HomeMy WebLinkAbout2024-12-04 - Minutes - City Council Meeting Minutes
December 4, 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
December 4, 2024
A meeting of the Fayetteville City Council was held on December 4, 2024 at 5:30 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Important message: At the November 12, 2024 Special City Council meeting the City Council
voted to change the date of the December 5, 2024 City Council meeting to Wednesday,
December 4, 2024. The meeting will begin at its regularly scheduled time of 5:30 p.m.
Mayor Jordan called the meeting to order.
PRESENT: Council Members Robert B. Stafford, Dr. D’Andre Jones, Sarah Moore, Mike
Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, 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:
Service Recognition for Council Member Holly Hertzberg - Mayor Lioneld Jordan
Mayor Jordan presented Council Member Hertzberg with her Service Award plaque. He went on
to speak of how great of a council member she had been and thanked her for all she had done.
Council Member Hertzberg spoke of how her experience on the City Council had been very
rewarding and fulfilling. She thanked City staff and the community for their support.
Council Member Scott Berna
Ward 3 Position 1
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position 1
Council Member Holly Hertzberg
Ward 4 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
Council Member Robert B. Stafford
Ward 1 Position 1
Council Member Dr. D’Andre Jones
Ward 1 Position 2
Council Member Sarah Moore
Ward 2 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
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City Council Meeting Presentations, Reports, and Discussion Items:
Monthly Financial Report - Chief Financial Officer
Paul Becker, Chief Financial Officer gave a brief description of the monthly financial report. He
stated the City was down approximately 3% in revenue at this point in time, and that he anticipated
sales tax to pick up a little for the remainder of the year. He then spoke of how at this point in the
year end, the City ended up between $1.5 million to $2 million in total losses. He briefly explained
the percentages in the other funds.
Agenda Additions: None
Consent:
Approval of the November 7, 2024 City Council Meeting Minutes
APPROVED
Additional Parking Revenue (Budget Adjustment): A resolution to approve a budget
adjustment in the amount of $68,200.00 recognizing additional revenue and associated expenses
for certain parking facilities and services.
Resolution 287-24 as recorded in the office of the City Clerk
Rupple Road Trail Lighting (ARDOT Agreement of Understanding): A resolution to
authorize an Agreement of Understanding with the Arkansas Department of Transportation for the
Rupple Road Trail Lighting Project, and to approve a budget adjustment recognizing $315,193.00
in federal-aid funding.
Resolution 288-24 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 $220,725.00 for the
provision of public access television services and the operation of the public access television
channel through 2025, contingent on approval of the 2025 annual budget and work program.
Resolution 289-24 as recorded in the office of the City Clerk
Certified Local Government Grant (Grant Application): A resolution to authorize the
application for a certified local government grant from the Arkansas Historic Preservation Program
for 2025 in the total amount of $70,356.00 for a city-wide windshield survey of historic properties
and historic district commission training.
Resolution 290-24 as recorded in the office of the City Clerk
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I-49/Stephen Carr Memorial Blvd (Federal Aid Funds): A resolution to express the willingness
of the City of Fayetteville to utilize federal-aid surface transportation block grant funds in the
amount of $650,000.00 for the design and environmental phases of the I-49/Stephen Carr
Memorial Boulevard Interchange Improvements Project, to approve a city match in the amount of
$162,500.00, and to authorize the Mayor to sign an agreement of understanding with the Northwest
Arkansas Regional Planning Commission and the Arkansas Department of Transportation for the
project.
Resolution 291-24 as recorded in the office of the City Clerk
Peace At Home Family Shelter (Amendment #3): A resolution to approve Amendment #3 to
the ARPA Subrecipient Agreement with Peace at Home Family Shelter to revise the scope of work
and project allocation.
Resolution 292-24 as recorded in the office of the City Clerk
City And Watershed Conservation Resource Center (Conservation Easement): A resolution
to authorize Mayor Jordan to sign a grant of conservation easement and declaration of covenants
for 98 acres located on Dead Horse Mountain Road.
Resolution 293-24 as recorded in the office of the City Clerk
Arkansas Department of Transportation (Change Order No. 4): A resolution to approve
Change Order No. 4 to the agreement with the Arkansas Department of Transportation in the
amount of $4,804,799.30 for Interstate-49 MLK Interchange Improvements, and to approve a
budget adjustment.
Resolution 294-24 as recorded in the office of the City Clerk
Wash Away (Service Contract): A resolution to approve a contract with Wash Away, LLC in
the amount of $40,000.00 for the utilities financial services office renovations and expansion, and
to approve a budget adjustment.
Resolution 295-24 as recorded in the office of the City Clerk
Milestone Construction Company, LLC. (Service Contract): A resolution to award Bid #24-
44 and authorize a contract in the amount of $1,583,718.71 with Milestone Construction Company,
LLC for the City Hall HVAC improvements, to approve a project contingency in the amount of
$300,000.00, and to approve a budget adjustment.
Resolution 296-24 as recorded in the office of the City Clerk
Fayetteville Fire Department (Administrative Policies Approval): A resolution to approve and
adopt the Fayetteville Fire Department Prevention, Investigation & Public Education Policy.
Resolution 297-24 as recorded in the office of the City Clerk
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Council Member Berna moved to accept the Consent Agenda as read. Council Member Dr.
D’Andre Jones seconded the motion. Upon roll call the motion passed unanimously.
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 November 7, 2024. At the November 7, 2024 City Council meeting this
resolution was tabled to the December 3, 2024 City Council meeting. At the November 12, 2024
Special City Council meeting this resolution was tabled to the December 4, 2024 City Council
meeting.
John Scott, Urban Forester gave a brief description of the Urban Forestry Management Plan. He
went on to explain how the plan included input from City plans, staff, public officials, various
boards and committees as well as input from the community. He stated the City of Fayetteville
scored 87 out of 100 in terms of tree equity and that the City’s 30 year goal was to reach 44.4%
tree canopy coverage. He briefly outlined the goals summarized within the Urban Forestry
Management Plan. He stated the City’s Urban Forestry Program stood out statewide for its
commitment to preservation, programming, funding, maintenance and innovation. He was
confident the City was on the right track, and that the plan would ensure the City stayed on course.
The City Council received 7 public comments regarding this resolution.
Council Member Turk thanked John Scott and those who had worked on the plan. She spoke of
how the plan included a lot of great background information and details. She then noted how the
data used for 2019 was incorrect and spoke of how the plan listed goals, but yet did not list
implementation information. She believed the document was missing information and needed
additional work, and did not feel as though it were currently sufficient. She believed a roadmap
needed to be included within the proposed plan on how to achieve the goals it listed.
Council Member Stafford questioned if the City Council could go back and amend or add to the
document in the future.
City Attorney Kit Williams stated the document could be reviewed and amended in the future by
the City Council. He stated the plan would be kind of like a living document and that it could be
changed as time progressed.
Council Member Stafford would like to go ahead and implement the plan and as time progressed,
the item could be brought back to the City Council for amendments. He spoke of how there were
comments made during the public comment period regarding how the City needed to maintain the
trees it currently had and how that was something that could potentially be added to the document
in the future.
Council Member Turk spoke of how busy everyone was and had concerns that if the City Council
requested items to be addressed in the future, she was unsure if room would be made for that.
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Council Member Wiederkehr asked if the tracking of canopy loss and gain was being done
through GIS every few years.
John Scott stated that was accurate and spoke of how GIS gave him data every two years. He
stated the City would also be logging tree canopy loss and gain each month, and that that was
something that could be shared with the Environmental Action Committee to measure canopy
sequestration. He then spoke of how the calculated numbers for the year 2019 were in fact correct,
and how it had been a snapshot of where the City’s tree canopy had been at that exact moment.
Council Member Wiederkehr spoke of how he was under the understanding that the City would
be using equity as a guiding principle in mapping the future planting of trees, and he believed that
sufficient public work and input had gone into the plan. He would like to see the resolution be
adopted. He stated that when the City got the next tree canopy report, they could review it to see
how it was doing and what they might want to do differently. He thanked everyone for their work.
Council Member Berna asked how long it might take staff to address Council Member Turks
concerns.
John Scott stated he did not have a specific timeline on that, and then spoke of how it depended
on what information she needed.
Susan Norton, Chief of Staff requested that John Scott clarify the relationship of the Urban
Forestry Management Plan to the Climate Action Plan.
John Scott briefly spoke of how he would be collecting data in 2025 and sharing that information
with Environmental Action groups to use to measure sequestration and other ecosystem benefits.
He then went on to speak of how the main focus of the Urban Foresty Management Plan was to
collect information on carbon sequestration, which he believed would be very beneficial to city
projects and staff.
Council Member Turk stated she had sent staff a spreadsheet of numbers she had thought would
be helpful, along with comments and requests. She was frustrated due to the wrong metric being
used in the document and continued on to speak of how the plan had flaws. She then went on to
speak of how the plan did not include information regarding where the City’s loss was with the
trees, and how there was not a roadmap outlined to where new trees would be planted. She would
like for the plan to come back to the City Council within a year for further edits and review.
Council Member Moore thanked John Scott and the Urban Forestry Committee for their work.
She believed that the work that had went into the plan gave the City direction and guidance and
agreed that there were additional things that could be worked on in the future, but she believed that
overall, it was a guiding document.
Council Member Berna asked if an amendment could be added to the resolution to readdress the
topic in a year and stipulate what Council Member Turk’s concerns were for staff to work toward.
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Council Member Jones stated he had had the same thoughts, and that he would be supportive of
that amendment. He believed it would be very wise and beneficial to the citizens to do so.
Council Member Bunch believed the City was off to a good start with the proposed plan and
believed it would be fair to come back in a year with an update. She would like for the City Council
to get a better accounting of where the trees were, where the City was losing trees and where trees
were being replaced. She would be in favor of moving forward on the plan tonight.
Council Member Bunch moved to approve the resolution. Council Member Wiederkehr seconded
the motion. Council Member Turk stated that if an amendment were made to the resolution to
bring it back to the City Council in a year, she would be supportive. Council Member Stafford
stated he would like to see the item again before a year passed so the City Council could get the
changes made within a year. Council Member Turk believed that would be great. It was then
discussed how John Scott would be receiving the 2023 GIS tree imagery data soon, and that he
would have eight or nine months of reviewing that data before coming back before the City
Council. John Scott stated he had no issues in giving the City Council tree accounting in eight
months and how that was one of the main focuses of the proposed plan. There was a brief
discussion amongst the City Council regarding how there was a current motion on the floor. City
Attorney Kit Williams stated a motion to amend the resolution could be made now.
Council Member Stafford moved to amend the resolution to add a new section that stated
the Urban Forestry Management Plan would be reviewed at the first City Council meeting
of September 2025. Council Member Dr. D’Andre Jones seconded the motion. Upon roll call
the motion passed unanimously.
Council Member Bunch moved to approve the resolution. Council Member Wiederkehr
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 298-24 as recorded in the office of the City Clerk
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. At the
November 7, 2024 City Council meeting this resolution was tabled to the December 4, 2024 City
Council meeting.
Jonathan Curth, Development Services Director gave a brief description of the request, and
stated the project was proposed to include 138 bedrooms, 120 on and offsite parking spaces, and
17 bicycle racks. He then gave specifics of the resolution, as well as it’s requested variances.
Fire Chief Brad Hardin spoke of on street parking and the issues it caused, especially for large
fire trucks accessing streets. He then spoke of how the development was at a .86 for parking, and
that the City Council had set the bar at a .65, so the development was in excess as far as parking
was considered. He then spoke of how the development was proposing to widen the streets to allow
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on street parking and of how they were meeting the City’s parking standards. He stated the Fire
Department had no issues with the request.
Jonathan Curth stated staff recommended approval of the project, and that the Planning
Commission had originally denied it, but it had been brought back for reconsideration when the
project had reduced its original unit count and was then approved by the Planning Commission by
a vote of 8-1. He briefly spoke of the codified reasons for why the City Council, now sitting as the
Planning Commission, could deny a project.
Parker Sitton, VP of Real Estate and Property Management for The Urban Loft Co. spoke of the
meeting they had had with the neighbors in the area and of how he hoped they had been able to
make the neighbors feel as though they would be good stewards of the investment they would be
making in the area. He went on to speak of how a parking district had been discussed, and of how
they would be in favor of that as well.
Council Member Dr. D’Andre Jones stated the neighborhood meeting had been great and
questioned what the biggest concern was that the developers had wanted to address.
Parker Sitton spoke of how they had wanted to address the research they had put into parking.
Council Member Dr. D’Andre Jones asked if there had been any more conversations with the
neighborhood.
Parker Sitton answered yes, and stated those conversations had centered around a parking district
and how the development planned to move forward with utilizing their parking management plan.
Council Member Turk requested the applicant speak to the Bill of Assurance they had offered.
Parker Sitton clarified they had not offered a Bill of Assurance, that had been offered by the
neighborhood.
Allen Osner, Neighborhood Representative stated the neighborhood had had a very fruitful
meeting with the developer. He spoke of the Bill of Assurance and how the neighborhood wanted
it restated and supported by the City Council that the development would be limited to only what
the project needed in terms of parking spaces. He then went on to state that if there was a parking
district created, they requested that the City Council limit the membership of the development to
the 28 on street parking spaces they had proposed they would need. He then went on to speak of
how there were only 100 parking spaces available in their area and of how that number was not
official, it was just from the neighborhood counting the available parking spaces. He explained
how the neighbors were in favor of gentle density and that there had been discussion with the
developer regarding the potential to place speed humps in the area.
There was a brief discussion between Council Member Turk and Allen Osner regarding the 100
parking spaces Allen had previously stated.
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Council Member Berna questioned if there was a way of putting language into the appeal that
held the developer to the 28 parking spaces.
Jonathan Curth stated that without a parking district in place, they would have to be reliant upon
the property manager to ensure the tenants of the development were not moving beyond the
parking spaces along the frontage of the project.
There was then a brief discussion regarding how there were concerns from the neighborhood
regarding the potential parking spillover from the development. The Wilson Park Parking District
was then referenced. Council Member Stafford and City Attorney Kit Williams then went into a
brief discussion on whether the City Council could include in the language of the resolution that
upon the creation of a parking district for the neighborhood, the development would be limited to
28 on street parking spaces. City Attorney Kit Williams went on to clarify that the City Council
could require the applicant to place on their approved large scale development plans and plat, a
note that would say that not more than 28 parking passes would be allowed for the project if a
parking district was created. Jonathan Curth then clarified that it would actually be 29 on street
parking spaces for the development. He went on to describe how notating that on a plat could
sometimes be overlooked in the event that none of the City Council members remained, the
property exchanged hands or if Planning staff were gone when the development came to fruition.
Council Member Stafford stated that if the other City Council members were amenable, that would
be something he would like to see added.
Council Member Dr. D’Andre Jones requested that Justin Clay come forward and describe how
a parking district could be created.
Justin Clay, Parking Manager stated the creation of a parking district was a collaborative effort
that would take a lot of work to figure out the details and the specific goals of everyone involved.
Mayor Jordan spoke of how the Wilson Park Parking District had taken several months to form.
Council Member Berna questioned if the streets near the property were wide enough to
accommodate fire apparatus while cars were parked. He had concerns regarding the streets.
Fire Chief Brad Harden stated that according to the Fire Code, in order to park on one side of a
street, it needed to be 26 feet in width, and that none of the streets near the property met that
standard. He believed the parking district idea sounded like a viable option.
There was then a brief discussion amongst Council Member Turk and Fire Chief Brad Hardin
regarding street widths. Fire Chief Brad Hardin went on to explain how the streets in the area
averaged 23 feet in width.
Council Member Wiederkehr and Jonathan Curth then had a brief discussion regarding if the
project reduced their parking spaces. Jonathan Curth went on to explain how that would be
considered a major modification to the request and would require it to go back to public hearing
and the Planning Commission.
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The City Council received 11 public comments regarding this resolution.
Council Member Stafford questioned if the developer would be giving transit vouchers to tenants
of the development.
Parker Sitton stated they had offered a Memorandum of Understanding in lieu of a Bill of
Assurance that included the willingness for a parking district and the enforcement of their parking
management plan. He then answered yes, Ozark Regional Transit had planned to put three spots
on their development.
Kara McElyea, Architect with Arch + Craft Design spoke of how the developer had been talking
with Razorback Transit as well, but did not have a definite commitment from them.
Council Member Stafford asked if the Memorandum of Understanding had been presented.
Parker Sitton stated that document had been sent to the neighbors today.
Council Member Berna asked if the City Attorney had seen that document and if it were binding.
City Attorney Kit Williams stated a Memorandum of Understanding was a contract. He then
questioned who the parties were within the document.
Parker Sitton stated the document included their intent on behalf of the development group.
City Attorney Kit Williams stated he had not seen the Memorandum of Understanding. He then
questioned if the City Council was going to put the effort, time and money into creating a parking
district when at this point in time, it was still unsure of what was going to happen when the project
got developed. He stated the City Council would know more once the project was fully built and
could review what problems the neighbors were facing at that point in time.
Council Member Turk spoke of how she felt it was needed to have some kind of documentation
reflecting that the development only got the 29 parking spaces. She moved that the City Council
hold the item until a Memorandum of Understanding or assurance was sent to the City Attorney.
Parker Sitton stated they would be happy to send that document over. He then spoke of how he
had heard that was a condition that could be placed upon the plat, that upon approval of a parking
district 29 spaces would be all they could take.
Council Member Turk stated that it had also been heard that that would be hard to track on a plat
as the City moved through the system, and therefore had hesitations. She believed the parking
needed to be addressed and would like for the City to start work on a parking district immediately.
Parker Sitton stated he shared those concerns. He then spoke of how their data reflected that there
was only a 70% parking utilization of available spots, and that they were taking measures to ensure
they had a walkable site developed to where people were attracted to car free living. He stated they
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had discussed the use of rebate programs for E-Bikes and incentivizing that as a usage, and that
the development did not believe parking would be an issue.
Jeff Joyce, Attorney for the Developer reflected on the Memorandum of Understanding that had
been discussed and spoke of how that would be a document between the neighborhood and
developer and would not involve the City. He then spoke of the possibility of adding the condition
of approval to the plat and how he believed that would be the better way to handle things.
Council Member Turk questioned if there would be an issue with including the City as a part of
the Memorandum of Understanding.
City Attorney Kit Williams stated the City could be included as a party if they wanted to do so,
but that it would ultimately be better to have it documented on the plat. He then spoke of how if it
were documented on the plat, it would be filed at the courthouse as public record and would
therefore not become lost. He then questioned that if it were put on the plat, was that something
the developer agreed to do voluntarily in order to get the City Council to deny the appeal.
Jeff Joyce, “Correct.”
Council Member Berna applauded the developers and neighbors for meeting with each other and
believed the request highlighted the fact that the City needed to address it’s parking ordinance. He
then spoke of how he needed to hold the development to the rules that were outlined, and in this
case, he believed they were following the rules. He went on to speak of how the ability to develop
a parking district was a good compromise, and that he would be denying the appeal with the
stipulation that the City add to the plat regarding the 29 parking spaces.
Council Member Dr. D’Andre Jones spoke of how he appreciated the compromise between the
neighborhood and the developer. He believed having the Memorandum of Understanding would
give the neighborhood some comfort, and he would like for the item to be tabled until that was
established. He questioned how long it would take to get that drafted.
Jeff Joyce spoke of how the developer had had several meetings with the neighborhood, and that
their biggest concern had been regarding the 29 parking spaces. He stated they were willing to put
that as a condition upon the plat and that they would continue to work with the neighbors. He then
went on to speak of how the Memorandum of Understand had already been drafted and had
circulated to the neighbors that morning.
City Attorney Kit Williams spoke of how having that condition outlined on the plat would be
more enforceable than any agreement.
There was then a brief discussion between Council Member Bunch and Jonathan Curth regarding
the property’s current zoning and what would be allowed to be developed. Jonathan Curth then
gave a brief outline of the history of the request.
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Council Member Bunch stated she would be siding with the City Attorney on having the
condition placed upon the plat and did not want to hold the item until a parking district was created,
because that could take a lot of time.
Council Member Moore stated she was in agreement with that as well and did not see reason to
delay the request. She thanked the neighbors and the developer for meeting and having further
discussion regarding the project. She stated there were more people coming to the community each
and every day, seeking out a place to live, and that traffic was going to continue to increase. She
spoke of how the City was talking about adding density to the 71B Corridor, and how these were
the types of projects that had been asked of the development community to come forward with.
She hoped the City Council could support the project tonight.
Council Member Wiederkehr stated that as he looked at the potential reasons for approval or
denial of the request and the individual variances, he did not feel that he had a ‘leg to stand on’ on
anything except the on street parking, but he did not feel that the project had any grounds for him
to deny it. He then briefly spoke of his concerns regarding the variance for the slip lane, but that if
he denied that variance, he would be impacting the neighborhood with 10 additional parking stalls
and spoke of how that would be 10 additional vehicles from the development within the
neighborhood, and how that would be counterproductive. He then spoke of the 29 parking spaces
that had been discussed, and how the development would not be guaranteed those spaces, it would
be first come first serve, and that they would only be entitled to 29 parking permits if there was a
parking permit program, but that those spaces would not be owned by the development. He agreed
that housing was needed in that area, but the parking situation caused him concerns.
Council Member Dr. D’Andre Jones spoke of how the last time the City Council had discussed
the request, there were concerns expressed regarding the neighborhood and developers meeting,
and he was glad they had now been able to meet and come to a compromise. He recognized the
City was in a housing crisis but wanted to ensure they were doing things right. He appreciated the
neighbor’s diligence and patience and looked forward to working on the parking district.
Jeff Joyce referenced Council Member Wiederkehr’s previous comments regarding how the 29
parking spaces would be first come first serve. He stated the developer may need those 29 parking
spots in the parking district, if it were created, and wanted to ensure they received those spots.
City Attorney Kit Williams stated there could be different zones within a parking district, and he
believed it would be feasible to have one zone in the parking district be zoned for the developments
parking spaces, and that their parking passes would therefore only be good for that area.
Jeff Joyce stated they were good with that.
Council Member Hertzberg questioned what the proper procedure would be for the City Council
to move forward with placing a note on the plat.
City Attorney Kit Williams stated he had already drafted an amendment, assuming that the City
Council might want to move forward with this option. He then briefly described the amended
resolution language.
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Council Member Hertzberg moved to amend the resolution to match the amended version
that City Attorney Kit Williams had proposed. Council Member Moore seconded the motion.
Upon roll call the motion passed unanimously.
There was a brief discussion amongst the City Council regarding what a yes or no vote would
mean on approving the amended resolution. City Attorney Kit Williams clarified that the
resolution had been amended to be a positive vote, which would deny the appeal on the condition
that the developer agreed to add the language to the plat.
Council Member Hertzberg moved to approve the amended resolution. Council Member
Moore seconded the motion. Upon roll call the resolution passed 7-1. Council Member
Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Stafford voted yes. Council
Member Dr. D’Andre Jones voted no.
Resolution 299-24 as recorded in the office of the City Clerk
2025 Annual Budget & Work Program (Adoption): A resolution to adopt the 2025 Annual
Budget and Work Program. At the November 19, 2024 City Council meeting this resolution was
tabled to the December 4, 2024 City Council meeting.
Paul Becker, Chief Financial Officer gave a brief description of the 2025 Annual Budget & Work
Program. He stated that the overall budget for operations was just over $254 million, which was
up $12.5 million compared to last year. He then went on to state that within the General Fund, the
City was requesting an increase of $4 million to take it from $73 million last year, to $77 million
this year. He explained how 76% of that amount was due to personnel and salary increases. He
then went on to explain how the City was looking to hire six people in the General Fund, five
people in the Street Fund, eight people in the Water and Sewer Fund, one person in the Recycling
and Trash Collection Fund and one new position at the Airport. He stated staff had prepared the
budget as conservatively as possible.
Council Member Moore made a motion to amend the budget to include $200,000 to the sales tax
capital fund to fund an impact fee study to update the current amounts of water and sewer and
police and fire impact fees.
Council Member Turk had thought that had already been included within the budget.
Paul Becker stated it had not been in the budget, but the City Council had discussed it. He stated
he had planned to bring that forward sometime this year, but Council Member Moore had
accelerated those plans by bringing it forth now.
Council Member Turk spoke of the Water and Sewer Rate Study and questioned if this would
be separate from that.
Paul Becker, “They are separate.”
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Council Member Turk questioned where the $200,000 would come from.
Paul Becker spoke of how that would be taken out of some reserves the City had, and how the
$200,000 was just an estimate, and that that could be more or less. He felt comfortable the City
could fund that request with the reserves.
Council Member Turk thanked Council Member Moore.
Council Member Stafford thanked Council Member Moore as well. He had thought the impact
fee study had already been in the works, and felt it was an important thing to get into the budget
so the City could move forward on it as quickly as possible.
Council Member Bunch questioned what time frame the City was looking at with the amendment.
Paul Becker spoke of how the City had several things to work on as we moved into the new year,
and that he anticipated the request would go out for proposal sometime in the first quarter. He then
spoke of how the Police Department, Fire Department and the Water and Sewer Department would
all have to work on capital plans and what they would need in the next few years.
Council Member Moore moved to amend the resolution to add a $200,000 impact fee to the
2025 Budget. Council Member Stafford seconded the motion. Upon roll call the motion
passed unanimously.
Council Member Moore spoke of how she had had a desire to have a different process for budget,
and hoped that in 2025, the City could start the budget process earlier in the year, sometime during
the summer months, and receive community feedback on the budget as it was shaped. She then
went on to speak of how the City was in a housing crisis, but did not have a strategy or a focus on
affordable housing, and believed the City needed to review and address having a comprehensive
plan around that. She also had concerns about the City continuing to add spending in the Police
Department, while there were additional needs that needed to be addressed in regard to health care
and the response to crisis for individuals in the community who struggled. She would also like for
the City to continue to look at a living wage for staff.
Council Member Berna moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution passed unanimously.
Resolution 300-24 as recorded in the office of the City Clerk
Rezoning-2024-0051: (W. Martin Luther King Jr. Blvd and S. Smokehouse Trl./D&B of
Northwest Arkansas LLC, 595): An ordinance to rezone the property described in Rezoning
Petition RZN 2024-51 for approximately 4.49 acres located southeast of the intersection of West
Martin Luther King Jr. Boulevard and South Smokehouse Trail in Ward 1 from RPZD, Residential
Planned Zoning District to CS, Community Services. At the November 19, 2024 City Council
meeting this ordinance was left on the first reading.
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Council Member Turk 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.
Jonathan Curth, Development Services Director stated he only had one update on the request;
that the developer had current plans with the City to extend the sanitary sewer line, with intent of
connecting to it. He noted Gavin Smith was present as the applicant for the request.
Gavin Smith, Applicant stated they had the sewer designed and that it was currently under review
and submitted for approval. He explained how the sewer line would go straight down the road to
the manhole that was under Smokehouse Lane.
Council Member Turk questioned if the applicant was just waiting for the City to agree to the
size and connection of the sewer.
Gavin Smith briefly spoke of the easement and right of way on the property. He stated they had
been working with their neighbor and had an agreement that was contingent upon approval of the
sewer to get the easement space.
Council Member Turk questioned if once the applicant got approval, everything would work out.
Gavin Smith, “Yeah.”
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.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6818 as Recorded in the office of the City Clerk
New Business:
Safe Streets and Roads for All Program (Grant Acceptance): A resolution to authorize
acceptance of a Department of Transportation Federal Highway Administration Grant in the
amount of $25,000,000.00, through the Safe Streets and Roads For All Program, to approve a grant
agreement with the Federal Highway Administration, to approve two new full time staff positions
to manage the federal-aid funding requirements, and to approve a budget adjustment establishing
a new fund to account for the proceeds of the grant.
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Chris Brown, Public Works Director gave a brief description of the resolution. He stated that in
mid-2023, the City of Fayetteville and all of the other cities in the region, in concert with the
Northwest Arkansas Regional Planning Commission, developed a Safe Streets for All Plan. He
then went on to explain how the City was awarded $25 million dollars in December of 2023, and
that a copy of the grant agreement had been included in the agenda packet for review. He went on
to explain how the resolution was a request to approve the grant agreement, approval of a budget
adjustment and approval of an additional position. He noted that the start date of the contract
needed to be corrected to the date the City had signed the agreement.
Council Member Berna moved to amend the exhibit within the resolution to the correct date.
Council Member Hertzberg seconded the motion. Upon roll call the motion passed
unanimously.
Mayor Jordan briefly spoke of how staff had competed against cities all over the United States,
and that only one other City in the United Stated had gotten more money than the City did, and
that had been New York City. He applauded staff for their work.
Council Member Hertzberg moved to approve the resolution. Council Member Bunch
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 301-24 as recorded in the office of the City Clerk
Stormwater Management and Water Quality Funding (Adoption): An ordinance to enact
Chapter 52: Stormwater Management Utility Fee into the Fayetteville Code of Ordinances.
City Attorney Kit Williams stated that before he read the ordinance, he would like the City
Council to amend it by adding two new whereas clauses that staff had recommended, both of which
he had sent to the City Council in a memo on November 26th.
Susan Norton, Chief of Staff stated she had placed a copy of the amendments at City Attorney
Kit Williams and Mayor Jordans seats.
Council Member Hertzberg moved to amend the ordinance to include the new whereas
clauses. Council Member Berna seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Chris Brown, Public Works Director gave a brief description of the ordinance. He went on to
explain how the City was not meeting service expectations or providing equitable services for a
lot of the citizens, due to newer parts of town having better storm drainage systems than older parts
of town. He stated that citizens in newer areas of the City had better services, less flooding and
less issues whereas older parts of town were seeing issues worsen. He stated that in 2018 the City
began this study and then briefly explained the items timeline after that. He stated staff had been
working on refining the impervious areas and getting the billing tool put together, and that citizens
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could use the tool to input their address and see what their impervious areas were and what their
proposed fees would be. He then briefly went on to explain the item in further detail. He spoke of
how the program calculated how much impervious area you had on your property and that was
therefore the basis of the fee. He gave a brief description of the tier levels within the program and
of the monthly fees that would be billed to customers. He went on to explain how staff had also
created a credit framework that reduced billing for certain activities, such as retrofitting properties
to meet Green Stormwater Practices, compliance with industrial stormwater permits, shared
parking and then the potential to have an educational component about water quality. He then
touched on the highlights of the ordinance and spoke of how City Attorney Kit Williams had
assisted in drafting an amended ordinance that included clarifying language and an appeal process.
He stated if the City Council adopted the amended ordinance tonight, staff would have eight
months to work on finalizing the billing database before billing started in August of 2025.
There was a brief discussion between Council Member Stafford and Chris Brown regarding if
rainwater catchment fit into a credit category. Chris Brown went on to explain that it could, but
there would be parameters around that. He stated that if you had something large enough to
accommodate a 1.2 inch storm, that would be meeting the water quality requirement.
Council Member Stafford asked how often properties would be re-reviewed and re-assessed.
Chris Brown stated that a lot of the City’s new impervious area would go through a permitting
process, and once a certificate of occupancy was ready to be issued, the City would set up a process
that the square footage be added to that sewer user. He then explained that for anything
unpermitted, that would be reviewed when the City did its aerial photography.
Council Member Stafford questioned if the ordinance would apply to users on septic systems.
City Attorney Kit Williams spoke of how when the legislation had been created by the state
legislature, it only applied to sewer customers.
Council Member Stafford questioned if the ordinance would capture commercial properties and
if it would exclude the University of Arkansas and any other government entities.
Chris Brown stated that was correct, but that schools would be included.
Council Member Hertzberg questioned if there was a process for surfaces that were not
impervious, like a deck or a similar structure, to be stripped from the fee.
Chris Brown stated those were more challenging and that the City would have to take a manual
review of each request and that if staff found an effort, that error would be corrected.
Council Member Hertzberg questioned if a swimming pool would be considered retrofitting if
it were put in afterwards.
Chris Brown stated the water surface area of the swimming pool would not be considered
impervious, and if someone added a pool, the water surface area would be excluded.
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Council Member Hertzberg, “Would that ever constitute a credit that could be added?”
Chris Brown stated he would have to think about that.
Council Member Moore requested that Chris Brown walk the City Council through what the
process would look like for someone needing to make an adjustment, and how they would contact
the City.
Chris Brown stated individuals could contact the Engineering Division, and that Alan Pugh, the
City’s Stormwater Engineer, would be available to field those questions as well.
Council Member Moore referenced the credit program and asked how that process would work.
Chris Brown stated there would be an application process that would be set up administratively,
and that it would include staff members available to contact.
Council Member Moore spoke of how the funding would allow the City to be able to work on
infrastructure for storm water once every five years. She asked when that was anticipated to start.
Chris Brown spoke of how a crew of five or six staff members would need to be established first
and then equipment would need to be purchased, and that he anticipated having those staff
members in place by the end of the year.
Council Member Moore asked if the City still expected to hit something once every five years.
Chris Brown answered yes, and stated the City would be able to inspect all of the storm drainage
systems and clean them out.
Council Member Turk thanked Chris Brown for his work. She believed having the GIS tool was
great. She had concerns regarding trails and sidewalks not being excluded within the item and felt
that needed to be fixed quickly. She questioned when that would be updated within the ordinance.
Alan Pugh, Staff Engineer stated there were sidewalks shown in the document that were in the
right of way but weren’t actually included in the calculations for that property and understood how
that could be confusing. He then referenced her question regarding trails and other impervious
surfaces and stated they were having discussions with the consultant on the project and could
forward those answers to the City Council.
Council Member Turk believed that would be helpful, and felt it was hard to pass the item when
there were still issues with it. She then questioned if the City was prepared to give citizens a refund
or credit if they were billed incorrectly.
City Attorney Kit Williams stated he was sure the City would refund anything that should not
have been charged.
Council Member Turk hoped a process would be put into place before the City started to bill.
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Chris Brown spoke of how they had an email system set up, and there was the potential to send
citizens reminder emails letting them know billing would start soon and to review their information
to ensure it was accurate and to reach out to staff if they had any questions or needed assistance
understanding the process.
Council Member Berna stated he had been contacted by senior citizens worried about the
potential cost this would cause them. He questioned if there had been any consideration for giving
senior citizens credits or to carve them out from the request.
Chris Brown stated that the basic concept of the program was that impervious areas were creating
an impact, and that every citizen had to pay based on that impact. He understood the income issues
but believed if people started to be carved out of the request, the City would start to get outside of
the bounds of the basic concept of the program.
Council Member Berna briefly spoke of how there were older properties in the City with no
storm water mitigation and newer properties that had that mitigation, yet those properties appeared
to be viewed as the same type of property in the document even though the newer properties had
paid for that mitigation already.
Chris Brown explained how newer properties had more storm drainage systems and easements,
which therefore made the operational cost of those systems higher than that in the older parts of
town. He then briefly spoke of the factors that had went into the pay rate base.
Council Member Bunch stated she had received comments from residents in Butterfield Trail
who were not happy with the item, and that she had also received comments regarding sidewalks
and trails being included and regarding disabled veterans who had requested a discount.
The City Council received 10 public comments regarding this ordinance.
Council Member Wiederkehr spoke of how a flat rate would be the simplest model to use, but
the City appeared to be attempting to be more equitable. He stated that while this was not perfect,
he believed it was an attempt to be fair to the majority of people within the City. He stated there
were examples of properties that he believed individuals could work with Chris Brown to possibly
negotiate a credit and receive a fair bill for their property. He then briefly spoke of his property
and how it was not in a flood zone, but he still felt he needed to do his fair share, due to the potential
for water to leave it and enter some form of a catch basin in the storm drain system, and that that
would need to be managed as it traveled through Fayetteville. He felt the only way to give the clear
signal for the request was to adopt the ordinance and have it go into effect in August, which would
give staff the ability to start dealing with applications where people appeal. He felt this was the
direction the City needed to go.
Council Member Berna felt that the citizens understood that the City needed this ordinance and
felt that the City needed to be fully transparent. He briefly spoke of how he had received comments
that some individuals had not been notified of the ordinance, and did not feel it was fair to the
community to pass something that still needed a lot of intricacies worked through.
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Council Member Stafford agreed with his fellow council members. He was surprised at how
little people showed for the item, due to hearing a lot of comments regarding it. He would like to
leave the item on it’s first reading so that the City could hear any additional concerns and so the
public could have the ability to learn more about the request.
Council Member Turk briefly spoke of how long the City had been working on the item and of
how very few cities did a proportional impervious to pervious scale. She then stated that since
there would be an appeal process set up, citizens could demonstrate that they were not having run
off from their property, and believed the structure of the plan was easier to implement. She then
noted how the holidays were approaching and that she would like to leave the item on its current
reading so there could be more conversation around the topic.
Council Member Stafford spoke of how everyone in the City used the streets, sidewalks and
trails, and of how those impervious surfaces create the runoff and added to the storm water
problem. He noted the issue also effected water quality in the area and felt this was a serious issue
that City needed to address. He acknowledged the additional fee, but did not feel as though it were
exorbitant and felt it was fair. He believed the community needed to work together to solve these
problems for the benefit of everyone.
City Attorney Kit Williams stated that he had worked with Susan Norton, Chris Brown and Alan
Pugh on a proposed amendment to the request, but he did not want the City Council to take action
on that amendment tonight due to how late the meeting had run so far. He then went on to state
that he would discuss the amendment further at the next City Council Agenda Session.
Chris Brown stated that staff were committed to whatever meetings the City Council wanted to
have to talk about the item further and to help everyone fully understand the program.
Mayor Jordan brought forth a member of the audience to comment on the item. The member of
the audience requested that the City make sure to get the word out on the item as they had been
shocked to hear that billing would start in August and wanted to make sure the City communicated
topics like that in the future.
Council Member Berna spoke of how the item would come back to the City Council in two
weeks if it were left on the first reading and questioned if that would be enough time for staff to
get everything accomplished with the upcoming holidays.
City Attorney Kit Williams believed it would be better to bring the item back to the City Council
in two weeks due to how it would take a year for staff to try to get everything together for the
credit system. He stated he would explain more during the next City Council Agenda Session
regarding why August would be a good time to start. He stated that once the City Council approved
the ordinance, staff had other work to do to finish the crediting situation and review issues. He did
not suggest delaying the process for too long.
Council Member Stafford believed the item should be left on the first reading so that as the public
learned more about it, the City Council could get amendments added to the request and it would
then be a more informed discussion.
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Council Member Moore appreciated the feedback from the community. She then spoke of the
residents who were experiencing flooding on their properties and how they had been looking
forward to the item. She wondered if there was the possibility for the City to display details of the
item in the City Hall lobby area and have staff present to inform citizens further.
This ordinance was left on the First Reading.
Chapter 111.30 - Retail (Amendment): An ordinance to amend § 111.30 Retail to authorize
Sunday sales of alcoholic beverages for off-premises consumption from 10:00 am until midnight
and to enact an Emergency Clause.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams stated he had brought the item forward due to it being the City’s legal
duty to comply with what the citizens voted for. He stated that alcoholic beverages could be sold
in the City after December 6th if the City Council passed an emergency clause, and that if anyone
had questions regarding when it would be okay for the state, they would have to contact the
Alcoholic Beverage Commission.
There was a brief discussion amongst the City Council regarding the hours on Sunday that
alcoholic beverages would be allowed to be sold. The days and times were listed within the
ordinance.
Council Member Wiederkehr 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 Wiederkehr moved to suspend the rules and go to the third and final
reading. Council Member Dr. D’Andre 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.
Council Member Wiederkehr moved to approve an Emergency Clause. Council Member Dr.
D’Andre Jones seconded the motion. Upon roll call the motion passed unanimously.
Ordinance 6819 as Recorded in the office of the City Clerk
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December 4, 2024
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Ordinance 6710 - Short Term Rental Sunset Clause (Amendment): An ordinance to amend
Ordinance 6710 passed on November 21, 2023 to extend the Sunset Clause effective date to July
1, 2025 at 7:00 p.m. and to declare an emergency.
City Attorney Kit Williams read the ordinance.
Council Member Hertzberg spoke of how the Ordinance Review Committee had wanted to pause
on making any changes to the ordinance for the next few months while the state legislature worked
out additional details within state law. She recommended the Sunset Clause be extended to July
1st so it could be brought back with the changes needed at that point in time.
Council Member Hertzberg 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 Hertzberg 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 7-1.
Council Member Dr. D’Andre Jones, Wiederkehr, Berna, Bunch, Turk, Hertzberg and
Stafford voted yes. Council Member Moore voted no.
Council Member Hertzberg moved to approve an Emergency Clause. Council Member Turk
seconded the motion. Upon roll call the motion passed 7-1. Council Member Dr. D’Andre
Jones, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Stafford voted yes. Council Member
Moore voted no.
Ordinance 6820 as Recorded in the office of the City Clerk
Chapter 118.01 (E) - Short Term Rentals 1 & 2 (Amendment): An ordinance to amend § 118.01
(E)(1) and (2) of the Fayetteville Code to simplify and clarify the definitions of Short-Term Rental,
Type 1 and Short-Term Rental, Type 2.
City Attorney Kit Williams read the ordinance.
Council Member Hertzberg spoke of how the ordinance had been brought forth to clarify the
definitions of Short-Term Rental, Type 1 and Type 2.
Council Member Turk thanked Kit Williams for sending out information to the City Council and
then spoke of how she believed the amendment would be a major improvement.
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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 Dr. D’Andre 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 6821 as Recorded in the office of the City Clerk
Vacation-2024-0025: (639 W. Martin Luther King Jr Blvd./University of Arkansas, 522): An
ordinance to approve VAC-24-25 for property located at 639 West Martin Luther King Jr
Boulevard in Ward 1 to vacate 0.08 acres of utility easement.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the request. He stated
the only issue staff had identified with the request was that the area had a waterline within it that
was associated with a hydrant that was originally put in to serve 639 West Martin Luther King Jr.
Blvd. He stated staff recommended approval of the request, with the condition being that the
building needed to be demolished prior to the easement being vacated and finalized, and that any
damage or relocation to the existing facilities will be at the applicant’s expense. He noted Chase
Henrichs was online as the applicant.
Chase Henrichs, Applicant with DCI stated he was available for questions.
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Berna seconded the motion. Upon roll call the motion passed 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 Dr. D’Andre 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.
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Ordinance 6822 as Recorded in the office of the City Clerk
Planned Zoning District-2024-0007: (8049 W. Wedington Dr./ Buffalo Leasing LLC, 432):
An ordinance to approve a Planned Zoning District entitled PZD-2024-007 for approximately 3.85
acres located at 8049 West Wedington Drive in Ward 4.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the request. He then
spoke of how staff found the request to be compatible and that the properties tree preservation
would remain the same. He stated the property did not have access to sewer and that it was likely
the property had been developed with septic. He then briefly described the site’s topography and
spoke of how it was relatively flat. He stated staff had received one piece of public inquiry on the
item that was neither opposed or supportive of the request and the Planning Commission forwarded
it to the City Council unanimously. He noted Mike Butler was present as the applicant for the item.
Walter Potapov, Property Owner was available for questions.
Council Member Wiederkehr moved to suspend the rules and go to the second reading.
Council Member Dr. D’Andre Jones 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 Dr. D’Andre 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 6823 as Recorded in the office of the City Clerk
Announcements:
Susan Norton, Chief of Staff announced that the Animal Services Department would be adopting
pets for free throughout the month of December. She also announced that Experience Fayetteville
would be hosting a parade tomorrow night.
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December 4, 2024
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City Council Agenda Session Presentations:
Sales Tax Report - Chief Financial Officer and Energy Report - Environmental Director
Housing Crisis Task Force Update - Susan Norton (Chief Of Staff)
City Council Tour: None
Adjournment: 10:40 p.m.
__________________________________ _____________________________
Mayor Kara Paxton, City Clerk Treasurer