Loading...
HomeMy WebLinkAbout2025-02-18 - 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 18, 2025 City Council Meeting Minutes February 18, 2025 Page 1 of 17 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 18, 2025 at 5:30 p.m. in Room 111 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, 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, Deputy Chief Financial Officer Steven Dotson, Staff, Press and Audience. Council Member Doctor D'Andre Jones was absent during roll call. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report - Committee Chair Council Member Stafford stated the Nominating Committee recommended approval of the Nominating Committee Report. Council Member Stafford moved to approve the Nominating Committee Report as read. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 2 of 17 Member Turk, Min. Jones, Stafford, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Dr. Jones was absent. The Nominating Committee Report was approved. There was then a brief discussion regarding how the Monthly Financial Report had been accidentally placed on the agenda, and that it would not be presented until the following City Council meeting. Agenda Additions: None Consent: Approval of the February 4, 2025 City Council Meeting Minutes APPROVED United States Postal Service (Lease Renewal): A resolution to approve a five-year lease agreement with the United States Postal Service for space in the airport terminal building at 4500 South School Avenue for rent in the amount of $36,500.00 per year, to approve a commission agreement with Jones Lang Lasalle Americas, Inc. in the amount of $7,300.00, and to approve a budget adjustment. Resolution 55-25 as recorded in the office of the City Clerk Greater Productions, LLC. (Cost Share Agreement): A resolution to approve a cost share agreement with Greater Productions, LLC. in the amount of $1,056,513.00 for the installation of sanitary sewer upgrades to serve the Park Hotel and other downtown developments, to approve a project contingency in the amount of $100,000.00, and to approve a budget adjustment. Resolution 56-25 as recorded in the office of the City Clerk On Call Materials Testing Services (RFQ 25-01): A resolution to award RFQ #25-01, Selection #1 and approve McClelland Consulting Engineers, Inc., Olsson, Inc., and GTS, Inc. as primary providers of on -call materials testing services as needed through April 30, 2026. Resolution 57-25 as recorded in the office of the City Clerk On Call Surveying Services (RFQ 25-01): A resolution to award RFQ #25-01 Selection #2 and authorize the purchase of on -call surveying services from McClelland Consulting Engineers, Inc., Hawkins -Weir Engineers, Inc., and Olsson Associates, Inc. as needed through April 30, 2026. Resolution 58-25 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 18, 2025 Page 3 of 17 Fayetteville Public School (Cost Share Agreement): A resolution to approve a cost share agreement with Fayetteville Public Schools in the amount of $400,000.00 for the extension of East Joyce Boulevard, and to approve a budget adjustment. Resolution 59-25 as recorded in the office of the City Clerk 2025 Transportation Federal Aid (Grant Application): A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid funds for the Rupple Road Lighting, Drake Street Trail Connection, Transit Stop Enhancements, Mission Boulevard Trail, Razorback Greenway Asphalt Replacement, Garland Avenue, and North Street Corridor Projects. Resolution 60-25 as recorded in the office of the City Clerk Council Member Moore moved to accept the Consent Agenda as read. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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. At the February 4, 2025 City Council meeting this ordinance was left on the second reading. City Attorney Kit Williams read the ordinance. Council Member Turk thanked the City Council for holding the item at the last City Council meeting. She hoped everyone had taken the opportunity to drive by the property and review whether the request would be compatible with the neighborhood. She went on to speak of how the area was largely single family, and that the property was small. She would probably be supportive. Jonathan Curth, Development Services Director stated he had no new updates on the item but would be available for questions. 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. The City Council received 1 public comment regarding this ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6841 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 18, 2025 Page 4 of 17 Repeal Ordinance 6800 (Ordinance): An ordinance to repeal Ordinance 6800 as amended. At the February 4, 2025 City Council meeting this ordinance was left on the first reading. City Attorney Kit Williams read the ordinance. He then went on to explain how Ordinance 6800 probably violated state law, and his recommendation was that the City Council repeal it. Council Member Moore requested that the ordinance be allowed to sit, as she had been doing additional work with the City Attorney's Office on a truth in leasing ordinance that she would be bringing forward. She appreciated the diligence the City Attorney's Office had done in trying to keep the City safe, but she felt as though attorneys had varying degrees of what their interpretations were and there had been no case law in regard to the topic. She then went on to speak of how the City had received an Attorney General's opinion on the subject but reminded the City Council how that was not legally binding, it was just legal guidance. She went on to explain how she felt that the City would not be in conflict with the state law in regard to the ordinance. Council Member Stafford stated he would like to support Council Member Moore having additional time, and recommended the item be left on its second reading. City Attorney Kit Williams stated that even if another ordinance were to come through, Ordinance 6800 still needed to be repealed. He then spoke of how both he and the Attorney General believed the ordinance probably violated state law. This ordinance was left on the Second Reading. New Business: Vacation-2024-0027: (903 W. North St./Jordan Group, LLC, 444): An ordinance to approve VAC-24-27 for property located at 903 West North Street in Ward 2 to vacate 0.24 acres of street right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and of staff evaluations with the request. He then went on to explain how AT&T and Swepco expressed concerns given their existing facilities in the area, and that those concerns had been factored into the conditions of approval with the request. He stated staff recommended approval of the request with the conditions outlined, and the Planning Commission felt similarly and forwarded it to the City Council by unanimous vote. He stated there had been no public comment on the item and noted that Charles Tripp Halbert and Henry Jordan were available as the applicants for the item. Charles Tripp Halbert, Attorney with Halbert Law Offices stated they were available for any questions or concerns and hoped the City Council would move forward with approval of the request. He stated they had no issues with the conditions placed upon approval of the item. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 5 of 17 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. Council Member Moore thanked staff for preserving the pedestrian access on the property. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6842 as Recorded in the office of the City Clerk Planned Zoning District-2024-0008: (19 E. 19th St./The Farm at South School, 602): An ordinance to approve a Residential Planned Zoning District entitled PZD-2024-008 for approximately 22.67 acres located at 19 East 19th Street in Ward 1. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be consistent from a land use plan standpoint and appropriate for the area. He noted the tree canopy requirements on the site would increase to 25%, plus an additional 5% for the portions located within the Hillside Hilltop Overlay District. He went on to speak of how development on the Planned Zoning District (PZD) would require widening the street and extending water and sewer to reach the property. He spoke of the topography located on the site, with 7% to 20% slopes. He stated there had been public comment received, with many being in the form of inquiries, and two comments being in favor from members of the public at the Planning Commission meeting. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council by a vote of seven to zero. He noted Shannon Norman was present as the applicant for the project. Shannon Norman, Applicant summarized the three reasons they had brought the request forward; they were experiencing issues with developing the site as it currently had three different zoning categories, an existing building they were trying to renovate was non -conforming and that with the programming they were proposing hosting indoor and outdoor gatherings, they had been recommended to pursue the PZD by the Planning Commission. Council Member Turk thanked the applicant for providing her a tour of the property. She then asked for confirmation that a sewer main would be placed on the property and that septic systems would not be used. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 6 of 17 Shannon Norman stated they would be putting in a pump station and a force main line. Council Member Turk spoke of how the applicant intended to only have acoustic music at the property. She then questioned if they decided to do amplified music, would they then have to get a conditional use permit for that change. Jonathan Curth stated the request would have to go back to the Planning Commission for an additional level of scrutiny before being able to having any amplified outdoor music. The City Council received 1 public comment regarding this ordinance. Council Member Stafford moved to suspend the rules and go to the second reading. Council Member Wiederkehr 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 Dr. jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore stated she was excited to see the project come together and thanked the applicant for talking with the neighbors. She went on to speak of how she always appreciated when applicants were proactive and spoke with their neighbors regarding their projects. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6843 as Recorded in the office of the City Clerk Appeal: PZD-2024-0005: (N. Rupple Rd. & W. Salem Rd./Foxtail Meadows, 205): An ordinance to approve a Residential Planned Zoning District entitled PZD-2024-005 for approximately 44.0 acres located on North Rupple Road and West Salem Road in Ward 4. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and of staff s findings when reviewing the request. He noted the tree preservation requirements would stay at 25% under the new zoning requested and went on to speak of the natural amenities at the site, which included a protected stream and slopes. He stated staff had spoken with the applicant on what it looked like to connect water and sewer to the site, and that there had been several opportunities identified to do so, so that the property would not have to rely on septic. He went on to speak of density, and how the entitlement on the property currently was around 160 units, and that the request was to do almost an identical amount. He went on to speak of how staff had 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 7 of 17 received a lot of public comments on the request, with concerns expressed from nearby residents regarding the density associated with the development, traffic impact and inadequate infrastructure. He noted there had also been comments from other residents who were recommending in favor of the project and found it to be an ideal development pattern. He stated staff recommended approval of the request, and when it had been heard at the Planning Commission, a motion to forward it to the City Council had failed by a vote of 4-5. He stated the item was then heard on appeal by the City Council in November of last year, where it had been approved. He stated staff then identified that public notification had not been completed on the item, when rendered that approval null and void. He apologized for staff s role in not ensuring that had been done. He noted Allison Quinlan was present as the applicant for the item. Allison Quinlan, Principal Architect with Flintlock Lab gave a brief description of the project. She spoke of how they were planning to develop smaller homes at a more attainable price point and would be making the western side of the site to be for individuals aged 55 and older. She stated they had received a lot of mixed comments on the request and went on to explain how they were in a relatively walkable neighborhood pattern with quite a bit of amenity that was being proposed within the neighborhood to reduce car trips. She stated they had received a lot of opposition at the last Planning Commission meeting in regard to the density and pattern of the neighborhood. She explained how after that meeting, they had made some changes relative to the neighbor's requests by adding a green buffer along the northern adjacent properties and had removed two lots from the entry drive to pull back and provide more of a buffer from existing large lot properties. She then went on to talk about the property further and what was allowed by right to be developed. She noted there was a six acre portion of the site that they were proposing to put into a permanent conservation easement and that they were also planning to do stream improvements. She went on to speak of how there were flooding concerns expressed from the neighbors, and that improvements of the nearby street to improve the drainage for neighbors was included in the site improvement plans. She stated that with the project, they were trying to reduce their overall infrastructure for the number of units by 40%, which meant they would be preserving 40% more green space. She would be available for any questions. Council Member Turk referenced the mention of a conservation easement for a portion of the property. She asked if that had been included in the item or if it was an aspiration for later on. Allison Quinlan briefly spoke of how that was part of the development process, and that the area of land they considered a conservation zone within the item was tagged as being undevelopable and in conservation. She then went on to explain how the City Council could overturn that, but that it was protected within the Planned Zoning District. Council Member Turk asked what the plans were for sewer upgrades and confirmation that they would not be installing septic. Allison Quinlan stated that was correct and went on to explain how they would be draining the area west to east, and it would then hit a section that had existing manholes and capacity. She stated they had done a capacity study to confirm that plan would work. Council Member Min. Jones asked if the development would outlet on Salem or Ruppel Road. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 8 of 17 Allison Quinlan stated it would outlet to Ruppel Road, but there was a right of way dedication proposed in the Planned Zoning District that there would be connection made over to Salem. Council Member Min. Jones questioned how the applicant planned to address how the new housing would connect to a two lane road area. Allison Quinlan stated street improvements would be made to Rupple Road as part of the project and the Planning Commission would make final determination on approving how that was proposed as it came through as a development application. Council Member Berna spoke of how the current allowable build by right on the property was 160 units, and what the applicant was requesting was approximately 150-155 units. Jonathan Curth stated that was correct, and that the variability in that had mostly to do with terrain and what could viably be done on the property. The City Council received 15 public comments regarding this ordinance. Council Member Stafford thanked everyone for their comments. He then spoke of how the region was changing quickly, and that the City of Fayetteville was expected to grow tremendously within the next few years. He believed the City needed to decide how they would grow and that he needed to consider what was going to happen in the future. He believed that if the property were left as RSF-4, it would create sprawl due to less density and more impervious surface being created. He stated traffic was happening now and would continue to happen whether the item was approved or not. He then spoke of the research he had done on the request, and of how he believed it was a thoughtful plan and would save more green space. He spoke of how the City Council had voted on the request previously, and felt that if they changed their mind now, he would suggest that the applicant might look into a lawyer. He would like to allow Allison Quinlan to come forth and rebut/answer some of the concerns that had been raised during public comment. Mayor Rawn stated she would allow the other council members to comment and then would bring either Jonathan Curth or Allison Quinlan forth to address the questions. Council Member Stafford stated he believed the plan was thoughtful and that having a 55 plus aged neighborhood would be great for the City. He believed the density of the request was a positive, and did not understand the argument against it. Council Member Bunch spoke of the comments regarding traffic concerns and that just the existence of traffic did not necessarily mean there would be a problem and that more cars did not necessarily mean the traffic would be more dangerous. She would like staff to address those concerns, as well as the flooding concerns. She referred to the public comment and how many neighbors had complained that the City Council had been misled, which she felt was very unfortunate, because she had researched the project and its details. Council Member Min. Jones stated she lived in the area, and that her house had flooded in 2017 with over $25,000 dollars of damage. She stated that if the area were to be developed, the neighbors 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 9 of 17 needed to be taken into consideration as well as the lack of walkability, the traffic and the transportation issues. Council Member Turk spoke of the tour she had taken on the property in October and wondered if the City Council could have a tour soon to see the area. Mayor Rawn questioned if that was a motion to table the ordinance. City Attorney Kit Williams stated it could be left on the first reading. Council Member Turk clarified it was a motion to leave the ordinance on its first reading. She then questioned if an appeal only had one reading. City Attorney Kit Williams clarified that the appeal was an ordinance, so it would have three readings, unless the rules were suspended to go on to another reading. Mayor Rawn requested City Attorney Kit Williams to advise her on whether now was an appropriate time for the applicant or Jonathan Curth to answer questions from the council. City Attorney Kit Williams stated whatever she would like to do was fine. Mayor Rawn requested that Jonathan Curth address the question regarding traffic. Jonathan Curth asked for clarification on what Council Member Bunch wanted to hear more about regarding traffic, and if it were in regard to the improvements or standards the development might be held to during the development process. Council Member Bunch answered yes, she also spoke of how many members of the public had asked for a traffic study of the area. She questioned if a study had been done and if not, then why. She also wanted information on what the requirements would be for the developer as they made improvements to Rupple Road. Mayor Rawn stated there had already been a motion to leave the ordinance on its first reading. She questioned if it would be appropriate to have that question addressed at the next City Council meeting. Council Member Bunch answered yes. She then spoke of how she felt it would be nice to have another tour of the property. Council Member Stafford stated he wanted to give Allison Quinlan the chance to rebut some of the comments regarding impervious area and infrastructure. Allison Quinlan stated she would be more prepared in two weeks to address the questions. She then went on to briefly talk of the project and how it had some support as well as some concerns regarding it. She spoke of how the City had a large amount of acreage at the edges of town zoned for single family, low density housing, which were more expensive and less suited to the City's 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 10 of 17 current need for housing. She then explained how their notification requirements changed in early 2024, and this had been the first time she had appealed to the City Council but unfortunately had missed one of the requirements. She referred to flooding and how the property would have to comply with all of the City of Fayetteville's detention and stormwater requirements, and that there would be significant improvements planned. She then went on to talk about the term walkability and of how they had an easement agreement with the neighbor to the west. She stated the property was currently developable for the same number of houses they were requesting, but in a sprawl pattern. She clarified that the developer was paying extra money to build in a pattern that the city had identified as being preferred. There was a member of the public who tried to comment further on the item. Mayor Rawn stated he was out of order and could comment on the item when it was heard by the City Council again at their next meeting. This ordinance was left on the First Reading. Administrative Item (Amend Chapter 51 — Water and Sewers): An ordinance to amend Chapter 51, Water and Sewers of the Fayetteville Code of Ordinances to provide for increases in water and sewer tap connection fees. There was a brief discussion between Mayor Rawn and City Attorney Kit Williams regarding how the readings of ordinances required separate votes. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance, and stated that this item, as well as the next two items on the agenda, were directly related to each other. He gave an explanation of the User Fee study the City had begun in 2023 and spoke of how the City had been subsidizing the development review process to the tune of around $2 million dollars for several years. He went into a brief description of the items. He referenced a question that had been asked at the Agenda Session regarding the User Fee Study and spoke of how that was tying the fees to a consumer price index so that staff did not have to come back to the City Council regularly to amend the fees every year. He stated fire fees was something staff was still reviewing, and that those would be brought to the City Council in the future. He would be available for questions. There was then a brief discussion amongst Mayor Rawn, Jonathan Curth, City Attorney Kit Williams and Council Member Stafford regarding the consumer price index details of the ordinance. Jonathan Curth described how if the City implemented the costs in a staggered way, such as the ordinance outlined, it would offer the City protection from implementing those costs immediately and opening the City to potential liability if staff exceeded the costs. City Attorney Kit Williams agreed with Jonathan Curth and then went on to caution the City Council on trying to tie the hands of future councils, and to leave decisions like that to the future council members. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 11 of 17 Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. 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 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. Mayor Rawn thanked Jonathan Curth for his work on the item. Ordinance 6844 as Recorded in the office of the City Clerk Administrative Item (Amend Chapters 110,116 & 118): An ordinance to amend § 110.03 Small Cell Facilities and Networks; § 116.02 Door to Door Solicitation; and § 118.02 Entry Upon Business Registry and Issuance of Business License to implement fee changes recommended by the City's recent user fee study. City Attorney Kit Williams read the ordinance. 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 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. 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 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 12 of 17 Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. Ordinance 6845 as Recorded in the office of the City Clerk Administrative Item (Amend Chapter 159 — Fees & Chapter 178 - Mobile Vendors): An ordinance to amend Chapter 159, Fees and Chapter 178 Mobile Vendors of the Unified Development Code to implement fee changes recommended by the City's recent user fee study. City Attorney Kit Williams read the 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 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. 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 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. Ordinance 6846 as Recorded in the office of the City Clerk Request for Additional Positions in the Development Services Department (Resolution): A resolution to authorize the addition of four full-time equivalent positions in the Engineering Division of the Public Works Department and three full-time equivalent positions in the Development Services Department, and to approve a budget adjustment. City Attorney Kit Williams read the resolution. Jonathan Curth, Development Services Director gave a brief description of the resolution. He went on to explain how the staffing plan was being considered in conjunction with recently adopted fees, and that he recognized the need to improve City services if fees were going to increase. He went on to speak of how staff had not been meeting expectations in a lot of ways from residents and applicants, and he believed the resolution would afford the City the opportunity to not only 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 13 of 17 recoup some of the lost ground, but to also be able to improve processes and services. He then went into a thorough description of all of the positions being proposed. He referred to a question that had been asked during Agenda Session regarding whether the positions would cause the City to lose money, and stated the City was in a good position to bring in much more revenue, to the tune of a couple $100,000 more than was anticipated to be spent on the positions. He would be available for questions, as would Chris Brown, Public Works Director. The City Council received 1 public comment regarding this resolution. Council Member Moore thanked Jonathan Curth for his overview of the request. She spoke of how the City had declared a housing crisis and how there was a need for City staff. She would be supportive of the request and was excited to see the improvements that would be made for residents. She then spoke of her time going to the state legislature and how she had been able to update them on what Fayetteville had done in terms of declaring a housing crisis by putting together a Housing Crisis Task Force and staffing positions. Council Member Stafford thanked Jonathan Curth, Chris Brown and the departments that had brought the item together. He spoke of how his discussions with developers and attorneys had revolved around this issue, and he believed this would be huge for the City. He was excited about the request and felt it would be a game changer. Council Member Wiederkehr stated he wholeheartedly endorsed the item, and felt the City was lean in its staffing in multiple areas. He spoke of how staff was needed for issues like housing and infrastructure and commended the City for bringing the item forward. Council Member Berna stated he was supportive of the request as well, especially since knowing the study had come forward and had likely given the City the funds needed for the positions. He questioned how Jonathan Curth saw the positions minimizing the timeline of the City's approval processes for development requests. Jonathan Curth briefly spoke of how the City was trying to get back to where they were in process review timelines around the beginning of Covid. He then went on to describe how staff had identified several pieces of their development review process that they felt might be antiquated or unnecessary. He reiterated how the City wanted to get back to where they were at a minimum and then begin reducing that time as well. Council Member Berna thanked Jonathan Curth and spoke of how the City was working toward streamlining processes and getting properties on the market. Mayor Rawn spoke of how she had pushed hard for Jonathan Curth and Chris Brown to bring the item forward to be heard at the City Council meeting. She stated staff had been working to get the jobs ready to post in the hopes that the City Council would approve the request so staff could move forward with hiring the positions. She acknowledged how this request alone would not solve the housing crisis but believed it would be a piece of what would make it better, and believed the City would see positive changes over time. She stated Chris Brown and Jonathan Curth's teams were incredible, and that the City had an excellent staff. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 14 of 17 Council Member Berna moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. Resolution 61-25 as recorded in the office of the City Clerk Suspension of the Rules for Ordinance Reading Requirement (Resolution): A resolution to amend Rule A.7.1). Unfinished Business and New Business by adding a new (3) Suspension of the Rules Places the Ordinance on its Third and Final Reading. Mayor Rawn stated she had requested that City Attorney Kit Williams bring the item forward so that if a council member made a motion to suspend the rules, they would be suspending the rules to the third reading versus suspending the rules to the second reading. Council Member Turk stated she was willing to give the new change a shot, and that if it got too confusing the City Council could always change it back. Council Member Berna agreed with Council Member Turk. Council Member Berna moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. Resolution 62-25 as recorded in the office of the City Clerk Ensuring Health and Fire Safety for Short -Term Renters (Resolution): A resolution to request the Arkansas Legislature allow cities to ensure health and fire safety for short-term renters and compatibility for single family residential neighborhoods. Council Member Moore spoke of how the legislature was currently considering changing and not allowing cities to have full regulation abilities on short-term rentals. She hoped the item could pass tonight unanimously so the City Council could send a strong message that the City of Fayetteville had done their due diligence and had been deliberate in the regulations that the residents had asked for and had been focused on health and public safety. She was available for questions. Council Member Turk agreed with the intent behind the resolution but would like to exercise caution and maybe not move forward because she did not want to antagonize the legislature further or for them to misunderstand what the City was trying to do. She was unsure if now was the right time for the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 15 of 17 Council Member Stafford questioned if the resolution would butt up against what the legislature was in the process of trying to do currently. He agreed with Council Member Turk and had the same concerns regarding timing. City Attorney Kit Williams spoke of how he had tried to be careful while working with Council Member Moore on the language of the resolution, and that the wording was not antagonistic toward the legislature, but instead it was a request that they consider and support home ownership and compatibility with residential neighborhoods and fire safety. He stated he would leave it up to the City Council regarding what they would like to do. Council Member Stafford questioned if the resolution was just a way of reaching out for consideration. City Attorney Kit Williams answered yes. Council Member Moore spoke of how the intent behind the item was to bring Fayetteville's viewpoint forward and into conversations and considerations. Council Member Berna understood the intent behind the resolution, but had concerns it would be putting a bullseye on the City from the state. He felt that the timing on the resolution was challenging, and he would be more comfortable waiting and seeing what was happening. Council Member Turk questioned if other cities had put forth a similar resolution or proposal. Council Member Moore stated she was not aware of any other cities bringing something similar forward. She then went on to speak of how she saw Fayetteville as a leader and did not feel that the resolution would be putting a bullseye on the City. She stated that oftentimes, when the City did something, others soon followed, and that this would be kind of like a note to the legislators to ask for their consideration. Mayor Rawn shared with the City Council how Keith Macedo, Susan Norton and herself had been in touch with the Arkansas Municipal League regarding the Short -Term Rental bill that had been presented at the state, and that they were well aware of the City's feelings about it. She stated Susan Norton was in Little Rock currently and actively working to get support of a bill that took into account life safety. Council Member Stafford spoke of how he did not believe the resolution would cause the City harm and questioned if Council Membre Moore had reached out to the legislators and received any feedback on the request from them. Mayor Rawn stated staff had spoken with not only the Fayetteville representatives, but other representatives across the state as well. Council Member Stafford thanked Mayor Rawn for answering and believed that it gave him more insight. He questioned the feedback Mayor Rawn had received on the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 16 of 17 Mayor Rawn clarified that staff had not spoken to any legislators regarding the resolution, but about the Short -Term Rental legislation. Council Member Moore spoke of her work in the legislative sessions and how she spoke with local representatives but had not specifically received feedback on the resolution itself. She then went on to explain how she had gotten positive feedback and support on the efforts of the City of Fayetteville. Council Member Stafford stated his concern was whether one of the legislators wasn't already doing something similar, and if this resolution might step on their toes or usurp their efforts. Council Member Berna spoke of how Susan Norton was serving as sort of a lobbyist for the City of Fayetteville in Little Rock and of how he would like to see her point of view on the request. He noted that Council Member Moore was typically in Little Rock representing her social justice organization and not necessarily representing the City. Mayor Rawn stated that both Susan Norton and Peter Nierengarten were registered designated liaisons with the legislature this session, and that she could let Keith Macedo speak further to their actions in Little Rock. Keith Macedo, Interim Chief of Staff spoke of how the Arkansas Municipal League was working on some items that related to life safety and ensuring that people who were renting out short-term rentals were renting out something that was acceptable to be rented out. He stated Susan Norton was in Little Rock this week so that she could testify on the City's behalf on items. He went on to clarify that staff was working closely with local legislators and some legislators in Little Rock to push some of the items primarily relating around life safety. Council Member Berna questioned if Keith Macedo worried about the timing of the resolution. Keith Macedo stated that he viewed it as a companion item. He then went on to explain how information he had received from John Wilkerson led him to believe there would be an amended bill that would be presented in the next several days. City Attorney Kit Willaims spoke of how if the resolution did not pass, it would show that Fayetteville was not in favor of requesting that the legislature allow citizens to ensure health and fire safety. He believed that rather than worry too much about the politics of the resolution, the City Council needed to vote on what they believed in within the resolution. Mayor Rawn believed that was an excellent point, and that the time to worry about politics was before something was brought forward to the City Council. Council Member Stafford moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed 7-0. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Bunch was absent for the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 18, 2025 Page 17 of 17 Resolution 63-25 as recorded in the office of the City Clerk Announcements: Keith Macedo, Interim Chief of Staff announced that recycling and trash services had been suspended today and tomorrow due to inclement weather, and that further details regarding those services could be found on the City's website. Council Member Turk requested that information regarding a tour of the property mentioned earlier be decided on. Mayor Rawn recommended that staff send an email to the City Council to schedule the tour. City Clerk Treasurer Kara Paxton reminded everyone that the City was taking applications for Boards, Committees and Commissions until 5pm on Friday, February 2 V. Mayor Rawn stated warming shelters were open and gave a brief description of the locations that could be found and their times. She requested that everyone take care of each other and their neighbors and to get the word out regarding the shelters. City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 9:13 p.m. N�fh -�O� Molly Rawn, Mayor VILLI- U•FAYETfEVILLC �_ S kq N`P 2 .,y�hG'oN1 0 Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov