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HomeMy WebLinkAbout2025-02-04 - Minutes -Council Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting February 4, 2025 City Council Meeting Minutes February 4, 2025 Page 1 of 19 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Min. Monique Jones Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 4, 2025 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Rawn called the meeting to order. PRESENT: Council Members Robert B. Stafford, Doctor D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Minister Monique Jones, Mayor Molly Rawn, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Interim Chief of Staff Keith Macedo, 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 in total, the City was down approximately $2.4 million in revenue for the year. He then went on to state the Street Fund was down approximately 2%, parking fees were down roughly 7%, HMR fees were up 1%, Water and Sewer fees were flat, Recycling and Trash Collection was up around 1 %, Airport flights were up 2.4% and gasoline sales were up approximately 2.2%. He would be available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 2 of 19 Agenda Additions: None Consent: Approval of the January 21, 2025 City Council Meeting Minutes APPROVED Ozark Natural Science Center (Lease Agreement): A resolution to approve one-year lease and operations agreements with the Ozark Natural Science Center to operate in the Lake Fayetteville Environmental Study Center with automatic renewals for four additional years. Resolution 43-25 as recorded in the office of the City Clerk Grant Writing & Drainage Design Services (Service Contract): A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ 25-01, in the amount of $70,900.00 to perform a drainage analysis of the Hamestring Creek Watershed, and to authorize the development and submission of applications for state and federal grants to address flooding. Resolution 44-25 as recorded in the office of the City Clerk Forvis Mazars, LLP. (Service Contract): A resolution to approve the third one year contract with Forvis, LLP. for auditing services for the 2024 Audit in an amount not to exceed $165,000.00, with an option to renew for up to two additional one year terms. Resolution 45-25 as recorded in the office of the City Clerk 2025 Adopted Budget (Re -Appropriation Request): A resolution to amend the 2025 adopted budget by re -appropriating $218,930,000.00 in bonded or ongoing capital projects, outstanding obligations and grant funded items. Resolution 46-25 as recorded in the office of the City Clerk Quality Collision & Bruckner's Truck and Equipment (Service Contracts): A resolution to award RFP 24-13 and authorize one year contracts with Roy Lovell dba Quality Collision of Fayetteville and Bruckner's Truck and Equipment of Lowell for collision repair services, with automatic renewals for four additional one year terms. Resolution 47-25 as recorded in the office of the City Clerk Nixon Power, Inc. (Service Contract): A resolution to authorize a generator maintenance contract with Nixon Power Inc. in the annual amount of $47,952.00, plus the cost of non-scheduled service calls within the approved budget, through November 22, 2026 and any future renewal periods, pursuant to a Sourcewell Cooperative Purchasing Contract. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 3 of 19 Resolution 48-25 as recorded in the office of the City Clerk National Auto Fleet Group (Purchase Agreement): A resolution to approve the purchase of a Mack Roll Off Truck from National Auto Fleet Group in the amount of $251,400.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 49-25 as recorded in the office of the City Clerk LPS Material Handling (Purchase Agreement): A resolution to approve the purchase of a Hyundai Forklift from LPS Material Handling in the amount of $50,052.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 50-25 as recorded in the office of the City Clerk Premier Trailer Sales, LLC. (Purchase Agreement): A resolution to approve the purchase of a Tandem Axle Trailer from Premier Trailer Sales, LLC. in the amount of $15,840.00, plus any applicable freight charges and taxes up to 10% of the original purchase price, and to approve a budget adjustment. Resolution 51-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Public Hearing: Sidecar Cocktail Lounge (Private Club Application): An ordinance to approve the application of Corey McCain, on behalf of Epizudix Inc., for a permit to operate Sidecar Cocktail Lounge as a private club in the City of Fayetteville at 1150 North College Avenue, Suite #100. City Attorney Kit Williams read the ordinance. Police Chief Mike Reynolds gave a brief description of the ordinance. He stated the applicant worked at an existing establishment within Fayetteville and that staff had a great relationship with them and expected that to continue. There was a brief discussion between Council Member Moore and Corey McCain, the applicant, regarding what policies and procedures were in place for safe drinking at the establishment. Corey McCain went on to explain how they had several experienced staff members and numerous security cameras. He then spoke of the potential to take training with the City of Fayetteville or the Police Department. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 4 of 19 Council Member Dr. Jones questioned if they would be selling food and then asked where the establishment would be located. Corey McCain stated they would not be selling food, but that there would be small bags of snacks available. He then stated they would be located in the basement of where Cafe Rue Orleans was. Mayor Rawn opened the public hearing for public comment. No one came forward to speak. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Dr. Jones 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 Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6835 as Recorded in the office of the City Clerk Unfinished Business: None New Business: Administrative-2024-0048: (South of 2861 N. Raven Ln./Raven Lane Extension, 285): A resolution to amend the Master Street Plan by removing a 0.20-mile section of a planned residential link street, extending from Raven Lane to just south of Clabber Creek. Jonathan Curth, Development Services Director gave a brief description of the resolution and of the City's Master Street Plan. He then went into detail around the factors that had been considered with the request in regard to floodplain, bridge costs and connectivity. He stated staff recommended in favor of the amendment to remove the street connection from the Master Street Plan and the Planning Commission forwarded the request to the City Council recommending approval by a vote of six to three. He noted the item had also been heard by the Transportation Committee where it had been forwarded to the City Council as well. Robert Rhoads, Attorney with Hall Estill Attorneys at Law stated he was representing Craig and Laura Underwood, as well as the Northwest Arkansas Land Trust. He then went on to explain the reasoning for why the City should take the portion of Raven Lane off of the City's Master Street Plan. He continued on to describe the environmentally sensitive area and protected species which 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 5 of 19 resided there. He stated the removal of the street was support not only by staff, but by the Planning Commission and the Transportation Committee as well. He would be available for questions. There was a brief discussion between Council Member Turk and Jonathan Curth regarding what portions of the property were owned by the Northwest Arkansas Land Trust. Jonathan Curth displayed an image to the City Council and explained which portions of property were owned by Craig and Laura Underwood and the Northwest Arkansas Land Trust. Council Member Moore questioned what the estimate was for the number of units that could potentially be built in the area. Jonathan Curth stated the area outside of the Northwest Arkansas Land Trust was 33 acres and it was zoned Residential Single Family, Four Units Per Acre, which could allow approximately 120 to 140 units. Council Member Moore questioned what the name of the neighborhood to the south was. Jonathan Curth stated that neighborhood was known as Crystal Springs. Council Member Moore referenced the Crystal Springs neighborhood and questioned if the only way that neighborhood could access Clabber Creek Trail or Holcomb Elementary was through Mount Comfort Road and Salem Road. Jonathan Curth stated that was correct, and would be the quickest route to reach Holcomb Elementary. Council Member Moore questioned if it would then be correct for the Master Street Plan to stay in place with the roadway, which would allow that neighborhood to have ability to drive north and access Holcomb Elementary. Jonathan Curth spoke of how that was not assured. He then went on to explain how if the intervening property were to be developed, staff would have more authority to require some public street connection to be acknowledged and the potential for the bridge to be built. He continued on to describe traffic studies and how the amount the City could request from a developer had to be commiserate to the amount of traffic they would be sending in a certain direction. He then went into the cost of the bridge connection. Council Member Moore spoke of the City's goals towards increasing density, creating connectivity and walkability. She questioned if the City planned anything outside of the street connection that could be used by pedestrians on bike or foot to access the trail. Jonathan Curth stated that he did not believe there was anything else that could assure that kind of connectivity from the subdivision to Clabber Breek if the street connection was removed from the Master Street Plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 6 of 19 The City Council received 2 public comments regarding this resolution. There was then a brief discussion between Council Member Min. Jones and Jonathan Curth regarding the potential for flooding in the area. Council Member Moore spoke of how the area was sensitive and questioned what considerations had been made to create non -automobile transportation such as a bike pedestrian route. Jonathan Curth stated that if the Underwood property were to be developed, there could be the potential for public streets and connectivity. He then went on to explain how the potential alternative to amending the Master Street Plan to remove the street connection would be a two step process and that the Active Transportation Plan would need to be amended to add a trail connection. He was unsure of how that could procedurally be done at this time. Council Member Moore questioned whether removing the street connection from the Master Street Plan and adding alternative transportation connection through the area could be achieved tonight, or if that would have to be brought forward in the future. City Attorney Kit Williams stated that it should probably not be amended tonight, due to different committees needing to be consulted before the plans were amended. Council Member Moore requested clarification that removing the street connection from the Master Street Plan would still allow the City Council the ability to create the connection with Active Transportation. City Attorney Kit Williams stated that streets had a stronger power for the cities than trails did. He could not guarantee that a trail, or even a master trail plan, would mean that the property owner would be required to dedicate or build said trail. Council Member Berna stated that in considering the location of the request and the cost of building the bridge that would be required for the connection, he would make a motion to approve the request to remove it from the Master Street Plan. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 6-2. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Wiederkehr and Berna voted yes. Council Member Bunch and Moore voted no. Resolution 52-25 as recorded in the office of the City Clerk Rezoning-2024-0059: (2015 E Huntsville Rd./ Sexton, LLC, 565): An ordinance to rezone the property described in Rezoning Petition RZN 2024-59 for approximately 0.54 acres located at 2015 East Huntsville Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre to CS, Community Services. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 7 of 19 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He went on to explain how staff found the request to be consistent with the area and complimentary of the City's future land use map designation of city neighborhood area. He stated the area had an infill score of six. He went on to speak of how the request would reduce the tree preservation requirements on the property from 25% to 20%. He stated staff recommended approval of the request and the Planning Commission forwarded it unanimously to the City Council, and that there had been no public comment received on the item. He noted Will Kellstrom was present as the applicant for the request. Catelyn Gibbs, Associate with Watkins Boyer Gray & Curry PLLC stated Will Kellstrom was not currently available to answer questions, but that he was on his way to the meeting. Council Member Turk questioned if the applicant would need to have a variance from the City's current access code if they chose to build on the property. Jonathan Curth stated that under the current zoning probably not, he then referenced the current driveway on the property and stated staff had not done a full review of what moving that driveway might look like. Council Member Turk questioned if a variance would be needed if the property were rezoned and homes were developed on it. Jonathan Curth stated almost certainly. He then briefly spoke of the City's access management ordinance and standards. Brooke Fulcher, Property Owner stated they had bought the property a few months ago. She then went on to speak of how they wanted to make better use of the land and build additional housing. The City Council received 2 public comments regarding this ordinance. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Dr. 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 Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6836 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 February 4, 2025 Page 8 of 19 Rezoning-2024-0060: (818 S. Wood Ave.Belasco, 563): An ordinance to rezone the property described in Rezoning Petition RZN 2024-60 for approximately 0.37 acres located at 818 South Wood 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 standpoint and complimentary. He then went on to explain how the property was an appropriate infill location. He stated the tree preservation requirements on the property would reduce from 20% to 15%. He then went on to state that after reviewing the request, the City's engineers had identified that there was a sewer capacity issue downstream, but that the size of the property had not merited a significant amount of concern and therefore staff felt comfortable evaluating it at the time of development. He stated there had been public comment received on the request, with some expressing concerns. He stated staff recommended approval and the Planning Commission forwarded it to the City Council unanimously. He noted Catelyn Gibbs was present as the applicant for the request. Catelyn Gibbs, Associate with Watkins Boyer Gray & Curry PLLC stated she did not have much to say on the matter due to staffs and the Planning Commissions recommendations of approval. She would be available for questions. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk requested that the City Council not go to a final vote on the item tonight due to concerns from the neighbors regarding the request. She mentioned the possibility of a tour taking place or of the City Council members looking at the property and considering it further. She felt the neighborhood was very single family oriented and had concerns with the tree canopy requirements being reduced. Council Member Stafford stated he was very familiar with the area and that there was actually a lot of multifamily housing there already. He would be in support of the request and recognized that the City was in a housing crisis still. Council Member Dr. Jones asked how long Council Member Turk wanted the item to be held. Council Member Turk answered just until the next City Council meeting. 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 failed 3-5. Council Member Bunch, Stafford and Moore voted yes. Council Member Turk, Min. Jones, Dr. Jones, Wiederkehr and Berna voted no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 9 of 19 This ordinance was left on the second reading. Rezoning-2024-0061: (114 W. 5th St./ Morris, 565): An ordinance to rezone the property described in Rezoning Petition RZN 2024-61 for approximately 0.20 acres located at 114 West 5th Street 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 and consistent with the City's long range planning goals. He noted the tree preservation requirements on the property would drop from 20% to 15% and that there was a sewer capacity concern, but given the size of the property, that concern was limited and staff felt it could be addressed during the development process. He stated there had been a statement in favor of the item and that staff recommended approval of the request and the Planning Commission forwarded it to City Council unanimously. He noted Sean Morris was the applicant for the item. Sean Morris, Applicant gave a brief explanation for their reasoning on requesting the property be rezoned. He hoped that if the request were approved, they would be able to do a lot split, which would allow them to build further on their property. Council Member Min. Jones referenced the sewer issues that had been brought up earlier. She questioned if that would be addressed during development. Sean Morris stated they were open to addressing those issues when developing the property. The City Council received 1 public comment regarding this ordinance. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Min. 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 Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6837 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 February 4, 2025 Page 10 of 19 Rezoning-2024-0062: (2691 E. Huntsville Rd./ NWA Property Holdings, LLC, 566): An ordinance to rezone the property described in Rezoning Petition RZN 2024-62 for approximately 0.90 acres located at 2691 East Huntsville Road in Ward 1 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 to be compatible with surrounding land uses and an appropriate zoning designation for the property. He then went on to describe how staff s finding were mixed when reviewing the request from a long range plan standpoint. He noted the request would reduce the tree preservation requirements from 25% to 20% and that developing the property would open discussion further on what accessing Huntsville Road would ultimately look like. He stated staff recommended approval 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 topic and that Ben Dykes was present as the applicant online. There was then a brief discussion between Council Member Min. Jones and Jonathan Curth regarding the infill attributes of the property and how staff evaluated those. Jonathan Curth went on to clarify that the request was in alignment with the City's Future Land Use Map. Council Member Turk had reviewed the staff report and noticed a future plan listed to take out a large curve and realign a portion of Dead Horse Mountain Road. She requested clarification on that. Jonathan Curth stated that it had been included in the City's Master Street Plan but had not been placed within any of the City's capital or transportation plans at the moment. There was then a brief discussion between Council Member Dr. Jones and Jonathan Curth regarding what the Planning Commission had supported the request by. Jonathan Curth clarified they had supported the request by a unanimous vote of seven to zero. Ben Dykes, Applicant stated they were trying to get the rezoning done so they could use the property as a business. The City Council received 1 public comment regarding this ordinance. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Dr. 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 Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 11 of 19 City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6838 as Recorded in the office of the City Clerk Rezoning-2024-0063: (245 S. Happy Hollow Rd./Crist, 526): An ordinance to rezone the property described in Rezoning Petition RZN 2024-63 for approximately 2.47 acres located at 245 South Happy Hollow Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre 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 to be compatible with the surrounding area and consistent from a land use planning standpoint. He noted that the existing tree canopy requirement on the request would reduce from 25% to 20% and went on to speak of how some portions of the property were in the Hillside Hilltop Overlay District. He stated there was sewer within close proximity of the property but accessing it would require an extension of about 100 feet. He stated there had been public comment received on the request, with concerns regarding the environment and development on the slope and the potential for causing issues with the topography and tree canopy removal. He stated there had also been comments with concerns regarding traffic speed. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council by a vote of seven to one. He noted Dylan Bentley was present as the applicant. Council Member Min. Jones questioned if there were any issues with the natural water runoff on the property with its slope. Jonathan Curth stated the City had received videos in the area that residents had sent showing the large amounts of water during heavy rainfalls that the area experienced, but that the City did not have any documentation of any property damage. There was a brief discussion between Council Member Min. Jones and Jonathan Curth regarding whether this area was the access point to the Links Apartments. Jonathan Curth clarified it was the Cliffs Apartments. Dillon Bentley, Applicant with Hope Consulting stated they were seeking to rezone the property to reduce its lot frontage. He went on to explain how he had talked with the property owner, and they were looking at preserving as much tree canopy as possible on the west side of the property. Council Member Turk questioned if there had been any consideration in having a different zoning type for the steep grade on the property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 12 of 19 Dillon Bentley stated that would cause them to split zone one piece of property and then went on to explain how they felt the request achieved what they needed on the property. Council Member Turk requested clarification from Jonathan Curth regarding if the property could be split zoned or if the Unified Development Code prohibited that. Jonathan Curth stated it was not prohibited and then spoke of the difficulties around split zoning the property. Council Member Min. Jones questioned if the property owner understood the responsibility of the need for sewer extensions. Dillon Bentley answered yes and stated they were in their preliminary layout and feasibility study phase regarding the sewer main extension. Council Member Stafford asked what the zoning was for the neighborhood in Paddock Loop. Jonathan Curth stated that it was a mixed zoned subdivision, with some being zoned Neighborhood Conservation and others zoned Residential Single Family, Eight Units Per Acre. Council Member Stafford requested that a map be displayed of the area. Jonathan Curth displayed the map and stated it had also been included in the City Council's agenda packet. Council Member Turk stated she was very concerned with the request due to it being an upzone within a Hillside Hilltop Overlay District and having a steep slope. She went on to speak of her additional concerns regarding losing tree canopy coverage and water runoff and felt it would make more sense to split zone the property. She would not be in support. There was a brief discussion between Council Member Bunch and Jonathan Curth regarding what could potentially be developed on the property with the request. They then discussed tandem lots, and Jonathan Curth went on to explain how that was not something the City Council would review, it would be a by right allowance for any conforming lot to put a tandem lot behind it so long as they met certain requirements. Council Member Wiederkehr stated he could envision the applicant avoiding the Hillside Hilltop Overlay District due to its slope, soil conditions and preserving the trees. He then went on to explain how he believed the request was rational and reasonable and would be in support. Council Member Stafford agreed with Council Member Wiederkehr and questioned if the Acacia Crossing development to the north had similar slopes. Jonathan Curth stated he was not familiar with those offhand. Council Member Stafford stated he was familiar with the area and that the slope was similar. He believed the difficulty to build on the slope would be what kept the request from being too big of a development and he would be in support. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 13 of 19 Council Member Dr. Jones stated he did not believe he had heard any concerns from the neighbors and would be supportive. Council Member Dr. Jones 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 Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Bunch, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Turk voted no. Ordinance 6839 as Recorded in the office of the City Clerk Appeal: Large Scale Development-2024-0029:(Southwest of W. Treadwell St. and S. Hill Ave.Nerve, 522): A resolution to grant the appeal of Subtext Acquisitions, LLC and approve Large Scale Development LSD-2024-0029 located at 191 South Hill Avenue in Ward 2. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated that the project was proposing to acknowledge the City's Master Street Plan by incorporating wider sidewalks, on street parking, street trees, green spaces and ground floor dwelling units for a majority of the site. He then went into a brief description of the building being proposed and the project details. He stated that while evaluating the request, staff found two portions of ordinance that the project was not complying with relating to the City's street standards and pedestrian circulation standards and gave a brief explanation of the variances. He stated staff was recommending that an existing eight inch water line in Duncan Avenue be upgraded to a 12 inch water line as part of the project. He stated that at the Planning Commission meeting, the developer had an interest in contributing an asset for it, rather than performing the work. He stated that after the item had failed at the Planning Commission by a vote of four to four, the applicant appealed the item to the City Council and proposed their payment in lieu of construction to $200,000. He stated staff recommended acceptance of the proposal, and that the resolution did not preclude City staff from working with the developer further to potentially pursue a cost share for the project to build the water line. He noted Will Kellstrom was present as the applicant. Will Kellstrom, Attorney with Watkins Boyer Gray & Curry PLLC gave a brief description of the request and the items history. He stated that they had met with City staff and figured out the $200,000 that they were now offering based off their contractors' estimate and other impact fees, and he believed staff was happy with the fee in lieu as well. He stated he was under the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 14 of 19 understanding that the Planning Commission was not opposed to the project, that it was just denied on the issue regarding the amount. He noted Mitch Cordy was present to speak on the item as well. Mitch Cordy stated he appreciated the help that staff had put into the project and that it had been great to work together. He went on to explain how they had put the new proposal together based on feedback they had received. He stated they wanted to be a good community developer and wanted to help promote future development in the area. There was then a brief discussion between Council Member Moore and Chris Baribeau, Principal Architect with Modus Studio, regarding access points around the development. Chris Baribeau went on to explain how there would be access points on all sides of the development. He briefly explained how the tenants would have access to the patio and green spaces, but that the landscape and everything would be managed by the property. Council Member Wiederkehr and Jonathan Curth briefly spoke of the factors the City Council could consider when reviewing the request. Jonathan Curth went on to explain how the City Council was now sitting as the Planning Commission. He stated that staff s recommendation was that, with the exception of the two variances outlined, the project met the City's standards. Council Member Wiederkehr questioned if the water line was going to be a cost share and if the development was not paying the full cost anticipated for installing the new line. Jonathan Curth stated the developer was not proposing to install the water line, they were proposing to pay a payment in lieu of $200,000. He went on to clarify how staff and the applicant could still discuss what a cost share might look like so that the work could be done prior to the street working being done. There was then a brief discussion between Council Member Turk and Jonathan Curth regarding cost shares. The City Council received 4 public comments regarding this resolution. Council Member Min. Jones requested that a picture be displayed to show parking in the area. Mayor Rawn requested that City Attorney Kit Williams remind the City Council of what they were considering and voting on. City Attorney Kit Williams stated the request was a build by right, and apart from the two variances being requested, the developer had checked basically all of the boxes they needed to check and had complied with the City's minimum requirements. He stated that so long as the developer had complied with the City Code, the City must basically approve the request. He then went on to speak of how the Supreme Court had stated that the City could only make the developer pay for their reasonable impact of their development upon the City's infrastructure. He believed the pipeline would be good for the area and was very important, but that the developer was not the sole cause for the need of the pipeline, and therefore the City couldn't make them pay for it all. He stated that the developers' latest offer would be paying their fair share. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 15 of 19 Jonathan Curth displayed the image that Council Member Min. Jones had requested of parking. Council Member Min. Jones questioned if the parking would support the number of residents that would be residing at the development. Jonathan Curth stated the project was proposed to include 272 units, which would be 827 beds. He then went on to explain how 548 parking spaces were being proposed for the project. Council Member Berna requested clarification, because he believed parking was not something the City Council could consider on the request. Jonathan Curth stated that was correct due to the parking being by right reductions. Council Member Stafford spoke of how the applicant offering $200,000 was a very fair amount. He believed the sewer line would benefit the whole neighborhood, and that the developer had met all of the City's requirements. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed unanimously. Resolution 53-25 as recorded in the office of the City Clerk Ordinance § 155.03 & 155.06 (Chapter 155 - Appeals Amendments): An ordinance to amend § 155.06 Appeals from Staff Interpretations and Actions (A) Appeals to City Council to add (3) Stormwater Management Utility Fee Decision and to amend § 155.03 Stay of the Unified Development Code. City Attorney Kit Williams read the ordinance. He referenced the storm water management utility fee the City Council had enacted and how it spoke to an appeals section. Therefore, he felt there needed to be an update to the Appeals section in City Code so that citizens could be aware of the proper procedure for appeals to ensure they were handled correctly. 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 Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 16 of 19 Ordinance 6840 as Recorded in the office of the City Clerk Repeal Ordinance 6800 (Ordinance): An ordinance to repeal Ordinance 6800 as amended. City Attorney Kit Williams read the ordinance. He provided a brief history of Ordinance 6800 and how the Attorney General had reviewed the law and sent a memo outlining how the ordinance violated State Statute 14-43-608. He stated therefore, since Ordinance 6800 was likely in violation of that statute, it should be repealed. The City Council received 11 public comments regarding this ordinance. Council Member Dr. Jones appreciated those who had come forth and commented on the request. He stated they were worth fighting for and went on to acknowledge how there was a possibility that the City could end up in the Supreme Court, but that was a risk he was willing to take. He believed the renters within the City needed support and he was prepared to do that. Council Member Moore thanked everyone who had come forth to speak. She went on to express how she had concerns and reservations. She understood the request had gone to the Attorney General and felt it had been very interesting that wording such as likely had been included in their opinion, which she felt did not shut the door fully, and that there was no case law and that an assumption was being made. She went on to explain how she did not feel that decisions should be rushed, and felt it did the community a disservice to repeal the ordinance without something to replace it. She felt that if the ordinance were repealed and the door closed on the conversation, that it would also close the door to possibility. She agreed that the Fayetteville residents were worth fighting for and having hard conversations for. She hoped tonight that her fellow colleagues would consider taking a pause and saying no to repealing the ordinance tonight, and work toward doing diligence and coming up with other solutions that could create some protections for the residents. Council Member Stafford spoke of how renters' rights mattered. He went on to reference a public comment that had been spoken regarding homeowners. He appreciated the comments of Council Member Moore and Dr. Jones, and went on to speak of how he was unsure of how he would vote. He stated that at some point, the ordinance would have to be repealed, whether that was tonight or later on. He stated they could try to work on alternatives and referenced the Housing Crisis Task Force and how they were working on suggestions as well. He believed everyone wanted to help the renters, but he did not want to throw money at a losing battle and waste taxpayer funds. He was committed to helping the City's renters and believed everyone on the City Council was as well. Council Member Turk responded to the public comment received regarding homeownership as well. She appreciated everyone coming to the meeting and expressing their concerns. She stated she would love to hear some creative solutions and ideas and believed there needed to be some habitability standards in Arkansas. She stated she would like to honor Council Member Moore and not take a vote on the request tonight, and to leave it on the first reading to see what could be done within the next few weeks. She felt it was very clear that if the topic was taken to the Supreme Court, the City would lose and waste a lot of time, energy and funds into fighting it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 17 of 19 Council Member Min. Jones appreciated those who had come forth and spoke on the request. She spoke of her personal experience in working with individuals who needed housing and how the cost of paying fees could get to be very expensive. She applauded Council Member Moore for bringing the ordinance forward and wanted to look at different alternatives because she understood how application fees impacted community members. Council Member Bunch stated she had heard a lot of good comments from the public tonight. She felt very conscientious about taxpayer dollars and was unsure if she could support going to court because she felt that might be a waste of taxpayer funds over something the City would not win. She went on to speak of how if the item were repealed tonight, or left on its current reading, the City could continue to work toward a new solution. Council Member Berna addressed the public comment that had been made in reference of homeownership to the City Council. He stated that the ordinance had been paused two weeks ago with the assumption that the Attorney General would give his interpretation, which the City Council now had. He stated that if the City Council repealed the ordinance, it would not stop them from trying to work towards something else. He felt that it was clear that the state would view the ordinance as illegal and that if the City were to fight it, it would be a waste of taxpayer funds. Council Member Wiederkehr appreciated those who had come out and voiced their opinion on the topic. He stated the ordinance had been passed in good faith, but felt there had been a pattern in Fayetteville succeeding in getting the attention of numerous state legislators. He felt it would take some brilliant, logistical insight to come up with something that could survive the City's current state legislature. He had no opposition to the item being held on its current reading. Council Member Dr. Jones stated he was not a fan of being frivolous with taxpayers' funds and wanted the citizens to know that he had their back, but he was conflicted due to whatever the City passed related to housing, there was the possibility of the state not supporting it. He stated he would support what Council Member Moore had suggested and hold the item on its current reading in an attempt to come up with different solutions. He felt that if the City Council repealed the ordinance tonight, what kind of message that would send to the citizens. Council Member Moore felt that having these types of conversations were helpful for the community and thanked her colleagues for being willing to let the item sit. She then spoke of state legislature and how she was frequently in Little Rock having conversations. She stated that citizens and anyone else in the state could reach out to the legislators to express their concerns and create additional conversation around the topic. City Attorney Kit Williams stated he was the sponsor of the request and felt that the item did not need to be passed tonight due to Ordinance 6800 not becoming effective until late March. He went on to explain how his goal as City Attorney was to not have the City break state law. He then referenced how himself and the Attorney General had not said the ordinance was illegal, due to judges being the only ones able to say something was illegal. He explained how he did not back away from litigation when there was a good chance and referenced how he had fought for the civil rights ordinance. He did not feel that a decision needed to be made tonight, he wanted everyone to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 18 of 19 think on the topic further and believed that eventually they were all going to have to come to the realization that the ordinance was almost certainly in violation of the state law. Council Member Stafford stated he supported leaving the item on its current reading. Mayor Rawn thanked those who had come forth to speak on the topic. She knew how much the matter impacted the community's livelihood and ability to live in Fayetteville. This ordinance was left on the first reading. Affirming Fayetteville as a Welcoming and Inclusive Community (Resolution): A resolution affirming Fayetteville as a welcoming and inclusive community for all residents. Mayor Rawn spoke of how she felt compelled to let the City Council know that she was very supportive of the item and believed it was important, particularly in today's climate. Council Member Moore requested that City Attorney Kit Williams read the resolution. City Attorney Kit Williams read the language of the resolution. Council Member Moore thanked City Attorney Kit Williams and Mayor Rawn. She spoke of the conversations she had had with the community and how it had been questioned where Fayetteville stood in these tumultuous times. She felt it was important that the City reaffirm what it knew to be true by saying yes to the resolution. She appreciated everyone for coming out and was happy to take any questions. Council Member Stafford stated he would like to make an amendment to the resolution. He spoke of how recent events had affected him personally to the point he had left the country. He stated that as of last Friday, transgender people, intersex people, non -binary people and queer people no longer existed to the federal government. He would like to amend the resolution to add transgender, non -binary, intersex and queer people to the first and sixth whereas clauses after immigrants and refugees, and after Section Two of the therefore' s after immigrant and refugee. There was a brief discussion amongst the City Council and City Attorney Kit Williams regarding the proper procedure for amendments and the motion currently on the floor. Council Member Stafford moved to amend the resolution to add language "transgender, nonbinary, intersex and queer people" to the first and sixth whereas clauses as well as in Section 2. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. The City Council received 24 public comments regarding this resolution. Mayor Rawn referenced a question that had been brought up regarding the Police Department. She clarified that the Police Departments responsibility was to enforce federal and state criminal 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 19 of 19 laws, whereas immigration was a civil matter. The Fayetteville Police Department had stated they do not coordinate with ICE to enforce federal immigration law. Council Member Bunch moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 54-25 as recorded in the office of the City Clerk Announcements: Keith Macedo, Interim Chief of Staff stated the City would be hosting a blood drive tomorrow on the Downtown Square and that the City's Recycling and Trash Department would be offering free wood chip mulch on Tuesdays and Thursdays. He then went on to state Mayor Rawn had issued a proclamation that February was Black History Month. Council Member Moore announced that the City currently had open vacancies for its Boards, Committees and Commissions. Citv Council Aeenda Session Presentations: Sales Tax Report - Chief Financial Officer Energy Report - Environmental Director City Council Tour: None Adjournment: 9:40 p.m. Molly Rawn, Mayor ry$„�SI�:.`o a• Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov