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HomeMy WebLinkAbout2025-04-15 - 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 April 15, 2025 City Council Meeting Minutes April 15, 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 April 15, 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 Steven Dotson, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recotnitions: Recognition of the Fayetteville Fire Department's Accreditation from the Commission on Fire Accreditation International (CFAI) — presented by Mayor Molly Rawn. Mayor Rawn recognized the Fayetteville Fire Department for their accreditation. She asked Fire Chief Brad Hardin to come forward and speak further on the topic. Fire Chief Brad Hardin spoke of how the Fayetteville Fire Department had been working toward the accreditation for quite some time. He went on to state how proud the Fayetteville Fire Department was and thanked everyone for their support. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 2 of 19 City Council Meeting Presentations, Reports, and Discussion Items: Fayetteville Youth Advisory Council — Oaths of Office administered by: Judge Terra Stephenson Mayor Rawn recognized the incoming members of the Fayetteville Youth Advisory Council. The new members then proceeded to take their oaths of office with Judge Terra Stephenson. Nominating Committee Report — Committee Chair Council Member Stafford stated the Nominating Committee recommended approval of Carla Davis for the Fayetteville Public Library Board of Trustees open position. Council Member Stafford moved to approve the Nominating Committee Report. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Min. Jones abstained. Agenda Additions: None Consent: Approval of the April 1, 2025 City Council Meeting Minutes APPROVED First Star Construction (Service Contract): A resolution to award Bid #25-30 and authorize a contract with First Star Construction, LLC in the amount of $398,496.00 for water line improvements at Drake Field and to approve a project contingency in the amount of $17,165.00 Resolution 94-25 as recorded in the office of the City Clerk 2024 Reappropriation Amendment (Budget Adjustment): A resolution to amend Resolution 46-25 by reducing the amount of reappropriations to the 2025 budget by $10,759,026.00, and to approve a budget adjustment. Resolution 95-25 as recorded in the office of the City Clerk Crafton Tull & Associates, INC. (Service Contract): A resolution to award RFQ #25-01, Selection #4 and authorize a professional engineering services contract with Crafton, Tull & Associates, INC. in the amount of $227,315.00 for the design of the White River Trail at River 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 3 of 19 Commons, to approve a project contingency in the amount of $30,000.00, and to approve a budget adjustment. Resolution 96-25 as recorded in the office of the City Clerk Box Gang Manufacturing, LLC. / Wastequip, LLC. / Toter, LLC. / Rehrig, Co. (Purchase Agreements): A resolution to authorize the purchase of recycling and trash collection equipment and services from various vendors within the approved budget, pursuant to Sourcewell Cooperative Purchasing Contracts. Resolution 97-25 as recorded in the office of the City Clerk Asphalt Overlay and Sidewalk Projects (Resolution): A resolution to approve the Transportation Division 2025 asphalt overlay and sidewalk construction work plans. Resolution 98-25 as recorded in the office of the City Clerk Froud Farms (Lease Agreement): A resolution to award Bid # 25-28 and authorize a five-year hay field lease with Froud Farms for about 63.8 acres at Lake Fayetteville, Madison Natural Area, Kessler Park, and Combs Park for the amount of $102.00 per year, and to authorize mowing at other park properties as needed for the amount of $1.00 per bale. Resolution 99-25 as recorded in the office of the City Clerk Arkansas Historic Preservation Program (Grant Award): A resolution to authorize the acceptance of a certified local government grant from the Arkansas Historic Preservation Program in the amount of $72,000.00 for Phase 1 of a city-wide windshield survey of historic properties and historic district commission training, and to approve a budget adjustment. Resolution 100-25 as recorded in the office of the City Clerk Nabholz Construction Corp. (Service Contract): A resolution to award Bid #25-29 and authorize a contract with Nabholz Construction Corp. in the amount of $13,967,679.50 for the construction of water and sewer utility relocations associated with the Arkansas Department of Transportation's I-49 & MLK Interchange Improvements Project, and to approve a project contingency in the amount of $500,000.00. Resolution 101-25 as recorded in the office of the City Clerk Arkansas Department Of Transportation (Change Order 5): A resolution to approve Change Order No. 5 to the agreement with the Arkansas Department of Transportation in the amount of $2,247,123.36 for interstate 49 - MLK interchange improvements and utility relocations, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 4 of 19 Resolution 102-25 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. Unfinished Business: § 172.05 Parking Requirements (A)(2) (Amendment): An ordinance to amend § 172.05 (A)(2) for the required parking for residential developments to empower the Planning Commission to lower the minimum parking requirements in appropriate situations. At the January 7, 2025 City Council Meeting, this item was tabled indefinitely. The Ordinance Review Committee plans to request to have this item removed from the table and present an amendment that includes an emergency clause to be voted on during the April 15, 2025 City Council Meeting. Council Member Turk motioned to remove the item from the table and placed it onto the agenda. Council Member Wiederkehr seconded the motion. Upon roll call the motion passed 5-3. Council Member Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore, Min. Jones and Dr. Jones voted no. Council Member Wiederkehr motioned to amend the ordinance to accept the new language included in the City Attorney's memo. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the amended ordinance. Council Member Berna gave a brief description of the item and spoke of how parking reductions were affecting some neighborhoods in a negative way. He went on to explain how the amended ordinance was different from what the City Council had heard when it had been tabled indefinitely, and that the new language had come from work that various committees and staff had put into the item. He hoped the ordinance could be left on its second reading to allow for additional feedback and conversation on the topic. Council Member Wiederkehr provided a brief presentation on the amended ordinance that included data and rationale for the changes outlined within the amended ordinance. He included the impact of parking on public transit, stormwater management and the need for consistent parking requirements. Council Member Berna asked if Jonathan Curth had anything he would like to add to provide additional clarity on the item. Jonathan Curth, Development Services Director acknowledged how the request was a tangible step towards addressing concerns that had been expressed. He went on to explain how there were elements of the item staff felt needed further reconsideration before being able to fully support the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 5 of 19 ordinance. He then spoke of how the development community relied on consistency, replicability and predictability when evaluating whether they would invest in Fayetteville, so he had concerns that there were elements of the ordinance that might cause uncertainty there. There was then a brief discussion between Council Member Turk and Fire Marshal Jeremy Ashley. Jeremy Ashley spoke of how he had noticed issues with parking by Center Street, which prompted the conversation around the changes that were being requested. He stated their main concern with the current rule was that there was no way for them to do a review of what was being proposed. Council Member Min. Jones asked if the current ordinance was not in alignment with the City's long range goal plans. Jonathan Curth stated there were elements he believed ran contrary to it, with the specific one being it didn't allow additional reductions for smaller scale projects There was a brief discussion between Jonathan Curth and Mayor Rawn regarding tier levels within the ordinance. Council Member Stafford requested that Devin Howland come forward to offer his insight on the request. Devin Howland, Director of Economic Development spoke of how there were many thoughtful provisions within the ordinance. He went on to talk about developments within the City and how uncertainty could put those on pause. He liked the tiered approach within the proposal and felt there needed to be more specificity so that there were no unintended consequences for projects. He did not want to comment on the economic impact of the ordinance and would prefer to come before the City Council in two weeks with additional thoughts around that topic. Council Member Moore spoke of how compact spaces were only allowed for commercial, and not for residential parking. She questioned what compact spaces looked like in comparable cities. Jonathan Curth explained how the City of Fayetteville's requirements on compact spaces fell within the range of other cities. Council Member Moore and Jonathan Curth went into further detail on compact spaces and whether that was something the City needed to eliminate entirely. They then went into detail regarding shared parking spaces within the City of Fayetteville. Council Member Moore explained how she had been surprised to find nonresidential parking impacted within the ordinance, as she had thought the proposed changes only pertained to residential parking. Council Member Turk stated her intent was only in regard to residential parking revisions. Council Member Moore questioned if there would be openness to striking that section from the ordinance. Council Member Turk answered potentially, because she was surprised, as the discussion had only been about residential parking. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 6 of 19 Council Member Min. Jones referenced a comment that had been spoken earlier regarding bus stops and asked for clarification. Council Member Wiederkehr stated 1% of commuters were using public transit. Council Member Min. Jones questioned what the City's goal was in regard to transportation. She went on to explain how, with street expansions and parking, she did not see how a 15 foot bus could get through certain areas of the City. She stated that if the City was going to be aligned with long term plans, there would be a need to create spaces for buses to navigate. She believed this was something that needed to be thought about as the City worked towards adding parking spaces and walkability. There was then a brief discussion between Council Member Stafford and Council Member Wiederkehr regarding the parking reductions that would be allowed within the ordinance. They then went into specifics on the item's details, and it was mentioned the ordinance would be held on its second reading. The City Council received 16 public comments regarding this ordinance. Mayor Rawn addressed comments that spoke toward student housing developments. She understood and appreciated the comments but wanted to clarify that the ordinance was not about student housing developments, it was about parking requirements citywide. Council Member Berna, Bunch and Stafford expressed interest in holding the item on its second reading to gather additional feedback and review. Council Member Moore appreciated everyone's time and comments on the item. She went on to speak of how the item gave her pause, and she felt there needed to be additional conversation around it. She spoke of the concerns that had been raised regarding future projects as well as student housing and then went on to describe her concerns around uncertainties such as tariffs and rising interest rates. She believed the City needed to be measured and needed to take public safety important and not knee jerk policies. She felt more time and energy needed to be spent on the topic and that the City needed to be tackling the housing crisis issue it currently faced. Council Member Stafford stated there was a lot that worried and concerned him regarding unintended consequences with the request and with the potential to create uncertainty for developments. He went on to address student housing and how he wanted to work toward creating a separate zoning classification for them, so they could be treated separately than a regular apartment unit. He worried about how the ordinance might affect small developments. He then went on to speak of how he would be bringing forth amendments to the item and looked forward to continuing work on the request. Council Member Wiederkehr thanked everyone for their comments and feedback. He went on to describe the work and thoughtfulness that had went into the ordinance. He briefly spoke of public transit and the need for additional funding. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 7 of 19 Council Member Berna felt a lot had been accomplished tonight in hearing everyone's concerns and appreciated those comments. He wanted to continue moving forward and working together to get the issue figured out. Molly Rawn thanked everyone for their time and for their comments. This ordinance was amended and left on the Second Reading. New Business: Street Renaming (N. Plantation Ave to N. Garden Ave & W. Chattel St to W. Reflection St): A resolution to rename North Plantation Avenue to North Garden Avenue and West Chattel Street to West Reflection Street. Gregory Resz, GIS Manager gave a brief description of the request. He stated it had been brought forth by Kaylee Armendariz, a resident of Heritage Road Subdivision, who represented a group of approximately eight property owners within the subdivision. He stated staff recommended the street name changes. Council Member Dr. Jones brought forth an amendment to change the ordinances effective date to January 2, 2026 to allow the residents more than six months to make any and all necessary address changes. Council Member Stafford questioned the process of how mail was delivered with address changes. Keith Macedo, Interim Chief of Staff stated that if the amendment were to pass, the residents could not change their addresses until the effective date. He went on to clarify that once an address was changed, the resident would have one year that the post office would continue to mail things to their old address and new address at the same time. Council Member Stafford stated that even if the item became effective immediately, the residents would still have a year to get all their documents and things up to date. Keith Macedo stated he could not speak for every single entity that might have other requirements, but that that was correct regarding the post office. Council Member Min. Jones questioned who was part of the street naming committee. Gregory Resz stated the Police Department, Fire Department and a member of the GIS staff. Council Member Min. Jones asked if the City had a written policy or procedure when renaming a street. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 8 of 19 Gregory Resz stated the City had IT Policy 06. Council Member Min. Jones questioned if the public could view that information. She wanted to ensure the City was being transparent around street name changes. There was mention of it being on the public website. Keith Macedo stated that after searching for that information, it was only available on the City's intranet site, but that moving forward, it could be posted on the City's website. Council Member Dr. Jones moved to amend the ordinance language to show the effective date of January 2, 2026. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Police Chief Mike Reynolds stated the Police Department did not have any preference on street names, they only reviewed the request from a public safety standpoint. He went into a brief description of the processes that went into a street name change and how the Police Department used their technology to provide services to citizens. He would be available for any questions. Council Member Dr. Jones spoke of how the topic had been brought to his attention back in 2021 and of how he wholeheartedly supported the street name changes. He stated the process had been completely transparent and all residents had been invited to planning and discussion meetings via email and the neighborhood Facebook page. He believed the opposition were resorting to untruths regarding being uninformed to keep the street names as they were. Council Member Stafford questioned if there was a process in place to review street names so that the City would not end up in the same situation again. Keith Macedo answered yes, and explained how the City reviewed the names to ensure they were not common and that they were clearly identifiable. He stated the City also had a preapproved street name list. Council Member Turk stated she had also heard from several individuals in 2019 regarding renaming the streets in question. She was happy the City Council was finally having the conversation and discussion around the name changes. The City Council received 10 public comments regarding this resolution Mayor Rawn thanked Council Member Min. Jones for highlighting an area that the City could do better in making more public and visible. Council Member Min. Jones spoke of how the City needed to ensure citizens were notified by staff and not by a community member regarding their street name being changed in advance and hoped that could be added to the policy. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 9 of 19 Council Member Turk thanked the residents for their comments and for bringing the resolution forward. She spoke of how the City of Fayetteville was welcoming and inclusive, and that the current street names did not speak well of the City. Council Member Dr. Jones spoke of how the City of Fayetteville had reaffirmed the City's welcoming plan in February. He then went on to speak of how the street names were not conducive to that plan or the vision of inclusion and welcomeness. He quoted Dr. Martin Luther King Jr. and spoke of how he felt the street name changes would make Fayetteville better. Council Member Turk moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 7-0. Council Member Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Mayor Rawn thanked those who had spoken, and reminded everyone that the ordinance would not take effect until January of 2026. She stated it was the City's goal to be transparent with things like this, and that the City would be notifying each and every person affected on both streets of the changes. She stated her office as well as the GIS Office would be available to help with any questions. Resolution 103-25 as recorded in the office of the City Clerk Vacation-2025-0002: (East of 1775 W. Mitchell St./Mitchell Street Townhomes, 520): An ordinance to approve the Vacation of a 6,061 square foot portion of a tree preservation easement located along West Mitchell Street contingent on the dedication of two replacement tree preservation easements totaling approximately 0.8 acres and other conditions. City Attorney Kit Williams read the ordinance. Willa Tomason, Urban Forester gave a brief description of the request. She stated that in exchange for the vacation, the applicant proposed to dedicate two new tree preservation easements. She then went on to give a brief description of the two new parcels and their locations. She spoke of how staff and the Urban Forestry Advisory Board had evaluated the request and recommended conditional approval of the partial vacation of the West Mitchell Street tree preservation easement. She stated there had not been any public comment received on the request and noted that Jason Appel with Engineering Services Inc. was present to speak to the development plans. Jason Appel, Secretary/Treasurer with Engineering Services Inc. gave a brief description of the request. He stated the project would be a small, with a six-plex development with 12 parking spaces and an access through the tree preservation easement. He would be available for questions. There was then a brief discussion between Council Member Turk and Jason Appel regarding the erosion on the two parcels of property that needed to be restored. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 10 of 19 Council Member Moore questioned what the maintenance plan was for the proposed easement. Jason Appel stated they had not discussed that with staff, but that it would be held to the same requirements as the development, with a three year maintenance program bond. There was then a brief discussion between Council Member Stafford and Jason Appel regarding whether housing would be developed on the site. Jason Appel stated a six unit town home would be developed. He stated that they were requesting the vacation mainly for access to the unit. Council Member Stafford briefly spoke of maintenance requirements for invasive species on the site and asked for clarification on if that was a one time removal or if the developer would be required to upkeep that. Willa Thomason stated the City did not have any maintenance requirements for ongoing maintenance outlined in Chapter 167. She stated any maintenance that would be necessary would need to be conducted by an independent organization and that it would need to be something that the developer would be interested in doing. Council Member Stafford questioned if the change from 28 replacement trees to 56 would need to be an amendment to the ordinance. City Attorney Kit Williams stated that if Council Member Stafford wanted to do so, he would need to bring forward an amendment to amend the conditions to state that. Willa Thomason stated the 56 trees would be planted throughout the three properties, and that any mitigation or large scale development could also potentially require additional tree planting. Council Member Stafford questioned if the developer would be open to that. Jason Appel stated when he had reviewed the memo it had only outlined 28 trees, and now that number was 56. He was unsure if they could plant 56 trees over the three properties. Council Member Stafford questioned where the number 28 had come from. Willa Thomason stated that number had come from her calculations following the City's mitigation calculator. Council Member Stafford spoke of the potential for overcrowding with 56 trees. Willa Thomason stated the number 56 had been agreed upon by the Urban Forestry Advisory Board, and that she was unsure exactly how they had come to that agreement. She stated that if there was no space for those trees, the developer could pay a fee in lieu as an alternative. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 11 of 19 Council Member Moore spoke of how historic the piece of property was, and that it was unfortunate a lot of trees had been removed. She questioned what the City's enforcement would look like going forward to ensure the area was maintained and not destroyed. Willa Thomason stated the City did not currently have a monitoring schedule for tree preservation easements but agreed that was something that would be beneficial to establish. The City Council received 2 public comments regarding this ordinance. Council Member Turk stated there had been good discussion on the topic and felt sad that there was not much left on the property due to lack of enforcement already. She felt there was a lot of work that needed to be done in the area. Council Member Turk motioned to amend the ordinance language to include the recommendation of the Urban Forestry Advisory Board, change to 56 trees, require removal of all invasive species and trash from all three tree preservation easements be implemented prior to the issuance of any certificate of occupancy for the new development and include stream bank restoration on the two parcels that they had offered must be completed. She also included that they must work with the conservation group and those restorations of that riparian erosion zone must be completed prior to issuing certificate of occupancy. Council Member Stafford seconded the motion. Council Member Berna expressed concerns over changing to 56 trees and with the certificate of occupancy amendment. Council Member Moore questioned if the trees would be bonded for a certain amount of time that they needed to have survivability or be replaced. Willa Tomason stated the City had a three year maintenance bond once trees had been installed, and that if 90% of the trees did not survive, the developer would have to replant up to 100%. Council Member Moore expressed concerns over the enforcement and survivability of the trees and questioned if it would be possible to bond the trees for six years instead of three. City Attorney Kit Williams spoke of how one condition that had been included in Council Member Turk's amendment regarding the mitigation of erosion and riparian areas on the parcels prior to the issuance of any certificates of occupancy for new development was already included within the language of the ordinance. He then went on to state that the City Council could change the length of the bond to six years if they wanted to do so. Council Member Moore spoke of how the property was in a great location and would have been great if the trees on it had been preserved. She went on to explain how it was in a walkable area by the University and liked that they had mentioned creating housing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 12 of 19 Council Member Stafford supported the amendment and the removal of the invasive species, erosion fixes and riparian fixes. He felt the City needed to work on enforcement measures as the tree easement had not been treated as it should have been and that there needed to be responsibility to maintain the easements. He went on to speak of how housing benefited the City, and that if the area had a robust tree preservation easement that had been maintained, he probably wouldn't have considered the request, but due to the site's state and that there would be benefit in the removal of the invasive species and reparations and housing, he will consider the amendment. Council Member Wiederkehr spoke of how he was comfortable with the amendment and would want it in place if the item were to pass. He then went on to explain his concerns regarding a potential pattern being set that individuals could be awarded for neglecting their tree preservation easements. He would have difficulty supporting the ordinance. Council Member Turk moved to amend the ordinance language to include the recommendation of the Urban Forestry Advisory Board to add "from 28 trees to 56 trees with a six year maintenance agreement bond." Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. 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. Council Member Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. City Attorney Kit Williams read the ordinance. Council Member Moore acknowledged and appreciated Council Member Wiederkehrs comments. She agreed that individuals did not need to be rewarded for not taking care of their preservation easements. She felt the piece of property was very storied and that there was an opportunity for the City to look at enforcement measures. Council Member Berna spoke of the property and the potential connection to the City's green network. He felt that if the City could get work that improved the properties in exchange for the request, he felt that was a good thing. He would be supportive. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-0-1. Council Member Moore, Berna, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Council Member Wiederkehr voted no. Ordinance 6859 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 April 15, 2025 Page 13 of 19 Rezoning-2025-0006: (91 S. Duncan Ave./Ecological Design Group, 522): An ordinance to rezone the property described in Rezoning Petition RZN 2025-06 for approximately 0.23 acres located at 91 South Duncan Avenue in Ward 2 from RMF-40, Residential Multifamily, 40 units per acre to MSC, Main Street Center 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 future land use map and growth concept map. He went on to speak of the properties infill attributes and noted that the tree preservation requirements would reduce to 10%. He stated there had been public comment received on the request that noted inappropriate behavior by the developer of the property. He stated staff recommended approval and the Planning Commission forwarded it unanimously. He noted Katelynn Hopkins was present as the applicant for the item. Katelynn Hopkins, Engineer in Training with Ecological Design Group spoke of how they were trying to make the property more cohesive with adjoining zoning districts. She stated the project was currently in review with the City's Planning Department. Council Member Turk questioned who had brought the item forward. Katelynn Hopkins stated Ecological Design Group had submitted the application on behalf of the owner of the property. There was then a brief discussion between Council Member Stafford and Jonathan Curth regarding the project and how it had been identified previously, but before it could be considered, it had to have consent from the property owner, which they now had. 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 7-0. Council Member Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones 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 Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Ordinance 6860 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 April 15, 2025 Page 14 of 19 Rezoning-2025-0008: (352 E. 7th St./Briceno, 524): An ordinance to rezone the property described in Rezoning Petition RZN 2025-08 for approximately 0.23 acres located at 352 East 7th 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 with the area and consistent with the City's future land use map designation as a residential neighborhood. He went on to give a brief description of the properties infill attributes and stated the tree preservation requirements for the property would drop to 15%. He stated there were some known wet weather sewer capacity issues, but that there was no current concern given the size of the property and the unlikelihood of it being developed to a significant extent. He noted there had been one public inquiry received on the request, expressing concern about the property's current maintenance. He stated staff recommended approval of the request and the Planning Commission forwarded it by a vote of eight to zero. He noted Nestor Barcino was present as the applicant for the request. Nestor Barcino, Applicant spoke of how there was an apartment complex on the east boundary line of his property that had been miss -zoned, as it was zoned Neighborhood Conservation but was an apartment complex. There was then a brief discussion between Council Member Stafford and Jonathan Curth regarding photographs of the property. There was then discussions of how narrow the property appeared. Council Member Min. Jones questioned what was being proposed to be built on the property. Jonathan Curth cautioned the City Council on questioning that, as they needed to contemplate the zoning district itself, due to whatever being offered as plans for the site could change or not come to fruition. He then clarified that the requested rezoning was to RI-U, Residential Intermediate -Urban, which could have up to a two and a half story unit near the street and then three stories as it segued away from the street. He stated that there was either a multi -family or a quad-plex development to the east of the property. There was a brief discussion between Council Member Min. Jones and Jonathan Curth regarding potential development in the Walker Park area. Jonathan Curth went on to describe the City's Walker Park Illustrative Plan. Council Member Turk and Jonathan Curth went further into specifics regarding development standards on the property. Council Member Stafford displayed an image of the property for everyone to view and spoke of how narrow the lot was. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 15 of 19 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 6-0-1. Council Member Moore, Wiederkehr, Berna, Turk, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Council Member Min. Jones voted no. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-0-1. Council Member Moore, Wiederkehr, Berna, Turk, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Council Member Min. Jones voted no. Ordinance 6861 as recorded in the office of the City Clerk Rezoning-2025-0007: (588 S. Willow Ave/BWB Willow LLC, 524): An ordinance to rezone the property described in Rezoning Petition RZN 2025-07 for approximately 0.22 acres located at 588 South. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the request was compatible from a land use standpoint. He went into a brief description of the allowances under the requested zoning designation and spoke of the Bill of Assurance associated with the request. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council by a vote of 7-0-1. He noted there had not been any public comment received on the item and that Andrew Brink was present as the applicant. Andrew Brink, Planning Commissioner for the City of Fayetteville gave a brief description of the proposal. He spoke of how he had wanted to find a way to provide attainable housing within Fayetteville and felt that the urban neighborhood had seemed a decent fit. Council Member Stafford displayed a picture of the property and briefly spoke of how the units were already being built. He then went on to clarify how the rezoning request seemed to be so the applicant could sell the units as entry level housing for individuals in the City. Council Member Stafford and Andrew Brink went into a brief discussion regarding the number of units and how they would be used. Andrew Brink stated there would be two units in both buildings and then went into detail on how the units would be utilized. Council Member Min. Jones questioned where tenants would park on the property. Andrew Brink stated there were six parking spaces, with an ADA space onsite. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 16 of 19 Council Member Min. Jones spoke of affordable housing and how she appreciated the applicant trying to address that issue within the City. She had concerns with the units being built next to a senior living area and how there was the potential for those seniors to be pushed out of the neighborhood due to being unable to afford taxes with the new, large development. She went on to speak of how the City did not have any planning rules around affordable housing in underserved or marginalized areas. She wanted the City to continue to consider how these issues impacted residents as projects were approved. She questioned how the City could create standards around limiting builds for affordable housing. Council Member Turk wanted clarification on whether the back units would be rented out or sold separately. Andrew Brink stated the units could be sold separately, but that they would basically be a Horizontal Property Regime (HPR). Council Member Moore applauded the project and vision around it. She referenced Council Member Min. Jones' comments and believed the City needed to find a balance there. She appreciated the applicant for keeping the City Council in the loop regarding the project. She hoped others would look at the project and emulate it. Council Member Turk had concerns with the request regarding its process and would not be in support. She stated that oftentimes when the City Council already rezoned to a certain entitlement, they typically did not allow a second rendition to come forward. Council Member Stafford agreed with Council Member Moore. He felt that if the project had been developed into large single family, it would have driven up prices. He felt the development was thoughtful and an appropriate density. He felt the units would provide an opportunity for homeownership for individuals and agreed with the vision. He would be supportive. Council Member Min. Jones spoke of affordable housing and how she wanted to see the City review the difference between social equity and built equity. She spoke of rising taxes and gentrification and how it was a challenge that needed to be reviewed. She wanted to sit with the Planning Department to look into the issue further to try to preserve affordability. Council Member Berna felt the applicant had been very forthcoming and open with his plans. He did not have any issues with how the process had worked out. He looked forward to supporting the request. Council Member Dr. Jones stated he would be supportive of the request as well. He agreed with Council Member Min. Jones comments. He spoke of how Andrew Brink was a Planning Commissioner and questioned if in the future there could be additional conversation made to address the concerns Min. Jones had mentioned. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 17 of 19 Andrew Brink stated those conversations and bringing awareness on how neighborhoods were redeveloped was important. Council Member Dr. Jones appreciated the applicants' forthcomingness and the fact that they had recused themselves from the Planning Commission vote. He spoke of how gentrification was a real issue in the community and that the City was facing a housing crisis. He thanked the applicant for helping to address some of those challenges. 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 6-0-1. Council Member Moore, Wiederkehr, Berna, Turk, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Council Member Min. Jones voted no. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 5-0-2. Council Member Moore, Wiederkehr, Berna, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Council Member Min. Jones and Turk voted no. Ordinance 6862 as recorded in the office of the City Clerk Rezoning-2025-0009: (S. Razorback Rd & S. Ashwood Ave/Cunnings Arkansas, 638): An ordinance to rezone the property described in Rezoning Petition RZN 2025-09 for approximately 5.9 acres located at South Razorback Road and South Ashwood Avenue in Ward 1 from NS-L, Neighborhood Services -Limited to R-A, Residential- Agricultural, and CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that from a land use compatibility standpoint and from a lang range planning standpoint, staff found the request to be compatible and consistent with City Plan 2040. He went on to give a brief description of the infill elements of the property. He stated that with the split zoning designation on the property, there would be a split impact on the tree preservation requirements. He went on to provide details on the history of the property and its zoning designations. He stated there had been public comment received from the University of Arkansas regarding what development might be anticipated on the property and how that might impact view sheds to Old Main. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council by a vote of seven to one. He noted Will Kellstrom was present as the applicant's representative. Will Kellstrom, Attorney gave a brief description of the request and how staff had suggested they rezone the property to CS, Community Services, instead of their original request of Residential Multifamily - 24 Units Per Acre. He would be available to answer any questions regarding the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 18 of 19 request or the site's topography. He stated they would be open to leaving the item on its first reading due to how late the meeting was getting. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding a portion of the property that was within the Hilltop Hillside Overlay District and how that would raise the tree preservation requirements onsite. He then went on to explain how there was Community Services zoned property near the site as well as private property. Council Member Turk stated she would like additional time to think about the request and would appreciate holding it on its current reading. Council Member Min. Jones questioned what the issues with the topography and canopy were on the property. Jonathan Curth stated there wasn't really an issue with them so much as the degree in which they were present on the property. He believed there were concerns with the site being too steep to have any additional entitlements. He went on to comment on the trees on the site and a tour that had taken place when a request had come forward for the property previously. Council Member Min. Jones questioned if there were any issues with runoff from the property impacting the portion of land below it. Jonathan Curth stated he did not believe so, and that no portion or runoff from the property the City Council was considering tonight would flow towards that property. Council Member Min. Jones stated she would like to have a tour of the site. This ordinance was left on the First Reading. Rezoning-2025-0010: (W. Van Asche Dr/Rhoads, 210): An ordinance to rezone the property described in Rezoning Petition RZN 2025-10 for approximately 17.23 acres located on West Van Asche Drive in Ward 2 from C-2, thoroughfare Commercial to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the details of the rezoning request. He called attention to the mix of C-2 Thoroughfare Commercial and C-3 Central Commercial Zoning Districts in the surrounding area. He explained that city staff recommended approval to rezone the property to C-S, Community Services since it was complementary to the surrounding commercial and residential uses. Robert Rhoads, Applicant's Representative spoke about the compatibility of the surrounding area to the C-S, Community Services District rezoning request. He emphasized, should rezoning be 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 15, 2025 Page 19 of 19 approved, the required tree canopy would increase from 15% to 20%. He summarized his presentation and shared that the Planning Commission voted unanimously to approve the item. Clarifying questions were asked by Council Member Moore and Mr. Curth responded by explaining some of the entitlements of the CS, Community Services zoning code. City Attorney Kit Williams also responded by verifying the City Council could not tie the applicant to the proposed development when determining a rezoning request. 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 Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones 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 Moore, Wiederkehr, Berna, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Bunch was absent for the vote. Ordinance 6863 as recorded in the office of the City Clerk Announcements: Keith Macedo, Interim Chief of Staff announced that Centennial Park would be closed this weekend and that there would be an Earth Day celebration on Saturday. City Council Agenda Session Presentations: None City Council Tour: None Adiournment: 10:38 p.m. Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov