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HomeMy WebLinkAbout2024-06-04 - Minutes -Co un ci l Member Ro be rt B. Stafford Ward I Pos ition I C ouncil Member D 'Andre Jones Ward I Position 2 Co un ci l Member Sarah Moore Wa rd 2 Position I Co uncil Member Mike Wi e d erkehr Ward 2 Position 2 Mayo r Li oneld Jordan C ity Att orn ey Kit William s City Clerk Treasurer Kara Pax ton City of Fayetteville Arkansas City Council Meeting June 4, 2024 City Council Meeting Minutes June 4 , 2024 Page I of 18 Coun ci l Me mbe r Scott Be rn a Ward 3 Position I C ouncil Member Sarah Bunch Ward 3 Position 2 Co uncil Mem ber Teresa Turk Ward 4 Positi o n I Co uncil M e mb er Holl y He rt z berg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 4, 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: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report -Chief Financial Officer Paul Becker, Chief Financial Officer gave a brief description of the Monthly Financial Report. He stated sales tax was down 4.3%, franchise fees were down 10 %, beverage taxes were down 10% and building permits were up 9%. He briefly spoke of the percentages in other departments and stated that overall , the General Fund was down approximately 4.3% compared to budget. He briefly spoke of the Street Fund and how turnback was down 4% and that interest income and miscellaneous income was up. He stated that overall, the Street Fund was down 1 % at this point in time. He stated the Parking Fund was down 1 % at this point in time compared to the budget. He 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes June 4 , 2024 Page 2 of 18 briefly spoke of the HMR Fund and how it was down 10%, which he expected to see catch back up in May due to late payments . He estimated that fund only being down approximatel y 2.5%. He spoke of how the Water and Sewer and Recycling and Trash Collections were up approximately 1 %. He briefly spoke of the Airport and how flights were down 2.1 % and revenue was down 21 % at this point in time compared to last year. He went on to explain how those percentages were being monitored closely. He stated the report for the month of April was softer than he would have liked and that most of the funds were pretty even, except for the General Fund and HMR Fund. There was a brief discussion between Council Member Moore and Paul Becker regarding how building permits had been projected to be flat for this year . Council Member Moore was curious on Paul Becker 's outlook on the fund , given that the building permits were up 9%. Paul Becker briefly spoke of building permits and how they went into the General Fund revenues and could be spent on General Fund purposes. He briefly spoke of how the fund had been projected as flat and that the 9% was approximately $80 ,000. Agenda Additions: None Consent: Mayor Jordan stated Item A.8 and A.15 would be pulled from the Consent Agenda for further discussion . Approval of the May 7, 2024 City Council Meeting Minutes. APPROVED Approval of the May 21, 2024 City Council Meeting Minutes. APPROVED Boston Mountain Solid Waste District (Service Agreement): A resolution to approve a three- year contract with the Boston Mountain Solid Waste District with up to four automatic one-year renewals based on a rate of fifty cents ($.50) per resident per year for solid waste services provided to the City of Fayetteville as a member of the district. Resolution 145-24 as recorded in the office of the City Clerk WER Architects (Amendment No. 1): A resolution to approve Amendment No . 1 to the Design Services Contract with WER Architects in the amount of$19, 185.56 for the repair and replacement of the Recycling and Trash Transfer Station, City Hall , Water and Sewer Operations , Rock Street Annex, and Fayetteville Town Center roofs -City Facility Improvement Bond Project. Resolution 146-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meetin g Minutes June 4 , 2024 Page 3 of 18 Recognize Park Land Dedication Funds (Budget Adjustment): A resolution approving a budget adjustment in the amount of $98 ,000.00 to recognize park land dedication funds for Gulley Park Improvements from the Northeast Quadrant. Resolution 147-24 as recorded in the office of the City Clerk Railroad Crossing Elimination (Grant Agreement): A resolution to authorize the acceptance of a Federal Railroad Crossing Elimination Grant in the amount of $576 ,000.00 , and to approve a budget adjustment. Resolution 148-24 as recorded in the office of the City Clerk Watershed Conservation Resource Center (Memorandum of Agreement): A resolution to approve a Memorandum of Agreement with the Watershed Conservation Resource Center for continued maintenance of stream restoration projects and other nonpoint source pollution related issues . Resolution 149-24 as recorded in the office of the City Clerk WT Transfer Holding Company LLC (Purchase Agreement): A resolution to approve the purchase of two New Holland Balers from WT Transfer Holding Company LLC in the total amount of $93,250 .19 , pursuant to a Sourcewell Cooperative Purchasing Contract. This item was pulled from the Consent Agenda/or further discussion. Fire Department Vehicle Expansion Upgrades (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $17 ,438.00 for Fire Department vehicle expansion upgrades. Resolution 150-24 as recorded in the office of the City Clerk Aftermarket Vehicle Parts, Supplies and Services (Purchase Agreement): A resolution to approve the purchase of automotive , heavy duty and off-road aftermarket parts , tools , supplies , equipment, accessories and additional services from multiple vendors , pursuant to a Sourcewell Cooperative Purchasing Contract, through May 19 , 2025 and any additional renewals. Resolution 151-24 as recorded in the office of the City Clerk Whiting Systems Inc. (Bid Waiver): A resolution to waive competitive bidding and authorize the purchase of vehicle wash chemicals from Whiting Systems Inc. on an as-needed basis through May 15 , 2026 . Resolution 152-24 as recorded in the office of the City Clerk Bid 24-33 Jack Tyler Engineering, Inc. (Pump Replacement): A resolution to award Bid #24- 33 and authorize the purchase of a submersible pump in the amount of $85 ,770.04 .00 plus 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayetteville-ar .gov City Council Meetin g Minutes June 4 , 2024 Page 4 of 18 applicable taxes and freight charges from Jack Tyler Engineering , Inc. to be used at the Noland Water Resource Recovery Facility. Resolution 153-24 as recorded in the office of the City Clerk J.R. Stewart Pump & Equipment, Inc. (Purchase Agreement): A resolution to waive competitive bidding and authorize the purchase of parts for a pump at the Hamestring Sewer Lift Station in the amount of $49 ,555 .71 plus applicable taxes and freight charges from J.R. Stewart Pump & Equipment Inc. Resolution 154-24 as recorded in the office of the City Clerk Olsson, Inc. (Engineering Agreement): A resolution to approve an Engineering Services Agreement in the amount of $45 ,000 .00 between the City of Fayetteville and Olsson , Inc. for preliminary engineering related to upgrades at the Mally Wagnon Sewer Lift Station. Resolution 155-24 as recorded in the office of the City Clerk Olsson, Inc. (Amendment No. 6): A resolution to approve Amendment No. 6 to the Professional Services Engineering Agreement with Olsson , Inc. in an amount not to exceed $516 ,515.00 for engineering services related to the East Fayetteville Water System Improvements Project , and to approve a budget adjustment. This item was pulled from the Consent Agenda for further discussion. Bid 24-29 Crossland Heavy Contractors, Inc. (Construction): A resolution to award Bid #24- 29 and authorize a contract with Crossland Heavy Contractors , Inc. in the amount of $8 ,318 ,668 .00 for the construction of a water pumping station and various waterlines for the Gulley and Goshen Pressure Plane Improvements Project, to approve a project contingency in the amount of $415 ,934.00 , and to approve a budget adjustment. Resolution 156-24 as recorded in the office of the City Clerk Lion First Responder PPE, Inc. (Purchase Agreement): A resolution to approve the purchase of bunker gear and related products , services , and solutions from Lion Manufacturing through Nafeco on an as-needed basis , pursuant to a Sourcewell Cooperative Purchasing Contract, through March 27, 2028 and any future renewal periods. Resolution 157-24 as recorded in the office of the City Clerk PMAM Corporation (Service Contract): A resolution to approve a contract with PMAM Corporation, pursuant to RFP 23-19 , for false alarm administration services . Resolution 158-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar.gov City Council Meeting Minutes June 4, 2024 Page 5 of 18 2024 High Intensity Drug Trafficking Area (Memorandum of Understanding): A resolution to approve a Memorandum of Understanding with Washington County to accept funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $122 ,243 .00 for the Police Department, and to approve a budget adjustment. Resolution 159-24 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. WT Transfer Holding Company LLC (Purchase Agreement): A resolution to approve the purchase of two New Holland Balers from WT Transfer Holding Company LLC in the total amount of $93,250.19, pursuant to a Sourcewell Cooperative Purchasing Contract. This item was pulled from the Consent Agenda/or further discussion. City Attorney Kit Williams stated he had included in a memo information regarding the two resolutions that had been pulled from the Consent Agenda. He stated that one resolution needed to be amended to have a budget adjustment applied to it , and the next resolution needed to be amended to have a budget adjustment not applied to it. Council Member Bunch moved to amend the resolution to the City Attorney hand out. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Council Member Berna moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 160-24 as recorded in the office of the City Clerk Olsson, Inc. (Amendment No. 6): A resolution to approve Amendment No. 6 to the Professional Services Engineering Agreement with Olsson, Inc. in an amount not to exceed $516 ,515.00 for engineering services related to the East Fayetteville Water System Improvements Project, and to approve a budget adjustment. This item was pulled from the Consent Agenda/or further discussion. Council Member Moore moved to amend the resolution to the City Attorney's hand out. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Council Member Berna moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 161-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayetteville-ar .gov Unfinished Business: City Council Meeting Minutes June 4 , 2024 Page 6 of 18 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. At the May 21 , 2024 City Council Meeting this item was left on the First Reading. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated he had no new updates on the item and that staff recommended in favor of the request. He stated the Planning Commission had forwarded the request to the City Council by a vote of 8-1. He stated Allison Thurmond Quinlan was present as the applicant for the item. Allison Thurmond Quinlan, Principal and Landscape Architect with Flintlock LAB stated she had nothing new to add. There was a brief discussion between Council Member Turk and Jonathan Curth regarding why the applicant had brought forward the request. Jonathan Curth briefly explained how the size of the house on the property in its existing zoning district prevented the applicant from being able to use it as an office as they had wanted, and that's why the request had come forward to rezone. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit .Williams read the ordinance. Council Member Turk reminded the City Council that if the property were rezoned to Neighborhood Services -General, there could potentially be cluster housing or a four unit plex built on the property. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Bunch, Hertzberg, Stafford, Jones, Moore, Wiederkehr and Berna voted yes. Council Member Turk voted no. Ordinance 6756 as Recorded in the office of the City Clerk 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 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar.gov Ci ty C ouncil Meeting Minutes June 4 , 2024 Page 7 of 18 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 . At the May 21 , 2024 City Council Meeting this item was left on the First Reading. There was a brief discussion amongst the City Council regarding the applicant wanting the item to be tabled to the June 18 , 2024 City Council Meeting. It was discussed on whether or not to leave the item on the First Reading or move to the Second Reading before tabling the ordinance . Applicant requested that the item be tabled and not go through any further readings. He stated they had requested to table the item due to the feedback that had been provided from the previous City Council Meeting they wanted to incorporate into their project design . He also expressed how they were mitigating issues that the recent tornado had caused , and they would appreciate the additional time to make sure they got the project right. Council Member Stafford moved to table the ordinance to the June 18, 2024 City Council Meeting. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. This ordinance was left on the First Reading and tabled to the June 18, 2024 City Council Meeting. Request to Earmark Funds to Implement Recommendations of the Housing Crisis Task Force: A resolution to earmark $1 ,000 ,000.00 in General Fund Re venue , recei ved as ARP A general revenue loss replacement, for the purpose of implementing earl y recommendations from the Housing Crisis Task Force. A t the May 21 , 202 4 C ity Coun cil M ee ting thi s res olution was tabled to th e Jun e 4, 2024 City Coun cil Mee ting. Council Member Moore briefly spoke of the American Rescue Plan Act funds and of how she had brought the resolution forward to allow the Housing Crisis Task Force to have the monies earmarked for whatever they might recommend in the future. She requested that the City Council support the resolution. Paul Becker, Chief Financial Officer explained how in April of 2022 there had been discussion regarding standard revenue loss reimbursement to the General F und and earmarking that reimbursement for infrastructure. He then went on to ex plain how in Jul y of 2022 , Chief of Staff Susan Norton sent a spreadsheet to the City Council that outlined what the City had been interested in looking at to reimburse for losses that had incurred in the General Fund. He stated that American Rescue Plan Act projects the City had been considering had also been posted on the City website during that time as well. He stated that on April 6, 2022 the City had an American Rescue Plan Act Workshop where Walker Park and a water and sewer project had been di scussed . He then went on to explain how in August of 2022 , the City put a survey on Speak Up Fayetteville that had gathered input from members of the public regardin g projects the City had listed . He went on to explain how the City had continued to di scus s the top two proj ect s they had been looking at doing ; one for water and sewer to address water losses on a water line and the other for Walker Park. He stated that in 2023 , the Walker Park project continued to be discus sed publicly at committee 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes June 4 , 2024 Page 8 of 18 meetings and had also been included in the Parks Master Plan . He then went on to explain how in March of 2024 , staff had brought forward the repair of the water line to the City Council , and that was also where he had brought to the Councils attention the intention of the million dollars being earmarked for the Walker Park project. He then went on to explain how there had been substantial conversation regarding spending the funds on Walker Park for quite some time . There was a brief discussion between Council Member Bunch and Paul Becker regarding how if the funds were allocated to the Housing Crisis Task Force, any recommendations made with the funds would come back before the City Council. Council Member Berna questioned if the City had a history of allocating funds for committees. Paul Becker stated the City could not allocate money to a committee; however, the City Council could get recommendations from a committee that could then be approved. Council Member Stafford clarified that the request was not an allocation , it was simply just an earmark for the funds . He questioned if the money could be earmarked or allocated for something else if the Housing Crisis Task Force did not use the funds. Paul Becker stated that was correct. He noted that city staff had been working on a plan for Walker Park , which was being prepared to be brought forward to the City Council. Council Mem her Stafford briefly spoke of the American Rescue Plan Act funding and offered an amendment to the current resolution towards infrastructure investments and improvements , as well as removing the urgencies in the language. There was a brief discussion amongst the City Council regarding how the item had been amended at the last City Council Meeting and confusion over which item had the correct information . City Clerk Treasurer, Kara Paxton explained how the memo from the City Attorney , listed as item #5 in the agenda packet viewable on Civic Clerk, had the most up to date information for the request. There was brief discussion regarding possibly tabling the item due to the confusion . Council Member Stafford stated he would submit his amendment to the City 's Attorney 's Office for drafting. City Attorney Kit Williams questioned if Council Member Stafford wanted to remove the wording of rapidly and early from the first section of the resolution . Council Member Stafford stated that was correct. Council Member Stafford went on to clarify that he wanted the resolution amended to state, 'for the purpose of implementing recommendations of the Housing Crisis Task Force in regard to infrastructure improvements , and or assistance, where found appropriate.' Council Member Moore moved to table the resolution to the July 18 , 2024 City Council Meeting. Council Member Jones seconded the motion. The City Council received 3 public comments regarding this resolution. Kara Paxton, City Clerk Treasurer spoke of the previous City Council Meeting where there had been a motion to amend the resolution , a copy of which had been attached to the agenda in Civic 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes June 4 , 2024 Page 9 of 18 Clerk listed as 'Appropriate One Million for Housing Number Two.' She clarified that attachment had the updated information that had been amended at the last City Council Meeting. There was a brief discussion of how there was currently a motion and a second to table the resolution for two weeks and that the amendment Council Member Stafford proposed had already been updated. Council Member Wiederkehr briefly spoke of how he did not desire to table the resolution. He was in support of using the funds for infrastructure and of repairing the waterline that was leaking and also felt comfortable using it towards infrastructure in Walker Park. He had voted to support declaring the Housing Crisis but did not want that to repeatedly come back for a position for money . He wanted the City Council to let the Mayor convene the Housing Crisis Task Force and move forward. He would not be in support of the resolution. Council Member Berna echoed Council Member Wiederkehr ' s statement . He felt it unfair to take away the funds from the Parks , Natural Resources and Cultural Affairs Department unless there was a full clarification of what the funds would be earmarked towards. Council Member Jones briefly spoke of how Walker Park was in Ward 1 and that he was aware of the upkeep that was needed , however he was also aware of the Housing Crisis. He believed housing did the most good for the most people and did not believe the challenges of Walker Park should be compared to the Housing Crisis. He would be in support of the resolution and tabling it for further review so that everyone could make an informed decision if needed. Council Member Stafford agreed with Council Member Jones ' comments. He supported the improvements for Walker Park, however his current priority for Ward 1 was connectivity and housing. He questioned if staff had earmarked the funds for Walker Park or if the City Council had voted on that earmark. Paul Becker stated the City Council did not vote specifically . Council Member Stafford spoke of how the funds had been earmarked for Walker Park by staff and then went on to explain how the City Council was the legislative body and therefore made decisions on the priorities for the City. He then went on to explain how hi s priorities were ·for housing and maintaining the City 's workforce. He wanted the City Council to have the funds earmarked for the Housing Crisis Task Force so that if they made recommendations there would be the means to help in significant ways. Council Member Turk stated that since the amendments requested had already been made and public comment had been received , she would appreciate voting on the item tonight. Council Member Jones briefly spoke of Walker Park and how there were many unhoused individuals there. He stated the issue with Walker Park was not a crisis , however the City Council had voted on the Housing Crisis and believed they needed to focus their attention on that and treat it like an emergency and invest resources into making it better for the citizens. 113 West Mountain Fayetteville . AR 72701 (479 ) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes June 4 , 2024 Page 10 of 18 Council Member Stafford clarified that his proposed amendment regarding infrastructure improvements were not in the document attached to the Agenda, so he would like to still table the resolution. Council Member Moore moved to table the resolution to the July 18, 2024 City Council Meeting. Council Member Jones seconded the motion . Upon roll call the motion failed 3-5. Council Member Stafford, Jones and Moore voted yes. Council Member Bunch, Turk, Hertzberg, Wiederkehr and Berna voted no. Council Member Berna requested that Alison Jumper come forward to speak on the topic. Alison Jumper, Parks , Natural Resources and Cultural Affairs Director gave a brief presentation of how the million dollars in funding could help support Walker Park. She stated the city currently had construction documents for phase one under contract , which had been approved by the City Council in December, and staff were ready to move forward to add in the million dollars being discussed tonight. Council Member Turk questioned if there was another revenue stream to continue the renovation of Walker Park if the funds were taken away. Alison Jumper stated there was $2.4 million of bond money going towards phase one of construction, including the design , $500 ,000 that was approved by the City Council in CIP and then the million dollars being spoken of. She stated there were no other funds specifically slated for Walker Park. There was a brief discussion between Council Member Moore , Alison Jumper and Paul Becker regarding when it had been planned for the million dollars to go towards Walker Park and who had told the Department of Parks , Natural Resources and Cultural Affairs they could use the funds. Alison Jumper spoke of how the plan had been in development as early as 2022 and stated that the timeline Paul Becker had discussed was what had guided the work . Paul Becker stated that in December of 2022 , there had been talk regarding the City Council committing the funds to infrastructure. He explained how the City 's top two recommended projects were for water and sewer and Walker Park. Council Member Moore stated that during the appropriation discussion for the water project , she had asked what the amount of available remaining funds were of American Rescue Plan Act monies from revenue losses , and it had been identified that there was a remaining one million dollars. She questioned if Paul Becker had clarified at that discussion that those remaining funds had been earmarked for the Parks , Natural Resources and Cultural Affairs Department. Chief Financial Officer Paul Becker, Deputy Chief Financial Officer Steven Dotson and Chief of Staff Susan Norton all recalled that was what Paul Becker had stated. Council Member Berna requested that Alison Jumper give clarification regarding how the funds could be spent to improve safety aspects at Walker Park. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar.gov City Council Meeting Minutes June 4, 2024 Page 11 of 18 Alison Jumper stated there had been several staff meetings with the Police Department included around the design of Walker Park . She stated the improvements would include additional sightlines , visibility, extra lighting and things of that nature to create a safer environment. There was a brief discussion between Council Member Stafford and Alison Jumper regarding the timeline of the Walker Park improvements. Alison Jumper explained how the city was currently under contract, which had been approved in December for construction documents , which she hoped would be completed by the end of the year so that bids and construction could start on the project. She clarified that the construction documents she just mentioned had already been funded , however the additional work , construction and design of Walker Park was where the one million for funding would come forward as a request to the City Council. She stated that request for the funding would be coming to the City Council next Tuesday. Council Member Hertzberg moved to approve the resolution. Council Member Berna seconded the motion. Council Member Stafford commented that voting on a Housing Crisis was an acknowledgment and that acknowledging a problem and solving a problem were two different things. Council Member Moore believed everyone wanted the best outcome for the City and spoke of how there were many comprehensive plans in different areas of the City. She believed it was the City's responsibility to learn new information and make changes. She briefly spoke of the funds that were spent toward cleaning the City due to the unhoused population and that there were approximately 100 individuals listed as unhoused in the Washington County Detention Center. She believed the monies should be earmarked for the Housing Crisis Task Force and believed the investment would help the citizens in the City of Fayetteville. Council Member Stafford wanted to move forward with an amendment to the resolution , which stated , 'Section 1; for the purpose of implementing recommendations of the Housing Crisis Task Force regarding infrastructure improvements , and or assistance, where found appropriate.' Council Member Stafford moved to amend the resolution as stated above. Council Member Moore seconded the motion. Upon roll call the motion failed 4-4. Council Member Turk, Stafford, Jones and Moore voted yes. Council Member Bunch, Hertzberg, Wiederkehr and Berna voted no. Mayor Jordan declined to vote. Council Member Hertzberg moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution failed 3-5. Council Member Stafford, Jones and Moore voted yes. Council Member Bunch, Turk, Hertzberg, Wiederkehr and Berna voted no. This resolution failed. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov New Business: City Council Meeting Minutes J une 4 , 2024 Page 12 of 18 Rezoning-2024-0019: (1830 E. 13th St./Kellar, 565): An ordinance to rezone the property described in Rezoning Petition RZN 2024-19 for approximately 1.86 acres located at 1830 East 13th Street in Ward 1 from C-2 , Thoroughfare Commercial and 1-2, General Industrial to CS , Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible with existing land uses and also found the request to align with the city's comprehensive plan and long range planning tools. He stated the property was designated as a city neighborhood and spoke of how the Community Services zoning district would complement that designation . He stated staff found the property had a reasonable infill score and noted that the tree preservation on the property would drop to 15% with the request. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council unanimously with no discussion. He stated there had been no public comment received on the item and that Paul Keller was present as the applicant for the item . There was a brief discussion between Council Member Stafford and Jonathan Curth regarding how the rezoning would bring the existing use on the property into compliance. Jonathan Curth stated that was correct. Council Member Stafford stated he would be in support of the request. The City Council received 1 public comment regarding this ordinance. Council Member Stafford moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 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 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 6757 as Recorded in the office of the City Clerk Rezoning-2024-0011: (The Pines at Springwood PZD in Ward 2): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0011 for 0.37 acres located on North Pinehills Drive in the Springwoods PZD in Ward 2 from Planned Zoning District to RI-U , Residential Intermediate-Urban. 113 West Mounta in Fayetteville , AR 72701 (479 ) 575 -8323 www .fayetteville-ar.gov City Attorney Kit Williams read the ordinance. City Council Meeting Minutes June 4 , 2024 Page 13 of 18 Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the request would lower the tree preservation minimum on the property and went on to describe how the site had existing infrastructure such as water , sewer and stormwater. He stated there had been public comment expressed with concerns regarding the proximity of Wilson Springs Preserve to the property and of how changing any entitlements might impact that preserve. He stated staff recommended approval of the request and the Planning Commission forwarded the request with a vote of 7-1. The City Council received 1 public comment regarding this ordinance . Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Wiederkehr 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 6758 as Recorded in the office of the City Clerk Rezoning-2024-0011: (Springwoods PZD in Ward 2): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0011 for 23 .14 acres in the Springwoods PZD in Ward 2 from Planned Zoning District to UT , Urban Thoroughfare and CS , Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be consistent from a long range planning standpoint and then went on to explain how the tree preservation requirements would reduce to 15% and 20%. He noted there was a substantial amount of existing infrastructure adjacent to the properties and stated there had been quite a bit of public comment received on the item , with comments from the Northwest Arkansas Land Trust with concerns about the development being adjacent to the Wilson Springs Preserve and also concerns regarding the level of entitlement that was being proposed. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council by a vote of7-1. He stated the request had went to the May 20 , 2024 Environmental Action Committee Meeting , where the committee had forwarded an alternative recommendation to rezone the properties to Residential Agricultural , given their proximity to the Wil son Springs Preserve. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4 , 2024 Page 14 of 18 Council Member Stafford questioned if there were any Residential Agricultural zoning districts bordering the property in question. Jonathan Curth stated there were some Residential Agriculturally zoned properties to the northwest of the overall Springwood Planned Zoning District, as well as some along Truckers Drive. Council Member Turk briefly spoke of how staff had been working on an update to the Energy Action Plan, which expanded to include the Climate Action Plan. She explained how that work had included a technical document called Natural Infrastructure for Climate Resiliency , which the Environmental Action Committee had been reviewing for the last three months before approving it as a committee and it will come before the City Council in approximately six weeks for discussion. She briefly spoke of how the purpose of the document was to evaluate different land parcels based on ecological value, integrity and resiliency. She went on to explain how the Springwood area was close to Wilson Springs , which led the property to having a higher value on the document, which indicated the property had a score of nine, which led the property to be in the top 98 % of all the 40 ,000 properties that had been evaluated. She stated that overall , the property had a high ecological value to it. She then went on to describe the Park West property , which had prairie remnants present, and scored a seven on the document , which put the property at 96.5% of all the parcels. She clarified that the property scored high ecologically. She stated that the map was interactive , and anyone could use it to review different parcels in the area and that it was a tool that could be used for the City to utilize in the future when preserving properties and working with developers. She stated the Environmental Action Committee felt strongly about the City Council hearing this information and hoped it could help the City Council understand why they made the recommendation to consider zoning the properties as Residential Agricultural. There was a brief discussion between Council Member Moore and Council Member Turk regarding what had led the Environmental Action Committee to their recommendation of the property being rezoned to Residential Agricultural. Council Member Turk stated their discussion had centered around protecting Wilson Springs. Council Member Stafford briefly spoke of how he felt the request to rezone to Residential Agricultural could devalue the property and worried about legal repercussions in doing so. He understood the thought of Residential Agricultural preserving the land; however , he spoke of how the land could be developed agriculturally with farms , fertilizers , livestock and pesticides which could cause worse runoff for the area. Council Member Turk agreed that if grazing, phosphorus and nitrogen were applied to the land , it could cause algal blooms. She stated Residential Agricultural was selected due to the potential for less land use and less impervious surface . She stated there was currently no zoning on the land and that when the city annexes land , it 's brought in as Residential Agricultural as almost a steppingstone and applicants could later apply for a different zoning type . Council Member Stafford questioned if Council Member Turk was suggesting that the city purchase the land to protect it. Council Member Turk clarified that she was not sugge sting that. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes June 4 , 2024 Page 15 of 18 There was a brief discussion between Council Member Stafford and City Attorney Kit Williams regarding if the request to rezone the property to Residential Agricultural could put the city in harm's way . City Attorney Kit Williams stated that was hard to determine due to the situation being unique and gave a brief description of the history of the property. He was unsure of how the courts would decide on the matter. Council Member Stafford would prefer to leave the item on the First Reading due to its complexity. The City Council received 6 public comments regarding this ordinance. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding how the property would have to abide by the city's development standards. Council Member Wiederkehr commended the Environmental Action Committee for their work in creating the document and site evaluation tools . He spoke briefly of the property and of how the Residential Agricultural zoning could still allow ten homes to be built on the site . He spoke of how the property had been purchased with no zoning , no development rights and no plans had been drawn up or considered for development , which he believed had all been done at risk. He did not view the City of Fayetteville as having betrayed anyone or changing any rules , because the rules were changed when the Planned Zoning District had expired. He stated that because of the preexistence of infrastructure and the adjoining of predeveloped land , he would be supportive of the greater intensity zoning. Council Member Berna spoke of how the request seemed reasonable and acknowledged that the developer had shown a history of doing good developments and working within the city's guidelines. He believed the request should be approved. Council Member Bunch felt as though if a property zoning expired or disappeared , that property should go back to a zoning similar to what had been there previously. She had concerns with the Residential Agricultural zoning being perceived as taking someone 's rights away. She would love for the property to be part of a wetland prairie ; however , she did not believe the City Council was at the point that they could make that decision. She would be in favor of the ordinance. There was a brief discussion between Council Member Moore and Jonathan Curth regarding whether staff had considered different zonings for the request. Jonathan Curth stated staff felt Urban Thoroughfare was an appropriate zoning for the property given its existing land uses and previous entitlements. Council Member Moore then questioned if the property owner had come forward to rezone the property in the past. Jonathan Curth stated he was not familiar with any rezoning requests. Council Member Moore spoke of how there had been a lot of new information brought forward and that she did not believe Residential Agricultural zoning would be appropriate for the area. She also had concerns regarding the Urban Thoroughfare rezoning request due to climate change , the potential effects to Wilson Springs Preserve and the zoning districts intensity. She felt that the Community Services zoning district would be more appropriate for the area. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayetteville-ar.gov City Council Meeting Minutes June 4 , 2024 Page 16 of 18 Council Member Turk thanked everyone for their comments. She explained how the Environmental Action Committee had not known about the history of Wilson Springs, and she wished they had because she believed it would have been insightful for their recommendation. She then went on to speak of how the information she had brought forward from the Environmental Action Committee could be utilized as a tool for the City Council to evaluate properties. She appreciated the work that Mr. Nelms and others had done for the area and for the Buffalo River. 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 Moore requested the item be left on its current reading for further review. Council Member Hertzberg agreed. Council Member Stafford rescinded his motion. This ordinance was left on the Second Reading. Rezoning-2024-0011: (Park West PZD in Ward 2): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0011 for 39.41 acres in the Park West PZD on North Highway 112 in Ward 2 from Planned Zoning District to UT, Urban Thoroughfare and CS , Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the site in question was currently undeveloped and that it's expired zoning was a rough version of the city 's Thoroughfare Commercial zoning district. He stated staff was recommending a split zoning for the property , with Urban Thoroughfare along Highway 112 and Community Services for the other portion. He stated staff found the request complementary to the Future Land Use Map and noted the tree preservation requirements would reduce to 15% and 20%. He stated there had been public comment received with concerns that developing the property would have negative impacts on Wilson Springs Preserve. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council by unanimous vote , with the Spring Woods vote being divided by 7-1. He noted that the Environmental Action Committee comments pertained to this property as well. Council Member Turk spoke of how the Environmental Action Committee had reviewed the request and noted remnant prairie mounds on the property , which were quickly vanishing. She wanted to call that information to the City Council 's attention . There was a brief discussion between Council Member Moore and Jonathan Curth regarding the Urban Thoroughfare designation and how much of the zoning could encroach into the outline of where the floodplain was. Jonathan Curth spoke of the City 's development review process , which 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes June 4 , 2024 Page 17 of 18 was where hydric soils and wetland delineations would be identified . He spoke of how that could have a significant impact on how much encroachment could happen and if there needed to be any manner of offset to be done with the request. He then went on to describe how the City of Fayetteville had rigorous standards for properties to develop in floodplain areas. Council Member Moore questioned if the prairie mounds on the site would be impacted during the development process. Jonathan Curth stated the City of Fayetteville did not have development standards that spoke to prairie moun,ds. He went on to explain how they were often seen parallel with hydric soils and plants , which could lead to wetlands being identified and the area having certain standards . There was a brief discussion between Council Member Stafford and Jonathan Curth regarding if the City of Fayetteville had a map of remaining prairie mounds . Jonathan Curth explained how the City had a historic prairie layer within the natural features layer of the data the GIS Department held. Council Member Stafford spoke briefly of prairie mounds and of how he believed they had value in preserving. He would like to leave the item on the first or second reading for further review. There was a brief discussion between Council Member Turk and Jonathan Curth regarding the stream present on the southern area of the property. Council Member Turk questioned if that area had been considered to be zoned as Residential Agricultural. Jonathan Curth explained how staff had felt most comfortable with giving that area a wider entitlement to allow flexibility around the floodplain. The City Council received 2 public comments regarding this ordinance. This ordinance was left on the First Reading. Announcements: Susan Norton, Chief of Staff announced that the Gulley Park Concert Series would start next week, and the Cultural Arts Program would be doing free movies in Walker Park and Bryce Davis Park. Council Member Bunch announced that there would be a ribbon cutting at Gulley Park on Thursday at 4:30 PM. City Council Agenda Session Presentations: Sales Tax Report -Chief Financial Officer and Energy Report -Environmental Director. ARP A Discussion on Obligating Remaining Funds -Paul Becker and Steve Dotson. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Tour: None Adjournment: 8:44 p.m. City Council Meeting Minutes June 4 , 2024 Page 18 of 18 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov