Loading...
HomeMy WebLinkAbout2023-07-06 - Minutes -Vacant Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position I 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 July 06, 2023 City Council Meeting Minutes July 6, 2023 Page 1 of 13 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position l Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 06, 2023 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 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. Pledge of Allegiance Mayor's Announcements, Proclamations and 12eco'.'11itions: Service Recognition for Council Member Sonia Harvey Mayor Jordan, acknowledged Council Member Sonia Harvey and her contributions to the City of Fayetteville as a Citizen and Council Member. Council Member Harvey, expressed her gratitude to the mayor, city council and citizens of Fayetteville. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report - Chief Financial Officer 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2023 Page 3 of 13 Council Member Bunch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Holly Hertzberg was absent and Ward 1, Position 1 is vacant. Unfinished Business: Rezoning-2023-0014: (SE of Dead Horse Mountain Road and E. Goff Farm Road/Riverwood Homes, 606, 607, 645, 646): An ordinance to rezone that property described in Rezoning Petition RZN 2023-014 located southeast of Dead Horse Mountain Road and Goff Farm Road in Ward one for approximately 112.98 acres from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 units per acre subject to a Bill of Assurance to NC, Neighborhood Conservation; CS, Community Services; and R-A, Residential Agricultural. At the 0612012023 City Council Meeting this item was left on the First Reading. Council Member Bunch motioned to suspend rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Holly Hertzberg was absent and Ward 1, Position 1 is vacant. Jonathan Curth, Development Services Director, reviewed the Bill of Assurance submitted by the applicant that limited proposed neighborhood conservation area to a limit of 350 residential building lots. He explained the second Bill of Assurance that identifies limitations to the commercial services area that limited gas stations, drive-thru's, multi -family homes and the area to 50 single family lots. He addressed Staff and Planning Commission recommendations as well as additional public comments that were submitted. Robert Rhoads, Applicant's Representative, introduced himself and the other individuals who accompanied him to support and provide information regarding the rezoning. He then introduced Taylor Johnson, General Manager at Stonebridge Meadows Golf Club. Taylor Johnson, Applicant, explained his relationship with the golf course and how long he had worked for the company. He explained that the golf course set up a meeting and encouraged neighbors to attended to voice their concerns and receive answers from the course regarding their hesitations. He explained that over the last 10 years a multitude of individuals had moved to the area and the course was attempting to keep up with demand and view the rezoning to do so. He states the rezoning will help the golf course service the community more effectively. Matt Marquess, Applicant, stated that Riverwood Homes had a meeting with neighbors the week prior to decipher what their main concerns were, primarily of which are flooding and drainage concerns. He stated the new development would not impact the neighbors and that water displacement will be retained and discharged appropriately. He stated that this development was a unique opportunity to provide housing to a wide variety of individual's and allow more people to enjoy the area. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes July 6, 2023 Page 5 of 13 Council Member Wiederkehr, stated the Bill of Assurance only limited the number of lots and did not directly affect pricing. Council Member Berna, asked Jonathan Curth to address the concerns regarding infrastructure. Jonathan Curth: It is too soon to know an answer to that question. There are adequate water connections and some lift stations are at capacity or needed repairs, I'm not sure what impacts a development may have. Council Member Berna: If the rezoning passes and gets to a higher level of review, would it be the developer's responsibility to get the sewer up to code? Jonathan Curth: That is correct. Council Member Moore, appreciated all the collaboration and believed the council had identified housing as a main concern. She stated that her concern was the infrastructure strain and was anticipating tremendous gaps on the rise. She opinioned council should not consider the Bill of Assurance and that Fayetteville needed the housing for individuals. Council Member Bunch, requested that Jonathan Curth sum up the infrastructure concerns regarding road level and water level. Jonathan Curth, explained the decision was made by the Street Committee at the time knowing there would be periodic flooding, to only raise the road. Asked Council Member Bunch if that answered her question. Council Member Bunch, opinioned Fayetteville needs the housing, but unfortunately the road is insufficient. She explained that often developments drive infrastructure. Council Member Berna: If the developer put 135 homes on the proposed development, they would not be required to fix the roads from flooding. Jonathan Curth: The City would most likely have to take an assessment of the area and other considerations for infrastructure changes. There is a basket of infrastructure improvements that would need to be weighed against one another. Council Member Berna, felt the properties that had not been developed yet are difficult to develop. Requested the council to leave item on the second reading to give citizens and developer more time to find middle ground. Council Member Jones, questioned what else the Council needed to make an informed decision. Jonathan Curth: From staffs perspective I look to the council to solicit information. I would need more direction from council regarding what their expectations are moving forward if the item is left on the seconding reading. 1 13 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2023 Page 7 of 13 Tim Nyander: Smoke testing is on the list and I will certainly be looking at that lift station a lot closer. Council Member Berna, asked if lift station 1 would need to be upgraded if a couple dozen homes were built or if the development proceeds. Tim Nyander, stated that lift station 1 would need to be upgraded, lift station 2 had already been upgraded and lift station 3 was the City of Fayetteville's responsibility. Lift station 1 and 2 would be the developer's responsibility. Council Member Jones, was in favor of holding the item on the second reading and requested the developer and citizens to potentially have another meeting to answer the questions that had been brought to the council's attention. Council Member Bunch, asked Jonathan Curth to remind the council of what Council Member Turks questions were. Jonathan Curth, relayed information regarding drainage concerns, different sub -basins and flow paths for the area. He covered the drainage issues on a topographic map and asked for council to specify their drainage concerns so he could provide more accurate information in alignment with their expectations. Council Member Turk, asked if Jonathan could explain the topographic slide. Jonathan Curth, explained the topographic slide point by point. Council Member Turk, asked Jonathan to provide a slide that represents where most of the flooding occurs, specifically around chokepoints. Council Member Berna: Two weeks ago, nobody spoke in favor and now public opinion seems to be more open to the idea, tabling for another two weeks would make the most sense. Council Member Wiederkehr, asked if the vote would need a simple majority or if this needs 5 affirmative votes to pass? City Attorney Kit Williams: Yes, to pass this item it would need 5 affirmative votes. This item was left on the second reading. New Business: Fill Vacancy for City Council Member / Ward One, Position One (Resolution): A resolution to call a Special Election on November 14, 2023 to fill a vacancy in the Office of the City Council Member for Ward One, Position One of the City of Fayetteville. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2023 Page 9 of 13 allowed to collect signatures in a two week period. So that is the same basic thing we have, two week period which would begin on July 1 lt" that way there would be some time for somebody to get their petitions together but, petitions as Kara can tell you also are basically what's required by the Secretary of State and state statues so these form petitions are available for anybody that would want to run. You all have filled them out in the past as have I. They are very standard, and it is something that anybody that is going to be on the Council and run for election is going to fill out these petitions. Of course, they are limited to people in Ward One. Nobody outside of Ward One would be able to sign the petition, that must be Ward One only. What I had here is the petition for candidacy shall begin on July 11 th and end at noon on July 25t" which is two weeks later. When all the petitions from municipal candidates shall be provided to the Washington County Clerk's Office. They are not actually turned in to our office, they are turned into the Washington County Clerk's Office. That's where all the records, all the voting records are so they will check the signatures and at that point then the ballot position drawing would be on or before August 1st at the place time and date selected by the Washington County Election Commission. Of course, they are the ones who control the whole election, prepare the ballot, usually the ballot is sent to my office but, it is standard. Whatever the election commission wants, that's what they do and handle the election. The election would be on November 14th of 2023 pursuant to state statue. That is the only date that is available to us. Council Member Bunch: If there is not a run-off, when does the person take office? City Attorney Kit Williams: They will be sworn in and take office immediately. Council Member Jones, asked to clarify, that a special election could be held those months were March and November. City Attorney Kit Williams: That is correct, it used to be 4 times but, that changed. Council Member Jones: If something happened to one of the sitting Council members now, how would that look or what would that mean. City Attorney Kit Williams, stated the exact same rules would apply but, if the council lost another member the same resolution would take place but, would be able to pass with 4 affirmative votes due to the legislative body already having a vacant position. Council Member Bunch, explained and reminded the council that everyone needed to be mindful of quorum requirements. She stated that meeting the minimum quorum requirements could make it difficult to pass items. City Attorney Kit Williams, stated that the council could take public comment but, they do not have to with it being an internal motion. Council Member Jones, requested to hear public comment. The City Council received 2 public comments on this resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2023 Page 1 1 of 13 Council Member Wiederkehr moved approve the resolution. Council Member Jones seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Holly Hertzberg was absent and Ward 1, Position 1 is vacant. Resolution 152-23 as recorded in the office of the City Clerk Ordinance Amendment §118.01 (Short Term Rental Density Cap): An ordinance to amend § 118.01 Applicability of the Fayetteville City Code to reduce the citywide density cap for Short Term Rentals to 475, and to declare an emergency. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, explained the overview of the Short -Term Rental Density Cap ordinance. He explained the differences between Conditional Use Permits, Short -Term Rentals, and the differences between Type One and Type Two short term rentals. He then summarized the Ordinance Review agenda and explained the public comment that had been received. Council Member Berna, remarked that with the absence of Council Member Hertzberg he would do his best to explain the thought process behind the density cap number. The number decided for the cap was a compromise between all members involved and that the amended cap number would allow a year and a half of growth for additional short-term rentals. The amendment will have no effect on short-term rentals that are already permitted. Council Member Moore, agreed with Council Member Berna's summation. She encouraged the public to weigh in on the conversation regarding short term rentals. The City Council received 7 public comments on this ordinance. Council Member Bunch, stated the agreement to have a 3`d party contractor identify short-term rentals that are operating without a license had been signed and that the City would be enforcing the ordinance more strictly. Council Member Berna, asked how the legal injunction in Bella Vista could possibly affect the City of Fayetteville. City Attorney Kit Williams, stated that it should not affect the City of Fayetteville and that now it was a preliminary injunction. He had not read Bella Vista's ordinance and that the City of Fayetteville has had their ordinance in place for a while. The City has the protection of the sunset clause and can defeat a lot of actions that could possibly come against the city. He states it will be up to the council to renew the Sunset Clause however they see fit when it becomes time to do so. The conservative recommendation would be to implement another sunset clause as a failsafe but, the City of Fayetteville is not in immediate danger and does not anticipate a lawsuit at this time. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes July 6, 2023 Page 13 of 13 City Attorney Kit Williams: If you wish to pass the emergency clause there needs to be a motion and a second. Council Member Jones moved to pass the emergency clause. Council Member Moore seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Holly Hertzberg was absent and Ward 1, Position 1 is vacant. Ordinance 6672 as Recorded in the office of the City Clerk Announcements: City Clerk Treasurer Kara Paxton, explained there were packets available that provided information on running for public office that included filing times and what was and was not allowed. City Council Agenda Session Presentations: Sales Tax Report - Paul Becker and Energy Report - Peter Nierengarten City Council Tour: None Adiournment: 8:07 p.m. s%41%1n 11„r1111,, AFkG1? Y pF 9�G% ►�. VAYF.411"', A! Tf`V1Lf_t:"' Li( cld .lor n, Miliifor Kara Paxton, City C erk Treasurer 0-cP'.'r!t C P' . .��`. v 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov