Loading...
HomeMy WebLinkAbout2024-11-19 - 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 November 19, 2024 City Council Meeting Minutes November 19, 2024 Page 1 of 28 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 November 19, 2024 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Robert B. Stafford, Sarah Moore, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, Senior Assistant City Attorney Blake Pennington, Senior Deputy City Clerk Treasurer Jackson Shelton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Jones was absent for the roll call and arrived at the meeting at 5:33 pm. Council Member Wiederkehr was absent. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan acknowledged the passing of former City Council Member Nancy Allen. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 2 of 28 Approval of the October 15, 2024 City Council Meeting Minutes APPROVED Tommie Flowers Davis (Cost Share Agreement): A resolution to approve a cost share agreement with Tommie Flowers Davis in an amount not to exceed $11,712.50 for a waterline cost share near the corner of East Rock Street and South Willow Avenue, and to approve a project contingency in the amount of $2,342.50. Resolution 278-24 as recorded in the office of the City Clerk Climate Pollution Reduction Grant (Sub Award Grant Agreement): A resolution to authorize the City Of Fayetteville to accept and enter into a sub award grant agreement with the Arkansas Tri-Region Energy and Environment Innovation Coalition to utilize sub awarded funds for EPA Climate Pollution Reduction Grant Project implementation; and for other purposes. Resolution 279-24 as recorded in the office of the City Clerk City -Wide Using Corporate Accounts (Expenditure Authorizations): A resolution to authorize total expenditures in excess of $35,000.00 for maintenance, repair, and operations supplies and commodities across all departments city-wide using corporate accounts with purchasing cooperatives or state contracts for the fiscal year within the approved budget. Resolution 280-24 as recorded in the office of the City Clerk Recycle Coach (Service Agreement): A resolution to waive competitive bidding and authorize the Mayor to sign a software as a service agreement with Municipal Media Corporation d/b/a Recycle Coach at a cost of $52,985.00 for a period of three years. Resolution 281-24 as recorded in the office of the City Clerk Redbox+ Dumpsters (Service Agreement): A resolution to approve an agreement between the City Of Fayetteville and Onstott, LLC d/b/a Redbox+ Dumpsters of Northwest Arkansas to haul and dispose of solid waste within the city. Resolution 282-24 as recorded in the office of the City Clerk 2024 City Sales And Use Tax Bonds (Budget Appropriation): A resolution to approve a budget adjustment in the amount of $15,000,000.00 to appropriate proceeds from the 2024 City Sales and Use Tax Bonds. Resolution 283-24 as recorded in the office of the City Clerk Childcare Assistance Program (ARPA Funding Reallocation): A resolution to commit $20,665.00 in accrued interest on the American Rescue Plan Act Funds to the childcare assistance program, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 3 of 28 Resolution 284-24 as recorded in the office of the City Clerk Council Member Moore moved to accept the Consent Agenda as read. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Unfinished Business: 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/o 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. At the September 17, 2024 City Council meeting this resolution was tabled to the November 19, 2024 City Council meeting. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated that at the September 17, 2024 City Council meeting the applicant's representative had given assurances that the structure on the property would be demolished. He then went on to speak of how work had been underway on the property and displayed photographs of the progress that had been made. He stated staff recommended the item be tabled indefinitely as the property was almost back to a completely developable state. He noted Robert Rhoads was present as the representative of the property owner. Robert Rhoads, Attorney with Hall Estill Attorneys at Law thanked the City Council for their patience and stated he was glad they had been able to get the property cleaned up. Council Member Berna moved to table the resolution indefinitely. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. This resolution was tabled indefinitely. Ordinance to Amend § 161.36 Urban Corridor (Enacting Use Unit 38 Mini -Storage Units as a Conditional Use): An ordinance to amend § 161.36 Urban Corridor by enacting Use Unit 38 Mini -Storage Units as a conditional use for Urban Corridor in section (B) (2). At the October 15, 2024 City Council meeting this ordinance was left on the first reading. At the November 7, 2024 City Council meeting this ordinance was left on the second reading. 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 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 4 of 28 Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Berna stated that he had brought the request forward due to hearing concerns from a citizen on how they had planned to build a mini -storage unit on their property but were now unable to due to the rezoning. He felt the amendment was reasonable due to the push for additional housing. He acknowledged Council Member Stafford's comments at the last meeting regarding identifying guidelines for the Planning Commission to use when evaluating these requests and stated that staff had preferred the ordinance to stay as it was for now, and to let the Planning Commission work on identifying those guidelines as the requests came forward. Council Member Stafford appreciated staff and believed that with some extra rules and restrictions on what would be allowed, the proposed amendment would be fine. He believed the request would reduce traffic and provide storage space for citizens to use close to their homes. Council Member Turk stated she would like a follow up next year on what the Planning Commission had come up with for the request. She then questioned if the City Council would be approving that. Jonathan Curth, Development Services Director stated the conditions would be evaluated by the Planning Commission and then forwarded to the City Council, where it would be discussed as a Unified Development Code ordinance amendment. Council Member Turk questioned if that would happen within the next six months. Jonathan Curth stated that would be a reasonable timeframe. Council Member Bunch felt comfortable with the request going to the Planning Commission for review and additional work. She also liked the idea of having a vertical storage facility in the area. Council Member Moore had appreciated the additional conversation that had occurred around the item. She spoke of the origination of the Urban Corridor zoning district and how storage had not been a use that had been requested to be seen. She had concerns regarding the proposed amendment and could not be supportive due to the priorities the City had set around the land in the area and did not feel it was the right opportunity. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Member Stafford, Jones, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Moore voted no. Council Member Wiederkehr was absent. Ordinance 6810 as Recorded in the office of the City Clerk Rezoning-2024-0049: (1893 N. Rupple Rd./Conrad, 361): An ordinance to rezone the property described in Rezoning Petition RZN 2024-49 for approximately 1.04 acres located at 1893 North Rupple Road in Ward 4 from RSF-I, Residential Single -Family, One Unit Per Acre to RI-U, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 5 of 28 Residential Intermediate -Urban. At the November 12, 2024 Special City Council meeting this ordinance was left on the second reading. Council Member Bunch moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated he had no new updates or information on the request. He stated the item had been left on its second reading at the last meeting due to concerns that residents had not been afforded the opportunity to speak on the item. He noted Clint Penzo was the applicant for the request. Council Member Turk stated the applicant had mentioned trying to get access through the alleyway by the property and questioned if that was private property or right of way access. Jonathan Curth had identified no indication that the alleyway was a public or private driveway that could be used by the adjacent developer. The City Council received 2 public comments regarding this ordinance. Council Member Turk expressed concerns regarding the topography of the site, the nearby intersection and the proposed density. She would not be in support. There was a brief discussion between Council Member Berna and Jonathan Curth regarding access to the property. Jonathan Curth went on to explain how the alleyway by the property was not publicly accessible and of how it did not appear to be available for the proposed development to tie into for access. He stated the property had some degree of access rights to Starry Night and Rupple Road, and that there could be a couple portions of City code that would push the proposed development towards having some form of shared driveway to develop the site. He then explained how if the property could not observe the driveway separations, or shared driveways, the development could be in a position of having to prove that they had some manner of hardship to the City's Planning Commission to receive a variance. Council Member Moore questioned that if the City Council moved the project forward with those access concerns, what would happen if a shared driveway did not happen. Jonathan Curth explained how there could be two main outcomes; the lots would be developed to a wider extent to accommodate driveway separations, or the lots could be narrower and allow for shared driveways. Council Member Stafford questioned what the density of the nearby Planned Zoning Districts were. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 6 of 28 Jonathan Curth stated that varied, and that the area to the north had a density allowance of sixteen units per acre, and the are to the west had a lower density allowance of approximately just under five units per acre. He then went on to explain how the lot sizes varied as well, with the ones to the north being wider with approximately four units per acre and those to the south being narrower with approximately seven units per acre. Council Member Stafford asked why the property had not been zoned for eight units per acre. Jonathan Curth stated he had not heard the property owner specify why. Council Member Stafford stated he believed the fear he had heard from the neighbors was that the request would be allowing too much flexibility and too much density to the area. He understood their concerns and wished the developer would have asked for zoning that matched the area. He also heard the concerns regarding access and traffic. Council Member Turk noted there was a property down the street zoned Residential Single Family — Eight Units Per Acre, and she felt that zoning would be more appropriate and manageable than the one being requested. She referenced the large hill in the area and the difficulties with traffic and how those were concerns of hers. Council Member Moore briefly spoke of how when the City reduces the number of housing units that occurred within Fayetteville, those housing units would go out to other areas that Fayetteville helped to subsidize. She had concerns with reducing the units knowing that the City needed the housing and the taxpayer base to pay for infrastructure improvements. She believed it made sense to consider additional density in that area and would be leaning towards supporting the ordinance. Council Member Turk stated what she had heard from the neighbors was that they were not against additional density to the area, it was just putting in a level of density and predictability. She spoke of how the proposed zoning was very open and did not have much predictability and that Residential Single Family — Eight Units Per Acre felt more appropriate for the area. Council Member Berna stated that the more he reviewed the request, the more concerned he had become. He then spoke of access to the property and questioned how the existing structure on the site would accommodate the potential need to either narrow or widen the property lots. Jonathan Curth stated he was unsure of the developer's intent for the building on the site. He then went on to explain how if the developer planned to subdivide the lot, it would likely result in them needing to re imagine or realign how the current driveway accessed the property at 1893. There was then a brief discussion between Council Member Berna, Jonathan Curth and Blake Pennington regarding the existing building onsite and if it were removed. Senior Assistant City Attorney Blake Pennington then went on to explain how the Arkansas Supreme Court had stated that a property owner had the right to access any street that it touched, and then went on to speak of how as the property was subdivided the more risk there was that it could have more access points. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 7 of 28 Council Member Stafford had concerns regarding if processes would be in place to ensure the neighbors fears were not realized once the property became subdivided. He would feel better with the property if it were for only around eight or ten units per acre. He believed infill needed to be done thoughtfully. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 2-5. Council Member Jones and Moore voted yes. Council Member Stafford, Berna, Bunch, Turk and Hertzberg voted no. Council Member Wiederkehr was absent. This ordinance failed. New Business: Chapter 10.99 General Penalty (Amendment): An ordinance to amend § 10.99 General Penalty of the Code of Fayetteville to repeal (B)(3) and amend (C) working out of fines. Senior Assistant City Attorney Blake Pennington read the ordinance. Senior Assistant City Attorney Blake Pennington explained how the ordinance was a City code cleanup item. He then addressed a question Council Member Moore had asked at Agenda Session regarding other options offenders could work out, by stating that District Court worked with offenders to do community service instead of payment of fines, and that the proposed ordinance amendment would not preclude that. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. 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 Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Moore believed the City should take any opportunity available to encourage individuals to have other alternatives when faced with court fines and fees and appreciated that the language of the ordinance did not deter from that. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 8 of 28 Ordinance 6811 as Recorded in the office of the City Clerk 887 S. Lt. Colonel Leroy Pond Ave. (Public Nuisance Lawsuit Authorization): A resolution to authorize the City Attorney's Office to file a public nuisance lawsuit against the owners of property located at 887 South Lieutenant Colonel Leroy Pond Avenue in the City of Fayetteville. Assistant City Attorney Hannah Hungate stated that on behalf of the Fayetteville City Attorney's Office, she was present to request authority to file a public nuisance lawsuit against Richard and Gladys Tiffany, who were the owners of the property at 887 South Lieutenant Colonel Leroy Pond Avenue. She stated the property owners did not live onsite, they rented the property out as well as an RV and allowed others to live on the porch and in the shed. She stated the property had been the site for several code violations and extensive criminal activity in the last few years and went on to give a brief description of those violations. She stated that in 2022, the City had received complaints regarding the property being used for illegal camping, and that the City then prosecuted the property owners in the Fayetteville District Court, which they later pled guilty to in August of 2023 for the charge. She stated that things at the property had continued to decline in the past year, culminating into a fire on the shed at the property in September. She then explained how the Fayetteville Fire Department had been alarmed at the deplorable conditions they had found inside the building; doors missing and replaced with bedsheets, the staircase was rotted and spongy, there were soiled bed sheets and over occupancy, and the Fire Department determined that the property was extremely dangerous, not only to the tenants inside, but to the firefighters as well. She then went on to explain how between January 2022 and September 2024, the Fayetteville Police Department had responded to the property 276 times, for issues such as stabbings, thefts, drug charges, residents hitting each other with baseball bats, brass knuckles, stabbing each other with knives and screwdrivers and stolen property being located onsite. She stated that during the same time period, the Fayetteville Fire Department had responded to the property over 50 times. She addressed a question that had been asked during Agenda Session regarding how the property compared to others in regard to call report data, and stated this property had remained at the top of that report. She then went on to show pictures of the property, which were included in the agenda packet. She spoke of the drug issues that had taken place on the property, and how the Fourth Judicial District Drug Task Force had witnessed a drug deal happen outside the property and had intervened, and then went on to speak of how workers who had been renovating a nearby duplex had reported becoming sick from chemical smells coming off of the property. She noted how trash had continued to pile up onsite, neighbors had reported witnessing tenants on the property relieving themselves in the yard, human feces were washing into nearby properties as well as the National Cemetery nearby. She stated the property had become a threat to the health and safety of the community, and no other avenue had worked to address the issues. Council Member Berna questioned what liability the City would be held to if the City did nothing while knowing the property was in such disrepair. Assistant City Attorney Hannah Hungate explained how the City had sovereign immunity and did not believe the City had any legal liability. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 9 of 28 Senior Assistant City Attorney Blake Pennington stated Hannah was correct. He explained that even if it were considered negligence, the City would be immune from suit or damages. Council Member Moore questioned if the pictures Hannah had shown of the property reflected how it currently looked today. Assistant City Attorney Hannah Hungate stated that the pictures shown were from 2023 and 2024, with several of those photographs shown after the camping on the property had gone away. She stated the pictures reflected the property before and after August of 2023. Council Member Moore questioned if the outside of the property had been cleaned up. Assistant City Attorney Hannah Hungate believed the property still looked as it did in the photographs and had not received any reports of it being cleaned up. Council Member Moore stated it had been reported to her that the property had been cleaned up, which was why she had been asking if there were updated pictures. She questioned if there were still individuals camping on the property after the City had prosecuted for doing so. Assistant City Attorney Hannah Hungate stated the City had received reports that camping was still being permitted but had not obtained evidence to support further prosecution. She stated there had also been reports of people living on the porch, in the shed and in other entities on the property. Council Member Moore questioned if the City had a clear goal of what was being asked of the property owners and was unsure of what the public nuisance ended up doing ultimately. Assistant City Attorney Hannah Hungate clarified that the goal for the public nuisance lawsuit was in being a remedy that the City used to try to pursue prosecution in the hopes that it would ensure compliance and get the property up to code. She stated the goal was to have a safe, habitable property that would not disrupt the neighbors and was safe for the people residing there. She then went on to speak of how several neighbors had reported adverse effects of the property and believed the end goal was to simply abate that however the court found necessary. Council Member Moore requested clarification on what the term `all possible remedies' meant. She wanted to understand what the City Council would be authorizing the City Attorney's Office to move forward in doing. Assistant City Attorney Hannah Hungate spoke of how she tried to include that language into every complaint so that the City had every opportunity available. She then went on to explain how the court had some abilities the City did not, and that the property could potentially become somewhat within the jurisdiction of the court, so the court could then make appropriate steps to get the property safe. Council Member Berna requested for the Fire Chief to describe what the firemen had found when entering the structure on the property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 10 of 28 Fire Chief Brad Harden stated the firemen had found damaged stairs, various sleeping locations such as closets, and that their means of progress had been impeded. He then spoke of how the Fire Marshal had been inside the property and had pointed out several violations that needed addressed. Council Member Berna questioned if the property owner had addressed those. Fire Chief Brad Harden believed the property owner had addressed a couple of things. He then went on to state how the Fire Department was concerned with the safety of anyone in the house. Council Member Berna questioned if Chief Hardin would allow firemen to go into the home. Fire Chief Brad Harden stated the firemen had been ordered to not enter the structure, even if it were on fire, due to how unsafe it was. Council Member Bunch questioned how many times the Police Department had been called to the property over the last ten years, and how many hours of labor the City had invested into those calls. She also requested to know the top five complaints the Police Department received calls for at the property. Deputy Police Chief Tad Scott stated that from 2013 to November 11, 2024 the Fayetteville Police Department had responded to the address 519 times. From 2020 to November 11, 2024, they had responded 389 times. From January of 2022 to November 11, 2024, they had responded there 279 times. He stated the majority of the top five reasons for responding to the address were for armed persons, drug calls, disturbances, thefts and trespassing. He stated that from 2020 through November 11, 2024, the Police Department had spent 275 hours at the property, totaling approximately $13,750 in hours of labor. Mayor Jordan asked how many calls the Police Department had received in the last year for the property. Deputy Police Chief Tad Scott stated that from January 1, 2024 through November 11, 2024, the Police Department had been to the property 94 times. Council Member Jones questioned when the fire on the property had occurred. Jonathan Curth, Development Services Director stated the fire had occurred on September 15, 2024. Fire Chief Brad Hardin stated it had happened at approximately 10:36 hours. Council Member Jones questioned if the property had been livable since the fire occurred. Fire Chief Brad Harden stated that unless something had changed since the last visit, then no. Council Member Jones requested that Fire Chief Brad Hardin explain the concerns that the Fire Department had with the property. Fire Chief Brad Harden spoke of how people were sleeping in areas that were not designed for sleeping, the means of egress had been impeded, the area was very cluttered, the stairs were not 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 11 of 28 structurally sound, people were living in the basement area and there were a lot of damages that made the Fire Department worried to enter the structure. There was then a brief discussion regarding the drug activity on the property. Council Member Berna questioned what had led the Fire Department to report the condition of the property to the City Attorneys Office. Fire Chief Brad Harden referenced Oakland, California and how they had to pay out $34 million dollars when individuals had perished in a similar situation, and their Fire Department had been aware of that property's condition and had received countless reports and had done nothing about the situation. He stated that had concerned him greatly and he felt a responsibility to notify the City regarding how the property in question was unsafe, and that if a fire started, people would perish. He stated the property was dangerous and it was irresponsible for the City to do nothing. Council Member Stafford questioned if there was a secondary means of egress from the upstairs of the property. Fire Chief Brad Harden stated he had not toured the property personally and was unsure. He encouraged the City Council to view the property and tour it's structure if the property owners allowed them to do so. Council Member Stafford stated he had seen the front of the property. He noted the flammable structures shown in a photograph next to the front door of the building and questioned if that was still there. Fire Chief Brad Harden stated he was unsure and that the Fire Marshal had viewed the property. Council Member Stafford noted the electrical box open on the outside of the building with cords coming out of it that didn't look up to code. Council Member Turk referenced how the Fire Chief had stated he would not allow firefighters into the structure if there were a fire and questioned if there were any other structures within the City that had a similar decree. Fire Chief Brad Harden stated that was decreed almost nowhere, only whenever the Fire Department encountered situations such as this. He then spoke of how the situation was unique due to people living inside of the structure. Council Member Moore questioned if the City Council could get a list of the building safety issues at the property and if a cost had been associated with those updates. Fire Chief Brad Harden stated the City did not advise as far as cost, the City just pointed out the violations and it would then be the homeowner's responsibility to address said violations. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 12 of 28 Council Member Moore questioned if there was a document available to review the building safety concerns at the property. Fire Chief Brad Harden stated he had that in an email and could send it to Council Member Moore after the meeting. The City Council received 8 public comments regarding this resolution. During public comment, the City Council allowed Gladys Tiffany additional time to speak. Council Member Stafford spoke of how the number of police and fire calls to the property had been outrageous and that letting individuals live in squalor did not help anyone. He then spoke of how the property owners had not been voluntary with the City, and had battled every step of the process, such as when the camping ordinance had went into effect and in not keeping the property clean. He listed off the concerns that had been expressed at the property, such as fire hazards and safety violations and spoke of how people needed a safe space to live. He then briefly spoke of the Oakland, California situation that Chief Hardin had brought up and how it had impacted him personally. He stated the City could not let something like that happen and he would not allow it. Council Member Bunch briefly spoke of how she believed the property owners were doing what they thought was helpful. She then spoke of how the number of police and fire calls had been outrageous and noted that the pictures shown of improvements to the property were all on the outside and that the smoke detectors had looked dated. She spoke of how the City had received calls of violence, fires, thefts, drugs and other things at the property and she did not believe those would stop and that someone would eventually become seriously injured. She did not feel as though the City could support the issue any longer and did not believe that allowing individuals to live in a rotten shell of a building when they needed actual wraparound services was helpful. Council Member Berna spoke of his job as a funeral director and how he was at the National Cemetery often and would regularly see disturbances at the property. He then went on to speak of how just because someone had a heart for the underserved, it didn't give them the right to provide conditions that human beings shouldn't be in. He applauded the fact that the outside of the property had been cleaned up, but he believed that had only been in reaction to the item being brought forth to the City Council. He believed the City Council needed to address the situation, and that the majority of the citizens of Fayetteville would agree. Council Member Jones echoed the City Council. He had been invited to the property last year and had been alarmed at what he had seen and felt that the City had a moral responsibility to address the situation. He spoke of the comments he had received from residents nearby, one being from a University of Arkansas student that had their apartment entered into by a resident of the property in question. He believed this request was about doing the right thing and being healthy and that the issue had gone on way too long already. He would be in support of the resolution. Council Member Hertzberg spoke of how she had brought forth the camping ordinance and how she had thought it would protect the health and safety of the residents. She had been frustrated that those things were not being met. She stated the City had given the property owners plenty of opportunities and she felt this was the way things needed to go in order for the issue to be resolved. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 13 of 28 Council Member Moore spoke of how the property was not an ideal solution for housing, but she appreciated that the property owners had tried to be a last resort place for individuals. She went on to speak of how her guiding principles whenever reviewing whether or not the City Council was regulating something or looking at a potential lawsuit was to review if there were other available avenues before taking punitive processes. She did not feel as thought she had gotten an answer from the City Attorneys Office regarding what the outcome would be for the City to call the property a public nuisance that was sufficient for her to fully understand. She referenced the Ohio State Law Journal regarding public nuisance law. She felt that the issue was reflective of what the City put in place as regulations and of the resources of the community not meeting the needs of the residents and under resourcing individuals with immense needs. She was concerned that when the City declared the property a public nuisance, she was unsure that would ultimately solve the issue at hand. She had concerns regarding this being the appropriate avenue, and had not heard about the violations on the property until Chief Hardin had shared them earlier. She then spoke of COVID and how there were less resources in the healthcare capacity and response teams around individuals that experience mental health and addiction issues and felt that those were individuals in the community that the City Council needed to solve for. Council Member Turk believed the property owners were good people with good intentions, however after the camping ordinance had went through and there was opportunity to make improvements, she had not seen any be made to the property. She noted how the property had been cleaned up recently but that it had taken the movement forward by the City Attorneys Office with the item for the property owners to start the clean up process outside. She spoke of how the situation was sad, but did not believe the City Council could allow it to continue. Senior Assistant City Attorney Blake Pennington stated that in Arkansas, there were three statutes that defined a nuisance. He then proceeded to reference local government code § 14.54.15.02, Arkansas Code Annotated § 16-105-402 and § 5-74-109. He then went on to speak of how it was the first time the City Attorneys Office had taken this step, and they did not do so lightly, and that the sections of code he referenced were what the City would be held to when filing a case in court. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Mayor Jordan briefly spoke of the issues the City faced with homelessness and how the City had spent $4.9 million toward addressing it. He then spoke of trail clean ups, trash washing into waterways, jars of needles being picked up, dog attacks, stabbings and a case of homicide. He stated the City had spent $750,000 for Mills in the last five years to try to keep people sheltered and how it was going to take a regional effort to address this issue. He then went on to explain how the City had spent $6.5 million in the last five years to address homelessness. He cared about the unsheltered individuals and stated that as Mayor, he was going to keep the City safe and keep it clean. He stated that the number of calls for the Police Department to respond to at the property had been too much. He believed the property owners were doing what they thought was right, but the City needed to do what it thought was right as well, and he believed this request was right. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 19, 2024 Page 14 of 28 Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 6-1. Council Member Stafford, Jones, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Moore voted no. Council Member Wiederkehr was absent. Resolution 285-24 as recorded in the office of the City Clerk 2025 Annual Budget & Work Program (Adoption): A resolution to adopt the 2025 Annual Budget and Work Program. Paul Becker, Chief Financial Officer gave a brief description of the proposed 2025 Budget. He stated that all in all, the total budget was up $12 million, which was 5% more than last year, and that $254 million was the total budget. He went on to briefly explain the other portions of the budget. He stated the City was estimating the budget in revenue to be $74 million and the expenditure to be $77 million. There was a brief discussion amongst Council Member Moore and Paul Becker regarding what factors the 5% projection had been based on. Paul Becker explained how the 5% had been driven by what the City considered cost escalations. Council Member Moore then noted the construction that had been occurring recently and questioned what factors the City believed were going to change and put them at the numbers that Paul had mentioned. Paul Becker gave a brief description of the increases that would be occurring and then spoke of how the City's income was very volatile and that the City tried to be conservative on the revenue side. He then went on to speak of how he was very comfortable with the City's projections at this point in time. Council Member Turk moved to approve the resolution. Council Member Moore requested the item be held so she could review it further and bring a potential amendment forward. Council Member Turk questioned if holding the item for two weeks would cause any issues. Paul Becker stated it would not cause a major problem; however, the City's directors would need to be notified of any questions so they could come prepared and ready to answer at the next City Council meeting. He then spoke of how the City Council could always make amendments after the adoption of the budget as well. Council Member Turk stated she would be okay with holding the item for two weeks if Council Member Moore could get her questions to Paul so he would be prepared to answer them. Council Member Moore stated that would not be an issue. Council Member Moore moved to table the resolution to the December 4, 2024 City Council Meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. This resolution was tabled to the 1210412024 City Council meeting. Seven Hills Homeless Center (ARPA Reallocation): A resolution to commit ARPA funds in the amount of $71,411.00 to the Seven Hills Homeless Center, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 19, 2024 Page 15 of 28 Steven Dotson, Deputy CFO stated there had been $71,411 in American Rescue Plant Act funding returned to the City, and that those funds needed to be committed formally by December 31". He stated that the request would allocate those funds to the Mills Homeless Center. Becci Sisson, CEO of Mills Homeless Center briefly spoke of 7hills Homeless Center and how they had used the previous funds they had been allocated from the American Rescue Plan Act funding they had received from the City, which had went toward shelter expansion, renovation, security measures and staffing. She then went on to speak of how they were appreciative of their partnership with the City and other organizations in the area. She then went on to speak of how one of the key pieces of funding was toward bus tickets to assist individuals in getting to their families or others who were able to help them and utilizing that as a tool for diversion from homelessness. There was a brief discussion amongst Council Member Moore and Becci Sisson regarding if 7hills Homeless Center was part of the Northwest Arkansas Continuum of Care (COC). Becci Sisson stated Mills was not required to be a member of the COC due to not receiving funding from them. She went on to explain how Mills provided information into the Homeless Management Information System. Council Member Moore stated it had been reported to her there were close to 400 chronically unhoused individuals that might be trespassed from 7hills. She asked for clarity on that information. Becci Sisson stated that was a Salvation Army number, and it was only for 392 people. She stated that people who might be trespassed from 7hills could still come and get services rendered to them. Council Member Moore questioned if there were any populations that Mills did not serve. Becci Sisson stated the shelter did not serve children. Council Member Berna questioned if 7hills had seen a decline in response needed from the Police Department once they had received the American Rescue Plan Act funds previously. Becci Sisson briefly explained how having staff onsite and changing their processes at Mills had eliminated a lot of the calls to the Police Department. She stated that if you reviewed the numbers of police calls, 7hills was down approximately 50 year over year. Council Member Berna questioned if the Police Department had those numbers available. Deputy Police Chief Tad Scott stated that from January 1, 2023 through November 11, 2023 the Police Department had received 317 calls for services to 7hills on South School, and from January 1, 2024 to November 11, 2024, the Police Department had received 256 calls for service. Becci Sisson stated they anticipated that number to continue to decline. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 16 of 28 Council Member Moore questioned how much of the American Rescue Plant Act funds had went toward dormitory renovations. Becci Sisson stated almost $30,000, which included the purchase of beds and security measures. Council Member Moore asked if new buildings had been added or if the old ones had been repurposed. Becci Sisson stated they no longer did permanent supportive housing, which had been a grant funded program, but Mills did continue to do supportive housing. She went on to explain how what was done in supportive housing and case management was something that Mills paid for. Council Member Moore questioned what the projected use was for the money 7hills had of American Rescue Plan Act funding. She had thought more of the funds would have went toward renovations to the property and was surprised at the $30,000 amount. Becci Sisson spoke of how the contractors 7hills had used for renovations had come from a list that had been approved by the City. She then went on to explain how the largest portion of those funds had been used towards showers and making handicap accessible bathrooms. She then explained how 7hills was always looking for additional funding and were committed to making sure that the need in the community was met. She stated the remaining dollars, and any dollars received, would go towards bus tickets, staffing and security. The City Council received 1 public comment regarding this resolution. Council Member Stafford moved to approve the resolution. Council Member Turk seconded the motion. Council Member Moore stated she would like to present an amendment to the item. Council Member Moore brought forth an amendment to the request to have the funds go toward rental assistance and briefly spoke of how the funds could provide assistance to approximately 25 households. She spoke of the individuals who were on the bubble of losing housing and becoming unsheltered. Mayor Jordan, "So, you want to move the $71,000 somewhere else?" Council Member Moore clarified that she wanted to allocate the funds as Steven Dotson had proposed it previously when ARPA funding had been discussed. Steven Dotson Deputy CFO stated that with the $71,000 in ARPA funding, 47 individuals could be assisted for one month, 23 for two months or 15 for three months at $1,500 per month in rental assistance. Council Member Stafford disagreed with Council Member Moore's amendment and would not be in favor of it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 17 of 28 Council Member Moore moved to amend the resolution to allocate the $71,000 in funding toward rental assistance. This motion died due to lack of a second. There was then a brief discussion amongst the City Council regarding how there was currently a motion and a second on the floor to approve the resolution. Council Member Bunch spoke of how there were things she had liked about Council Member Moore's proposal, but there were also some things she really liked about the current one with 7hills. She had tried to weigh out where she believed the funds would do the most good, and when she saw that New Beginnings, COC, Salvation Army and other groups had agreed to giving the funding to Mills, she had to take that into consideration. Council Member Turk agreed that Council Member Moore had great items in her proposed amendment, but she wanted 7hills to be able to complete everything they had said they would and believed that taking the funds away would hobble them from doing so. Council Member Berna echoed his fellow council members and spoke of how the City had wanted a collaborative effort, which was occurring now with progress being made, and he believed the City needed to support Mills. Council Member Stafford moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Resolution 286-24 as recorded in the office of the City Clerk Vacation-2024-0021: (2975 W Old Farmington Rd./Corter, 558): An ordinance to approve VAC-24-21 for property located at 2975 West Old Farmington Road in Ward 1 to vacate 0.10 acres 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 had not identified any issues with the request and were recommending in favor. He stated that all of the franchise utilities had submitted their consent, and none of them had requested any conditions of approval. He stated the only condition of approval staff was recommending was that any damage or relocation of existing facilities be at the applicant's expense. He noted a representative from Satterfield Land Surveyors, P.A. was present as the applicant for the item. Ricky Hill, Co -Owner of Satterfield Land Surveyors, P.A. stated the applicant was wanting to be able to utilize the property and were asking to vacate the easement. He noted the area had no utilities and no known uses. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 18 of 28 Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. 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 Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Ordinance 6812 as Recorded in the office of the City Clerk Vacation-2024-0024: (2716 N. Floral Ct./Carter, 286): An ordinance to approve VAC-24-24 for property located at 2716 North Floral Court in Ward 2 to vacate 0.01 acres of 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 that in reviewing the easement and the consent forms from franchise utilities, no issues or conditions for approve had been identified. He stated staff recommended in favor of the request, with one standard condition that any damage or relocation of any existing facilities will be at the property owner's expense. He noted Seth Carter was present as the applicant. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. 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 Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Senior Assistant City Attorney Blake Pennington read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 19 of 28 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Ordinance 6813 as Recorded in the office of the City Clerk Rezoning-2024-0047: (653 N. Genevieve Ave./Fineline Development LLC, 436): An ordinance to rezone the property described in Rezoning Petition RZN 2024-47 for approximately 1.60 acres located at 653 North Genevieve Avenue in Ward 4 from R-A, Residential Agricultural to RMF-6, Residential Multi -Family, Six Units Per Acre, subject to a Bill of Assurance. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff had mixed findings when evaluating the request from a land use compatibility standpoint and then went on to speak of how the property was currently a non -conforming lot and the request would bring it into conformance. He noted the request would reduce the tree preservation requirements on the property from 25% down to 20%. He then went on to speak of the nearby streets and how the one to the south was built to the larger city standards, but the one from the north along the frontage of the property was a country road with portions remaining largely gravel. He stated staff had received public comment on the item in opposition, with concerns expressed toward the unimproved street and issues for the neighborhood in general. He stated the applicant had offered a Bill of Assurance to the Planning Commission that included that Genevieve would be brought up to minimum fire code requirements prior to any certificate of occupancy being issued for the prospective new development of the property. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council by a vote of 7-1. He noted Will Kellstrom was present as the applicant for the item. Will Kellstrom, Attorney with Watkins, Boyer, Gray & Curry PLLC spoke of how the Planning Commission had voiced concerns regarding the condition of Genevive and how they had brought forth a Bill of Assurance to address those concerns. He briefly spoke of the request and stated he would be available for any questions. Jonathan Curth clarified that the Bill of Assurance had been written into the ordinance already. There was a brief discussion between Council Member Turk and Jonathan Curth regarding the nearby detention pond and if the property could utilize it. Jonathan Curth stated that detention pond was part of the subdivision to the south of the property but could not say whether or not it could be utilized for the property in question. Council Member Turk questioned if the two inch sewer line had enough capacity for the new development, or if it would need to be upgraded. Jonathan Curth stated no issues had been identified. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 20 of 28 There was a brief discussion between Council Member Stafford and Jonathan Curth regarding how the request would allow approximately up to eight units on the property. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. 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 Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Senior Assistant City Attorney Blake Pennington read the ordinance. Council Member Stafford questioned if the neighborhood to the east of the property had been developed under Residential Single Family — Four Units Per Acre. Jonathan Curth stated that was correct, and the neighborhood to the south had been developed under Residential Single Family — Eight Units Per Acre. He then displayed an aerial image of the property for Council Member Stafford to review. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Ordinance 6814 as Recorded in the office of the City Clerk Rezoning-2024-0050: (610 S. Happy Hollow Rd./Honeycutt, 526): An ordinance to rezone the property described in Rezoning Petition RZN 2024-50 for approximately 1.41 acres located at 610 South Happy Hollow Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre to RSF-18, Residential Single -Family, Eighteen Units Per Acre. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that when considering the compatibility of the request with the surrounding area, staff found it to be compatible and consistent from a land use plan standpoint. He noted the property had an infill rating between six and seven and that the tree preservation requirements on the property would reduce from 25% to 20%. He then went on to speak of how approximately one acre of the property was located within the 100 year flood plain. He stated staff had not indicated any sewer capacity concerns, the only concern staff had was in relation to how the property would connect to the sewer on Happy Hollow Road. He explained how the site was relatively flat, with the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 21 of 28 topography ranging from approximately two and a half to three percent, sloping southward following the flood plain. He stated the City Council had received public comment from a nearby resident who was opposed to the request. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council by unanimous vote. He noted Caroline Fox was present as the applicant's representative for the item. He then noted that the applicant was not present at the meeting. Council Member Stafford stated he had received many comments from the neighbors regarding the request. The City Council received 5 public comments regarding this ordinance. Council Member Stafford briefly spoke of how he had been in favor for many projects and development within his neighborhood, but he believed the current request was not compatible with the area. He believed Ward One was where the City shoved all of its growth with little concern, and that usually he was in support of it, but it had to fit, and he did not believe the request fit. He then briefly spoke of his history with voting and speaking in favor of rezoning requests in the area. He briefly spoke of the floodplain located on the property and then requested that the City Council vote no on the proposal tonight due to the concerns that had been raised. He stated there was already more development occurring in that area that would contribute to runoff and drainage issues and that adding this density to the area would make a bad situation worse. He then noted the Happy Hollow intersection on how dangerous it already was with traffic in the area. Council Member Moore stated there had been talk around bringing loads of dirt onto the property to possibly build it up. She questioned that with the City's current development standards, what that would look like regarding water being discharged from the property. Jonathan Curth briefly spoke of the Drainage Criteria Manual and of the City's Unified Development Code. He stated that if the developer was going to add fill into floodplain, they would have to compensate the water that was being displaced on their property, which was called compensatory storage. He stated water could not be pushed off onto a neighbor and then went'on to speak of how a flood study would need to be submitted prior to the development being approved. Council Member Moore understood Council Member Stafford's concerns and spoke of the issues regarding stormwater runoff and drainage within the City and within Ward 2. She believed the City had a lot of work to address on infrastructure moving forward. Council Member Stafford requested the floodplain map be displayed again and spoke of the nearby areas that flooding occurred. He stated the neighborhood was happy to take on development, however the density of what was being requested was not a good fit. Council Member Turk stated she had serious concerns regarding the flood plain on the property and did not believe the City's drainage code would be adequate for this situation. She also had concerns with the amount of red dirt that the development would potentially bring in and did not believe the request to be compatible with the area. She would not be supportive. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 22 of 28 Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. 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 Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Jones, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Wiederkehr was absent. Senior Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 1-6. Council Member Moore voted yes. Council Member Stafford, Jones, Berna, Bunch, Turk and Hertzberg voted no. Council Member Wiederkehr was absent for the vote. This ordinance failed. Rezoning-2024-0051: (W. Martin Luther King Jr. Blvd and S. Smokehouse Trl./D&B of Northwest Arkansas LLC, 595): An ordinance to rezone the property described in Rezoning Petition RZN 2024-51 for approximately 4.49 acres located southeast of the intersection of West Martin Luther King Jr. Boulevard and South Smokehouse Trail in Ward 1 from RPZD, Residential Planned Zoning District to CS, Community Services. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He then went on to speak of how staff found the request to be compatible and also complimentary from an adopted land use plan standpoint. He stated the tree preservation on the property would be 20% with the request and then went on to explain how the property did not have immediate access to sewer, and if the site were to be developed, there would be a reasonable expectation that the property would tie into either the sewer at Rupple and MLK or the sanitary sewer connection to the northeast. He noted staff recommended in favor of the request and the Planning Commission forwarded it to the City Council unanimously in favor as well. He stated Jason Young was present as the representative for the item. Gavin Smith stated he was present to represent the project and answer any questions. Council Member Turk believed that she had recently learned that if a property was more than 300 feet away from a sewer line, they could use septic instead. She questioned how far away the development was from the connection. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 23 of 28 Jonathan Curth spoke of how the property was part of a larger whole that was within 200 feet of a sewer. He questioned if it was safe to assume that the development would be required to connect to the sewer connection and referred to Senior Assistant City Attorney Blake Pennington. Senior Assistant City Attorney Blake Pennington believed that if it were not a separate legal lot, then the property would be considered part of the larger property and held to the same standard. Council Member Stafford questioned if the residents on Hoot Owl Lane or Smokehouse Trail had been notified of the request. Gavin Smith answered no and stated they had notified the City of Fayetteville and then the trust that owned the corner and some people across the road. He stated they had had extensive neighborhood meetings with residents when they had developed the Planned Zoning District (PZD) in the first place but had not received any comments regarding the rezoning request. Council Member Stafford asked if residents had been supportive of the original PZD. Gavin Smith answered no and stated there had been concerns for Smokehouse regarding the bike park and things of that nature. He noted Frank Sharp had also expressed opinions. Jonathan Curth clarified that there had been eight addresses that had received letters as part of notification for the request. Council Member Stafford, "Were any of those on Hoot Owl Lane?" Jonathan Curth answered no. Gavin Smith spoke of how he had met with Corey Granderson, Utilities Engineer, regarding the sewer connection. He then went on to speak of how they had an agreement with the Jiffy Trip project next door regarding sewer connection and that if that plan fell apart, they would possibly do septic. Council Member Turk requested clarification regarding septic being allowed on the site. Senior Assistant City Attorney Blake Pennington stated he was unsure if there was a lot split pending, but he believed if the request was part of a larger tract of land within less than 300 feet of a sewer line, the City could require the connection to be made to the sewer line. Gavin Smith stated they did not want to do septic and were working towards getting the sewer connection. He then spoke of how the zoning and septic rules went through the State Health Unit and not through the City, and that septic approval would be the same pathway. Senior Assistant City Attorney Blake Pennington stated the City would need to take a closer look at the request. Council Member Turk requested for the item to be left on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 24 of 28 This ordinance was left on the First Reading. Rezoning-2024-0052: (2406 N. Old Wire Rd./Gulley Park Pets Clinic, 292): An ordinance to rezone the property described in Rezoning Petition RZN 2024-52 for approximately 0.50 acres located at 2406 North Old Wire Road in Ward 3 from CPZD, Commercial Planned Zoning District to NS-G, Neighborhood Services -General. Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that from a land use standpoint, the request was consistent with the city's land use map designation and then spoke of the tree preservation requirements on the property. He noted there was an identified downstream sewer capacity issue with the property, but that in discussing that issue with Engineering, the concern was less due to there not currently being a proposal to redevelop the property to a significant degree. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council unanimously in favor. He noted Chris Struts was present as the applicant's representative for the request. Chris Struts stated he was present to represent Dr. Wallace and would be available for questions. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed 6-0. Council Member Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones and Wiederkehr were absent. 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 Moore seconded the motion. Upon roll call the motion passed 6-0. Council Member Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones and Wiederkehr were absent. 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 Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones and Wiederkehr were absent. Ordinance 6815 as Recorded in the office of the City Clerk Annex-2024-0001: (N. Rupple Rd. & W. Salem Rd./Foxtail Meadows, 205): An ordinance to annex that property described in Annexation Petition ANX 24-001 submitted by Flintlock Ltd Co. for property located on North Rupple Road and West Salem Road northwest of Ward 4 containing approximately 7.90 acres. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 25 of 28 Senior Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director provided a brief description of the property. He stated the current item and next item were bound together. He then provided a more detailed explanation of what the City Plan 2040 guiding principles were for annexations. Maps were shown that provided even more detail and information regarding the proposed annexation. He stated the city service response times to this property if annexed would be approximately eight minutes. He then explained the potential water and sewer utilities that could be used to service this sight if annexed. Alison Quinlan, Applicant Representative provided slides with information pertaining to a proposed development that potentially would be built if the land was annexed. This information included sewer applications, water applications, design layout, nature conservation, tier centers and other facets of the proposed sites master plan. She stated that the property was on the northwest corner of the "Mayor's Box" and stated she was available for any questions the council may have. Council Member Stafford asked what the conservation areas were. Alison Quinlan stated the conservation district was 16 acres of land within the proposed plan and said there were thoughts of working with the City's Parks Department or applying for a conservation easement. Council Member Stafford asked if the proposed district would be doubling the tree conservation of its current use. Alison Quinlan stated that it would and on a more sensitive part of the land. Council Member Turk stated she thought the project was a good use of the land. She asked Jonathan Curth to pull up a map with the topography of the stream. She stated she only saw one significant tree and that the stream was full of sediment. She supported the annex and project. Council Member Moore explained that she thought the annexation was good for the City of Fayetteville even with the consideration of the property being on the edge of the "Mayors Box". Council Member Berna explained that this proposal gave the City a quality project with conservation and that he would be supportive. Mayor Jordan explained that he wished for the City Council to keep in mind the response times for emergency service when developing areas out that far. Council Member Stafford liked the project and asked if the closest fire station would respond to an emergency. Jonathan Curth stated he wished the Fire Chief was available and stated that in some areas there were automatic fire responses. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2024 Page 26 of 28 Council Member Stafford asked if there would be any streamside restoration and stated the project looked good. Council Member Bunch had some concerns about the Fire Department and stated the closest Fire Department was not very big. She stated the project looked like a quality project and asked what the fifty-five plus condition were part of the planned zoning district. Jonathan Curth stated he did not see that but a stipulation like that would not be enforced by the City of Fayetteville. Council Member Bunch stated that it could be anything once it was a Planned Zoning District. Jonathan Curth stated he believed the Planned Zoning Districts intent was to make a mixed age portion on one side of Rupple Road and fifty-five and older community on the other side of Rupple Road. 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 6-0. Council Member Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones 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 Stafford seconded the motion. Upon roll call the motion passed 6-0. Council Member Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones 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 Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones and Wiederkehr were absent for the vote. Ordinance 6816 as Recorded in the office of the City Clerk Appeal: Planned Zoning District-2024-0005: (N. Rupple Rd. & W. Salem Rd./Foxtail Meadows, 205): An ordinance to approve a Residential Planned Zoning District entitled PZD- 2024-005 for approximately 44.0 acres located on North Rupple Road and West Salem Road in Ward 4. Senior Assistant City Attorney Blake Pennington read the Ordinance. Jonathan Curth, Development Services Director provided a brief description of the ordinance and conveyed the compatibility criteria as well as the potential issues of the proposed rezoning. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2024 Page 27 of 28 He explained he would keep his description short as this property was the consideration of the previous item. He explained the Planning Commission had a difficult decision and ultimately decided to deny the proposal which was why it was now before the City Council for appeal. Will Kellstrom, Applicant Representative explained how the proposed plan was better than what was currently zoned for the property. He then explained the criteria of why a Planned Zoning District and why this proposal would be the best fit for the location. He explained the percentage of greenspace being retaining on the location and provided a breakdown of the number of living units. He then explained what the multi age and fifty-five plus communities would look like with the proposed development. Alison Quinlan, Applicant Representative provided slides with information pertaining to the proposed development named "Foxtail Meadows". She explained what the fifty-five plus community would look like and stated it would cut down on the vehicles being used in correlation with the development. She explained further benefits of having a fifty-five plus community within this location and how it provided benefits for the development and senior citizens. She explained the design responses that were made when considering the neighbors' concerns and addressed the concerns regarding stream improvements onsite. Jonathan Curth asked if the design response slide would be considered as an amendment to the Planned Zoning District. Alison Quinlan, Applicant Representative stated that under the guidance of the City Attorney the change would have been able to be made without an amendment and the change did not make alteration to the overall content and was not considered a change in the overall design. Council Member Moore 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 Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones 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 Bunch seconded the motion. Upon roll call the motion passed 6-0. Council Member Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones 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 Stafford, Moore, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones and Wiederkehr were absent for the vote. Ordinance 6817 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 November 19, 2024 Page 28 of 28 Announcements: None City Council Agenda Session Presentations: None City Council Tour: Tour Date: November 18th, 2024 Time: 4:00 pm Address: 3395 N. Rupple Rd. Parking: Along the driveway of 3395 N. Rupple Rd. Request: Annexation of 7.90 ac. and Planned Zoning District that encompasses this along with an additional 36 acres. Adjournment: 11:00 p.m. �i Kara Paxton, City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov