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HomeMy WebLinkAbout2025-05-06 - Minutes City Council Meeting Minutes May 6, 2025 Page 1 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting May 6, 2025 A meeting of the Fayetteville City Council was held on May 6, 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 Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Sales Tax & Monthly Financial Report – Chief Financial Officer Steven Dotson, Chief Financial Officer provided a summary of the Sales Tax and Monthly Financial Report. He stated the combined City and County sales tax were up approximately 4.68%. He then went on to explain how the City was down approximately 3.9% overall in the Monthly Financial Report. He proceeded to give a brief description of the percentages in each individual fund. Council Member Moore referenced the 12% increase in Water and Sewer sales. She questioned whether that increase was due to new accounts or if old accounts were experiencing higher usage. 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 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton 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 City Council Meeting Minutes May 6, 2025 Page 2 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Steven Dotson stated it was a mixture of the two. Agenda Additions: None Consent: Fayetteville Animal Shelter Donation (Susan Shelton): A resolution to authorize the Mayor to accept the life insurance proceeds of Susan Shelton, and to recognize Susan Shelton for her donation to the Fayetteville Animal Shelter. Resolution 104-25 as recorded in the office of the City Clerk Tunnell-Spangler-Walsh & Associates (Change Order #3): A resolution to approve Amendment No. 3 to the contract with Tunnell-Spangler-Walsh & Associates d/b/a TSW in an amount not to exceed $5,000.00 for Phase 1 Improvements to Walker Community Park – Park Improvement Bond Project. Resolution 105-25 as recorded in the office of the City Clerk Routeware Global (Service Contract): A resolution to authorize an agreement with Routeware Global, Inc. for recycling and trash collection location monitoring products and services in the amount of $81,438.03, pursuant to a Sourcewell Cooperative Purchasing Contract through May 28, 2026, and future renewal periods. Resolution 106-25 as recorded in the office of the City Clerk National League of Cities Southern Cities Economic Initiative (Grant Acceptance): A resolution to authorize the acceptance of a Southern Cities Economic Initiative Planning Grant in the amount of $15,000.00 to support a project to develop community-driven affordable housing solutions, and to approve a budget adjustment. Resolution 107-25 as recorded in the office of the City Clerk Surfco Restoration & Construction, LLC. (Payment / Insurance Proceeds): A resolution to authorize payment to Surfco Restoration & Construction in the amount of $147,010.18 for the remediation work associated with the City Hall fire sprinkler claim, and to approve a budget adjustment recognizing insurance proceeds in the amount of $147,882.00. Resolution 108-25 as recorded in the office of the City Clerk Flintco, LLC. (Change Order #1): A resolution to approve Change Order No. 1 to the contract with Flintco, LLC in the amount of $10,943,640.00 for the Maple Street Improvements Project, to approve a project contingency in the amount of $300,000.00, to recognize $1,000,000 in additional revenue from the University of Arkansas, and to approve a budget adjustment. City Council Meeting Minutes May 6, 2025 Page 3 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov This item was pulled from Consent Agenda to be discussed further. Arkansas and Missouri Railroad (Agreement Amendment): A resolution to approve an amendment to Resolution 232-22 and authorize the payment of an additional $15,138.06 to the Arkansas and Missouri Railroad for railroad crossing modifications required for the Razorback Road and 15th Street Intersection Project, and to approve a budget adjustment - 2019 Street Improvement Bond Project. Resolution 109-25 as recorded in the office of the City Clerk Benchmark Construction Company of NWA, INC. (Change Order #1): A resolution to approve Change Order No. 1 to the contract with Benchmark Construction Company of NWA, INC. in the amount of $537,471.41 for the College Avenue Improvements Project, and to approve a budget adjustment. Resolution 110-25 as recorded in the office of the City Clerk Lewis Ford (Purchase Agreement): A resolution to approve the purchase of two Ford Mavericks from Lewis Ford in the total amount of $56,150.00, plus any applicable taxes, surcharges, and delivery fees up to 10% of the original purchase price pursuant to Ordinance 6491. Resolution 111-25 as recorded in the office of the City Clerk Rush Truck Center (Purchase Agreement): A resolution to approve the purchase of one dump truck from Rush Truck Centers in the amount of $207,684.35, plus any applicable taxes, surcharges, freight charges or delivery fees up to 10% of the original purchase price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 112-25 as recorded in the office of the City Clerk Holden Industries, INC. (Service Contract): A resolution to award Bid #25-33 and authorize the purchase of standardized low profile tandem axle trailers from Holden Industries, INC within the approved budget as needed through December 31, 2025. Resolution 113-25 as recorded in the office of the City Clerk Acme Trenchless, INC. (Purchase Agreement): A resolution to waive competitive bidding and approve the purchase of one excavator attachment with accessories from Acme Trenchless inc. In the amount of $31,278.75 plus any additional freight charges and delivery fees, and to approve a budget adjustment. Resolution 114-25 as recorded in the office of the City Clerk Randall Ford of Fort Smith (Purchase Contract): A resolution to approve the purchase of a Ford Explorer, Ford F550 and Hybrid Ford F150 from Randall Ford in the total amount of City Council Meeting Minutes May 6, 2025 Page 4 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov $195,470.98, plus any applicable taxes, surcharges, and delivery fees pursuant to Ordinance 6491, and to approve a budget adjustment. Resolution 115-25 as recorded in the office of the City Clerk Olsson, INC. (Amendment No. 1): A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Olsson, INC. in an amount not to exceed $63,200.00 for additional services associated with replacing coating systems and updating safety systems at the Baxter Water Storage Tank. Resolution 116-25 as recorded in the office of the City Clerk Garver, LLC. (Service Agreement): A resolution to award RFQ #25-01, Selection #5, and authorize a Professional Engineering Services Contract with Garver, LLC in an amount not to exceed $303,704.00 for the preliminary design of improvements to the Noland Water Resource Recovery Facility. Resolution 117-25 as recorded in the office of the City Clerk J.A. Riggs Tractor Co. (Equipment Purchase): A resolution to award Bid #25-21 and authorize the purchase of Switchgear Equipment from J.A. Riggs Tractor Company in the amount of $993,580.00, plus any applicable taxes, for the Noland Water Resource Recovery Facility. Resolution 118-25 as recorded in the office of the City Clerk Carollo Engineers, inc. (Service Agreement): A resolution to approve an agreement with Carollo Engineers, INC. in an amount not to exceed $176,358.00 for the 2025 water and sewer rate and impact fee studies, to approve a project contingency in the amount of $20,000.00, and to approve a budget adjustment. Resolution 119-25 as recorded in the office of the City Clerk Hawkins-Weir Engineers, INC. (Amendment No. 4): A resolution to approve Amendment No. 4 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, inc. in an amount not to exceed $395,840.00 for additional services associated with utility relocations along Martin Luther King JR. Blvd. at the I-49/Hwy-62 interchange. Resolution 120-25 as recorded in the office of the City Clerk Discontinue City Health Officer Position (Resolution): A resolution to repeal Resolution 173- 20 and reestablish the Board of Health without an appointed City Health Officer. Resolution 121-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Council Meeting Minutes May 6, 2025 Page 5 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Item pulled from Consent Agenda for further discussion Flintco, LLC. (Change Order #1): A resolution to approve Change Order No. 1 to the contract with Flintco, LLC in the amount of $10,943,640.00 for the Maple Street Improvements Project, to approve a project contingency in the amount of $300,000.00, to recognize $1,000,000 in additional revenue from the University of Arkansas, and to approve a budget adjustment. Chris Brown, Public Works Director gave a brief description of the item. He went on to explain how the project would be scheduled to start in the summer and continue on through next summer. This item was pulled from the Consent Agenda due to the item’s previous Budget Adjustment not being correct. Council Member Moore moved to amend the resolution to replace the budget adjustment Estimated – BA (#9) with Final – BA(#3). Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Council Member Moore moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed unanimously. Resolution 122-25 as recorded in the office of the City Clerk 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. At the March 18, 2025 City Council Meeting this ordinance was left on the Second Reading. At the April 1, 2025 City Council Meeting this ordinance was tabled to the May 6, 2025 City Council Meeting. Council Member Moore expressed appreciation to Mayor Rawn and the Economic Development Team for their thoughtfulness on the process. She asked the City Council to table the item to the June 17, 2025 City Council meeting as a new report would be coming out with information that would answer questions that both the City Council and the public had. She thanked the City Council for their patience and expressed appreciation for the community's input on the item. She acknowledged the complexity of addressing the housing crisis and thanked both property owners and renters for their feedback. There was then a brief discussion between Council Member Turk and Council Member Moore regarding when the report would be available. Council Member Moore clarified she would bring the report forward at the May 27, 2025 City Council Agenda Session. Council Member Moore moved to table the ordinance to the June 17, 2025 City Council Meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Council Meeting Minutes May 6, 2025 Page 6 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov This ordinance was left on the Second Reading and tabled to the June 17, 2025 City Council meeting. Chapter 172 Parking Requirements (Amendment): An ordinance to amend Chapter 172 Parking and Loading of the Unified Development Code to revise the City's regulations related to residential parking requirements, parking reductions, and parking lot location standards, and to declare an emergency. At the January 7, 2025 City Council Meeting, this ordinance was tabled indefinitely. At the April 15, 2025 City Council Meeting, this ordinance was removed from the table and placed on the agenda. This item was amended and left on the Second Reading. Mayor Rawn reminded the audience to keep their public comments respectful. She went on to mention how there was an additional amendment that was distributed today and wanted confirmation if it made it to the online packet. City Clerk Treasurer Kara Paxton stated she had sent an email to all Council Members that mentioned the proposed amendments from Council Member Berna. There was an amended Exhibit A and Exhibit B. Mayor Rawn stated there was a proposed amendment from Council Member Stafford. City Clerk Treasurer Kara Paxton stated she had not received it. City Attorney Kit Williams confirmed the first major amended proposal was sent out the prior week by Council Member Berna. He sent out the memo because Council Member Stafford came by with potential amendments. He went on to explain how he had not send them to the City Clerk’s Office as they weren’t all in amendment format. He suggested the Council either suspend the rules and he would read the title, or they could go into amendments. Mayor Rawn stated she would like to go into amendments first. City Attorney Kit Williams stated he would hand the explanation of the amendment over to Council Member Berna. Mayor Rawn stated Council Member Stafford would be allowed the same opportunity. Council Member Berna summarized his proposed amendments, which he felt were a good compromise for all parties involved. He stated it was critically important to have the safety departments review the proposals. He went on to speak of how he represented not only Ward 3, but the City as a whole, and he had to put his community first. He hoped everyone would consider the amendments as a reasonable compromise. Mayor Rawn called on Council Member Stafford for his amendment. Council Member Stafford stated it would be easier to do the amendments one at a time and referred to City Attorney Kit Williams for his opinion. City Attorney City Williams recommended the Council vote on Council Member Berna’s amendment first due to its size, then move to the smaller amendments by Council City Council Meeting Minutes May 6, 2025 Page 7 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Member Stafford. Mayor Rawn stated she knew how it influenced and impacted people when they did not have all of the information on the table. She questioned why one amendment had been sent out but not the other. City Attorney Kit Williams stated he had not received Council Member Stafford’s proposed amendments until May 5, 2025. He stated Council Member Berna’s amendments would add major potential changes that once approved, Council Member Stafford’s amendments would fill in blanks that had not been addressed. Mayor Rawn stated she understood and reaffirmed that the City Council was discussing Council Member Berna’s amendments that were included in the agenda packet. Council Member Turk moved to amend the language of the ordinance to Council Member Berna’s proposed amendment in attachment Ordinance Amendment (#8 -1), Exhibit A Amendment (#8-2) and Exhibit B Amendment (#8-3). Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Council Member Stafford asked City Attorney Kit Williams if he should bring the amendments separately or package them as one. City Attorney Kit Williams stated it was Council Member Stafford’s choice. Council Member Stafford stated he wanted to make the amendments in good faith. He apologized for not getting them in in time to be included in the agenda packet. Council Member Stafford gave a brief summary of his first amendment. He wanted to add language to (D) Compact Spaces. A maximum of 35% of the total spaces are allowed for non-residential uses and a maximum of 20% are allowed for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker. He hoped everyone would support this amendment. He asked City Attorney Kit Williams if the Council would vote on the item now or later. City Attorney Kit Williams reviewed and read the changes that would need to be made to the item. Council Member Stafford stated City Attorney Kit Williams had mentioned he could not use the word “commercial”, that he would need to say “non-residential” because it encompassed industrial zones and those alike. City Attorney Kit Williams stated that it was Council Member Stafford’s decision. Council Member Turk asked to separately vote for the width change and the compact space percentage. Council Member Stafford stated he was amenable, but he did not think it was necessary. Council Member Turk stated she thought it was necessary and that it would be helpful to do so. Mayor Rawn asked for clarification on which item would be voted on first. Council Member Stafford stated they would vote on the percentage first. Council Member Berna requested clarification on where Council Member Stafford came up with 20%. Council Member Stafford stated he would have preferred it to be the original 35% but he wanted to be amenable to the City Council. He would like to provide a large enough number to where engineers would have the flexibility to fit the proper amount of parking spaces. City Attorney Kit Williams read the proposed amendment. Council Member Stafford moved to approve the amend to ordinance language to (D) Compact Spaces. A maximum of 35% of the total spaces are allowed for non-residential uses and a maximum of 20% are allowed for residential parking. Compact spaces shall be marked either by marking on the pavement or by separate marker. Council Member Moore seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Berna, Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Turk voted no. City Council Meeting Minutes May 6, 2025 Page 8 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Rawn thanked the public for their patience while navigating the item and expressed her appreciation. She asked City Attorney Kit Williams to read the amendment regarding the width requirements of compact spaces. Council Member Stafford moved to amend the ordinance language to §172.04 (E) Dimensional Requirements, Table 1, to change the width requirements of compact spaces from 7.5 feet to 8 feet, except for parallel parking spaces. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. There was a brief discussion that addressed which amendment was being proposed next and how many amendments Council Member Stafford had brought forward. City Attorney Kit Williams had not drafted the item Council Member Stafford had begun to address but stated that he could draft the amendment if the Council passed it. Mayor Rawn asked for clarification on what the amendment was. City Attorney Kit Williams and Council Member Stafford clarified the amendment was for small developers to not have their parking plan reviewed by the Planning Commission or City Council if it was 50 units or less. Council Member Stafford stated he wanted small developers to have surety in what they are doing and to not turn what was an administrative process into a political process. Council Member Stafford, Turk and Wiederkehr had a brief discussion with City Attorney Kit Williams and Jonathan Curth regarding the approval process for small developers regarding a 0- 50 bedroom unit. Council Member Moore asked if the amendment could be displayed on the screen for the public due to the extensive conversation. Mayor Rawn stated the proposed amendments were not included in the packet so it would not be possible. Council Member Berna and Jonathan Curth had a brief discussion about the appeals chapter in the City of Fayetteville Code. Jonathan Curth stated that one of the tension points with parking was that parking allowances were by right, it was not a determination staff would make so there would be nothing to appeal. Council Member Berna asked if Council Member Stafford’s amendment would give developers from 0 – 50 units something they were not already receiving. Jonathan Curth answered that with the amendment, once the developers received that determination from the fire marshal and lead planner, they would move forward with their project which had not been something they could do. Council Member Turk asked Council Member Stafford about the appeals process and what was changing with the amendment. Mayor Rawn asked Jonathan Curth to clarify what was allowed currently and then for Council Member Stafford to point out what he wanted to change. Jonathan Curth briefly described what the City of Fayetteville Code currently allowed for projects of 50 beds or less to have a by right reduction. He stated what he understood from Council Member Stafford was to make projects of 50 beds or less not subject to Planning Commission allowance. City Attorney Kit Williams stated an amendment would have to be done to the appeals chapter in order to put in an exception. City Council Meeting Minutes May 6, 2025 Page 9 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth stated the concerns he had heard from other City Council Members was that small developers would not have an outlet to appeal staff’s decision. He clarified that Council Member Stafford was not wanting to prohibit small developers from being able to appeal, but to be given certainty earlier in the project. Council Member Wiederkehr commended Jonathan Curth for his explanation. He stated that if that is what Council Member Stafford wanted to do then he would be amenable to it. Council Member Turk asked if a zoning employee, Fire Department and Police Department determined on a less than 50 bed unit that they could not achieve 35% parking reduction and that there would only be 10% available, could the developer appeal that decision. Jonathan Curth stated that it was his read of the ordinance, but it would be up to City Attorney Kit Williams to interpret the code. City Attorney Kit Williams stated if that is the City Council’s policy he would write a provision that would allow that so only the developer could appeal, and the Planning Commission could not review to reduce anything. Council Member Berna asked if Council Member Stafford would consider moving forward on other aspects of the ordinance and come back to this amendment. Council Member Stafford stated he would like to see the item voted on and if it was voted down he could bring it back at a later point. He stated this amendment was important to him. Council Member Wiederkehr and City Attorney Kit Williams had a discussion on the language in Section C of Exhibit A. City Attorney Kit Williams stated he could add a sentence to protect small developments. Council Member Stafford was amenable to that option. Council Member Berna requested City Attorney Kit Williams read the ordinance with the wording change. City Attorney Kit Williams read the ordinance. Council Member Stafford moved to amend the ordinance to add the language “however, the Planning Commission may not reduce the reduction of mandatory minimum parking granted by the zoning and development administrator for developments of less than 50 units”. Council Member Berna seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Berna, Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Turk voted no. Council Member Stafford stated he would like to change the amount listed in Exhibit A from 25% to 35%. Council Member Stafford moved to amend the language in Exhibit A §172.05 (B)(I)(a) developments of 1 – 50 bedrooms may be allowed a maximum reduction of 35%. Council Member Moore seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Berna, Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Turk voted no. City Council Meeting Minutes May 6, 2025 Page 10 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Stafford stated he would like to update the amounts listed under Section B to reflect 51 - 150 and Section C to reflect 151 - 250. Council Member Berna stated he had concerns about this amendment and would like to have information on how Council Member Stafford came up with the changes. Council Member Stafford moved to amend the ordinance language in §172 (B) to 51 – 150 and (C) 151 - 250. Minister Jones seconded the motion. Upon roll call the motion failed 2-6. Council Member Stafford and Moore voted yes. Council Member Wiederkehr, Berna, Bunch, Turk, Min. Jones and Dr. Jones voted no. Council Member Min. Jones asked if changes were made to the thresholds on Sections B and C if that would change the required minimum. Council Member Stafford stated it would not change the percentages as written in the amendment. Council Member Turk asked if City Attorney Kit Williams or Jonathan Curth could read the changes made to the ordinance. City Attorney Kit Williams read the amended ordinance. Council Member Berna asked if Fire Chief Brad Hardin could give a summary of his concerns. Brad Hardin, Fire Chief provided a brief summary of his concerns and noted that what he was most concerned about were the large developments. The City Council received 18 public comments regarding this ordinance. Council Member Moore stated the proposed parking ordinance was too broad, impacting the entire city rather than specifically addressing the core issue of purpose-built student housing and large developments. She stated she could not be supportive of the ordinance. Council Member Wiederkehr stated he didn’t hear anyone mention that the unused bike and motorcycle parking was wasted surface area that could have been used for housing. He does not want residential long term vehicle storage to impact shorter term turnover. He was asking for a more strategic approach towards ensuring multiple developments were able to take advantage of developing in Fayetteville. He hoped the item passed so individuals could move to the 71B Corridor and have the density Fayetteville needed. Council Member Bunch stated the problem was purpose built student housing in downtown that had caused problems for neighborhoods and safety workers. She was concerned about student housing being driven off into other subdivisions and other areas in Fayetteville. She had concerns on both sides of this issue, but she was leaning towards voting for the item. City Council Meeting Minutes May 6, 2025 Page 11 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna discussed the 2040 Plan and stated that Fayetteville had some of the most relaxed requirements for student housing. He stated that the City Council would have to adjust, or Fayetteville was going to be adversely affected. Council Member Stafford stated he did not agree with the legislation but wanted to thank Council Members that had voted for his amendments. He understood the problem but felt it was being solved in the wrong way, and it would hurt small and medium sized developers. Council Member Turk stated there had been a lot of meetings and work that had gone into the item. She would be happy to review the data from the ordinance a year from now and make the adjustments that were needed. She stated there needed to be lower income housing built so the workforce could afford to live in Fayetteville. She encouraged conversation regarding a transit tax and stated there was a need to speak with the University of Arkansas to create regulations and requirements that were in sync with what the university was doing. She asked for support on the item. There was a brief discussion between Mayor Rawn, Council Member Stafford, Council Member Moore, City Attorney Kit Williams and City Clerk Treasurer Kara Paxton about the Rules of Order and Procedure in regard to Council Members speaking time limits. Council Member Stafford wanted to thank local developers Rob Sharp and Brian Teague for bringing forward important questions that needed to be asked to City Council. He suggested tabling the item. Council Member Dr. Jones wanted to know if there was new information Council Member Stafford wanted to acquire and why he wanted to table the item. Council Member Stafford stated that new information had been handed out at the meeting by Rob Sharp and he wanted time to review it. Council Member Stafford moved to table the ordinance to the May 20, 2025 City Council meeting. Council Member Min. Jones seconded the motion. Upon roll call the motion failed 2-6. Council Member Stafford and Min. Jones voted yes. Council Member Wiederkehr, Berna, Bunch, Turk, Dr. Jones and Moore voted no. 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 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Min. Jones, Dr. Jones and Moore voted yes. Council Member Stafford voted no. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Min. Jones and Moore voted no. City Council Meeting Minutes May 6, 2025 Page 12 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk moved to approve the emergency clause. Council Member Dr. Jones seconded the motion. Upon roll call the emergency clause failed 5-3. Council Member Wiederkehr, Berna, Bunch, Turk and Dr. Jones voted yes. Council Member Min. Jones, Stafford and Moore voted no. Council Member Berna asked when the ordinance would go into effect. City Attorney Kit Williams stated that it would go into effect within 31 days from the passage of council. Ordinance 6864 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. At the April 15, 2025 City Council meeting this ordinance was left on the First Reading. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and noted that there had been a tour of the property on May 5, 2025. He went on to explain the developer’s intent for the request. He stated the property was within the Hillside Hilltop Overlay District and that there would be roughly a 27% tree canopy requirement across the entirety of the site. He then went on to explain how the developer planned to do significant grading on the uphill portion of the property to reduce steep slopes. He stated staff recommended approval of the request and noted that Will Kellstrom was available as the applicant. Will Kellstrom, Attorney with Watkins Law Office gave a brief description of their request. He went on to explain how they planned to fix the grading on the site with a retaining wall across the back of the property that would take the slope down from 12 – 17% to 7 – 9%. Council Member Bunch moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk thanked the applicant for the excellent tour they provided. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6865 as recorded in the office of the City Clerk New Business: City Council Meeting Minutes May 6, 2025 Page 13 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Streamside Protection Zone Mapping (Amendment): An ordinance to approve an amendment to the streamside protection zone mapping for property located at 3352 North Highway 112. City Attorney Kit Williams read the ordinance. Chris Brown, Public Works Director gave a brief summary of the ordinance. He stated the applicants engineer wanted to remove a section of the stream from the Stream Side Protection Map. He went on to explain how the area functioned as a roadside ditch. Council Member Turk and Chris Brown had a brief discussion regarding the stream on site. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6866 as recorded in the office of the City Clerk Authorize Board of Adjustment appeals to City Council (Amendments): An ordinance to amend Chapter 155 Appeals and § 156.02 Zoning Regulations of the Unified Development Code to provide that Board of Adjustment decisions may be appealed to the City Council, and to clarify various appeal procedures. City Attorney Kit Williams read the ordinance. He then gave a brief explanation for why he brought the item forward, one of the reasons being that state law had changed and had now allowed the Board of Adjustment decisions to be appealed to the City Council instead of just the Circuit Court. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6867 as recorded in the office of the City Clerk City Council Meeting Minutes May 6, 2025 Page 14 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Enact Fees for Utility Televising Services (Amend Ch. 51 – Water & Sewer): An ordinance to amend Chapter 51, Water and Sewers of the Fayetteville Code of Ordinances to enact fees for utility televising services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a summary of the ordinance and went on to explain how the City had recently implemented user fee changes. He noted that during the changes, a need had been identified for a televised service fee for the Water and Sewer Department. He continued to explain what that would entail, and stated staff recommended approval. Council Member Bunch moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6868 as recorded in the office of the City Clerk Revise Lot Frontage Requirements to Promote Housing Opportunities (Amend Ch. 151): An ordinance to amend Section 151.01 definitions of the Unified Development Code to revise lot frontage requirements. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a summary of the ordinance and provided information about the definition of a frontage lot. He stated the request aimed to provide more flexibility in how lot width and frontage were defined, which could potentially reduce development cost and infrastructure requirements. Council Member Wiederkehr moved to amend Section 151.01 Definitions of the Unified Development Code to Revise Lot Frontage Requirements and to Repeal Section 164.16 Structures to have access. Council Member Berna seconded. Upon roll call the motion passed unanimously. Council Member Min. Jones, Council Member Turk and Jonathan Curth had a brief discussion regarding who created the definition of safe and convenient access for fire and sanitation vehicles. They then went into clarifying questions about public and private alley ways. The City Council received 6 public comments regarding this ordinance. Council Member Turk asked if there were any peer cities that had implemented this that had data she could review. City Council Meeting Minutes May 6, 2025 Page 15 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth answered no. Council Member Stafford expressed excitement and support for the ordinance. Council Member Moore and Jonathan Curth had a clarifying conversation regarding how to achieve what the ordinance could accomplish by other means, if it did not pass. Council Member Moore expressed her appreciation and liked to see Fayetteville leading. She would like the item to move forward. Council Member Turk expressed she would like to hold the ordinance for two weeks to get more information. 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 5-3. Council Member Wiederkehr, Berna, Bunch, Stafford and Moore voted yes. Council Member Turk, Min. Jones and Dr. Jones voted no. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Member Wiederkehr, Berna, Bunch, Stafford and Moore voted yes. Council Member Turk, Min. Jones and Dr. Jones voted no. Ordinance 6869 as recorded in the office of the City Clerk Add Flexibility to Accessory Dwelling Units Regulations to Promote Housing Opportunities (Amend Ch. 164 & 171): An ordinance to amend Sections 164.19 Accessory Dwelling Units and 171.13 Property Owner to construct sidewalk or contribute cost of sidewalk of the Unified Development Code to add flexibility to the regulations for accessory dwelling units. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a summary of the ordinance. He explained what an Accessory Dwelling Unit was and that the item was brought forward due to new state legislation. He went on to speak of the accessibility and affordability of building an Accessory Dwelling Unit and how the ordinance would reduce the barriers locally. He stated staff recommended approval of the request. He noted how the City Attorney’s Office had issued a memo the previous day regarding the item. He would be available for any questions. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the average size of an Accessory Dwelling Unit and if there was an ideal goal for seeing them built. The City Council received 5 public comments regarding this ordinance. City Council Meeting Minutes May 6, 2025 Page 16 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk expressed concern about the lack of parking that was required specifically when there was no cap on unrelated people in the Accessory Dwelling Unit. She supported getting rid of the sidewalk requirement. Council Member Stafford extended a thank you to Arkansas State House Representative Nicole Clowney for taking what Fayetteville had done statewide. He briefly expressed how the language that defined a family affected them personally. Council Member Moore echoed thanks for the leadership and support of State House Representative Nicole Clowney and Arkansas Senator Bart Hester. She spoke on how she wished that Accessory Dwelling Units were more achievable, and she looked forward to supporting the item. Council Member Moore then moved to suspend the rules and go to the third and final reading. Council Member Turk expressed how she wanted to make a motion to amend before the item went to its third and final reading. She wanted to amend the ordinance to retain the cap of two people per Accessory Dwelling Unit. Mayor Rawn then questioned how to handle this procedurally. City Attorney Kit Williams clarified the item could be amended either at this time or afterwards. He then questioned what Council Member Turk wanted subsection six to read as. Council Member Turk wanted it to read “A maximum of two persons shall be permitted to reside in an Accessory Dwelling Unit.” Mayor Rawn then clarified there had not been a second for either motion. Council Member Stafford seconded to go to the third and final reading. Council Member Moore 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 7-1. Council Member Wiederkehr, Berna, Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Turk voted no. Council Member Turk motioned to amend the ordinance to retain the cap of two people per Accessory Dwelling Unit. Council Member Stafford had a clarifying question for Jonathan Curth regarding how many feet were allowed for an Accessory Dwelling Unit. Council Member Stafford then asked City Attorney Kit Williams about how the state says you had to allow 1000 square feet per unit. City Attorney Kit Williams clarified that the state law would not go into effect until January 2026, so the ordinance would not be legal at this point in time, but an amendment would need to be made by January 2026 to comply with state law. Council Member Stafford stated that he would not be opposed to a certain cap and would be willing to come back and amend the item, but he was not supportive of a two person cap. Mayor Rawn asked if there was second to Council Member Turk’s motion to amend. Council Member Turk’s motion died for lack of a second. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Wiederkehr, Berna, Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Turk voted no. Ordinance 6870 as recorded in the office of the City Clerk City Council Meeting Minutes May 6, 2025 Page 17 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Modify Prefabricated Construction Standards to Promote Housing Opportunities (Amend Ch. 151 & 164): An ordinance to amend Sections 151.01 Definitions and 164.15 Prefabricated Construction of the Unified Development Code to adopt Modular Construction Regulations. City Attorney Kit Williams read the ordinance. Council Member Berna suggested tabling the item due to the current length of the meeting and the other items the City Council still needed to address. Council Member Berna moved to table the ordinance to the May 20, 2025 City Council Meeting. Council Member Bunch seconded the motion. Upon roll call the motion tied 4-4. Council Member Berna, Bunch, Turk and Dr. Jones voted yes. Council Member Wiederkehr, Min. Jones, Stafford and Moore voted no. There was a brief discussion amongst City Attorney Kit Williams and Mayor Rawn regarding whether or not the Mayor would like to vote. Mayor Rawn voted yes. This ordinance was left on the first reading and tabled to the May 20, 2025 City Council meeting. Vacation-2025-0004: (191 S. Hill Ave./Verve, 522 - Utility Easement): An ordinance to approve VAC-25-04 for property located at 191 South Hill Avenue in Ward 2 to vacate 0.24 acres of general utility easements. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the ordinance. He spoke of how the project was brought to the Planning Commission where it had been approved for a 272 unit project. He noted staff had identified no issue with the proposal and the franchise utilities had consented. Staff had recommended approval of the request and that Adam Osweiler was present as the applicant. Adam Osweiler, McClellan Engineering stated that he was available for questions. City Attorney Kit Williams questioned if all utilities had agreed to the vacation. Adam Osweiler stated they had. Council Member Moore wanted to table items C.8 – C.12 due to the fatigue of the Council at the late hour. Mayor Rawn asked City Attorney Kit Williams if that could be done. City Attorney Kit Williams stated it was not the normal procedure; the Council would have to table each item individually. City Council Meeting Minutes May 6, 2025 Page 18 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov There was a brief discussion amongst the City Council regarding a past City Council meeting where the meeting had been adjourned and then resumed at a later date due to a lengthy agenda. Council Member Berna stated that he had brought forward tabling the previous item because it was going to be a lengthy discussion. He stated that these other ordinances were cut and dry and there would probably be little discussion. Mayor Rawn asked if there was a motion to table the item or if there were any clarifying questions for Jonathan Curth or the applicant. Council Member Moore moved to table the ordinance to the May 20, 2025 City Council meeting. Council Member Min. Jones seconded the motion. Upon roll call the motion failed 3-5. Council Member Min. Jones, Dr. Jones and Moore voted yes. Council Member Wiederkehr, Berna, Bunch, Turk, and Stafford voted no. Council Member Moore requested the Council not advance on the item. She stated the item was a purpose built student housing development that had gotten a lot of feedback from the community. She then went on to speak of how there would be an item that was specific to purpose built student housing at the next City Council meeting that all projects would fall under if approved alongside the emergency clause. Council Member Stafford stated that he was ready to vote on the item, and he wanted to move forward. Mayor Rawn stated she did not hear a motion to suspend the rules and there was no further discussion on Zoom. This ordinance was left on the First Reading. Vacation-2025-0005: (191 S. Hill Ave./Verve, 522 - Street Right-Of- Way): An ordinance to approve VAC-25-05 for property located at 191 South Hill Avenue in Ward 2 to vacate 0.05 acres of street right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director briefly described the item. He stated the developer would rededicate the vacated areas to build sidewalks, parking, and transit facilities for the large-scale development project. Staff had not identified any issues and the franchise utilities consented to the request. He noted the Planning Commission had forwarded the item unanimously and recommended approval with no comments. Adam Osweiler, representing McClellan Engineering, was available for questions. Adam Osweiler, McClellan Engineering stated the vacations were contemplated in their large scale development plan. City Council Meeting Minutes May 6, 2025 Page 19 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 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 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Min. Jones and Moore voted no. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Min. Jones and Moore voted no. Ordinance 6871 as recorded in the office of the City Clerk Vacation-2025-0013: (3661 W. Wedington Dr.): An ordinance to approve VAC-25-13 for property located at 3661 West Wedington Drive in Ward 4 to vacate 0.95 acres of tree preservation. City Attorney Kit Williams read the ordinance. Willa Thomason, Urban Forester briefly described the item. Staff had recommended approval of the item contingent that the applicant dedicate an additional 2.3 acre tree preservation easement directly abutting the existing easement on the Ozark Electric Campus. She stated that there had been public comment, and the Urban Forestry Advisory Board had drafted a letter that requested the item be left on the first reading to have time to supply more input. She was available for questions. Sean Johnson, with Crafton Tull represented Ozarks Electric stated that he hoped everyone was able to make it to the site to view the dedication area and hoped everyone would approve the item contingent on dedicating 2.3 acres. Council Member Moore questioned what was going to be potentially developed. Sean Johnson, with Crafton Tull stated that he did not know but he assumed it was development to add on to their existing site. There was a brief discussion between Council Member Moore and Willa Thomason regarding how many acres were available on the site. Willa Thomason clarified that she had not measured, but thought there to be roughly 2.5 acres. She then went on to explain the City of Fayetteville’s Code regarding trees and having a three year maintenance bond. She did not see a reason why an amendment couldn’t be placed in the ordinance to increase the length of that bond. Council Member Moore asked if there was a requirement for ongoing routine maintenance. Willa answered that it was not a condition that staff wrote in as a recommendation. Council Member Stafford questioned if the Urban Forestry Advisory Board wanted to weigh in on the item and possibly bring recommendations for additional conditions. City Council Meeting Minutes May 6, 2025 Page 20 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Willa Thomason stated that the Urban Forestry Advisory Board had emailed and sent a letter that requested to leave the item on the first reading. Council Member Stafford stated the Urban Forestry Advisory Board would be meeting on May 7, 2025. The City Council received 2 public comments regarding this ordinance. Council Member Turk made the recommendation to leave the item on the first reading. This ordinance was left on the First Reading. Council Member Berna wanted clarification with City Attorney Kit Williams regarding item C.8. He stated that Council Member Stafford had previously made a motion to suspend the rules and go to third reading but did not have a second on the motion. Council Member Berna wanted to know if there was an option to reconsider his stance and second the motion. He stated it did not seem logical to approve item C.9 and not approve item C.8 when it was tied to the same project. City Attorney Kit Williams stated that it was not an option. Vacation-2025-0011: (2828 N. Mansfield Ave./Drake Farms, 250 - Utility Easements): An ordinance to approve VAC-25-11 for property located at 2828 North Mansfield Avenue in Ward 2 to vacate three portions of general utility easements containing a total of 1.11 acres. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director briefly described the item. He stated that the large master development intent had changed for the property. The developer had re-evaluated what their plans were for the property and would like to vacate and rededicate them as part of the development proposal to ensure they would not encroach on future plans. He stated there were three conditions of approval and that staff recommended approval. Staff had identified no issues with the item. Erin Adkins-Oury, Director of Commercial Development with High Street Real Estate was available for questions. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6872 as recorded in the office of the City Clerk City Council Meeting Minutes May 6, 2025 Page 21 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Vacation-2025-0012: (2828 N. Mansfield Ave./Drake Farms, 250 - Access Easement): An ordinance to approve VAC-25-12 for property located at 2828 North Mansfield Avenue in Ward 2 to vacate 0.38 acres of access easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the item. He stated staff had identified no issues with the request and noted that Erin Adkins-Oury, Director of Commercial Development with High Street Real Estate was available for questions. Council Member Berna 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6873 as recorded in the office of the City Clerk Announcements: Keith Macedo, Interim Chief of Staff stated that the Walker Park and Gully Park splash pads would open when the weekend starts and would continue through the remainder of the summer at the upper and lower ramble. City Council Agenda Session Presentations: None City Council Tour: Cunnings Arkansas/Selph Rezoning Time: 4:00 pm Address: SW of S. Razorback Rd./W. Cato Springs Rd. Parking: On-street along Ashwood Ave. Request: Rezoning 5.9 acres from NS-L, Neighborhood Services-Limited to R-A, Residential Agricultural and CS, Community Services Ozarks Electric Tree Preservation Easement Vacation Time: 4:45 pm Address: West End of Jewell Rd., SW of Walmart Parking: On-street along Jewell Rd. City Council Meeting Minutes May 6, 2025 Page 22 of 22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Request: Vacating 0.95 acre existing tree preservation easement and dedicate 2.3 acres of new tree preservation easement Adjournment: 10:53 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer