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HomeMy WebLinkAbout2024-09-17 - Minutes -Cou nc il Me m be r Robert B. S taffo rd Ward I Positio n I Coun c il Me mber D ' And re Jo nes Ward I Posi ti o n 2 Co un ci l Me mbe r Sarah Moo re Ward 2 Positi o n 1 Co un c il Me m be r Mi ke W iederk e hr Ward 2 Positio n 2 Mayor Lio neld Jordan City Attorney Kit Wi lliam s City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting September 17 , 2024 C ity Coun c il Meetin g Minutes Se pte mb er 17, 2024 Page I o f 15 Counc il Me m be r Scott Berna Wa rd 3 Pos it io n I Coun c il Me m be r Sarah Bu nc h Wa rd 3 Pos itio n 2 Counc il Mem be r Te resa T urk Ward 4 Pos itio n I Coun ci l Me m be r Ho ll y Hertzberg Ward 4 Pos iti o n 2 A meeting of the Fayetteville City Council was held on September 17 , 2024 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayettev ille, Arkansas. May or Jordan called the meeting to order. PRESENT: Council Members Robert B. Stafford, D ' Andre Jones , Sarah Moore, Mike Wiederkehr, Scott Berna, Teresa Turk, Holly Hertzberg , May or 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. Council Member Sarah Bunch arrived to the meeting at 5:33 p.m. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: N o ne City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report -Committee Chair Council Member Wiederkehr read th e N o min atin g Co mmittee Re po rt and reco mm end ed th e indi v idu a ls li sted. Council Member Turk moved to accept the Nominating Committee Report as read. Council Member Jones seconded the motion . Upon roll call the motion passed 7-0. Council Member Berna, Turk, Hertzberg , Stafford, Jones , Moore and Wiederkehr voted yes. Council Member Bunch was absent for the vote. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www.fayetteville-ar .gov Agenda Additions: None Consent: Approval of the September 3, 2024 City Council Meeting Minutes APPROVED City Council Meeting Minutes September 17 , 2024 Page 2 of 15 N79TW, LLC. (Ground Lease): A resolution to approve a thirty year ground lease agreement with N79TW , LLC , for airport property located immediately north of the Terminal building for the construction of a I 00x 180 hangar and attached office space , with an option to extend the ground lease for an additional ten year term. Resolution 229-24 as recorded in the office of the City Clerk NWA Rolloff Dumpsters (Service Agreement): A resolution to approve an agreement between the City of Fayetteville and NWA Rolloff Dumpsters to haul and dispose of solid waste within the City . Resolution 230-24 as recorded in the office of the City Clerk Marek Recycling, LLC. (Service Agreement): A resolution to approve an agreement with Marek Recycling and Waste Services of NW Arkansas , LLC for the hauling of solid waste and recyclable material in the City of Fayetteville. Resolution 231-24 as recorded in the office of the City Clerk Blue Ribbon Site Services, LLC. (Service Agreement): A resolution to approve an agreement with Blue Ribbon Site Services , LLC for the hauling and disposal of solid waste in the City of Fayetteville. Resolution 232-24 as recorded in the office of the City Clerk CBRE, Inc. Cushman & Wakefield of Texas, Inc. and Texas Appraisal Team, LLC. (Appraisal Services): A resolution to award RFP 24-11 and authorize the purchase of on-call appraisal services from CBRE, Inc .; Cushman & Wakefield of Texas, Inc.; and Texas Appraisal Team , LLC based on rates and availability as needed through December 31 , 2025 , with three automatic one-year renewals . Resolution 233-24 as recorded in the office of the City Clerk Olsson, Inc. (Service Contract): Resolution to award RFQ #24-0 I Selection #7 and approve a contract with Olsson in an amount not to exceed $45 ,000.00 for grant writing services for an EPA Community Change grant, and to authorize the Mayor to apply for and accept the grant. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov Resolution 234-24 as recorded in the office of the City Clerk C ity Co uncil Meeting Minutes September 17 , 2024 Page 3 of 15 Stormwater Funding Study (Contract Amendment): A resolution to approve Amendment No. 4 to the Professional Services Agreement between the City of Fayetteville , Arkansas and Jacobs Engineering Group , Inc f/k/a CH2M Hill Engineers , Inc. in an amount not to exceed $92 ,780.00. Resolution 235-24 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Vacation-2024-0016: (1001 W. Bulldog Blvd./Fayetteville Public Schools, 522): An ordinance to approve the vacation of 0.61 acres of a tree preservation easement located at I 00 I West Bulldog Boulevard in Ward I in exchange for the Fayetteville School District 's offer to dedicate an additional 2.05 acres of tree preservation easement and additional accommodations. At the August 20 , 2024 City Council Meeting this item was Left on the First Reading and tabled to the September 17 , 2024 City Council Meeting. Senior Assistant City Attorney Blake Pennington stated staff had a new proposal for the City Council to consider and that they could vote to amend the ordinance to the new language provided. Council Member Moore moved to amend the ordinance to match staffs recommendation. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Stafford moved to amend the ordinance to require an urban forester to identify and remove invasive species within the easement and add back species that were suitable for the area. He also moved to amend the ordinance to strike "streamside restoration" language from Section 7. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Melissa Evans, Urban Forester gave a brief description of the ordinance. Dr. John Mulford, Superintendent of Fayetteville Public Schools gave a brief presentation on the request. He spoke of how the City of Fayetteville had grown over the years and how the Fayetteville Public Schoo ls needed additional parking spaces available for incoming students. Council Member Turk questioned how many trees had been cut down in 2011 when the Fayetteville High School had went through an expansion. Melissa Evans stated she did not have that number currently available. 113 West Mountain Fayetteville , AR 72701 (479 ) 575-8323 www .fayetteville -ar .gov City Council Meeting Minutes September 17 , 2024 Page 4 of 15 There was a brief discussion between Council Member Stafford and Melissa Evans regarding the replacement trees that would be planted in the area. There was a brief discussion between Council Member Berna and Jonathan Curth regarding an easement between the City of Fayetteville and the Fayetteville Public Library. The City Council received 30 public comments regarding this ordinance. Council Member Stafford briefly spoke of the mixed feedback the community had given regarding the ordinance. He believed the school board had done a good job in working with staff and his amendments to try to mitigate any damage. He appreciated everyone and spoke of how it was a very complex and difficult decision. Council Member Moore spoke of how a lot of diligence and collaboration had been done with the proposal. She then went on to speak of how children were living based on the actions that adults around them were taking. She pointed out that the City Council 's decision tonight was regarding vacating a tree preservation and spoke of how the comments that had been heard from families were regarding how they needed the ability to move on and off the school campus in a way that met their needs, and she didn 't necessarily hear that they were requesting the parking deck as being that solution. She spoke of safety concerns regarding students traveling to school and how the City was making strides in creating safer streets. She also spoke of how she wanted to ensure children 's ability and capability of navigating the world were not taken from them. She stated she couldn 't be supportive of vacating the easement. Council Member Berna clarified that until the cities that surrounded Fayetteville bought into the regional concept of public transportation, it would never happen in his lifetime. He stated the request had been very difficult and went on to praise everyone for their work on the item . He briefly explained how he believed the public good of the proposal outweighed the loss of the trees . He spoke of how the City of Fayetteville and the School Board both had a fiduciary responsibility to spend taxpayer funds wisely . He did not believe everyone was happy with the outcome , which made him feel as though a good alternative had been met. He would be in support of the request. Council Member Bunch stated that her immediate response to the proposal had been of how the City had made a promise to protect the trees . She stated that at the beginning, she had been received a lot of emails regarding the request from citizens that had been in support. She briefly spoke of how the School Board had looked at other possibilities and that parking had been an ongoing issue for years . She had listened to those in favor of the request and those in favor of saving the trees and had felt that the proposal was a compromise. She was leaning toward supporting the request and believed it would help keep students safe. She stated it was not her favorite solution, but she believed it was the best one for the situation. Council Member Jones acknowledged how difficult the decision had been and that the school district had done everything that had been required of them and more. He stated that ultimately it came down to student safety , so he would be supporting the request. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville-ar .gov City Council Meeting Minutes September 17 , 2024 Page 5 of 15 Council Member Turk stated she had approached the request from a stance of science and City policy. She went on to speak of the species of trees on the site and how they were important with carbon sequestration. She estimated that the trees together sequestered approximately 877 pounds of carbon per year. She believed the City Council needed to be thinking of the environment and how the trees supported life. She spoke of heat islands and how a parking deck would add more to the heat effect happening in the area and that the trees on the site met the definition of being significant trees . She noted the proposed Urban Forestry Master Plan as well as the City 's Climate Action Plan. She continued to speak of the benefits of the trees on the site and how she did not believe the request was an equal match to the removal of the trees. She would not be in support of the request and believed the School District needed to go back and reconsider other areas , create an equal proportionality for carbon sequestration and look at other options such as shuttle busses and carpooling. She believed this was important for the future of the children in the area, as they would be the ones affected by climate change. Council Member Hertzberg acknowledged the issue with public transit and believed it required a regional approach. She believed the request was not the best outcome for everyone but believed this was a problem that deserved a solution and that the students didn 't need to be penalized from things outside of their control. She would be in support. Council Member Wiederkehr believed this was a tough and challenging situation for the City Council and that it mattered a great deal to the community. He had been displeased with the original offering from the School Board and had been pleased that the City 's Urban Forestry staff had pushed back. He stated that if the proposal had been for a for-profit operation, he would have easily said no. He felt that it was a challenging compromise that was not ideal , but believed the compromise was the path the City needed to take forward. He also reminded everyone that the City was not voting on a parking structure , they were voting to eliminate a tree preservation easement which would cause the City to accept a new easement with new conditions. He briefly spoke of how he was a tree person but believed that in fairness, the School District had met the conditions necessary outlined by City staff, so he would be supportive. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 6-3. Council Member Berna, Bunch, Hertzberg, Jones and Wiederkehr voted yes. Council Member Turk, Stafford and Moore voted no. Mayor Jordan voted yes. 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 Jones seconded the motion. Upon roll call the motion passed 6-3. Council Member Berna, Bunch, Hertzberg, Jones and Wiederkehr voted yes. Council Member Turk, Stafford and Moore voted no. Mayor Jordan voted yes. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Stafford stated he would be voting no and wanted the record to show how very divided and hard the decision had been for everyone to come to. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes September 17 , 2024 Page 6 of 15 Council Member Turk stated the City had made a commitment in 2011 and believed this sent a very bad message to the students that the commitment was now being voided. She saw this as undermining the City 's tree preservation ordinance and believed this decision would be used against the City with developments in the future. She was disappointed that it appeared the proposal would pass and believed this was a serious problem for Fayetteville. Council Member Moore spoke of her reasoning for coming into public service and how kids were watching and there was a need for them to be able to navigate through difficult things. She believed this would create an incredible dissonance and misalignment in the community. Mayor Jordan thanked Melissa Evans, Jonathan Curth, the School District and Susan Norton for their work on the request. He then went on to s peak of how he trusted his staff and would be supporting them however the vote went. There was a brief discussion between Council Member Stafford and Senior Assistant City Attorney Blake Pennington regarding if there could be a 'present ' vote. Council Member Berna noted that it was illegal for 16 year olds in the State of Arkansas to be driving with anyone in the car with them , as carpooling had been brought up in the discus s ion. He felt it was unfair of the City Council to chastise the School Board for requesting a vacation when the pathway to ask for a revocation was outlined in the ordinance itself and because the City had vacated a portion of an easement for the Fayettevi lie Public Library in the past. Council Member Bunch thanked Melis sa Eva ns , Jonathan Curth and staff for their work. She spoke of how this had not been her favorite decision but felt that she would be in support. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Member Berna, Bunch, Hertzberg, Jones and Wiederkehr voted yes. Council Member Turk, Stafford and Moore voted no. Ordinance 6791 as Recorded in the office of the City Clerk New Business: Council Member Moore moved to suspend the rules and move item C.4, National Pan- Hellenic Council Day (Resolution), to be heard at the beginning of New Business. Council Member Stafford seconded the motion. Upon roll call the motion passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. National Pan-Hellenic Council Day (Resolution): A re so lution designating September 17th annually as national Pan-Hellenic Council Day in the City of Fayetteville to recognize the contributions made to soc ial change by members of nine black sororities and fraternities known as the Divine Nine. 113 West Mountain Fayetteville . AR 72701 (479) 575-8323 www .fayetteville -ar.gov City Council Meeting Minutes September 17, 2024 Page 7 of 15 Council Member Jones gave a brief description of the resolution . He noted Parice Bowser, Assistant Vice Chancellor for Greek Life at the University of Arkansas , was present to accept the recognition. Mayor Jordan presented a Certificate of Recognition and a Proclamation to the members of the Divine Nine. The City Council received I public comment regarding this resolution. Council Member Jones moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Resolution 236-24 as recorded in the office of the City Clerk Water Damage Claim (Laura Gray): A resolution pursuant to §39.1 0(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the total amount of $56,549.22 to Laura Gray for a water damage claim arising at 1284 East Shadow Ridge Drive . Senior Assistant City Attorney Blake Pennington stated he had passed out an amended resolution to the City Council and requested the resolution be amended to reflect the new language. Council Member Moore moved to amend the resolution to match the language provided by Senior Assistant City Attorney Blake Pennington. Council Member Berna seconded the motion. Upon roll call the motion passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Senior Assistant City Attorney Blake Pennington read the title of the resolution. Tim Nyander, Utilities Director stated the resolution in its previous form had been before the Water and Sewer Committee on July 9, 2024 and was unanimously forwarded to the City Council with recommendation of approval. The City Council received I public comment regarding this resolution. Council Member Moore moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Senior Assistant City Attorney Blake Pennington stated payments over $50,000 required a two thirds majority vote and wanted the record to be clear that it had been a two thirds majority vote to approve the payments. Resolution 23 7-24 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 September 17 , 2024 Page 8 of 15 Specialized Real Estate Group (Cost Share Agreement): A resolution to approve a cost share agreement with Specialized Real Estate Group as agent for owner, Markham Residential Owner, LLC in the amount of $252 ,901.07 for trai I improvements along the west side of the North Sang A venue extension from West Halsell Road to West Markham Road , and to approve a contingency in the amount of $10,000.00. Matthew Mihalevich, Active Transportation Manager gave a brief description of the resolution. The City Council received I public comment regarding this resolution. Council Member Berna moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Resolution 238-24 as recorded in the office of the City Clerk 2025 Millage Levy (Ordinance): An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2025 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen 's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund , 2.5 mills for Fayetteville Public Library Operations and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County , Arkansas. Senior Assistant City Attorney Blake Pennington read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance and stated he was available for questions. There was a brief discussion between Council Member Moore and Paul Becker regarding how the City was currently at 2.2 mills for the General Fund. Paul Becker clarified that the ordinance would be moving it to 2.3 mills and that the slight change would generate approximately $269 ,000. He spoke of how the City had been at 2.3 mills from 2016 through 2023 but had been forced to roll back I /10 of a mill. He clarified that the ordinance would take the City back to where it had been for eight years. 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 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes . Council Member Turk and Wiederkehr were absent for the vote. 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 6-0. Council 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville -ar .gov City Council Meeting Minutes September 17, 2024 Page 9 of 15 Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were 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 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Ordinance 6792 as Recorded in the office of the City Clerk 920 W. Elm St. (Raze and Removal): Resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Razorback Housing LLC ; C/0 David Bird located at 920 West Elm Street in the City of Fayetteville , Arkansas ; and to approve a budget adjustment in the amount of $39,000.00 . Mayor Jordan opened the public hearing. Billy Bryant, Senior Code Compliance Officer gave a brief overview of the City 's raze and removal process and of the property . He stated staff had inspected and started a raze and removal case on the property on May 29 , 2024. He stated staff had then mailed the owner, David Bird with Razorback Housing LLC , a notice of violation that the owner had signed for. He stated no action had been taken by the property owner but there had been an interest expressed in applying for a demolition permit, however there had been no permit application received by the City. He stated there had been indications of trespassing and vagrant activity on the property and illegal dumping. He then went on to explain the various issues staff had found on the property. Robert Rhoads, Attorney with Hall Estill Attorneys At Law stated he represented the property owner, who had just closed on the property at the beginning of the year. He stated he had been retained by the property owner approximately IO days ago and spoke of how the property owner was willing to take care of the issues on the property. He stated they would have had a demolition permit already, however not having photographs of all four sides of the structure on the property had put a halt to that. He stated they would get a demolition permit filed by the end of the week and requested that the City Council table the item until the first meeting in March , which would give them plenty of time to get the structure demolished and hire someone to put a gate up at the property to keep people from dumping on the site. Council Member Stafford stated he was in favor of the City not getting involved if the client was moving forward and getting a demolition permit. He was unsure if he wanted to table the item for as long as had been requested and wanted to ensure the demolition permit was acquired . Robert Rhoads stated he would get the demolition permit done and would send an email to the City Council with the permit number. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes September 17 , 2024 Page 10 of 15 Council Member Stafford stated that would be a better solution than having the City pay for the demolition and put a lien on the property. He would be amicable to the property owner doing the work if they were willing to move forward. Jonathan Curth, Development Services Director agreed that not going through the lien filing process and working through the bid was preferable for staff. He reflected on previous successful raze and removals the City had done and how having shorter periods of tabling in order to hold the property owners responsible to ensure they were hitting their checkpoints had worked out well. He stated staff had concerns that as the City entered the more extreme weather months , the structures on properties could become dangerous as they were open to the elements. There was a brief discussion between Council Member Moore and Robert Rhoads regarding if two months was enough time for the property owner to acquire the demolition permit and be able to update the City Council. Robert Rhoads answered yes . Council Member Bunch stated Jonathan Curth had brought up a good point regarding the winter months and would like for the structure on the property to be secured and a fence to possibly be put up. She also spoke of how she would like to check on the item again sooner than six months. There was a brief discussion between the City Council regarding the process of tabling the item . Council Member Berna stated he was in favor of tabling the item for two months. Council Member Stafford questioned if that was enough time. Robert Rhoads stated two months would be great. Council Member Berna moved to table the resolution to the November 19, 2024 City Council Meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed 6- 0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. This resolution was tabled to the November 19, 2024 City Council Meeting. 1965 N. Stephen Carr Memorial Blvd. (Raze and Removal): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Porter & 49 Opportunity Fund LLC ; C /O Alex G Miller located at 1965 North Stephen Carr Memorial Boulevard in the City of Fayetteville, Arkansas; and to approve a budget adjustment in the amount of $15 ,000.00. Mayor Jordan opened the public hearing. Council Member Berna questioned that since this item and the next two were contiguous, could the City Council make a motion to join the items together. Senior Assistant City Attorney Blake Pennington stated the items had to be voted on separately , but the City Council could suspend the rules for the public hearing to include all three titles of the items. Council Member Berna moved to suspend the rules to combine all three items to be heard at once (C.6, C.7 and C.8). Council Member Stafford seconded the motion. Upon roll call the motion passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Mayor Jordan 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville -ar .gov City Council Meeting Minutes September 17 , 2024 Page 11 of 15 read the titles of 1909 N. Stephen Carr Memorial Blvd. (Raze and Removal) and 1893 N. Stephen Carr Memorial Blvd. (Raze and Removal). Billy Bryant, Senior Code Compliance Officer gave a brief description of the resolutions . He stated that staff had inspected the properties on June 6, 2024 after receiving an anonymous complaint. He stated staff had mailed a notice of violation to the property owner and had received a signed certified mail receipt card . He stated there had been signs of vagrant activity , structures were open to the element's , overgrown vegetation was present and there were large amounts of debris cluttered around some of the structures. He stated staff's recommendation for all three requests were to raze and remove them and approve the budget adjustment for the demos. Mayor Jordan closed the public hearing on all three of the requests. The City Council received I public comment regarding this resolution. Council Member Berna questioned if the property owner had been notified of all three properties at the same time. Billy Bryant stated all of the letters had been sent at the same time. There was a brief discussion amongst the City Council, Billy Bryant and Jonathan Curth regarding communication with the property owner. Billy Bryant stated he had spoken with the property owner, who had mentioned selling the property, over the phone once and had not heard back from him since. He then went on to explain how staff normally did not do follow up calls. Council Member Moore spoke of potentially reaching back out to follow up. Jonathan Curth clarified that the property owner had been sent a registered letter, which they had signed for , as well as notification of the public hearing, which they had also signed for. Council Member Bunch believed that given the process the City went through for notification , the property owner would have reached out if they had experienced calamity. She had been by the property and noticed a for sale sign up and felt that the owner was possibly waiting for the City to tear down the structure to make the property more marketable. Council Member Stafford agreed that the property owner had received plenty of time to respond and spoke of how once the City completed the demolition on the property and put a lien on it , then if the property owner tried to sell the property it would be recorded on the property. He questioned if the lien would cover staff's time and effort, as well as the cost of the demolition itself. Billy Bryant stated there was a formula the City used that calculated staff's time on top of the demolition costs. He stated that after the work was completed , they would send the property owner a bill that they had 30 days to pay , and if they didn 't pay within that timeframe, staff would then start the lien process . Council Member Hertzberg stated the property owner had received plenty of notice and did not see any reason for the City Council to wait. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 17 , 2024 Page 12 of 15 Council Member Hertzberg moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 5-1. Council Member Berna, Bunch, Hertzberg, Stafford and Jones voted yes. Council Member Moore voted no. Council Member Turk and Wiederkehr were absent for the vote. Resolution 239-24 as recorded in the office of the City Clerk 1909 N. Stephen Carr Memorial Blvd. (Raze and Removal): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Porter & 49 Opportunity Fund LLC; C /O Alex G Miller located at 1909 North Stephen Carr Memorial Boulevard in the City of Fayetteville, Arkansas ; and to approve a budget adjustment in the amount of $38 ,000.00. Mayor Jordan had opened the public hearing on this item during the previous item. Council Member Hertzberg moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 5-1. Council Member Berna, Bunch, Hertzberg, Stafford and Jones voted yes. Council Member Moore voted no. Council Member Turk and Wiederkehr were absent for the vote. Resolution 240-24 as recorded in the office of the City Clerk 1893 N. Stephen Carr Memorial Blvd. (Raze and Removal): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Porter & 49 Opportunity Fund LLC ; C /O Alex G Miller located at 1893 North Stephen Carr Memorial Boulevard in the City of Fayetteville , Arkansas; and to approve a budget adjustment in the amount of $55,000.00 . Mayor Jordan had opened the public hearing on this item two items ago. Council Member Hertzberg moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 5-1. Council Member Berna, Bunch, Hertzberg, Stafford and Jones voted yes. Council Member Moore voted no. Council Member Turk and Wiederkehr were absent for the vote. Resolution 241-24 as recorded in the office of the City Clerk Unified Development Code -Chapter 161 (Amendment): An ordinance to amend Chapter 161 Zoning Regulations of the Unified Development Code to enact § 161.36 Urban Corridor and Establish Zoning Regulations for the new zoning district, to amend § 160.01 Establishment of Districts to add the new district, to amend § 163 .11 Sexually Oriented Business to allow sexually oriented businesses as a conditional use , to amend § 164.25 Tandem Lot Development to establish building setbacks for tandem lots , to amend § 167.04 Tree Preservation and Protection During Development to Establish a Minimum Canopy Requirement , and to amend Chapter 174 Signs to establish sign regulations for the new zoning district. 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 September 17 , 2024 Page 13 of 15 Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of the ordinance. She stated there had been two public comments in favor of the request and noted that the Environmental Action Committee had wrote a letter in support of the new zoning district. She stated staff recommended in favor and the Planning Commission forwarded it to the City Council with a vote of 6-2. There was a brief discussion between Council Member Stafford and Britin Bostick regarding details of the proposal. Britin Bostick went on to clarify what fell under the term sexually oriented businesses and how existing businesses and new businesses would be able to operate. Council Member Berna stated he had received very little comment about the item and believed that spoke to the incredible job staff had done regarding communication. He thanked Britin Bostick for her work. Britin Bostick thanked Council Member Berna and recognized the community for their work as well. Council Member Stafford agreed with Council Member Berna. The City Council received 2 public comments regarding this ordinance . Council Member Moore echoed the thanks to staff, the Planning Commission and Long Range Planning. She noted that it had been discussed of how the City Council would look at and address the mention of short-term rentals in the item. She wanted the City Council to review if it made sense , given that the City of Fayetteville had declared a housing crisis , to leave short-term rentals as a permitted use in the new zoning district. She also noted the build-to zone being 30 feet and hoped there would be more conversation in the future regarding how that aligned with the placement of utilities and infrastructure investments. Council Member Moore moved to amend the ordinance to change short-term rentals from a permitted use to a conditional use. Council Member Jones seconded the motion. Council Member Hertzberg stated she would prefer to have short-term rentals in a higher density area, such as what was being proposed with the new zoning district and would prefer to leave that as a permitted use. Council Member Stafford agreed with Council Member Hertzberg. He believed that the proposed area would be a better place for short-term rentals and would not be in support of the amendment. Council Member Moore moved to amend the ordinance to change short-term rentals from a permitted use to a conditional use. Council Member Jones seconded the motion. Upon roll call the motion failed 1-5. Council Member Moore voted yes. Council Member Berna, Bunch, Hertzberg, Stafford and Jones voted no. Council Member Turk and Wiederkehr were absent for the vote. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 17 , 2024 Page 14 of 15 Council Member Stafford moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Berna 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 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan thanked Britin Bostick for her work on the proposal. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Ordinance 6793 as Recorded in the office of the City Clerk Vacation-2024-0019: (707 E. Huntsville Rd/Park Meadows, 564): An ordinance to approve Y AC-24-19 for property located at 707 East Huntsville Road in Ward I to vacate a 0.09 acre portion of 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 in favor of the request with the two conditions outlined in the proposal. He noted Taylor Lindley was present as the applicant for the item. Taylor Lindley, Vice President Civil-Infrastructure with Crafton Tull stated they were m agreement with staff's recommendation for approval and would be available for questions . Council Member Stafford stated he had not received any feedback on the proposal and was excited to see the project move forward. Council Member Stafford moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Senior Assistant City Attorney Blake Pennington read the ordinance. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville -ar .gov C ity Council Meeting Minutes September 17 , 2024 Page 15 of 15 Council Member Stafford 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 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were 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 6-0. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Turk and Wiederkehr were absent for the vote. Ordinance 6794 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff announced that the Fall Bulky Waste Cleanup would start on September 28 , 2024. City Council Agenda Session Presentations: 2025 Preliminary General Fund Budget -Chief Financial Officer 2025 Millage Levy -Chief Financial Officer City Council Tour: None Adjournment: 10: 19 p.m. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov