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HomeMy WebLinkAbout2024-12-17 - Minutes - City Council Meeting Minutes December 17, 2024 Page 1 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting December 17, 2024 A meeting of the Fayetteville City Council was held on December 17, 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, Dr. D’Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Holly Hertzberg was absent. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Fayetteville High School Dance Team Recognition - Mayor Lioneld Jordan Mayor Jordan presented the Fayetteville High School Dance Team with a plaque. He went on to speak of how great of a job they had done winning the state championship. City Council Meeting Presentations, Reports, and Discussion Items: Mayor Jordan Service Award – Vice Mayor Sarah Bunch 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 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Council Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D’Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 City Council Meeting Minutes December 17, 2024 Page 2 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch presented the Mayor with a service award and made several personal remarks regarding the Mayors positive influence on her and the City. Mayor Jordan accepted the service award and made several remarks about his service to the City of Fayetteville and recognized others he had worked with. Nominating Committee Report – Committee Chair Council Member Wiederkehr presented the Nominating Committee Report except for the Fayetteville Housing Authority Nominee, Melissa Terry. Council Member Wiederkehr motioned to accept the Nominating Committee Report as read. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Council Member Wiederkehr explained the Nominating Committee would like to reject the nomination of Melissa Terry. Council Member Moore thanked Melissa Terry for her service and the previous work she had done on the Fayetteville Housing Authority. Council Member Dr. Jones thanked Melissa Terry for her service. Council Member Wiederkehr motioned to approve the rejection of Fayetteville Housing Authority Nominee, Melissa Terry. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Agenda Additions: An Ordinance To Repeal Ordinance 6800: Ordinance 6800 was passed on October 15, 2024, but was determined to not take effect until 90 days from passage and approval. This restriction on how much landlords could charge prospective tenants for rental application reviews and for possible background checks may violate a.c.a. § 14-43-608 regulation of prices. City Attorney Kit Williams explained that he could not remember a time where he had to repeal an ordinance he helped draft that was contrary to state law. He then explained the state statute he located that would make Ordinance 6800 illegal once it took effect. He asked the City Council to place this item on the agenda so it could be considered. Council Member Moore asked if motions to add items to the agenda were debatable or if it was only a vote. City Council Meeting Minutes December 17, 2024 Page 3 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams explained the motion to add an item to the agenda was not debatable, but if the item was approved to add to the agenda, it will then become debatable. Council Member Bunch motioned to add the proposed agenda addition to the agenda. Council Member Berna seconded the motion. Upon roll call the motion passed 5-2-1. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Mayor Jordan voted yes. Council Members Moore and Dr. Jones voted no. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams referenced a memorandum he sent to Council Members that included the state statute he had been referencing and explained what “services” meant in the context of this item. He stated that it could be possible that courts viewed background checks and the subsequent fees as a service to the potential renter. He requested the Council approve his request to repeal the ordinance. Council Member Turk stated she had been supportive of this ordinance and proposed asking the Attorney General what his opinion was on this item. City Attorney Kit Williams stated he thought it could be a possibility to gather the Attorney General’s opinion. He explained that he had not seen any cases that interpreted the statute and still recommended the ordinance be repealed even if an Attorney General opinion was sought. Council Member Dr. Jones stated that his constituents brought up questions about the word service as it related to the ordinance and asked the City Attorney to explain it more in depth. City Attorney Kit Williams explained landlords typically charge two fees, a rental application review fee and whatever costs are associated with background checks. He stated that per the statute these two acts could be interpreted by the courts as a service provided to potential tenets. Council Member Dr. Jones thanked City Attorney, Kit Williams for the explanation. Council Member Moore briefly explained that she had many concerns with this item possibly being repealed. Her first concern was regarding the notification process and explained that this ordinance was not entered into lightly and took months of discussions. She stated that with the item being a walk on and with citizens on holiday that this information may have not reached many citizens. She explained that she talked with seven different attorneys and there was a split decision. She read a part of a letter she received from an attorney that describes specific services and argued that the background check was a service for the landlord and not the tenant. She stated it would not be a good idea to repeal the ordinance at the current meeting and asked for the item to have more consideration. She briefly explained how this was not an issue specific to Fayetteville and it was a statewide issue. She asked if it was possible to delay the effective date of the ordinance to review the language of the ordinance and allow the time for a possible Attorney General opinion. Council Member Stafford stated if there was a bad law it should not go into effective. He struggled deciding on whether the services stated were for the landlords or tenants. He stated he City Council Meeting Minutes December 17, 2024 Page 4 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov ultimately believed they were a service for the landlords but understood why landlords needed these processes. He explained this ordinance was important but, did not want an ordinance to be enacted that was not legally viable. Council Member Dr. Jones respected City Attorney Kit Williams opinion and asked Council Member Moore what her intentions were regarding tabling this item. Dr. Jones stated that many people spoke on this ordinance and felt that this ordinance had a possibility of working. He was concerned about the individuals of Fayetteville and explained that the citizens need an ordinance like this and a balanced needed to be struck. Council Member Turk stated she wished to delay the implementation until an Attorney General’s opinion had been made or another resolution had been found up to a specific date. City Attorney Kit Williams stated that the Council could amend the current ordinance in front of them to establish a new date for the ordinance to become enacted. Council Member Stafford asked for clarification regarding the Attorney General’s opinion and the new date being set for enacting the ordinance. Council Member Turk explained she thought it was best to pick a set date because there was no guarantee of if or when the Attorney General would give an answer on this item. Council Member Moore requested the Council vote down the current ordinance before them and come back to Council with a different amendment. She stated she was uncomfortable with the current language and wanted more public engagement. Council Member Wiederkehr stated he thought it would be best to have this item agendized for the first meeting in January of the new year. Mayor Jordan asked if there was a motion on the floor. City Attorney Kit Williams responded yes and read the amended ordinance that changed the language to include a specific date. Council Member Stafford stated he was leaning towards Council Member Turks solution as it would give the Council Members more time to make an informed decision and possibly receive the Housing Task Force’s input on the subject. Council Member Dr. Jones felt that having the Housing Task Force look at the item would be a good idea. Council Member Bunch asked City Attorney, Kit Williams if the Council found out information earlier than the proposed date and wanted to place the item on the agenda, if they could do that. City Attorney Kit Williams responded affirmatively. City Council Meeting Minutes December 17, 2024 Page 5 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Moore asked if the Council planned on suspending the rules and leaving this item on the second reading to have it placed on the January 7 meeting. City Attorney Kit Williams stated that if the ordinance was amended the Council had the right to pass it or not pass it tonight by suspending the rules at which point it would be left on that reading and appear on the next agenda. He stated that something needed to happen at the current meeting or before the next meeting. Council Member Dr. Jones stated he was confused and wanted to know the difference between the January meeting date and the March meeting date Council Member Moore responded by saying that leaving it on a reading would give the public more time to engage with the item and it will be brough back before them at the first meeting in January. Council Member Dr. Jones asked if the same thing would be true for the date in March. Council Member Moore explained the effective date would still be March, but the item would come back before them at the next meeting. Council Member Berna stated he was in support of Council Member Turk’s recommendation and reminded Council that the original ordinance was changed at 12:15 A.M. and it went through Council on three readings and finished at 12:45 A.M. He did not feel this recommendation had a negative impact and it allowed time to find proper legal language. Mayor Jordan called for public comments. Council Member Stafford asked why the Council was taking public comments on an amendment that already had a motion and second on the floor. City Attorney Kit Williams stated Council Member Moore could motion for public comment on the amendment and that there would need to be a vote. Council Member Stafford stated he thought there should only be one round of public comment on the amended ordinance. Council Member Moore motioned to accept public comment on the amendment. This motion died due to lack of a second. Council Member Turk motioned to amend to delay effective date until March 31, 2025. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. The City Council 7 received public comments regarding this ordinance. City Council Meeting Minutes December 17, 2024 Page 6 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna motioned to suspend the rules and move to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Council Member Berna motioned to suspend the rules and move to the third reading and final. Council Member Stafford seconded the motion. Upon roll call the motion passed 6-1. Council Member, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Moore voted no. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Ordinance 6824 as Recorded in the office of the City Clerk Consent: Approval of the November 19, 2024 City Council Meeting Minutes APPROVED Seven Hills Homeless Center (Arpa Reallocation #2): A resolution to commit ARPA funds in the amount of $23,719.80.00 to the Seven Hills Homeless center, and to approve a budget adjustment. Resolution 302-24 as recorded in the office of the City Clerk Area Agency On Aging Of Northwest Arkansas (Amendment #2): A resolution to approve amendment no. 2 to the contract with the Area Agency on Aging of Northwest Arkansas in the amount of $160,759.00 to provide public recreation services for senior residents of Fayetteville, contingent on approval of the 2025 annual city budget. Resolution 303-24 as recorded in the office of the City Clerk Purchased Water Account (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $1,326,000.00 for the purchased water account due to increased water usage. Resolution 304-24 as recorded in the office of the City Clerk City Council Meeting Minutes December 17, 2024 Page 7 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov I3 Verticals, LLC. (Service Agreement): A resolution to waive competitive bidding and approve an agreement with i3 Verticals, LLC. to provide citation payment processing for the Fayetteville district court. Resolution 305-24 as recorded in the office of the City Clerk Porter Warehouse Stabilization (Change Order #1): A resolution to approve change order #1 to the contract with JBZ Inc. D/B/A Ellingson Contracting in the amount of $178,526.13 for the Porter Warehouse Stabilization Project. Resolution 306-24 as recorded in the office of the City Clerk Central United Methodist Church (Shared Parking Lease Agreement): A resolution to authorize Mayor Jordan to sign a limited license agreement with Central United Methodist Church for operation of the church parking deck as a revenue-producing parking facility. Resolution 307-24 as recorded in the office of the City Clerk Animal Services - Donation Revenue (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $41,174.00 representing donation revenue to the Animal Services Division. Resolution 308-24 as recorded in the office of the City Clerk Eco-Vista, LLC. (Service Contract): A resolution to approve an agreement with Eco-Vista, LLC. for the hauling and disposal of solid waste in the City of Fayetteville for a period of 3 years with automatic renewals for four additional 3-year terms. Resolution 309-24 as recorded in the office of the City Clerk Natural State Streams (Service Contract): A resolution to approve a contract with Natural State Streams, LLC. in the amount of $169,645.95 for the restoration of Niokaska Creek downstream of North Azalea Terrace, to approve a project contingency in the amount of $20,000.00, and to approve a budget adjustment. Resolution 310-24 as recorded in the office of the City Clerk Benchmark Construction Of NWA, Inc. (Construction Contract): A resolution to approve a contract with Benchmark Construction Company of NWA, Inc. in the amount of $8,693,634.49 for the College Avenue improvements project, to approve a project contingency in the amount of $870,000.00, and to approve a budget adjustment – 2022 street improvement bond project. Resolution 311-24 as recorded in the office of the City Clerk City Council Meeting Minutes December 17, 2024 Page 8 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Police Department Donations (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $148.00 recognizing donation revenue to the Fayetteville Police Department. Resolution 312-24 as recorded in the office of the City Clerk State Forfeitures (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $28,463.00 recognizing revenue associated with federal and state law enforcement forfeitures. Resolution 313-24 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Dr. D’Andre Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Unfinished Business: Stormwater Management And Water Quality Funding (Adoption): An ordinance to enact Chapter 52: Stormwater Management Utility Fee into the Fayetteville Code Of Ordinances. At the December 4, 2024 city council meeting this ordinance was left on the first reading. City Attorney Kit Williams read the ordinance. Council Member Moore motioned to suspend the rules and move to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Chris Brown, Public Works Director provided a summary of what the Stormwater Management Utility Fee was and how it was calculated and the equity model that was used to draft the calculations. He presented numerous slides with various information on homeowner credits, green stormwater practices, drainage criteria and program billing rates. He then introduced other speakers for the presentation Leif Kindberg, Executive Director Illinois River Watershed Partnership gave a brief presentation and explained the Green Infrastructure Program, that is a technical assistance service offered to property owners. He explained this program was designed for more commercial assets but could be used for residential homeowners. He stated there were options in the program that could be used as credits for the fee. Council Member Stafford asked the Council to provide Becky Rourk with 10 minutes of speaking time. City Council Meeting Minutes December 17, 2024 Page 9 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Becky Rourk, Executive Director Beaver Watershed Alliance gave a brief presentation on the background of the Beaver Watershed Alliance. She then explained potential avenues for credits and expansion. Chris Brown addressed a question regarding city owned impervious surfaces on GIS and how those would be excluded from the calculations. He stated that it was possible and would be ready before implementation began. He stated that there were questions regarding whether gravel was an impervious surface and believed that gravel was to be consider an impervious surface. He discussed the possibility of a 50/50 gravel credits under certain circumstances. He reiterated the recommended program billing rates. He stated many residents would be paying approximately $6.00 or under. Council Member Turk thanked Chris Brown for his clarifications on certain items pertaining to this fee. She asked if the credit framework could be finalized in the next few months. Chris Brown thought it was a possibility, but he did feel like some parts of the program did need more public feedback, but overall, the project could move quicker. Council Member Turk explained what she perceived to be the implementation timeline of this fee. Chris Brown agreed with her summation. City Attorney Kit Williams informed the Council that the major item tonight was the exhibit A which was the chapter being discussed. He recommended to the Council an amendment be made to the exhibit after he heard Chris Brown’s statements on possible gravel credits being allowed on a 50/50 schedule. He stated everything else that was discussed sounded in order and hoped the Council would agree to the amended version sent out on Friday with the one change of 50% of the gravel being impervious. Council Member Stafford thanked everyone involved for addressing the gravel concerns. Council Member Stafford motioned to amend to accept new Exhibit A. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. The City Council 8 received public comments regarding this ordinance. Council Member Stafford asked a question regarding run off and impervious surfaces. Chris Brown responded by referring to the question and stated that what Council Member Stafford was mentioning was called “sheet flows” and it was part of Green Stormwater Practices and there could be possible credits for that. City Council Meeting Minutes December 17, 2024 Page 10 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Stafford asked what encouragement was being provided to homeowners that would rather pay the fee than seek out Green Stormwater Practices. He then asked City Attorney, Kit Williams about how this fee impacted individuals on septic. City Attorney Kit Williams read through the ordinance language and identified where this fee affects residents who are actively using stormwater “works” or services. He stated this was the same language used in a case with Hot Springs which was upheld, and he was pretty sure of what the language meant. Council Member Stafford asked if there was any way to have utility company’s help control portions of the water. As an example, he used the right of way coming down Mount Sequoyah. Chris Brown explained that would be a partnership and nothing of the sort had been looked at to date. He stated that if the funding was available something like this idea could be possible. Council Member Wiederkehr supported the ordinance and appreciated the equity aspects of this ordinance. He stated he was sympathetic to renters and explained how he perceived the split of the utility fee to be for multiple story complexes and their renters. He stated that much of the older parts of town would benefit from this fee. Council Member Wiederkehr motioned to suspend the rules and move to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed 6-1. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Dr. Jones voted yes. Council Member Stafford voted no. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Council Member Stafford clarified that no city trail or sidewalk would be calculated in the fee for homeowners. Council Member Moore stated that this had been a long and frustrating process. She acknowledged all the hard work everyone had contributed to this project. Mayor Jordan explained that he had first heard about this in 2001, and it was a start and stop process. He also stated that more people are moving in, and the flooding was not getting any better and that this was a needed ordinance for the people. He described this ordinance as a good starting place. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Ordinance 6825 as Recorded in the office of the City Clerk City Council Meeting Minutes December 17, 2024 Page 11 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov New Business: National Day Of Racial Healing (Recognition - January 21, 2025): A resolution for the City of Fayetteville to recognize the National Day Of Racial Healing on January 21, 2025. Council Member Dr. Jones recognized Mayor Jordan, his leadership and his goal to achieve racial equity within the City of Fayetteville. He then asked City Attorney, Kit Williams to read the resolution and thanked the Council for being committed to racial equity. City Attorney Kit Williams read the resolution. The City Council 8 received public comments regarding this resolution. Council Member Stafford moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Resolution 314-24 as recorded in the office of the City Clerk Upper Ramble Park Hours (Ordinance): An ordinance to amend § 97.015 operating hours in Chapter 97, article ii park operations; administration and enforcement of the code of Fayetteville to provide for extended hours in the Upper Ramble. City Attorney Kit Williams read the ordinance. Alison Jumper, Parks, Natural Resources and Cultural Affairs Director provided a brief explanation and justification of the Upper Ramble Park Hours. City Attorney Kit Williams asked if there should be an emergency clause attached to this ordinance. Alison Jumper said that it would be helpful. City Attorney Kit Williams stated that he was prepared for this and had an amended version that included an emergency clause drafted. Council Member Berna moved to amend to add Emergency Clause. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Council Meeting Minutes December 17, 2024 Page 12 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Stafford motioned to suspend the rules and move to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 6-1. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Moore voted no. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Council Member Moore explained she voted no because she had wished to make a statement before the previous vote. She was surprised to see an item like this come forward that limited park hours and thought that more considerations needed to be made with the public trails and how they support the public. Council Member Berna asked Alison Jumper what park policies are like in other cities that do not shut down. Alison Jumper stated that other cities were looked at and 18 and 24 hour cities had hours of operations for their different parks. She explained that having set park hours allowed for maintenance to occur during specific periods of time and that most parks that are open 24 hours had staff. Council Member Stafford asked if the City of Fayetteville was actively preventing people from resting on trail amenity’s outside of park hours. Mike Reynolds, Police Chief answered no and explained that the City of Fayetteville was compassionate to those that must use those amenities to a point and use a commonsense approach to policing the area. Council Member Stafford motioned to suspend the rules and move to the third reading and final. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Council Member Stafford thanked Mayor Jordan for his work on the trail systems throughout Fayetteville. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Council Member Wiederkehr motioned to approve the Emergency Clause. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Council Meeting Minutes December 17, 2024 Page 13 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Ordinance 6826 as Recorded in the office of the City Clerk Rezoning-2024-0055: (West Of 3296 E. Huntsville Rd/Pair, 528): An ordinance to rezone the property described in rezoning petition RZA 2024-55 for approximately 0.60 acres located West Of 3296 East Huntsville Road in Ward 1 From R-A, Residential-Agricultural to RSF-4, Residential Single-Family, four units per acre (2024-0908) City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief explanation of the rezoning and described the requested change in zoning. He covered pertinent information to the subject property including acreage, surrounding zonings, infill attributes. He explained staff and Planning Commission found the request reasonable and that no public comment had been made. Brian Stanton, Applicant Representative thanked Jonathan Curth for his explanation and said he was available for questions. Council Member Wiederkehr motioned to suspend the rules and move to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr motioned to suspend the rules and move to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Ordinance 6827 as Recorded in the office of the City Clerk Authorize Payment Of Survival Spousal Benefits (Ordinance): An ordinance to authorize payment of survival spousal benefits of 50% of Mayor Jordan’s statutory retirement benefits to Mrs. Diana Jordan and to grant an annual cost-of-living benefit increase up to 3% (2024-0963) City Attorney Kit Williams read the ordinance. City Council Meeting Minutes December 17, 2024 Page 14 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr stated this was a fitting and just item to bestow upon Mayor Jordans wife. Council Member Dr. Jones thanked Mayor Jordan for his service. The City Council 3 received public comments regarding this ordinance Council Member Wiederkehr motioned to suspend the rules and move to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr motioned to suspend the rules and move to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr shared a personal story about Mayor Jordan and thanked him for his service and acknowledged Chief of Staff Norton for her hospitality and professionalism. Council Member Berna shared a personal story about Mayor Jordan and thanked him for his service. Council Member Turk shared a personal story about Mayor Jordan and thanked him for his service. Council Member Stafford shared a personal story about Mayor Jordan and thanked him for his service. Council Member Bunch shared a personal story about Mayor Jordan and thanked him for his service. Council Member Dr. Jones shared a personal story about Mayor Jordan and thanked him for his service. City Attorney Kit Williams shared a personal story about Mayor Jordan and thanked him for his service. Kara Paxton, City Clerk Treasurer shared a personal story about Mayor Jordan and thanked him for his service. Susan Norton, Chief of Staff stated she would make her remarks tomorrow at his reception. City Council Meeting Minutes December 17, 2024 Page 15 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Jordan stated his appreciation for his wife and shared a story on why he wanted to consider the retirement plan options and what prompted this item to come forward. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Hertzberg was absent. Ordinance 6828 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff gave an announcement on the closures of City Hall in the coming weeks for the holiday season. She also stated the grand opening of the Upper Ramble will occur on December 30 at 2:00 PM. Council Member Turk asked about moving the Agenda Session to December 30, 2024. Council Member Moore asked how that would affect other meetings. Susan Norton was not sure if there were or were not items that needed to be heard for the Transportation Committee meeting, but there was a possibility that this meeting could be skipped. Council Member Berna asked if the City Council could change the date legally. City Attorney Kit Williams explained that the Council did have the authority to change the agenda meeting to the 30th as opposed to the 31st by voting or unanimous consent. Council Member Moore asked if anything was on the calendar, Susan Norton responded no. Council Member Moore stated she was fine with the change. Susan Norton asked Kara Paxton, City Clerk Treasurer if the calendar was clear. Kara Paxton, City Clerk Treasurer responded that she would get back with an answer to Susan Norton’s question. Mayor Jordan asked the Council to always work together and recited a quote by John Locke. He then asked everyone to take care of one another and closed by wishing Mayor Elect Rawn success. City Council Agenda Session Presentations: None City Council Meeting Minutes December 17, 2024 Page 16 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Tour:None Adjournment: 9:35 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer