HomeMy WebLinkAbout2024-02-06 - 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
February 6, 2024
City Council Meeting Minutes
February 6, 2024
Page 1 of 23
Council Member Scott Bema
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 February 6, 2024 at 5:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Council Members Robert B. Stafford, D'Andre Jones, Sarah Moore, Mike
Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld
Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan
Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience.
Pledge of Allegiance
NlaN-or's Announcements, Proclamations and Recognitions:
Fayetteville High School Football Team and the Fayetteville Athletic Department
Recognition by Mayor Lioneld Jordan
Mayor Jordan congratulated the Fayetteville High School Football Team for winning the 7A
Football State Championship.
Council Member Berna stated the Fayetteville Bulldogs would be represented in the Superbowl
on Sunday by two former Fayetteville Bulldogs.
City Council Meeting Presentations, Reports, and Discussion Items:
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City Council Meeting Minutes
February 6, 2024
Page 2 of 23
Monthly Financial Report - Chief Financial Officer
Paul Becker, Chief Financial Officer gave a brief summary of the Monthly Financial Report. He
stated sales tax for the year was up 5%, franchise fees were up 6%, alcoholic beverages were up
12% and building permits were up 10%. He stated that overall, the city was up roughly 7% for the
year as far as revenue was concerned. He briefly spoke of the pay plan that had come forward
earlier last year and of how sales tax had needed to be up around 9.2% to cover that expense. He
stated the sales tax had not been up 9.2% but when reviewing all the other revenues combined, the
city would have that increase covered. He stated that when closing out the books for the 2023
General Fund, the city may show a small accounting loss for the year of 2023, primarily due to
paying down some of the old expenditures that had carried into the 2023 year. He stated the Street
Fund was up about 3%, Parking revenue was down 8%, the Water and Sewer Fund was down
around 3%, solid waste fees were down 3% and Airport sales were down about 11%. He stated
that all in all, it had been a very successful year for the City of Fayetteville.
There was a brief discussion between Council Member Moore and Paul Becker regarding his
outlook of building permits being projected to be flat for 2024 compared to 2023. Paul Becker
stated he was holding with his projection.
A—.enda :additions: None
Consent:
Approval of the January 18, 2024 City Council Meeting Minutes
APPROVED
Play Safely Sports (Service Agreement): A resolution to authorize a contract with Play Safely
Sports to provide Youth Injury Mitigation Courses for athletic personnel and coaches at a cost of
$20.00 per person, and to approve a budget adjustment.
Resolution 37-24 as recorded in the office of the City Clerk
Community Access Television, Inc. (Service Contract): A resolution to approve a contract with
Community Access Television, Inc. D/B/A Your Media in the amount of $211,216.00 for the
provision of public access television services and the operation of the public access television
channel through 2024.
Resolution 38-24 as recorded in the office of the City Clerk
Junk -It, LLC. (Service Contract): A resolution to approve an agreement between the City of
Fayetteville and Junk -It, LLC. to haul and dispose of solid waste within the city.
Resolution 39-24 as recorded in the office of the City Clerk
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February 6, 2024
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Forvis, LLP. (Service Contract): A resolution to approve the second one year contract with
Forvis, LLP. for Auditing Services for the 2024 Audit in an amount not to exceed $175,647.00,
with an option to renew for up to three additional one year terms.
Resolution 40-24 as recorded in the office of the City Clerk
2019 Phase I Bonds (Budget Adjustment): A resolution to approve a budget adjustment in the
amount of $308,612.00 recognizing interest revenue generated from the Sales & Use Tax Capital
Improvement and Refunding Bonds Series 2019.
Resolution 41-24 as recorded in the office of the City Clerk
Evans Enterprises, Inc. (Pump Repair): A resolution to accept a quote in the amount of
$54,300.00 plus applicable taxes and freight charges from Evans Enterprises, Inc. for the repair of
a pump used at the Hamestring Sewer Lift Station.
Resolution 42-24 as recorded in the office of the City Clerk
Easement Condemnation (Utility Relocations): A resolution to authorize the City Attorney to
seek condemnation and possession of certain lands owned by Fayetteville Student Housing DST
needed for the utility relocations associated with ARDOT Project 040846 I-49 MLK Interchange.
Resolution 43-24 as recorded in the office of the City Clerk
Petroplus, LLC. (Cost Share): A resolution to authorize a cost share with Petroplus, LLC. in the
amount of $102,577.80 to complete improvements associated with portions of the North Street
Bond Project and to approve a budget adjustment — 2019 Street Improvement Bond Project.
Resolution 44-24 as recorded in the office of the City Clerk
Black Hills Energy Arkansas, Inc. (Service Agreement): A resolution to approve an agreement
with Black Hills Energy Arkansas, Inc. in the amount of $90,950.84 for utility relocations
associated with the Midtown Corridor Project along Deane Street, and to approve a budget
adjustment - 2019 Street Improvement Bond Project.
Resolution 45-24 as recorded in the office of the City Clerk
South Plaza Property Land Sale (Budget Adjustment): A resolution to approve a budget
adjustment in the amount of $1,244,144.00 allocating proceeds from the sale of the South Plaza
property to Reindl Properties Inc.
Resolution 46-24 as recorded in the office of the City Clerk
DC Sparks Construction, LLC. (Change Order #1): A resolution to approve Change Order No.
1 to the Fleet Shop Expansion Contract with DC Sparks Construction, LLC. in the amount of
$272,328.84 to provide and install an overhead crane, and to approve a budget adjustment.
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City Council Meeting Minutes
February 6, 2024
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Resolution 47-24 as recorded in the office of the City Clerk
Afterglow Aircraft Solutions - Paint Facility (Lease Agreement): A resolution to approve a
five year lease agreement with Exclusive Flight, LLC. D/B/A Afterglow Aircraft Solutions for the
Airport Hangar at 4158 South School Avenue for rent in the amount of $901.00 per month.
Resolution 48-24 as recorded in the office of the City Clerk
Afterglow Aircraft Solutions (Lease Agreement): A resolution to approve a five year lease
agreement with Exclusive Flight, LLC. D/B/A Afterglow Aircraft Solutions for the Airport Hangar
at 4580 South School Avenue for rent in the amount of $2,641.77 per month.
Resolution 49-24 as recorded in the office of the City Clerk
Diamond Waste Services, LLC. (Service Agreement): A resolution to approve an agreement
between the City of Fayetteville and Diamond Waste, LLC. to haul and dispose of solid waste
within the city.
Resolution 50-24 as recorded in the office of the City Clerk
Happy Hollow Fuel Canopy Replacement (Budget Adjustment):
A resolution to approve a budget adjustment in the amount of $49,341.00 for the construction,
repair and replacement of the fleet fuel canopy at the Happy Hollow Complex.
Resolution 51-24 as recorded in the office of the City Clerk
Waste Recycle Equipment Sales, LLC. (Purchase Agreement): A resolution to approve the
purchase of a Marathon Galaxy Baler from Waste Recycle Equipment Sales, LLC. in the amount
of $664,174.00, pursuant to a Sourcewell Cooperative Purchasing Contract.
Resolution 52-24 as recorded in the office of the City Clerk
J.A. Riggs Tractor, Co. (Purchase Agreement): A resolution to authorize the purchase of a
Caterpillar Wheel Loader with waste package from J.A. Riggs Tractor Company D/B/A Riggs Cat
in the amount of $325,370.68 plus any applicable surcharges, freight charges and delivery fees up
to 10% of the original price, pursuant to a Sourcewell Cooperative Purchasing Contract.
Resolution 53-24 as recorded in the office of the City Clerk
AR Municipal Equipment, Inc. (Purchase Agreement): A resolution to authorize the purchase
of three Peterbilt Refuse Trucks from Arkansas Municipal Equipment, Inc. in the total amount of
$1,046,583.50, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the
original price, pursuant to a Sourcewell Cooperative Purchasing Contract.
Resolution 54-24 as recorded in the office of the City Clerk
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February 6, 2024
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Clark Equipment Company (Purchase Agreement): A resolution to authorize the purchase of
three bobcats from Clark Equipment Company DB/A Bobcat Company through local dealer WT
Equipment in the total amount of $118,822.24, plus any applicable surcharges, freight charges,
and delivery fees up to 10% of the original price, pursuant to a Sourcewell Cooperative Purchasing
Contract, and to approve a budget adjustment.
Resolution 55-24 as recorded in the office of the City Clerk
Lewis Ford Sales, Inc. (Purchase Agreement): A resolution to approve the purchase of five ford
vehicles from Lewis Ford of Fayetteville in the total amount of $214,124.00 plus any additional
surcharges, freight charges, or delivery fees up to 10% of the original purchase price, pursuant to
Ordinance 6491.
Resolution 56-24 as recorded in the office of the City Clerk
Ford Re -Order (Repeal 69-23): A resolution to repeal Resolution No. 69-23; to authorize the
purchase of two vehicles from Lewis Ford of Fayetteville in the total amount of $112,202.34; to
authorize the purchase of two vehicles from Superior Automotive Group of Siloam Springs in the
total amount of $83,771.00; to authorize a contingency for any applicable surcharges, freight
charges and delivery fees up to 10% of the original purchase price; and to approve a budget
adjustment.
Resolution 57-24 as recorded in the office of the City Clerk
Parts, Tear Down, Inspect and Repair Services (Purchase Agreement): A resolution to
approve the purchase of parts and repair services from original equipment manufacturers or their
authorized vendors or repair locations to tear down, inspect, repair and maintain warranty where
applicable for vehicle and equipment repairs as needed through December 31, 2024, within the
approved budget.
Resolution 58-24 as recorded in the office of the City Clerk
WT Equipment (Purchase Agreement): A resolution to authorize the purchase of a New Holland
Tractor from WT Equipment in the amount of $101,910.24, plus any applicable surcharges, freight
charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell Cooperative
Purchasing Contract.
Resolution 59-24 as recorded in the office of the City Clerk
Hazmat Response Revenue (Budget Adjustment): A resolution to approve a budget adjustment
in the amount of $2,299.00 recognizing Hazmat Response Revenue received from Washington
County and increasing the related expense budget.
Resolution 60-24 as recorded in the office of the City Clerk
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February 6, 2024
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Motorola Solutions, Inc. (Dinsmore Decommission): A resolution to waive competitive bidding
and accept a quote from Motorola Solutions, Inc. in the amount of $36,249.09 plus any applicable
taxes to decommission Legacy Radio Equipment located at the Dinsmore Trail tower site.
Resolution 61-24 as recorded in the office of the City Clerk
2024 Adopted Budget (Re -Appropriation Amendment): A resolution to amend the 2024
adopted budget by reappropriating $155,665,000.00 in bonded or ongoing capital projects,
outstanding obligations and grant funded items.
Resolution 62-24 as recorded in the office of the City Clerk
Council Member Bunch moved to accept the Consent Agenda as read. Council Member
Jones seconded the motion. Upon roll call the motion passed unanimously.
Unfinished Business:
Stearns Street Extension (Budget Adjustment): A resolution to approve a budget adjustment to
create a project budget for an extension of Stearns Street between Vantage Drive and Old Missouri
Road. At the January 18, 2024 City Council Meeting, this resolution was tabled to the February
6, 2024 City Council Meeting.
Chris Brown, Public Works Director briefly spoke of the tour that had taken place on the property
with several council members in attendance. He stated Jonathan Curth would summarize the
questions that had been posed during the tour.
Jonathan Curth, Development Services Director gave a brief description of the resolution and
stated there were approximately over 30 acres of undeveloped property in close proximity to the
proposed connection and two large developments in close proximity to the connection as well. He
stated the City of Fayetteville's Master Street Plan envisioned a future connection further east, all
the way to Crossover Road and that a right-of-way had been acquired that could contribute to the
mentioned connection in the future. He stated the request was important because the portion of
Fayetteville in question would continue to see housing growth.
Chris Brown addressed concerns that had been expressed in regard to the possible increase of
traffic to the Stearns Street and Vantage Drive intersection, the potential cost of the trail only
option and in regard to the alignment of the street being shifted away from the existing homes. He
presented an image that depicted what the proposed changes would look like.
Council Member Berna recommended the item be tabled due to the presentation of new
information regarding the changes Chris Brown had indicated.
There was brief discussion between Council Member Turk and Jonathan Curth regarding the
possible connection to Highway 265 Jonathan Curth had mentioned. Jonathan Curth gave a brief
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City Council Meeting Minutes
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explanation for how the City of Fayetteville acquired right-of-way and stated that there had been
two lot splits between Highway 265 and Old Missouri Road that had required right-of-way.
Chris Brown gave a brief explanation for how portions of streets could be connected by way of
the development process or by the city constructing the street itself. He stated there were nearby
undeveloped properties that could potentially see some portions of the street be constructed by
developers, however the underdeveloped areas could potentially be city projects.
There was a brief discussion between Council Member Stafford and Chris Brown regarding the
potential for trees to be placed on certain areas of the site to provide a buffer from traffic for some
homes. Chris Brown stated that was correct and explained how the shed on the property would be
moved to the other side of the street nearest to the development and then mitigation trees would
be added.
The City Council received 4 public comments regarding this resolution.
Council Member Stafford requested clarification for how the cost was budgeted for the potential
connection.
Chris Brown explained how the cost for the project was estimated based on bids from other
projects and that if the city waited to do the connection, the cost could potentially increase. He
explained that as the design was developed the cost would be narrowed down better.
There was brief discussion between Council Member Stafford and Chris Brown regarding the
possibility of removing a portion of a citizen's yard. Chris Brown stated that as staff worked
through the design process and continued to look at concepts and impacts to properties those types
of issues would be sorted out.
Council Member Turk questioned that if the connection were made and it was then decided the
streets were too narrow, would the city be liable for expanding said streets.
Chris Brown answered no and explained how many streets in the City of Fayetteville did not
currently meet the city's Master Street Plan standards, but that did not mean the streets couldn't
function adequately. He recalled that Stearns Street was already wider than what the connection
was proposed to be.
Council Member Turk questioned that if the city had not received the $20,000 in funding for the
connection from the nearby developments, where in the priority list would the connection have
been.
Chris Brown stated that since the street had been built as part of the development and just needed
the last connector piece, it bumped the connection up in the city's list of priorities but would not
have had urgency if it were not due to the funding available.
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February 6, 2024
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Council Member Bunch spoke of concerns she had heard regarding unsafe connections on the
intersection of Stearns Street and Joyce Boulevard. She questioned if there were any plans to
address the safety concerns there in the future.
Chris Brown stated Joyce Boulevard was a project that was in the city's Safe Streets for All Grant
and that the safety concerns would be addressed as soon as the project agreement was signed, and
a consultant was hired to review solutions.
Council Member Berna explained his reasoning for wanting to table the item due to the residents
in the area seeing new information at the meeting and believed it would be fair to them to give
additional time for everyone to review.
Council Member Turk agreed with Council Member Berna regarding the residents needing
additional time to review the new information that had been presented. She appreciated city staff
for relooking at the proposal and trying to design something that was responsive to the concerns
expressed during the tour.
Council Member Moore acknowledged everyone's comments and the concerns expressed
regarding the safety of the intersection on Joyce Boulevard. She believed that city staff,
Administration and the City Council were focused on ensuring they were making everything as
safe as possible. She requested the item move forward instead of being tabled and believed the
community members near the property would continue to be vocal and ensure their needs were
expressed as the project continued.
Council Member Stafford questioned when the deadline was for the City of Fayetteville to utilize
the funds that were received from the developments for approximately $20,000.
Chris Brown stated the city had five years, plus an extension. He stated the funds were first
received in 2019 and the city was therefore getting close to the five year deadline.
There was a brief discussion between Council Member Stafford and Chris Brown regarding when
the project needed to be initiated. Chris Brown stated he had no concerns regarding the deadline
and explained how it would take approximately four to six months to finalize the design and
receive bids to get the project under construction.
Council Member Jones thanked Chris Brown for his presentation and would be in support of
tabling the item for two weeks to give residents time to review and ask questions.
Council Member Bunch was in support of tabling the item as well and believed it would be fair
to the citizens to allow them time to review the project.
Council Member Berna moved to table the resolution to the February 20, 2024 City Council
Meeting. Council Member Jones seconded the motion. Upon roll call the motion passed 6-2.
Council Member Bunch, Turk, Hertzberg, Jones, Wiederkehr and Berna voted yes. Council
Member Stafford and Moore voted no.
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February 6, 2024
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This resolution was tabled to the February 20, 2024 City Council meeting.
New Business:
2633 N. Gregg Avenue (Purchase Agreement): A resolution to approve the purchase of property
located at 2633 N. Gregg Avenue owned by Quality Life Associates, Inc. in the amount of
$525,000.00 plus $10,000.00 for closing costs, and to approve a budget adjustment - 2019 Street
Improvement Bond Project.
Chris Brown, Public Works Director gave a brief description of the resolution. He stated the
appraised value for the property was priced at approximately $540,000, but the property owner
agreed to sell the property for $525,000. He explained how the property in question was on the
edge of a floodway, possibly even slightly in the floodway, so the removal of the structure on the
property would be beneficial to the floodplain in the area.
Council Member Stafford questioned if the building on the property could be used for any
additional purpose other than being removed.
Chris Brown stated city staff had reviewed alternative options and was looking at the potential of
an individual moving the building off the property to utilize. He stated there would be no vehicular
access to the building if it stayed on the property and stated the city was going to pursue every
avenue before deciding to raze the structure.
Council Member Turk questioned if the property to the south of the proposal would be something
the city might need to purchase in the future.
Chris Brown stated that was correct and explained his discussions with that property owner. He
stated the appraised value for that property was approximately between $250,000 - $275,000.
There was a brief discussion between Council Member Turk and Chris Brown of potentially
utilizing the site as a preservation area in the future.
Council Member Moore moved to approve the resolution. Council Member Berna seconded
the motion. Upon roll call the resolution passed unanimously.
Resolution 63-24 as recorded in the office of the City Clerk
Woolsey Homestead (Asset Transfer): A resolution to approve the transfer of the Woolsey
Farmstead Property from the Utilities Department to the Parks, Natural Resources, and Cultural
Affairs Department, and to approve a budget adjustment.
Paul Becker, Chief Financial Officer gave a brief description of the resolution.
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Council Member Moore appreciated Paul Becker for the details regarding the proposal and of
the effort of the Parks and Recreation Department. She hoped there could a be a tour of the property
and some revisioning done regarding the details and plans for the area. She would be in support of
the resolution.
Council Member Turk questioned if the transfer of the property from Water and Sewer to General
Assets restricted the use or vision of the property.
Paul Becker stated that once the property was to General Assets, it could still be purposed in
whatever way the City Council and Administration wished to utilize it.
Council Member Berna moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution passed unanimously.
Resolution 64-24 as recorded in the office of the City Clerk
Spout Springs Historic District (Petition Signature): A resolution to authorize Mayor Jordan to
sign the proposed Spout Spring Historic District Petition agreeing that the city owned property of
the Yvonne Richardson Community Center shall be included within the Spout Spring Historic
District.
Council Member Jones encouraged everyone to reach out to Emma Willis regarding any
questions or concerns they had. He recognized Black History Month and the Fayetteville African
American natives who were in attendance at the City Council Meeting. He believed the project
had brought the community together and stated he had received no pushback in opposition to the
request. He acknowledged how the City of Fayetteville had been the only city in the State of
Arkansas to declare racism a public health crisis. He stated the proposal had a personal impact on
him and that tonight would be an opportunity to fix this issue in the City of Fayetteville and how
it could impact the community.
Emma Willis stated she had been retained by Northwest Arkansas Black Heritage in August of
last year in an effort to create a historic district in Spout Springs of Fayetteville, Arkansas, which
consisted of a little over 698 lots. She was commissioned with the task of gathering a majority of
signatures from landowners in that area as well as putting together a petition that consisted of all
the legal language needed for the process. She briefly spoke of how there were many developers
in the area in question that owned multiple properties, including the City of Fayetteville,
Washington County and the Fayetteville School District. She was working towards creating a
precedent for how historic districts would be incorporated in the City of Fayetteville in the future.
She requested 42 properties to be signed for from the city and noted that the resolution had reduced
the number down to only eight properties around the Yvonne Richardson Center. She requested
the resolution be amended to reflect that the Northwest Arkansas Black Hertiage be placed as the
party bringing the issue to the City Council and requested that the city give clarification for why
the 42 properties had been reduced down to only eight properties and would like for that to be
amended as well.
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February 6, 2024
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City Attorney Kit Williams stated he could not agree to the amendment Emma Willis had
mentioned due to legal reasons. He briefly explained how when a historic district was looking at
property owners, he believed that to mean someone who owned a property they could live on or
have a business on and that the easements in the area were not buildable and he did not believe
those to be counted as property owners. He believed the safest thing to do would be to consider a
property owner as having a developable lot or a house already built on said property. He believed
the only property the City of Fayetteville owned in the Spout Springs area, aside from easements,
was the Yvonne Richardson Center.
Emma Willis questioned that if City Attorney Kit Williams' opinion held, would she be allowed
to reduce the number of signatures she was required to gather.
City Attorney Kit Williams believed that to be correct and explained that the parcels that did not
have anyone living on them and were not developable shouldn't have to be counted.
Emma Willis questioned how that could be approved prior to collecting signatures and suggested
the possibility of getting a response from the Attorney General's Office on how the properties were
viewed before creating a packet to send to the State of Arkansas for approval.
City Attorney Kit Williams would be in favor of having an Attorney General opinion on the
question at hand and believed it would be helpful.
There was brief discussion between Emma Willis and City Attorney Kit Williams regarding
reaching out to the Attorney General's Office. Emma Willis stated she would get additional
clarification as to how the state viewed the properties in question and if they were considered
undevelopable, then would the state reduce the number of signatures required. She stated she
would continue doing work to collect the signatures and requested the item be tabled until a
response was received from the Attorney Generals Office.
Council Member Turk questioned if Emma Willis had spoken with the State Historic
Preservation Officer located in Little Rock, Arkansas.
Emma Willis stated there would be an event hosted at Crystal Bridges on February the 15t" for
citizens to listen to the entire project from the State of Arkansas's perspective.
Council Member Turk commented on how there were many historic districts in the State of
Arkansas and the City of Fayetteville and so she believed the concerns posed earlier might have
already been addressed.
Emma Willis clarified that there were technically no historic districts in the City of Fayetteville.
Council Member Turk stated there was a historic district located at the White Hangar in the City
of Fayetteville and that there were many across the State of Arkansas. She believed it had already
been decided whether rights -of -way could be included as parcels and did not believe an opinion
from the Attorney General's Office was needed. She believed better clarification and guidance
from the State Historic Preservation Officer would help.
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Emma Willis appreciated Council Member Turks suggestion.
Council Member Stafford thanked Emma Willis for her work.
Council Member Jones thanked Emma Willis for her work and questioned what timeline she was
working with, and if reaching out to the State of Arkansas for clarification would affect that.
Emma Willis explained how her work was done and that she hoped to have a packet for the City
of Fayetteville to review and send to the State of Arkansas completed by the end of March. She
stated she had already spoken with a majority of the property owners in the area.
Council Member Jones expressed concerns regarding the signatures possibly not being validated
and potentially causing a delay in the project.
Emma Willis stated she had a list of property owners that had been provided from Washington
County and spoke of how she had been meticulous in the process of signature collection and
verifying said property owners by meeting them in person.
There was a brief discussion between Council Member Jones and Emma Willis regarding the
feedback she had received from the residents of the City of Fayetteville. Emma Willis stated she
had been met with excitement at the opportunity and had not received any complaints. She spoke
of how important it was for everyone to feel educated and comfortable with the process and stated
there would be community clinics set up over the course of the next few weeks to provide clarity
to property owners and assist them with estate planning and other things that went along with the
creation of the historic district. She spoke of how she was highly communicative and was available
for questions. She wanted to set a precedent going forward so that if another historic district was
created later on in the future, there was clarification available on the process already.
Council Member Berna applauded Emma Willis for her transparency and work on the resolution.
He was supportive in the direction she was going with the project. He questioned if the historic
district that was being proposed would be governed by rules and regulations associated with the
State of Arkansas requirements.
Emma Willis stated that was correct.
Council Member Berna requested clarification regarding what the State of Arkansas guidelines
were that the City of Fayetteville would be required to follow.
Emma Willis stated she did not have the answer to that question currently and would not have
that answer until the signature process was completed and the Historic Preservation Commission
of the State of Arkansas had reviewed the request. She stated the request would then come back to
the City Council of the City of Fayetteville, Arkansas for a vote. She clarified that anyone existing
in the area in question would not be penalized or harmed by the process, it would only reflect on
future buildings and future things that were allowed into the community.
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City Attorney Kit Williams briefly spoke of the issues he hoped the Attorney General's Office
could clarify regarding parcels and property owners. He stated that the current districts in the City
of Fayetteville were Federal Districts, which had no enforcement powers, and would not have the
same requirements as the proposed district being discussed tonight.
Council Member Turk felt confident that a phone call with the State Historic Preservation Office
would clear up a lot of the questions and concerns that had been expressed tonight.
Mayor Jordan requested Britin Bostick come forward and give additional information.
Britin Bostick, Long Range Planning/Special Projects Manager introduced herself and her
colleague, Sherry Grifith, as the point of contact between the City of Fayetteville and the State
Preservation Office, as well as the point of contact for federally funded or federally regulated
projects that evaluated impacts to federally identified historic sites. She stated the City of
Fayetteville had eleven national registered districts and 70 individually listed areas on the National
Register of Historic Places and gave a brief explanation of what historic districts were and how
they were reviewed.
There was a brief discussion between Council Member Moore and Britin Bostick regarding the
range of possible uses for the proposed historic district. Britin Bostick gave a brief explanation of
the different historic districts located in the State of Arkansas and expressed how they all had
design guidelines adopted that focused on specific details regarding things such as the buildings
themselves and site design features.
Council Member Moore questioned at what point the signature process had been done with each
city in Arkansas and if it had been done in different ways.
Britin Bostick stated she had not been able to find that information quickly and that the state grant
application the City Council had approved previously for seeking additional assistance with
research work could give the city a strong foundation for looking into establishing a historic
district.
Council Member Stafford thanked everyone for their work on the project. He briefly spoke of
how the project would be a long process and that it was too important to fail due to unanswered
concerns. He wanted to encourage everyone to reach out if they had questions and stated he was
in support of the resolution. He requested that if the city received clarification that a property
owner could only sign once of the signature petition that the overall required number would be
reduced.
City Attorney Kit Williams, "It's a majority of the property owners so that when you have a
smaller number that are eligible, obviously you have a smaller number that you have to get."
The City Council received 4 public comments regarding this resolution.
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Council Member Jones moved to amend whereas clause to Emma Willis representative of
the Northwest Arkansas Black Heritage. Council Member Stafford seconded the motion.
Upon roll call the motion passed unanimously.
City Attorney Kit Williams stated Britin Bostick could contact the State Historic Preservation
Office for their opinion on if there were specifically addressed rules on counting property owners
and if not, staff could then contact the Attorney General's Office to get better clarification.
Emma Willis was agreeable to that process and stated she would continue the effort of gathering
signatures from individual property owners and would wait before getting signatures from property
owners who owned more than two properties.
Council Member Jones questioned if a timeline needed to be developed for the response the city
expected to receive back.
Emma Willis expected a response to be received soon and that the item be tabled to the next City
Council Meeting.
Council Member Berna questioned if Britin Bostick believed that timeline to be realistic.
Britin Bostick, "Yes, sir."
Council Member Stafford moved to table the resolution to the next City Council Meeting of
February 20, 2024. Council Member Jones seconded the motion.
There was brief discussion between Council Member Moore and City Attorney Kit Williams
regarding if there would be harm in the City Council approving the resolution now and possibly
doing a revision in the future. City Attorney Kit Williams clarified that he wanted to ensure that
what the City Council did was legal, and therefore believed they should wait to receive written
guidelines back from the State of Arkansas regarding the historic district before moving forward.
Council Member Stafford moved to table the resolution to the February 20, 2024 City
Council Meeting. Council Member Jones seconded the motion. Upon roll call the motion
passed unanimously.
This resolution was tabled to the February 20, 2024 City Council meeting.
Urban Forestry Management Plan (Approval): A resolution to approve and adopt the Urban
Forestry Management Plan.
John Scott, Urban Forester requested the resolution be tabled to the August 6, 2024 City Council
Meeting for further review and adjustments.
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Council Member Stafford moved to table the resolution to the August 6, 2024 City Council
Meeting. Council Member Berna seconded the motion. Upon roll call the motion passed
unanimously.
This resolution was tabled to the August 6, 2024 City Council meeting.
Outdoor Refreshment Area (Amendments): An ordinance to amend § 111.07 Outdoor
Refreshment Area, to amend the Evelyn Hills Outdoor Refreshment Area Provisions, and to create
Provisions for Suspending or Revoking a Business's Ability to Participate in an Outdoor
Refreshment Area.
City Attorney Kit Williams read the ordinance.
Devin Howland, Director of Economic Vitality gave a brief description of the ordinance and stated
the Downtown Fayetteville Coalition was in support of the amendments.
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 unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6716 as Recorded in the office of the City Clerk
2141 North Green Acres Road (Raze and Removal): A resolution to order the razing and
removal of a dilapidated and unsafe structure on property owned by Mullins Property Management
LLC; C/O John Mullins located at 2141 North Green Acres Road in the City of Fayetteville,
Arkansas; and to approve a budget adjustment in the amount of $10,644.00.
Billy Bryant, Senior Code Compliance Officer gave a brief description of the City of
Fayetteville's razing and removal process and of the history regarding the property. He stated the
item had been brought to the City Council in the past, where it had been tabled three times to afford
the property owner time to make repairs. He stated the last time the item had been presented to the
City Council staff had recommended it be tabled indefinitely due to the sale of the property to
another individual. He stated the new property owner had not removed the dilapidated structure
and therefore staff recommended approval of a raze and removal order for the property. He stated
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February 6, 2024
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the Building Official had determined further extensions for the property to be inappropriate and
that allowing the structure to stand posed a danger.
John Mullins, Property Owner stated he had never said that he would not tear the structure down
and spoke of how he had tried to tear down the building and rezone the property, but the City of
Fayetteville had not allowed him to do so.
Council Member Moore questioned if the property owner had made inquiries or applications to
city staff for redevelopment of the area.
Jonathan Curth, Development Services Director stated staff had not received any applications to
rezone the property, but believed the property owner might have reached out to staff via inquiries
on the feasibility of redevelopment.
Council Member Hertzberg asked what the current zoning and total acreage was for the property.
Jonathan Curth stated the property was split zoned; the front portion was zoned Residential
Single Family 4 units per acre, and the back portion was zoned Residential Office. He stated the
property in whole was just shy of one acre.
Council Member Bunch questioned how long the property had been on the floodplain and if that
had changed when the property switched ownership.
Jonathan Curth stated the property had already been encumbered with floodplain at the time it
had switched ownership.
Council Member Bunch believed the floodplain issue regarding the property had been made clear
at the time of purchase.
Council Member Wiederkehr commented that the existing structure would have needed to be
demolished before the owner could proceed with building something else, so he did not understand
the comments regarding the city not allowing the property owner to redevelop.
Council Member Turk moved to approve the resolution. Council Member Stafford seconded
the motion. Upon roll call the resolution passed unanimously.
Resolution 65-24 as recorded in the office of the City Clerk
Rezoning-2023-0030: (West of 2558 W. Valley Dr./Redbridge Development LTD., 402): An
ordinance to rezone the property described in Rezoning Petition RZN 2023-0030 for
approximately 0.60 acres located west of 2558 West Valley Drive in Ward 2 from RSF-4,
Residential Single -Family, four units per acre to RSF-8, Residential Single -Family, eight units per
acre.
City Attorney Kit Williams read the ordinance.
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Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
briefly explained city staff s mixed findings when the request was reviewed from a land use
compatibility standpoint and from a long range planning standpoint. He stated the property was
outside of the floodplain, but access to the property was within the floodplain. He stated tree
canopy requirements would stay at 20% and briefly spoke of the public comment that had been
received in concern and opposition to the request with the focus in regard to flooding. He stated
staff recommended denial of the request and found that the existing zoning designation was the
most appropriate option given the flooding in the area. He stated the Planning Commission
forwarded the request to the City Council by a vote of 7-1, with comments that they felt the change
was incremental and of the ability for a developer to develop the property more flexibly. He stated
the vote in opposition aligned with staffs concerns regarding flooding and that allowing a higher
density in the area would not align with the city's Long Range Planning goals. He stated Phil
Swope was present as the applicant for the item.
Phil Swope, Applicant stated there were many floodplain ordinances and requirements to ensure
safety and flooding was maintained in a proper way. He requested the City Council's support.
The City Council received 2 public comments regarding this ordinance.
Council Member Turk was familiar with the area and the flooding issues. She believed the
request would add more impervious surface and believed the property should be restricted to the
current zoning type.
There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the
amount of acreage on the property and what was allowable to be built on the site.
There was brief discussion between Council Member Stafford, Jonathan Curth and Alan Pugh,
Staff Engineer, regarding the area where the West End Apartments had been and if the foundation
pads still existed there and how much impermeable surface that covered. Jonathan Curth answered
that the foundation consisted of a mix of concrete pad and gravel and looked to cover
approximately 50,000 square feet. Alan Pugh stated the intent was to remove the foundation pads
and return the area to a natural space.
Council Member Berna moved to suspend the rules and go to the second reading. Council
Member Turk seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Turk seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed
unanimously.
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This ordinance failed.
Rezoning-2023-0034: (West of S. Razorback Rd./Looney, 599): An ordinance to rezone the
property described in Rezoning Petition RZN 2023-034 for approximately 3.06 acres located west
of South Razorback Road near the Town Branch Trail in Ward 1 from NS-L, Neighborhood
Services — limited to R-A, Residential -Agricultural and UT, Urban Thoroughfare.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated staff found the request to be compatible from a land use and from a long range planning
standpoint. He briefly spoke of the tree canopy requirements on the property and how the city's
Urban Foresters had the ability to use a weighted tree preservation calculation to determine how it
would apply across the site. He noted that the property was within floodplain and within proximity
to be subject to the city's streamside protection standards. He stated staff had received one public
comment in favor of the proposal and stated that under the new FEMA adopted maps, the amount
of floodplain would be increased on the property. He stated staff recommended in favor of the
request and it had been brought before the Planning Commission who unanimously voted in favor,
forwarding it to the City Council. He stated Brian Teague was present as representative for the
item.
Brian Teague, Owner of Community by Design expressed his appreciation for the
recommendations of approval from city staff and the Planning Commission. He represented the
property owners and had been assisting them with the development of a master plan for the
property that included the possible preservation of a natural area on the north side of the site as
well as the development of family dwellings. He briefly explained the reasoning for why they were
requesting the property be rezoned and of how they believed the request aligned with the city plan.
He stated the neighbors were in support of the request and he asked that the City Council support
it as well.
There was brief discussion between Council Member Stafford and Jonathan Curth regarding an
image that had been depicted in the slideshow presentation. Jonathan Curth clarified that the image
in question was part of an illustrative plan for the neighborhood.
There was a brief discussion between Council Member Turk and Jonathan Curth regarding the
building height allowance under Urban Thoroughfare and Community Services.
Council Member Turk briefly spoke of how she had concerns regarding the building heights in
the area and concerns regarding the floodplain.
There was a brief discussion between City Attorney Kit Williams and Council Member Stafford
regarding how the City Council could not ask questions regarding details of the potential project.
Council Member Berna moved to suspend the rules and go to the second reading. Council
Member Stafford seconded the motion. Upon roll call the motion passed unanimously.
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City Attorney Kit Williams read the ordinance.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Moore seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Stafford thanked the applicant for the consideration they had given to keeping
the trees along the trail and the mixed use on Razorback Road.
Council Member Moore thanked the applicant for explaining their process and appreciated the
thoughtfulness that had went into the project. She would be in support of the proposal.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Council Member Bunch, Hertzberg, Stafford, Jones, Moore, Wiederkehr and Berna voted
yes. Council Member Turk voted no.
Ordinance 6717 as Recorded in the office of the City Clerk
Appeal: Conditional Use Permit-2023-0171: (1006 E. Sparrow CirNan Winkle, 603): A
resolution to grant the appeal of Council Members Scott Berna, Sarah Bunch, and D'Andre Jones
and refer Conditional Use Permit CUP 2023-171 back to the Planning Commission to consider the
application for a Short Term Rental at 1006 East Sparrow Circle in Ward 1.
Jonathan Curth, Development Services Director gave a brief description of Type One and Type
Two Short -Term Rentals. He stated the City of Fayetteville currently had 96 Type One Short -Term
Rentals and 447 Type Two Short -Term Rentals, he stated there were 27 Short -Term Rentals in
review and 22 on a waitlist. He noted an Ordinance Review Committee Meeting was scheduled
for February 21St at 5:30 PM with this item on the agenda. He gave a brief description of the
ordinance. He stated that in September of last year, Planning had received a request to utilize the
property as a Type Two Short -Term Rental which was denied by the Planning Commission by a
vote of 1-7, with concern due to density of Type Two Short -Term Rentals in the area. He stated
that a month later, Planning received a complaint that the property was operating as a short-term
rental and after validating the complaint, a violation letter was issued and escalated in early
December when the listing was found to still be open. Planning also received another application
around that time to utilize the property as a Type Two Short -Term Rental. He stated planning staff
recommended the proposal not be approved with concerns regarding parking, density and
concentration of short-term rentals in the area and did not find there to be any notable changes in
those issues. "This was a somewhat unusual request when it came through in September as in that
this property owner submitted three short-term rental applications that came through all at that one
meeting and I think it's important to note this because planning staff was conflicted in their
recommendation and because we felt that it was appropriate perhaps to have one of these added to
this area but adding all three would push the concentration just in this area of the city above four
percent, which at the time we used to have a two percent cap which would have put them at double
of what our cap was. The planning commission appeared to have observed that and of those three
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applications, they approved one and the other two were denied, which represent items C.9 and
C.10 on your agenda tonight. Ultimately, staff did not find that the request to be substantially
changed enough to merit reconsideration and recommended denial of the request. The planning
commission felt similarly and denied it by a vote of 2-6."
Casey Copeland, Attorney with Aundrea Stone Hanna, P.L.L.C. briefly cited the City of
Fayetteville Code and requested that the City Council send the proposal back to the Planning
Commission for reconsideration.
City Attorney Kit Williams spoke briefly of the City of Fayetteville Code regarding appeals and
of how the circumstances that justify reconsideration by the Planning Commission for appeals
must be relevant to why the item was turned down in the first place to some extent. He stated the
City Council was sitting as the Planning Commission at the current meeting and it was up to them
to decide whether or not the changes that were proposed by the applicant was sufficient to justify
reconsideration by the Planning Commission.
Jonathan Curth stated the staff report clearly outlined that staff did not find any evidence of
change to convince staff to recommend the item be reconsidered.
Council Member Berna stated Mr. Van Winkle had contacted 'him multiple times and conveyed
those substantial changes had been made to his request. He felt as though that comment was not
entirely accurate because staff had not found any substantial changes to the request in their report.
Greg Van Winkle, Property Owner stated he had made the following changes to his request;
modification of the Airbnb posting to lower the number of occupants that could stay on the
property as well as a mandate of no more than four vehicles on the property, the addition of a
property manager to monitor the parking on site as well as the addition of cameras.
Council Member Berna expressed disappointment due to the fact that Mr. Van Winkle tried to
include the conditional use permit into the request to be heard tonight, instead of just discussing
whether the item had a substantial change to warrant it being sent back to the Planning Commission
for consideration.
Greg Van Winkle stated he had been following the leadership of his attorney in that regard.
Council Member Bunch stated one of the biggest issues regarding the item was in regard to
density, which had no substantial change. She agreed with Council Member Berna and had not
noticed any significant changes to the proposal.
Council Member Jones noted that Mr. Van Winkle stated he had not been able to express the
changes to the Planning Commission and questioned why that had happened.
Greg Van Winkle felt as though the biggest issue brought up during the Planning Commission
meeting had been in regard to parking and didn't understand why his changes of reducing it down
to four applicants, four parking places, the addition of a property owner and cameras weren't
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enough to modify that concern. He stated he had asked for advice but received nothing more than
just being told his changes weren't enough.
Council Member Jones stated he did not see any significant changes to the request and
encouraged Mr. Van Winkle to always ask questions to get additional assistance and clarification.
Council Member Stafford stated density was a huge problem for him regarding short-term rentals
and spoke of how Mr. Van Winkle had continued operating the property as a Type Two Short -
Term Rental when he was not supposed to.
Greg Van Winkle stated he had snoozed the property on Airbnb while going through the process
with the city. He did not realize the property had become unsnoozed until his property manager
had received a letter stating so.
There was a brief discussion between Council Member Stafford, Greg Van Winkle and Jonathan
Curth regarding if anyone had rented the property when it should not have been operating as a
Short -Term Rental. Greg Van Winkle stated that the property had not been rented during that time
and the only people utilizing the property had been his family members. Jonathan Curth stated
staff had a screenshot of the property being advertised and available to rent from December 12-
14th. Jonathan Curth clarified that the City of Fayetteville's Short -Term Rental Ordinance stated it
was illegal to advertise properties if the property owner did not have a permit or a license to operate
as a Short -Term Rental.
Council Member Stafford questioned if it was appropriate for the City Council to question the
judgment of the Planning Commission and staff, and request that the item be considered again.
City Attorney Kit Williams explained that the City Council was currently sitting at the Planning
Commission as if they were hearing the item for the first time and make whatever decision they
felt was appropriate under the circumstances.
Council Member Stafford would like to stick with the Planning Commission's recommendation.
Council Member Hertzberg questioned why the applicant had not appealed Planning
Commissions initial denial of the Conditional Use Permit.
Casey Copeland explained how Mr. Van Winkle had hired an attorney to start the appeal, however
the attorney had not done so properly and therefore the appeal had not went through at that time.
Council Member Moore moved to approve the resolution. Council Member Turk seconded the
motion.
There was a brief discussion between Council Member Jones and Jonathan Curth regarding if the
applicant could make any additional changes to bring the request back for consideration. Jonathan
Curth explained that to make the same application again, it would require the applicant wait a year
but if the applicant felt as though they had made changes to their request, the Planning Commission
would then need to evaluate if the application had changed as stated.
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City Attorney Kit Williams stated that if the City Council felt as though the applicant had
provided sufficient evidence of changed circumstances or new circumstances to justify
consideration of the appeal, a yes vote would grant the appeal and send it back to the Planning
Commission for a new hearing. He stated if the City Council was not in favor and felt there were
not enough changed circumstances, they would vote no.
Council Member Moore moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution failed 1-7. Council Member Jones voted yes. Council
Member Bunch, Turk, Hertzberg, Stafford, Moore, Wiederkehr and Berna voted no.
This resolution failed.
Appeal: Conditional Use Permit-2023-0170: (854 E. Sparrow CirNan Winkle, 603): A
resolution to grant the appeal of Council Members Scott Berna, Sarah Bunch, and D'Andre Jones
and refer Conditional Use Permit CUP 2023-170 back to the Planning Commission to consider the
application for a Short Term Rental at 854 East Sparrow Circle in Ward 1.
Jonathan Curth, Development Services Director gave a description of the resolution and stated
the property had encountered the same issues as the previous item the City Council had heard.
Casey Copeland, Attorney with Aundrea Stone Hanna, P.L.L.C. stated the remarks he had made
for the last item -were the same for this item as well.
There was brief discussion between Council Member Jones, Greg Van Winkle, Casey Copeland
and City Attorney Kit Williams regarding Mr. Van Winkles' comments on the last item in regard
to having a previous attorney who did not process the initial appeal accurately.
There was brief discussion between Council Member Stafford, Greg Van Winkle and Council
Member Hertzberg regarding the snooze rules for Airbnb listings being able to be set for an allotted
amount of time. Greg Van Winkle stated he had set as snooze limit on his listing and had thought
the process of obtaining the ability to operate his property as a short-term rental would have been
done by the time the snooze limit had ended. Council Member Hertzberg clarified that listings for
short-term rentals needed to be removed from Airbnb completely, not just snoozed.
Council Member Moore moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution failed 2-6. Council Member Bunch and Jones voted
yes. Council Member Turk, Hertzberg, Stafford, Moore, Wiederkehr and Berna voted no.
This resolution failed.
Announcements:
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City Council Meeting Minutes
February 6, 2024
Page 23 of 23
Susan Norton, Chief of Staff stated there would be a blood drive on February 7, 2024 from 9am
to 3pm on Fayetteville Square. She also announced that the Mayor's Environmental Stewardship
Award nominations were being accepted and that the City of Fayetteville's Environmental Action
Committee were taking the nominations until March 1 st
Kara Paxton, City Clerk Treasurer announced that individuals could apply for a Board,
Committee or Commission with a deadline of Friday, February 23,d. She stated the vacancies were
listed on the City of Fayetteville's website.
Cite Council Agenda Session Presentations:
Sales Tax Report - Chief Financial Officer and Energy Report - Environmental Director
City Council Tour: None
Adjournment: 10:02 p.m.
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov