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HomeMy WebLinkAbout2024-08-20 - Minutes -Coun c il Member Robert B. Stafford Ward 1 Position 1 Counc il Member D 'Andre Jones Ward I Position 2 Coun c il Member Sarah Moore Ward 2 Position I Counci l Member Mike Wiederkehr Ward 2 Position 2 Ma yo r Lio neld Jo rd an City Atto rn ey Kit Wi lli ams City Clerk Treas ur er Kara Paxt on City of Fayetteville Arkansas City Council Meeting August 20, 2024 City Council Meeting Minutes August 20, 2024 Page I of 15 Counc il Memb er Scott Berna Ward 3 Pos ition I Counci l Member Sarah Bunch Ward 3 Position 2 Counci l Member Teresa T urk Ward 4 Position 1 Counci l Member Holly Hert zberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on August 20, 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: Mayor Jordan announced that there would be no public comment taken on item C.3 , Vacation- 2024-0016: (1001 W. Bulldog Blvd ./Fayettevi lle Public Schools, 522): 202 4-417 due to a request to table the item. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None 11 3 West Mountain Fayetteville , AR 7270 1 (479 ) 575 -832 3 www fayettev1lle-ar gov Consent: Approval of the August 6, 2024 City Council Meeting Minutes. APPROVED City Council Meeting Minutes August 20 , 2024 Page2ofl5 Garver, LLC. (Task Order 09): A resolution to approve Task Order No. 9 with Garver, LLC. in the amount of $48 ,000.00 for design , bidding and construction phase services associated with the Hangar Infrastructure Improvements project at Drake Field , to authorize the acceptance of a $300 ,000.00 grant from the Arkansas Department of Aeronautics to fund the project , and to approve a budget adjustment. Resolution 210-24 as recorded in the office of the City Clerk Osprey Initiative, LLC. (Service Contract): A resolution to award RFP 24-04 and authorize a one year contract with Osprey Initiative, LLC. in an amount of up to $275 ,000 for waterway cleanup services, with automatic renewals for up to four additional one year terms. Resolution 211-24 as recorded in the office of the City Clerk CentralSquare Technologies, LLC. (Software Agreement): A resolution to authorize a one year solutions and support agreement with CentralSquare Technologies , LLC. in the amount of $27 ,595.33 to provide software maintenance and support for the City 's work order and asset management software with automatic renewals subject to a 5% price increase each year. Resolution 212-24 as recorded in the office of the City Clerk Raftelis Financial Consultants, LLC. (Service Contract): A resolution to authorize a contract with Raftelis Financial Consultants , LLC. pursuant to RFP 24-08 , in the amount of $111 ,858.00 for the development of a comprehensive rate study for the Recycling and Trash Collection Division , to approve a 10% project contingency , and to approve a budget adjustment. Resolution 213-24 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Unified Development Code -Chapters 166.02, 167.04 (Amendment): An ordinance to amend § 166.02 Development Review Process and § 167.04 Tree Preservation and Protection of the Unified Development Code to modify development requirements associated with tree preservation requirements. At the July 16, 2024 City Council Meeting this ordinance was left on the first reading. At the August 6, 2024 City Council Meeting this ordinance was left on the second reading. 113 West Mountain FayettevIlle , AR 72701 (479 ) 575 -8323 www fayetteville-ar .gov City Council Meeting Minutes August 20, 2024 Page 3 of 15 Council Member Wiederkehr moved to suspend the rules and move B.1 to be heard before C.3. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. This item was moved and placed under New Business Item C.2 Administrative-2024-0036: (Amend UDC Chapters 166.01 , 166.02, 169.03). Rezoning-2024-0026: (West of 2910 N. Old Wire Rd/Livingston Subdivision, 254): An ordinance to rezone the property described in Rezoning Petition RZN 2024-26 for approximately 1.87 acres located west of 2910 North Old Wire Road in Ward 3 from NC , Neighborhood Conservation to RSF-18 , Residential Single Family , Eighteen Units Per Acre. At the July 16, 2024 City Council Meeting this ordinance was left on the first reading. At the August 6, 2024 City Council Meeting this ordinance was left on the second reading. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated the applicant had offered a Bill of Assurance and then went on to describe its components. He stated staff recommended in favor of the request and the Planning Commission had forwarded it to the City Council by a vote of seven to one. He noted Robert Rhoads was present as the applicant. Robert Rhoads, Attorney with Hall Estill Attorneys at Law stated he was present with Ben Harvey from Britten um Construction Company. He then went on to give a brief description of the request and of the Bill of Assurance they were offering to the City Council. He addressed concerns regarding traffic and water runoff in the area. He stated the request had come forward due to his clients reading about the City experiencing a housing crisis and needing additional homes. He stated his clients had worked with staff to come up with the request and that staff had been in favor and the Planning Commission had voted seven to one in favor as well. He requested that the City Council pass the request. Council Member Turk noted that the proposal had limited rentals to being no more than five in the entire subdivision. She questioned if that also included short term rentals. Robert Rhoads stated that was correct. There was a brief discussion between Council Member Berna, Jonathan Curth and Chris Brown, Public Works Director, regarding concerns for increased traffic in the area and concerns for water runoff. Chris Brown went on to explain how the increase in traffic would be minimal with this request , compared to the overall subdivision , and stated that at some point in time the City would look at a capital project to possibly address those issues as they increased . Chris Brown explained how all the runoff water from the subdivision would flow into a detention pond , which would then flow into Niokaska Creek. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes August 20 , 2024 Page 4 of 15 There was then a brief discussion between Council Member Stafford and Jonathan Curth regarding the homes that would potentially be built along Old Wire Road. Jonathan Curth explained how there were 13 lots that would touch Old Wire Road , plus an additional nine with the request. Council Member Wiederkehr and Jonathan Curth had a brief discussion regarding how the front setbacks from the street would get impacted by the request. Jonathan Curth presented an image of the property and described the requirements under the existing Neighborhood Conservation Zoning District as well as the requirements under the Residential Single Family , 18 Units Per Acre Zoning District. The City Council received 4 public comments regarding this ordinance. Senior Assistant City Attorney Blake Pennington referenced the Bill of Assurance that had been provided and noted that items 1.A and 1.B were enforceable by the City , however there was an issue with 1.C due to the City having to rely on the POA to enforce the restriction listed in that section. He stated the City would have difficulties enforcing that section speaking to rentals in the subdivision with its current language. There was a brief discussion between Council Member Moore and Senior Assistant City Attorney Blake Pennington regarding how the Bill of Assurance could not be amended by the City Council. Council Member Stafford spoke of how Fayetteville was a City of majority renters. He then went on to clarify how he believed what the City Council had approved last year for the property fit with the neighborhood more so than the current request. Council Mem her Berna spoke of how he was proud of how the neighbors and developers had met together on the request. He then spoke of how he had been in a meeting with the previous developers who had assured the neighbors they could not develop more than 55 lots , and therefore he could not be in support of this new request due to the community having that previous assurance. Council Member Turk stated she had concerns regarding water issues and traffic. She noted there were no sidewalks in the area and stated she had not been in support of the last rezoning request for the property , and she would not be in support of this request either. She felt it was too dense of a request for the area. Council Member Wiederkehr expressed apprec1at10n for the developer 's transparency and commended the neighbors for behaving in a hospitable and appropriate manner in discussing their desires. He could not recall how he had voted on the previous rezoning request for the property and then went on to speak of how the neighborhood had done their part in accommodating growth for that area of the City . Council Member Bunch believed everyone had behaved admirably and recalled the meeting Council Member Berna had referenced where the neighbors had been assured there wouldn 't be over 55 lots . She did not feel as though the new request was appropriate and had concerns regarding traffic . She would not be in support. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 WNW fayettev1\le-ar.gov City Council Meeting Minutes August 20, 2024 Page 5 of 15 Council Member Moore expressed appreciation to the residents. She then spoke of the amount of new individuals coming to the City of Fayetteville and the region everyday that would need housing. She understood everyone 's concerns however , she believed that every home that did not get built near the core of town would be built in the periphery which would cause more issues for infrastructure, safety and traffic. She believed that more households in the area would be important later on in making improvements to the City. She would be in support of the request. Council Member Stafford agreed that the City was in a housing crisis and needed additional housing however , the City Council had already increased density within the neighborhood and needed to be mindful and make sure they increased density carefully and deliberately. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 1-7. Council Member Moore voted yes. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Stafford and Jones voted no. This ordinance failed. Rezoning-2024-0028: (East of Harmon Field on S. Duncan Ave./Modus Studio, 522): An ordinance to rezone the property described in Rezoning Petition RZN 2024-28 for approximately 3.7 acres located east of Harmon Field on South Duncan Avenue in Ward 2 from RMF-40 , Residential Multifamily , 40 Units Per Acre to MSC , Main Street Center, subject to a Bill of Assurance. At the July 16, 2024 City Council M eeting this ordinance wa s amended to include a revised Bill of A ssurance and left on the first reading. At the August 6, 2024 City Council Meeting this ordinance was left on the second reading. Council Member Bunch moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated that a revised Bill of Assurance had been submitted by the applicant and then went on to give a brief summary of the contents within the Bill of Assurance. He noted Chris Baribeau was present as the applicant. Chris Baribeau, Principal Architect with Modus Studio gave a brief description of the request and of their goals for the site. He went on to explain how the University of Arkansas was experiencing enrollment growth and housing demand and went on to speak of how the request would bring forth the potential for student housing near the University. He continued on with a slideshow presentation of the request and shared information regarding the site's topography. Walt Beasley, Manager of Harmon Place Apartments stated he had been retained by the owner of the property to assist the current tenants with displacement. He explained that upon approval of the request , the current tenants would not experience any rent changes , they would be given a minimum of a six month termination notice to relocate , and during those six months of notice , the 113 West Mountain Fayetteville . AR 72701 (479 ) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes August 20, 2024 Page 6 of 15 tenants would be offered three months full rent, plus a full refund of their deposit to help offset their displacement costs. The City Council received 2 public comments regarding this ordinance. There was a brief discussion between Council Member Bunch , Council Member Moore and Jonathan Curth regarding the variability of a 10 to 30 foot easement that the applicant was considering potentially dedicating toward tree preservation in the area. Jonathan Curth clarified that staff had not evaluated that at the moment. Council Member Wiederkehr stated his issue with the request was in regard to preserving the affordable housing that currently existed or for redevelopment of the current site for more housing. He then went on to explain how he believed the site would be redeveloped at some point, and if the current tenants were going to be displaced , the City should maximize the benefit to the entire community by maximizing additional housing that was added to the area. He appreciated the developer for voluntarily assisting with the relocation of the current tenants. Council Member Berna stated he looked at the request along the same lines as Council Member Wiederkehr. He noted that at the beginning there had been a lot of opposition from the current tenants regarding being displaced , and now that the developer had addressed those concerns , he had not heard anything else from anyone . He agreed that the highest possible gain for the community would be where the City Council needed to go. Council Member Bunch questioned if anything regarding this Bill of Assurance gave the City Attorney any pause or concerns. Senior Assistant City Attorney Blake Pennington answered no. He believed this Bill of Assurance to be enforceable by the City. He reminded the City Council that if they wanted to accept the Bill of Assurance , they would need to amend the ordinance to accept it in place of the Bill of Assurance accepted previously. Council Member Turk recognized that the City needed additional housing , however she had concerns with the location and the removal of the existing homes on the site that were currently affordable. She also had concerns regarding the slopes on the site, traffic and of the area becoming a heat island. She would not be in support of the request but commended the developer for assisting the displaced tenants. Council Member Stafford agreed with some of Council Member Wiederkehr and Berna's points. He noted that whether the City Council approved or denied the request , the residents would potentially be displaced , and the property would get redeveloped at some point. He believed it important the City maximize their efforts to create as much replacement housing as possible and that more housing would create more affordable housing numbers. He thanked the developer for their work and would be in support of the request. Council Member Moore spoke of the struggles in building housing stock while maintaining existing, affordable housing stock. She had concerns regarding the area becoming too homogenous 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2024 Page 7 of 15 and not keeping its character, but she would be in support of the project because she believed it to be a great opportunity for more developments around the campus to absorb incoming students and into the community. She appreciated the conversation and proactive approach regarding the displaced residents and treating them with respect and working toward assisting them . She believed this could set a precedent moving forward with other potential developments. Council Member Wiederkehr moved to amend the ordinance to accept the Bill of Assurance. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan spoke of how the University of Arkansas was growing each year by approximately 2 ,000 students and that they would need somewhere to live. He believed this to be the ideal spot for university students and appreciated everyone working together. Mayor Jordan asked shall the ordinance pass. Upon roll call the. ordinance passed 7-1. Council Member Moore, Wiederkehr, Berna, Bunch, Hertzberg, Stafford and Jones voted yes. Council Member Turk voted no. Ordinance 6783 as Recorded in the office of the City Clerk New Business: Sales and Use Tax Bonds (Issuance Authorization): An ordinance authorizing the issuance and sale of the City 's not to exceed $15 ,000 ,000 Sales and Use Tax Capital Improvement Bonds , Series 2024 , for the purpose of financing all or a portion of the costs of certain street and park facilities and improvements; authorizing the execution and delivery of a second supplemental trust indenture pursuant to which the series 2024 bonds will be issued and secured ; authorizing the execution and delivery of an official statement pursuant to which the series 2024 bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the series 2024 bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. Senior Assistant City Attorney Blake Pennington read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Stafford voted yes. Council Member Jones was absent for the vote. 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 Berna seconded the motion. Upon roll call the motion passed 7-0. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayettev1lle-ar gov City Council Meeting Minutes August 20, 2024 Page 8 of 15 Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Stafford voted yes. Council Member Jones was absent for the vote. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Mayor Jordan corrected a statement he had made earlier regarding the University of Arkansas growing by 2 ,000 students a year. He went on to clarify that the University was only growing by 1,000 students per year. Ordinance 6784 as Recorded in the office of the City Clerk Administrative-2024-0036: (Amend UDC Chapters 166.01, 166.02, 169.03): An ordinance to amend§ 166.01 Development Categories ,§ 166 .02 Development Review Process and§ 169.03 Review and/or Permits Required ; exceptions of the Fayetteville City Code to address development classifications , concept plan requirements , and grading permit requirements. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. The City Council received I public comment regarding this ordinance. Council Member Stafford moved to amend the ordinance. There was confusion amongst the City Council regarding how the ordinance was being amended. Council Member Turk requested that a discussion take place before the City Council moved forward with amending the ordinance. She noted that Senior Assistant City Attorney Blake Pennington had laid out three options that the City Council could amend the ordinance to regarding the cutoff date for applications submitted to qualify under the ordinance ; the date of the first reading , the date the ordinance was passed or the effective date of the ordinance. She would prefer to amend the ordinance to be the date of the fir st reading. Council Member Wiederkehr stated he would advocate that the City Council pick a date certain, such as what Council Member Turk had proposed , or the date the ordinance was passed , so that everyone was aware of when the changes would go into effect for applications. Senior Assistant City Attorney Blake Pennington explained how staff recommended the City Council to amend the ordinance to reflect Option 3 , the effective date option. The City Council continued further discussion regarding the three options for amending the ordinance. Jonathan Curth then briefly spoke of how staff recommended Option 3, the effective date of the ordinance , which would afford developers time to submit projects under the old rules before the effective date of the ordinance passed and the y would be held under the new rules . Council Member Stafford stated that seemed the fairest option and he would like to move forward with amending the ordinance to reflect Option Three. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayettev1lle-ar .gov City Council Meeting Minutes August 20 , 2024 Page 9 of 15 There was a brief discussion between Council Member Bunch and Jonathan Curth regarding something that had been stated during public comment. Council Member Turk and Jonathan Curth then went on to have a discussion regarding the typical length of time reviews took for certain projects. Jonathan Curth stated a typical grading permit review was between 30-45 days , a typical residential permit review was between 7-14 days , a typical commercial permit review was 30 days and then some of the larger projects would be bumping up against the 31 day enactment period of the ordinance becoming effective. Council Member Berna stated he did not believe it to be efficient to put developers in a situation where they would have to start over after starting their application process . He would go along with staffs recommendation and be in support. There was a brief discussion between Council Member Moore and Jonathan Curth regarding if some of the projects that took months for review would have any protections or exclusions from the new code changes. Jonathan Curth stated that was possible and then went on to explain how at the end of the year, if projects were not in active review , they would expire out. Council Member Moore thanked Jonathan Curth for his clarification and then stated she would be happy with going with Option 1 or Option 2 , as she believed the definitive date being important. Council Member Wiederkehr briefly spoke of how the proposed code changes within the ordinance would be good and assist in preserving investments by the community . Council Member Stafford questioned where Council Member Wiederkehr stood on the proposal. Council Member Wiederkehr stated he would still prefer the City Council have the date certain , but he would not be opposed to going with Option 3 for the effective date. Council Member Stafford briefly spoke of how he would be in favor of Option 3, and that would be what he would propose to the City Council on moving forward with an amendment to . Council Member Berna, "I'll second that." Senior Assistant City Attorney Blake Pennington stated he was unsure if the language regarding the three options had made it out to the public , and then proceeded to read the language that the ordinance would be amended to with Option 3. Mayor Jordan questioned if September 20 th would be when the ordinance would go into effect. Jonathan Curth, "That's correct, Mayor." Council Member Stafford moved to amend the ordinance to accept staff's recommendation as read by Senior Assistant City Attorney Blake Pennington. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. 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. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 WNW fayettev1lle-ar gov Senior Assistant City Attorney Blake Pennington read the ordinance. City Council Meeting Minute s August 20, 2024 Page 10 of 15 Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6785 as Recorded in the office of the City Clerk Unified Development Code -Chapters 166.02, 167.04 (Amendment): An ordinance to amend § 166.02 Development Review Process and § 167 .04 Tree Preservation and Protection of the Unified Development Code to modify development requirements associated with tree preservation requirements. At th e July 16, 2024 City Council Meeting thi s ordinance was left on the first reading. At the August 6, 2024 City Counc il Meeting this ordinance was left on the se cond reading. This Agenda it em was moved earli er in the meeting to this section. Council Member Bunch moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated staff had no new updates on the proposal and that staff had recommended in favor as well as the Planning Commission by a vote of seven to one. He noted Council Member Stafford had a proposed amendment to the ordinance. Council Member Stafford gave a brief description of his proposed amendment, which was attached to the agenda, that he believed would give properties with Accessory Dwelling Unit 's (ADU 's) more of a buffer to be able to add extra parking space, sidewalks, patios or front porches . He motioned for the City Council to pass the amendment. There was a brief discu ss ion regarding the amendment. Senior Assistant City Attorney Blake Pennington then went on to read how the amendment would be added to the ordinance. Council Member Turk offered a friendly amendment to Council Member Stafford's amendment for the Hillside Hilltop Overlay District and the inclusion of significant trees. Council Member Stafford stated he would welcome that amendment, so long as staff did not believe it would add any complications. 113 West Mountain Fayetteville , AR 72701 (4 79) 575-8323 www fayettev1lle -ar .gov City Council Meeting Minutes August 20 , 2024 Page 11 of 15 There was a brief discussion regarding the proposed amendments currently on the floor. Senior Assistant City Attorney Blake Pennington clarified that Council Member Stafford would have to accept Council Member Turk's friendly amendment before it could be incorporated. He noted that Council Member Stafford's motion did not currently have a second. Council Member Stafford stated he would be willing to accept the friendly amendment from Council Member Turk. He questioned if the amendment would create any complications. There was a brief discussion between Jonathan Curth and John Scott, Urban Forester, on the potential complications. Mayor Jordan asked how the amendment would now read. Blake Pennington, "A person seeking to construct an accessory dwelling unit on property that already contains a principal dwelling with a certificate of occupancy is specifically exempt from the provisions of this section , except when the land is located within the hillside hilltop overlay district or contains a significant tree , then all the provisions of this ordinance shall apply ." Mayor Jordan questioned if everyone was good with the amendment. Council Member Wiederkehr spoke of how the City would not know if there was a significant tree on the property if it had been exempted. Council Member Stafford questioned if that was something staff would do a quick review of. Jonathan Curth clarified that his concern was that to determine if there was a significant tree on the property , there would need to be some manner of a site survey from the applicant. He understood the amendment as exempting applicants from needed to do that work. Melissa Evans, Urban Forester spoke of how staff would have to verify that there were no significant trees on properties and then could waive it , but if there were , staff would work with the applicants to figure out additional work. Council Member Turk spoke of how her friendly amendment did not seem to accomplish what she had hoped it would. She had fears that if the City Council exempted the ADU ' s, there would be the possibility that significant trees be cut down without anyone knowing. She withdrew her friendly amendment. Council Member Stafford stated he would like to go forward with his amendment because he did not want to overburden the ADU infill developments and believed them to be necessary. Council Member Moore seconded Council Member Stafford 's amendment. She then questioned how many ADU 's had come forth so far this year. Council Member Stafford stated that in the last six months , his amendment would have only affected three out of the 28 projects that had went through review. He clarified that meant that 25 of the projects would have been put into the new review cycle with the code changes , and three would have been excluded with his proposed amendment. 113 West Mountain Fayetteville AR 72 701 (479) 575-8 323 www fayettev1lle-ar gov City Council Meeting Minutes August 20 , 2024 Page 12 of 15 Jonathan Curth clarified that Council Member Stafford 's amendment was specific to ADU 's associated with existing houses. He stated the City saw a fair amount of ADU construction with new homes that would not benefit from the amendment. Council Member Stafford stated that if someone was doing a new project with an ADU , they would still have to abid e by the code changes and that his amendment was very limited in its scope. Council Member Stafford moved to amend the ordinance to match the information sent to Senior Assistant City Attorney Blake Pennington. Council Member Moore seconded the motion. Upon roll call the motion failed 3-5. Council Member Moore, Stafford and Jones voted yes. Council Member Wiederkehr, Berna, Bunch, Turk and Hertzberg voted no. The City Council received 3 public comments regarding this ordinance. Council Member Wiederkehr expressed his appreciation for staffs and the community 's work on the item as well as their input. Mayor Jordan stated he had met with a group that had concerns regarding the proposal. He then went on to thank everyone for coming to tonight 's meeting . Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Jones voted yes. Council Member Stafford was absent for the vote. Ordinance 6786 as Recorded in the office of the City Clerk Vacation-2024-0016: (1001 W. Bulldog Blvd./Fayetteville Public Schools, 522): An ordinance to approve the Vacation of0.61 acres of a tree preservation easement located at 1001 West Bulldog Boulevard in Ward 1 in exchange for the Fayetteville School District's offer to dedicate an additional 2.25 acres of tree preservation easement. At the 08/20/2024 City Council Meeting the applicant ha s requested that Council table this item until the 09/03 /2024 City Council M ee ting. Senior Assistant City Attorney Blake Pennington stated that if the item were to be tabled , the City Council would not have to go through the First Reading yet. Jonathan Curth, Development Services Director stated the applicant had made a written request that the item be tabled to the September 3, 2024 City Council Meeting and then had submitted a more recent request to table the item to the September 17 , 2024 City Council Meeting . He stated the applicant had requested additional time to gather more information. Mayor Jordan concurred that the applicant had requested the item be tabled to September 17 th . Council Member Berna moved to table the ordinance to the September 17, 2024 City Council Meeting. Council Member Bunch seconded the motion. Upon roll call the motion passed 7- 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayetteville -ar gov City Council Meeting Minutes August 20, 2024 Page 13 of 15 0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Jones voted yes. Council Member Stafford was absent for the vote. This ordinance was tabled to the 09/17/2024 City Council meeting. Appeal: Rezoning-2024-0030: (N. Futrall Dr between Wedington Dr & MLK Blvd./Watson, 480): An ordinance to rezone the property described in Rezoning Petition RZN 2024-30 for approximately 6.62 acres located at on North Futrall Drive between Wedington Drive and MLK Boulevard in Ward 4 from RSF-4 , Residential Single-Family , Four Units Per Acre to NS-G , Neighborhood Services -General. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and noted that there had been several pieces of public comment forwarded to the City Council regarding the appeal with concerns to preservation of surrounding properties and the slope of the property . He stated staff recommended approval of the request and the Planning Commission had ultimately denied it by a vote of four to four. He noted the applicant had offered a Bill of Assurance for the request. Will Kellstrom, Attorney with Watkins Boyer Gray & Curry PLLC gave a brief description of the request and it's surrounding area . Council Member Turk stated she had hoped for a map outlining the topography of the area. She noted there were steep slopes throughout the property and felt it would be nice to have that information. There was a brief discussion between Council Member Moore and Jonathan Curth regarding what could potentially be developed within the Use Unit B for NS-G , Neighborhood Services -General Zoning District. Jonathan Curth clarified how some office allowances specific to professional offices could be developed . Council Member Moore then questioned if the City Council could put restrictions on the types of uses that could happen with the request. Senior Assistant City Attorney Blake Pennington answered no and clarified that the City Council was considering the request as it currently was. Council Member Moore spoke of her hesitation with the request being struggling with what made most sense for the area with its nearby amenities and what could potentially be developed. She was unsure if she was ready to rezone it to NS-G , but she could be movable on that going forward. Council Member Wiederkehr questioned when the property had been zoned RSF-4 , Residential Single Family , Four Units Per Acre. Jonathan Curth believed the property had previously been zoned R-1 , which was the predecessor to RSF-4 . He stated that property had a single family zoning designation since being annexed into the City in 1967. 113 West Mountain Fayetteville AR 72701 (479 ) 575-8323 www fayettev1lle-ar .gov City Council Meeting Minutes August 20, 2024 Page 14 of 15 Council Member Wiederkehr appreciated the applicant proposing the tree preservation on the site and maintaining it at 25%. He then spoke of the challenges of the proposed zoning district and how he imagined the tension on staff when working with the applicant to say Community Services was too intense of a zoning , and this proposal being a middle ground for staffs recommendation to be obtained . Council Member Turk spoke of how steep the site was and of how low the property 's infill score was. She questioned what the distance was to the nearest water and sewer hookup and then spoke of how the applicant had mentioned possibly 15 units per acre being developed . She believed that to be an intense use of the land and felt that the property needed to be left the way it currently was . The City Council recei v ed 2 public comments regarding this ordinance. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Wiederkehr seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Jones voted yes. Council Member Stafford was absent for the vote. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Hertzberg requested the item be left on it 's Second Reading for further review and so the City Counc il could receive a topography map of the site. Senior Assistant City Attorney Blake Pennington reminded the City Council of the Bill of Assurance that had been offered. Council Member Hertzberg moved to amend the ordinance to accept the Bill of Assurance. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Jones voted yes. Council Member Stafford was absent for the vote. This ordinance was left on the Second Reading. Announcements: Susan Norton, Chief of Staff announced that the Animal Services Department was waiving adoption fees until the end of August. Kara Paxton, City Clerk Treasurer announced that the application to apply for Boards , Committees and Commissions with the City of Fayetteville was currently open until the deadline date of Friday , August 23 rd at 5 PM. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www fayettev1lle-ar .gov City Council Agenda Session Presentations: City Council Meeting Minutes August 20 , 2024 Page 15 of 15 West Fork of the White River Stream and Pump Station Restoration Update -Alison Jumper & Sandi Formica. City Council Tour: None Adjournment: 8:47 p.m. 113 West Mountain Fayetteville AR 72 701 (479 ) 575-8323 www fayettev1lle-argov