HomeMy WebLinkAbout2024-05-07 - Minutes -Co uncil Member Robert B. Stafford
Ward I Position I
Counc il Member D 'Andre Jo nes
Ward I Position 2
Co uncil Member Sarah Moore
Ward 2 Position I
Council Member Mike Wiederkehr
Ward 2 Position 2
Mayor Lione ld Jordan
C ity Atto rn ey Kit Wi lli ams
City Cle rk Treasurer Kara Paxt on
City of Fayetteville Arkansas
City Council Meeting
May 7, 2024
City Council Meeting Minutes
May 7, 2024
Page I of 19
Coun ci l Member Scott Berna
Ward 3 Position I
Counci l Member Sarah Bunch
Ward 3 Position 2
Counci l Member Te resa Turk
Ward 4 Position I
Coun ci l Member Holl y Hertzberg
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on May 7, 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
Mayor's Announcements, Proclamations and Recognitions:
Environmental Stewardship Awards -Presented by Mayor Lioneld Jordan
Mayor Jordan announced the names of those that had wo n the Environmental Stewardship
Awards for the year 2024. The Individual winner was Will Dockery , the Nonprofit winner was
Butterfield Trail Village, the Community Initiative winner was the Pick Me Up Program and the
Young Inno vators winner was the Fayetteville High School Eco-Fashion Club.
City Council Meeting Presentations, Reports, and Discussion Items:
Monthly Financial Report -Chief Financial Officer
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City Council Meeting Minutes
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Paul Becker, Chief Financial Officer gave a brief description of the Monthly Financial Report .
He spoke of sales tax and how it had been down for the first two months but was now up 3.4%
compared to budget. He stated that all in all , the -General Fund was down approximately 2.1 %, the
Street Fund was down 3% and the Parking Fund was down 8% compared to the budget. He spoke
briefly of the percentages in individual departments. He stated the Airport flights were down 4.4%
and fuel sales were down 26% and stated that was something to keep an eye on . He summarized
that the percentages were starting to level off compared to the last couple of years in which revenue
had grown at a pace higher than expected.
Agenda Additions: None
Consent:
Approval of the April 2, 2024 City Council Meeting Minutes.
APPROVED
Approval of the April 16, 2024 City Council Meeting Minutes.
APPROVED
Benchmark Construction of NW A, Inc. (Bid Award): A resolution to award Bid #24-28 and
authorize a contract with Benchmark Construction of NW A , Inc. in the amount of $989 ,779.09 for
storm drainage installation along the Mission Boulevard Trail , to approve a project contingency in
the amount of $50 ,000.00 , and to approve a budget adjustment -2019 Trail Improvement Bond
Project.
Resolution 125-24 as recorded in the office of the City Clerk
E-Scooter Program (Revenue Recognition): A resolution to approve a budget adjustment in the
amount of $30 ,000.00 recognizing revenue received from the E-Scooter Program.
Resolution 126-24 as recorded in the office of the City Clerk
Crossland Heavy Contractors, Inc. (Change Order 2): A resolution to approve Change Order
No . 2 to RFQ # 22-07 Contract with Crossland Heavy Contractors , Inc. for the Midtown Corridor
Project Phase 2 in the amount of $191 ,461.43 and approve a budget adjustment -2019
Transportation Bond Project.
Resolution 127-24 as recorded in the office of the City Clerk
DC Sparks Construction, LLC. (Change Order #2): A resolution to approve Change Order No .
2 to the Fleet Shop Expansion Contract with DC Sparks Construction , LLC. in the amount of
$21 ,362.56 to reconcile additions to the contract.
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Resolution 128-24 as recorded in the office of the City Clerk
City Council Meeting Minutes
May 7, 2024
Page 3 of 19
Hawkins-Weir Engineers, Inc. (Amendment No. 3): A resolution to approve Amendment No.
3 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an
amount not to exceed $646 ,930.00 for Professional Services associated with utility relocations
along Martin Luther King Jr. Blvd. at the I-49 /Hwy-62 Interchange.
Resolution 129-24 as recorded in the office of the City Clerk
Olsson, Inc. (Service Agreement): A resolution to approve an Engineering Services Agreement
in an amount not to exceed $68,000.00 between the City of Fayetteville and Olsson, Inc. for design
of removal and replacement of coating systems and updating safety systems for the Baxter Water
Storage Tank.
Resolution 130-24 as recorded in the office of the City Clerk
D.J. Shubeck Company (Purchase Agreement): A resolution to award Bid # 24-30 and
authorize a contract with D.J. Schubeck Company in the amount of$56,340 .36 plus any applicable
taxes and freight charges for the purchase of a Biosolids Sludge Pump for use at the West Side
Water Resource Recovery Facility .
Resolution 131-24 as recorded in the office of the City Clerk
Garney Companies, Inc. (Change Order No. 1): A resolution to approve Change Order No. 1
with Garney Companies , Inc . in the amount of $75 ,450 ,081.00 for Construction Manager At-Risk
Services for the West Corridor Water Transmission Line Project.
Resolution 132-24 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.
Unfinished Business:
Appeal: Rezoning-2024-0002: (740 W. Stone St./Apex Property Ventures, LLC, 522): An
ordinance to rezone the property described in Rezoning Petition RZN-2024-0002 for
approximately 0.24 acres located at 740 West Stone Street in Ward 2 from RI-U , Residential
Intermediate-Urban to DG , Downtown General.
Council Member Hertzberg moved to suspend the rules and go to the second reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
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Jonathan Curth, Development Services Director clarified that there were two Bill of Assurances
that had been offered for the item , neither of which had been voted to be included in the ordinance
yet. He gave a brief description of the Bill of Assurances offered and stated staff recommended
denial of the request and the Planning Commission denied the request by a vote of 3-6. He stated
Brian Teague was present as the applicant for the item.
Brian Teague, Owner of Community By Design stated that after the last City Council Meeting ,
they had reviewed the Home Protection Requirements Ordinance and were now confident that they
could work within that ordinance to meet the requirements for the development. He gave a brief
description of the request and spoke of how he believed it would provide the type of housing that
Fayetteville needed. He also believed the request highlighted a need for an intermediate zoning
category between Residential Intermediate-Urban and Downtown General. He briefly spoke of
how it might not be necessary to adopt the Bill of Assurance and left that decision up to the
discretion of the City Council. He went on to explain his problems with Conditional Use Permit 's
being subject to appeal and causing issues to other projects. He believed the proposal was
compatible with surrounding properties and did not believe it would present any measurable
change in traffic. He went on to describe how they were proposing to build a five plex on the site.
Mayor Jordan questioned why staff had not been in support of the item.
Jonathan Curth gave a brief explanation of the reasoning behind staffs recommendation ; staff
felt the applicant could work within the existing zoning district , which allowed what they were
proposing by Conditional Use Permit, and then explained staffs concerns regarding the offering
of a Bill of Assurance.
Council Member Stafford summarized that it seemed staffs opposition to the request was due
to there being a different path to get to the same objective and that it did not seem as though staff
had been against the project in particular.
Jonathan Curth stated that was correct and reminded the City Council that there was no assurance
that what the applicant had shown on the screen during his presentation was what would be built.
Council Member Stafford spoke of how he believed Community By Design had a great track
record of building housing that fit the character of existing neighborhoods. He wouldn 't want a
procedural difference in how the development was achieved to stand in the way of it getting done.
He would be in support of the request.
The City Council received 1 public comment regarding this ordinance.
Council Member Wiederkehr believed everyone was in support of the project, the issue he had
was someone in the future reviewing the zoning map and seeing zoning different than what the
neighborhood intended. He felt tom between the procedure he believed was there for a reason and
wanting to support staffs decision . He was open to hearing other council members' thoughts .
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Council Member Turk felt it was important that the city follow the established procedures. She
liked the project but would be opposed to the item due to the procedural grounds that had been
established and staffs recommendation of denial.
There was a brief discussion between Council Member Moore and Jonathan Curth regarding how
the Future Land Use Map indicated the property as a City Neighborhood , which was intended to
support a wide diversity of residential and nonresidential uses.
Council Member Moore briefly spoke of the proposal and of how she was curious to see what
might be developed given the size and location of the site . She then went on to speak of how she
was hesitant due to the height restriction and the Bill of Assurances. She envisioned the area to
have the potential for cafes and other services.
Council Member Stafford 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 unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3.
Council Member Berna, Bunch, Stafford, Jones and Moore voted yes. Council Member
Wiederkehr, Turk and Hertzberg voted no.
Ordinance 6743 as Recorded in the office of the City Clerk
Public Hearing:
Certificate of Public Convenience and Necessity -Affordable Taxi Company: A resolution to
conduct a Public Hearing for the issuance of a Certificate of Public Convenience and Necessity to
Affordable Taxi Company to operate as a Taxi Company in the City of Fayetteville .
Mayor Jordan opened the floor for the Public Hearing.
Mike Reynolds, Police Chief gave a brief description of the request and stated all of the
information that had been required from the applicant had been included in the agenda packet. He
stated Rose Shaddon was present to answer any questions .
Rose Shaddon, Owner of Affordable Taxi of Pope Co LLC stated she had started her company
three years ago , which now operated in seven counties.
There was a brief discussion between Rose Shaddon, Council Member Stafford and City Attorney
Kit Williams regarding how Affordable Taxi had six vehicles , but only three would be operating
in the City of Fayetteville . Rose Shaddon had set the limit of three taxis being operating in the City
of Fayetteville in her application and would have to come before the City Council to change that
number if she wished to in the future.
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Council Member Hertzberg moved to approve the resolution. Council Member Berna
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 133-24 as recorded in the office of the City Clerk
New Business:
Jack Tyler Engineering, Inc. (Service Agreement): A resolution to accept a quote from Jack
Tyler Engineering , Inc. in the amount of $64 ,572.61 plus applicable taxes and freight charges for
the repair of a pump used at the Hamestring Sewer Lift Station.
Tim Nyander, Utilities Director gave a brief description of the request. He stated the city 's best
course of action would be to purchase the repair parts for the pump from JR Stewart and then pay
Jack Tyler Engineering , Inc. to rebuild the pump in Little Rock, Arkansas. He stated staff would
have to go back and request two separate purchase orders for the pump repairs and therefore
requested that the resolution be tabled indefinitely.
Council Member Berna moved to table the resolution indefinitely. Council Member
Hertzberg seconded the motion. Upon roll call the motion passed unanimously.
This resolution was tabled indefinitely.
Community Oriented Policing Services Hiring Program (Grant Application): A resolution to
approve an application for a 2024 Cops Hiring Program matching grant in the amount of
$250,000.00 to fund two School Resource Officers for a period of four years with the $496 ,100.00
matching requirement split proportionally between the City and Fayetteville Public Schools.
Mike Reynolds, Police Chief gave a brief description of the resolution and its history . He stated
that if approved , the resolution would fund two additional School Resource Officers for the 2025-
2026 school year. He briefly spoke of the details regarding the Cops Hiring Program Grant and
gave an outline of the costs associated with the grant. He believed the Fayetteville Public School
District had 17 school campuses and that the grant would help with providing funding to get closer
to the original resolutions goal of providing a School Resource Officer on every school campus .
He stated several members of the Fayetteville Public School District, faculty members and parents
were in attendance tonight in support of the grant application. He stated that if the grant were
awarded , he would come back to the City Council later in the year to seek acceptance of the grant.
There was a brief discussion regarding how the City of Fayetteville expected to be able to put a
School Resource Officer on every school campus by the 2027-2028 school year. The passage of
this resolution would make the 12 th and 13 th School Resource Officer on a school campus in the
City of Fayetteville .
The City Council received 11 public comments regarding this resolution .
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Council Member Moore recognized the work and effort the Fayetteville School District had done
around restorative justice, appropriate learning environments and behavioral interventionist
support. She briefly spoke of the studies and data that had been collected regarding arrests and
citation incidents between the police and children of color. She had concerns regarding the request
and would not be voting in support of the resolution.
Council Member Jones appreciated Council Member Hertzberg for bringing the item forward in
2022 and believed the conversation around the topic had made everyone wiser and stronger. He
stated the resolution was about the safety of the children in the school district and felt offended
that someone else was speaking on behalf of African Americans , which he felt only became an
issue when speaking about policing. He stated he had received calls from seven African American
mothers that were supportive of having School Resource Officers in the school district. He stated
tonight was about safety and he believed the School Resource Officers helped children in many
ways. He stated he was elected to keep Fayetteville safe and that's what he would do. He
appreciated everyone's concerns and encouraged those with concerns to look at other opportunities
to help African American children with things other than policing , such as scholarships and jobs.
Council Member Hertzberg clarified that the resolution was for funding the already approved
School Resource Officer Program to save the city money. She would be in support of the item.
Council Member Berna stated he would be in support of the resolution and briefly spoke ofrecent
incidents in the Fayetteville and Springdale school district where guns had been found on students.
Council Member Stafford appreciated everyone who had spoken on the topic and stated he would
be in support of the resolution. He believed it was about keeping the children safe.
Council Member Wiederkehr briefly spoke of the three reasons he found the resolution rational
to support ; it was cost effective , the City Council had already agreed to do this from a policy
perspective and the safety of the students in the school district. He stated that until there were five
votes to change the City Council's previous decision to support the School Resource Officer
Program, there probably shouldn't be debate unless there 's a request to change that decision. He
briefly spoke of how having a School Resource Officer at a school campus might make a difference
in that campus 's ability to recruit and attract faculty members .
Council Member Bunch understood Council Member Moore's reasoning for pulling the item
from the Consent Agenda, however she was not in support of that action . She felt as though
Fayetteville had built a strong bond between the City , City Council , School Board and the police
force. She believed they were all working together to keep everyone safe and briefly spoke of how
she would be in support of the resolution .
Mayor Jordan briefly spoke of how he thought about the safety of the citizens and children in the
City of Fayetteville daily. He stated he had always supported public safety and that the City
Council had committed to adding two School Resource Officers a year to the Fayetteville School
District until there was an officer on every school campus.
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Council Member Berna moved to approve the resolution. Council Member Bunch seconded
the motion. Upon roll call the resolution passed 7-1. Council Member Wiederkehr, Berna,
Bunch, Turk, Hertzberg, Stafford and Jones voted yes. Council Member Moore voted no.
Resolution 134-24 as recorded in the office of the City Clerk
Vacation-2024-0006: (151 W. Dickson St./151 Dickson Development, 484): An ordinance to
approve VAC-24-006 for property located at 151 West Dickson Street in Ward 2 to vacate a 273
square feet portion of access easement.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated it had been over 20 years since the easement had been dedicated and that it had never been
utilized. He stated staff recommended approval of the vacation and since it was not associated with
any franchise utilities there were no recommendations of conditions being associated with the
request.
Suzanne Clark, Attorney with Clark Law Firm PLLC stated she was present on behalf of Trinitas
Ventures. She requested that the City Council follow staffs recommendation and vacate the
easement. She was available for questions.
There was a brief discussion between Council Member Wiederkehr and Jonathan Curth regarding
the landscaped area on the property. Jonathan Curth explained that if the property were to be
redeveloped , it might not be required that the landscaped area be maintained unless the details of
that development submittal required some sort of green space.
Council Member Stafford moved to suspend the rules and go to the second reading. Council
Member Jones seconded the motion. Upon roll call the motion passed unanimously.
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 Bunch seconded the motion. There was brief discussion amongst the City
Council regarding the item being held on the Second Reading until it had went through the Tech
Plat Committee Meeting for further feedback. It was clarified that the request would be heard at
the May 15 th Tech Plat Committee Meeting. Council Member Hertzberg withdrew her motion to
go to the third and final reading.
This ordinance was left on the Second Reading.
Rezoning-2024-0009: (E. lOth St. and S. Waxflower Ave./Willow Bend Lots 23, 26 & 31,563):
An ordinance to rezone the property described in Rezoning Petition RZN 2024-009 for
approximately 3.87 acres located at East 10th Street and South Waxflower Avenue in Ward 1 from
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RSF-18, Residential Single-Family , Eighteen Units Per Acre and 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 complimentary to the land uses in the area and consistent with
the city's adopted plans and goals from a long range planning standpoint. He briefly spoke of the
properties infill score and of how the tree preservation minimum would change. He noted there
were hydric soils present on the property , which could be an indicator of wetlands. He stated staff
recommended approval of the request and the Planning Commission forwarded it to the City
Council by unanimous vote. He stated there had been no public comment received on the item and
noted that Lindsay Hackett was present online as the applicant for the request.
Lindsay Hackett, Representing Partners for Better Housing gave a brief update on the progress
of the Willow Bend Neighborhood. She stated construction of the neighborhood had been divided
into three phases; the first phase was complete and consisted of fifteen market rate homes and three
homes that were built by Habitat For Humanity , Phase Two included thirty new homes and Phase
Three was dependent upon the decision made tonight. She clarified that the goal was to build
approximately 100 new homes with about 20% of those homes being considered affordable. She
stated the request was to allow for better flexibility relating to the types of homes that could be
constructed and sold to individual property owners due to the heightened cost of construction and
the need for affordable homes.
Council Member Turk requested clarification regarding if the current infrastructure in the area
was sufficient enough to support increased density and housing along with the request.
Jonathan Curth clarified that the city had not built the infrastructure but had contributed a million
dollars towards the construction of the infrastructure. He briefly described the infrastructure at the
property and stated it had been built to an eight inch water and an eight inch sewer capacity , which
had the capability to handle single family and medium density town house developments.
Council Member Stafford stated he had spoken with members of the Willow Bend neighborhood ,
and they had been in support of the request.
Council Member Stafford moved to suspend the rules and go to the second reading. Council
Member Berna seconded the motion. Upon roll call the motion passed unanimously.
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 Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
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Page 10 of 19
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6744 as Recorded in the office of the City Clerk
Rezoning-2024-0012: (2002 and 2008 E. Huntsville Rd./Taproot Investment Partners, 565):
An ordinance to rezone the property described in Rezoning Petition RZN 2024-012 for
approximately 0.51 acres located at 2002 and 2008 East Huntsville Road in Ward 1 from RSF-4 ,
Residential Single-Family , Four Units Per Acre to RI-U , Residential Intermediate-Urban and 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 staff found the request to be compatible from a land use perspective and consistent with the
city's adopted plans from a lang range planning standpoint. He stated the property had an infill
score of seven and explained how there were no floodplains or hydric soils present on the property.
He stated the tree preservation would reduce to 20% on the Neighborhood Services General
portion of the property and 15% on the Residential Intermediate-Urban portion. He stated staff
recommended approval of the request and the Planning Commission forwarded the item to the
City Council unanimously. He stated there had been no public comment heard on the request and
that Erin Adkins-Oury was present as the applicant for the item.
Erin Adkins-Oury, Owner of Taproot Investment Partners , LLC stated she had brought the
request to the City Council due to wanting to see the lot developed in the near future. She wanted
the development to be compatible and fit into the fabric of the neighborhood. She gave a brief
description of the request and of what she wanted to see done with the property.
Council Member Turk had concerns regarding the Residential Intermediate-Urban rezoning
request because that would allow up to three stories , and she believed there were currently no three
story buildings on that block. She had concerns regarding its compatibility if that were to happen.
Erin Adkins-Oury stated she could not guarantee the height of what would potentially be built
on the property .
There was a brief discussion between Council Member Stafford and Jonathan Curth regarding how
there was a Residential Multi-Family , 24 Units Per Acre zoning near the property , which allowed
up to five stories.
Council Member Stafford spoke of how he believed the request to be reasonable and that it was
important for that corridor to have the option of small businesses and shops . He was supportive of
the project.
The City Council received 1 public comment regarding this ordinance.
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Council Member Stafford moved to suspend the rules and go to the ~econd reading. Council
Member Wiederkehr seconded the motion. Upon roll call the motion passed unanimously.
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 Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6745 as Recorded in the office of the City Clerk
Rezoning-2024-0014: (141 W. Skyline Dr/Mount Sequoyah Center, 486): An ordinance to
rezone the property described in Rezoning Petition RZN 2024-014 for approximately 0.37 acres
located at 141 West Skyline Drive in Ward 1 from RSF-4 , Residential Single-Family, Four Units
Per Acre 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 found the request to be compatible from a land use standpoint and that the tree
preservation would stay at 25%. He stated the property currently had an existing nonconforming
use , which was the cross overlook, and stated staff felt it appropriate to place a zoning district that
complemented that overlook. He stated there had been a piece of public comment heard at the
Planning Commission Meeting that expressed an aspiration that the Mount Sequoyah Center
maintain access to the cross overlook. He stated staff recommended in favor of the request and the
Planning Commission forwarded it to the City Council unanimously by vote of 7-0. He stated
Emily Gentry was present as the applicant for the item.
Emily Gentry, President and CEO of Mount Sequoyah Center gave a brief description of the
request and of what she wanted to do with the property , which was to maintain access for the
public , make it safe , make it enjoyable and maintain the view of the downtown area for people to
utilize the space as a community resource.
Council Member Stafford briefly spoke of how the area was a Fayette ville landmark and that his
understanding of the request was that it would help in maintaining and impro ving the site. He
would be in support of the request.
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 unanimously.
City Attorney Kit Williams read the ordinance.
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Council Mem her Wiederkehr 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
unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6746 as Recorded in the office of the City Clerk
Planned Zoning District-2024-0002: (West of N. 54th Ave/ Coleson Brook, LLC, 397): An
ordinance to approve a Residential Planned Zoning District entitled PZD-2024-002 for
approximately 12.13 acres located west of North 54th Avenue in Ward 4.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance and
went on to explain how the Planned Zoning District was proposed to include two planning areas .
He stated that from a long range zoning standpoint, staff felt the request to be compatible and
consistent. He briefly spoke of how the proposal included two offsite parking lots , which would
require the applicant to return to the Planning Commission to receive a Conditional Use Permit for
those parking areas. He stated there had been public comment received on the item , many in the
form of inquiries and some with concern regarding the maintenance of detention and retention
ponds. He stated staff recommended approval of the request with the conditions that had been
proposed , and the Planning Commission voted unanimously by a vote of7-0 to forward to the City
Council recommending approval.
JR Carroll, Coleson Brook, LLC gave a brief description of the property and explained why they
had come forward with the request. He explained how they were looking to downzone due to
creating a better transition between the zoning districts in the area and leaving a decent amount of
the property to being green space.
There was a brief discussion between Council Member Hertzberg and Jonathan Curth regarding
the two parking lots being proposed. Jonathan Curth stated he did not have the dimensions of the
parking lots and went on to explain how the area would be subject to the city 's landscaping
standards. Council Member Hertzberg questioned what the property owner 's plans were to retain
the trees in the area while also developing the parking lot structures. JR Carroll briefly spoke of
how a majority of the properties tree canopy was in the green space outlined on the depiction of
the property . He went on to explain how it was important for homes to face the green space area.
Council Member Turk had driven by the property and had noticed there were very few trees . She
hoped the property owners could possibly preserve some of the larger trees.
JR Carroll assured the City Council that they would do what they could to preserve the trees.
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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 7-0. Council
Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Jones and Moore voted yes. Council
Member Stafford was absent for the vote.
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
unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6747 as Recorded in the office of the City Clerk
Planned Zoning District-2024-0003: (215 N. West Ave/Park Hotel, 484): An ordinance to
rezone the property described in Rezoning Petition RZN 2024-03 for approximately 0.60 acres
located at 215 North West Avenue in Ward 2 from MSC , Main Street Center to a Planned Zoning
District.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
went on to explain that regardless of whether the request was approved or not, the applicant would
have to go back to the Planning Commission to have a Conditional Use Permit considered for their
parking plan. He stated staff recommended approval of the request with the conditions outlined ,
and the Planning Commission unanimously forwarded it to the City Council recommending in
favor. He stated there had been no public comment received on the item .
Jenny Burbidge, Landscape Architect with Prism Design Studio gave a brief update on the
proposal and the updated site plan.
Carl Kernodle, Two Trout Development gave a brief description of the floor plans for the site.
Brian Reindl, Owner of Reindl Properties , LLC stated he was available for any questions.
There was a brief discussion between Council Member Stafford , Brian Reindl and Jonathan Curth
regarding whether the eighth floor lounge would be open to the public. Brian Reindl stated it was
open to everyone.
Council Member Moore noticed the wording of private club and requested clarification on if the
public would have access or if an area of the building would be rented out.
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Brian Reindl explained how that space could be rented out to a private event, which would allow
them to have a separate space without having to close down the rest of the area to the public.
Council Member Moore thanked the applicant for clarifying. She referenced a rendering of the
green space being proposed and questioned if there were any additional opportunities to create
more green space.
Brian Reindl stated that was the limit of what they could provide as far as green space in the area.
Council Member Moore thanked the applicant for hearing her concerns and felt it would be nice
for citizens to have that space to relax and enjoy the area.
Council Member Berna moved to suspend the rules and go to the second reading. Council
Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Wiederkehr stated he was appreciative of the developer for retaining the
landscape architect.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6748 as Recorded in the office of the City Clerk
Rezoning-2024-0011: (Various Expired PZD Locations/ Expired PZD's, PP Varies): An
ordinance to rezone the properties described in Rezoning Petition RZN 2024-0011 for
approximately 90.65 acres located in Wards 1, 2 , and 4 from Planned Zoning Districts to various
standard zoning districts.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated staff had found five Planned Zoning Districts (PZD 's) that had expired and needed rezoned.
He went on to give a brief description of the history regarding the properties and the request before
the City Council. He stated the city had received public comment on the item , with a vast majority
of comments in the form of inquiries , some statements of support and one statement in opposition.
He stated there had been a recent request from the Northwest Arkansas Land Trust to hold the item
so they could further review concerns they had expressed regarding the Springwood and Park West
properties. He stated staff recommended in favor of the request and acknowledged it was
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appropriate to leave the item on its First Reading. He then went on to explain the Planning
Commissions findings and comments on the item.
Council Member Turk briefly spoke of how she had driven by the properties and stated the
Environmental Action Committee , along with the Sustainability Department, had been working
on a climate resiliency spatial map. She noted that some of the areas in question had scored highly
in terms of climate resiliency and requested that the item be tabled so additional information could
be provided.
Council Member Stafford stated he had been in contact with Marson Nance , with the Northwest
Arkansas Land Trust , and that they had requested additional time to consider what Council
Member Turk had mentioned. He would be in favor of leaving the item on the First Reading and
appreciated all of the work staff had done on the request.
This ordinance was left on the First Reading.
Appeal: Conditional Use Permit-2024-0011: (155 N. Powerhouse Aveffrinitas Ventures,
483): A resolution to grant the appeal of Council Members Scott Berna, D' Andre Jones , and Bob
Stafford and approve Conditional Use Permit CUP 2024-011 to allow the installation of an offsite
parking lot at 155 North Powerhouse Avenue and University Avenue to serve the applicant's
proposed apartment building on Center Street.
Jonathan Curth, Development Services Director gave a brief description of the resolution and of
the specifics regarding the request. He stated staff did not find there to be any concerns with the
proposal regarding noise glare or odor effects and described how the site was fairly sloped and had
multiple power lines running over the property , which limited its developability. He stated there
had been public comment expressing a desire to see fencing along the perimeter of the property
and then many comments received in opposition of the request with assertions that the property
could be used for housing and mixed use buildings . He stated staff recommended approval of the
request and the Planning Commission made a motion to approve the request , which failed by a
split vote of four to four. He stated Suzanne Clark was present to speak for the item.
Suzanne Clark, Attorney with Clark Law Firm PLLC gave a brief description of the request and
stated the item was in support of a project that would add 676 beds toward housing that Fayetteville
needed. She went on to explain how she believed some of the reasons for voting against the
proposal had not been valid and she requested that the City Council reverse the Planning
Commissions prior decision. She clarified that the applicant was not asking for variances, they
were doing everything within the City Code and believed it would be a good fit for the property .
She stated they would be happy to come back in the future and amend the Conditional Use Permit
if needed and clarified that they were not insisting the area remain a parking lot forever.
Todd Wendell, Vice President of Trinitas Ventures LLC gave a brief description of the project
and highlighted its benefits. He believed the project met the spirit of the 2030 and 2040 City Plans ,
that it would provide easier transportation for residents , that it could help address housing needs
and provide a closeness to the Fayetteville trail system for citizens to utilize. He also noted how
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as part of the development , there would be improvements made to Center Street, there would be a
public park and there would also be upgrades to some of the existing utilities in the area.
There was a brief discussion between the City Council regarding the difficulty of removing the
power lines on the property. Todd Wendell explained that from a development standpoint, trying
to move that infrastructure would make developing the area as anything other than a surface
parking lot difficult and costly.
Council Member Stafford spoke of how the building was being built as student housing , but
wanted clarification that the applicant would not discriminate against workforce applicants .
Suzanne Clark clarified that it was open for rental to any Fayetteville citizen and that there were
no requirements that someone be a student at the University of Arkansas to rent an apartment.
Council Member Turk questioned how much additional impervious surface would be added
under the proposed plan versus what was currently there.
Jonathan Curth stated he did not currently have that information.
Council Member Turk referenced the slope on the property and wondered what kind of plans
had been made to deal with the stormwater runoff.
Suzanne Clark referred to Jonathan Curth regarding those calculations and believed that due to
the addition of green space , she expected there to be an improvement over what it currently was.
There was a brief discussion between Council Member Stafford and Jonathan Curth regarding
pedestrian walkways and access around the property. Council Member Stafford questioned if the
property was currently operating as a free use parking lot. Jonathan Curth stated staff members
were investigating whether the lot was currently operating outside of ordinance.
Council Member Berna stated his reasoning for sponsoring the appeal was due to one of the
Planning Commissioners ' reasonings for denying the proposal , which was due to the fact that the
Powerhouse building currently there being razed. He questioned what the amount would be to
bring the existing Powerhouse building back up to code.
Brad Hardin, Fire Chief stated he could not estimate that cost, but stated that if someone wanted
to reopen the Powerhouse as it was , they would not be able to do so until January of 2027. He went
on to explain more specifics regarding the fire code .
Council Member Stafford appreciated Council Member Berna for bringing that point forward.
He believed the amount of work and costs associated with bringing the building back and running
would be too great.
The City Council received I public comment regarding this resolution.
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Council Member Stafford clarified that there was a lot that he wasn't thrilled about with the
project, but he was thrilled about 676 beds while facing a housing shortage. He believed Kyle
Smith, who spoke during public comment , brought up good points , however he felt the proposal
needed to move forward.
Council Member Wiederkehr stated he had great respect for the projects representatives and was
surprised at the amount of feedback he had received from Ward 2 residents regarding the proposal ,
who had concerns about not parking onsite.
Council Member Turk stated she had heard from the community as well in regard to the parking
lot being incompatible for the area and that the project itself was too large , and that if it were scaled
down , there would be enough parking onsite without there having to be this parking lot.
Council Member Moore briefly spoke of how she struggled with the request being the right fit
for the area and believed there would be more conversation regarding parking regulations and
enforcement in the future. She had concerns regarding the proposal and would not be in support.
Council Member Hertzberg stated she was in support of the proposal and that she liked the
housing project it was attached with . She felt the request was reasonable and liked the fact it would
create a more managed parking area.
Council Mem her Berna stated he would be in support of the proposal as well and believed the
best use of the property would be a parking lot due to the slope and power lines present. He believed
the developer had worked diligently to try to overcome the challenges that were presented.
Council Member Jones echoed Council Member Berna 's thoughts. He believed the project would
help meet the city 's needs and would be in support.
There was a brief conversation regarding which ward representatives had received comments from
the public on the item.
Council Member Hertzberg moved to approve the resolution. Council Member Stafford
seconded the motion. Upon roll call the resolution passed 5-3. Council Member Berna,
Bunch, Hertzberg, Stafford and Jones voted yes. Council Member Wiederkehr, Turk and
Moore voted no.
Resolution 135-24 as recorded in the office of the City Clerk
Call for a Permanent Ceasefire in Gaza (Resolution): A resolution to call for a permanent
ceasefire in Gaza and for the prevention of further loss of human life in the middle east.
Council Member Moore gave a brief description of the resolution and spoke of the loss of life
occurring in the Middle East. She acknowledged the various viewpoints and emotions on the topic
and looked forward to hearing from everyone regarding the item. She believed the City could uplift
the beliefs and values and requests of the citizens and elevate that to the Federal Government and
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believed it was important for Fayetteville to add their voice to all of the other cities across the
nation.
The City Council requested that City Attorney Kit Williams read the resolution . City Attorney Kit
Williams read the resolution and noted there were approximately 100 citizens present to speak
during public comment. He believed it would be beneficial for the City Council to limit public
comment to two minutes per citizen so that everyone had time to speak.
Council Member Hertzberg moved to suspend the rules and set a two minute public
comment limit. Council Member Berna seconded the motion. Upon roll call the motion
passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg and Stafford
voted yes. Council Member Jones and Moore voted no.
The City Council received 62 public comments regarding this resolution .
Council Member Moore thanked everyone that had spoken during public comment. She was
available for any questions and hoped the resolution would be approved so that Fayetteville could
be the first city in the State of Arkansas to join others across the nation in support.
Council Member Jones thanked the members of the public that had come forward and spoken ,
and also thanked the Fire Department and the Police Department for managing the crowd , and to
Council Member Moore for advocating for the citizens.
Council Member Stafford thanked everyone who had spoken . He briefly explained how he had
been elected to work on things that directly affected his community and recognized that he did not
have a voice on the international level. He did not believe it was the duty of the City Council and
he believed he needed to stay true to his beliefs and would be abstaining from the vote.
Council Member Jones stated the resolution was about world peace and addressing the issue of
individuals losing their lives. He believed the resolution was a reflection of a lot of things that
Fayetteville had already done . He stated he was elected to put people over politics , which was also
having compassion and empathy for those that lived in other countries as well. He would be in
support of the resolution .
Council Mem her Turk thanked everyone who had spoken. She briefly spoke of how her election
platform had been about everyone having a voice and that it was her job to listen and be thoughtful
regarding those voices. She had concerns that if the city took a stand , it would cause the issue to
escalate and spill over into other areas. She stated the comments tonight had changed her opinion
and she would be supporting the resolution.
Council Member Berna echoed Council Member Stafford 's concerns and spoke of how he
represented over 90 ,000 citizens of Fayetteville. He had spoken with members of the community
prior to the meeting and had heard comments questioning why Fayetteville was doing this
resolution. He also spoke of a comment he had heard that caused him to realize that some of the
language in the resolution was not particularly neutral in some citizens' eyes and could possibly
create a divide in the community. For those reasons , he would not be in support of the resolution.
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Council Member Wiederkehr appreciated everyone who had spoken. He briefly spoke of his
concerns being that before the item had been placed on the agenda, he had received phone calls
from out of state individuals that had made him feel as though Fayetteville was a target or a project.
Council Member Moore gave a brief explanation regarding the origin of the resolution and how
it had been brought forward from the concerns of the local residents. She apologized for the
concerns regarding the resolution and clarified again that the topic was important to the
community.
Council Member Wiederkehr heard concerns during public comment that suggested $1.4 million
dollars of Fayetteville tax revenue had been going to support the war. He briefly clarified that that
was not the City of Fayetteville budget funding.
Council Member Jones moved to approve the resolution. Council Member Moore seconded
the motion. Upon roll call the resolution failed 3-1-4. Council Member Turk, Jones and
Moore voted yes. Council Member Berna voted no. Council Member Wiederkehr, Bunch,
Hertzberg and Stafford abstained.
This resolution failed.
Announcements:
Kara Paxton, City Clerk Treasurer announced that the City was currently taking applications for
Boards, Committees and Commissions. She stated the deadline to apply was Friday , May 24 th at 5
p.m.
City Council Agenda Session Presentations: None
City Council Tour: None
Adiournment: 12:30 a.m.
113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayettev1lle-ar gov