PZD, Planned Zoning District, version of P-1, Institutional, applied to it. Council Member Turk questioned if there were other parks similar that had not been included. Jonathan Curth stated he was not aware of any. Council Member Stafford 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 Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Council Member Stafford 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 Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. Council Member Moore thanked everyone for their work and appreciated the energy and effort that had been put forth for the item. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 2, 2024 Page 14 of 19 Mayor Jordan asked shall the ordinance pass. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. Ordinance 6733 as Recorded in the office of the City Clerk Rezoning-2024-0003: (203-209; 239-245; 270-280; and 283-289 272 E. 12th St./12th St. Townhomes of Fayetteville, LLC., 563): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0003 for approximately 1.10 acres located on East 12th Street east of South Washington Avenue in Ward 1 from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use compatibility standpoint and consistent with the city's long range plans. He briefly spoke of how the property currently had a nonconforming use and if it were rezoned to RI-U, Residential Intermediate -Urban, it would bring the property into compliance. He stated there had been public comment expressed on the item, with no statements in support or opposition of the request. He stated staff recommended approval of the request and the Planning Commission forwarded it to City Council by a vote of 9-0. Paul Sims, Swope Consulting/Engineering briefly spoke of how the rezoning request was to bring the property into conformity while not increasing its density. He stated there were plans to remodel and improve the site. Council Member Stafford stated he was in support of the ordinance and was looking forward to having someone refurbish, remodel or rebuild the property. He spoke of how the city was adding a lot of density to South Washington Street and hoped there could be some improvements to the street soon. The City Council received 1 public comment regarding this ordinance. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Wiederkehr seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 15 of 19 City Attorney Kit Williams read the ordinance. Council Member Turk clarified that there was currently nothing preventing the owner from remodeling the property and believed it had been implied that rezoning had to take place in order to remodel and make the property more habitable. City Attorney Kit Williams spoke of how the property owner might be reluctant to fix up the property due to the homes being nonconforming. Council Member Turk explained that if the owner kept the same footprint, the homes could be remodeled and upgraded without any penalty. Council Member Stafford believed it would be good to bring the property into compliance. Council Member Moore recognized comments made by Council Member Turk and spoke of how the area had historically been an affordable spot in Fayetteville. She spoke of how the council could encourage the property to be as affordable as possible and briefly spoke of the changes that had happened within the community over time. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. Ordinance 6734 as Recorded in the office of the City Clerk Rezoning-2024-0004: (Lots 1-17; 67-70; and 79-108 of Oakbrooke Subdivision and Lot 25 of Bridgeport Subdivision, Phase 8/Oakbrooke Subdivision, 361): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0004 for approximately 11.67 acres located in the Oakbrooke and Bridgeport Subdivisions in Ward 4 from RPZD, Residential Planned Zoning District and RSF-4, Residential Single -Family, four units per acre to RI-12, Residential Intermediate, 12 units per acre and NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He realized that Exhibit A and B attached to the item did not reference the Neighborhood Conservation portion of the request and requested that the ordinance be amended to include that information. He stated there had been public comment received on the request with concerns in regard to the possibility of apartments being built on the property. He stated staff recommended approval of the request and the Planning Commission had forwarded it to the City Council unanimously in favor. He stated Tracy Hoskins was present as the applicant for the item. Tracy Hoskins, President of Paradigm Development Enterprises, Inc. gave a brief explanation of the request and stated it was part of a collaborative effort with city staff to get rid of the old PZD's, Planned Zoning Districts, and put the property into a current zoning that somewhat mimicked what 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 2, 2024 Page 16 of 19 the PZD conditions were. He stated they were not changing any of the current lots or changing the size of the lots or density at this point in time, and that everything was essentially staying the same. There was a brief discussion between Tracy Hoskins, Council Member Stafford and City Attorney Kit Williams regarding the packet that Tracy Hoskins had handed out to the City Council with information regarding the proposal. City Attorney Kit Williams verified with Tracy Hoskins that the packet he had handed to the City Council was what he was agreeable to. Tracy Hoskins stated that was correct. Council Member Turk moved to amend to add NC to the language. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. 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 Wiederkehr seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. Ordinance 6735 as Recorded in the office of the City Clerk Rezoning-2024-0005: (1510 W. Markham Rd./L&F Construction, 482): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0005 for approximately 0.30 acres located at 1510 W. Markham Road in Ward 4 from RSF-4, Residential Single -Family, four units per acre to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommended approval of the request and the Planning Commission forwarded the request to the City Council by a vote of 8-1. He stated staff had received no public comment on the item and that Ashley Patrick was available as the applicant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 17 of 19 Will Kelstrom, Attorney with Watkins, Boyer, Gray & Curry PLLC spoke briefly describing the request and of how they had sent out public notice to approximately 35 nearby properties. He stated there had been no public comment received on the item and then went on to describe the lot and how the rezoning would be a moderate increase in density. Council Member Stafford believed this would be a good rezoning with the University of Arkansas nearby and would be in support of the ordinance. Council Member Turk spoke of how she was familiar with the lot. She stated the residents next door were shaded out by the nearby high-rises and that they would be squeezed in with the potential redevelopment. She did not believe the City Council had done the residents justice by allowing the four and five story buildings that had been developed nearby. She questioned what the maximum density that could be built on the lot was. Jonathan Curth briefly explained how there were numerous iterations of how the property could be developed. He stated the RI-U, Residential Intermediate -Urban, zoning district would allow up to four attached units, which would require one parking space per bedroom if it were done as townhomes and it would require two spaces per bedroom if it were done as a single family or duplex. He stated the RI-U zoning district would allow two stories near the street and up to a third story as you segued into the property. Council Member Turk briefly spoke of how she would be in opposition to the request and asked that the City Council drive by and look at the property. Council Member Wiederkehr questioned if all of the Short -Term Rental licenses had been used already. Jonathan Curth stated that was correct and explained how the city was at 475 in Short -Term Rental licenses currently. Council Member Stafford understood the pain of growth but was still in support of the request. He would be willing to leave the ordinance on the First Reading to allow the City Council to drive by the property as requested by Council Member Turk. Council Member Moore stated she was familiar with the area and briefly spoke of how special it was. She spoke of the University of Arkansas and how they had encroached into the area. She stated she would be in support of the ordinance and spoke of looking at the city's policies and legislative changes within the Master Plans to see what could be done to protect those special areas. Council Member Berna moved to suspend the rules and go to the second meeting. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 18 of 19 Council Member Turk requested the item be held so the City Council could drive by and view the property in question. She spoke of how the house had been built in 1906 and that there was a University Heights Historical Context Review and spoke of how the property might be part of that proposed district. 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 failed 2-5. Council Member Jones and Moore voted yes. Council Member Wiederkehr, Berna, Turk, Hertzberg and Stafford voted no. Council Member Bunch was absent for the vote. Jonathan Curth confirmed that the property was within the study area for the Historic Context Survey that Council Member Turk had mentioned. Council Member Wiederkehr clarified that his no vote had been in deference to Council Member Turk, as she was a Ward 4 representative, and the project was in that area as well. This ordinance was left on the Second Reading. Rezoning-2024-0008: (3420 W. Mount Comfort Rd./The Goddard School, 323): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0008 for approximately 0.13 acres located at 3420 W. Mount Comfort Rd. in Ward 4 from R-A, Residential -Agricultural to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible and consistent with the city's long range plans and noted that a portion of the sidewalk that had recently been built might have to be removed and replaced at the applicant's expense due to an extension needed to access sewer for the property. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council unanimously. He stated there had been no public comment received for the item and that Addie Manzi was online as the applicant. Addie Manzi, Project Engineer with Bates & Associates briefly spoke of the rezoning request and stated she was available for any questions. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes April 2, 2024 Page 19 of 19 Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Turk, Hertzberg and Stafford voted yes. Council Member Bunch was absent for the vote. Ordinance 6736 as Recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: Sales Tax Report - Chief Financial Officer and Energy Report - Environmental Director C'itri Council "Tour: Date: March 29th, 2024 Time: 3:30 pm Address: Unaddressed; properties adjacent to Neighborly Way, Winter Evening Place, and September Stoll Lane Parking: Parking is available on -street; I recommend just north of Winter Evening along Neighborly Way as a central meeting place to being the tour (see attached) Request: Rezone the property from an expired PZD to a NC, Neighborhood Conservation and RI- 12, Residential Intermediate, 12 units per acre. Adjournment: 10:21 p.m. !%Nn111#t1J ``����RK ~� •`ma's Kara Paxton, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov