HomeMy WebLinkAbout2024-06-18 - Minutes -Council Member Rob ert B. Stafford
Ward I Position 1
Co un c il Member D ' Andre Jones
Ward 1 Po s ition 2
Co un c il Member Sarah Moore
Ward 2 Position 1
Co un c il Membe r Mike Wi ederkeh r
Ward 2 Position 2
Mayor Lione ld Jordan
C ity Attorney Kit Williams
City Clerk T reasurer Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
June 18, 2024
City Council Meeting Minutes
June 18 , 2024
Page I of 16
Counci l Member Scott Berna
Ward 3 Position I
Coun c il Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa T urk
Ward 4 Position I
Coun c il Member Holly Hertzberg
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on June 18, 2024 at 5:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Council Members Robert B. Stafford, D' Andre Jones, Sarah Moore, Mike
Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld
Jordan, 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:
Nominating Committee Report -Committee Chair
Council Member Wiederkehr read the Nominating Committee Report and recommended that
the City Council approve the appointments as read .
Council Member Bunch moved to accept the Nominating Committee Report as read. Council
Member Turk seconded the motion. Upon roll call the motion passed unanimously.
APPROVED
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Agenda Additions: None
Consent:
City Council Meeting Minutes
June 18 , 2024
Page 2 of 16
There was a brief discussion between Mayor Jordan and Council Member Stafford about pulling
agenda item A. 4 from the Consent Agenda. The agenda item was pulled and discussed separately.
Approval of the June 4, 2024 City Council Meeting Minutes
APPROVED
Epic Glass Recycling (Service Agreement): A resolution to approve an agreement with Epic
Glass Recycling for the hauling and disposal of solid waste and recyclables in the City of
Fayetteville .
Resolution 162-24 as recorded in the office of the City Clerk
Waste Management of Arkansas (Contract Amendment): A resolution to approve an
amendment to the contract with Waste Management in the amount of $25 ,000.00 for the cost
increase of solid waste transfer and disposal contract services.
Resolution 163-24 as recorded in the office of the City Clerk
TSW, Inc. (Contract Amendment #1): A resolution to approve Amendment No. 1 to the contract
with TSW, Inc. in an amount not to exceed $101 ,500 .00 for additional design and construction
documents for Walker Community Park , and to approve a budget adjustment.
This item was pulled from the Consent Agenda.
APAC-Central, Inc. (Change Order #1): A resolution to approve Change Order No. 1 to the
contract with APAC-Central, Inc. in the amount of $371,992.50 for the construction of the 15th
and Razorback Road Intersection Improvements Project, and to approve a budget adjustment.
Resolution 164-24 as recorded in the office of the City Clerk
NASPO Valuepoint (Purchasing Contract): A resolution to approve the purchase of tires , tubes ,
and services from approved manufacturers on an as needed basis pursuant to a National
Association of State Procurement Officials Valuepoint Cooperative Purchasing Agreement ,
through June 30 , 2027 and any future renewal periods.
Resolution 165-24 as recorded in the office of the City Clerk
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June 18 , 2024
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Illinois River Watershed Partnership (Landowner Agreement): A resolution to approve a
Landowner Agreement with the Illinois River Watershed Partnership for natural stream restoration
of an unnamed tributary of Flynn Creek within Rocky Branch Park.
Resolution 166-24 as recorded in the office of the City Clerk
Council Member Moore moved to accept the Consent Agenda as read. Council Member
Stafford seconded the motion. Upon roll call the motion passed unanimously.
TSW, Inc. (Contract Amendment #1): A resolution to approve Amendment No. 1 to the contract
with TSW, Inc. in an amount not to exceed $101,500.00 for additional design and construction
documents for Walker Community Park, and to approve a budget adjustment.
This item was pulled from the Consent Agenda.
Council Member Stafford stated he pulled the item from the Consent Agenda so he could vote
against the request, as he did not consider the details of the proposal as infrastructure and believed
there were others needs the funding would be more appropriate for.
The City Council received 6 public comments regarding this resolution .
Council Member Stafford appreciated the comments and stated he supported all city parks. He
spoke of how the Parks Departments was one of the best funded city departments and had bonds
that they could work with . He stated the funding needed to go back to priorities and believed there
were many projects the city could be doing with funds that were more appropriate.
Council Member Moore expressed her concern that the City may need to dip into reserves to
cover the city's required expenses. She went on to identify that the city received $17 million from
the American Rescue Plan Act. She also explained how the community could have benefited from
utilizing these funds in different ways. She finalized her comments by explaining that she
supported the design expenses in the amount of $101 ,500 but did not see the need to go ahead and
move the total $1 million into the General Fund.
City Attorney Kit Williams, "Yes, we don't have a budget adjustment for that, it's for the other
amount , but I think the city council can move to amend the resolution to only have a budget
adjustment in the amount of$101,500. That would take an amendment to this resolution, we don't
have that budget adjustment, but you could. In your resolution , request that budget adjustment for
that amount. That is within your power as council members."
Council Member Moore moved to amend the budget adjustment to change the amount to
$101,500. Council Member Jones seconded the motion. Upon roll call the motion failed 3-5.
Council Member Stafford, Jones and Moore voted yes. Council Member Turk, Hertzberg,
Wiederkehr, Berna and Bunch voted no.
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Council Member Jones echoed Council Member Moore and Stafford 's comments and voiced his
support for the city to explore using other revenue sources to cover the expense . He finalized his
comments by explaining his support of improvements for Walker Park and wanted the
improvements to come from a different revenue source than the one being proposed.
Council Member Berna voiced his support of the item in the proposed form.
Council Member Berna moved to approve the resolution. Council Member Stafford
seconded the motion. Upon roll call the resolution passed 5-3. Council Member Turk,
Hertzberg, Wiederkehr, Berna and Bunch voted yes. Council Member Stafford, Jones and
Moore voted no.
Resolution 167-24 as recorded in the office of the City Clerk
Unfinished Business:
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. At the May 21 , 2024 City Council Meeting this
item was leji on the Fir s t Reading. At the June 4, 2024 City Council Meeting this item was leji on
the First Reading and tabled to the June I 8, 2024 City Council Meeting.
Council Member Berna 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.
Jessica Masters, Development Review Manager presented the item and gave a description of the
ordinance. She explained that the applicant provided a bill of assurance that excluded automotive
uses , liquor stores , and small-scale production . She verified that the Planning Commission and
staff recommend approval since the request was consistent with several goals identified in the
City 's 2040 Plan . She listed prioritization of infill , discouraging suburban sprawl and growing a
livable transportation network by bringing high density housing close to transit lines were the
reasons of the recommendation of approval.
Will Kellstrom, Subtext Acquisitions-Applicant Representative expressed his appreciation of the
City Council in providing the organization he represents an additional two weeks to prepare. He
went on to describe the development in detail. He listed street trees , sidewalk , amenities located
within the center, pedestrian plaza, and retail spaces as highlights of the development. He finalized
his comments by explaining the organization is being extremely flexible with the current tenants
of the property.
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Mitchell Korte, Executive Vice President, Development of Subtext Acquisitions , LLC gave a
detailed description of the request and development planned. He identified that the development
needed to happen near the University of Arkansas to ensure there is enough housing for students.
He also spoke about parking for the development , height of the structure , distance to the University
of Arkansas , and pedestrian activity.
Council Member Turk questioned the number of units the development would gain by rezoning
to RMF-40 , Residential Multi-Family 40 units per acre.
Mitchell Korte explained that no additional units would be added since no units would be placed
on level six or seven .
Council Member Turk, "But if you didn't have those two extra floors, I assume you'd have to use
those for parking if you only went up to five stories . So , I guess that's the question here ."
Mitchell Korte, "just to keep the parking ratio where it is , we would have to probably increase
the size of the garage to get it back down to five stories and then the other thing we could
potentially do is drop it lower below grade , we're already going one level below grade with parking
just to make sure that we're meeting that parking ratio. I don't even want to guess the number of
units we're going to lose. I can have our guys calculate it really quick. I mean , if we had to have
that limit at five stories , you're going to have to drop the parking down , we're either gonna have to
take it below grade and try to maintain the number of units we have or make the garage bigger,
and we'll end up losing beds."
The City Council received 4 public comments regarding this ordinance.
Council Member Moore, "I had some questions from what was brought up that I have possibly
for staff and the applicant. Regarding the existing tenants , and there was talk about providing
maybe some additional contracts outside of like the bill of assurance and outside of this zoning , I
don't know that this , you know, this is maybe something new that's being undertaken. Would we
need to consider possibly looking at the bill of assurance , and tying what's happening for those
existing tenants into the bill of assurance to ensure that that follows through the entire project?"
City Attorney Kit Williams clarified that the City Council could not ask for a bill of assurance ,
only an applicant can voluntarily offer one. The city attorney stated the city council could not
dictate to the applicant what they would like to see in a bill of assurance .
Council Member Moore questioned applicant to understand the current contract in place for the
residents who already live on the property .
Will Kellstrom, "The concerns from the tenants that live in the units on Duncan were that they
were on month-to-month leases , the landlord had all of them on a lease where they will be able to
terminate with 30 days ' notice and the concern was that they would be removed and only have 30
days to find somewhere to live. What we have done is we have worked with the seller to execute
lease addendums , which are signed , that state that in the event that this project follows through ,
the developer must give them six months of notice before terminating their lease. So instead of 3 0
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days , they now have six months. It also gives them the flexibility to get out of their lease on 30
days ' notice. So that doesn't necessarily get straight at the issue of them possibly being forced to
leave early, but we just threw it in there as a nice gesture. There's also some money for relocation
assistance and refund a security deposit and prorated rent if they , for example, give 30 days ' notice
and then move out in 15 days. Just really flexibility. At Summit Terrace all of those leases are on ,
they terminate in May of 2025. So , all the current residents that are there would not, they
effectivel y have 12 months ' notice to find a new place. And you were asking about how you can ,
for lack of better words , be sure that we're actually going to do this , we have those signed
addendums with us tonight. So those are there . It's already done. There is one resident we 're still
working with , so that 's it. I believe it's seven out of eight."
Council Member Moore questioned which tenants would be eligible to receive the relocation
funds .
Mitchell Korte, "I can't say yes , because we haven't had that discussion. But I think we've shown
that we're more than willing to get together with everyone and have a discussion and try to be
proactive about this and help everyone through the situation. We understand it's a unique one. So ,
I don't know how to get you comfortable , other than what we've done in the past. It hopefully
shows you what we're going to do going forward and we'd be happy to have those conversations."
Council Member Stafford thanked the applicant for working with the existing residents and
believed that offering those residents flexibility was a great gesture. He expressed his support of
the project since the project offered public space , retail space and amenities within the
neighborhood .
Council Member Moore thanked the applicant for their collaboration efforts with the current
residents . She explained her concern of removing affordable housing and displacing individuals.
She finalized her comments by identifying the thoughtfulness of the applicant and the efforts that
have been taken to assist the current residents and stated she would be in support of the item.
Council Member Turk echoed the comments previously made of appreciation to the applicant.
She explained that there was too much density , and she would not be in support of the item.
Council Member Berna spoke and listed the specific details he was looking at. He stated the
current owner cannot maintain the property , and the property's proximity to the University of
Arkansas. He voiced his support of the item .
Council Member Bunch echoed the comments made by Council Member Berna and voiced her
support of the item.
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.
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Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Council Member Hertzberg, Stafford, Jones, Moore, Wiederkehr, Berna and Bunch voted
yes. Council Member Turk voted no.
Ordinance 6759 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. At the
June 4, 2024 city council meeting this item was left on the second reading.
Council Member Bunch moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jessica Masters Development Review Manager gave a description of the staff-initiated request to
rezone several expired PZD, Planned Zoning Districts. She also explained that the Planning
Commission recommended approval of the item.
Council Member Berna spoke to clarify a comment made during the presentation regarding
public comment.
Jessica Masters explained that the Northwest Arkansas Land Trust verified that they were not
objecting to the approval of the item.
Council Member Turk explained that the parcels were in the top 5% to have a high ecological
value. She explained this reasoning is what lead the EAC , Environmental Action Committee , to
their recommendation.
The City Council received 1 public comment regarding this ordinance .
Council Member Moore expressed her appreciation of Council Member Turk and the work of
the EAC. She went on to talk about the use of tools for preservation, conservation , and possibilities
when it came to rezoning.
Council Member Moore moved to amend section one of the ordinance from PZD, Planned
Zoning District to CS, Community Services. Council Member Moore later withdrew her
motion.
City Attorney Kit Williams provided additional details regarding the property and explained that
development rights had not been extinguished. He encouraged the City Council to support the
recommendation made by city staff and the Planning Commission. He finalized his comments by
cautioning the City Council on down zoning, since it could change the property 's value.
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There was a brief discussion between City Attorney Kit Williams and Council Member Moore.
City Attorney Kit Williams provided an explanation on how differently zoning is handled now
versus how it was handled in the past as well as takings claims. Based upon his research , if the
council approved a bill of assurance for the property causing a change of the rights of the owner,
the action could expose the city to millions of dollars in takings claims.
Council Member Stafford , Berna, and Turk voiced their support for approval.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Council Member Turk, Hertzberg, Stafford, Jones, Moore, Wiederkehr, Berna and Bunch
voted yes. Council Member Moore voted no.
Ordinance 6760 as Recorded in the office of the City Clerk
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. At th e June 4, 2024 city council meeting this item was left on the first
reading.
Council Member Bunch 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.
Jessica Masters Development Review Manager gave a description of the staff-initiated request to
rezone several expired PZD , Planned Zoning Districts. She explained that staff and the Planning
Commission recommended approval of the item due to its compatibility with the existing zoning
in the area.
There was a brief discussion between City Attorney Kit Williams and Council Member Stafford.
City Attorney Kit Williams explained the reason why the owner had the ability to develop the
property under the current zoning code. As he was speaking Jessica Masters spoke and verified
that the owner of the property did agree to the two separate zones presented . City Attorney Kit
Williams explained that it was very important that the City Council understand that the owner still
had development rights pursuant to the previously approved PZD, however, the development plan
had expired.
Council Member Bunch asked if the area was a part of the main stream and if the stream side
protection ordinance applied to the area.
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Chris Brown Public Works Director and Jessica Masters verified that the stream side protection
ordinance applied to a small part in the southeast comer of the site.
Council Member Turk expressed her concerns due to the high score on the climate resiliency
tool. She finalized her comments by asking the item to be held.
Council Member Turk 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.
City Attorney Kit Williams and Council Member Turk had a brief discussion to clarify that voting
no on the item would be considered voting no to staffs recommendation.
Council Member Berna moved to suspend the rules and table the item until the July 16, 2024
City Council meeting. Council Member Stafford seconded the motion. Upon roll call the
motion passed unanimously.
New Business:
ARP A Childcare Assistance Program (Additional Funding): A resolution to commit the
remaining ARP A funds to the Childcare Assistance Program and to approve a budget adjustment.
Steven Dotson Deputy Chief Financial Officer explained that the remaining ARPA funds must be
formally committed by December 31, 2024. He went on to explain that the $2 million dollars that
was previously set aside for childcare assistance helped 212 children from 150 families. He
provided information regarding the 2020 Rental Assistance Program. He expressed concern about
the actual amount ofrent that the city could assist with if the city participated in a rental assistance
program due to the increase cost ofrent since 2020.
Steven Dotson and Council Member Moore discussed the committed ARP A funds and the accrued
interest on the funds. Steven explained that he would still bring forward budget adjustments to the
City Council for future accrued interest on the funds. Steven verified that if the item was approved
and funds were allocated to the Childcare Assistance Program the program would be carried out
as it was previously.
Council Member Moore expressed her concern for individuals that needed rental assistance.
Council Member Berna, Jones and Stafford expressed their support of formally committing the
ARP A funds for the Childcare Assistance Program.
The City Council received 2 public comments regarding this ordinance .
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Council Member Jones asked if any of the families voiced appreciation of receiving childcare
assistance from the city.
Mayor Lioneld Jordan spoke and explained that the city had been contacted by a lot of people
that expressed their appreciation.
Council Member Jones expressed his appreciation of the citizens of Fayetteville for believing in
the work the City Council has engaged in.
Council l\:fember Jones moved to pass the resolution. Council Member Berna seconded the
motion. Upon roll call the motion passed unanimously.
Resolution 168-24 as Recorded in the office of the City Clerk
Vacation-2024-0010: (3334 N. Mana Ct./Half Moon Oral Surgery, 212): An ordinance to
approve VAC-24-10 for property located at 3334 North Mana Court in Ward 3 to vacate a 0.03-
acre portion of general utility easement.
City Attorney Kit Williams read the ordinance.
Jessica Masters Development Review Manager explained the proposal of the applicant. She went
on to explain that the applicant will need to relocate existing sewer main and manholes. She
finalized her comments by giving a brief history of the property and by saying staff recommended
approval of the item.
Noah Gills , Representative of Applicant explained ESI had worked with city staff to meet all
requirements .
Council Member Stafford moved to suspend the rules and go to the second reading. Council
Member Berna seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Stafford moved to suspend the rules and go to the third and final reading.
Council Member 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 6761 as Recorded in the office of the City Clerk
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Rezoning-2024-0021: (3390 W. Martin Luther King Jr Blvd/Cathcart Rentals LLC, 557): An
ordinance to rezone the property described in Rezoning Petition RZN 2024-21 for approximately
1.54 acres located at 3390 West Martin Luther King Jr. Boulevard in Ward 1 from R-O ,
Residential-Office, C-2, Thoroughfare Commercial, and RSF-4 , Residential Single-Family, Four
Units Per Acre to UT , Urban Thoroughfare .
City Attorney Kit Williams read the ordinance.
Jessica Masters Development Review Manager gave a description of the request. She explained
city staff and the Planning Commission recommended approval of the item. She highlighted the
fact that the property was designated by the future land use map to have a mix of residential, non-
residential uses and had an infill score of eight.
Robert Rhoades , Representative of Applicant explained that the applicant initially requested the
property to be zoned as C2 but came to an agreement with city staff to rezone to UT , Urban
Thoroughfare.
Council Member Turk asked if the property owners planned on asking for a variance in the
future.
Robert Rhoades explained the property owners were taking steps toward ensuring the property
could be used for commercial uses.
Council Member Stafford moved to suspend the rules and go to the second reading. Council
Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Stafford moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6762 as Recorded in the office of the City Clerk
Rezoning-2024-0022: (951 N. Double Springs Rd/R&D Property Holdings LLC, 435): An
ordinance to rezone the property described in Rezoning Petition RZN 2024-22 for approximately
0.56 acres located at 951 North Double Springs Road in Ward 4 from R-A , Residential Agricultural
to NS-G, Neighborhood Services-General.
City Attorney Kit Williams read the ordinance.
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Jessica Masters Development Review Manager spoke about the property being located close to
mixed use zones and neighborhoods. She explained that if the item was approved , the preservation
requirements would be reduced from 25% to 20%. She finalized her comments by explaining the
Planning Commission and city staff recommended approval of the item.
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Berna seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Mem her Moore moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6763 as Recorded in the office of the City Clerk
Rezoning-2024-0023: (1000 S. Futrall Dr./Adrois Hospitality LLC, 559): An ordinance to
rezone the property described in Rezoning Petition RZN 2024-23 for approximately 1.75 acres
located at 1000 South Futrall Drive in Ward 1 from C-2, Thoroughfare Commercial to CS ,
Community Services.
City Attorney Kit Williams read the ordinance.
Jessica Masters Development Review Manager gave a description of the request. She explained
the property received an infill score of 9 , the CS , Community Services zoning code would
discourage sprawl and help grow a livable transportation network by allowing mixed use that is
compatible with the surrounding land uses. Jessica also explained that the Planning Commission
and city staff recommend approval of the item.
Brandon Scallion, Applicant spoke and explained that if the rezoning was approved a
development would be completed that was aimed at individuals with fixed income.
Council Member Moore and Brandon Scallion discussed the amount of units that would be
developed.
Council Member Berna 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.
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Council Member Berna moved 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.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6764 as Recorded in the office of the City Clerk
Appeal: Conditional Use Permit-2024-0017: (10 S. Palmer Ave/Beykirch, 521): A resolution
to grant the appeal of Council Members Sarah Bunch , Sarah Moore , and Mike Wiederkehr and
deny Conditional Use Permit CUP 2024-017 for a group home facility for graduate students and
additional supportive services through the International Student Christian Association.
Jessica Masters Development Review Manager presented the history of the property . She
explained the appeal before the City Council was for a conditional use permit to create a home
facility for graduate students . She further explained that the conditional use permit would create
housing for up to 6 full-time residents , staff and the Planning Commission found the request
compatible. She finalized her comments by explaining the Planning Commission had added
conditions of approval of the following: a maximum of four vehicles parked outside the property
at any given time , no on street parking , and trash receptacles screened when not in use. She said
that staff found the request to meet the long-term goals of creating attainable housing and diversity
of housing choice.
Tom Pears Conditional Use Permit Appellant explained that 60 signatures had been collected in
the neighborhood to show that the neighborhood did not support the conditional use permit. Mr.
Pears explained that the neighborhood resident had no issues with the organization that would be
utilizing the property but instead had issue with the fact that the neighborhood was currently zoned
RSF-4 , Residential Single-Family , four units per acre and by allowing the conditional use permit
to be approved it would cause a major impact on scale for visual and traffic since the conditional
use permit would allow up to six tenants. Mr. Pears highlighted the fact that should the tenants not
follow the rules then the neighborhood felt like they had no recourse since the rules would be
tenant enforced.
Seth Mimms, Potential future property owner presented a video that talked about ISCA ' s
requirements for the students living on the property . He also spoke about the proximity of the
property to the University of Arkansas.
Clark Lassie ISCA member spoke via a video that was recorded at a previous time. He explained
that he and his family were deeply involved with ISCA and explained the requirements of the
graduate students that would be living in the home.
The City Council received 19 public comments regarding this ordinance.
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Council Member Bunch asked what could be built under the existing zoning code .
Jessica Masters provided a description of the uses allowed under RSF -4 , Residential Single
Family , four units per acre. Jessica also explained what uses would be allowed if the conditional
use permit was approved with the conditions that the Planning Commission and staff made.
Council Member Bunch ultimately concluded that the property would be used as a dormitory
which allowed six unrelated persons living together.
Council Member Moore and Mayor Lioneld Jordan made remarks to the confusing nature of who
the applicant was that appealed. It was further discussed that Mr. Mimms had not purchased the
property yet but was the potential future owner. This led into an additional discussion on the
question of if a property sells does the conditional use permit stay with the property or is the
conditional use permit tied to the owner and does not transfer. Stephen Baker, via zoom , spoke on
why he was the one who requested the initial conditional use permit.
Jessica Masters explained that conditional use permits do not always transfer to another entity if
the property is sold. She further explained that there are conditions attached to conditional use
permits and the conditions are where it would be identified if it transferred or not upon the sale of
the property.
Council Member Turk asked for Seth Mimms to disclose his relationship with ISCA.
Seth Mimms explained that he was not a board member and was there representing himself as .the
future property owner as well as the authorized agent.
Due to additional questions presented by Council Member Turk , Jessica Masters explained that
staff determined the conditional use permit as creating a group home with supportive wraparound
services that falls under the category of dormitories.
City Attorney Kit Williams stated , "This is a conditional use that allows that , so it does not affect
our current limitation for RSF-4. Because this is a conditional use , allowing more than that , just
like it was a short-term rental , they would be allowed two per bedroom plus two more so you could
get 10 people or 12 people in this house . So , when one neighbor said I didn't mind a short-term
rental , because he could only be three . No , there could be 10. The regular rental limitation for long
term normal rental remains at three unrelated " persons.
Council Member Turk voiced her concern regarding the property and the conditional use permit.
She explained there were too many unknowns.
Council Member Wiederkehr explained his observation of the discussion was that the neighbors
were not concerned about the graduate students but were concerned about the future gatherings on
the property.
Council Member Berna and Jessica Masters discussed if a probationary conditional use permit
could be issued and then after a certain amount of time had passed , the applicant would come back
for re-approval.
113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar.gov
City Council Meeting Minutes
June 18 , 2024
Page 15 of 16
Council Member Berna verbalized his lack of support for the conditional use permit.
Council Member Jones asked if the sale of the property was contingent upon the conditional use
permit being approved.
Seth Mimms explained that he had purchased properties on Duncan for a future housing project.
He listed the proximity to bus stops; the University of Arkansas and the surrounding services were
the reasons why he wanted to purchase the property .
Council Member Jones explained that he was not comfortable supporting the conditional use
permit because he felt there were still too many unanswered questions.
Council Member Stafford gave Seth Mimms a few moments to provide any information that had
not previously been shared.
Seth Mimms requested for the item to be tabled to allow more time to be completely transparent.
Council Member Stafford expressed his support for housing but voiced his concern that a
firetruck would not be able to gain access to the area should the path be blocked due to on street
parking issues.
City Attorney Kit Williams explained what voting yes would mean the Council Member would
be in support of the appeal made by Tom Pears and by voting no would mean the Council Member
would be supporting the decision made by the Planning Commission that approved the conditional
use permit.
Council Member Moore and City Attorney Kit Williams discussed if a time restriction could be
placed upon the conditional use permit that would serve as a probationary period. City Attorney
Kit Williams opinioned that it would be best to table the item if the council wanted to attach a
probationary time period to the conditional use permit.
Council Member Bunch moved to grant the appeal made by the neighborhood. Council
Member Turk seconded the motion. Upon roll call the motion passed 7-1. Council Member
Turk, Hertzberg, Stafford, Jones, Wiederkehr, Berna, and Bunch voted yes. Council
Member Moore voted no.
Resolution 169-24 as Recorded in the office of the City Clerk
Announcements:
Susan Norton, Chief of Staff announced that city offices would be closed to celebrate Juneteenth.
She also explained that the recycling and trash services would run as usual.
113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar.gov
City Council Agenda Session Presentations:
City Council Meeting Minutes
June 18 , 2024
Page 16 of 16
Sales Tax Report -Chief Financial Officer and Energy Report -Environmental Director.
City Council Tour: None
Adjournment: 10:19 p.m.
113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov