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HomeMy WebLinkAbout2025-05-20 - Minutes - City Council Meeting Minutes May 20, 2025 Page 1 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting May 20, 2025 A meeting of the Fayetteville City Council was held on May 20, 2025 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Molly 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, Senior Deputy City Clerk Jackson Shelton, Chief of Staff Keith Macedo, Chief Financial Officer Steven Dotson, Staff, Press and Audience. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: SWEPCO (Rate Case Intervention): A resolution to authorize the City Attorney to file a motion to intervene on behalf of the City of Fayetteville in Arkansas Public Service Commission Proceeding 25-003-U and oppose the application of Southwestern Electric Power Company to increase its rates. Council Member Berna moved to suspend the rules and add the proposed resolution to the agenda. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. 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 20, 2025 Page 2 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna, Bunch, Turk, Stafford, Dr. Jones, Moore, and Wiederkehr voted yes. Council Member Minister Jones was absent. Peter Nierengarten, Environmental Director explained the history of the relationship between the City of Fayetteville and SWEPCO. He went on to explain that SWEPCO was in the process of seeking a rate increase of 20-40%. The increase would have a direct impact on the citizens and the municipality of Fayetteville. The increase for the City of Fayetteville was estimated to be $150,000 a year. Mr. Nierengarten summarized his statements by explaining that the Sierra Club, Walmart, and the University of Arkansas have already reached out to the Arkansas Public Service Commission to intervene. There was a brief discussion between Council Member Bunch and City Attorney Kit Williams. Mr. Williams verified that Fayetteville is considered the largest city in the SWEPCO service territory. The City Council received 1 public comment on this resolution. Council Member Bunch moved to approve the resolution. Council member Turk seconded the motion. Upon roll call the motion passed unanimously. Resolution 123-25 as recorded in the office of the City Clerk Consent: Consolidation of Fleet Projects (Budget Adjustment): A resolution to approve a budget adjustment to consolidate fleet projects for expansion and replacement vehicles. Resolution 124-25 as recorded in the office of the City Clerk West Avenue Historical Marker (St. John’s Bar): A resolution to approve the installation of a historical marker on West Avenue recognizing the history of Fayetteville pride and the building that was home to St. John’s Bar. Resolution 125-25 as recorded in the office of the City Clerk Comfort Systems USA (Arkansas), Inc. (Service Contract): A resolution to award Bid #25-32 and authorize a contract with Comfort Systems USA (Arkansas), Inc. for inspection of backflow prevention equipment on an on-call basis for one year with four automatic one-year renewals. Resolution 126-25 as recorded in the office of the City Clerk ARDOT – M.L.K. Pedestrian Improvements Project (Agreement of Understanding): A resolution to authorize an agreement of understanding with the Arkansas Department of Transportation for the M.L.K. Pedestrian Improvements Project, and to approve a budget adjustment recognizing $500,000 in federal-aid funding. City Council Meeting Minutes May 20, 2025 Page 3 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 127-25 as recorded in the office of the City Clerk Garver, LLC. (Service Contract): A resolution to approve task order no. 11 with Garver, LLC. in the amount of $38,000.00 for consultation services related to the acquisition of a new aircraft rescue and fire fighting vehicle for Drake Field, and to approve a budget adjustment. Resolution 128-25 as recorded in the office of the City Clerk Arkansas Department of Aeronautics Grant Application - $200,000 (Drake Field Pavement & Remarking Project): A resolution to authorize an application for an Arkansas Department of Aeronautics grant in the amount of $200,000.00 to fund 90% of the costs of the pavement crack sealing and remarking project at Drake Field. Resolution 129-25 as recorded in the office of the City Clerk Arkansas Department of Aeronautics Grant Application - $300,000 (Drake Field Hangar Improvements): A resolution to authorize an application for an Arkansas Department of Aeronautics grant in the amount of $300,000.00 to fund 80% of the costs of the hangar infrastructure improvements phase 2 project at Drake Field. Resolution 130-25 as recorded in the office of the City Clerk Imagetrend Software Maintenance Order Form and Agreement (Bid Waiver): A resolution to waive competitive bidding and approve a software maintenance agreement with Imagetrend in the amount of $70,150.00 plus any applicable sales taxes for records management software for the Fayetteville Fire Department. Resolution 131-25 as recorded in the office of the City Clerk Fire Department Administrative Policies (Updates): A resolution to approve updates to Fayetteville Fire Department administrative policies. Resolution 132-25 as recorded in the office of the City Clerk Council Member Wiederkehr moved to approve the consent agenda. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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. At the May 6, 2025 City Council meeting this ordinance was left on the first reading and tabled to the May 20, 2025 City Council meeting. City Council Meeting Minutes May 20, 2025 Page 4 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr moved to suspend the rules and go to the third reading and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, presented the item and explained that financing, entitlement and construction are the three main components of housing production. He also defined that a prefabricated home, built offsite and according to applicable building codes, is considered modular and not considered manufactured housing. Mr. Curth also spoke about the history of prefabricated structures, which started to grow in popularity in the 1960’s. The early prefabricated structures were not built with quality products and were not durable structures. Mr. Curth highlighted the fact that modular housing is considered prefabricated housing, but not all prefabricated housing is considered modular. To finalize his comments Mr. Curth explained that the city’s code would need to change and gave an example that a modula r multi-family building would have to meet the urban design standards set by the city. The building would no longer have to meet thresholds about how deep their eaves must be or how wide the units must be. The City Council received 2 public comments on this ordinance. A brief discussion took place between Council Member Turk and Mr. Curth. Mr. Curth answered her questions by explaining the difference in classification of 3D printed homes, modular homes, prefabricated homes and the use of shipping containers as homes. Council Member Wiederkehr shared an experience from his past and stated he fully supported the item. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6874 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. At the May 6 2025 City Council meeting this ordinance was left on the first reading. There was a brief procedural discussion at the beginning of this item. It was ultimately decided that since the applicant had requested for the item to be tabled until the June 17, 2025 City Council meeting that Council Member Bunch and Dr. Jones withdrew their motions to suspend the rules and go to the next reading. Council Member Stafford moved to table the item to the June 17, 2025 City Council meeting. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Council Meeting Minutes May 20, 2025 Page 5 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov This ordinance was tabled to the June 17th, 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. At the May 6, 2025 City Council meeting this ordinance was left on the first reading. Council Member Berna moved to suspend the rules and go to the 3rd and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 7 -1. Council Member Berna, Bunch, Turk, Minister Jones, Stafford, Dr. Jones, and Wiederkehr voted yes. Council Member Moore voted no. City Attorney Kit Williams read the ordinance. Mitch Korte, applicant, introduced himself and made himself available to answer questions. Council Member Moore explained that her reasons for voting no in the previous vote were due to safety concerns she had regarding the relocation of utilities. There was a brief discussion between Council Member Moore and Jonathan Curth, Development Services Director. Mr. Curth explained that safety protocols are required to be observed during construction. Mr. Curth also explained that the City does not have direct access to the information that the non-public franchise utilities use to make decisions. Council Member Moore expressed her appreciation for the information Mr. Curth was able to provide and requested that the council would not advance the ordinance to the next reading. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Berna, Bunch, Turk, Minister Jones, Stafford, Dr. Jones, and Wiederkehr voted yes. Council Member Moore voted no. Ordinance 6875 as Recorded in the office of the City Clerk New Business: Seven Hills Homeless Center – Walker Family Community Capital Improvements (Service Contract): A resolution to approve a contract with 7Hills Homeless Center in the amount of $40,000.00 for capital improvements at the Walker Family Residential Community and Master Planning for an expansion of the facility. Quin Thompson, Facilities and Building Maintenance Manager, explained the relationship between the City of Fayetteville and 7Hills regarding funding for maintenance and repairs. Mr. Thompson referenced the fact that the capital improvements plan funding had previously been approved by the City Council and that once the contract before the council was approved the funds could be released to make the required repairs. City Council Meeting Minutes May 20, 2025 Page 6 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Becci Sisson, CEO of 7Hills spoke about the goals of 7Hills and how the changes made over the last year created an overnight shelter and helped 30 people find permanent homes. She went on to explain the need for 7Hills to consolidate and centralize services. Ms. Sisson finalized her comments by explaining that the goal has been to introduce individuals back into community life while assisting the individual through case management. Mayor Molly Rawn thanked Ms. Sisson for her presentation. Mayor Rawn explained to the council that approval of the contract would allow 7Hills to begin planning the future expansion. There was a brief discussion between Council Member Moore, Mayor Molly Rawn, Quin Thompson and Wade Abernathy regarding the future use of funds. Mr. Abernathy, Bond Projects and Construction Director verified that the master plan, created using the funds, would belong to the City of Fayetteville. Council Member Minister Jones asked if the remaining $40,000 would be used for improvements, she also requested the estimated cost of the master plan. Quin Thompson addressed Council Member Minister Jones’ question by explaining there are specific repairs needed that cost over $40,000. He explained that the repairs take priority over creating a master plan. Mayor Molly Rawn addressed the question as well. She clarified that the expansion of the contract in no way committed or required the City of Fayetteville or 7Hills to create the master plan. The City Council received 1 public comment on this resolution. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Resolution 133-25 as recorded in the office of the City Clerk Vacation-2025-0009: (235 W. 7th St./Anderson, 562): An ordinance to approve VAC-25-09 for property located at 235 West 7th Street in Ward 1 to vacate 0.05 acres of right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the applicant’s request to vacate 0.05 acres of right-of-way. Mr. Curth explained that the request aligns with the city’s Master Street Plan. He also verified that the Planning Commission voted in favor of forwarding the request to the council by a vote of 7-0. Mr. Curth finalized his comments by saying any damage or relocation will be at the applicant’s expense. City Council Meeting Minutes May 20, 2025 Page 7 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6876 as recorded in the office of the City Clerk Outdoor Mobile Vendors Requirements – Gathering and Placemaking Goal (Amendment): An ordinance to amend § 97.086 Vending and Peddling § 178.04 Outdoor Mobile Vendors of the Fayetteville Code of Ordinances to revise mobile vendor regulations. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, began his presentation by explaining that the ordinance affects two different sections of city code Vending and Peddling and Outdoor Mobile Vendors. Mr. Curth explained the change would recognize the Yvonne Richardson Center as a no charge partner for events which allow other groups to hold outreach activities, categorize food trucks as outdoor vendors, require the approval of the Park’s Director for a vendor to operate within a city park, consolidate vendor licensing processes, and re-focus the responsibility of site planning and shift site specific improvements to the property owners. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6877 as recorded in the office of the City Clerk § 33.381 Composition Membership – Fayetteville Youth Advisory Council (Amendment): An ordinance to amend § 33.381 Composition: Membership to authorize the Mayor to expand the number of members to be appointed and to adjust the terms of such members. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn explained that she wanted to have more flexibility and potential growth for the Fayetteville Youth Advisory Council. She finalized her comments by explaining the initial City Council Meeting Minutes May 20, 2025 Page 8 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov ordinance that established the council limited the number of members the council could have. She explained that her goal was to allow all young people who want to be engaged in the community to have the opportunity to participate. Council Member Dr. Jones expressed his appreciation of Mayor Molly Rawn and said that had been his goal as well when he initially brought the item to council last year. The City Council received 2 public comments on this ordinance. Council Member Stafford and Council Member Moore expressed their appreciation of the proposed changes. Both council members made comments about how impressive the applicants for the Fayetteville Youth Advisory Council have been. Council Member Minister Jones expressed concern about the Nominating Committee not interviewing the applicants. Her concern was that each applicant would lose the growth and development opportunity of the experience. Mayor Molly Rawn spoke to alleviate the concerns explaining that the Nominating Committee had requested to no longer interview for the vacant positions. Council Member Dr. Jones commended Kara Paxton, City Clerk Treasurer and her team for the dedication and support they have given to the Youth Advisory Council over the past year. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6878 as Recorded in the office of the City Clerk Appeal: Large Scale Development-2024-0038: (151 W. Dickson St./Trinitas Ventures, 484): A resolution to grant the appeal of Trinitas Ventures and approve Large Scale Development LSD- 2024-0038 located at 151 West Dickson Street in Ward 2. Jonathan Curth, Development Services Director started his presentation by describing the location of the property and LSD-2024-0038. The property consists of 5 total parcels that are located within Ward 2. He went on to explain the proposed development of a 185 unit, 611- bedroom, multi-family building (student housing focused), with associated parking, and 2000 sq. ft. of retail space. Throughout his presentation he also provided visual aids of the proposed development that included elevations, renderings, and details of the subterranean parking garage. He listed the project requirements of an 11 ft. driveway along Dickson St., 6ft. furnishing zone, 8 City Council Meeting Minutes May 20, 2025 Page 9 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov ft. sidewalk along Block St., including parallel parking and angled parking along Block St. and the portion along Church Ave. would include a street tree area that segued into a six ft. sidewalk that would allow residents to enter the residential units along the ground floor. Next, Mr. Curth explained initially the Fire Department and the Police Department did not have any comments regarding the development other than the development of the property could potentially increase calls into their departments. Mr. Curth also verified that there were two different traffic studies completed. The city’s engineering staff concurred with the second traffic impact analysis performed. The study showed no negative impacts would occur on surrounding streets upon development of the property. Mr. Curth also verified that city staff recommended approval of the development since the request complies with the city’s ordinances as long several conditions were included. These conditions were dedicated right-of-way to comply with the Master Street Plan, street improvements due to the downstream sewer assessment, and paying a fee-in-lieu of parkland dedication. After Mr. Curth explained the conditions, he went on to explain that the Planning Commission denied the project. He stated the rationale to deny used by the Planning Commission did not fall under the six allowable reasons for denial. Suzanne Clark, Clark Law Firm-Applicant representative, began her presentation by thanking city staff for their work and professionalism. She also introduced key stakeholders present. Ms. Clark referenced the Unified Development Code (UDC) for the city, the memos written by City Attorney Kit Williams and the memo written by Public Works Director Chris Brown. Throughout her presentation she used these references to verify that the item should have been administratively approved since the project conformed to the city’s UDC, the developer agreed to all conditions requested by the city, and city staff recommended approval. Ms. Clark finalized her comments by earnestly asking for the council to follow the city staff recommendations to grant the appeal, to follow the city attorney’s recommendation to follow the law and to comply with the city’s UDC. She emphasized that the city council must follow the rules and laws applicable and grant the appeal. Brief discussion happened between Council Member Stafford, Jonathan Curth, and Chris Brown. Mr. Stafford compared the proposed development to Frisco Apartments and asked about the traffic around that location. Mr. Curth explained that he did not have immediate access to the accident data for all of the different locations Council Member Stafford referenced. Mr. Curth was able to verify that there were four accidents at the intersection of Wilson St. and Maple St. between 2017 and 2021. Mr. Chris Brown explained that the GIS data reflected two or three accidents at each location and stated that number was within normal range for any major street intersection. There was a short dialogue between Council Member Moore and Mr. Jonathan Curth. Council Member Moore asked if instances of individuals driving the wrong way on one-way streets was considered in the traffic study and referenced the city adopting the NWA Vision Zero Plan. Mr. Curth explained that the traffic study did not take that specific instance into consideration. He did explain that the city’s data feeds into the Vision Zero heat maps for accident data. Council Member Moore reviewed the data on the heat map and asked if the yellow area indicated a high injury network corridor. City Council Meeting Minutes May 20, 2025 Page 10 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Chris Brown, Public Works Director clarified that the high injury network encompassed serious injuries or deaths. He reviewed the heat map and verified that he did not see any of those types of injuries in the general vicinity. A brief description of the trip generation manual that ITE, Institute Transportation Engineers uses was given by Mr. Chris Brown after Council Member Moore asked if speed was considered while utilizing the generator. The City Council received 17 public comments on this resolution. Council Member Moore referenced the public comment made by Dede Peters regarding the variables and metrics of the study. Chris Brown explained that the traffic study covered Dickson St., considering it a commercial area, and was completed with a mid-day peak and then the afternoon peak totaling two hours. Council Member Moore opinioned that the traffic study should focus on the potential individuals who will be living there, students. Chris Brown opinion concurred with Council Member Moore’s. He felt that the time periods used in the study matched the peak of the background traffic with the expected peaks of the site. Council Member Stafford asked how the building would be accessed. Todd Wendell, Trinitas Vice President explained that there would be an access control system. He went on to explain that upon approaching the gate, there is a sensor on the ground or above the vehicle that verifies credentials within a second or two. He explained most individuals stick the credential to their windshield. A brief discussion occurred where Council Member Dr. Jones asked a procedural question regarding what the council can and cannot consider when granting or denying an appeal. City Attorney Kit Williams provided an explanation. City Attorney Kit Williams went on to state his conclusion, that the developer appeared to have satisfied all six factors. Council Member Turk asked if there were a specific set of standard requirements included in parking studies. She explained that she did not agree with the data provided in the traffic study. Chris Brown described the process used to complete a traffic study. He verified that the required standards were met within the completed traffic study. A brief discussion occurred between Council Member Bunch, Mr. Curth, and Mr. Brown regarding the variables within the traffic study. Mr. Brown verified that some traffic studies do take place over a 24-hour period but not the one tied to this project. City Council Meeting Minutes May 20, 2025 Page 11 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Molly Rawn asked Mr. Brown to describe the term levels of service. Chris Brown described that an A is a very, very good level of service and an F is a failing level of service. He went on to explain that typically; while designing the goal is to fall within the C category and sometimes even a level D is an acceptable level of service. Council Member Berna asked Mr. Brown to define what a traffic safety issue was and asked him to give examples of other student housing projects with traffic safety issues. Chris Brown explained he was not aware of any. Council Member Berna asked Mr. Brown to provide examples of items he looked at that would have allowed him to deny the project. Chris Brown said examples included pedestrian conflicts, existing concerns of existing traffic, or concerns regarding the driveway. Council Member Wiederkehr shared concerns about an increased number of less experienced drivers, move-in and move-out days, students commuting to work, location and width of the loading zone, location of gate, how deliveries will be handled, and he wanted to make sure the parallel parking spaces would not be used as a delivery zone. He finalized his comments by sharing his concerns regarding how individuals would enter and leave the property when Dickson St. is closed due to a festival leaving only a one-way street to enter and leave the property. Mayor Molly Rawn requested Mr. Curth to respond to the concerns that Council Member Wiederkehr expressed. Jonathan Curth addressed the concerns by explaining that projects, of this scale, were not generally designed around potential or occasional future events. He also explained that the city has specific procedures that are followed when it comes to a non-typical closure for events. He finalized his comments by explaining he was not familiar with evaluating developments based on the age or other demographic of the drivers. Chris Brown stated he did not have any additional information to add. Jonathan Curth explained that the concern regarding the delivery location needed to be deferred to the applicant. Ms. Ames, Trinitas Development Operations Manager explained the bump out would be along Dickson St. toward the church and church alley. She went on to describe the 250 ft. of mountable curb that included pavers to help slow traffic. She went on to explain the intent was to allow larger delivery trucks to use the call button to pull in and out of the garage. She finalized her answers by explaining the tenants will be charged to use the parking garage. City Council Meeting Minutes May 20, 2025 Page 12 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov There was a brief conversation between Council Member Stafford and Ms. Ames. Ms. Ames explained that the tenants would have one-year leases. Ms. Ames also explained that they do allow for early move in and would work with the city to ensure all rules and requirements are followed. Council Member Moore reiterated her concerns regarding how the trip generation was calculated since special events or special circumstances were not included as variables in the traffic study. Scott Johnson, Kimley-Horn Project Manager explained special circumstances would have been considered if the site was farther away from campus and was not within a walkable distance of the university. A brief explanation was given by the applicant’s development team that described the process of how deliveries would be handled. A brief explanation was given by the applicant’s development team that described the process of how situations would be handled if someone tried to pull into the garage by accident. Council Member Berna strongly voiced his dislike of every aspect of the project. He explained that he did not like the location, appearance, and felt like the developer had not listened to the community. He summarized his comments by explaining he did not want to cause the city to be sued just because he disliked the project. He finished his comments by stating he wished he could vote to deny the appeal. Council Member Turk voiced she did not agree with the traffic study and felt it should have taken special events into consideration. Council Member Moore and Stafford reiterated their earlier concerns, and neither were supportive of the item. Council Member Bunch spoke about her dislike of the project. She went on to explain her fiduciary obligation to the citizens and referenced the City Attorney’s comments. She finalized her comments by saying she was torn. Council Member Dr. Jones asked if there was a time limit on when a decision had to be made. City Attorney Kit Williams explained that two traffic studies had already been completed for the project. The results reflected that the development would not create nor compound a dangerous traffic situation. He finalized his comments by explaining that the court, should a lawsuit be filed, would look at the traffic report since it was completed by traffic experts as opposed to the opinions of the council. Susan Clark spoke about the validity of the traffic studies that had been completed as well as providing details of the work that had been done on the project. She explained that the development team had worked together with staff to ensure every question that had been raised regarding the project was addressed. City Council Meeting Minutes May 20, 2025 Page 13 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch moved to approve the appeal. Council Member Dr. Jones seconded the motion. Upon roll call the motion failed 3-4. Council Member Berna, Bunch, and Dr. Jones voted yes. Council Member Minister Jones, Stafford, Moore, and Wiederkehr voted no. Council Member Turk abstained. The resolution failed. There was a brief discussion regarding procedural rules. Mayor Molly Rawn recessed for a five- minute break. Private Dormitories – New Conditional Use (Amendment): An ordinance to amend §151.01 Definitions, Chapter 161 Zoning Regulations, §162.01 Establishment/Listing, §164.11 Height or Setback Regulations; Exceptions and Home Protection Requirements; and §172.05 Standards for the Number of Spaces by Use of the Unified Development Code, and to enact §163.19 Private Dormitories to establish regulations for private dormitories as a new conditional use, and to declare an emergency. City Attorney Kit Williams read the ordinance. Council Member Moore presented the item and explained that due to local affordable housing needs, the function of student housing, rapid exterior deterioration of student housing and proposed student housing developments not aligning with the 2040 Plan nor the Economic Vitality Plan are the reasons why student housing developments should be considered as a considered as a conditional use. Council Member Stafford spoke about the financial impact private dormitories have on the city compared to dormitories built by the university. He also explained that he wanted to strike the section that defines exterior building materials for student housing since the Unified Development Code already defines exterior materials for all proposed developments. Council Member Stafford moved to amend to remove (B) from Section 4. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. A brief discussion occurred regarding procedural rules. Mayor Molly Rawn voiced her concern about creating new legislation on the spur of the moment. Council Member Stafford moved to amend to remove (E) from Section 4. Council member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Bunch and Berna expressed concerns with creating new legislation on the spur of the moment. Council Member Berna moved to table the ordinance to the June 3, 2025 City Council meeting. Council Member Dr. Jones seconded the motion. Upon roll call the motion failed 3- City Council Meeting Minutes May 20, 2025 Page 14 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 5. Council Member Berna, Dr. Jones, and Wiederkehr voted yes. Council Member Bunch, Turk, Minister Jones, Stafford, and Moore voted no. The City Council received 10 public comments on this ordinance. Council Member Turk asked staff to define what size developments would adhere to the ordinance based on a public comment that was made. Jonathan Curth, Development Services Director referenced the final clause of the ordinance as defining that a private dormitory shall be treated as multi-family for zoning and development purposes. Council Member Bunch referenced a public comment as well and asked how the ordinance would affect duplexes and any project of that type. Jonathan Curth referenced and read the final clause as an answer to the question. Council Member Berna, Mr. Jonathan Curth, and City Attorney Kit Williams had a brief discussion regarding why the emergency clause was being requested. City Attorney Williams referenced the memos he had written to the council regarding the previous agenda item. Council Member Moore and Turk explained their reasoning behind supporting the amendments and emergency clause. Council Member Turk moved to strike the last sentence from Section D. Council Member Moore seconded the motion. Upon roll call the motion passed 7-1. Council Member Berna, Bunch, Turk, Minister Jones, Stafford, Dr. Jones, and Moore voted yes. Council Member Wiederkehr voted no. Council Member Moore 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 Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6879 as Recorded in the office of the City Clerk Council Member Berna commented on a vote made two weeks prior where the council did not approve an emergency clause. He believed that a conditional use permit and emergency clause should work together. Council Member Moore moved to approve the emergency clause. Council Member Bunch seconded the motion. Upon roll call the motion passed 6-2. Council Member Bunch, Turk, City Council Meeting Minutes May 20, 2025 Page 15 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Minister Jones, Stafford, Dr. Jones, and Moore voted yes. Council Member Berna and Wiederkehr voted no. Announcements: Keith Macedo, Chief of Staff announced that Wilson Park pool was scheduled to open on Saturday, May 24th. Jackson Shelton, Senior Deputy City Clerk Treasurer announced that the office of the City Clerk Treasurer was currently accepting applications to serve on a board, committee, or commission. He further commented that the deadline for applying was 5p.m. on Friday, May 23, 2025. City Council Agenda Session Presentations: City Council Tour: Adjournment: 10:10 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer