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HomeMy WebLinkAbout2024-09-03 - Minutes -Council Member Robert B. Stafford Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting September 3, 2024 City Council Meeting Minutes September 3, 2024 Page 1 of 13 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on September 3, 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, City Attorney Kit Williams, 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: None City Council fleeting 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 that on a year to date basis, sales tax had been down approximately 5%. He then went on to list the percentages in the other departments. He stated that in total, the City was down roughly 2.5% compared to budget. He stated the Street Fund was down approximately 1 %, Parking was down roughly 5%, Water and Sewer was down approximately 1% and the Airport revenue was close to even with budget at this point in time. He was available for any questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2024 Page 2 of 13 Agenda Additions: None Consent: Approval of the August 20, 2024 City Council Meeting Minutes APPROVED District Court Technology Purchase (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $30,000.00 to recognize and appropriate revenue from the Court Automation Fund for upgrades to court servers, software, computers, and related technology equipment. Resolution 214-24 as recorded in the office of the City Clerk Public Notification - Ordinances (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $7,500.00 to fund the Public Notification Account to publish ordinances passed by the City Council. Resolution 215-24 as recorded in the office of the City Clerk Right of Entry and Temporary Construction (Easement Agreement): A resolution to approve a right of entry and temporary construction easement agreement with CRP/WRDP Hazen Owner, LLC to allow the developer to access and make certain improvements to parkland along Hamestring Creek east of Rupple Road. Resolution 216-24 as recorded in the office of the City Clerk Prime Sanitation (Service Agreement): A resolution to approve an agreement between the City of Fayetteville and Prime Sanitation to haul and dispose of solid waste within the City. Resolution 217-24 as recorded in the office of the City Clerk Olsson Engineering (Service Contract): A resolution to approve a professional engineering services contract with Olsson Engineering in the amount of $90,720.00 for the design of grading and remediation work associated with decommissioning and environmental cleanup of the old police department shooting range, and to approve a project contingency in the amount of $9,072.00. Resolution 218-24 as recorded in the office of the City Clerk River City Hydraulics (Purchase Agreement): A resolution to authorize the purchase of a TYMCO Model 600 Street Sweeper from River City Hydraulics in the amount of $365,665.00, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2024 Page 3 of 13 Resolution 219-24 as recorded in the office of the City Clerk Rush Truck Centers (Purchase Agreement): A resolution to approve the purchase of a 2024 International CV515 Utility Truck from Rush Truck Centers in the amount of $109,955.67, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 220-24 as recorded in the office of the City Clerk Kohler Power Systems (Service Contract): A resolution to authorize a generator maintenance contract with Kohler Power Systems through November 22, 2026 and any future renewal periods, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 221-24 as recorded in the office of the City Clerk 120 Water Audits, Inc. (Amendment No. 1): A resolution to approve Amendment No. 1 to the professional services agreement with 120 Water Audits, Inc. in an amount not to exceed $47,020.00 per year for additional services related to water service line inventory compliance. Resolution 222-24 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. (Amendment No. 4): A resolution to approve Amendment No. 4 to the engineering services agreement with McClelland Consulting Engineers, Inc. in an amount not to exceed $3,281,300.00 for the West Corridor Water Transmission Main Project, and to approve a budget adjustment. Resolution 223-24 as recorded in the office of the City Clerk Jack Tyler Engineering, Inc. (Purchase Agreement): A resolution to award Bid #24-35 and authorize the purchase of two submersible jet aerators from Jack Tyler Engineering, Inc. in the total amount of $298,526.00, plus any applicable taxes and freight charges. Resolution 224-24 as recorded in the office of the City Clerk Precision Rescue (Purchase Agreement): A resolution to waive competitive bidding and authorize the purchase of AMKUS firefighting rescue equipment from Precision Rescue in the amount of $42,598.50 for use by the Fayetteville Fire Department. Resolution 225-24 as recorded in the office of the City Clerk 4th Judicial District Drug Task Force (Grant Award): A resolution to authorize acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $272,301.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. This item was pulled for further discussion. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 3, 2024 Page 4 of 13 Entrepreneurship and Innovation (Service Contracts): A resolution to award RFP 24-06 and authorize a two-year economic development services contract with Startup Junkie Consulting to provide entrepreneurship and innovation consulting services in the amount of $250,000.00 annually. Resolution 226-24 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 4th Judicial District Drug Task Force (Grant Award): A resolution to authorize acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $272,301.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. This item was pulled from the Consent Agenda for further discussion by Council Member Moore. Council Member Moore stated that her concern with accepting the grant was due to the focus on criminalizing drug use, rather than looking at it holistically and thinking about the quality of life for all residents within the City of Fayetteville. She would not be supportive of the resolution and hoped that the City could continue to look at other grants that would reduce harm for all Fayetteville residents and create public health and safety for everyone. Council Member Jones requested Police Chief Mike Reynolds give a report to the City Council regarding the number of drugs the Fayetteville Police Department had removed from the streets. Police Chief Mike Reynolds stated that from July 1, 2023 to June 30, 2024 the Fourth Judicial District Drug Task Force had seized 40 pounds of methamphetamine, 10 pounds of cocaine, 37 grams of heroin, 11,484 fentanyl pills and 72 guns from the area. He briefly spoke of the issues the City was having regarding fentanyl and went on to speak of how the City was always looking at different options available in regard to prevention and treatment options for drug use. Council Member Jones spoke of how he appreciated the work the Fourth Judicial District Drug Task Force and the Fayetteville Police Department had done. He believed it was the responsibility of the City Council to look at other policy and intervention options and appreciated the policing work that the Fayetteville Police Department was currently doing. Police Chief Mike Reynolds clarified that more funding went towards treatment and prevention for drug use rather than towards enforcement. He was open to whatever resources the City could find available to assist the Fayetteville Police Department in the fight against drugs. Council Member Berna spoke of how the City of Fayetteville had one of the most progressive thinking Police Departments in the region. He was in support of the item due to the work the Fourth Judicial District Drug Task Force had been doing in taking drugs off the street. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes September 3, 2024 Page 5 of 13 Council Member Stafford agreed with both Council Member Berna and Council Member Jones. He motioned that the resolution be approved. Mayor Jordan briefly spoke of how he met with the Police and Fire Department every Monday morning to get a report on this topic. He believed the City needed any support they could give to the Police Department to keep the drugs and guns off the City streets. Council Member Stafford moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Stafford and Jones voted yes. Council Member Moore voted no. Resolution 227-24 as recorded in the office of the City Clerk Unfinished Business: 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 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, subject to a Bill of Assurance. At the 0812012024 City Council Meeting this item was amended to add a Bill of Assurance and left on the Second Reading. Council Member Bunch moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated there was a new Bill of Assurance for the City Council's consideration that would bring the tree preservation requirements on the site to 35%. He stated staff recommended in favor of the request, but the Planning Commission had a split vote of four to four. He stated Will Kellstrom was present as the applicant. Will Kellstrom, Attorney with Watkins, Boyer, Gray & Curry PLLC gave a brief description of the new Bill of Assurance being offered to the City Council and of the applicant's request. Council Member Turk questioned what the maximum number of units that could be allowed by right would be under the Neighborhood Services — General zoning district. Jonathan Curth stated that calculating the amount of total acreage, multiplied by the density allowance on the property, would theoretically allow 119 units to be built. He then referenced the 35% tree canopy, parking and stormwater retention and how that would dramatically reduce the buildable area on the property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2024 Page 6 of 13 There was a brief discussion between Council Member Turk and Jonathan Curth regarding the infill score rating of four for the property. Council Member Turk expressed surprise that the Shiloh Trail, which was across the interstate from the site, allowed the property an infill score point. She believed that the infill score on the property should be looked at in the future to maybe be a three due to the distance from the mentioned trail. She was not supportive of the proposal due to the low infill score, lack of potential connectivity and the property's view shed. Council Member Wiederkehr questioned if there could be more than one commercial building allowed to be built on the site. Jonathan Curth stated that was correct, there could potentially be multiple buildings developed, but they could not exceed 8,000 square feet in size for nonresidential use. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the possibility of 119 units being developed on the site. Jonathan Curth then went on to briefly explain how the realized density on a site was usually lower than the potential density due to development standards, preservation, parking and stormwater requirements. The City Council received 2 public comments regarding this ordinance. There was a brief discussion between Council Member Hertzberg and Jonathan Curth regarding how the properties existing minimum tree preservation requirement was currently 25%, and the proposed Neighborhood Services - General zoning district had a minimum of 20%. He noted that the Bill of Assurance the City Council had previously accepted had a minimum tree preservation requirement of 25%. He then went on to explain how if the City Council accepted the new Bill of Assurance being offered, it would increase the minimum tree preservation requirement to 3 5 % on the property. Council Member Hertzberg moved to amend the ordinance to accept the new Bill of Assurance. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Council Member Stafford felt that the opposition to the request was misguided and that if the property were to be developed as Residential Single Family — Four Units Per Acre, it would destroy the current hillside. He would be in support of the request. Council Member Turk spoke of how the applicant had acted as though they currently couldn't develop the property and noted that the applicant could develop their property under its existing zoning if they wanted to. She spoke of how the area around the property was a mess and that she had received complaints regarding drainage issues. Council Member Berna acknowledged the view offered on the site and how the area was beautiful but noted that the new Bill of Assurance for 35% tree preservation had solidified his decision of support on the proposal. He believed a person had a right to develop their property and that the City Council had the opportunity to protect the hillside by saving an additional percentage of trees. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 3, 2024 Page 7 of 13 Council Member Stafford agreed with Council Member Berna regarding how a property owner had the right to develop their land. He noted the drainage concerns and how that was on the opposite side of the hillside. He believed the City needed the additional housing and would be in support of the request. Council Member Wiederkehr agreed with Council Member Turk regarding how the applicant could develop their property currently under the Residential Single Family — Four Units Per Acre zoning district. He had concerns with the proposal due to future property owners and how they might choose to develop under the requested zoning. Council Member Bunch agreed with all of the comments from the City Council. She spoke of how the City Council was not responsible for a developer making money and then went on to speak of how she realized that four houses per acre on the site was not possible. She spoke of how the area had changed a lot and she was not sure where she stood with the proposal. Council Member Moore spoke of how there was a potential for a school campus to be built in the area and that there were not a lot of affordable, accessible housing options to access that school and that she was taking that into consideration when reviewing the request. Her concerns were in regard to the Use Unit 12 (B), which could allow businesses to be developed, and she went on to speak of the traffic in the area and how it is sometimes difficult to navigate and that the potential for in and out traffic might cause an increase in traffic concerns. She requested clarification from staff regarding the mentioned use unit and the City's access management standards. Jonathan Curth spoke of how staff reviews traffic concerns as a part of a factor when rezoning a property and that it was also a factor the City Council could consider when reviewing a rezoning request. He then went on to clarify that the traffic did not represent a concern to staff. Council Member Moore stated she was leaning towards approval of the request and was hopeful this could be a housing solution for the area. Council Member Turk referenced the Neighborhood Services — General zoning district portion of the City Code that spoke to walkability and then noted that the site was not in a walkable area and that it was unlikely for there to be pedestrian connectivity. She did not feel as though the request fit the location and then spoke of how the property also had a low infill score and believed its current zoning fit the property better. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Member Berna, Bunch, Hertzberg, Stafford, Jones and Moore voted yes. Council Member Wiederkehr and Turk voted no. Ordinance 6 78 7 as Recorded in the office of the City Clerk New Business: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 3, 2024 Page 8 of 13 Community Art Wall (Resolution): A resolution to formally establish the Community Art Wall Project located at the decommissioned pump house at Poplar Street and the Razorback Greenway. Joanna Bell, Arts & Culture Director gave a brief description of the resolution. She stated that over the last year, there had been at least 17 full pieces of art on the Community Art Wall, which tended to be there for two to three weeks at a time. She had received mostly positive feedback regarding the project, with only a few complaints from the community regarding content on the wall. She stated the Fayetteville Arts Council recommended in favor of the request and that adherence to the rules or guidelines of the project be in the hands of the community, and that the City refrain from intervening whenever possible. She noted the City Attorney had weighed in on the topic with a Memo that provided clarity around what the guidelines for the project might look like. She stated the City would maintain the right to remove the wall or stop the project at any time but could not weigh in on the contents of the wall. City Attorney Kit Williams thanked Joanna Bell and the Fayetteville Arts Council for their work. He stated that after looking at the constitutionality and legality of the resolution, he believed the City Council would need to amend the former resolution to the one he recommended, which would adopt rules that could be enforceable and recommendations that could be posted on the site. Council Member Stafford thanked Joanna Bell, City Attorney Kit Williams, the Fayetteville Arts Council and the artists in the community for their work on the request and their participation on the Community Art Wall. Council Member Stafford moved to amend the resolution to match the language presented by City Attorney Kit Williams. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Stafford believed that by keeping the Community Art Wall as a pilot program it would address some of the concerns that had been brought up. Council Member Moore thanked Joanna Bell for her work on the item. She questioned if there were any trash cans on site so individuals could dispose of their waste. Joanna Bell stated there were trash cans nearby on the Razorback Greenway. She noted that in the time she had been out by the Community Art Wall, the site had been kept clean. Council Member Moore questioned if there had been more talk of programming in the area if the project was still to remain as a pilot. Joanna Bell stated that if the project was going to continue, staff could look at programming in a way that was telegraphed well in advance for when artwork would be painted over. Council Member Moore questioned if other areas in the City had been identified for expanding the pilot program. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2024 Page 9 of 13 Joanna Bell stated she was keeping a list of areas in the City that were getting graffiti activity and whether it could be a place for public art to be installed in the future or a potential candidate for expanding of the program. She stated the current Community Art Wall was in a particular space that offered connectivity and visibility by either car or trail, which had made it a great spot. Council Member Turk thanked Joanna Bell for her work. She questioned if there were pros and cons with making the program pilot versus permanent. Joanna Bell stated the reason they had brought the proposal forward was to ensure that everyone understood what was enforceable in the program and what was not enforceable. She clarified that staff, and the City, would not weigh in on the art. She believed the more important thing in the conversation was that everyone was on the same page for how the program would work. Council Member Turk noted how Joanna Bell had mentioned creating advanced notice when painting over the wall and questioned if other cities had a frequency of when they did so. Joanna Bell spoke of community art walls in other areas and how she believed that refreshing the wall every now and then with a white primer would be best practice due to the wall getting darker and darker over time as it filled with artwork. Council Member Berna stated he had hopes of potentially tabling the request so the City Council could look at the revised resolution further. He had concerns regarding the request because he had received complaints from unhappy citizens due to a specific message that had been deemed political on the Community Art Wall. He would like to table the item so he could discuss it with the City Attorney but understood if the City Council wanted to vote tonight. Council Member Jones appreciated the work that had been put into the program. He questioned if there was any discussion regarding a partnership with the Fayetteville School District. Joanna Bell stated that the City had done a partnership with Ramay Junior High School in February, where they had installed a piece from the middle school students. Council Member Jones questioned if Fayetteville was the only city in the State of Arkansas to do a community art wall. Joanna Bell stated this was the only legal wall in the State of Arkansas that she was aware of. The City Council received 2 public comments regarding this resolution. Council Member Moore stated she was in support of Council Member Berna wanting to table the item. She then went on to speak of how she believed Fayetteville had set the bar high on precedents moving forward in different areas. She struggled with the talk around things being political and making that aspect a rule in the resolution. She appreciated the programming and thoughtfulness that had went into the item, but had cautions that the City was inserting themselves into different parts of the community that had lived in different manners. She wanted everyone to be mindful when going into these spaces. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 3, 2024 Page 10 of 13 Council Member Bunch questioned if the item was being tabled. She was ready to vote on the resolution but would be fine with tabling it. Council Member Stafford would respect the decision to table the item. He then went into discussion of how the Fayetteville Arts Council had discussed the concerns spoken and had chosen the best practices they had found through reaching out to different communities and the City Attorney's Office. He was ready to approve the resolution. Council Member Berna clarified that he was not in opposition of the Community Art Wall, he just wanted to ensure the City was kept safe and that the art was welcoming to everyone. City Attorney Kit Williams went on to clarify how the City could not regulate the Community Art Wall due to free expression of ideas and pictures. He felt that it would be wise to not let the wall be filled with pro and con candidate support and spoke of how some of the ideas and words he had used in his resolution language had come from the Fayetteville Arts Council. He recommended the new language and believed it would protect the City as a government from being responsible for whatever artwork was put on the Community Art Wall. Council Member Berna withdrew his request to table the item. Council Member Stafford thanked Olivia Trimble for their work on the program and made a motion to move forward and vote on the resolution. Council Member Moore stated she had made a motion to amend Section Two in the resolution. She would like to strike partisan political messages due to several causes, such as Black Lives Matter and LGBTQ, going into that expression. Council Member Stafford stated the Fayetteville Arts Council had had discussion around that and clarified that the Community Art Wall was not a messaging wall, it was specifically meant to be an art wall. He would be against amending the language. Council Member Moore moved to amend the resolution to strike partisan political messages from Section Two. This motion died for lack of a second. Council Member Stafford moved to approve the resolution. Council Member Bunch seconded the motion. Council Member Bunch questioned if the resolution could be tweaked later on. Mayor Jordan answered yes. Council Member Berna asked if the resolution kept the Community Art Wall as a pilot program. City Attorney Kit Williams stated that was correct. Council Member Stafford moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Stafford and Jones voted yes. Council Member Moore voted no. Resolution 228-24 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 3, 2024 Page 11 of 13 Vacation-2024-0014: (1215 N. Kings Dr/Williams, 408): An ordinance to approve VAC-24-14 for property located at 1215 North Kings Drive in Ward 3 to vacate a 0.07 acre portion of street right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the applicant would like to see the request vacated to allow for the addition of a front porch. He stated that the franchise utilities had all consented to the vacation, with two conditions of approval outlined in the ordinance. He stated staff recommended in favor of the request and the Planning Commission approved it unanimously. He noted there had been no public comment received on the item and Tommy Wise -Ehlers was present online as the applicant. Tommy Wise -Ehlers, Applicant stated they wanted to bring the property up to current standards and add a porch. He was available for questions. 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. City Attorney Kit Williams 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. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Jones and Moore voted yes. Council Member Stafford was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Jones and Moore voted yes. Council Member Stafford was absent for the vote. Ordinance 6788 as Recorded in the office of the City Clerk Vacation-2024-0015: (210 W. Ravenswood Ln/Starr, 640): An ordinance to approve VAC-24- 15 for property located at 210 West Ravenswood Lane in Ward 1 to vacate a 0.26 acre portion of street right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff had not received any concerns from the City's services and that all the franchise utilities had consented to the request. He stated staff recommended in favor and the Planning Commission forwarded it to the City Council unanimously. He noted there had been no public comment on the request and Zach Hixson was present online as the applicant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2024 Page 12 of 13 Zach Hixson, PE with SiteWise Civil Engineering stated he was representing the property owner and that he was available for any 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 Bunch 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 6789 as Recorded in the office of the City Clerk Rezoning-2024-0037: (402 W. Ila St/Head, 445): An ordinance to rezone the property described in Rezoning Petition RZN 2024-37 for approximately 0.32 acres located at 402 West Ila Street in Ward 2 from RSF-4, Residential Single -Family, Four Units Per Acre to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that from a land use consistency standpoint, staff found the request to be consistent with the residential neighborhood area designation. He noted the properties tree preservation minimums would reduce to 20% and then went on to describe how both the current and requested zoning districts had some similarities. He stated staff had received public comment on the item, with one in the form of an inquiry and then one in the form of support. He stated staff recommended approval and the Planning Commission forwarded the request to the City Council unanimously by a vote of seven to zero. He noted Robert Rhoads was present as the applicant's representative. Robert Rhoads, Attorney with Hall Estill Attorneys at Law briefly spoke of the current property owners and their request. He was available to answer any questions. There was a brief discussion between Council Member Turk and Jonathan Curth regarding if there were any other ways to split the lot other than rezoning it. Jonathan Curth stated he did not believe so due to the unusual L shape of the property. Council Member Wiederkehr was surprised there had been no opposition or concerns from the neighbors. He commended the current property owners for being beloved in their neighborhood. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 3, 2024 Page 13 of 13 Council Member Moore appreciated that the property owners did their diligence in talking with their neighbors. She spoke of how she enjoyed their property and that it was very well kept. She had no concerns with the request and looked forward to supporting it. 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 Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk stated the property owners were great people and had great confidence they would do what they could to preserve the trees on their property. She had concerns for the potential of the zoning creating a domino effect in the neighborhood, but she would be in support. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6790 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff stated the Community Resources Department would be hosting a First Thursday event at the Arvest Bank on the downtown square. Citv Council Agenda Session Presentations: Sales Tax Report - Chief Financial Officer Energy Report - Environmental Director Beaver Water District - Upcoming Capital Projects and Rate Adjustments - Lane Crider. City Council Tour: None 0111111110111 _U• UAI 'A FAYrTTC`JII_I_ ra Paxton, Ci Clerk Treasu• •. y� 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov