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HomeMy WebLinkAbout2025-07-01 - Minutes - City Council Meeting Minutes July 1, 2025 Page 1 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting July 1, 2025 A meeting of the Fayetteville City Council was held on July 1, 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, D’Andre Jones DHA, 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, 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: Nominating Committee Report – Committee Chair Council Member Stafford read the Nominating Committee Report and recommended the nominations as presented. He stated the recommendations were unanimous. Council Member Stafford moved to approve the Nominating Committee Report. Council Member Moore seconded the motion. Upon roll call the motion unanimously. Sales Tax & Monthly Financial Report – Chief Financial Officer 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 July 1, 2025 Page 2 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Steven Dotson, Chief Financial Officer provided a summary of the Sales Tax and Monthly Financial Report. He stated the City was up 5% in General Fund and the County was up 6.07%. He went on to explain that the charge for services was down $179,000 and this trend was something to keep an eye on. He announced the 2024 Annual Comprehensive Financial Report was complete and had been posted to the City’s website. He was available for questions. Agenda Additions: None Consent: Purchase of Smart Water Meters: A resolution to approve a budget adjustment in the amount of $300,000.00 for the purchase of smart water meters for the Utilities Department. Resolution 149-25 as recorded in the office of the City Clerk. On-call Drainage Design Services: A resolution to award RFQ #25-01, Selection 12, and authorize Professional Engineering Services agreements with Burns & Mcdonnell Engineering Co, inc., Hawkins-Weir Engineers, inc., and Olsson Associates, INC for on-call drainage design services as needed through June 30, 2026. Resolution 150-25 as recorded in the office of the City Clerk. U.S. Geological Survey: A resolution to approve a joint funding agreement with the U.S. Geological survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2025 with the amount paid by the City not to exceed $60,700.00. Resolution 151-25 as recorded in the office of the City Clerk. Beaver Watershed Alliance: A resolution to repeal Resolution 138-23, to accept $160,000.00 in grant funding and approve a cost share agreement with the Beaver Watershed Alliance for the installation of low impact development features in the town branch watershed associated with the Elmhurst and Mcclinton Drainage Improvement Project, and to approve a budget adjustment – 2019 Drainage Bond Project. Resolution 152-25 as recorded in the office of the City Clerk. Community Access Television: A resolution to approve a budget adjustment in the amount of $9,000.00 recognizing revenue received from Community Access Television. Resolution 153-25 as recorded in the office of the City Clerk. City Council Meeting Minutes July 1, 2025 Page 3 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov College Ave Overlay and Street Marking: A resolution to approve the repaving of College Avenue from Dickson Street to North Street, to increase the Street Marking Budget by the amount of $951,000.00, and to approve a budget adjustment. Resolution 154-25 as recorded in the office of the City Clerk. Hutchinson Salt Company: A resolution to award Bid # 25-39 and authorize the purchase of bulk crushed rock salt from Hutchinson Salt Company for $40.50 per ton for materials picked up and $86.29 per ton for materials delivered as needed, to authorize the use of other bidders based on price and availability as needed, and to approve a budget adjustment. Resolution 155-25 as recorded in the office of the City Clerk. Oxidation Technologies, LLC: A resolution to waive competitive bidding and approve the purchase of two ozone destruction units from Oxidation Technologies, LLC in the amount of $44,240.00 plus any applicable sales and freight charges for use at the Noland Water Resource Recovery Facility. Resolution 156-25 as recorded in the office of the City Clerk. Hawkins-Weir Engineers, INC.: A resolution to approve Amendment No. 3 to the engineering services contract with Hawkins-Weir Engineers, INC. in the amount of $46,620.00 for additional design and construction services associated with recycling and trash facility improvements Resolution 157-25 as recorded in the office of the City Clerk. Fire Department Grant Application: A resolution to authorize an application for a staffing for adequate fire and emergency response (SAFER) grant in the amount of $450,000.00 to hire three full-time firefighters. Resolution 158-25 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. Unfinished Business: 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. For item history from May 6, 2025 through May 20, 2025 please contact the Office of the City Clerk Treasurer. At the June 17, 2025 City Council Meeting this ordinance was left on the first reading and tabled to the July 1, 2025 City Council Meeting. City Council Meeting Minutes July 1, 2025 Page 4 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Molly Rawn and City Attorney Kit Williams had a discussion on Roberts Rules of Order and clarified which reading the item was on. Council Member Wiederkehr 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. Willa Thomason, Urban Forester provided a brief recap of the ordinance. On June 4, the applicant’s representative proposed an alternative at the Urban Forestry Advisory Board meeting, suggesting a 2-acre easement without any mitigation tree planting. UFAB unanimously supported the applicant’s version. She stated following the City Council tour to the site of the easement, staff revised their recommendation and stated the applicant must consult with a local environmental restoration organization, approved by Urban Forestry staff, to identify and remove invasive species from both the new and existing easements. This work would be funded by the applicant or owner and completed before any project permits were issued. It would also require ongoing maintenance for two additional years, secured by a maintenance contract at 150% of the estimated work cost. She and the applicant were available for questions. Council Member Moore and Willa Thomason had a conversation about the staff recommendation change regarding additional trees. Jenny Burbidge, Landscape Architect with Crafton Tull and Prism Design Studio provided a summary of the item. She stated the property owner had a contract with a landscaping company for maintenance due to past issues. They requested the current maintenance approach be accepted for both existing and proposed easements. Council Member Turk asked Jenny if the current landscaping company was certified to remove invasive plants. Jenny responded that All Terrain Tree Service’s contract stated they do under brush mowing and mulching. Council Member Stafford and Willa spoke on the best practices for identifying and removing invasive plant species. She stated the intention of staff was to have the applicant find a local organization that specializes in identifying native species and removing invasives. Council Member Min. Jones asked for clarification on who would be paying for the maintenance of the property. Willa confirmed it would be the applicant. Council Member Moore, Jonathan Curth Development Services Director and Willa spoke on the City’s capacity to enforce and audit tree preservation easements. Council Member Berna and Mayor Molly Rawn spoke on whether this ordinance was ready for a vote or if staff needed more time due to concerns. Willa clarified concerns by explaining how the 3-year maintenance contract would work. She stated the release of the contract would be contingent upon the removal of the invasive species being competed. City Council Meeting Minutes July 1, 2025 Page 5 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov There was a brief discussion between Council Member Stafford, City Attorney Kit Williams and Mayor Molly Rawn regarding whether the ordinance needed to be amended or not. City Attorney Kit Williams stated that the ordinance still mentioned 48 mitigation trees and did not mention removal of invasive species. Council Member Stafford stated he was willing to amend the item or table it. Council Membre Moore clarified that Council could amend to the language presented to them. Council Member Turk and City Attorney Kit Williams discussed legal concerns regarding the condition of hiring an approved company to remove the invasive species for three years. City Attorney Kit Williams stated that his concern was that the requirement was not in the city’s code and that it would cost the applicant money. Council Member Bunch moved to table the ordinance to the July 15, 2025 City Council meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This ordinance was left on the Third Reading and tabled to the July 15, 2025 City Council meeting. New Business: Rezoning (1416 W Mount Comfort Rd/AHBC Solutions LLC, 404): An ordinance to rezone the property described in rezoning petition RZN 2025-18 for approximately 0.40 acres located at 1416 West Mount Comfort Road in Ward 2 from RSF-4, Residential Single-Family, 4 units per acre to RI-U, Residential Intermediate Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a summary of the ordinance. He stated there was no public comment received prior to the Planning Commission meeting but there was public comment at the meeting itself. The primary concern was about parking and parking management in the area. The Planning Commission forwarded this request by a vote of 7-1 and stated that staff was in favor of the request. Jonathan Curth and David Wagner the applicant, were available for questions. David Wagner, Crossland Construction clarified that they were building conjoined duplexes on the lot, like a nearby build, for a total of five single family homes. Council Member Turk and David Wagner discussed the location of the similar builds he referenced. Council Member Min. Jones wanted to know how the parking issues were being addressed. David stated that 2 car garages would be built and there would be additional front parking. The City Council received 1 public comment regarding this ordinance. City Council Meeting Minutes July 1, 2025 Page 6 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams and Jonathan Curth discussed whether there had been a Bill of Assurance submitted with the ordinance and the significance of what not having one could mean. 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk stated it would be helpful if someone looked at the property because the similar builds that were mentioned by the applicant were poorly built. She would not be in support of the ordinance. She expressed concern that there was no Bill of Assurance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Turk voted no. Ordinance 6889 as recorded in the office of the City Clerk. Rezoning (1314 S. Ellis Ave/Siemek, 561): An ordinance to rezone the property described in Rezoning Petition RZN 2025-14 for approximately 0.40 acres located at 1314 South Ellis Avenue in Ward 1 from RMF-24, Residential Multi-Family, 24 units per acre to UN, Urban Neighborhood. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief explanation of the ordinance. He stated that the Urban Neighborhood allowed for a broader range of non-residential uses which the Residential Multi-Family did not. Staff found the proposed rezoning compatible with the surrounding area and consistent with infill goals in the City plan. He stated that going from a Residential Mutli-Family to an Urban Neighborhood would reduce the canopy requirement from 20% to 15%. Public comment addressed worries due to concerns about noise, parking and commercial development while others were in support of the potential walkable services. After two meetings, the Planning Commission voted 7-1 to recommend approval. Staff recommended approval and both him and the applicant were available for questions. Wesley Bates and Konrad Seimek, the applicants provided a presentation on what kind of housing they build. They wanted to reaffirm that bars were not allowed and that they had submitted a Bill of Assurance regarding operating hours. They stated they don’t plan to remove any trees, and they had no commercial parking minimum. Mayor Molly Rawn granted the speakers two additional minutes for their presentation. They said that there was potential for a traffic decrease in the area and it would improve walkability in the area. The applicants stated the noise ordinance was 55 decibels and there was a $500.00 initial fee and up to $1000.00 for subsequent fees. Council Member Berna and the applicants spoke on what the Bill of Assurance restricted. The applicants stated the business would have to be closed from 11:00 PM to 6:00 AM. Council Member Stafford then discussed the visualization of the site with the applicants. City Council Meeting Minutes July 1, 2025 Page 7 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk and Jonathan Curth discussed the Bill of Assurance. Jonathan listed the two elements of the Bill of Assurance; restricting business hours and a prohibition on vape stores. The City Council received 18 public comments regarding this ordinance. Council Member Bunch began acting as Vice Mayor at 7:05 p.m. Council Member Turk and Jonathan Curth discussed the possible number of stories a building could have on the property and the parking requirements that would accompany it. Council Member Moore thanked the neighbors that came to the meeting and staff for their work. She stated that small businesses were under attack with the current market, so she was excited about the possibility of seeing one at this location. She acknowledged the challenge of accommodating population growth and pointed out that the property in question, currently zoned Residential Multi-Family, would inevitably be developed. She described how developers often quietly purchase multiple properties, potentially changing the character of entire neighborhoods. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 7-1. Council Member Min. Jones, Stafford, Dr. Jones, Moore, Berna, Bunch and Turk voted yes. Council Member Wiederkehr voted no. City Attorney Kit Williams read the ordinance. Council Member Berna moved to amend to accept the Bill of Assurance. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Council Member Wiederkehr expressed his appreciation for the neighbors that went on the tour of the property. He stated he only voted against advancing to the third and final reading because he thought the discussion wasn’t ready to advance, and not because he was in opposition of the project. He valued that the developers were local and that the money given to them would stay in the community. He was in support of the ordinance. Council Member Berna felt the developers had the community in mind with their design and that it was the kind of development he wanted to see in Fayetteville. He understood the neighbors’ concern, but he was going to vote for the item. Council Member Turk thanked all the neighbors that came to the meeting and the developers. She stated that the business being open till 11:00 PM was problematic and that parking would be a big issue. She was worried about the trees and appreciated the developers for wanting to preserve them. She stated she was not going to support the item but did appreciate that the developers were local and that stated she supported small businesses, just not this location. Council Member Stafford thanked the developers for bringing examples of other neighborhood business in Fayetteville. He stated he wanted Fayetteville to become a walkable city with local City Council Meeting Minutes July 1, 2025 Page 8 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov businesses, small businesses and neighborhoods. He wanted to give the project a chance and would be voting in support of it. Vice Mayor Sarah Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch voted yes. Council Member Turk voted no. Ordinance 6890 as recorded in the office of the City Clerk. Rezoning (209 S. Willow Ave./Siemek & Bates, 524): An ordinance to rezone the property described in Rezoning Petition RZN 2025-19 for approximately 0.51 acres located at 209 South Willow Avenue in Ward 1 from RMF-24, Residential Multi-Family, 24 units per acre to UN, Urban Neighborhood. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a summary of the ordinance. Staff found the request to be consistent with future land use map designation. Staff noted that the proposed rezoning would reduce required tree preservation from 20% to 15% and acknowledged the site's location within the Hilltop-Hillside Overlay District, where slopes ranged from 15% to 10%. Staff recommended approval of the rezoning, citing both historical and existing land uses in the area. The Planning Commission had also supported the request unanimously, forwarding it to City Council with an 8–0 vote and no additional commentary. Jonathan Curth and the applicants were available for questions. Wesley Bates, Konrad Seimek and Aaron Caldwell, the applicants provided a presentation of their item. They stated they were wanting to build something that would fit in with the context of the neighborhood and to be sensitive to where they were working. They stated they do not know exactly what they were going to build until July 18, 2025 but they were considering a small commercial space as well as a single-family home. The City Council received 6 public comments regarding this ordinance. Council Member Moore made a motion to suspend the rules and go to the third and final reading. Council Member Turk stated that she had questions. It was decided to vote on Council Member Moore’s motion and then go to discussion. 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 6-2. Council Member Min. Jones, Stafford, Dr. Jones, Moore, Berna and Bunch voted yes. Council Member Wiederkehr and Turk voted no. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes July 1, 2025 Page 9 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr expressed appreciation for those that had been involved with the project. He encouraged continued refinement of the zone as needed, based on community feedback. He commended staff for recognizing the need for smaller, more community-friendly commercial uses. Council Member Turk and Jonathan Curth discussed water and sewer constraints related to the area. Council Member Stafford mentioned there were sewer and man-hole cover upgrades in the applicants’ drawings. The applicants reviewed their concepts for the sewer plan. They stated they were trying to find a solution that was the least amount of money and impact. Council Member Min. Jones spoke with Jonathan Curth regarding the slope and flood area of the property. Jonathan stated there was no floodplain or floodway on the property. Vice Mayor Sarah Bunch asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6891 as recorded in the office of the City Clerk. Rezoning (553 E. Mcclinton St./Bates & Siemek, 563): An ordinance to rezone the property described in Rezoning Petition RZN 2025-20 for approximately 0.20 acres located at 553 East Mcclinton Street in Ward 1 from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a summary of the ordinance. Staff found the request to be compatible with surrounding land uses and complemented the City’s long range planning goals. He stated that the public comment received on the item was about drainage and parking concerns. Staff recommended approval of the item, and the Planning Commission forwarded it unanimously with no comment. Jonathan and the applicant were available for questions. Wesley Bates and Konrad Seimek, the applicants provided a presentation on their intentions with the property. They stated they do not want to take advantage of the tandem lot ordinance and would like to use it as a tool to build two houses on the lot, with the opportunity to finance them at a 30- year fixed rate mortgage. They spoke of the difficulties with financing and building Accessory Dwelling Units. Konrad commented that Alan Pugh, Staff Engineer, was doing good work in this neighborhood to reduce the flood impact. Council Member Stafford and the applicants discussed the difficulties in building an Accessory Dwelling Unit and spoke on the use of the tandem lot ordinance. Council Member Moore 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 Council Meeting Minutes July 1, 2025 Page 10 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams read the ordinance. Vice Mayor Sarah Bunch asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6892 as recorded in the office of the City Clerk. Vacation (241 W. Spring St/GHSH 241 LLC, 484): An ordinance to approve VAC-25-14 for property located at 241 West Spring Street in Ward 2 to vacate 0.01 acres of right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a summary of the ordinance. Staff estimated it would not negatively impact on the public good as the remaining right away would add to the urban downtown sidewalks along the portion of the project. He went on to explain the Public Right of Way Accessibly Guidelines, which was a specific standard within the Americans Disabilities Act that the engineering department enforces. The Planning Commission forwarded this to the City Council unanimously and the public comment received was from a nearby business owner concerning the parking impact. Jonahtan was available for questions. Council Member Stafford and Jonathan Curth discussed the minimum allowable sidewalk within that area as it relates to the Public Right of Way Accessibly Guidelines. Council Member Wiederkehr and Jonathan Curth clarified that the ordinance would be vacating public right of way. 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. Vice Mayor Sarah Bunch asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6893 as recorded in the office of the City Clerk. Announcements: Keith Macedo, Chief of Staff announced that City offices would be closed for the July 4, 2025, holiday. City Council Agenda Session Presentations: None City Council Meeting Minutes July 1, 2025 Page 11 of 11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Tour: Agenda Item C.2 : Rezoning (1314 S. Ellis Ave/Siemek, 561): Date: June 30, 2025 Time: 4:00 PM Parking on-street along Ellis Avenue adjacent to the property. Adjournment: 8:44 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer