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HomeMy WebLinkAbout2024-08-06 - Minutes -Council Member Rob ert B. Stafford Ward I Position 1 Coun ci l Member D' Andre Jones Ward I Position 2 Council Member Sarah Moore Ward 2 Po s ition 1 Co uncil Memb er Mike Wiederkehr Ward 2 Po sition 2 Mayor Lione ld Jordan City Atto rn ey Kit Willi ams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting August 6, 2024 City Council Meeting Minutes August 6 , 2024 Page I of21 Co un ci l Member Scott Berna Ward 3 Position 1 Cou nc il Member Sarah Bunch Ward 3 Position 2 Counci l Member Teresa T urk Ward 4 Position 1 Cou nc il Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on August 6, 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 that overall , revenues in the General Fund were down approximately 4.4% and that Parking revenue was down approximately 6%. He stated HMR taxes were down 2%, the Water and Sewer Fund was up approximately 1 % and Recycling and Trash Collection were down 1 % at this point in time. He stated flights were down at the airport and that the fuel sales taxes were flat compared to last year. He then went on to explain that all in all , the funds were down most of the year but were starting to level out at this point in time. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayettev,lle-ar gov Agenda Additions: None Consent: Approval of the July 16, 2024 City Council Meeting Minutes APPROVED City Council Meeting Minute s August 6, 2024 Pa ge 2 of21 2025 Employee Benefits Package (Request for Approval): A resolution to approve the 2025 Employee Benefits Package. Resolution 193-24 as recorded in the office of the City Clerk Spectrum Living Solutions, Inc. (Lease Agreement): A resolution to approve a lease agreement with Spectrum Living Solutions , Inc. D/B/ A SLS Community through December 31 , 2024 for the property located at 2190 South Razorback , with an automatic extension for four years throu gh December 31 , 2028 . Resolution 194-24 as recorded in the office of the City Clerk NBW Landscape Architects (Contract Amendment): A resolution to approve Change Order No. 13 to the contract with Nelson Byrd Woltz , LLC in the amount of $65 ,571.00 to pro vide architectural consulting services for the Upper Ramble , and to approve a budget adjustment -2019 Cultural Arts Corridor Bond Project. Resolution 195-24 as recorded in the office of the City Clerk Arkansas State Highway Commission (Easement Dedication): A resolution to convey 14 square feet of right-of-way to the Arkansas State Highway Commission for the I-49/Highway 62 Interchange Improvements Project. Resolution 196-24 as recorded in the office of the City Clerk Toter, LLC. (Purchase Agreement): A resolution to authorize the purchase of trash carts and related products and serv ices in the amount of $37 ,476.33 , pursuant to a Sourcewell Cooperative Purchasi ng Contract. Resolution 197-24 as recorded in the office of the City Clerk New Historical Marker (Request for Approval): A resolution to approve the installation of a historical marker in honor of Nelson Orr on the Fayetteville Square. Resolution 198-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville . AR 72701 (479 ) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes August 6 , 2024 Page 3 of21 Outdoor Recreation Grant Program (Application Authorization): A resolution to authorize an application to the Arkansas Department of Parks , Heritage and Tourism for an Outdoor Recreation matching Grant to fund improvements to Walker and Bryce Davis Community Parks. Resolution 199-24 as recorded in the office of the City Clerk Short-Term Rental Enforcement (Temporary Position Request): A resolution to approve a budget adjustment in the amount of $41 ,622.00 to fund a temporary short-term rental enforcement position. Resolution 200-24 as recorded in the office of the City Clerk Rush Truck Centers (Purchase Agreement): A resolution to approve the purchase of a 2023 International CV515 Utility Body from Rush Truck Centers in the amount of $107 ,897 .22 , pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 201-24 as recorded in the office of the City Clerk Superior Automotive Group (Purchase Agreement): A resolution to approve the purchase of a 2024 Ford Ranger from Superior Automotive Group in the amount of $41 ,643.24 , pursuant to Ordinance 6491 , and to approve a budget adjustment. Resolution 202-24 as recorded in the office of the City Clerk Garver, LLC. (Contract Amendment 2): A resolution to approve Amendment No . 2 to the contract with Garver, LLC . in the amount of $74 ,875.00 for design of the School/College Avenue Corridor Improvements , and to approve a budget adjustment -2022 Street Improvement Bond Project. Resolution 203-24 as recorded in the office of the City Clerk Tri-Star Contractors, LLC. (Service Contract): A resolution to authorize a contract with Tri Star Contractors , LLC. in the amount of $5 ,825 ,361.25 for the Sunbridge and College Drainage Project, to approve a project contingency in the amount of $550 ,000.00 , and to approve a budget adjustment 2019 Drainage Improvement Bond Project. Resolution 204-24 as recorded in the office of the City Clerk Benchmark Construction Company of NWA, Inc. (Change Order 1): A resolution to approve Change Order No. 1 to the contract with Benchmark Construction Company of NW A , Inc . in the amount of $246 ,287.88 for the North Street Corridor Improvements Project Phase 1, and to approve a budget adjustment -2022 Street Improvement Bond Project. Resolution 205-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meeting Minute s August 6 , 2024 Page 4 of21 Benchmark Construction Company of NWA, Inc. (Service Contract): A resolution to approve a contract with Benchmark Construction Company ofNWA, Inc. in the amount of$9,214 ,669.54 for the College A venue Improvements Project, to approve a project contingency in the amount of $921 ,467.00 , and to approve a budget adjustment-2022 Street Improvement Bond Project. Resolution 206-24 as recorded in the office of the City Clerk Washington County Hazard Mitigation Plan (Plan Adoption): A resolution to adopt the 2024 Washington County , Arkansas Hazard Mitigation Plan update for the City of Fayetteville , Arkansas. Resolution 207-24 as recorded in the office of the City Clerk Fayetteville Fire Department Administrative Policies (Policy Adoption): A resolution to approve updates to Fayetteville Fire Department Administrative Policies . Resolution 208-24 as recorded in the office of the City Clerk Fayetteville Fire Department Community Risk Assessment Standards of Cover (Adoption): A resolution to approve and adopt the Fayetteville Fire Department Community Risk Assessment Standards of Cover for 2024. Resolution 209-24 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Urban Forestry Management Plan (Approval): A resolution to approve and adopt the Urban Forestry Management Plan . At the February 6, 2024 City Council Meeting this resolution was left on the First Reading and tabled to the August 6, 2024 City Council Meeting. John Scott, Urban Forester requested that the resolution be tabled to the October 1, 2024 City Council Meeting . Council Member Stafford moved to table the resolution to the October 1, 2024 City Council Meeting. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the October 1, 2024 City Council meeting. 11 3 West Mountain Fayetteville . AR 72701 (4 79) 575-8 32 3 www fayetteville-ar .gov City Council Meeting Minutes August 6, 2024 Page 5 of21 Unified Development Code -Chapters 166.02, 167.04 (Amendment): An ordinance to amend § 166.02 Development Review Process and § 167.04 Tree Preservation and Protection of the Unified Development Code to modify development requirements associated with tree preservation requirements. At the July 16, 2024 City Council Meeting this ordinance 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. Jonathan Curth, Development Services Director gave a brief description of the ordinance and addressed the concerns he had received regarding the proposed code changes. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council recommending in favor. He noted there had been comments received from the public with concern that the proposed changes could be burdensome on certain types of developments. Council Member Stafford stated he had met with Jonathan Curth, John Scott and Melissa Evans and had had a great discussion regarding the proposal. He then went on to speak of how he had not received as many inquiries from citizens regarding previous code changes, but he had received those inquiries on this request. He requested the item be left on its second reading so he could follow up with those members of the public that had reached out to him and also bring forward and amendment to the item. There was a brief discussion between Council Member Turk , Council Member Stafford and Jonathan Curth regarding Accessory Dwelling Units (ADU 's). Council Member Stafford voiced concerns that when adding a sidewalk to an ADU , that could then push the project into a different category set. The City Council received 2 public comments regarding this ordinance. Council Member Wiederkehr questioned if staff would be able to approve mitigation for trees. Jonathan Curth answered yes and went on to explain how with tree preservation , projects could ultimately be eligible for escrow . Melissa Evans, Urban Forester clarified that preservation of the existing trees on a property would be the first approach , however, if a property owner could not meet preservation on their site , they could then go straight to escrow. Council Member Berna questioned if that had been specifically worded in the ordinance. Jonathan Curth stated that had not been written as a right in the ordinance and then went on to read that section of code. 113 West Mountain Fayetteville . AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes August 6 , 2024 Page 6 of21 There was a brief discussion between Council Member Moore and Jonathan Curth regarding an upcoming code change that would be discussed at a future City Council Meeting . Jonathan Curth clarified that the code change coming forward was meant to address unintended consequences of large scope projects being able to go straight through the building permit process, rather than getting a greater level of review from staff. He explained that the upcoming proposal would change the language of how imperviousness was determined. Council Member Moore appreciated the explanation and then questioned what the potential impact that change could have on upcoming projects and the workload on the foresters within the City . Jonathan Curth explained how the Urban Foresters were currently reviewing those projects and that it had not represented a workload concern from staff. Council Member Stafford thanked Jonathan Curth for the explanation and explained how it had given him some ideas on how to craft an amendment. He then spoke of how the possibility of doing mitigation seemed subjective as it was currently written . Jonathan Curth briefly spoke of how there was a tight framework and ordinance that dictated how an Urban Forester reviewed a project in terms of prioritization . Council Member Stafford stated he had thoughts on how to do a change were ADU's, garages , and add-ons had more of a direct route if they needed to go straight to escrow. He would prefer to leave the item on its second reading. Council Member Turk thanked Jonathan Curth for his work and stated she would be amenable to holding the item on its second reading , however, she was in support of what staff had proposed. Council Member Wiederkehr expressed his appreciation for staff and stated he had no issues with holding the item on its second reading as well. This ordinance was left on the Second Reading. Rezoning-2024-0026: (West of 2910 N. Old Wire Rd/Livingston Subdivision, 254): An ordinance to rezone the property described in Rezoning Petition RZN 2024-26 for approximately 1.87 acres located west of 2910 North Old Wire Road in Ward 3 from NC , Neighborhood Conservation to RSF-18 , Residential Single Family , Eighteen Units Per Acre. At th e July 16, 2024 City Council Me eting this ordinance was lefi on the First Reading. 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. Jonathan Curth, Development Services Director stated he had no new updates on the request and that Blake Jorgensen was present online as the applicant for the item. Blake Jorgensen, with Jorgensen+ Associates stated he was available for any questions. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayettev1lle -ar .gov City Council Meeting Minutes August 6, 2024 Page 7 of21 Robert Rhoads, Attorney with Hall Estill Attorneys at Law briefly spoke of the comments from the previous City Council Meeting regarding the property going through another rezoning request. He clarified that he was present to represent the new builders of the property , not the original builders that had asked for the previous rezoning request. He stated the applicant had retained him within the last week and requested that the City Council leave the item on its second reading so he could meet with the neighbors and prepare a Bill of Assurance. The City Council received 2 public comments regarding this ordinance. Council Member Berna believed the request to hold the item on its second reading was appropriate due to the applicant being a new owner and the attorney being freshly retained. He would like to give them an opportunity to meet with the neighbors to try to address their concerns and then went on to offer to sit in on those meetings . This ordinance was left on the Second Reading. Rezoning-2024-0028: (East of Harmon Field on S. Duncan Ave./Modus Studio, 522): An ordinance to rezone the property described in Rezoning Petition RZN 2024-28 for approximately 3.7 acres located east of Harmon Field on South Duncan 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 th e July I 6, 2024 City Council Mee t ing thi s ordinance was am ended to include a revised Bill of Assurance and 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. Jonathan Curth, Development Services Director gave a brief description of the ordinance, the site 's topography and of how the property was intended to be redeveloped for student housing . He then went on to explain details regarding the proposal , such as access and fire code requirements. He stated staff recommended approval of the request and the Planning Commission forwarded it to City Council by a vote of six to two. He noted the Bill of Assurance that had been offered by the applicant and stated Chris Baribeau was present to speak on the item. Chris Baribeau, Co-Founder and Principal Architect of Modus Studio gave a brief description of the potential development and how it was intended to be a student housing project. Council Mem her Stafford thanked the applicant and staff for the tour of the property. The City Council received 4 public comments regarding this ordinance. Council Member Moore stated that during public comment, someone had mentioned that notification had not been sent to the individuals in the rentals of the property being proposed to be rezoned. She requested confirmation that they had been notified . 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayetteville-ar gov City Council Meeting Minutes Augu st 6 , 2024 Page 8 of21 Jonathan Curth stated he had the certification of mailing currently with him as well as a list of those who had received it, he then went on to explain how signs had been posted on the property as a form of notification as well. He gave a brief description of the notification requirements listed within City Code. Council Member Turk thanked everyone for the tour that had taken place for the property. She briefly spoke of the homes currently built on the site and how they could potentially be eligible to be submitted on the National Register of Historic Places. She had concerns regarding the property's steep hillside, potential water runoff and the preservation of trees . She also spoke of how the rendition of what the applicant proposed to be built on the property seemed dormitory , which she felt would change the esthetic character and nature of Fayetteville. Council Member Stafford stated that when the City Council had done the tour of the property , he only remembered seeing the rezoning notification signs on the south and north side of the site. He questioned if signs were not posted on every proposed lot. Jonathan Curth clarified that per City Code , notification signs were not required to go in front of every parcel , only one sign was required and anything beyond that was staffs discretion. Council Member Stafford spoke of how he believed that could be confusing seeing a sign at the end of the street and not realizing it pertains to you. He then went on to speak of how mail could get thrown away if it stated it was for the tenant and could see how individuals would miss the notification. He stated that if the individuals could be notified and given time , he would not mind leaving the item on its current reading. He thanked the Harmon Apartment individuals for giving the tenants time and assistance with relocation. Council Member Wiederkehr appreciated the tour that had taken place on the property. He had concerns regarding tree preservation and the displacement of the current residents. He stated that if there was additional information regarding the guarantee of the residents having assistance from being displaced , he believed that would be meaningful to the City Council. Council Member Berna spoke of the notification process and how he believed that with the property manager talking with the tenants regarding their displacement options , that is was very likely all of the residents had been notified about the rezoning request. He then agreed with Council Member Wiederkehr on wanting something more concrete regarding displacement assistance. He questioned if there was a way the City Council could put a specific requirement on the tree preservation for the property. Jonathan Curth stated that was a development requirement and believed the City Attorney would advise the City Council that was not an appropriate conversation at this point in time. Council Member Hertzberg agreed with Council Member Berna and felt that the notification process was accurate , but she would be amenable to holding the item on its second reading , however she was ready to vote in favor of the request and felt it was appropriate and would give the City more housing for students. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 6, 2024 Page 9 of21 Council Member Stafford clarified that he felt the issue with the notification to residents was with the individual houses down the street towards the south. Council Member Moore questioned if the arrangements that had been made for the residents being displaced could be included in either a Bill of Assurance or within an agreement tied to the rezoning request. City Attorney Kit Williams clarified that the drawings from the applicant proposing what would be built on the property and their efforts in assisting the displaced residents was something the City Council could not rely on because it was not part of a Bill of Assurance and therefore was not enforceable . There was a brief discussion between Council Member Bunch and Jonathan Curth regarding the potential number of units that could be built on the property under its existing zoning. Jonathan Curth stated the property had an entitlement to approximately 148 units currently. He then went on to explain how the current tree preservation requirements for the property was at 20% but would drop to 10% if it were to be rezoned Main Street Center. This ordinance was left on the Second Reading. New Business: Chapter § 51.001 Water Shortages (Amendment): An ordinance to amend § 51.001 Water Shortages to clarify the power to issue prohibitions and moratoriums of certain types of water usage to prevent water shortages from imperiling public health and welfare and to pass an Emergency Clause. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director stated that rapid population growth had caused water shortages in the City and that the proposed ordinance would supply an enforcement action in the City Code. Council Member Berna stated he would be in support of the ordinance because he felt that the current residents of the City of Fayetteville couldn 't be put at risk of low water pressure. He stated he had received pushback from residents on the east side of town questioning how the City got to this point in lagging behind on infrastructure while building new bike trails. Tim Nyander gave a brief explanation of how water and sewer services in the City went through a Master Plan procedure , which had three phases, and that the unprecedented growth within Fayetteville and nearby cities had sped up the timeline of those phases massively. He then went on to explain how that unprecedented growth had outpaced the Master Plan and that coming to a solution to that problem could not be done immediately , it would take planning and oversight. Paul Becker, Chief Financial Officer gave a brief explanation of how the City put together funding plans and scheduled projects based on when a need was expected to occur within the City. He went 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meetin g Minute s August 6, 2024 Page 10 of21 on to explain how some of the projects within the City had accelerated faster than anticipated due to growth in Fayetteville and surrounding municipalities . He addressed the mention of the bike trails by stating that had been a bond issue that citizens had approved in 2019 , and at that point in time the City had not realized the current projects would accelerate the way they currently were. Council Member Bunch spoke of how she recognized growth was not just happening in Fayetteville , but in nearby cities too. She questioned how the City would gauge projects in the future based off of nearby municipalities when making plans for improvements . Tim Nyander spoke of how Fayetteville would continue to maintain the transmission lines going to other cities and that if the cities exceeded their maximum gallons per day , the City of Fayetteville had the capability of throttling down the water volume to those other municipalities. City Attorney Kit Williams spoke of how the City did not want to cut anyone off on water, but needed to make enforcement measurers available so that they could assure the citizens of Fayetteville the need for drinking water would be available and wouldn 't be used up by someone 's irrigation system. He stated the ordinance would give the Mayor and the Utilities Director the right and power to protect all of the City 's water customers. There was a brief discussion between Council Member Bunch and Tim Nyander regarding how the City of Fayetteville supplied nearby municipalities with water. Council Member Moore briefly spoke of how access to clean drinking water was important and stated it sounded as though the issue the City was experiencing possibly centered around housing development. She questioned what the City would be doing to mitigate these issues. Tim Nyander stated the City encouraged residents to conserve water. He then went on to explain how the City of Fayetteville continued to work toward preventing leaks in the City's water lines to ensure that water was being used in a proper way . He spoke of how irrigation was a big issue the City encountered during the dry summertime , which prevented water from being available to residents in the outl ying areas of town. There was a brief discu ssion between Council Member Moore and Tim Nyander regarding if the City had looked into potential regulations to cut back water usage when irrigation was used for a green lawn. Tim Nyander stated that in the ordinance , water usage in that way would be restricted during drou ght. City Attorney Kit Williams noted that the City of Fayetteville was located in a water rich area and that not all areas of the City was currently endangered , except for the two areas mentioned. Council Member Turk responded to Council Member Moore 's concerns by stating the City had a new Climate Action Plan that included water conservation efforts and the potential to hire an emplo yee to do water conservation education. She stated she would try to encourage the Sustainability staff to come up with some creative ideas for reducing water consumption. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes August 6, 2024 Page 11 of21 Paul Becker briefly spoke of the rate study the City had done and of how they had looked into ways of attempting to reduce water consumption. There was a brief discussion between Council Member Berna and Tim Nyander regarding the current infrastructure improvements the City was underway with. Council Member Moore and Tim Nyander then went into discussion regarding the contract for water services between the City of Fayetteville and the City of Elkins . Council Member Wiederkehr requested that in the future , staff notify the City Council whether a proposal was in a water impacted area so the City Council could take appropriate considerations regarding developments until the issue was resolved. The City Council received 3 public comments regarding this ordinance. 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. 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. Council Member Berna moved to approve an Emergency Clause. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Ordinance 6776 as Recorded in the office of the City Clerk Vacation-2024-0012: (East of 1202 E. Sain Street/Trails on the Creek Apartments, 174): An ordinance to approve VAC-24-12 for property located east of 1202 East Sain Street in Ward 3 to vacate a 0.94 acre portion of street right-of-way . City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council unanimously. He stated there had been no public comment received on the proposal and that Cody Sexton was present as the applicant for the item. Cody Sexton, Applicant with Blew and Associates briefly explained their reasoning for bringing the vacation forward and stated he was available for any questions . 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 6 , 2024 Page 12 of21 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 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. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6777 as Recorded in the office of the City Clerk Rezoning-2024-0031: (2400 N. Crossover Rd./Taylor, 294): An ordinance to rezone the property described in Rezoning Petition RZN 2024-31 for approximately I . 73 acres located at 2400 North Crossover Road in Ward 3 from R-A, Residential-Agricultural to NS-G, Neighborhood Services General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request compatible with the surrounding land uses , long range planning goals and with the City's Future Land Use Map designation of a residential neighborhood area. He spoke of the nonconformance issues on the site and of the public comment that had been received on the item , with some expressing concerns for increased traffic and walkability in the area. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council unanimously . He noted Mark Taylor was present as the applicant for the item. Mark Taylor, Applicant gave a brief description of the reasoning for wanting to rezone the site. There was a brief discussion between the City Council regarding public comment received on the item. Council Member Berna stated he had only received one comment on the item with concern for increased traffic. Jonathan Curth stated he had received two public comments: one in concern for increased traffic and the other concerning the lack of walkability in the area . Council Member Moore moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member 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. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www.fayettev1lle -argov City Attorney Kit Williams read the ordinance. City Council Meeting Minutes August 6 , 2024 Page 13 of21 There was a discussion between Council Member Berna and Jonathan Curth regarding traffic in the area and accessibility. Council Member Stafford then questioned if Neighborhood Services General zoning district would allow auto centric uses . Jonathan Curth answered no. Council Member Stafford questioned if Council Member Berna had any issues with the request since he lived in the neighborhood. Council Member Berna stated he had no issues with the request other than the access onto Township Street being concerning to him due to traffic. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6778 as Recorded in the office of the City Clerk Rezoning-2024-0032: (439 S. Church Ave./PBS Properties LLC, 523): An ordinance to rezone the property described in Rezoning Petition RZN 2024-32 for approximately 0.32 acres located at 439 South Church Avenue in Ward 1 from NC , Neighborhood Conservation to RI-U , Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance . He stated staff found the request to be compatible from a land use and long range planning standpoint. He then went on to explain how the request would reduce the tree canopy requirements down to 15% and that there had been a piece of public comment received in the form of an inquiry , with no statement for or against the proposal. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council unanimously . He noted Zach Hixson was available as the applicant for the item. Zach Hixson, PE with Site Wise Civil Engineering stated he was available for questions. The City Council received 1 public comment regarding this ordinance. Council Member Stafford stated he had not heard any comments on the request. He then questioned Jonathan Curth regarding a development that had been mentioned during public comment. Council Member Hertzberg 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. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes August 6 , 2024 Page 14 of21 Council Member Hertzberg 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 6779 as Recorded in the office of the City Clerk Rezoning-2024-0033: (1919 S. Ashwood Ave./Arnold, 598 599): An ordinance to rezone the property described in Rezoning Petition RZN 2024-33 for approximately 2.40 acres located at 1919 South Ashwood Avenue in Ward 1 from RSF-4 , Residential Single-Family, Four Units Per Acre to RI-12 , Residential Intermediate , 12 Units Per Acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and spoke of how staff had found the request to be compatible. He stated the request would reduce the tree canopy requirements on the property down to 20%. He then went on to explain how there had been a piece of public comment expressed at the Planning Commission meeting in opposition. He gave a brief description of the topography on the site. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council unanimously , with one commissioner recusing. He noted Will Kelstrom was present as the applicant for the item. Will Kellstrom, Attorney with Watkins , Boyer, Gray and Curry PLLC gave a brief description of the request and of the developments near the property. He spoke of the tour that had taken place on the property and how some members of the City Council had noted trees they would like to see saved. He stated he had spoken with the engineer on the project and made them aware of potentially saving said trees. Council Member Turk noted the nearby Residential Single Family zoning district neighborhoods and questioned if Residential Single Family -Eight Units Per Acre had been discussed for the site. Jonathan Curth explained how the request had initially come forward as Residential Single Family -24 Units Per Acre , which staff had not supported , and so the request then came forward as Residential Single Family -12 Units Per Acre. Council Member Stafford thanked Jonathan Curth and the applicant for the tour. He felt the request would be a good fit for the area and would be in support. Council Member Wiederkehr felt comfortable with the request as well. There was a brief discussion between Council Member Moore and Jonathan Curth regarding why staff had not been in support of the original higher density request. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayetteville -ar .gov City Council Meeting Minutes August 6 , 2024 Page 15 of21 Council Member Moore felt the request was a great compromise and would be in support. Council Member Stafford requested Jonathan Curth display a map of the area and then went on to highlight the multifamily portions of the neighborhood. He believed the request would fit and integrate well with what currently existed nearby. 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 believed the request was a good compromise and felt that the original request would not have been a good fit for the area. Council Member Turk felt that the request would be too dense for the area and would not be supportive . Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Jones, Moore, Wiederkehr, Berna, Bunch, Hertzberg and Stafford voted yes. Council Member Turk voted no. Ordinance 6780 as Recorded in the office of the City Clerk Rezoning-2024-0034: (1731, 1815, & 1837 W. 18th St./Arnold, 598): An ordinance to rezone the property described in Rezoning Petition RZN 2024-34 for approximately 9.10 acres located at 1731 , 1815 , & 1837 West 18th Street in Ward I from RSF-4 , Residential Single-Family, Four Units Per Acre to RI-12, Residential Intermediate , 12 Units Per Acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use standpoint and noted the tree preservation requirements would drop to 20%. He noted the portions of floodplain in the area and stated staff felt the property could be developed in a manner that was sensitive to those areas . He spoke of the public comment that had been received on the item , with some opposition that voiced concerns around the potential conflict of the character of the neighborhood. He stated there had been one public comment voiced in favor of the request that noted the need for additional housing. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council unanimously , with one recusal. He stated Will Kellstrom was present as the applicant for the item . I 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayetteville-ar .gov City Council Meeting Minutes August 6 , 2024 Page 16 of21 Will Kellstrom, Attorney with Watkins , Boyer, Gray and Curry PLLC stated he was available for questions. There was a brief discussion between Council Member Turk and Jonathan Curth regarding the map that had been displayed of the property and how the map showed a recommendation of eight units per acre. 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 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 stated he had visited with several of his neighbors regarding the request and that while they would have preferred the property be rezoned Residential Agricultural , they had been okay with the current request. He spoke of how the streets near the property were very narrow and noted there were currently no sidewalks. He then briefly spoke of the area 's history and how there were many senior citizens living in the area. He went on to say how appreciative he was for the City Council's thoughtfulness . Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Jones, Moore, Wiederkehr, Berna, Bunch, Hertzberg and Stafford voted yes. Council Member Turk voted no. Ordinance 6781 as Recorded in the office of the City Clerk Rezoning-2024-0035: (1831 & 1835 W. Mitchell St./ NWARECO LLC, 520): An ordinance to rezone the property described in Rezoning Petition RZN 2024-35 for approximately 0.22 acres located at 1831 & 1835 West Mitchell Street in Ward 1 from RSF-8 , Residential Single-Family , 8 Units Per Acre to RMF-24 , Residential Multi-Family , Twenty-Four Units Per Acre. 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 compatible and had not identified any issues with the proposal. He noted there had not been any public comment on the item and that staff recommended approval and the Planning Commission forwarded it to the City Council unanimously. He stated Larry McCredy was present as the applicant for the item. Larry McCredy, Partner with RMP Law Firm requested that the City Council approve the rezoning request and stated he was available for any questions. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayettev1lle -ar gov City Council Meeting Minutes August 6 , 2024 Page 17 of2I Council Member Hertzberg questioned why the property had been downzoned to Residential Single Family -Eight Units Per Acre. Jonathan Curth stated he did not have a clear answer for that reasoning , but understood it was due to the property owner having plans that had never came to fruition for the property. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 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 6782 as Recorded in the office of the City Clerk Appeal: Rezoning-2024-0029: (3179 N. Old Wire Rd./Pleasant Haven Subdivision, 216): An ordinance to rezone the property described in Rezoning Petition RZN 2024-29 for approximately 13.65 acres located at 3179 North Old Wire Road in Ward 3 from R-A , Residential-Agricultural to RSF-8 , Residential Single-Family , Eight Units Per Acre . 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 compatible from a land use standpoint but had mixed findings when reviewing it from a long range planning standpoint. He noted the tree preservation standard on the property would reduce to 20% and then spoke of how the property was largely pasture. He then went on to give a description of the traffic accidents in the area and the public comments that had been received on the request. He then explained how the project would fall just short of warranting a traffic signal being needed in the area and explained how the developer would be required to improve their street frontage. He stated there had been communication with the Utility Department, which confirmed that the development would be expected to connect to Glory Drive . He stated staff recommended approval of the request and the Planning Commission had denied the proposal by a vote of five to one. He stated the property had a low infill score and that there had been significant concerns regarding the infrastructure in the area. He noted Will Kellstrom was present as the applicant for the item. Nina Luther, Property Owner gave a brief description of her history with the area and reasoning for selling the property. She felt confident the developer would build quality homes on the site . 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayettev1lle-ar .gov City Council Meeting Minutes August 6 , 2024 Page 18 of21 Will Kellstrom stated he had submitted a Bill of Assurance for the item that would restrict the development to no more than 43 units , which would be approximately 3 units per acre being built. He then went on to describe the proposal and how they had come to the conclusion of requesting the property be rezoned to the current request. He noted Caroline Gardner was present to speak on the concerns regarding water and sewer capacity at the site. Caroline Gardner, Project Engineer with Crafton Tull briefly spoke of her discussion with the City regarding sewer capacity issues and stated an engineering firm had submitted plans to do the upgrade required , which the City had approved. She stated they were now waiting for the Health Department to review and approve those submitted plans. Will Kellstrom clarified that if they were unable to address the water and sewer capacity issues , then the project would not be built. He then went on to give a brief description of the development. There was a brief discussion between Council Member Turk and Caroline Gardner regarding if the applicant anticipated asking the City for a cost share for the sewer upgrades. Caroline Gardner stated the engineering firm that had done the plans for the upgrade had a statement regarding that information , and that there would be a follow up conversation with City staff regarding the options for cost sharing . She clarified that the study that had been done for the sewer upgrades quoted it to be approximately a quarter of a million dollars . There was a brief discussion regarding the Bill of Assurance and how the applicant would need to supply that to the City Clerk Treasurer and the City Council would then have to amend the ordinance to say subject to the Bill of Assurance. There was a brief discussion between Council Member Stafford and Will Kellstrom regarding the width of the streets and the development. Council Member Moore appreciated Council Member Turk asking for clarification regarding the cost share. She briefly spoke of how the property being at the edge of town would stretch the City 's capabilities of doing infrastructure over time. She was struggling to be supportive of the item. Will Kellstrom clarified that if they could not adequately upgrade the sewer or provide utilities , then the development would not be built. He noted there was the potential for a cost share to be involved however he did not believe the project was far enough along to determine that just yet. There was a brief discussion between Council Member Berna and Jonathan Curth regarding what the developer would be responsible for improving infrastructure wise if the project were approved. Council Member Berna stated he was concerned with the 90 degree sharp turns in the road and noted the amount of traffic that came from nearby developments. He stated he had received a lot of concerns regarding the proposal. Council Member Hertzberg stated she saw the proposal as a huge expense to the City and did not see it as an asset only as a liability. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar gov City Council Meeting Minutes August 6, 2024 Page 19 of21 There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the connections the development would have to make to nearby streets. Council Member Wiederkehr and Jonathan Curth went on to clarify the term cost share and how that worked within the City of Fayetteville. Council Member Berna spoke of the complaints regarding traffic he had heard from neighbors in the area and how it had been requested there be a traffic light put in . Council Member Bunch stated she had received the same complaints. The City Council received 14 public comments regarding this ordinance. Council Member Stafford thanked everyone for coming to the meeting and v01cmg their concerns. He was glad to be able to understand the situation better after hearing some of the public comments expressed. He did not see the City Council moving forward with the proposal tonight and that what he had heard had shifted his view of the request. Council Mem her Wiederkehr appreciated everyone coming to the meeting and speaking. He did not believe it benefited the City as a community if the developer had to spend two million dollars on infrastructure and the City had to spend ten million dollars on the same infrastructure if the City was not able to get sufficient return for an adequate number of new homes to be built. He stated it would take some serious infrastructure work in this portion of town to make the project viable and he did not believe this area was the most logical place to make that kind of serious investment at the moment. Council Mem her Bunch noted there was a school going into the area , which would cause new developments to be built nearby . She stated her two main concerns with the proposal were in regard to traffic and the existing Old Wire Road needing improvements . She also had concerns regarding the sewer connection upgrade and the City having to invest into something that should be paying for itself with the amount of homes being developed . Council Member Moore brought forward a member of the public that had spoken during public comment to clarify if the petitions they had brought forward were from residents of Fayetteville. Council Member Moore then had a brief discussion with Jonathan Curth regarding the infrastructure issues in the area. Council Member Moore expressed concerns with the development and the school being built in this area on the edge of town. She believed there would be additional conversations going forward as to how the area would be developed in the future. She had concerns regarding the infrastructure and would not be in support of the request. Council Member Hertzberg stated she did not feel as though the item was appropriate to hold on it 's current reading and noted the amount of public comment that had been in opposition to the request. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8 323 www .fayettev1lle-ar .gov City Council Meeting Minutes August 6 , 2024 Pa ge 20 of21 Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Council Member Berna stated the property owners seemed like nice people and understood that they wanted to sell their property , however , he believed the City needed to look at the pros and cons of how the development would affect everyone. He would not be in support of the request due to his concerns regarding infrastructure. There was a brief discussion between Council Member Turk and Jonathan Curth regarding the staff report listing sanitary sewer available in the area and did not list any concerns regarding a pinch point. She hoped that could be clarified in the future and stated she would not be in support of the request due to infrastructure concerns. Council Member Hertzberg 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 stated he would be in opposition to the request and thanked everyone again for coming to the meeting and bringing forward their concerns. Council Member Berna 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. Council Member Jones thanked everyone for coming to the meeting and voicing their concerns. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed unanimously. This ordinance failed. Announcements: None City Council Agenda Session Presentations: Sales Tax Report -Chief Financial Officer and Energy Report -Environmental Director Parks Natural Resources and Cultural Affairs Advisory Board Annual Report -Will Dockery 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www.fayettev1lle -ar gov City Council Tour: City Council Meeting Minutes August 6 , 2024 Page 21 of21 August 5th, 2024 City Council Tours 4:00 PM -Modus Studio Rezoning RZN-2024-0028 65 S. Duncan Avenue August 5th, 2024 City Council Tours 4:45 PM -Arnold Rezoning RZN 2024-0034 1731, 1815 & 1837 West 18th Street. Adjournment: 10:30 p.m. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www fayettev1lle-ar gov