HomeMy WebLinkAbout2025-04-01 - Minutes -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
Mayor Molly Rawn
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
April 1, 2025
City Council Meeting Minutes
April 1, 2025
Page 1 of 11
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 Min. Monique Jones
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on April 1, 2025 at 5:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Rawn called the meeting to order.
PRESENT: Council Members Robert B. Stafford, Doctor D'Andre Jones, Sarah Moore,
Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Minister Monique Jones, Mayor
Molly Rawn, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Interim Chief
of Staff Keith Macedo, Chief Financial Officer Steven Dotson, Staff, Press and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
Sales Tax & Monthly Financial Report - Chief Financial Officer
Steven Dotson, Chief Financial Officer gave a brief description of the Sales Tax and Monthly
Financial Report. He stated that for the year to date, the City and County sales taxes were up
approximately 6.7% compared to last year. He then went on to explain how in looking at the sales
tax numbers on a year to date basis compared to budget, the City was up a combined 3.6%. He
gave a brief description of the percentages within the Monthly Financial Report, and stated that all
in all, the General Fund revenues were up approximately 1.3% compared to budget, the Street
Fund was down about 2%, the Parking Fund was down approximately 3%, The Parks Development
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April 1, 2025
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Fund was up 12.3%, the Water and Sewer Fund was down 1.2%, the Recycling and Trash
Collection Fund was up 16% and the Airport Fund sales were down 28% but flights had increased.
Agenda Additions: None
Consent:
Approval of the March 18, 2025 City Council Meeting Minutes
APPROVED
Natural State Streams (Service Agreement): A resolution to waive competitive bidding and
approve a one-year maintenance contract with Natural State Streams, LLC in the amount of
$55,000.00 to aid in the establishment of native vegetation and perform minor adjustments within
the stream.
Resolution 84-25 as recorded in the office of the City Clerk
Yvonne Richardson Community Center (Change Order #1): A resolution to approve Change
Order No. 1 to the contract with Moser Construction, LLC in the amount of $677,954.55 for the
construction of Buddy Hayes Park and existing building renovations, to approve a project
contingency in the amount of $34,394.00, and to approve a budget adjustment.
Resolution 85-25 as recorded in the office of the City Clerk
Friends of YRCC (Annual Program Donation): A resolution to approve a budget adjustment in
the amount of $33,160.00 representing donation revenue from Friends of YRCC to fund the 2025
programs offered at the Yvonne Richardson Community Center.
Resolution 86-25 as recorded in the office of the City Clerk
SSI of Northwest Arkansas (Service Agreement): A resolution to award Bid 25-24 and approve
a contract with Structural Systems, Inc. of Northwest Arkansas D/B/A SSI of Northwest Arkansas
in the amount of $902,670.13 for Phase 1 Construction Improvements to Bryce Davis Community
Park, to approve a project contingency in the amount of $90,267.00, and to approve a budget
adjustment.
Resolution 87-25 as recorded in the office of the City Clerk
Specialized Real Estate Group, Inc. (Cost Share Agreement): A resolution to approve a cost
share agreement with Specialized Real Estate Group, Inc. in an amount not to exceed $64,000.00
for park improvements near the Southyard Development, and to approve a budget adjustment.
Resolution 88-25 as recorded in the office of the City Clerk
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Henard Utility Products, Inc. (Purchase Agreement): A resolution to approve the purchase of
1,300 Badger Cellular water meters in the amount of $642,250.00 from Henard Utility Products,
Inc. plus any applicable taxes and freight charges, and to approve a budget adjustment.
Resolution 89-25 as recorded in the office of the City Clerk
Utility Service Co., Inc. (Construction Contract): A resolution to award Bid 25-23 and authorize
a contract with USC, Inc. in the amount of $734,900.00 for painting and rehabilitation of the one
million gallon Baxter ground water storage tank, and to approve a project contingency in the
amount of $73,490.00.
Resolution 90-25 as recorded in the office of the City Clerk
City of Elkins Sewer Service Agreement (Amendment No. 1): A resolution to approve
Amendment No. 1 to the 15 year contract for sanitary sewer service between the cities of Elkins
and Fayetteville.
Resolution 91-25 as recorded in the office of the City Clerk
Project Safe Neighborhoods (Grant Award): A resolution to authorize acceptance of a Project
Safe Neighborhood Grant Award in the amount of $30,121.00 for the Fayetteville Police
Department, and to approve a budget adjustment.
Resolution 92-25 as recorded in the office of the City Clerk
Council Member Berna moved to accept the Consent Agenda as read. Council Member
Stafford seconded the motion. Upon roll call the motion passed unanimously.
Unfinished Business:
Disclosure of Rental Fees and Costs (Ordinance): An ordinance to enact § 120.03 Disclosure
of Rental Fees and Costs for leased residential properties in the City of Fayetteville. At the March
4, 2025 City Council meeting this ordinance was left on the first reading. At the March 18, 2025
City Council meeting this ordinance was left on the second reading.
There was a brief discussion between Mayor Rawn and City Attorney Kit Williams regarding a
sponsor's ability to table items. Council Member Moore requested the item be tabled to the May
6, 2025 City Council meeting due to there being a desire to have additional meetings around the
topic and potential amendments. Council Member Stafford stated that if that was a motion to table
the ordinance he would second it. City Attorney Kit Williams noted that oftentimes, if an item was
on the agenda and people were present to speak, the Mayor had occasionally allowed them to speak
before the item was tabled. Mayor Rawn questioned whether there were any members of the public
present to speak on the item and if so, they could come forward now.
The City Council received 1 public comment regarding this ordinance.
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Council Member Moore moved to table the ordinance to the May 6, 2025 City Council
meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed
unanimously.
This ordinance was tabled to the May 6, 2025 City Council meeting.
New Business:
Appeal: Conditional Use Permit-2024-0054: (611 N. Oliver Ave,/JD Riggins Family
Holdings, 443): A resolution to grant the appeal of Council Members Sarah Bunch, D'Andre
Jones, and Mike Wiederkehr and deny Conditional Use Permit CUP 2024-054 for a Type 2 Short -
Term Rental at 611 North Oliver Avenue.
Jonathan Curth, Development Services Director gave a brief description of the resolution. He
went on to explain how the property would be permitted to have 10 potential occupants as a short-
term rental, and that there was the ability to park four vehicles onsite. He described the property
and the conditions that staff had evaluated with the request. He stated there had been quite a bit of
public comment received on the request, most of it regarding the concentration or density of type
two short-term rentals in the area. He stated staff recommended approval of the request and the
Planning Commission supported it at their February 24, 2025 meeting by a vote of five to one,
with a condition that if a conditional use permit were approved, it would only be transferable to
family. He noted Larry McCredy was present to speak on behalf of the property owner.
Mayor Rawn questioned if a Council Member that had brought the item forward would like to
speak. Council Member Bunch stated she had agreed to back the appeal after speaking with
individuals in the neighborhood. She stated the applicant for the appeal, Julia Kennefick, was
available and could speak further on the topic. There was then a brief discussion between Council
Member Min. Jones and Jonathan Curth regarding excessive density. Jonathan Curth provided a
brief summary of how short term rentals could impact density and infill.
Julia Kennefick, Appeal Applicant spoke of how she lived in the neighborhood. She then brought
up how a home nearby had been denied by the Planning Commission for a conditional use permit
recently on the basis of concentration of short-term rentals. She then went on to display the short-
term rentals that were within the area already operating and of how the area was well over the 2%
density for short-term rentals and was at a density of 5.5%. She spoke of how the availability of
housing and long term rental properties within the City was a problem and that many of the short-
term rental properties sat vacant for long periods of time. She then displayed an image of the homes
within the area that were second homes for individuals and were only used for game days or parties.
She brought up property values and how they had doubled in the recent years, and how it was
difficult for individuals to rent or buy homes. She went on to speak of how there was no on street
parking in the neighborhood and how she felt as though the request was not compatible.
Council Member Berna requested that City Attorney Kit Williams clarify the memo he had sent
regarding the item.
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City Attorney Kit Williams briefly explained how the City Council was sitting as if they were
the Planning Commission, and that his memo had outlined those details as well as the different
things the City Council could consider with the appeal. He stated the Planning Commission had
approved the request by a five to one vote, but that didn't mean the City Council was bound to
accept those recommendations or that approval.
Council Member Berna stated he had concerns with the Planning Commission stipulating that
once approved, the property could not transfer the conditional use permit to anyone other than
family. He questioned if that could legally be done.
City Attorney Kit Williams spoke of how the Planning Commission was granted a lot of
discretion when reviewing conditional uses and could come up with separate conditions they felt
were warranted in certain situations. He clarified that he had not heard the Planning Commissions
discussion, but evidently, they felt there was some reason to have it stay within the family.
Larry McCready, Attorney with RNP Law Firm and Representative of Property Owner provided
a brief history of the property, and how the owner had invested into and renovated the property to
match how it had traditionally looked to maintain its historical value. He stated the property owner
wanted to use the site as a short-term rental so that when individuals came to visit the City, they
would have the opportunity to experience the historic home. He addressed the concerns around
there being 10 occupants on the property by stating that it was within the City's guidelines, and
that staff had studied the compatibility issue and found the request to be compatible with the
neighborhood. He then addressed the concerns around on -street parking by stating the property
owner understood that it was not allowed, and that he was not asking to park on street due to the
property being big enough to accommodate four vehicles. He continued on to describe the property
and how the property owner had waited his turn to apply for the short-term rental application for
nearly a year. He then went on to talk about density and how there were approximately six short-
term rentals operating in the area, but the City only had a 2% cap city wide, not neighborhood by
neighborhood, and that in reviewing the request, the Planning Commission and City staff did not
find density to be a problem. He addressed a comment Julia Kennefick stated regarding a different
short-term rental application being denied by stating that had been done after this one had been
approved, so that denial couldn't be used as a basis of denial. He went on to speak of how housing
was an issue within the City, but he did not believe that it was being driven by short-term rentals.
The City Council received 6 public comments regarding this resolution.
Council Member Turk briefly spoke of the history of the property and how she lived nearby. She
then mentioned how the neighborhood was being considered under a historic district designation.
She spoke of housing stock within the City and how the proliferation of short-term rentals was a
contributing factor to the housing issue. She would be supporting the appeal and voting against the
conditional use permit for all the reasons she mentioned, as well as density concerns. She noted
that the area had well over 5% of short-term rentals in the neighborhood and felt the neighborhood
was overburdened and overtaxed by those rentals.
Council Member Berna spoke of how the property owner had done what he was supposed to in
meeting the City's guidelines. He went on to speak of the occupancy for short-term rentals and
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how there was a gap within code that had been discussed. He referenced parking and how he
believed four cars would fit in the parking area, and that if there were violations, there was a way
for that to be reported. He spoke of the density concerns and how the City had a 2% cap on short-
term rentals and that was city wide, not just radiance wide. He spoke of the work that had been
done on the property and its historic value and how he felt the property owner was going to take
care of the property and wouldn't let it be abused. He felt that property owners had the right to do
with their property as they saw fit, so long as it conformed to the City's rules, which he felt the
property did. He would not be supporting the appeal.
Council Member Stafford agreed with Council Member Berna and felt the City Council had to
take into consideration the hard work that staff and the Planning Commission did, and he generally,
unless there was a significant reason, would not second guess that hard work. He referenced the
map that had been displayed regarding proximity of other short-term rentals and how he felt the
circle had been off center of the property, and that he had to look at what staff showed which was
a quarter mile from the property. He did not feel that the request was taking away extra housing
and worried that if the property owner was not able to do this with the property, they might sell it,
and a developer could buy it and tear down the historic home and replace it with more units. He
then went on to speak of how having a historical property as a short-term rental could encourage
and attract certain types of individuals to the area that were interested in its history and uniqueness.
He stated the property owner had obliged the City's rules and had not operated the site illegally
while waiting their turn, he did not see any major issues and would not be supporting the appeal.
Council Member Wiederkehr stated he had appreciated the respect and courtesy of the neighbors
that had wanted to appeal the item and thanked them for their decorum. He also respected the
homeowner. He had concerns with parking due to the streets in the area, and worried about the
occupant load of 10 individuals on the property. He stated the way to get his support for the request
would be to voluntarily restrict it so that there wouldn't be five couples with five cars on the
property, creating a situation where the street widths were substandard.
There was then a brief discussion between Council Member Moore and Jonathan Curth regarding
historic districts and how the implementation of one might affect short-term rentals. Jonathan
Curth briefly explained how historic districts did not by default prohibit short-term rentals.
Council Member Moore struggled with the request but appreciated the information that had been
provided by the neighborhood and felt empathetic. She then went on to explain how if the City
Council said no to the short-term rental, it would likely cause the things individuals were concerned
about, and that the home would sit vacant, which she did not feel went towards the City's goals.
She stated the property owner had followed the procedures the Planning Commission had
approved, and she would not be supportive of the appeal.
Council Member Min. Jones stated she would not want to hinder changing the request and the
house end up still being vacant in the neighborhood and that if the property were sold to someone
else, it could change the whole dynamic of the neighborhood. She stated the property owner had
retained the historical property, had conformed to the City's rules and guidelines and had waited
his turn and didn't have any violations. She stated the biggest issue she had heard of was in regard
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to parking, but she went back to what the Planning Commission and staff recommended, which
was approval, and she would struggle to go against that recommendation.
Council Member Berna asked if the applicant would be willing to stipulate on the occupancy.
Larry McCredy stated they would have no objection to agreeing to limit occupancy to eight.
Mayor Rawn requested clarification on whether occupancy would be limited or if the number of
vehicles would be limited, because eight people could bring eight cars, or ten people could bring
three cars.
Council Member Wiederkehr stated he typically viewed the pattern of couples traveling together
to meet at a single home and viewed the limit of eight to correlate perfectly to the amount of cars,
because he believed it gave greater assurance that the four cars were most likely and could fit off
the street safely.
Larry McCredy stated they did not have a problem with that and felt there was plenty of room on
site to accommodate four cars without spillover onto the street.
Council Member Bunch stated that after listening to everyone's input, there were many things
discussed that she felt went beyond the City Council's scope of what they could influence. She felt
that the two things she could review was compatibility and parking, and she felt that after listening
to everything, there was enough parking to handle four cars off street, and that if someone was
causing a problem, their license could be pulled, and they could no longer legally rent the property
as a short-term rental. She spoke of how the property owner had invested money into the property
and tried to maintain its character while following the City's processes and rules. She believed that
short-term rentals caused problems, due to being vacant a lot of times, but she was not quite sold
that it was incompatible with the neighborhood or caused a parking problem.
There was then a brief discussion between the City Council and City Attorney Kit Williams
regarding how occupancy on the property could be limited. City Attorney Kit Williams stated the
City Council would need to vote to grant the appeal, then amend the conditional use permit to limit
the number of allowed tenants to eight and then approve the amended conditional use with all of
the other conditions as determined by the Planning Commission. Council Member Stafford stated
he had issues with making special rules that felt arbitrary for people, and he would motion that the
City Council deny the appeal. City Attorney Kit Williams stated it would need to be a motion to
approve the appeal, because the burden was on the person challenging the commission decision.
Council Member Turk felt that there was a compatibility issue and wanted to remind the City
Council of the conversations that had been had in regard to the density of short-term rentals. She
then went on to speak of how the neighborhood was at 5.5% density, which was more than two
times the City's overall cap, just in the neighborhood alone. She requested that the City Council
reconsider the item and how it was not compatible with the City's goals, ideas and with the historic
neighborhood.
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Mayor Rawn referenced the 5.5% that Council Member Turk brought up and questioned if the
2% cap was City wide or if it meant that no neighborhood would exceed that percentage.
Jonathan Curth stated that the 2% cap was not in code anymore, but that it had been incorporated
by the Planning Commission during their drafting of the short-term rental ordinance at one point,
which was a 2% cap for the City, so that as the City grew, the number of short-term rentals would
grow. He stated that more recently, the City Council had perceived how many short-term rentals
were being approved, and had concerns, so they went from the 2% cap to having a cap of 475.
Mayor Rawn clarified that the 2% cap was not relevant anymore, it was the total number.
Council Member Turk requested clarification on the yes versus no vote for the item.
City Attorney Kit Williams stated that if the resolution passed, the appeal would be granted, and
the conditional use permit would be denied. He clarified that a yes vote would grant the appeal
and deny the conditional use.
Council Member Stafford moved to approve the resolution. Council Member Min. Jones
seconded the motion. Upon roll call the resolution failed 4-4. Council Member Dr. Jones,
Wiederkehr, Bunch and Turk voted yes. Council Member Moore, Berna, Min. Jones and
Stafford voted no.
There was a brief discussion between Mayor Rawn and City Attorney Kit Williams regarding
whether the Mayor would like to vote. Mayor Rawn declined to vote on the item. She went on to
ask that the property owner consider doing something to restrict/limit vehicles at the property,
because she recognized that it could be problematic for the neighborhood.
This resolution failed.
Repeal Ordinance 6315/6329 & Approve 3.5% Fee Assessment (Ordinance): An ordinance to
repeal Ordinance 6315 and Ordinance 6329 and approve the assessment of a 3.5% fee for certain
credit card and debit card transactions.
City Attorney Kit Williams read the ordinance.
Keith Macedo, Interim Chief of Staff gave a brief description of the ordinance. He went on to
explain how a majority of the larger transactions made by customers within the City were paid by
E-Check, rather than by credit card. He would be available for any questions.
Council Member Min. Jones asked if the fee would be passed to the customer, not the City.
Keith Macedo answered yes and clarified that Development Service related fees were the only
fees within the City that customers had to pay, while all the other fees related to credit cards were
absorbed by the City.
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Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Min. Jones seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6856 as Recorded in the office of the City Clerk
Stormwater Utility (Personnel and Equipment Plan): A resolution to approve the addition of
nine full time equivalent positions to support the new stormwater utility, to establish a new
Stormwater Management Enterprise Fund, to authorize a loan from the General Fund to provide
temporary funding for the stormwater utility, and to approve a budget adjustment.
Chris Brown, Public Works Director gave a brief description of the request and of what the
positions within the request would be responsible for. He stated that the loan mentioned within the
request would be from the General Fund to cover initial expenses prior to the City collecting
revenue from the storm water fund.
There was then a brief discussion between Council Member Min. Jones and Chris Brown regarding
how there would be nine positions approved for the request, and that the yearly staffing costs
would be just under $700,000 while equipment costs would be around a million dollars. Chris
Brown clarified that two positions would be needed immediately: the GIS Analyst position and
the Billing Coordinator position. He stated the other positions would be filled after the City began
acquiring revenue from the fund in August. He stated the goal was for the stormwater crew to have
all the equipment procured so that in August, staff could begin the work as soon as possible.
Council Member Wiederkehr moved to approve the resolution. Council Member Berna
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 93-25 as recorded in the office of the City Clerk
Rezoning-2025-0005: (1791 N. Garland Ave/Jmax Properties LLC, 365): An ordinance to
rezone the property described in Rezoning Petition RZN 2024-05 for approximately 0.40 acres
located at 1791 North Garland Avenue 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 gave a brief description of the ordinance. He
stated staff found the request to be compatible from a land use standpoint and from an adopted
plan standpoint. He went on to speak of how the request would reduce the tree preservation
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requirements on the site from 25% to 15% and that staff had noted there to be some wet weather
sewer capacity issues nearby, however it was not anticipated that this would result in an aggravated
condition. He briefly shared traffic data for the area. He stated public comment had been received
on the request, with concerns regarding privacy and the uniformity of the area being compromised
with the rezoning. He stated staff recommended approval of the request and that the Planning
Commission had forwarded it to the City Council by a vote of six to three. He noted Brian Teague
was present as the applicant for the item.
Brian Teague, Owner of Community By Design stated he was present to represent the owner of
the property. He went on to speak of how the owner had approached him regarding wanting to
build additional dwelling units at the rear of the existing home on the property. He then gave a
brief description of the request and of the site's proximity to local amenities. He explained how
the public comment he had received had been both in opposition and in support. He clarified that
they did not currently have a development plan ready and went on to describe various projects that
he had completed within the City under the requested zoning district.
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 Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council
Member Moore, Wiederkehr, Berna, Bunch, Min. Jones and Stafford voted yes. Council
Member Turk voted no. Council Member Dr. Jones was absent for the vote.
Ordinance 6857 as Recorded in the office of the City Clerk
Rezoning-2025-0004: (809 W. Kelley St./ Park Avenue,366): An ordinance to rezone the
property described in Rezoning Petition RZN 2024-04 for approximately 0.26 acres located at 809
West Kelley Street 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 gave a brief description of the ordinance. He
stated staff found the request to be compatible and consistent from the City's long range planning
standpoint. He briefly spoke of the properties infill attributes and went on to explain how the tree
preservation requirements on the site would reduce from 25% to 15%. He spoke of traffic in the
area and how the site had triple frontage lot access. He stated staff recommended in favor of the
request and the Planning Commission forwarded it to the City Council by a vote of nine to zero.
He stated staff had received no public comment on the item and noted Jeremy Kennedy was present
as the applicant for the request.
There was a brief discussion between Council Member Min. Jones, Council Member Turk and
Jonathan Curth regarding access to the property if it were rezoned. Jonathan Curth clarified that if
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the property were redeveloped, the City's Development Code required the site to access the lower
classification street by right, which would be Kelly Street. They then discussed a property within
Fayetteville that had two access points.
Jeremy Kennedy, Applicant stated they were available to answer any questions and clarified that
they had no intention of trying to have vehicular access onto Sycamore Street from the property.
Council Member Stafford moved to suspend the rules and go to the third and final reading.
Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council
Member Moore, Wiederkehr, Berna, Bunch, Turk, Min. Jones and Stafford voted yes.
Council Member Dr. Jones was absent for the vote.
City Attorney Kit Williams read the ordinance.
Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council
Member Moore, Wiederkehr, Berna, Bunch, Turk, Min. Jones and Stafford voted yes.
Council Member Dr. Jones was absent for the vote.
Ordinance 6858 as Recorded in the office of the City Clerk
Announcements
Keith Macedo, Interim Chief of Staff announced there would be a free shredding event at the
Recycling and Trash campus on Happy Hollow Road over the weekend. He also announced that
the City of Fayetteville's Fire Department had been awarded accreditation status with a Class I
Insurance Safety Office rating.
City Council Agenda Session Presentations: None
City Council Tour: None
Adjournment: 7:49 p.m.
Molly Rawn, Mayor
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Kara Paxton, City Clerk Treasurer
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