Loading...
HomeMy WebLinkAbout2024-03-19 - Minutes -Co un cil Me mb er Robert B . Stafford Ward I Po sition 1 Co un cil M ember D 'A ndre Jones Ward I Pos iti on 2 Co un cil Member Sarah Moore Ward 2 Po sition 1 Co un ci l Me mb er Mike W i ederk ehr Ward 2 Pos ition 2 Mayor Lione ld Jordan City Att orney Kit Williams Ci ty Clerk Treas urer Kara Paxton City of Fayetteville Arkansas City Council Meeting March 19, 2024 City Co un c il Mee tin g Minutes Marc h 19 , 2024 Page I of20 Co uncil M emb er Sco tt Bern a W ard 3 Po siti on 1 Co uncil M emb er Sa rah Bunch W ard 3 Po sition 2 Co un ci l Member Teresa Turk Ward 4 Pos i tion 1 Co uncil M emb er Ho ll y Hertzberg W ard 4 Po siti on 2 A meeting of the Fayetteville City Council was held on March 19, 2024 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Robert B. Stafford, D' Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, Senior Assistant City Attorney Blake Pennington, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: There was a brief discu ssio n between Mayor Jordan , City C lerk Treasurer Kara Paxton and Senior Assistant City A ttorne y Blake Pennington regarding Robert Rho ades requesting item D.1 2 on the age nda be tabled to the ne xt City Counci l Meeting. Council Member Bunch moved to table item D. 12, Appeal: Administrative-2024-0001: (S. Ed Edwards Rd, Mally Wagnon Rd, S. Hunt Ln -Woodruff, Kline, Wang, Warden, Durning, Farkas/Gregory, Durning & Hamm), to the April 2, 2024 City Council Meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the April 2, 2024 City Council Meeting. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Me et in g Minutes March 19 , 2 024 Page 2 of20 City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report -Committee Chair There was brief discussion regarding the Nominating Committee Report handout not being available at the meeting . City Clerk Treasurer Kara Paxton stated the Nominating Committee Report had been attached to the agenda and was viewable online. She later clarified that a public notice had been sent on March 19 , 2024 at 8:34 a.m. with the Nominating Committee Report attached. They concluded that the City Council could request to table the item instead of pulling it from the agenda. Council Member Wiederkehr read the Nominating Committee Report and recommended the appointments as read. Council Member Bunch moved to accept the Nominating Committee Report as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions: None Consent: Approval of the March 5, 2024 City Council Meeting Minutes. APPROVED Arkansas Historic Preservation Program (Grant Acceptance): A resolution to authorize the acceptance of a Certified Local Government Grant from the Arkansas Historic Preservation Program in the amount of $40,000.00 for the University-Haskell Heights Context Study and the Spout Spring Nei ghborhood Context Statement, and to approve a Budget adjustment. Resolution 99-24 as recorded in the office of the City Clerk Yvonne Richardson Community Center (Donation Recognition): A resolution to approve a budget adjustment in the amount of $20,000.00 representing donation revenue to the Yvonne Richardson Community Center. Resolution 100-24 as recorded in the office of the City Clerk Mohawk Lifts, LLC. (Purchase Agreement): A resolution to approve t he purchase of automotive lifts , adapters and lift columns from Mohawk Lifts, LLC. in the amount of $105,055.34 plu s any applicable taxes , freight charges, installation charges and delivery fees up to $7,944.66, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 101-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 3 of20 Whelen Up-Fitting Parts and Accessories (Purchase Agreement): A resolution to authorize the purchase of Whelen Up-Fitting Parts and Accessories from local authorized distributors on an as needed basis through November 7, 2026 , and any renewal periods , pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 102-24 as recorded in the office of the City Clerk Bid 24-26 Jack Tyler Engineering, Inc. (Pump Replacement): A resolution to award Bid #24- 26 and authorize the purchase of two submersible pumps from Jack Tyler Engineering, Inc . in the amount of $200,053.30 , plus any applicable taxes and freight charges. Resolution 103-24 as recorded in the office of the City Clerk Bid 24-27 Environmental Technical Sales, Inc. (Pump Replacement): A resolution to award Bid #24-27 and authorize the purchase of a drain pump from Environmental Technical Sales , Inc. in the amount of $37,755.00, plus any applicable taxes and freight charges. Resolution 104-24 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. Public Hearing: West Transmission Waterline (Public Hearing). Paul Becker, Chief Financial Officer gave a brief description of the item. He stated the project was structured as a 20 year bond issue and was estimated to be completed in 2027. He stated there would be a zero interest payment on the bonds for 20 years , but there was a service fee attached of .75%. He projected the city to save approximately $20 million dollars by privately placing the issue through the revolving loan fund with the Arkansas Natural Resource Commission. He stated Corey Granderson was present to give further specifics of the project. Corey Granderson, Utilities Engineer stated the project connection had been identified many years ago and the permitting and design work had already begun. He introduced Nick Batker with McClelland Consulting Engineers to give details regarding the status of the project design and permitting. Nick Batker, Engineer and Floodplain Manager with McClelland Consulting Engineers stated they had completed 60% of the design of the project and were now moving towards a 90% design package. He stated the loan had to be closed before June 30 , 2024 to get the interest rate that Paul Becker had mentioned and explained that the construction should start in the fall , pipe installation should start early next year, and they were currently going through an environmental process for the permitting that they expected to get a finding of no significant impact on. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 4 of20 There was a brief discussion between Council Member Moore and Corey Granderson regarding the project details. Corey Granderson stated the project was Water Distribution Master Plan efforts which would help the city keep up with population growth and water usage growth in the area. There was a brief discussion between Council Member Moore , Corey Granderson and Senior Assistant City Attorney Blake Pennington regarding the number of condemnations that had occurred for the easements on the project. Blake Pennington stated the number of condemnations had started at 28 , with only six still being in active litigation. Corey Granderson stated 100% of the easement corridor had been acquired due to the city currently holding an Order of Possession , which granted the city access to the easements and a Clear Site Certificate to continue the project. Paul Becker briefly spoke of how the timeline on the project had originally been expected to come forth in 2027 or 2028, however due to underlying circumstances , the timeline had been accelerated. Mayor Jordan opened the floor for public comment. No one came forward to address the City Council. Mayor Jordan closed the Public Hearing. Unfinished Business: Permit-Ready Building Design Program (Amendment): An ordinance to enact§ 166.28 Permit- Ready Building Design Program to provide for the establishment of a Permit-Ready Building Design Program and associated development requirements specific to the program 's residential buildings , and to establish an initial program area. At the march 5, 2024 city council meeting, this ordinance was left on the First Reading. Council Member Bunch moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of the ordinance and its background. She spoke of how additional information regarding the program could be found on the City of Fayetteville's website and briefly addressed the proposed amendments that the Planning Commission and city staff recommended approval of. There was a brief discussion between Council Member Berna and Britin Bostick regarding the reasoning for bringing the program forward. Britin Bostick believed the City of Fayetteville would be the first city in Arkansas proposing these types of plans and stated that concerns regarding infill and compatibility of new housing within existing neighborhoods had brought the item forward. She stated the program could also help cut down some of the upfront costs of building and that it could assist with navigating the City of Fayetteville 's building code more successfully to help streamline the process of building a home. Council Member Bunch and Britin Bostick spoke briefly regarding how individuals would park on the lots. Briting Bostick gave a brief description of how the lots could be accessed and stated 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 5 of20 parking was not anticipated to be an issue, even on the smaller lots that would utilize the program plans. She stated some of the housing plans had rear and side facing garages , which aligned with the historical fabric of the neighborhoods. She stated if individuals were looking to build a detached garage or an attached garage to their floorplan , they could reach out to city staff to work through those modifications . She also spoke of how the first 18 feet of the lot driveways were required to have paving and then after that it would be up to the builder. The City Council received 4 public comments regarding this ordinance. There was a brief discussion between Britin Bostick and Council Member Jones regarding how the Permit-Ready Building Design Program area might impact the potential Historic Black District. Britin Bostick stated she did not anticipate the program to cause any conflicts with the potential district and expected the housing designs to be compatible. There was a brief discussion between Council Member Stafford and Blake Pennington regarding how taxes would be assessed if new buildings were developed. Blake Pennington stated that was handled by the county. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Blake Pennington and Jonathan Curth , Development Services Director, stated the proposed amendments for the ordinance were included within the City Council's agenda for consideration. Council Member Hertzberg moved to amend the ordinance to accept the proposed changes documented in the agenda packet. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Moore acknowledged and thanked city staff for their work on the ordinance . She believed the program was part of the solution for affordable housing and would be in support. Council Member Stafford recognized and thanked city staff for their work on the item. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6723 as Recorded in the office of the City Clerk New Business: UDC Amendment §171.13 (Permit-Ready Building Design Program): An ordinance to amend § 171.13 Property Owner to construct sidewalk or contribute cost of sidewalk of the Unified 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meetin g Minutes March 19 , 2024 Page 6 of 20 Development Code to provide for changes associated with the Permit-Ready Building Design Program , and to adjust the calculation for payment of fees in lieu of sidewalk construction. Senior Assistant City Attorney Blake Pennington read the ordinance. Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of the ordinance and its proposed changes. She stated the Planning Commission had not reviewed the ordinance ; it had come from city staff directly to the City Council for review. She stated staff recommended in favor of the ordinance and that she had not received any comments on the item. There was a brief discussion between Council Member Moore and Britin Bostick regarding how the City of Fayetteville kept funds from fee in lieu payments. Britin Bostick stated the fee in lieu payments went into a fund for construction and that city code stated the funds were meant to be spent in a way that served the development that was constructed. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6724 as Recorded in the office of the City Clerk West Transmission Waterline (Ordinance Approval): Placeholder for the West Transmission Water Line Funding Ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. He stated the item had been sent to the Arkansas Natural Resource Commission for review and requested that the City Council table the item for two weeks until the city had heard back from the commission. Council Member Berna moved to table the ordinance to the April 2, 2024 City Council Meeting. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the April 2, 2024 City Council Meeting. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 7 of20 Declare Housing Crisis / State of Emergency (Resolution): A resolution to declare a housing crisis in the City of Fayetteville. Council Member Jones requested that representatives from the Fayetteville Housing Coalition be permitted to give a ten minute presentation on the item. He stated the individuals were representing Arkansas Renters United , New Beginnings and Circles NWA. Billy Cook, Representative with Arkansas Renters United provided a brief explanation for how the group was formed with a goal to address housing in the City of Fayetteville. He spoke of the meetings the group had held to gather public input , which later led to the formation of the resolution. He stated Council Member Jones had sponsored the resolution and that Council Member Moore , Stafford and Wiederkehr had also been approached regarding the resolution. He stated the group now identified as the Fayetteville Housing Action Coalition . Ana Hurley, Big View Director at Circles NW A spoke briefly of her organization. She stated the 2023 average rent price in the City of Fayetteville was approximately $1 ,540 per month , while the minimum wage in the State of Arkansas was only $11 per hour. She explained how there was a lack of affordable housing for all residents in the City of Fayetteville . Solomon Burchfield, Executive Director of New Beginnings gave a brief description of the resolution and its solutions to housing in the City of Fayetteville. He briefly spoke of how the public input meetings had included a variety of individuals who had all come together to create the solutions mentioned. Council Member Jones stated there were several amendments to the original resolution that had been brought forward and clarified that the community had created the resolution. He briefly explained how he had only done what he was elected to do; listen to the community and bring the community 's concerns back to the City Council. Council Member Moore requested public comment be heard on the resolution before amendments were added to the item. Council Member Jones thanked Council Member Moore , he felt that would benefit the community members that had created the resolution. Council Member Stafford thanked the individuals who had presented on the item and believed everyone was working towards what they viewed as best for the City of Fayetteville. The City Council received 34 public comments regarding this resolution. Council Member Stafford spoke briefly of the workshop the City Council had attended together and of how he wanted the council members to collaborate. He had met with Senior Assistant City Attorney Blake Pennington and Chief of Staff Susan Norton regarding the creation of amendments to the resolution and thanked them both for their help. He spoke of how the City Council had received numerous public comments on the item , with one in particular being from a constituent in his ward who was unable to afford to move from his current home due to rising housing prices 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 8 of20 in the area. He briefly spoke of his proposed amendments that were included in the City Council Agenda Packet as Attachment #5. Blake Pennington stated there would need to be a motion and a second to amend the resolution. Council Member Moore requested the amendments from Council Member Wiederkehr be displayed and discussed to see if there was potential to include those to the resolution as well. There was brief discussion from the City Council on potentially combining the resolutions. Council Member Jones questioned if Council Member Stafford was proposing to make his amendments to the original resolution. Council Member Stafford stated that was correct. Council Member Berna stated housing was an important issue and recommended the resolution be tabled for two weeks so additional work could be done to clean up the language and so there was no confusion on what motions and amendments were being made. Council Member Stafford questioned if the resolution could be amended with his proposed amendments tonight and then tabled for two weeks. Council Member Moore spoke of potentially scheduling an Ordinance Review Committee Meeting to discuss the item further if it were tabled . Council Member Berna briefly spoke of how late the City Council Meeting was running and of how he had brought forward the recommendation of tabling the item so that the council members could make good decisions on their votes and recommendations. He also wanted to table the item due to the confusion of all of the proposed amendments . Council Member Jones stated his goal tonight was to table the resolution so that the City Council could provide names of the individuals who would be willing to serve on the task force based on the recommendations of the community. Council Member Stafford believed that sending the resolution to the Ordinance Review Committee would unnecessarily slow the process down and that he would like to go ahead with bringing his amendments forward tonight. Council Member Hertzberg briefly spoke of how busy the Ordinance Review Committee was with other ordinances and stated the item would take a long time to get to them for review. There was a brief continued discussion between the City Council Members regarding adding amendments and merging this resolution as well as the next resolution on the agenda, which was Council Member Wiederkehr's resolution, together. Council Member Stafford moved to amend the resolution as read by the Senior Assistant City Attorney Blake Pennington. Council Member Jones seconded the motion . Council Member Moore offered a friendly amendment to the motion on the floor to add the additional seven items on the resolution Council Member Wiederkehr had brought forward that acknowledged additional projects happening in the city. Council Member Wiederkehr briefly spoke of how his resolution was intended to document and acknowledge the work that was currently underway in the City of Fayetteville . He was comfortable with his resolution being separate or being tabled so that everyone could work together to produce a document that was agreeable to everyone. There was a brief discussion between Council Member Stafford and Mayor Jordan regarding confusion over whether the proposed amendments were being added to the current resolution or whether the current resolution as well as the next resolution on the agenda were both being tabled. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes March 19, 2024 Page 9 of20 Council Member Jones stated the portion of Council Member Wiederkehr 's resolution that highlighted the things the City of Fayetteville had already done to help with housing was also included in the resolution he had brought forward. Council Member Wiederkehr had concerns with amending his resolution now and losing some of its content when it could just be passed separately. He believed tabling the resolution would offer more time to review the changes and potentially merge the two resolutions. Council Member Jones requested clarification from Blake Pennington regarding how the resolutions could be merged. Blake Pennington explained how the City Council could adopt Council Member Stafford 's amendment and then bring another amendment to drag the seven bullet points from Council Member Wiederkehr ' s resolution over to the current resolution to merge them. Council Member Berna expressed confusion regarding what motion was on the table and what amendments were being proposed . He preferred that the City Council merge the two resolutions and then table it until a combined resolution could be brought forward . Mayor Jordan read item D.4 on the agenda; Action Summary & Anticipated Housing Support (Resolution), which was the resolution Council Member Wiederkehr had brought forward , and that there had been discussion regarding merging it with the current resolution. He stated there would need to be a motion and a second to suspend the rules and table item D.4. There was a brief discussion regarding a motion to table not having public comment. Council Member Wiederkehr moved to suspend the rules and table Item 0.4 on the agenda. Council Member Stafford seconded the motion. Council Member Wiederkehr requested the item be tabled for two weeks. Kara Paxton , City Clerk Treasurer, requested clarification regarding the motion on the floor. It was then discussed that it would be easier to suspend the rules and consider item D.4 before tabling it. Council Member Wiederkehr moved to suspend the rules and immediately consider item D.4 on the agenda. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Council Member Wiederkehr moved to table Item D.4 for two weeks. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Item D.4, Action Summary & Anticipated Housing Support (Resolution), was tabled to the April 2, 2024 City Council Meeting. There was a brief discussion of confusion among the City Council regarding whether item D.3 was meant to be tabled as well since item D.4 had been tabled. Council Member Moore and Council Member Stafford believed that item D.3 was to be amended with Council Member Stafford 's proposed amendments before being tabled. Council Member Hertzberg and Council Member Wiederkehr believed item 0.3 and D.4 were both to be tabled immediately so additional work could be done. 113 West Mountain Fayettev ille , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meetin g Minute s March 19 , 2024 Page 10 of20 Chief of Staff Susan Norton questioned what motion was currently on the floor , as she believed there sounded to be multiple different resolutions being spoken of. It was clarified that the resolution on the floor being amended was the original resolution Council Member Jones had brought forward for item D.3. Council Member Turk noted the confusion regarding the motions and believed it would be best to table the resolution so the City Council could work with Blake Pennington on an amended version . Council Member Jones agreed and seconded Council Member Turk 's request to table the resolution. Council Member Moore voiced concerns she had regarding conversations relating to amendments and changes happening to the resolution outside of the public 's view. She brought forward the potential of the City Council having a special meeting to work on the item. Council Member Jones requested Blake Pennington provide guidance on how the City Council could be transparent while working on the resolution. Blake Pennington stated the City Council could go through the resolution and pick the items they liked at the current meeting and then he would bring forth a resolution with all of those listed , or he could combine the resolutions without anyone 's input and bring it to the City Council in two weeks ' time , or the City Council could set up a workshop and have a public session to work through the items then. Council Member Turk moved to combine Item D.3 and D.4 and table the resolution until the April 2 , 2024 City Council Meeting. Council Member Jones seconded the motion. There was a brief discussion between Council Member Stafford , Council Member Wiederkehr and Blake Pennington regarding the motion on the floor. Council Member Wiederkehr believed it would be more efficient for the City Council if Blake Pennington reviewed all of the versions and amendments of the proposed resolutions to identify which items were in agreement and which items would be changes. Blake Pennington stated he would create a combined document that highlighted specific whereas 's and sections that overlapped between all of the documents for the City Council 's consideration. There was a brief discussion between the City Council regarding notifying each other whenever fellow council members had meetings so they could all be in attendance. Kara Paxton, City Clerk Treasurer explained policies and procedures of her office. She listed out the many workloads her office was responsible for as well as an explanation of how the public calendar worked when it came to the requests received from council members , city staff, community partners and the public. She also explained that her office very rarely received agendas before the ward meetings were held. She went on to request that if the council members were going to ask that each council member send a separate notification , in addition to the two notifications that were already being sent out by her office as well as attaching an agenda to the public meeting calendar, then the Rules of Order and Procedure need to be amended to include that requirement for all members of the City Council. Council Member Turk moved to combine item D.3 and D.4 and table the resolution until the April 2, 2024 City Council Meeting. Council Member Jones seconded the motion. Upon roll call the motion passed 7-1. Council Member Stafford, Jones, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Moore voted no. This resolution was tabled to the April 2, 2024 City Council Meeting. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov ----------------------------------------------- City Council Meeting Minutes March 19 , 2024 Page 11 of20 Action Summary & Anticipated Housing Support (Resolution): A resolution to summarize actions taken and anticipated to support housing production in the City of Fayetteville. Council Member Wiederkehr moved to suspend the rules and table the resolution until the April 2, 2024 City Council Meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the April 2, 2024 City Council Meeting. Ordinance to Amend §39.10 Water and Wastewater Damage Claims (Amendment): An ordinance to amend §39.10 Water and Wastewater Damage Claims and §39.11 Damage Claims other than Water and Wastewater Damage Claims of the Fayetteville Code to increase the amount of compensation that the City Council can award. Senior Assistant City Attorney Blake Pennington read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated one of the reasons for the requested amendment was due to the rising costs of labor and materials for repairs and to mitigate further damage durin g a water or sewer incident. Council Member Turk thanked Tim Nyander for bringing the ordinance forward. She spoke of prior water and sewer damage that had happened and believed the city was trying to be responsive . The City Council received 1 public comment regarding this ordinance. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. There was a brief discussion between Council Member Moore and Tim Nyander regarding how citizens would not be able to seek a different adjuster if there were any disagreements , they would have to come before the City Council and explain their case. 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. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6725 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 12 of20 Short-Term Rental (School Proximity Consideration): An ordinance to amend subsection (H) of§ 163.18 Type 2 Short-Term Rentals in Residential Zoning Districts of the Unified Development Code to include proximity to schools as a factor for the Planning Commission to consider. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Hertzberg briefly spoke of the work the Ordinance Review Committee had done on the ordinance and of how she believed in taking a proactive approach to difficult challenges . She gave a brief description of the ordinance . Council Member Moore briefly spoke of her experience involving short-t erm rentals near schools in Fayetteville. She wanted to increase the possibility for homes near the school system to be available for families and would be in favor of the proposal from Council Member Stafford to make the amendment a prohibition instead of just a factor. There was a brief discussion between Council Member Stafford and Blake Pennington regarding his proposed amendment being included in the agenda packet as Attachment #4 on the item. There was a brief discussion between the City Council , Blake Pennington and Jonathan Curth about guidance from City Attorney Kit Williams regarding changing the language to read that proximity to schools was a prohibition, not just a factor , for the Planning Commission to consider with Type Two Short-Term Rentals. Blake Pennington briefly exp lained how City Attorney Kit Williams had concerns with making that factor a prohibition. Council Member Stafford then requested if there was a way to prioritize the factor for consideration with the Planning Commission. Jonathan Curth , Development Services Director, explained how he could not think of an efficient way to incorporate that but encouraged the City Council to trust the Planning Commission to use that factor as one of their conditions when considering Type-Two Short-Term Rentals. Council Member Turk suggested that Council Member Stafford bring his amendment back at a different date if the proposed changes included in the ordinance did not work out as anticipated. Council Member Stafford brought forward a motion to amend the ordinance for there to be a 1,000 foot rule for Type Two Short-Term Rentals being near schools . Council Member Moore seconded the motion. Blake Pennington stated there was a 1,000 foot map available if the council wished to view it. It was clarified that the motion would make Type Two Short-Term Rentals a prohibition from being 1,000 feet near a school. Blake Pennington read the proposed amendment from Council Member Stafford. Jonathan Curth presented an image that depicted the Type Two Short-Term Rentals near schools in the City of Fayetteville as well as the diameters of their closeness. Council Member Stafford requested the City Council review the map being shown and clarified that his proposed amendment would stay close to the schools in a nonintrusive way. There was a brief discussion between Council Member Moore and Jonathan Curth regarding how the 1,000 foot rule would provide a buffer of approximately a block around the schools . 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 13 of20 There was a brief discussion between Council Member Wiederkehr and Jonathan Curth regarding whether the map included private schools. Jonathan Curth stated it did. There was a brief discussion between Council Member Bunch, Jonathan Curth , Council Member Stafford and Blake Pennington regarding the overlap of the map shown with some Downtown General zoning areas. Jonathan Curth briefly explained how hotels were allowed in the Downtown General Zoning district as a Conditional Use Permit but were not allowed by right. Blake Pennington clarified that the amendment would apply to the hotels in residential zones that required a Conditional Use Permit for Type Two Short-Term Rentals . Council Member Stafford moved to amend the language to match Department Correspondence received on March 19, 2024 at 11:39 a.m. Council Member Moore seconded the motion. Upon roll call the motion failed 3-5. Council Member Stafford, Jones and Moore voted yes. Council Member Wiederkehr, Berna, Bunch, Turk and Hertzberg voted no. This motion failed. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Hertzberg 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. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Wiederkehr stated he would be open to reconsidering Council Member Stafford 's proposed amendment in the future. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6726 as Recorded in the office of the City Clerk Short-Term Rental/ Conditional Use Permit (Notification Requirements): An ordinance to amend subsection (C) of§ 157.05 Conditional Use Permit in§ 157 Notification and Public Hearings of the Unified Development Code to require public notification to landowners and residents within 300 feet of the boundary line of a proposed Type 2 Short-Term Rental. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Hertzberg gave a brief description of the ordinance. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar.gov Senior Assistant City Attorney Blake Pennington read the ordinance. City Council Meetin g Minutes March 19 , 2 024 Pag e 14 of 20 Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6727 as Recorded in the office of the City Clerk Vacation-2023-0014: (490 W. Willoughby Rdfferminella, 718): An ordinance to approve V AC-2023-14 for property located at 490 West Willoughby Road in Ward I to vacate a 0 .08 acre portion of a general utility easement. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance . He stated staff recommended approval of the request with the condition that any damage or relocation of facilities be at the developer 's expense moving forward. He stated Frank Terminella was available online as the applicant for the item. Frank Terminella, Applicant stated he had no comments and appreciated staffs help on the item. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. 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. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6728 as Recorded in the office of the City Clerk Vacation-2024-0002: (N. Bob Younkin Dr and W. Bishop Dr/Legacy Ventures NWA, 251): An ordinance to approve V AC 24-002 for property located at North Bob Younkin Drive and West Bishop Street in Ward 3 to vacate approximately 140 square feet of street right of way . 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayetteville-ar.gov Senior Assistant City Attorney Blake Pennington read the ordinance. City Council Meeting Minutes March 19 , 2024 Page 15 of20 Jonathan Curth, Development Services Director gave a brief description of the ordinance . He stated staff found no issues with the request and had recommended in favor. He stated the Planning Commission had forwarded the item to the City Council with a unanimous recommendation for approval and that Tim Brisiel was present online as the applicant for the item. Tim Brisiel, Owner of Legacy Ventures NW A was available for questions. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. 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. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6729 as Recorded in the office of the City Clerk Rezoning-2024-0001: (3006 N. Old Missouri Rd./Old Missouri Land Development LLC, 253 & 254): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0001 for approximately 6.31 acres located at 3006 North Old Missouri Road in Ward 3 from RSF-4 , Residential Single-family, four units per acre; NS-G , Neighborhood Services General; and NC , Neighborhood Conservation to RSF-18, Residential Single-Family , eighteen units per acre and R- A , Residential Agricultural. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that when considering the request from a compatibility standpoint, staff found the request to be compatible with the area. He briefly spoke of how the rezoning would allow the property to be developed in different sets of patterns to allow different housing sizes for various needs. He stated the infill rating for the property was approximately a 4-5. He stated the property had a fair amount of slope , varying from about 10-15%, however none of it had been designated as a Hillside Hilltop Overlay District. He stated tree canopy percentages would remain approximately the same and spoke of how the request had received one public comment with concern regarding the potential for traffic issues. He stated staff recommended approval of the request and the Planning Commission forwarded it to City Council by a vote of 5-2. He stated Clay Morton or Phil Crabtree were present online as the applicants for the item. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov Clay Morton, Applicant for the Item was available for any questions . City Council Meeting Minute s March 19 , 2024 Page 16 of20 There was a brief discussion between Council Member Wiederkehr and Jonathan Curth regarding the potential street near the property and if the developers would be required to make a contribution to the development of said street. Jonathan Curth acknowledged the potential street and how it was listed in the City of Fayetteville 's Master Street Plan. He explained how the property had currently not been accessed for contributing those funds , but that could be reevaluated in the future as development occurred on the rest of the property. There was a brief discussion between Council Member Moore and Jonathan Curth regarding the concerns expressed by the Planning Commissioners that had voted no on the item. Council Member Stafford requested a map be displayed that depicted the proposed area and briefly spoke of growing up near the property. He commented on how many of the neighborhoods in the City of Fayetteville had been developed on steep slopes. Jonathan Curth spoke of how the rezone request allowed a more flexible layout for slope terrain. Council Member Berna stated that he had only received one public comment on the item , and it had been in support of the request. Council Member Turk and Jonathan Curth spoke briefly of the slope on the site and of the middle portion of the site being proposed to be rezoned. It was clarified that the steepest areas of the property were along the eastern and southeastern most portion and that the middle area of the property was proposed as Residential Agricultural , as it was intended to be for tree preservation. Council Member Stafford questioned if there would be tree preservation at the entrance point of the property on the southwest side that would be rezoned to Residential Agricultural as well. Jonathan Curth stated that was correct. Council Member Stafford stated he would be in support of the request. There was a brief discussion between Council Member Moore and Jonathan Curth regarding where the major water lines were located on the property. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Turk stated she would like additional information regarding the slope on the property and a chance to tour the area. She requested the ordinance be held on its second reading . Council Member Stafford briefly explained how he believed these were the kind of rezonings the City of Fayetteville needed for additional housing. He acknowledged the challenges regarding 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes March 19 , 2024 Page 17 of20 the topography of the site and refenced the nearby neighborhoods that had been developed on slopes and were doing fine. He would prefer the item to move forward tonight but would be amenable to it being left on the second reading. Council Member Turk requested additional information regarding the slope on the property to be presented at the next City Council Meeting. This ordinance was left on the Second Reading. Rezoning-2023-0037: (East of E. 9th St. & S. Washington Ave./Dakota Development LLC, 563): An ordinance to rezone the property described in Rezoning Petition RZN 2023-0037 for approximately 1.03 acres located east of East 9th Street and South Washington Avenue in Ward 1 from NC , Neighborhood Conservation to RJ-U , Residential Intermediate-Urban. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible and that when looking at the request from a Long Range Planning standpoint , staff found the requested to be complimentary of the Future Land Use Map designation . He noted that the property did not have access to a public street or to water and sewer. He stated the properties tree canopy would reduce down to 15% and that the property was identified to have hydric soils on site. He stated there had been a decent amount of public comment on the item , with many in favor of the request and a few with concerns regarding drainage. He stated staff recommended approval of the request and the Planning Commission forwarded it to City Council with a vote of 5-2. He stated Laurel David was present as the applicant for the item . Laurel David, Applicant for the Item thanked everyone for their service and assistance on the request. She stated there had been discussions with the Water and Sewer Department regarding opportunities to make connections for the property as well as possible street access. She stated they had consulted with two geotechnical companies who provided feedback that there did not appear to be any wetlands on the property. Council Member Stafford spoke of the community near the property and how it was a well-built neighborhood, he did not see any problems with the request for his constituents. There was a brief discussion between Council Member Moore , Jonathan Curth and Mayor Jordan regarding when the property had been rezoned to Neighborhood Conservation. It was discussed that the property had been rezoned approximately back around 2005 -2008. Council Member Turk requested an image of the hydric soil and drainage issues on the property. Jonathan Curth showed a depiction of the property that showcased the hydric soils in blue. Council Member Turk noted that over 60% of the property was indicated as hydric soil. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meetin g Minutes March 19 , 2024 Page 18 of20 Jonathan Curth explained how the maps were often based on U.S.G.S Maps , which were only used as baseline consideration , and he stated that further geotechnical work needed to occur. Council Member Bunch questioned if the area would be part of the Permit-Ready Building Design Program area. Jonathan Curth stated that was correct. Council Member Bunch believed the area was a good place to apply the rezoning and to let individuals use the Permit-Ready Building Design plans if they were applicable. There was a brief discussion between Council Member Stafford and Laurel David on whether the applicants had reviewed the Permit-Ready Building Design plans. Laurel David stated they had viewed the plans and would look at the possibility of utilizing them. Council Member Stafford requested the hydric soil overlay be shown again . He wanted everyone to see the kind of housing that had been built along the area and stated he would be in support of moving forward with the request as he believed the neighbors in the area would be happy for additional housing. Council Member Turk briefly spoke of the concerns expressed from citizens that had been included in the agenda packet for the item and of how she would prefer to hold the ordinance until the next City Council Meeting. Council Member Stafford questioned how many individuals had voiced concerns. Jonathan Curth stated five members of the public spoke against the item at the Planning Commission meeting . Council Member Turk stated there were nine public comments included in the agenda packet that voiced concerns over the request. Council Member Stafford was ready to move forward with the item and for it to pass . He believed the request was suitable for the neighborhood and spoke of how there was currently an urgency for housing in the City of Fayetteville. Council Member Stafford moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 6-2. Council Member Stafford, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Turk and Hertzberg voted no. Senior Assistant City Attorney Blake Pennington read the ordinance. 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 6-2. Council Member Stafford, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Turk and Hertzberg voted no. 113 West Mountain Fayetteville , AR 72701 (479 ) 575 -8323 www.fayetteville-ar .gov Senior Assistant City Attorney Blake Pennington read the ordinance. City Council Meeting Minutes March 19 , 2024 Page 19 of20 Council Member Wiederkehr believed the concerns expressed from the public regarding impervious surface were legitimate and spoke of how the City Council represented the whole city on every vote that was taken. He would be comfortable supporting the request. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council ~ember Stafford, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member ·Turk and Hertzberg voted no. Ordinance 6730 as Recorded in the office of the City Clerk Appeal: Administrative-2024-0001: (S. Ed Edwards Rd, Mally Wagnon Rd, S. Hunt Ln - Woodruff, Kline, Wang, Warden, Durning, Farkas/Gregory, Durning & Hamm): A resolution to grant the appeal of the Planning Commission's denial of ADM-2024-0001, and to amend the Master Street plan to remove an approximately 1.5 mile section of a Planned Residential Link Street between South Mally Wagnon Road and South Dead Horse Mountain Road. Council Member Bunch moved to table the resolution to the April 2, 2024 City Council Meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the April 2, 2024 City Council Meeting. Announcements: Susan Norton, Chief of Staff announced there would be a Bulky Waste Eve nt happening on Saturday, March the 23 rd . Council Member Wiederkehr apologized to City Clerk Treasurer Kara Paxton for the confusion earlier regarding the hardcop y of the Nominating Committee Report. He clarified that the City Clerk's Office had included the packet digitally and that he was apologetic for missing it. Kara Paxton, City Clerk Treasurer thanked Council Member Wiederkehr and stated she would pass his comment along to the Communications Specialist, Jonathan Ramire z. City Council Agenda Session Presentations: None City Council Tour: None 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov 7 I I Adjournment: 11:42 p.m. L C ity Council M eetin g Minu tes Ma rc h 19 , 2024 Page 20 of20 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar.gov