HomeMy WebLinkAbout2024-11-07 - Minutes - City Council Meeting Minutes
November 7, 2024
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City of Fayetteville Arkansas
City Council Meeting
November 7, 2024
A meeting of the Fayetteville City Council was held on November 7, 2024 at 5:30 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Important Message: This meeting will recess after New Business item C.3. The remaining
items will continue at the Special City Council Meeting on Tuesday, November 12, 2024. The
regularly scheduled City Council Agenda Session will follow immediately after.
Mayor Jordan called the meeting to order.
PRESENT: Council Members Robert B. Stafford, D’Andre Jones, Sarah Moore, Mike
Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld
Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan
Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience.
Pledge of Allegiance
Mayor’s Announcements, Proclamations and Recognitions: None
Proposed Agenda Additions:
Lewis Brothers Leasing Company (Land Sale): A resolution to approve a land sale agreement
with Lewis Brothers Leasing Company, Inc. for the sale of approximately 0.057 acres for $100.00.
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 D’Andre Jones
Ward 1 Position 2
Council Member Sarah Moore
Ward 2 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
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Council Member Wiederkehr moved to suspend the rules and add the Lewis Brothers
Leasing Company (Land Sale) item to the agenda. Council Member Berna seconded the
motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the resolution.
Jonathan Curth, Development Services Director gave a brief description of the resolution. He
stated the land served no public good, which was staff’s original rationale for supporting the
request. He then went on to explain how staff had performed the required notification of the item
which included advertising it in a local newspaper and posting a sign on the property.
Suzanne Clark, Attorney with Clark Law Firm PLLC stated she would appreciate approval of the
request and for the Mayor to execute the land sale agreement.
Council Member Berna moved to approve the resolution. Council Member Stafford
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 261-24 as recorded in the office of the City Clerk
City Council Meeting Presentations, Reports, and Discussion Items:
Monthly Financial Report and Sales Tax Report - Chief Financial Officer
Paul Becker, Chief Financial Officer gave a brief description of the Monthly Financial Report.
He stated sales tax was down to budget roughly 13% for the month of September, which put the
City down 6% for the year to date, but up 1.8% compared to the prior year. He then went on to
speak of the percentages in the other funds. He stated street revenue was down 3%, Parking fees
were down 7% and then went on to speak of how he expected Parks Development to be positive
by the end of the year. He stated water and sewer revenues were flat compared to budget and
recycling and trash collection was down 1%. He then went on to speak of the Airport and of how
flights were down 2%, but sales were up 2.3%.
Consent:
Agar, LLC. (Service Contract): A resolution to award RFP 24-12 and authorize a contract with
Agar LLC in the amount of $84,882.00 for the curation and installation of the West Avenue
Parking Garage mural.
Resolution 262-24 as recorded in the office of the City Clerk
Deadhorse Mountain Road (Master Plan Approval): A resolution to approve and adopt a
master plan for 220 acres on Deadhorse Mountain Road.
Resolution 263-24 as recorded in the office of the City Clerk
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Area Agency on Aging of Northwest Arkansas (Lease Agreement): A resolution to approve a
lease agreement with the Area Agency on Aging of Northwest Arkansas through December 31,
2025 for the Walker Park Senior Activity and Wellness Center in the amount of $1.00 per year,
with an automatic renewal for seven additional one year terms.
Resolution 264-24 as recorded in the office of the City Clerk
Environmental Consulting Operations, Inc. (Service Agreement): A resolution to approve
Amendment No. 11 to the contract with Environmental Consulting Operations, Inc. in the amount
of $68,000.00 for wetlands mitigation site monitoring and management in 2025.
Resolution 265-24 as recorded in the office of the City Clerk
Nec, Inc. (Service Contract): A resolution to award Bid #24-43 and authorize a contract with
Nec, Inc. in the amount of $155,903.50 for the Salem Road ADA Improvements Project, and to
approve a project contingency in the amount of $20,000.00.
Resolution 266-24 as recorded in the office of the City Clerk
Steelworx Industrial Group, LLC. (Service Contract): A resolution to award Bid #24-39 and
authorize a contract with Steelworx Industrial Group, LLC, in the amount of $554,956.00 for the
construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, to approve
a project contingency in the amount of $60,000.00, and to approve a budget adjustment – 2019
Drainage Bond Program.
Resolution 267-24 as recorded in the office of the City Clerk
Fayetteville Warehouse Partners, LLC. (Land Purchase): A resolution to authorize the
purchase of property located on North Gregg Avenue owned by Fayetteville Warehouse Partners,
LLC for the amount of $261,473.00, plus $10,000.00 for closing costs, and to approve a budget
adjustment – 2019 Street Improvement Bond Project.
Resolution 268-24 as recorded in the office of the City Clerk
Railroad Crossing Elimination Study (Cost Share Agreement): A resolution to approve a cost
share agreement with the City of Springdale in the total amount of $144,000.00 for the Railroad
Crossing Elimination Study, of which $62,400.00 will be the City of Fayetteville’s responsibility.
Resolution 269-24 as recorded in the office of the City Clerk
McClelland Consulting Engineers, Inc. (Contract Amendment): A resolution to approve
Amendment No. 1 to the Engineering Services Agreement with McClelland Consulting Engineers
in the amount of $101,682.00 to include construction phase and additional design services, and to
approve a budget adjustment.
Resolution 270-24 as recorded in the office of the City Clerk
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Fayetteville Fire Department Administrative Policy (Adoption): A resolution to approve and
adopt the Fayetteville Fire Department External Agency Relations Policy.
Resolution 271-24 as recorded in the office of the City Clerk
4th Judicial District Drug Task Force (Grant Acceptance): A resolution to authorize
acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the
Fourth Judicial District Drug Task Force in the amount of $533,067.00, to authorize Mayor Jordan
to sign all necessary documents to receive the grant funds, and to approve a budget adjustment.
This item was pulled from the Consent Agenda for further discussion.
2025 Selective Traffic Enforcement Project (Grant Acceptance): A resolution to authorize
acceptance of a 2025 Selective Traffic Enforcement Project Grant Award in the amount of
$40,600.00, and to approve a budget adjustment.
Resolution 272-24 as recorded in the office of the City Clerk
Council Member Turk moved to accept the Consent Agenda as read. Council Member Jones
seconded the motion. Upon roll call the motion passed unanimously.
4th Judicial District Drug Task Force (Grant Acceptance): A resolution to authorize
acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the
Fourth Judicial District Drug Task Force in the amount of $533,067.00, to authorize Mayor Jordan
to sign all necessary documents to receive the grant funds, and to approve a budget adjustment.
Council Member Moore spoke of how she felt that putting punitive measures in place increased
harm that happened within the community and would therefore be unsupportive of the item.
Council Member Jones requested that Police Chief Mike Reynolds come forward and speak to
the work the 4th Judicial District Drug Task Force had done in making Fayetteville safer.
Police Chief Mike Reynolds stated that from July 1, 2023 through June 30, 2024, the 4th Judicial
District Drug Task Force had seized approximately 40 pounds of methamphetamine, 10 pounds of
cocaine, 37 grams of heroin, 11,500 fentanyl pills, 72 guns and had disrupted 23 different drug
trafficking organizations.
Council Member Jones acknowledged how the task force had not only addressed drugs, but had
also addressed guns and trafficking, which were very impactful and harmful to the community.
Police Chief Mike Reynolds stated he respected Council Member Moore’s opinion and went on
to speak of how he was open to any type of resource that the state, community or the City Council
would provide to the Police Department.
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Council Member Jones spoke of his experience working at Northwest and seeing the Police
Department bring in individuals to the hospital for treatment, as opposed to putting them in jail.
He felt it was important that the community understand how the work the Police Department was
doing helped to keep Fayetteville safe. He requested Police Chief Mike Reynolds elaborate on the
collaboration between the Police Department and Northwest Arkansas Harm Reduction.
Police Chief Mike Reynolds stated the City Council had approved a Crisis Intervention Response
Team and went on to speak of that collaboration. He then explained how the Police Department
utilized different resources, such as harm reduction.
Council Member Jones spoke of how there was always room for improvement, but he believed
the Police Department was meeting the citizens where they were and had always been open to
additional help and feedback.
Police Chief Mike Reynolds stated the Police Department was always looking for resources to
help citizens, such as the Drug Court and the Mental Health Court.
There was then a brief discussion between Police Chief Mike Reynolds and Council Member Jones
regarding the statistics of how many individuals the Police Department had helped opposed to
arrested.
Council Member Stafford thanked the Police Department for their work.
Mayor Jordan requested that Police Chief Mike Reynolds run through the list of what had been
seized by the 4th Judicial District Drug Task Force. Police Chief Mike Reynolds repeated what he
had listed earlier. Mayor Jordan thanked the Police Department for their work.
Council Member Jones briefly spoke of the seriousness around fentanyl and how he believed the
City needed to work with the Police Department in a collaborative effort to allow them to have the
resources needed to help citizens. He thanked Police Chief Mike Reynolds for his work and for
being proactive in recognizing the mental health issues that incarcerated individuals were facing.
Police Chief Mike Reynolds reminded the City Council that all uniformed officers, as well as
school resource officers, carried Narcan to fight the battle of fentanyl overdoses. He stated the
Police Department averaged a save a week in the community and was proud of the work they did.
Council Member Wiederkehr moved to approve the resolution. Council Member Berna
seconded the motion. Upon roll call the resolution passed 7-1. Council Member Hertzberg,
Stafford, Jones, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Moore
voted no.
Resolution 273-24 as recorded in the office of the City Clerk
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Unfinished Business:
Urban Forestry Management Plan (Approval): A resolution to approve and adopt the Urban
Forestry Management Plan. Contact the Office of the City Clerk Treasurer for agenda item history
from February 2, 2024 to October 1, 2024. At the October 1, 2024 City Council Meeting this
resolution was tabled to the November 7, 2024 City Council Meeting.
John Scott, Urban Forester stated he had a presentation ready for the City Council.
Council Member Turk stated that at Agenda Session, it had been asked for the item to be tabled.
She would prefer the presentation wait until the item was heard again at a future meeting.
Council Member Stafford agreed with Council Member Turk. He would like to table the item
until the December 3, 2024 City Council Meeting.
Council Member Turk moved to table the resolution to the December 3, 2024 City Council
Meeting. Council Member Moore seconded the motion. Upon roll call the motion passed
unanimously.
The December 3, 2024 City Council Meeting was later changed due to the coinciding run-off
election. The December 3, 2024 City Council Meeting will be held on December 5, 2024. (This
date was later changed to December 4, 2024)
Ordinance to Amend § 161.36 Urban Corridor: An ordinance to amend § 161.36 Urban
Corridor by enacting a new (H) Protections for single-family zoned districts to provide the same
protections for adjoining single family residential districts as currently required for Urban
Thoroughfare and all multi-family districts. At the October 1, 2024 City Council Meeting this
ordinance was left on the first reading. At the October 15, 2024 City Council Meeting this
ordinance was left on the second reading.
Council Member Turk briefly spoke of how she would like to table the ordinance indefinitely.
City Attorney Kit Williams stated Council Member Turk could move to table the ordinance
indefinitely, and if it was not brought back by the City Council prior to December 31st it would
automatically die.
Council Member Turk moved to table the ordinance indefinitely. Council Member Stafford
seconded the motion. Upon roll call the motion passed unanimously.
This ordinance was tabled indefinitely.
Ordinance to Amend § 161.36 Urban Corridor (Enacting Use Unit 38 Mini-Storage Units as
a Conditional Use): An ordinance to amend § 161.36 Urban Corridor by enacting Use Unit 38
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mini-storage units as a conditional use for Urban Corridor in Section (B) (2). At the October 15,
2024 City Council Meeting this ordinance was left on the first reading.
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 stated he had brought the amendment forward due to concerns from a
citizen. He then spoke of how he believed it would be realistic to add mini storages as a conditional
use permit in the Urban Corridor zoning district due to the push for housing.
Council Member Stafford stated he had received comments from the public in favor of the
request and then went on to describe how storage lockers could be put inside of a large building,
which could be removed and used for other purposes later on. He did not believe storage units
were high traffic and would be in support of the request.
The City Council received 2 public comments regarding this ordinance.
Council Member Stafford stated he would be open to leaving the ordinance on its current reading
to have further discussion with staff on adding conditions to the amendment.
Council Member Berna stated his amendment had come forward due to a citizen having a piece
of property that had below grade access to the back side of a building that the citizen had planned
to consider using for climate controlled storage.
Council Member Turk stated she would like to hold the ordinance on its current reading so the
City Council could give more consideration to how the use might fit into the vision for the Urban
Corridor zoning district.
Council Member Moore believed there had been many good points made around the request, but
she wanted to remind the City Council of the investment that had been made into the Urban
Corridor and making it an area with high density. She had concerns about using the area for storage
instead of using it for more housing and commerce. She acknowledged Vision Zero plan that
worked toward reducing vehicular use and spoke of how there would be individuals driving to the
storage units instead of walking.
Council Member Berna stated he would hold the item on its current reading and continue working
with staff on amendments.
Council Member Stafford stated that if the request was done right, it would actually be a
reduction in traffic not an increase. He spoke of how people would be living in apartments and
would need space to store their items close to them.
This ordinance was left on the Second Reading.
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T-Hangar (Revised Lease & Rate Increase): A resolution to approve a revised t-hangar lease
format updating terms and conditions, increasing rent for 2025 by 15%, and adopting a yearly 3%
inflation adjustment beginning in 2026, and to authorize Mayor Jordan to sign the t-hangar leases.
At the October 15, 2024 City Council Meeting this resolution was tabled to the November 7, 2024
City Council Meeting.
Chris Brown, Public Works Director stated that after tabling the item and meeting with the Airport
Board to discuss the request further, there was now a revised lease agreement that clarified that
rent would increase by 15% in 2025 and every year thereafter throughout 2029, at which point no
more increases would occur until it was reviewed by the City of Fayetteville.
Council Member Turk questioned if the T-Hangar leases were only monthly or if they could be
yearly as well.
Chris Brown stated the leases were month to month and deferred to the financial division to
elaborate on that further.
Steven Dotson, Deputy Chief Financial Officer stated the leases for the t-hangars had been
monthly for the last ten years, and staff would prefer to leave those as they currently were. He then
went on to describe how if the City switched to long term leases, the end result would mean
acquiring additional staff for the airport and the Accounting department and additional ongoing
yearly costs for audit expenses.
Council Member Turk stated that if she were a lessee, she would prefer a more stable lease and
was surprised they were only monthly. She questioned if the additional staff and charges Steven
Dotson mentioned were required by a state or federal law.
Steven Dotson answered yes and stated the Governmental Accounting Standards Board would
require that.
Council Member Turk questioned if the Airport Board had opinions regarding the monthly
leases.
Chris Brown stated Dr. Charles Wallace, a member of the Airport Board, was present and could
speak to that further. He then went on to speak of how the City had 81 t-hangars at the Airport,
and that they were all full, and that the City had not ever terminated anyone’s lease for anything
other that not meeting the minimum standards within said lease.
City Attorney Kit Williams explained how from a legal point of view, it would put the City in a
much better situation to leave the leases as monthly, so the City would not have to file termination
and eviction for anyone that caused issues.
Council Member Bunch questioned what constituted a long term lease.
Steven Dotson stated that for the City, anything beyond a year was considered a long term lease.
He then noted that having the 30 day notice was one of the main provisions for the City to have
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the ability to manage the leases as they currently were. He then reiterated that this was how the
City had been managing leases at the Airport for at least 10 years and noted that there was a long
wait list of people awaiting to get a t-hangar lease.
Council Member Stafford thanked Council Member Turk and Bunch for their questions. He
acknowledged that the finance department held firm to having the monthly leases. He thanked City
staff, the finance department and the Airport Board for coming together and having a productive
meeting. He believed they came to a great position and developed a greater understanding between
the Airport Board and staff.”
The City Council received 2 public comments regarding this resolution.
Council Member Stafford spoke of the ongoing maintenance issues at the Airport and was glad
to see that See Click Fix had been implemented to help address those issues.
Chris Brown answered yes, See Click Fix was live and that if anyone had issues, they could let
the City know through that program.
Council Member Stafford spoke of the maintenance issues and that if the See Click Fix program
did not help with that, he hoped it could be readdressed in the future.
There was then a brief discussion between Council Member Stafford and City Attorney Kit
Williams regarding a concern that had been brought up during the public comment period. They
then discussed the monthly leases again.
Council Member Turk requested that in the next six months, the City Council receive a report
from the Airport Director regarding the maintenance issues at the Airport and whether people were
using See Click Fix. She also wanted information on if having a long term lease affected grant
opportunities for the Airport.
Council Member Wiederkehr stated he could see staff’s justification for the monthly lease terms
and then went on to speak of how there were costs associated with repairs and maintenance at the
Airport. He would hate to hold up the resolution further and believed everyone was in agreement
that the rent increases were justified and appropriate, he would prefer to pass the resolution so it
could become affective in January. He stated the City Council could look at the possibility of
reverting some leases to long term later on and pursuing future grants.
Council Member Wiederkehr moved to approve the resolution. Council Member Moore
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 274-24 as recorded in the office of the City Clerk
First Repair, Inc. (Service Contract): Resolution approving a contract with First Repair, Inc. of
Evanston, Illinois to train Fayetteville leaders to repair harm done to African Americans in
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Fayetteville. At the October 15, 2024 City Council Meeting this resolution was tabled to the
November 7, 2024 City Council Meeting.
Council Member Jones stated he had sent out an amended version of the resolution to staff that
changed the resolutions original commitment language to now read as expressing intent.
Council Member Jones moved to amend the language of the resolution to ‘expressing intent.’
Council Member Moore seconded the motion. Upon roll call the motion passed unanimously.
Lowell, Member of First Repair, Inc gave a brief presentation of the request. He addressed
concerns the City Council had had when this item had first been brought forward. He went on to
speak of how First Repair was a national organization that trained leaders to repair harm done to
African Americans, and that they were currently working with 29 cities.
Dustin McGowan, Associate Pastor at Genesis Church spoke briefly on the resolution and of how
racism had been declared a public health crisis and how the negative effects of that crisis had
affected the community. He encouraged the City to make the intentional steps toward progress and
being proactive to where the City could overcome the issue and see restoration.
Council Member Stafford thanked the presenters and hoped everyone could get on board with
the request. He recognized that the City Council would be using their travel budgets that already
existed to go to the training. He would be in support.
Council Member Turk stated she had concerns with directing staff and City Council members to
a specific company and wondered if there could be legal implications due to it being a sole source.
City Attorney Kit Williams explained that it was not causing any legal problems due to the
resolution being a statement of intent, which was not really enforceable. He then went on to explain
how the City Council could attend the trainings with their travel and training budget.
Council Member Moore thanked Council Member Jones, Dustin and Lowell for their work and
time. She spoke of how the City Council had made a declaration that racism was a public health
crisis, and she looked forward to approving the resolution tonight. She encouraged the City
Council and staff to attend because she felt it would take many people on a path of healing.
Mayor Jordan opened the floor to public comment and then closed the floor once no one came
forward to speak. A member of the audience then came forward to speak, and Council Member
Moore stated she would like to reopen the floor for public comment for the individual to speak.
The City Council received 2 public comments on this resolution.
Council Member Jones thanked Lowell and Dustin. He recalled when racism had been declared
a public health crisis and how it had passed unanimously at the City Council. He acknowledged
how the City had done a lot of things other communities had not done, but that more could always
be accomplished. He believed the resolution was a step in the right direction and briefly spoke of
how racism impacted everyone. He then spoke of how he felt as though the conversation tonight
around the topic had shifted from how it had went when the item had first been brought forward.
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Council Member Turk clarified that her hesitancy on the resolution was not the training itself, it
was the payment method and ensuring the City was following all local, state and federal
regulations. She believed that everyone wanted to heal, and recognized this was an ongoing issue
that needed to be repaired.
There was a brief discussion regarding how the City Council could use their travel and training
budget to attend the training, and if staff wanted to go and the Mayor felt it was relevant and good
for the staff, they would go as well.
Council Member Hertzberg stated she still had concerns about the organization due to the lawsuit
within Evanston, Illinois, so she would not be in support of the resolution.
Council Member Bunch noted that she had difficulties when reviewing First Repairs website to
review the different cities they were participating with. She still had concerns; however, she felt a
lot of those concerns had now been alleviated.
Council Member Berna noted that it seemed to be implied that those who had concerns regarding
the resolution had not felt the need to move forward as a community, and he did not feel that was
the case. He had concerns due to the organization being brought forward without additional
research and due diligence being done and would not be in support due to those concerns.
Mayor Jordan stated that there was a travel budget that could be used any way the City Council
wished to use it. He stated he was interested in the topic and would probably use his travel and
training budget to attend the training that had been offered. He believed it was important for the
City Council to use their travel budget to learn.
Council Member Wiederkehr spoke of how he had attended 10 of the 12 DEI training sessions
through the University Ideals Institute and believed training was important. He stated that any
concerns he had had regarding the resolution were now removed, and he would be in support.
Council Member Jones stated he had not implied that anyone on the City Council didn’t want to
do anything and was unsure of where that had come from.
Council Member Stafford stated he had concerns about concerns expressed and then spoke of
the concerns he had regarding the City spending funds for bocce ball and horseshoes that could
have been spent elsewhere. He then listed other things the City spent funds towards. He stated the
resolution was costing the City nothing other than their own already approved travel budget.
Council Member Bunch acknowledged Council Member Stafford’s comments regarding bocce
ball and horseshoes by speaking of how those funds were for public recreation resources that
served many low income families, which she felt was an investment. She then went on to speak of
how she had no issues with supporting the current resolution.
Council Member Moore moved to approve the resolution. Council Member Stafford
seconded the motion. Upon roll call the resolution passed 6-2. Council Member Stafford,
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Jones, Moore, Wiederkehr, Bunch and Turk voted yes. Council Member Hertzberg and
Berna voted no.
Resolution 275-24 as recorded in the office of the City Clerk
New Business:
Appeal: Large Scale Development-2024-0011: (Southeast of S. Nelson Hackett Blvd & E.
South St./Urban Lofts at Nelson Hackett, 523): A resolution to grant the appeal of City Council
Member D’Andre Jones and deny Large Scale Development application LSD-2024-0011.
Jonathan Curth, Development Services Director gave a brief description of the resolution. He
then went on to speak of the four variances that had been requested, all of which staff had
supported. He stated the request was for a 138 unit development, with 120 total vehicle spaces and
17 bike racks. He stated the request was heard at the August 12, 2024 Planning Commission
meeting with originally six variances requested, which the Planning Commission had denied. The
developer then modified the request, and the Planning Commission reconsidered it at their August
26, 2024 meeting and tabled it due to the amount of public interest that had been received. The
amended item was then heard at the September 23, 2024 Planning Commission meeting, staff
recommended approval of the request, and the Planning Commission ultimately approved the item
by a vote of eight to one. He noted there had been a lot of public comment received on the request,
both in favor and against, with concerns expressed around parking and the existing street system
being unable to accommodate the development. He then displayed an exhibit that referenced the
slope on the property as well as information regarding traffic accidents in the area, with 16
documented accidents in the last five years, and only one documented accident in 2024. He
referenced the City Council tour that had taken place on the property and how members of the tour
had discussed the potential for a parking district to be created in the area, and how that would be
something the City Council would have to consider and establish.
Kara McElyea, Principal Architect with Arch and Craft Design gave a brief presentation on the
appeal. She stated their parking was at 90% ratio of 120 parking spaces for 138 residents, which
did not count the bike racks. She then went on to speak of how they had monitored their other
projects in various cities to better understand the need for parking on this project, and how this
project was designed to attract residents that prioritized alternative transportation. She briefly
spoke of Ozark Regional Transit and how they would provide on demand service for the residents
of the development until bus stops were established near the property. She then briefly spoke of
the project and how it aligned with the City’s goals of reducing reliance on cars and promoting
sustainable living. She noted Parker Sitton, VP of Real Estate and Property Management for Urban
Lofts, Chase Hendricks, Civic Engineer with Development Consultants Incorporated and Andrew
Burner, Developer and Managing Partner of Urban Lofts were present to answer any questions.
Nathan Becknell, Principal with Traffic Engineering Consultants, Inc stated he had reviewed the
development and that it had met all the typical traffic analysis requirements for its size and spoke
of how the developer was doing all the standard traffic calming and safety measures necessary. He
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stated it was not his opinion that the proposed development would create or compound a dangerous
traffic condition.
Alan Osner, Neighborhood Representative at 312 South Block Avenue gave a brief presentation
on the appeal. He stated the neighbors were in favor of density and were not against the project
but were only in favor of 40-60 units per acre, instead of the 100 units per acre that was currently
being proposed. He then went on to describe their concerns regarding parking, the variances that
were being requested, the nearby streets potentially becoming too crowded and creating safety
issues and the storm water drainage issues already in the area. He then stated the neighbors were
in favor of a project with density but requested that the project support itself with parking
infrastructure. He went on to invite the developer to have a neighborhood meeting to work through
the issues that had been spoken about.
There was a brief discussion between Council Member Jones and Jonathan Curth regarding how
the project was not in compliance with City ordinances unless the variances were approved.
Council Member Stafford briefly spoke of the amount of emails and phone calls he had received
on the request, some of which had been members from the neighborhood that were in favor of the
proposal. He was surprised that the developers and neighbors had not already had a meeting
together, and he would like for them to get together and make it work because he believed the City
needed this type of housing that was being offered. He understood the concerns that had been
expressed but did not have the same degree of that concern and did not feel as though parking was
going to be as much of an issue as had been discussed. He would prefer to hear from the Fire
Department regarding the street widths near the development.
Jeremy Ashley, Fire Marshall briefly spoke of how if a street was 20 foot wide, it met fire code,
and so there were no comments from the Fire Department regarding that concern. He then spoke
of how he believed the developer planned to widen the street on their property to accommodate on
street parking.
Council Member Stafford briefly spoke of how people currently parked on Fourth Street, which
was east of the project, and questioned if that street was wide enough to accommodate that parking.
Jeremy Ashley stated that if the street was 20 foot in width and parking was going on, it would
be illegal. He clarified that if a road was 26 feet wide, it could have parking on one side.
Council Member Stafford questioned if a Parking District could be requested by the neighbors
in the area to protect the parking outside of their houses.
There was then a brief discussion between Council Member Stafford and Jonathan Curth regarding
the potential of a parking district being requested by the neighbors to protect the parking outside
of their homes.
Council Member Stafford requested to have additional information on the street widths of
Fourth, Fifth, Block and Southeast Avenue if the item were to be tabled tonight. He then spoke of
how it had been mentioned that there were 100 parking spaces on the streets, with only 30 of them
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being used, which would provide an extra 70 spots for parking. He believed the parking that was
needed for the extra cars from the development was there already.
Council Member Wiederkehr requested that staff provide information on the improvements that
the project was required to make.
Jonathan Curth gave a brief description of the improvements the project planned to make; all
four frontages of the project were proposed to be improved and have on street parking, the project
was proposing to capture storm water drainage and store it underground before gradually allowing
it into the City’s stormwater system and there was a proposal to install a new storm water box for
the northeast corner of the property where there were drainage issues occurring. He then explained
how the project was not required to make any offsite improvements to the water and sewer side of
things, due to there being no capacity concerns.
Council Member Bunch referenced the potential slip plane and where it would come back onto
Nelson Hackett Boulevard. She questioned how far from the traffic light that was.
Jonathan Curth stated there was approximately 40 to 60 feet between where the slip lane ended
and where the traffic signal was.
Council Member Bunch questioned how much Block Street was going to be widened.
Jonathan Curth stated he did not have that exact number, and went on to describe how the project
would be providing a 10 foot drive lane, an eight foot parallel parking lane, curb, gutter, furniture
zone and then an eight foot sidewalk.
Council Member Bunch questioned how wide Block Street currently was.
Jonathan Curth stated the streets width varied, with some areas being 20 feet wide and other
ranging upwards of 25 feet wide.
Council Member Bunch spoke of how there were probably people already parking illegally in
the area unknowingly due to the street widths.
Council Member Turk spoke of how some of the parking spots that had been counted for earlier
now appeared to possibly be illegal. She wondered if the Fire Department could go back into the
area and measure the streets so the City Council could get an accurate count of what legally existed
there for parking. She also hoped the neighborhood and the developers could have a meeting
together to discuss the project.
Council Member Moore hoped for additional details on the parking management plan that had
been referenced as well as information on the elevation on the site and who would be maintaining
it.
Parker Sitton, VP of Real Estate and Property Management for The Urban Loft Co. stated he had
copies of the parking plan he could pass around to the City Council. He then went on to explain
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how the elevation area that Council Member Moore had referenced was the courtyard and spoke
of how it would enhance walkability and resident interaction. He stated they would be maintaining
that area. He stated that if the City Council would allow him additional time, he could go over the
specifics of the parking plan.
There was a brief discussion between Council Member Moore and Mayor Jordan regarding how
long they would allow Parker Sitton to present. Council Member Moore stated she would like him
to answer the questions she had asked as well as go through his parking management plan. It was
decided to allow him ten minutes to present.
Parker Sitton spoke of the parking data they had gathered from their two similar projects in
Jonesboro, Arkansas. He stated they wanted to encourage car free living and provide rent reduction
incentives for those who did not own a vehicle. He then went on to speak of public transit
integration and how they hoped to work with Ozark Regional Transit to establish onsite pickup
zones and potential plans to reimburse residents for monthly on demand service through Ozark
Regional Transit. He stated the site would also have ride share and delivery zones marked for Uber
and Lyft drivers. He spoke of the nearby neighborhood and how they hoped to contribute to that
neighborhood and its growth. He stated they would have active monitoring and enforcement on
where vehicles parked and were willing to include in the lease agreement language that tenants
would be prohibited from on street neighborhood parking. He stated that in case of emergencies,
there could be the potential for tenants to rent spots from the Town Center parking deck. He then
went on to speak of visitor parking spaces and how they believed they could manage and designate
visitor parking spots. He stated they planned to be flexible as issues arose to make sure they were
good neighbors.
Council Member Turk questioned if they implemented the same parking standards in Jonesboro.
Parker Sitton, “Yes, ma'am.
Council Member Turk questioned if they had met with the community before building the
development in Jonesboro.
Parker Sitton stated that one of their buildings had shared parking with nearby businesses and
that there were discussion around that aspect in terms of community engagement.
Council Member Turk questioned if the property in Jonesboro had received any complaints.
Parker Sitton stated they had not received any complaints. He then went on to give a brief
description of the two properties in Jonesboro, Arkansas.
Council Member Turk spoke of how Jonesboro was relatively flat land, whereas Fayetteville had
topographic challenges. She questioned if the two properties in Jonesboro were on flat land.
Parker Sitton stated he was not the right person to ask that question, but he could get a member
of his team up to speak on it. He believed there was elevation on some of the buildings.
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Council Member Stafford referenced the topic of utilizing the Town Center parking. He
questioned if that was the same parking deck that was utilized for event space and if the City owned
the building.
City Attorney Kit Williams stated the City owned the parking deck and leased it to the Town
Center. He then mentioned how there were City employees that used the parking deck as well.
Council Member Stafford briefly spoke of how the parking deck was full a lot of times.
Parker Sitton stated that Jusin Clay, the City’s Parking Manager, had assured them there were
ample parking spots available to rent if necessary.
Council Member Stafford questioned how many spots they would rent.
Parker Sitton stated they were already decently parked, but in a worst case scenario, there would
not be many vehicles parking at the Town Center parking deck.
The City Council received 23 public comments regarding this resolution.
Council Member Berna briefly spoke of how the City needed additional housing and of how the
neighbors recognized that need and were not against density. He then went on to explain how the
City Council was restricted on what they could consider, and how a lot of the concerns mentioned
tonight were not things they could take into consideration. He believed the one thing the City
Council could seriously take into consideration was the displacement of on street parking and
whether that created a potential traffic issue.
Mayor Jordan requested that Jonathan Curth pull up a display of the slope on the property.
Council Member Moore thanked the members in the community who had spoken and the
development team. She then briefly spoke of how it was essential to provide housing for future
generations and how the project would provide individuals with the opportunity to have a certain
lifestyle that was close to downtown and amenities. She then spoke of how she knew individuals
who could benefit from having a place like this to live. She acknowledged there were infrastructure
needs that had been ongoing in the City as a whole, but there were also residents that were begging
for the City Council to provide them with housing and opportunities to stay in the community. She
noted that the property had been zoned Downtown General for many years, and that the City did
not always get thoughtful projects coming forward. She had concerns that turning away individuals
who were bringing forth something thoughtful to honor Fayetteville and its strategic priorities
would only bring forth projects no one would like in the future. She felt as though the project had
tried to be responsive and address the concerns that had been expressed, and she was unsure of
anyway the City Council could not support the project if the City was striving for equity in
Fayetteville and in making a place for everyone. She would not be supportive of the appeal and
believed the project should move forward.
Council Member Stafford stated he had heard concerns regarding students and transients living
in the development and stated he was not legally allowed to discriminate who lived where and that
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everyone needed housing. He then went on to speak of how Fayetteville needed the additional
housing. He questioned if the $1,200 in rent that was brought up during public comment was
accurate.
Parker Sitton stated they had not yet dictated the final rent yet for the units, but $1,200 was not
quite off the mark. He then spoke of how they had already reduced the unit count by 30 units, and
at the market rate of $1,200, that was almost a $500,000 annual loss.
Council Member Stafford spoke of how the property was already zoned a certain way and the
City Council couldn’t make them build less units. He then questioned if the City Council could
deny a variance on the request.
City Attorney Kit Williams, “When the project gets appealed, everything about the project has
been appealed, including variances.
Council Member Stafford, “But I can’t pick out an individual variance and say, we’re scratching
that variance?”
City Attorney Kit Williams stated the City Council could do that.
Council Member Stafford went on to state that taking away a variance would only reduce parking
while the developer would still do the same project, which would only make the parking issue
worse and put more parking pressure on the nearby neighborhood. He then went on to speak of
how parking at the Town Center parking deck would potentially be for the individuals that had a
car but preferred to use alternative methods of transportation. He spoke of how the neighborhood
was in a walkable area close to amenities and Walker Park. He then stated the City had no way
legally to downsize the project and could not request that the developer reduce the number of units.
He then spoke of how the property was zoned for the density that was being built and noted that
the developer had already reduced the units they would be building by 15%. He felt as though the
developer had been proactive in the project and would also be bringing a bus stop to the area and
giving vouchers to tenants for travel. He felt that this was the type of housing needed for
individuals to be close to downtown in Fayetteville. He then went on to explain that his biggest
concern regarding the project had to do with parking in the neighborhood and the widths of the
streets for fire safety. He would advocate for the neighbors to get a parking district and speed
tables. He felt as though this was a good project and that it was not realistic to think the developer
would drop the units down to only 50 houses being built.
There was then a brief discussion between Council Member Stafford and City Attorney Kit
Williams regarding whether the City Council needed data based evidence or if they could just use
opinion on denying a request. City Attorney Kit Williams stated there were six findings the City
Council could base a denial on, and one of those findings that could have subjectivity to it was
whether the request would create or compound a dangerous traffic situation, but it would also still
need facts to show how the intersection was dangerous. He then explained that the persons against
the development would have to show how it was dangerous and how the development would make
the traffic situation worse. Council Member Stafford stated he was willing to table the request to
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give the neighbors additional time to bring that information forward and that if the request went
for a vote tonight, he would be denying the appeal.
Council Member Jones questioned if the developer would be open to scheduling a meeting with
the neighbors to talk about the project.
Parker Sitton stated that one of the members of their development team lived in the neighborhood
and had had conversations with the neighbors. He then went on to speak of how they had already
cut units from the project, and there was no feasible way to reduce it even further.
Council Member Jones questioned if the developer would be open to meeting with the neighbors.
Parker Sitton stated they would absolutely be willing to do that. He then went on to speak of how
the building manager would live onsite throughout the project and that there would always be
someone there as a neighbor to the neighborhood.
Council Member Jones asked again if they would be willing to meet with the neighborhood.
Parker Sitton answered yes again. He then spoke of how the neighborhood would like for the
development to be at 40-60 units, and when it was that far from the amount of 130 units, he felt an
arbitrator was needed, and that was the reason they were at the City Council tonight.
Council Member Jones asked the same question again.
Parker Sitton reiterated yes.
Council Member Jones felt as though Parker Sitton’s response had not been as direct as he would
have liked. He felt it was only fair the neighborhood got the chance to provide input on the project.
Tom Wyatt, Attorney for the Developer stated they were not opposed to a neighborhood meeting,
they only had concerns that if the application were deferred any longer and went until the end of
the calendar year, they had fears their application would be deemed denied.
City Attorney Kit Williams stated that the only items deemed dead on December 31st were those
that were tabled indefinitely by the City Council.
Jonathan Curth explained that if an impact on a project was lessened, it would not have to be
resubmitted, and if the number of units were reduced, the City would tend to allow a project to be
subject to a re review with staff.
Council Member Bunch agreed with Council Member Berna’s comments regarding the only way
the City Council could back the appeal had to do with traffic. She was in favor of the developer
and neighbors holding a meeting, however, the amount of units the neighbors were asking for was
a large difference from what was being requested, and she was unsure if anything could be worked
out regarding that request.
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Council Member Wiederkehr thanked the development team, neighbors and City staff. He
agreed with Council Member Bunch regarding how the City Council was constrained in what they
could vote on tonight. He had concerns regarding water and sewer infrastructure, but that all came
down to City policy, which he could not vote on tonight. He then went into a brief description of
what he would like to see the City consider toward policy changes. He then went on to speak of
how he had tremendous safety concerns regarding the parking spaces along Nelson Hackett
Boulevard, and how this was also a policy issue he would like addressed in the future. He felt that
the project was a model of housing that wasn’t met elsewhere in the City, and was a logical place
to put said housing, but that the City needed to address its code and make changes.
Council Member Moore acknowledged Council Member Bunch’s comments regarding the huge
difference between what the neighborhood wanted and what the development had requested. She
stated there had already been a lot of time spent with the meetings and felt that a lot of things had
already been hashed out, she hoped the item could go to a vote tonight.
Council Member Turk stated that although there was a big gulf between what the two sides
wanted, she believed it would be worthwhile to have the meeting and table the item so that could
happen. She then went on to speak of how she felt it would help everyone if a parking district were
created and get on a fast track pace of doing so. She felt that the City was missing the urban loft
idea with small studio apartments and that it was needed. She agreed with Council Member
Wiederkehr on redoing the policy to address different situations in the future.
Council Member Berna stated that if the item were tabled, he hoped the neighbors and developer
could get together and be laser focused on what items the City Council could take into
consideration on the request so that when it came back to the City Council, a final decision could
be made.
Council Member Stafford agreed with Council Member Turk and Berna.
Mayor Jordan stated that he did not believe the current road could have two cars parked on either
side and a fire truck be able to get through. He also had concerns regarding parking along the main
road, the slip lane and the slope on the property being steep. He had heard from many citizens
expressing concerns with the request and had heard from the neighbors regarding wanting a
meeting with the developer. He believed it would be worth a shot to hold the item so they could
figure something out.
Council Member Turk moved to table the item to the December 17, 2024 City Council meeting
so staff could work on the parking district and the neighbors and developer could have time to
meet.
Council Member Moore questioned what the timeline was for the development team and if
holding the item further would add any additional costs or put anything into jeopardy with the
project.
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Parker Sitton briefly spoke of the timeline of the project and how they were wiling to meet with
the neighbors, however for the feasibility of the project to maintain the units at an acceptable rent
to provide housing for the workforce, there was no leeway for them to reduce the unit count.
Council Member Moore questioned if the City Council could not just vote on the item tonight,
and the developer still meet with the neighborhood and have ongoing conversations with them
around parking management and safety. She did not see how holding the item was going to
accomplish anything significant.
Council Member Berna requested that instead of tabling the item for a month, could it just be
tabled for two weeks, and the City work on the parking district as the construction of the
development happened.
Council Member Turk stated she was open to that friendly amendment; she just didn’t want to
give up the conversation around creating the parking district.
Council Member Stafford briefly spoke of the neighbors and developers having a meeting and
how they could use the time that the item was tabled for to work through the project and their
concerns while the City worked through the possibility of creating a parking district. He believed
the dialog between the developer and neighborhood was important. He would be open to tabling
the request until December 17, 2024.
There was a brief discussion between Council Member Bunch, Jonathan Curth and City Attorney
Kit Williams regarding how it had taken awhile to work on the Wilson Park parking district.
Council Member Bunch was unsure if the City could come up with a parking district in a months’
time and stated that when she had met with the neighbors, she hadn’t felt like they were really
interested in a parking district.
Council Member Turk agreed that the Wilson Park parking district had taken a long time to
create, but it had also been more complicated and felt the parking district for this neighborhood
would be more straightforward.
There was a brief discussion between Council Member Stafford and Chris Brown regarding how
Safe Streets grant the City had received had all been allocated.
Council Member Stafford understood that the parking district would take time but felt that
getting the conversation going and starting to look at it would be a good idea.
Council Member Turk moved to table the resolution to the December 17, 2024 City Council
Meeting. Council Member Stafford seconded the motion. City Attorney Kit Williams stated that
would be tabling the item for a month and ten days from now, and that time was money for
developers. He then mentioned that tabling the item to the December 3, 2024 City Council Meeting
would be three weeks, and surely something could get done by then. Council Member Turk
modified her request to table to the December 3, 2024 City Council Meeting. Council Member
Stafford seconded the motion.
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Council Member Moore questioned if there was an identified goal determined for the
neighborhood and developers to discuss.
Council Member Stafford stated that would be up to the neighbors and developer to determine.
Kara Paxton, City Clerk Treasurer reminded the City Council that there would be a run-off
election held on December 3, 2024. She questioned if the December 3, 2024 City Council meeting
would need to be moved to the Thursday following that date.
Mayor Jordan stated he would prefer to do the meeting on December 5, 2024.
There was a brief discussion amongst the Mayor and Susan Norton regarding when City Council
meetings were rescheduled due to General and Special Elections.
Council Member Stafford motioned to move the December 3, 2024 City Council Meeting to
December 5, 2024 due to the run-off election. Council Member Turk seconded the motion.
Upon roll call the motion passed unanimously. (This meeting date was later changed to
December 4, 2024.)
Council Member Turk moved to amend her previous motion to table the resolution to the
December 5, 2024 City Council Meeting. Council Member Stafford seconded the motion.
Upon roll call the motion passed unanimously. (This meeting date was later changed to
December 4, 2024.)
This resolution was tabled to the 12/05/2024 City Council meeting.
Inframark, LLC. (Service Agreement): A resolution to award RFQ #24-05 and authorize a five
year contract with Inframark, LLC. for wastewater treatment operations, maintenance, and
management services through December 31, 2029, and to approve payment in the amount of
$8,450,000.00 for services provided in 2025.
Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the item had
been presented to the Water and Sewer Solid Waste Committee on October 8, 2024, and had been
forwarded to the City Council with a recommendation of approval.
Council Member Moore briefly spoke of how she had heard there was potential that the staff
from the old contract with Jacobs Engineering would now be moving to the new firm, Inframark.
Tim Nyander clarified that Inframark had spoken with the current Jacobs staff, and that quite a
few had decided to join Inframark in the new contract and would continue working at the
wastewater treatment plants.
Council Member Moore questioned why the decision was made to make the change to the other
company, Inframark, if the same staff would still be staying to do the same work.
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Tim Nyander stated that the City had looked at the culture of the management team and had taken
that into consideration. He then spoke of how the City wanted to do the maximum amount of
treatment at the lowest possible costs, and were therefore interested in the new energy that
Inframark would bring forth.
Council Member Jones stated he had heard concerns from citizens regarding Inframark and their
business dealings in Houston, Texas.
Tim Nyander stated that issue had been addressed with the CEO of Inframark at the September
10, 2024 Water and Sewer Committee Meeting. He also stated the City’s Senior Assistant City
Attorney had gone through the reports on the issue and had not had any major concerns. He noted
Steve Meininger was present and could address the topic.
Steve Meininger, Chief Executive Officer of Inframark stated the opportunity to work with
Fayetteville was very important to them, and that compliance was one of the highest priorities that
Inframark had as a company. He briefly spoke of the facilities in Houston, Texas and their
infrastructure. He stated that Inframark had done a complete investigation around everything that
had been happing at the Houston facilities and had identified that a third party contractor had been
improperly sampling things and was therefore immediately terminated.
Council Member Wiederkehr commended Council Member Turk for her work as the Chair of
the Water and Sewer Committee and the City’s Purchasing Department for the process they had
went through when considering qualifications and making the selection for the contract. He
believed Jacobs was a credible company and had done a great job but felt that it was logical for
organizations to change operators over time to ensure processes were looked at as time went on.
He felt that the most important change in the contract had been the pricing, where there was now
a guarantee for the rate payers of the City of Fayetteville that the operator had not incentive for
time and materials used to expand the money of the contract.
Council Member Berna echoed Council Member Wiederkehr’s comments. He requested Senior
Assistant City Attorney Blake Pennington come forth to speak to the lawsuit topic.
Senior Assistant City Attorney Blake Pennington stated he had pulled every available public
record that he could find on the topic from both the EPA and the Texas Commission on
Environmental Quality and had provided said records to Tim Nyander for review. He then prepared
a draft of the report and felt that the City Council had had a complete picture of what had occurred
in Houstin and Pasadena Texas.
Council Member Berna moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution passed unanimously.
Resolution 276-24 as recorded in the office of the City Clerk
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Fayetteville Police Department Policies (Adoption): A resolution to approve amendments to
Fayetteville Police Department Policies. At the October 29, 2024 City Council Agenda Session,
the City Council expressed intent to recess the November 7, 2024 City Council Meeting after this
item has been heard. The meeting will resume on November 12, 2024 at 4:30 p.m.
Tim Shepard, Police Captain gave a brief description of the resolution.
Council Member Moore stated she had concerns around some language in the policy that made
it very definitive that if a child were being accused of something, it sounded as though they were
fully convicted or found guilty of the alleged occurrence and was appreciative that that had been
updated. She wanted to ensure that the interactions children were having were safe and that they
were protected as much as possible. She referenced page three, under number three, that talked
about encountering youth and officers using whatever was the least coercive among reasonable
alternatives. She requested clarification on that language.
Tim Shepard stated that language mirrored exactly the CALEA Accreditation Series and
explained that the language meant the officers would take the least punitive action out of those
available options, so long as they were reasonable.
Council Member Moore stated in the same section of the policy, it talked about a child who had
committed a delinquent act, and believed the word allegedly would be appropriate there.
Tim Shepard stated that had been added to the language in the new version of the policy.
Council Member Moore stated that on page three under number five, she requested clarification
around how the officers were interacting when a non-custodial interview took place and if that was
voluntary.
Tim Shepard referenced page one, under definitions non-custodial interview had a definition
assigned, and that it was a voluntary encounter where they were free to leave. He then went on to
explain how the Police Department was trying to merge all their different directives into this one
policy to make it easier for officers to find information quickly.
Council Member Moore stated that under seven, taking a juvenile into custody with or without a
warrant, she requested clarification on the expected timeframe that a parent or legal guardian
would be contacted.
Tim Shepard stated that most of the time, the parents and guardians were notified very quickly,
because there were many processes the Police Department could not do without the guardian
present. He stated that from the time a juvenile was arrested, the officers had six hours to get them
to a juvenile facility. He referenced Section F of the policy and how it stated the officer should
attempt to make contact with parent, reliver, guardian of any juvenile taking into custody and
advising the situation.
Council Member Moore stated it would be helpful to have that information defined more
specifically.
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The City Council received 1 public comment regarding this resolution.
Council Member Berna moved to approve the resolution. Council Member Stafford
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 277-24 as recorded in the office of the City Clerk
Announcements:
Susan Norton, Chief of Staff stated there would be a Budget Workshop scheduled tomorrow
evening at 4:30 pm.
This meeting recessed. The remaining items will continue at the Special City Council Meeting
on Tuesday, November 12, 2024. The regularly scheduled City Council Agenda Session will
follow immediately after.
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A special meeting of the Fayetteville City Council was held on November 12, 2024 at 4:30
p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Important Message: The November 7, 2024 City Council Meeting recessed after Item C.3
was heard. This Special City Council meeting begins at Item C.4 from the November 7, 2024
Final Agenda.
Mayor Jordan called the meeting to order.
PRESENT: Council Members Robert B. Stafford, D’Andre Jones, Sarah Moore, Mike
Wiederkehr, Scott Berna, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City
Attorney Kit Williams, Senior Deputy City Clerk Treasurer Jackson Shelton, Chief of Staff
Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council
Member Bunch arrived at the meeting at 4:33 pm, after roll call had been taken.
Pledge of Allegiance
New Business:
Rezoning-2024-0049: (1893 N. Rupple Rd./Conrad, 361): An ordinance to rezone the property
described in Rezoning Petition RZN 2024-49 for approximately 1.04 acres located at 1893 North
Rupple Road in Ward 4 from RSF-1, Residential Single-Family, One Unit Per Acre to RI-U,
Residential Intermediate-Urban
Mayor Jordan made a brief statement outlining how the special meeting would be carried out.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the ordinance
and conveyed the compatibility criteria as well as the potential issues of the proposed rezoning.
Clint Penzo, Applicant Representative explained the intentions for the property.
Council Member Turk expressed concern that she did not see any neighbors in attendance even
though she had been contacted by many of them. She stated that it was her opinion this rezoning
did not fit the location and would have numerous issues including traffic. She suggested that other
council members drive by and look at the location.
Council Member Moore had questions regarding ingress and egress of vehicles onto Rupple Road
and what different access points on the property looked like.
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Jonathan Curth explained that some of the detail was development level detail, but traffic
considerations were within the City Council’s purview. He stated that the City of Fayetteville code
would require the development to access the lower volume street. He stated that he did not have
the specific proposed access details from the developer.
Council Member Stafford stated he did not have traffic concerns regarding this rezoning and
believed there had been adequate notification made to take a vote at the meeting.
Council Member Turk stated she would vote to move the item to its second reading but asked
that the City Council then table the item because she was concerned the neighbors had been
confused about the start time of the meeting.
Mayor Jordan asked if public notification had been sent out regarding the meeting changes.
Jackson Shelton, Senior Deputy City Clerk Treasurer, “Yes.”
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Stafford seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Bunch asked Council Member Hertzberg if she had heard anything from the
community regarding this rezoning.
Council Member Hertzberg stated she had heard from the community and held the same views
as Council Member Turk.
Council Member Stafford moved to suspend the rules and go to the third and final reading.
Council Member Moore seconded the motion. Upon roll call the motion failed 2-5. Council
Member Stafford and Moore voted yes. Council Member Hertzberg, Wiederkehr, Berna,
Bunch and Turk voted no. Council Member Jones was absent for the vote.
This ordinance was left on the second reading
Vacation-2024-0022: (East Of 111, 123, and 135 S. Paddock Loop/Treetops, 526): An
ordinance to approve VAC-24-22 for property located east of 111, 123, and 135 South Paddock
Loop in Ward 1 to vacate a 0.02 acre portion of general utility easement.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the ordinance
and conveyed historical information and background regarding the vacation request.
Robert Rhoads, Applicant Representative stated the landowners were willing to follow the
proposed conditions of the vacation and he was available for any questions.
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Council Member Turk asked if there was a gas line already in the ground.
Robert Rhoads believed that the gas line was already in place.
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 7-0. Council
Member Hertzberg, Stafford, Moore, Wiederkehr, Berna, Bunch and Turk voted yes.
Council Member Jones was absent for the vote.
City Attorney Kit Williams read the ordinance.
Council Member Berna moved to suspend the rules and go to the third reading. Council
Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council
Member Hertzberg, Stafford, Moore, Wiederkehr, Berna, Bunch and Turk voted yes.
Council Member Jones was absent for the vote.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Member Hertzberg, Stafford, Moore, Wiederkehr, Berna, Bunch and Turk voted
yes. Council Member Jones was absent for the vote.
Ordinance 6801 as Recorded in the office of the City Clerk
Vacation-2024-0018: (314 W. Lafayette St./University Baptist Church, 484): An ordinance to
approve VAC-24-18 for property located at 314 West Lafayette Street in Ward 2 to vacate 0.34
acres of street right-of-way.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the ordinance
and conveyed historical information and background regarding the vacation request.
Shawn Johnson, Applicant Representative stated he was available for any questions.
Council Member Stafford asked Jonathan Curth how buildings were built on easements.
Jonathan Curth explained several different circumstances on how something like this could
happen and told Council Member Stafford that he did not have a specific explanation for this item.
Council Member Moore asked the City Attorney if the City had any recourse on the owner of a
building that is in an easement.
City Attorney Kit Williams stated that there was no good recourse and the mistake that allowed
this to happened could have been made anywhere along the timeline of the building’s creation.
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Council Member Stafford moved to suspend the rules and go to the second reading. Council
Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Moore moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6802 as Recorded in the office of the City Clerk
Vacation-2024-0020: (West End Of W. Treadwell St./Modus Studio, 522): An ordinance to
approve VAC-24-20 for property located at the west end of West Treadwell Street in Ward 2 to
vacate 0.22 acres of street right-of-way.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the ordinance
and conveyed historical information and background regarding the vacation request. He did not
note any issues found with the request.
Council Member Wiederkehr asked Jonathan that a building permit would not occur until a
vacation is issued.
Jonathan Curth explained that an easement plat is the final item before a building permit could
be issued.
Council Member Berna moved to suspend the rules and go to the second reading. Council
Member Stafford seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6803 as Recorded in the office of the City Clerk
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Rezoning-2024-0042: (1055 N. Pollard Ave./Andona, 445): An ordinance to rezone the property
described in Rezoning Petition RZN 2024-42 for approximately 0.84 acres located at 1055 North
Pollard Avenue in Ward 2 from R-O, Residential Office and NC, Neighborhood Conservation, to
NS-G, Neighborhood Services-General.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the request and
conveyed the compatibility criteria as well as the potential issues of the proposed rezoning.
Andrea Fournet, Applicant Representative believed that the rezoning was the best use for the
property. She was available for questions.
Council Member Turk asked if the exit would be on Pollard.
Jonathan Curth agreed.
Council Member Stafford 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 Stafford 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.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6804 as Recorded in the office of the City Clerk
Rezoning-2024-0043: (1236 W. Mt. Comfort Rd./Schwarting, 404): An ordinance to rezone the
property described in Rezoning Petition RZN 2024-43 for approximately 0.30 acres located at
1236 West Mount Comfort Road in Ward 2 from RSF-4, Residential Single-Family, Four Units
Per Acre, to RI-U, Residential Intermediate-Urban.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the request and
conveyed the compatibility criteria as well as the potential issues of the proposed rezoning. He
identified the transitional nature of the location of this property regarding the surrounding zoning.
He briefly touched on a potential sewer capacity issue with this location but could not say for
certain without development plans.
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Skyler Schwarting, Applicant Representative touched upon the 2040 long range plan and the city
infill score and how this proposed development met the criteria for both. He described why this
rezoning would be the best use for the land. He was available for questions.
Council Member Turk asked how many structures could be built on the piece of property with a
rezoning to RI-U and specifically about how a few buildings were oriented down the street.
Jonathan Curth provided a brief description of “through” lots and explained to Council Member
Turk that he did not think buildings could be oriented on the lot in question the same way as the
buildings down the street. Jonathan Curth then deferred the question to the applicant.
Skyler Schwarting described his plans for the lot and provided an answer on what way the houses
would be oriented.
Council Member Turk thanked the applicant for his answer.
Council Member Moore asked that if sewer improvements needed to be made, what that would
look like.
Jonathan Curth explained there are several routes this could take. He briefly explained sewer
options regarding capital plans, cost shares or developers absorbing cost.
The City Council received 1 public comment regarding this ordinance.
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Stafford seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Turk asked if two homes could be placed on the location in question.
Jonathan Curth stated the lot would be too small.
Council Member Turk asked if each home would have access to Mount Comfort.
Jonathan Curth provided an explanation on why these homes would have access to Mount
Comfort.
Council Member Stafford stated he believed the applicant said there would be three units on the
lot.
Council Member Moore moved to suspend the rules and go to the third and final reading.
Council Member Stafford seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
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Council Member Turk stated she would be in support of the ordinance, but hoped the
development would clear up some drainage issues in that location.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6805 as Recorded in the office of the City Clerk
Rezoning-2024-0044: (2001 W. 18th St./Arnold, 598): An ordinance to rezone the property
described in Rezoning Petition RZN 2024-44 for approximately 0.90 acres located at 2001 West
18th Street in Ward 1 from C-1, Neighborhood Commercial, to RI-U, Residential Intermediate-
Urban.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the request and
conveyed the compatibility criteria as well as the potential issues of the proposed rezoning.
Will Kellstrom, Applicant Representative stated he was available for questions.
The City Council received 1 public comment regarding this ordinance.
Council Member Bunch asked if there were any streamside protections on the property.
Jonathan Curth responded by explaining the criteria of streamside protections and the
considerations of topographic data.
Council Member Wiederkehr moved to suspend the rules and go to the second reading.
Council Member Stafford seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Wiederkehr 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.
Jonathan Curth corrected a portion of his previous response to Council Member Bunch.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6806 as Recorded in the office of the City Clerk
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Rezoning-2024-0045: (2286 W. Stone St./KJJ, 520): An ordinance to rezone the property
described in Rezoning Petition RZN 2024-45 for approximately 0.20 acres located at 2286 West
Stone Street in Ward 1 from RSF-4, Residential Single-Family, Four Units Per Acre to RI-U,
Residential Intermediate-Urban.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the request and
conveyed the compatibility criteria as well as the potential issues of the proposed rezoning. He
stated the neighborhood in which this property is located is mostly multi-family homes. He also
covered potential sewer capacity issues.
Council Member Turk asked what the maximum number of dwellings could be under the
proposed rezoning.
Jonathan Curth stated he used the lot widths as a metric to answers questions like that and stated
he believed 4 homes would be the most likely outcome.
Council Member Turk asked if it was a possibility of putting a multifamily home on the lots.
Jonathan Curth stated he could not say for certain and deferred to the applicant if they wished to
speak.
Council Member Turk stated she was trying to evaluate the sewer capacity issues and thought it
was bad if the council did not discuss these potential issues.
Mayor Jordan stated that was a fair question and asked Jonathan if any of these issues could be
identified with certainty.
Susan Norton, Chief of Staff asked Jonathan Curth at what point during development do sewer
considerations begin to be identified.
Jonathan Curth stated the City of Fayetteville could ask any development for a sewer study but
there was not a baseline time at which it was requested.
Susan Norton stated that even though the sewer capacity was being acknowledged, the City would
not even know until a development was proposed.
Jonathan Curth stated that Susan was correct.
Council Member Moore asked how the Junior High School impacted the sewer if at all.
Jonathan Curth expressed his confusion at the question and asked if her question was about the
school being redeveloped.
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Council Member Moore stated there had been discussions of that building being reused over time
and wanted to know what that system looked like today and if it had any impact on the
development.
Jonathan Curth said he could not speak to that question accurately.
Council Member Stafford moved to suspend the rules and go to the second reading. Council
Member Berna 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 6807 as Recorded in the office of the City Clerk
Rezoning-2024-0046: (510 W. Prairie St./Scott, 523): An ordinance to rezone the property
described in Rezoning Petition RZN 2024-46 for approximately 0.16 acres located at 510 West
Prairie Street in Ward 2 from R-O, Residential-Office to DG, Downtown General.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the rezoning
ordinance and conveyed the compatibility criteria as well as the potential issues of the proposed
rezoning. He stated the location had a multitude of different land uses around it.
Council Member Wiederkehr moved to suspend the rules and go to the second reading.
Council Member Berna seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Moore moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Bunch asked Jonathan Curth to display a map of the property.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
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Ordinance 6808 as Recorded in the office of the City Clerk
Rezoning-2024-0048: (N. Meadowlands Dr/Double Springs Brothers LLC, 400): An
ordinance to rezone the property described in Rezoning Petition RZN 2024-48 for approximately
1.40 acres located on North Meadowlands Drive in Ward 4 from R-O, Residential-Office to CS,
Community Services.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director provided a brief description of the rezoning
ordinance and conveyed the compatibility criteria as well as the potential issues of the proposed
rezoning. Jonathan noted a potential issue regarding sewer capacity.
Jake Chavis, Applicant Representative stated he was available for any questions.
City Attorney Kit Williams informed the City Council that the City was not warrantying any
sewer service if a rezoning was passed.
Mayor Jordan asked Jonathan to bring the map of the property back up on the screen. He then
asked how close Rupple Road was.
Jonathan Curth explained it was just offscreen on the map.
Mayor Jordan explained the boundary that was created years ago called “The Mayors Box”. He
explained Rupple Road used to be the cut off, but it now appeared property had been creeping west
slowly. He said he had concerns about sprawl.
Council Member Turk asked Jonathan questions about what had priority, entitlements or
rezonings.
Jonathan Curth explained there was no single answer and gave a brief explanation of each entity
and how they interacted with one another.
Council Member Turk asked if a rezoning occurred, did that change its priority in development
services pipeline regarding entitlements.
Jonathan Curth stated that he did not understand the question.
Council Member Turk asked that if the City Council did not approve the rezoning tonight and a
project went forward under R-O, would they still be in the same line as if the City Council rezoned
the property tonight.
Jonathan Curth answered yes and provided a brief explanation.
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Council Member Stafford asked Jonathan if the current zoning and proposed zoning had the
same building height allowance.
Jonathan Curth answered yes.
Council Member Stafford found it odd that the Planning Commission listed the height as a
negative of the proposed rezoning when the height tolerance was the same as the current zoning.
Jonathan Curth postulated that the reasoning for this was the reasoning became more real for
people when it is being contemplated what to be developed.
Council Member Stafford asked for Jonathan to pull up the map of the surrounding zoning and
then noted the different zonings around the property in question. He understood the sprawl
concerns but did not see an issue with the proposed zoning since there was already commercial
zoning there.
Council Member Stafford 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 Moore moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Turk commented that the growth area was defined years ago, and the
development should be infill and sprawl. She stated she would not be in support and was also
concerned about the sewer capacity.
Council Member Moore appreciated Council Member Turk’s comments and thought it was a
hard consideration and thought some more strategic plans were needed.
Council Member Stafford asked Jonathan if the rezoning allowed them to build and if not, a plan
would have to be submitted that would show sewer.
Jonathan Curth stated a rezoning did not mean a development would comply with the current
state of the City’s sewer infrastructure.
Council Member Wiederkehr asked Jonathan to pull up the map with the mayor’s box.
Jonathan Curth explained a map showing the Mayors box and described the location of the
proposed rezoning.
Council Member Bunch asked what the Planning Commission’s vote was.
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Jonathan Curth responded six to three.
Council Member Bunch stated that it was not long ago when there were big discussions around
this box and promoting infill.
Council Member Stafford asked Jonathan how far out the property was from the Mayors Box.
He agreed that sprawl was bad but also did not feel the request was unreasonable because there
were already similar zonings in that area.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Council Member Hertzberg, Stafford, Jones, Moore, Wiederkehr, Berna and Bunch voted
yes. Council Member Turk voted no.
Ordinance 6809 as Recorded in the office of the City Clerk
Move the City Council Meeting from December 5, 2024 to December 4, 2024.
Susan Norton, Chief of Staff explained to the City Council that because of a scheduling conflict
on December 5, 2024, the City Council meeting would need to be moved to a different date and
suggested December 4, 2024.
City Attorney Kit Williams explained the motion and voting process on how to change the
meeting date.
Council Member Bunch motioned to move the December 5, 2024 City Council meeting to
December 4, 2024. Council Member Jones seconded the motion. Upon roll call the motion
passed unanimously.
Susan Norton noted that there were items of unfinished business scheduled on December 5, 2024
and questioned whether these items needed to be voted on to move to the December 4, 2024
meeting.
City Attorney, Kit Williams explained the motion and voting process on how to change the
meeting dates for unfinished business items.
Council Member Berna motioned to amend the City Council meeting date for the Unfinished
Business items that had been tabled from the December 5, 2024 City Council Meeting to the
December 4, 2024 City Council Meeting. Council Member Turk seconded the motion. Upon
roll call the motion passed unanimously.
Announcements: None
City Council Agenda Session Presentations:
City Council Meeting Minutes
November 7 , 2024
Page 37 of37
Walker Park Senior Activity and Wellness Center Report -Chase Gipson
City Council Tour:
Urban Lofts At Nelson Hackett Large Scale Development Appeal (LSD-2024-0011) City
Council Tour:
Tour Date: November 4th, 2024
Time: 4:00 pm
Address: Southeast of Nelson Hackett Boulevard/South Street
Parking: Along Block A venue and 4th Street
Request: Large scale development approval for 138 residential units
Adjournment: November 7, 2024 City Council meeting recessed at 10:39 p.m. The November
12, 2024 Special City Council meeting adjourned at 6:41 pm.
113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www.fayetteville-ar .gov