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HomeMy WebLinkAbout2024-05-21 - Minutes -Council Member Rob ert B. Stafford Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Counci l Member Mike Wiederkehr Ward 2 Position 2 Mayo r Lioneld Jordan City Attorney Kit Willi ams City Clerk Treasurer Kara Pax ton City of Fayetteville Arkansas City Council Meeting May 21, 2024 City Council Meeting Minutes May 21, 2024 Page I of 18 Co un c il Member Scott Berna Ward 3 Position I Co uncil Member Sarah Bunch Ward 3 Position 2 Counci l Member Teresa Turk Ward 4 Position I Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on May 21, 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, Communications Specialist Jonathan Ramirez, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Hwy 112 Condemnation (IV Generation Properties): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by IV Generation Properties , LLC needed for the Highway 112 (Garland Avenue) Widening Project. 113 West Mountain Fayetteville AR 72701 (479 ) 575-8323 www fayettev1lle-ar gov Resolution 136-24 as recorded in the office of the City Clerk City Council Meeting Minutes May 21 , 2024 Page 2 of 18 Hwy 112 Condemnation (Osment Investments): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Osment Investments , LLC; Dunn & Davis Townhomes, LLC; and Mae Holdings , LLC needed for the Highway 112 (Garland Avenue) Widening Project. Resolution 137-24 as recorded in the office of the City Clerk Arkansas Division of Aeronautics (Grant Application): A resolution to authorize an application for an Arkansas Division of Aeronautics Grant to fund 80% of project costs for a proposed Hangar Infrastructure Improvements Project at Drake Field. Resolution 138-24 as recorded in the office of the City Clerk Water Technology, Inc. (Service Contract): A resolution to authorize a contract with Water Technology , Inc . in an amount not to exceed $151 ,591.00 , pursuant to RFQ 24-01, for consulting services to develop an Aquatic Feasibility Study , to approve a project contingency of $5 ,000.00 , and to approve a budget adjustment. Resolution 139-24 as recorded in the office of the City Clerk Water & Sewer Street Cuts (Budget Adjustment): A resolution to approve a budget adjustment transferring additional funds into the Water & Sewer Operations Budget to cover the costs of street cuts for the remainder of 2024 . Resolution 140-24 as recorded in the office of the City Clerk Police Impact Fees (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $73 ,395.00 recognizing police impact fees collected through March 2024 for the expansion of police department operations to the entertainment district police substation. Resolution 141-24 as recorded in the office of the City Clerk Temporary Position Request (Short-Term Rental Enforcement): A resolution to authorize the addition of a temporary Short-Term Rental Clerk position in the Development Services Department for a term of six months for proactive short-term rental enforcement. Resolution 142-24 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville , AR 72701 (479 ) 575 -8323 WNW fayettev1lle-ar gov Unfinished Business: City Council Meeting Minutes May 21 , 2024 Page 3 of 18 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. At the May 7, 2024 C ity Council Me eting this item was left on th e Second Reading. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director explained the different committees and subcommittees this proposed project had been through and still needed to go through. He then stated that there were no new developments concerning this project and he was open to questions. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6749 as Recorded in the office of the City Clerk Rezoning-2024-0011: (Various Expired PZD Locations/ Expired PZDs, 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 . At the May 7, 2024 City Council Meeting this item was left on the First Reading. City Attorney Kit Williams stated that the Council discussed splitting the question at the previous Council Meeting to separate more contentious items. He explained that an ordinance had been drafted that would keep three non-controversial items heard this meeting and 3 controversial items heard individually so City Council could be more selective with the zoning for those 3 specific Planned Zoning Districts. He stated that he sent this proposed ordinance to each Council Member and asked for the Council to amend the ordinance to the version that splits the question. Council Member Turk moved to amend to only include the Cliffside Planned Zoning District, WestBrooke Village Phase 2 Planned Zoning District and Paddock Road Subdivision Planned Zoning District and exhibits. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated that there was a presentation prepared that he could provide , or he could answer questions related to the specific Planned Zoning Districts in the amended version of the ordinance that had just passed . 113 West Mountain Fayettev1lle , AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes May 21 , 2024 Page 4 of 18 Mayor Jordan asked the Council if they needed to see Jonathan Curth's presentation . Council Member Turk stated she was okay if the presentation was forgone. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Stafford 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 6750 as Recorded in the office of the City Clerk New Business: Intent to Enact Stormwater Utility Fee (Resolution oflntent): A resolution of intent to enact a Stormwater Utility Ordinance and establish a Stormwater Management and Water Quality Fund , authorize additional services related to implementation and public outreach , and to approve a budget adjustment. Chris Brown, Public Works Director presented a Stormwater Management and Water Quality Funding Program Implementation slideshow and explained the associated information important to the resolution. He provided information regarding impervious cover changes from 2019 -2023 , program costs , program billing rates and approach and the intended next steps. After he performed the presentation , he asked if there were any questions. Council Member Stafford asked City Attorney Kit Williams what exactly a resolution of intent was and explained what he thought it meant. City Attorney Kit Williams explained that Public Works had prepared many parts of what would be in the final ordinance but, the ordinance still needed more work. He stated a final ordinance would still need to come back before the council for a vote. Council Member Stafford stated that he wanted to ensure there would be enough time for the public to have their input on the final ordinance and he wanted to ensure that this resolution was not the final version . City Attorney Kit Williams explained that this resolution does not lock the council into anything , and the proposed item would need to come back before council as a completed ordinance . Council Member Stafford asked why State and County entities are recommended to be exempt from this proposed tax. 113 West Mountain Fayetteville , AR 72 701 (479 ) 575 -8323 www fayettev1lle-ar .gov City Council Meeting Minutes May 21 , 2024 Page 5 of 18 City Attorney Kit Williams explained that it was a legal issue , and that the city could not enforce any ordinance against them including the University of Arkansas . Council Member Stafford asked if citizens who were at the top tier are paying different rates than someone who may be on the bottom tier. Chris Brown stated that the system would be linear and that there are no discounts and stated there was a specific formula being used to find the specific costs. Council Member Stafford asked if there would be credit for the retention-of water. Chris Brown explained he had received lots of feedback from the council and there were differences in opinions. He stated there needed to be more discussion before a credit program could be solidified. Council Mem her Turk expressed she was troubled by the 13 % that was not linked to sewer users and asked if research was being done to find out more about it. Chris Brown stated it was a goal of his to better understand the different links between sewer users and gave a brief breakdown of how it is currently being figured . Council Member Stafford asked if residents on septic would be excluded. Chris Brown answered yes. Council Member Turk moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 143-24 as recorded in the office of the City Clerk Administrative-2024-0019: (Amend UDC Chapters 166.04): An ordinance to amend § 166.04(8)( 4)(1) Parkland Dedication of the Unified Development Code to modify the Applicability section for parkland dedication requirements. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief background of the agenda item and provided history on the parkland dedication ordinance. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 11 3 West Mountain Fayetteville , AR 72701 (479) 575-8323 WNW fayetteville-ar gov City Council Meeting Minutes May 21 , 2024 Page 6 of 18 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6751 as Recorded in the office of the City Clerk Vacation-2024-0007: (East of 1074 E. Sain St/frails on the Creek, 174): An ordinance to approve VAC-24-07 for property located east of 1074 East Sain Street in Ward 3 to vacate a 0.076 acre portion of drainage easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provi ded a brief description and history of the vacation request. Cody Sexton, Applicant Representative stated the drainage in the easement had already been upgraded to a box culvert and the remaining easements were a relic from the past that no longer serve a purpose. He urged the council to approve this vacation . 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 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 Berna 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 6752 as Recorded in the office of the City Clerk Rezoning-2024-0015: (4600 E. Huntsville Rd./Stone Street Rentals LLC., 565): An ordinance to rezone the property described in Rezoning Petition RZN 2024-15 for approximately 1.94 acres located at 4600 East Huntsville Road in Ward 1 from R-A , Residential Agricultural to RSF-4 , Residential Single-Family, Four Units Per Acre . 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayetteville -ar gov City Attorney Kit Williams read the ordinance. City Council Meeting Minutes May 21, 2024 Page 7 of 18 Jonathan Curth, Development Services Director provided a brief description and history of the rezoning request. John Cloyed, Applicant offered to answer any questions. This item received zero public comments . Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 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 Moore 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 6753 as Recorded in the Office of the City Clerk Rezoning-2024-0016: (2460 N. Old Wire Rd./Fayetteville Nature School, 292): An ordinance to rezone the property described in Rezoning Petition RZN 2024-16 for approximately 1. 95 acres located at 2640 North Old Wire Road in Ward 3 from CPZD , Commercial Planned Zoning District to P-1 , Institutional. City Attorney Kit Williams read the Ordinance. Jonathan Curth, Development Services Director gave a description of the property 's location , detailed history of the property and the history of surrounding areas. These details included that the City 's staff determined the request met the City 's land-use compatibility standard since the area around the property is largely residential and along a major corridor. He also explained the tree preservation requirements were the same for PZ-D and P-1 zoning. Melanie Legree, Applicant Representative explained the history of the property and the childcare facility that is currently located on the property. This item received zero public comments. Council Member Wiederkehr 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. 113 West Mountain FayettevIlle , AR 72701 (479 ) 575-8323 www .fayetteville-ar gov City Council Meetin g Minutes May 21 , 2024 Pa g e 8 of 18 Council Member Berna, Bunch, Turk, Hertzberg, Stafford, Moore, and Wiederkehr voted yes. Council Member Jones was absent for the roll call 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. Council Member Berna, Bunch, Turk, Hertzberg, Stafford, Moore, and Wiederkehr voted yes. Council Member Jones was absent for the roll call vote. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Turk, Hertzberg, Stafford, Moore, and Wiederkehr voted yes. Council Member Jones was absent for the roll call vote. Ordinance 6754 as recorded in the Office of the City Clerk Rezoning-2024-0017: (512 N. Mission Blvd./Zweig, 446): An ordinance to rezone the property described in Rezoning Petition RZN 2024-17 for approximately 0 .90 acres located at 512 North Mission Boulevard Ward 1 from RSF-4 , Residential Single-Family , Four Units Per Acre to NS- G, Neighborhood Services -General. City Attorney Kit Williams read the Ordinance. Jonathan Curth, Development Services Director gave a description of the property 's location , size , and structures. He explained that staff determined the request to be compatible and complimentary to the surrounding areas . Mr. Curth explained that the item had received a lot of public comments in opposition due to citizens wanting to keep the older buildings on the property. Mr. Curth also explained that if the item was approved the tree preservation requirement would drop to 20% from 25%. Ali Quinlan Thurmand, Applicant spoke and thanked the City Council Members for hearing the item. She explained that the buildings on the property were currently being used as office space and that there was no intention of completing any major renovations to the structures . She finalized her comments by saying that due to the size of the home was why the rezone request was brought forward. She explained that if the house had been under 3500 sq . ft. there would have been no issue using the property as a business . Council Member Stafford asked the applicant if they had any future construction plans for the property. Ali Thurmond Quinlan responded and said that in the future a custom-built home might be placed on the property but due to the cost of construction that is not the plan right now. She went on to explain that one dead maple tree along with a honey suckle bush would be removed from the property. 113 West Mountain Fayetteville AR 72701 (479 ) 575-8323 www fayettev1lle -ar gov City Council Meeting Minutes May 21 , 2024 Page 9 of 18 Council Member Stafford requested Development Services Director, Jonathan Curth, to display a map of the neighborhood. Jonathan Curth explained the different indicators on the map. He clarified that the City has received complaints regarding the property that is a construction laydown yard for a local housing builder. Council Member Stafford gave a summary of the public comments he had received regarding the rezoning request. He finalized his statement by explaining what information he felt he could take into consideration and what information he could not. Council Member Turk spoke of her concerns about future owners of the property and what changes the future owners might make if the rezoning request was approved . She stated that Ali Quinlan Thurmand could give the Council some other form of assurance that would prevent future owners from redeveloping the property into something that Ali had already verbally assured the Council she would not do . There was a brief discussion between the Council Members and Mayor Jordan regarding leaving the item on the first reading . Council Member Berna, "Teresa, what is some ideas you might have that would eliminate your concerns? Is there a way around? Maybe Jonathan 's the one to ask , is there any way around the request , like a Bill of Assurance?" Jonathan Curth, "I think Mr. Williams (City Attorney) would advise you that as a city, we cannot require a Bill of Assurance. That is something only a property owner can offer." Mayor Lioneld Jordan, "That is correct." Council Member Wiederkehr validated the comments that Ali Thurmond Quinlan had made regarding the preservation of the current structures on the property. Council Member Moore agreed with the comments made by Council Member Wiederkehr. She also commented that the City 's Unified Development Code needed to be reviewed and revised. This ordinance was left on the First Reading. Rezoning-2024-0018: (Southwest of W. Treadwell St. and S. Hill Ave./Subtext Acquisitions, LLC. and Modus Studio, 522): An ordinance to rezone the property described in Rezoning Petition RZN 2024-18 for approximately 2 .9 acres located southwest of West Treadwell Street and South Hill Avenue in Ward 2 from RMF-40 , Residential Multifamily, 40 Units Per Acre to MSC , Main Street Center, subject to a Bill of Assurance. City Attorney Kit Williams read the Ordinance. 113 West Mountain Fayetteville . AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes May 21 , 2024 Page 10 of 18 Jonathan Curth, Development Services Director gave a description of the property's location , size , and existing development. He explained the owner submitted a Bill of Assurance that would exclude use units of 17 and 34 (17 -Transportation Trade and 34-Liquor Stores). Mr. Curth explained that staff found the request to be compatible with the land-use map , parcels are close to Fayetteville High School , University of Arkansas , and Art District. He also explained that none of the current structures are located on the federal or state historic district register. He finalized his presentation by explaining there was a community consensus of opposition, however, staff and the Planning Commission recommended in favor of the item subject to the Bill of Assurance. Will Kellstrom, Representative of Applicant explained if the rezoning request was approved the applicant would not have to come back to the City Council to request a variance or a conditional use permit. He explained that rezoning would allow higher density, higher entitlements which would meet the student housing needs. Mitch Quartay, Representative of Applicant echoed the statement made by Will Kellstrom and also explained the goal of the project was to provide a safe, vibrant , and inviting experience for housing needs in Fayetteville. Chris Baribeau, Representative of Applicant explained that 82% of the site is currently undeveloped. He explained allowing the highest use of the property and adequate parking the development would be compatible with the student housing already on the property. A brief conversation between the applicant's representatives and Council Member Stafford regarding commercial use of the area took place. The applicant's representative mentioned that within the overall development a coffee shop or bodega might be included. Council Member Turk joined the conversation and asked Mr. Jonathan Curth , Development Services Director, if coffee shops were allowed under the current zoning code. Mr. Curth explained coffee shops were allowed up to a certain scale but would require a conditional use permit. Mr. Curth also explained the allowed commercial use square footage would not count against the residential use square footage. The City Council received 9 public comments regarding this ordinance. There was a brief discussion between Council Member Bunch, Stafford , and Jonathan Curth , Development Services Director. Mr. Curth answered their questions and explained there were approximately 50 units existing and the existing zoning allowed 116 units. He explained that if the property sells with the current zoning in place the owner would be able to add more units without rezoning the property . He went on to explain that the properties were a mix of RMF-40 , Residential Multi-Family 40 units per acre, and D-G, Downtown General. Council Member Stafford commented that he walked the area of the proposed rezoning request and characterized the area as workforce and international student housing. He felt strongly that if the rezoning was not approved the owner of the property would still build additional units. He finalized his comments by saying that if the item was brought forward for a vote, he would not be in support of the item . 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayettev1lle -ar gov City Council Meeting Minutes May 21 , 2024 Page 11 of 18 Council Member Berna spoke and summarized the email that was sent to the City Council Members by the owner of the property. He explained he understood the reasons why the owners were selling the property and clarified that the Council does not have the power to prevent an owner from developing a property that has a build by right within the established zoning code. A brief conversation between Council Member Turk and Jonathan Curth , Development Services Director, took place. Mr. Curth explained that he could not give a specific number of units that would be built within a 5 or 7 story building since there would be many ways the units could be arranged. Council Member Turk "So if we do leave this on the first reading , what would be so helpful to me , is speculate next time , what 's the highest potential amount of units would be within those two stories? I think that would be , I mean , you're going to have to make a lot of assumptions , but it would really give us a number to kind of evaluate." A brief conversation between Council Member Stafford and Berna took place. During the conversation Council Member Berna clarified that the email he spoke of came from Cassie Faught. Council Member Moore spoke about spending a lot of time in the area where the rezoning request was located. She explained that single-family to multi-family is encouraged for that area and the City of Fayetteville had declared a housing crisis . She finalized her comments by saying she knew this would not be an easy decision , but she was ready to vote on the item. Council Member Wiederkehr expressed his agreement that the property is the correct area for student housing due to the potential development being adjacent to the college. He also explained that he would like to see maximum parking developed on property. Mayor Lioneld Jordan "I have a resolution passed by the Council , we're talking about 1000 units per year. This is a terribly hard decision. I don 't like it any better than you do but we're going to have to make these kinds of hard decisions. I don 't want to wake up with everything just being gobbled up and us not keeping up with the housing market , this has gone on long enough and we need housing in this city. We 're going to have to do this. I 'm not saying we have to do this one , but I am saying we're going to have to build 1000 units at least a year. We heard that from Britin, she just sent you the report . Now, this is not the first of these big developments you're going to see and they 're coming one right after another. So , it 's a tough decision and it's not an easy job, nobody said we had an easy job up here . So , I don 't like this any better than anybody else does , I can assure you of that. I guess we'll leave this on the first reading." Council Member Berna requested the applicant to provide additional information regarding the amount of retail space that would be located on the first floor. This ordinance was left on the First Reading. Intent to Approve Extension of Water & Sewer Service (Resolution of Intent): A resolution to express the City Council's intention to approve an extension of water and sewer service to a 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayetteville -ar gov City Council Meeting Minutes May 21 , 2024 Page 12 of 18 proposed development outside of the city limits at 1011 South Mally Wagnon Road at the owner/developer 's expense. Council Member Berna explained that his reasons for sponsoring the item were due to the proximity of the property to the city limits , the owner wants to increase the density of the area and in tum wants to be able to attach the units built to the City 's sewer system. Tim Nyander, Utilities Director explained the property owner needs to provide information to determine the actual water and sewer needs of the property. Mr. Nyander requested the owner to provide the capacity, cost, and density, once the information is received city staff will be able to make a final determination. Applicant gave a presentation with slides regarding the history and cleanup of the property. The applicant mentioned that the property is close to the pump station. He expressed his desire to increase the density of the property and explained that he would have to present a large-scale development to the county if he proposed building more than one unit per acre. Brief discussion occurred between Council Member Turk and the Applicant. The Applicant verified that the acreage of the property was 4.2. The applicant went on to explain the size and shape of the property. The applicant also explained the buildable area was 60 /40 and he 1s encompassed on all sides except to the north by Fayetteville's city limits. Council Member Stafford and Jonathan Curth , Development Services Director, had a brief exchange that clarified the location of the property and the surrounding area. Council Member Stafford explained after reviewing the map that he did not feel like the request should be considered as sprawl since the property is located closer to the city limits than the City of Elkins. He finalized his comments by explaining he felt the request was reasonable and voiced his probable support of the item. There was a brief conversation between Council Member Moore and Tim Nyander, Utilities Director. Mr. Nyander verified that the developer would be responsible for all costs associated with the extension of City water and sewer services to the proposed development. A brief conversation between Council Member Wiederkehr and Jonathan Curth , Development Services Director, took place. Mr. Curth explained that the item before the City Council was a resolution to express their support for extending water and sewer services to the proposed development. Mr. Curth also explained the applicant would still work with the County due to the property being outside of the city limits . Mr. Curth also explained that the city would need additional information from the applicant before providing an estimate of the number of units that could be built on the property. City Attorney Kit Williams explained that the request before the City Council created a unique situation. He reminded the City Council that the applicant will pay for the infrastructure for the lines to be extended, the City Council can place specific language in the contract to ensure the ~evelopment meets the needs of the City and the applicant. 11 3 West Mountain Fayetteville , AR 72701 (4 79) 575 -832 3 www fayetteville-ar .gov City Council Meeting Minutes May 21 , 2024 Page 13 of 18 Council Member Bunch communicated her thoughts regarding the request to the City Council. She highlighted the fact that at some point in the future the City would be responsible for the upkeep of the extension should the item be passed. She agreed with the City Attorney that should the item be approved the outcome needs to be cost effective for the City and the applicant. A brief conversation between Council Member Stafford and City Attorney Kit Williams took place. City Attorney Kit Williams explained if the City Council passed the resolution , it would solidify the intent of the Council to extend the water and sewer lines. Council Member Stafford had followed up questions for Jonathan Curth, Development Services Director. Mr. Curth answered and explained that the City can review subdivisions within a certain distance of city limits , however, the county would determine the entitlement for the property. Council Member Turk requested clarification on the process that the City Attorney explained when it came to creating the contract. City Attorney Kit Williams explained the contract would come back before the City Council. He went on to explain that the contract would contain specific language, for example dictating tree preservation on the property. Council Member Bunch and Moore expressed their interest in working with the property owner and reviewing the contract at a future City Council meeting. Council Member Wiederkehr expressed his concern regarding the time staff will spend on reviewing the project when no fees will be paid to the city. City Attorney Kit Williams spoke and explained that impact fees will be paid to the city. He also explained that depending on the language in the contract, the city could also collect fees by requiring the applicant to obtain a building permit and inspection. Applicant spoke and expressed his interest in being annexed into the city since the property being I discussed is only 25 ft. away from city limits. This resolution received two public comments. Council Member Turk, "Before we take a vote , I wanted to suggest that we go out there for a tour. So , we have a little bit more understanding. So , I am just throwing that out there. Maybe we could schedule one in the future but keep that in mind." Mayor Lioneld Jordan, "Are you wanting to hold it? Is that what you 're saying?" Council Member Turk, "No , I am not saying hold the resolution. I 'm just suggesting that we should have a tour." Council Member Bunch motioned to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes May 21 , 2024 Page 14 of 18 Turk, Hertzberg, Stafford, Moore, Wiederkehr voted yes. Council Member Jones was absent for the roll call vote. This is recorded as resolution 144-24 in the Office of the City Clerk Request to Appropriate Funds -To Fund the Housing Crisis Task Force: A resolution to appropriate $1 ,000 ,000.00 in General Fund revenue received as ARP A general revenue loss to fund the Housing Crisis Task Force early recommendations in response to the declared housing cns1s . Council Member Moore gave a brief description of the resolution and stated its purpose was to set aside funds to implement recommendations from the Housing Crisis Task Force. She acknowledged how there had been discussion about using some of the funds for a park in the City of Fayetteville. She briefly spoke of how there had been updated language to the resolution , which had been attached to the agenda as an amendment. Council Member Moore moved to amend the resolution to accept all changes made by Blake Pennington, Senior Assistant City Attorney. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Turk, Hertzberg, Stafford, Moore and Wiederkehr voted yes. Council Member Jones was absent for the vote. Council Member Stafford stated he would like to make an amendment to Section 2 on the resolution , which spoke about giving the Housing Crisis Task Force a three month deadline to return recommendations to the City Council. He did not feel the need to place a deadline on the Housing Crisis Task Force and felt there could still be a sense of urgency without the deadline . He acknowledged some of the funds being earmarked for the park but did not believe that would be the best use of the American Rescue Plan Act funds. Council Member Moore offered a recommendation to strike out the wording in Section 2 to remove the immediate urgency on the Housing Crisis Task Force . Council Member Stafford moved to amend to remove wording from the language of the resolution in Section 2 that read "within three months of first convening" and "immediate". Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. There was a brief discussion between Council Member Berna, Council Member Moore and Paul Becker, Chief Financial Officer, regarding how the resolution was to remove the earmark for the funds to go to the park and instead be earmarked to go to the Housing Crisis Task Force. Paul Becker went on to explain how the funds had been allocated to the park by stating that discussion had taken place near the end of the year 2022. He stated the City Council had agreed to reimburse the city for losses and that it had been spoken about that the funds be used for infrastructure in the City of Fayetteville , with the suggestion of two programs the funds could be used for: addressing leakage in a water line or renovations to Walker Park. He described how the term 'earmark' was a relatively loose term that just stated the city would consider that item going forward and that earmarks were usually used to reserve something that would stretch across fiscal years. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www fayettevi lle-ar .gov City Council Meeting Minutes May 21 , 2024 Page 15 of 18 Council Member Berna requested that Alison Jumper come forward to speak on why Walker Park had been selected and what the funds would have been used for at the park . Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs stated the funds would have been used to better serve the community by making improvements that would have provided free and low-cost recreational opportunities at Walker Park. She gave a summary of the input that the City had went through to develop the Master Plan and presented a slideshow that depicted how the funds would be used to implement the phases of that plan in the park. Council Member Berna questioned if there was any way to replace the funds for Walker Park if the funds were pulled from that project. Alison Jumper, "We don't have any other funds identified for this park at this time." Council Member Bunch questioned how much work and costs had already went into the Walker Park project. Alison Jumper stated around $100 ,000 had been spent to create the Master Plan and that there was a current contract of around $200 ,000 to create the construction documents. Council Member Moore questioned ifthere were ways to pause parts of the Walker Park project. Alison Jumper explained how projects could generally be paused at any time , however that usually ended up costing more money. Council Member Wiederkehr briefly spoke of how the City Council had earmarked a little over five million dollars and he was not enthusiastic about re-earmarking this one million because he had assumed the funds would go towards infrastructure, whether that be a park or repairing a watermain. Council Member Hertzberg questioned what recommendations Council Member Moore anticipated would come from the Housing Crisis Task Force that needed funding. Council Member Moore briefly spoke of how the Housing Crisis Task Force could potentially do projects that would review zoning , development code and affordable housing in the City of Fayetteville. She stated the Housing Crisis Task Force would bring forth individuals with a level of expertise and knowledge of things to invest in. Council Member Hertzberg had concerns regarding the Housing Crisis Task Force not specializing in American Rescue Plan Act funding , and therefore there might be confusion about their recommendations and how the funds could be appropriated. She also had concerns regarding the vagueness of the resolution. Council Member Berna spoke of how he had an issue with taking the funds from the Walker Park project, which had community involvement and feedback , just to give the funds to something the City Council was unsure of how they would be used. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayettev1lle-ar gov City Council Meeting Minutes May 21 , 2024 Pa g e 16 of 18 Council Member Stafford spoke of how the funds could go towards recommendations from the Housing Crisis Task Force that supported infrastructure connected to housing. He would be in support of the resolution as is and with changes geared more towards infrastructure. There was a brief discussion between Council Member Bunch and Council Member Stafford regarding how Council Member Stafford could imagine the funds being used toward infrastructure with the Housing Crisis Task Force. Council Member Stafford stated he could see the funds being used to do things like with the Willow Bend Neighborhood , where the City had given one million dollars towards infrastructure on that project to help in creating affordable housing. The City Council received 2 public comments regarding this resolution. Council Member Moore acknowledged that some council members had concerns regarding the item and would be open to tabling the resolution to clear up those concerns. Council Member Stafford recommended the item be tabled for two weeks and moved to table the resolution. Council Member Jones stated he had heard from numerous members of the community regarding the resolution . He briefly spoke of how earmarking the money would set funds aside for the Housing Crisis Task Force to do the work that needed to be done towards the housing crisis. Council Member Hertzberg moved to approve the resolution. Council Member Turk seconded the motion. Council Member Stafford stated he already had a motion on the floor to table the resolution . City Attorney Kit Williams stated he needed a second to that motion. Council Member Moore seconded the motion to table the resolution. City Attorney Kit Williams stated a motion to table the resolution would take precedence. Council Member Stafford moved to table the resolution for two weeks. Council Member Moore seconded the motion. Upon roll call the motion passed 5-3. Council Member Bunch, Stafford, Jones, Moore and Wiederkehr voted yes. Council Member Berna, Turk and Hertzberg voted no. Mayor Jordan questioned what the City Council wanted staff to look into for the item. Council Member Moore stated further review of what the funds could be used for with the Housing Crisis Task Force and what kind of housing the funds could be spent on would be helpful. This resolution was tabled to the June 4, 2024 City Council Meeting. Amend 157.03 (Notification Requirements): An ordinance to amend § 157.03 Annexations, Zoning Map Amendments , and Rezonings of the Unified Development Code to require applicants to notify residents of property proposed for annexation or rezoning , and to declare an emergency. City Attorney Kit Williams read the Ordinance. 113 West Mountain Fayetteville , AR 72701 (479) 575 -832 3 www .fayettev1lle -ar.gov City Council Meeting Minutes May 21 , 2024 Page 17 of 18 Council Member Moore spoke and identified her reasons for bringing the amendment forward. She expressed the concerns she had received from different renters that were affected by the rezoning on Hill. She took those concerns to Jonathan Curth, Development Services Director, and other staff members to find a way to ensure owners of property and the renters receive notification of rezone requests in their areas. Mayor Lioneld Jordan spoke and reminded the Council that they will be hearing a lot of large development projects soon. Council Member Turk expressed her appreciation of Council Member Moore identifying the issues. Council Member Stafford asked if the amendment to the city code would take care of all the issues regarding requiring notification. Jonathan Curth, Development Services Director explained that the amendment would make a simple text change in the City 's code to all landowners and residents with separate addresses on the property and within 200 feet of the boundary will receive notification . Mr. Curth expressed his belief that if the amendment is passed , it would take care of all the issues regarding requiring notification . There was a brief conversation between Council Member Stafford , Council Member Bunch and City. Attorney Kit Williams. Mr. Williams answered their questions and explained the change is a minor change to the City 's code. He went on to explain the request to change the City 's code did not go to the Ordinance Review Committee since it was such a minor change . This item r.eceived one public comment. Council Member Moore motioned to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the Ordinance. Council Member Moore motioned to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6755 as Recorded in the Office of the City Clerk Announcements: Chief of Staff Susan Norton announced , "We 're really pleased to announce the schedule that was published today from long range planning from Brittin Bostick and Jonathan 's group about the 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes May 21 , 2024 Page 18 of 18 71 B rezoning public meetings are going to start next week. There are seven meetings scheduled so we'll have a pretty intense schedule to be able to work very diligently on the housing crisis around 71 B. Also , the city 's pool opens on Saturday." City Council Agenda Session Presentations: None City Council Tour: Tour Date: May 20 , 2024 Time: 4:00 PM Address: The block within Hill , Putnam , Duncan , and Treadwell Parking: Mid-block , on W. Putnam between S. Hill and S. Duncan, in the empty lot (see attached) Request: Rezone the property from RMF-40 , Residential Multi-Family , 40 Units Per Acre to MSC , Main Street/Center, subject to a Bill of Assurance (see attached). Adiournment: 9:32 p.m. 113 West Mountain Fayetteville AR 72 701 (479 ) 575-8323 www fayettev1lle -ar gov