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HomeMy WebLinkAbout2025-03-18 - 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 March 18, 2025 City Council Meeting Minutes March 18, 2025 Pagel of 8 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 March 18, 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, Interim Chief Financial Officer Steven Dotson, Staff, Press and Audience. Council Member Minister Jones joined the meeting shortly after roll call. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: State of the City Address — Mayor Molly Rawn The 2025 State of the City Address was given by Mayor Molly Rawn. City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Council Member Stafford read the report. Council Member Bunch moved to approve the Nominating Committee Report as read. Council Member Moore 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 March 18, 2025 Page 2 of 8 Agenda Additions: None Consent: Approval of the March 4, 2025 City Council Meeting Minutes APPROVED Flintco, LLC. (Service Contract): A resolution to award RFP #24-15 and approve a contract with Flintco, LLC. In the amount of $1.00 to provide construction manager at risk services for improvements to Maple Street. Resolution 76-25 as recorded in the Office of the City Clerk J L Bryson, Inc. (Service Contract): A resolution to award BID #25-31 and authorize a contract with J L Bryson, Inc. in the amount of $672,789.02 for the transfer station improvements, and to approve a project contingency in the amount of $67,000.00. Resolution 77-25 as recorded in the Office of the City Clerk Hawkins -Weir Engineers, Inc. (Amendment No. 2): A resolution to approve amendment no. 2 to the engineering services contract with Hawkins -Weir Engineers, Inc. In an amount not to exceed $65,900.00 for additional design and construction services associated with the Fayetteville Recycling and Trash collections division. Resolution 78-25 as recorded in the Office of the City Clerk I-49 and MLK Easement Condemnations (Utility Relocations): A resolution to authorize the city attorney to seek condemnation and possession of certain lands owned by individuals needed for the I-49/MLK Utility Relocations Project. Resolution 79-25 as recorded in the Office of the City Clerk Highway 112 Easement Condemnations (Utility Relocations): A resolution to authorize the city attorney to seek condemnation and possession of certain lands owned by individuals needed for the Highway 112 Utility Relocations Project, and to approve a budget adjustment. Resolution 80-25 as recorded in the Office of the City Clerk 2025 Stormwater Education (Service Agreement): A resolution to waive competitive bidding and approve an agreement with the Northwest Arkansas Regional Planning Commission for a stormwater education program to be provided by the University of Arkansas Cooperative Extension Service in the amount of $44,705.91. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 18, 2025 Page 3 of 8 Resolution 81-25 as recorded in the Office of the City Clerk Watershed Conservation Resource Center (Task Order #14): A resolution to approve task order no. 14 with the Watershed Conservation Resource Center in the amount of $37,000.00 for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects. Resolution 82-25 as recorded in the Office of the City Clerk Motorola, Inc. (Service Agreement): A resolution to waive competitive bidding and approve a five-year service agreement with Motorola, Inc. In the total amount of $266,631.92 for maintenance of the city's Motorola dispatch radio equipment. Resolution 83-25 as recorded in the Office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Disclosure of Rental Fees and Costs (Ordinance): An ordinance to enact § 120.03 Disclosure of Rental Fees and Costs for leased residential properties in the City of Fayetteville. At the March 4, 2025 City Council meeting this ordinance was left on the first reading. Council Member Moore detailed the history of the item. She highlighted several of the stories that had been shared with the council of overly burdensome application processes and expensive background check fees. As well as miscellaneous fees being charged to a person without a prior explanation of the miscellaneous fees. City Attorney Kit Williams read the ordinance. Council Member Turk and Berna both suggested amendments to the proposed ordinance. City Attorney Kit Williams suggested that the amendments be talked about separately as well as voted on separately. Council Member Turk moved to amend the language to add that the ordinance would not go into effect until three months after its passage and approval to provide sufficient time for all effected landlords and rental management companies to be ready to comply with the disclosure requirements. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Council Member Moore moved to amend the language to add that landlords and rental management companies shall not be responsible for electronic media outside of their control. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 18, 2025 Page 4 of 8 Council Member Wiederkehr seconded the motion. Upon roll call the motion passed unanimously. The City Council received 2 public comments regarding this ordinance. Council Member Stafford, Moore and Berna voiced their support to leave the ordinance on the second reading to allow more time to research the topic. There was a brief discussion between Council Member Berna, Turk, Moore and Mayor Rawn regarding the best route to take while researching the topic. Mayor Rawn explained why she felt the Housing Task Force would be the best route since the topic falls within their realm of knowledge and expertise. Council Member Berna also suggested that the item go to the Ordinance Review Committee and Council Member Turk voiced her suggestion of creating a subcommittee of the Housing Crisis Task Force. Council Member Moore and Bunch voiced appreciation of all the suggestions. This ordinance was left on the Second Reading. New Business: Administrative Item (Amend Chapter 94 - Fire Prevention): An ordinance to amend Chapter 94, Fire Prevention of the Fayetteville Code of Ordinances to modify existing fees and create a fee schedule. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the item and explained the item was the final element of the user fee study that was initiated in 2023. Council Member Stafford asked clarifying questions specific to tent inspection permits. Mr. Curth provided clarification and explained the Fire Marshall would inspect tents for certain types of events to ensure that proper fire extinguishers were placed properly and that individuals would be able to exit the tent in an emergency. The City Council received 1 public comment regarding this ordinance. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Wiederkehr seconded the motion. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch, and Turk voting yes. Council Member Minister Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 18, 2025 Page 5 of 8 Ordinance 6850 as recorded in the Office of the City Clerk Vacation-2025-0001: (1278 W. Van Asche Dr./Lisa Academy High School,171): An ordinance to approve VAC-25-01 for property located at 1278 West Van Ashe Drive in Ward 2 to vacate 0.06 acres of sanitary sewer easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director explained that the applicant had requested to vacate about .06 acres of the easement and staff identified no issues with the request. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7- 0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch, and Turk voting yes. Council Member Minister Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. Ordinance 6851 as recorded in the Office of the City Clerk Vacation-2024-0028: (1001 W Bulldog Blvd./Fayetteville High School, 522): An ordinance to approve VAC-24-28 for property located at 1001 West Bulldog Boulevard in Ward 1 to vacate 0.05 acres of utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director explained that city staff recommended approval of the request due to the lack of infrastructure/utilities in the easement upon one condition. The condition being if any facilities need to be relocated, it will be at the applicant's/developer's expense. Council Member Wiederkehr 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 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones 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 March 18, 2025 Page 6 of 8 Mayor Rawn asked shall the ordinance pass. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. Ordinance 6852 as recorded in the Office of the City Clerk Vacation-2025-0006: (1795 N. Leverett Ave./Hogwildhousing LLC, 366): An ordinance to approve VAC-25-06 for property located at 1795 North Leverett Avenue in Ward 2 to vacate 0.04 acres of access easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief history of the property that included how the initial access easement was created in 2019. He explained that the owner, not present, requested approval to vacate the easement since the access easement no longer served a purpose on the property. After reviewing the request, Mr. Curth and his team agreed to be in support of approving the owner's request. Mr. Curth and Council Member Moore had a brief discussion about access management standards. Mr. Curth highlighted that single family dwellings tend to have the most generous allowances. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. Ordinance 6853 as recorded in the Office of the City Clerk Rezoning-2025-0001: (903 W. North St./Jordan Group LLC, 444): An ordinance to rezone the property described in rezoning petition RZN 2025-01 for approximately 0.11 acres located at 903 West North Street in Ward 2 from R-O, Residential -Office to RMF-40, Residential Multi -Family, 40 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the ordinance and provided a history of the overall proposed area of development. Mr. Curth explained that during the development review process it was identified that one portion of the property was zoned R-O, Residential Office 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 18, 2025 Page 7 of 8 which conflicted with the applicant's development plans. Mr. Curth also detailed the differences between the initial zoning code of R-O, Residential Office and proposed zoning code of RMF-40, Residential Multi -Family, 40 units per acre. Council Member Turk asked Mr. Curth if the proposed change would result in lower traffic levels. Mr. Curth explained there was not enough data to answer. He went on to address access management standards for the proposed development. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch, and Turk voting yes. Council Member Minister Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. Ordinance 6854 as recorded in the Office of the City Clerk Rezoning-2024-0058: (123 E. 15th St./Komander, 602): An ordinance to rezone the property described in rezoning petition RZN 2024-58 for approximately 3.14 acres located at 123 East 15th Street in Ward 1 from R-A, Residential -Agricultural to DG, Downtown General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the ordinance and explained that city staff supported the approval of the applicant's request to rezone from R-A, Residential Agricultural to DG, Downtown General. Mr. Curth identified that the property was primarily undeveloped with several agricultural outbuildings. Council Member Turk voiced her concern regarding the level of potential and intense development and wanted to know if city staff included that concern in their discussion before recommending approval. Mr. Curth explained that the zoning code of DG-Downtown General includes a height allowance of five stories and provided College Avenue as an example. He also explained that the city staff did discuss the potential nuisances and agreed that DG-Downtown General would potentially have less nuisances than the dairy plant that is currently located on the property. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0 with 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 18, 2025 Page 8 of 8 Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the motion passed 7-0 with Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voting yes. Council Member Minister Jones was absent for the vote. Ordinance 6855 as recorded in the Office of the City Clerk Announcements: Keith Macedo, Interim Chief of Staff announced that Centennial Park would be closed from Tuesday, March 18th to Sunday, March 23rd for the US Pro Cup Mountain Bike Race. City Council Agenda Session Presentations: None City Council Tour: None Adiournment: 7:15 PM Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov