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HomeMy WebLinkAbout2024-10-01 - Minutes -Co uncil Member Rob ert B. Stafford W ard I Po sition I Co uncil Member D ' Andre Jones W ard I Po si tion 2 Co uncil Member Sarah Moore Ward 2 Po sition I Co uncil Member Mike Wiede rkehr Ward 2 Po sition 2 Mayor Lioneld Jordan C ity Attorney Kit Williams City C lerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting October 1, 2024 City Council Meeting Minutes October I, 2024 Page I of 15 Cou ncil M emb er Scott Bern a W ard 3 Position I Co uncil M emb er Sarah Bunch Ward 3 Po sition 2 Co uncil M ember Teresa Turk W ard 4 Po sition I Cou ncil Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on October 1, 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, Sarah Moore, Mike Wiederkehr, Scott Berna~ Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member D' Andre Jones arrived at 5:36 pm. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan recognized members of Rusty Turner's Journalism class from the University of Arkansas. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report -Chief Financial Officer Paul Becker, Chief Financial Officer gave a brief description of the Monthly Financial Report . He stated the City was up approximately 1.3% in the General Fund compared to last year but was still down compared to budget for this year. He noted there were major rebates against education and wireless communication carriers , which had detracted from and affected the sales tax. He stated the City was down 5% compared to budget for sales tax in the General Fund and stated that all in all, the City was down 2.9% in revenue estimates. He spoke of the Street Fund and how it 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville-ar .gov City Council Meeting Minutes October I , 2024 Page 2 of 15 was starting to level out compared to previous years and that Water and Sewer Services were flat. He then went on to speak of the Recycling and Trash collection being flat compared to budget and Airport sales being up 2% over la st year. Agenda Additions: Ordinance to Amend § 161.36 Urban Corridor: An ordinance to amend § 161.36 Urban Corridor by enacting new (H) protections for single-family zoned districts to provide the same protections for adjoining single family residential districts as currently required for Urban Thoroughfare and all multi-family districts. Council Member Turk stated this Agenda Addition was related to item D.2, Rezoning-2024- 0038: (71 B Corridor Rezoning Request), so she would like to move and place this item to be heard in conjunction with the related one . There wa s a brief discussion regarding how a copy of the Agenda Addition had been emailed to the City Cowncil members and had als o been included in the agenda. Council Member Turk moved to suspend the rules and add the item to the agenda under New Business item D.2, Rezoning-2024-0038: (71B Corridor Rezoning Request). Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. This item was added to the agenda and placed under New Business item D.2. Consent: Approval of the September 17, 2024 City Council Meeting Minutes APPROVED Verizon Communications, Inc. (Purchase Agreement): A resolution to approve the purchase of wireless services and equipment from Cellco Partnership d /b/a Verizon Wireless , pursuant to a National Association of State Procurement Officials Valuepoint Cooperative Purchasing Agreement, on an as needed basis through August I I , 2025 and any future renewal periods. Resolution 242-24 as recorded in the office of the City Clerk Premier irailer Sales, Inc. (Purchase Agreement): A resolution to approve the purchase of a 20 ' low profile tandem axle trailer from Premier Trailer Sales in the amount of $17 ,292 .70 , plus any applicable surcharges , freight charges , and delivery fees up to I 0% of the original purchase price , and to approve a budget adjustment. Resolution 243-24 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 October I , 2024 Page 3 of 15 Lewis Ford Sales, Inc. (Purchase Agreement): A resolution to approve the purchase of a Ford F 150 Hybrid from Lewis Ford Sales , Inc., pursuant to Ordinance 6491 , in the amount of $53 ,298.00, plus any applicable surcharges, freight charges, and delivery fees up to · I 0% of the original purchase price, and to approve a budget adjustment. Resolution 244-24 as recorded in the office of the City Clerk RJN Group, Inc. (Service Agreement): A resolution to approve a Professional Engineering Services Agreement with RJN Group, Inc., pursuant to RFQ #24-0 I Selection #3, in an amount not to exceed $267,380 .00 for waterline condition assessment pre-planning services , and to approve a budget adjustment. Resolution 245-24 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. (Amendment No. 1): A resolution to approve Amendment No . I to the Professional Engineering Services Agreement with McClelland Consulting Engineers , Inc. in the amount of $35 ,300 .00 for construction phase services for the College Avenue Waterline Replacement Project. Resolution 246-24 as recorded in the office of the City Clerk Walmart Revenue Recognition (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $15 ,000 .00 recognizing revenue received from Wal-Mart. Resolution 247-24 as recorded in the office of the City Clerk State Fire Protection Services Program -Act 833 (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $32 ,658.00 allocating state fire protection services program funds for the purchase of fire equipment. Resolution 248-24 as recorded in the office of the City Clerk Police Department Policies (Council Approval): A resolution to approve Fayetteville Police Department Policies 1.1 .1 Law Enforcement Agency Role ; 1.2 .1 Limits of Authority; 12.1.1 Organizational Structure, Function and Direction; 12.2.1 Policies , Procedures , Rules Development, & Review Procedures ; 41.1.1 Patrol; 41.2.5 Missing Persons ; 41.3 .6 Narcotic Overdose Intranasal Naloxone; 42.1.1 Criminal Investigations ; and 71 .1.1 Detainee Transportation. Resolution 249-24 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville -ar.gov Public Hearing: City Council Meeting Minutes October I , 2024 Page 4 of 15 Don Cabron Night Club, Inc. (Private Club Application): An ordinance to approve the application of Jessica Aguilar-Hiett, on behalf of VIP Club d /b/a Don Cabron Night Club, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue , Suite 6. Mayor Jordan opened the Public Hearing. City Attorney Kit Williams read the ordinance. Tim Shepard, Police Department Administrative Services Captain gave a brief description of the ordinance. He stated the Police Department had responded to three calls of service at the location , none of which had shown any wrongdoing of the business itself. He stated the Police Department had completed 50 business checks at the location and had found no issues. He noted the staff at the location had always been cooperative. He acknowledged questions that had been received regarding the property owner not having experience in running a business that served alcohol by noting there was a partner involved that had that experience. Jessica Aguilar Hiett, Owner of Don Cabron Night Club stated she was available for questions . Council Member Turk thanked Captain Shepard for addressing her questions. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6795 as Recorded in the office of the City Clerk U nfinishetl Business: Urban Fo11estry Management Plan (Approval): A resolution to approve and adopt the Urban Forestry Management Plan. At the February 6, 2024 C ity Cou ncil Meeting this resolution was tabled to the August 6, 2024 City Council Meeting. At the August 6, 2024 City Counci l Meeting this resolution was tabled to the October 1, 2024 City Cou ncil Meeting. John Scott, Urban Forester stated staff was waiting for feedback from the public regarding the item and therefo re requested it be tabled to the November 7 , 2024 City Council Meeting . 113 West Mountain Fayetteville . AR 72701 (479) 575 -8323 www .fayetteville-ar.gov City Council Meeting Minutes October I , 2024 Page 5 of 15 Council Member Stafford moved to table the resolution to the November 7, 2024 City Council Meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the November 7, 2024 City Council meeting. New Business: Chapter 97.081 -Conduct in Parks (Amendment): An ordinance to amend § 97.08 I, Intoxicating Beverages in Chapter 97, Parks Natural Resources, and Cultural Affairs to clarify that the Botanical Garden Society of the Ozarks may allow alcoholic beverages to be served on its premises without the need for a special event permit. City Attorney Kit Williams read the ordinance. Alison Jumper, Parks , Natural Resources and Cultural Affairs Director gave a brief description of the request and stated the ordinance would provide clarification that the Botanical Garden Society of the Ozarks did not need any further city permits to serve alcohol on the lease premises , so long as they fully complied with the City's alcoholic beverage control requirements. 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. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6796 as Recorded in the office of the City Clerk Rezoning-2024-0038: (71B Corridor Rezoning Request): An ordinance to rezone the property described in Rezoning Petition RZN 2024-38 for approximately 586 acres for various properties within the city limits along the 71 B Corridor located primarily on North College Avenue and School Avenue in Wards I, 2, and 3 from various zoning districts to Urban Corridor and RSF-4, Residential Single-Family, Four Units Per Acre. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville -ar .gov City Council Meeting Minutes October I , 2024 Page 6 of 15 Council Member Berna moved to suspend the rules and allow Britin Bostick an additional I 0 minutes to present her presentation on the item considering its complexity. The City Council was agreeable to allotting Britin Bostick additional time. Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of the ordinance and of the public input that had been received on the request. She stated she had sent out approximately 2 ,000 letters and the City had received back IO comments in favor , one comment opposed to the request, three requests to be included in the Urban Corridor zoning district and three requests to be excluded from the Urban Corridor zoning district. She spoke of the population growth within the City of Fayetteville and how there was a need for additional housing. She noted the Fire Marshall was present for any questions relating to the fire apparatus access requirements . There was a brief discussion between Council Member Turk and Britin Bostick regarding the areas where the Residential Single Family , Four Units Per Acre zoning district would abut the proposed Urban Corridor zoning district and the separation between housing in those areas. There was a brief discussion between Council Member Stafford and Britin Bostick regarding the properties , like Rolling Hills and Fiesta Square, that had requested to be excluded from the Urban Corridor zoning district and if the City Council would need to amend the current map to exclude them. Britin Bostick stated what she had brought forward was the Planning Commissions recommendation and if the City Council wanted to amend the Urban Corridor zoning district map , she would prefer that be done on paper so staff could make those amendments and include them in the Agenda Packet for consideration. Council Member Berna stated Britin Bostick, and staff, had done a great job on the proposal. He questioned if the general public knew that they could request for their properties to be excluded from the Urban Corridor rezoning. Britin Bostick stated staff had sent letters to the property owners regarding the potential rezoning and had received calls from approximately 33 property owners with questions regarding the proposal. She stated that three property owners had stated they did not want to be included in the rezoning , and she had then requested they submitted that in writing so she could include that for consideration to the City Council. There was then a brief discussion between Council Member Berna and Britin Bostick regarding if the City was giving existing businesses , like storage units , a monopoly by saying no other competitioA could come in around them in the proposed Urban Corridor zoning district by not allowing future development of those same kinds of businesses. Britin Bostick compared that situation to the City putting a cap on the Type Two Short-Term Rentals and believed that monopoly scenario was not exclusive to this particular rezoning request. She believed it was what happened as a City e volved its policies . They then went into a brief discussion regarding why the City had excluded storage units. Britin Bostick explained how consistent feedback that had been gathered was that people did not want to see more storage units , they wanted a place to live . The City Council received I public comment regarding this ordinance. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville-ar .gov City Council Me ~ting Minutes October I , 2024 Page 7 of 15 Council Member Stafford stated he had been waiting for this zoning district for a long time and was ready to go through all three readings. He recommended that anyone who had fears of the height proposed in the Urban Corridor zoning district to drive by some of the seven story buildings in Fayetteville and see that they weren 't as scary as one might expect. He spoke of how the City needed to have height as it grew and that in doing so in the 71 B Corridor, it could take pressure off of other neighborhoods in the City that were experiencing the pressure of infill. He believed the request could help the City eliminate the current housing deficit and that this was the best path forward. He appreciated the work that had went into the proposal and believed the City needed more opportunities for local businesses and was in full support of the request . Council Member Turk stated she was very supportive of the request ; however, she believed the City needed to give it a lot of thought to make sure it was a good fit for all the citizens affected. She spoke of her negative experience when living in a home that had a large development go in next door that had been eight stories tall and believed the City needed to be careful and diligent when considering the request and considering those who wanted to be included and excluded from the zoning district. She would like to leave the item on it 's First Reading and have everyone take a closer look at the maps and the information available , and also drive by the area. She believed the City needed additional housing and walkability but believed it should be done thoughtfully . . Council Member Moore stated she was ready to move forward with the request and believed the City had done an incredible job in public outreach and notification . She had concerns that if the proposed zoning district were watered down any further , it could potentially hurt the impact it could have on the ability it could make for the City to grow. She also had concerns with waiting and delaying the Urban Corridor zoning district further by continuing to have the current zoning in place that she felt was oppressive and that went against the City 's strategic priorities. Council Member Wiederkehr applauded staff for their efforts on the proposal. He spoke of how he was not excited about excluding properties from the Urban Corridor zoning district because he did not believe they would lose anything and that they wouldn 't have to change their property . He was interested in the retail sales tax that could be brought in where the City already had existing infrastructure. He spoke of how the trees were gone from the area and it was now impervious surface , so he believed it would make sense to introduce this type of zoning district. Council Member Berna agreed with everyone 's comments and spoke of how this would be a monumental decision for the City and therefore he believed it warranted further conversation to ensure everyone was on the same page. He would be open to holding the item on it 's First Reading . He spoke of how he had started to receive questions from citizens in his ward and believed the City should err on the side of taking their time to get this right and ensure those question s from the community were answered. Council Member Hertzberg agreed with Council Member Berna and believed it would be helpful to leave the item on it's First Reading. She would also like to leave it on the First Reading due to Council Member Turk's proposed amendment being the next item on the agenda, which she would like to hear and consider before approving the current request. She then went on to speak of how she had concerns regarding the lack of scaffolding for the Urban Corridor zoning district and stated she was in favor of the higher density being proposed. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov City Council Meeting Minutes October I , 2024 Page 8 of 15 Council Mem her Bunch spoke of how she had been part of the City Council when the very first conversations had started happening regarding the 71 B Corridor. She was ready to vote and move forward , but she would be open to holding it on the First Reading. Council Member Stafford agreed with Council Member Wiederkehr's comments regarding not excluding anyone from the proposal due to the properties not having to change anything. Council Member Jones thanked Britin Bostick for her work on the proposal. He questioned if the City Council could go back and make changes to the proposal. Britin Bostick spoke of how staff and the Planning Commission intended to continue working on this request to refine it and look closely at the zoning standards and development standards to ensure that it got as close as it could to the outcomes citizens were asking for. She stated the bulk of that work was within other places in the City Code that the Planning Commission had a focus to work toward. There was a brief discussion amongst the City Council and Mayor Jordan regarding how long the City had been working on the proposal. Council Member Bunch and Mayor Jordan stated the City had been working on the item for at least seven years . Council Member Jones spoke of how he felt as though the process had been ongoing for a long while and would like to vote on the item tonight. City Attorney Kit Williams answered Council Member Jone 's original question of whether or not the City Council could change the rezoning anytime in the future by stating probably not due to it 's potential to lessen the value of the properties within the Urban Corridor zoning district. He referenced the Private Property Protection Act that had been passed by the State of Arkansas. He believed the request needed to have a lot of City Council input, attention and concern. Mayor Jordan briefly spoke of the history around the proposal and how a lot of public input sessions had taken place. He stated Britin Bostick had done a great job on the request. There was a brief discussion between Council Member Wiederkehr and Mayor Jordan regarding how the City of Fayetteville had gotten possession of College Avenue from the State of Arkansas . Mayor Jordan then went on to speak of how the City had received a grant of $25 million that was being used to build streetscape , alternative transportation and plant trees. He spoke of how the City would need to average 1,000 units per year to keep with population growth in the area. He understood the vote on the request was hard , but believed the request would need to be done eventuatly. He briefly spoke of his concern regarding sprawl and how he wanted the rezoning to be done right and saw the request as a chance to begin creating living units and flood the market. Council Member Jones appreciated Mayor Jordans perspective and passion. He looked forward to voting on the request. Council Member Turk felt that everyone agreed on how the zoning district was a good idea and felt that now was the time to look at the fine print and the detai Is of certain areas within the request. 113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov City Council Meeting Minutes October I , 2024 Page 9 of 15 Council Member Berna stated two weeks ago he had been ready to vote on the request but now that questions had started to come in from his constituents , he believed the item needed to be held to address those questions and concerns. He would be in support of the request. Council Member Bunch agreed that the item could wait two more weeks before being voted on and encouraged anyone that had questions to relay those to staff so they could be answered in two weeks' time. This ordinance was left on the First Reading. Ordinance to Amend § 161.36 Urban Corridor: An ordinance to amend § 161 .3 6 Urban Corridor by enacting new (H) protections for single-family zoned districts to provide the same protections for adjoining single family residential districts as currently requirea for Urban Thoroughfare and all multi-family districts. This item was added to the agenda and moved from Agenda Addition to be placed under New Business item D.2, Rezoning-2024-0038: (71B Corridor Rezoning Request). City Attorney Kit Williams read the ordinance. Council Member Turk stated constituents had reached out to her with concerns for an eight story building being next to their homes without step backs or setbacks that were required in other zoning districts , which is why she had brought the amendment forward. She spoke of how building heights could lead to shading issues and privacy issues . She would like if the City Council wou ld hold the request tonight so there could be more investigation and details laid out on how the Urban Corridor zoning district would intersect with a single family neighborhood. Council Member Moore requested that staff explain why what had been outlined m the amendment had not been included in the Urban Corridor zoning district. • Britin Bostick stated it had been discussed with the Planning Commission and ultimate ly had not been included in the proposed zoning district language due to the portion of City Code that outlines those requirements being vague and difficult to work with. She then went on to acknowledge how that language existed in the City's Code but was cumbersome to administer. She stated that given the kind of fire protection requirements, fire lane requirements and ladder access requirements within code, the Planning Commission and staff felt comfortable enough with those exist in g requirements to not propose including that language in the proposal. Council Member Moore spoke of how she had met with developers and heard oftentimes concern that some areas where the City wanted density had been hard to maneuver around. She had concerns that the amendment would hamper or create encumberment for developers trying to build due to the various types and shapes of land . There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the height limit within a residentially zoned area. Jonathan Curth stated it varied by district. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville -ar.gov City Council Meeting Minutes October I, 2024 Page 10 of 15 There was then a brief discussion between Council Member Stafford, City Attorney Kit Williams and Jonathan Curth regarding the potential increase of step backs for properties in the area that would be affected by the proposed amendment. Council Member Stafford then went on to speak of how he felt as though the amendment would be a giant overreach and would weaken what the City Coun~il was trying to do with the Urban Corridor zoning district. Council Member Wiederkehr believed the intent of trying to protect single family dwellings in the Urban Corridor zoning district was good and that the City should be mindful of that. He stated that when taking into account zoning and fire requirements, the intent of creating a degree of separation between a single family home and a large structure might already be accomplished in most cases. He felt as though it might behoove the City to look into different scenarios to see where a homeowner might not be protected and to revise what was being proposed to accommodate and protect those properties. Council Member Berna requested the item be left on it 's First Reading, as the City Council had left the last item , and work through scenarios to find the best outcome. The City Council received 2 public comments regarding this ordinance. ' Council Member Turk agreed with leaving the item on it's First Reading and felt that the item needed to be investigated further to help protect the existing neighborhoods. There was then a brief discussion between Council Member Turk and Jonathan Curth regarding what information and depictions staff would need to bring to the next City Council meeting for review. Council Member Wiederkehr then requested that if there had been an example of where the proposed amendment had been applied in the past that it be brought to the City Council for review. This ordinance was left on the First Reading. Rezoning-2024-0039: (193 W. Lafayette St/Skokos Family Limited Partnership, 484): An ordinance to rezone the property described in Rezoning Petition RZN 2024-39 for approximately 0.15 acres located at 193 West Lafayette Street in Ward 2 from NC , Neighborhood Conservation to NS-G , Neighborhood Services-General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that when looking at the request from a land use compatibility standpoint, staff found the request compatible and also found it to align with the City's future land use map and long range planning goals. He spoke of how the tree canopy requirement would stay at 20% and that staff recommended approval , with the Planning Commission having a split decision of 5-2. He stated there had been no public comment received on the request and noted that Payne Phillips was present as the applicant for the item. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville-ar .gov City Council Meeting Minutes October I , 2024 Page 11 of 15 Payne Phillips, Brokerage Associate with Moses Tucker Partners stated they would appreciate the City Council's support on the request. He was available for questions. There was a brief discussion between Council Member Turk and Jonathan Curth regarding the acreage on the property and the potential density . Jonathan Curth answered that the request was for 0.15 acres and that the potential buildable area of the property would be approximately a 10 th of an acre , with potentially two to three residential units being built. Council Member Moore stated she had had mixed feelings regarding the request and noted she had not heard anything from her constituents . She stated that one thing the City Council should have on their radar when reviewing the request was in thinking about Lafayette being a flux point for the Entertainment District and being a buffer to residential uses . She spoke of visibility issues when using the area for pedestrian uses , bike uses , and automobile uses . Council Member Stafford noted that the developable land on the property would be approximately .12 acres and that there would be no more than two units built. Council Member Wiederkehr stated he had not received feedback from the community on the request either. He could see how others would easily support the item , however, he noted there were many small available office vacancies preexisting in Ward 2. He would like to see the site remain a residential property and would be hesitant to be supportive of the request due to wishing an investment had been made in the property of some substance over the last five years. There was a brief discussion between Council Member Stafford and Jonathan Curth r~ga rding a potential business being placed across the street from the property. Council Member Stafford went on to speak of how a walkable neighborhood should have corner shops and businesses and would not be opposed to the request. 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 7-1. Council Member Bunch, Turk, Hertzberg, Stafford, Jones, Moore and Berna voted yes. Council Member Wiederkehr voted no. City Attorney Kit Williams 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 1-1. Council Member Bunch, Turk, Hertzberg, Stafford, Jones, Moore and Berna voted yes. Council Member Wiederkehr voted no. City Attorney Kit Williams read the ordinance. There was a brief discussion between Council Member Turk and Jonathan Curth regarding if a bar would be allowed under Use Unit 128. Jonathan Curth spoke of how he did not believe that use unit would extend to a bar and spoke of how a bar was listed under Use Unit 14 . 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www.fayetteville -ar .gov :. City Council Meeting Minutes October I , 2024 Page 12 of 15 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Bunch, Turk, Hertzberg, Stafford, Jones, Moore and Berna voted yes. Council Member Wiederkehr voted no. Ordinance 6797 as Recorded in the office of the City Clerk Rezoning-2024-0036: (820 W. Montgomery St./Webb, 678): An ordinance to rezone the property described in Rezoning Petition RZN 2024-36 for approximately 0.60 acres located at 820 West Montgomery Street in Ward I from RSF-4 , Residential Single-Family , Four Units Per Acre to DG , Downtown General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He spoke of how staffs findings had been mixed when reviewing the reque st from a land use compatibility standpoint and went on to explain how staff had not found the request to be an appropriate infill location. He stated the tree preservation on site would drop from 25% to I 0% and noted how the property was almost fully encumbered with floodplain. He spoke of the issues with accessing the site and noted that there was a control of access standard present that prevented so me propertie s from accessing South School Avenue directly . He noted the public comment that had been received on the request, some in favor and some opposed , which had been included in the Agenda Packet for the City Council's review. He stated the request had originally come forward as a request to rezone to CS, Community Services , however staff had recommended denial , and the Planning Commission had felt that there was the opportunity for a different proposal to be brought forward. He stated the request had then been tabled and the applicant had come back with an amendment to rezone the property to DG , Downtown General. He stated staffs recommendation of denial still held due to concerns regarding the floodplain. He stated the Planning Commission supported the revised request by a vote of 5-2. He noted that the applicant currently held a business licen se for operating a short-term rental on the property . He stated Rebecca Webb was present as the applicant for the item . Rebecca Webb, Property Owner stated s he was available for que stion s. Council Member Wiederkehr questioned if the property 's current use was as an Airbnb. Rebecca Webb stated she currently lived in the house on the property and had built two Airbnb 's on the property. She s poke of how her house faced South School A venue and how it was right in the middle of commercial and industrial uses and spoke of how she did not see it to be feasible that the property would stay a single family home due to its location. Council Member Stafford had concerns regarding the floodplain on the property and that the nei g hborhood was all very re s idential. He quest ioned what the two s mall outbuildings at the back of the property were. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville-ar.gov City Council Meeting Minutes October I , 2024 Page 13 of 15 Rebecca Webb stated there had been one out building on the property when she had bought it , and the two additional sheds she had built. She stated those two sheds were now air conditioned and sheet rocked, and she had used them as Airbnb's. She stated those Airbnb's had been operating until just recently when she had been told no by the City. Council Member Stafford questioned if she had operated the Airbnb 's without a license. Rebecca Web, "No, I had a license." Council Member Stafford questioned why they were not allowed to be Airbnb's now. Jonathan Curth stated that was an issue staff was currently working on with the ap 1 plicant. He noted the applicant had requested a Type One Short-Term Rental license and when staff had reviewed it based on the address, it had been addressed based on the house , and after the inspector had visited the property and was directed to the modified sheds, it had been discovered those sheds had been installed without building permits. Council Member Stafford questioned if the property owner could operate those buildings as Airbnb 's under the existing zoning. Jonathan Curth stated that was correct and then spoke of how there were multiple layers in terms of permitting questions , tloodway questions and utilizing the buildings as Airbnb 's that staff were working through. Counci~ Member Stafford questioned if there had been any comments from the neighbors. Rebecca Webb stated she had neighbors that had spoken in favor of the request. She spoke of where her property was situated in relation to her neighbors and how the request would not put additional traffic through the neighborhood. Council Member Stafford had concerns with the property not having direct access to South School Avenue and would like to view the area and leave the item on its current reading. Council Member Turk stated she had just gotten on the City Council when the Residential Multi- Family, Six Units Per Acre had come forward and a lot ofneighbors had weighed in on that request. She was unsure why they were not present to voice their concerns with this current request. She questioned if there were two Type Two Short-Term Rental permits for the buildings on the property. Jonathan Curth answered that the property owner only had one Type One Short-Term Rental permit for the property. Council Member Turk spoke of how the City was currently at its cap with Type Two Short-Term Rentals and questioned if the property owner was currently in the queue to get one. Jonathan Curth stated he did not believe she was and deferred to the applicant to answer. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www.fayetteville-ar.gov City Council Meeting Minutes October I , 2024 Page 14 of 15 Council Member Turk spoke of how the property was in a floodplain and that Downtown General was a high density zoning district. She recalled that the neighborhood was almost all single family houses and believed that the request would be a dramatic change . She could not see how she could be supportive. Council Member Moore questioned if there were any other zoning districts that had been considered for the property. Jonathan Curth stated Community Services zoning district had been the original request and that ultimately , Downtown General served what the applicant had wanted to do with the property best. Council Member Moore appreciated what the applicant had mentioned about the area missing certain services. She had concerns with the property being in a floodplain and access issues. She noted the n·eed for additional housing and transit services running through that area of town. She stated she was not leaning one way or the other with the request and would like to see it carefully thought about regarding what would make sense for that area. Mayor Jordan requested that Jonathan Curth display the map that showed the buildings on the property in the floodplain. Council Member Stafford spoke briefly of how he was having a hard time with the request and that he did not feel as though people in the area necessarily wanted services right next to them. He spoke of how the area was more of an old school Fayetteville rural neighborhood and that the request would bring in additional traffic and that it would be in a floodway. There was .a brief discussion between Mayor Jordan , Rebecca Webb and Jonathan Curth regarding how the structures on the property were I 2x 16 feet and did not have building permits. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 6-2. Council Member Bunch, Turk, Hertzberg, Stafford, Jones and Berna voted yes. Council Member Moore and Wiederkehr voted no. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass.Upon roll call the ordinance failed 1-7. Council Member Jones voted yes. Council Member Bunch, Turk, Hertzberg, Stafford, Moore, Wiederkehr and Berna voted no. This ordinance failed. 113 West Mountain Fayetteville , AR 72701 (479 ) 575 -8323 www .fayetteville -ar .gov Announcements: City Council Meeting Minutes October I, 2024 Page 15 of 15 Susan Norton, Chief of Staff announced the Fall Bulky Waste Cleanups. She stated the dates were listed on the City of Fayetteville website. City Council Agenda Session Presentations: Sales Tax Report -Chief Financial Officer Energy Report -Environmental Director City Council Tour: None Adjournment: 8:27 p.m. 113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www.fayetteville-ar.gov