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HomeMy WebLinkAbout2025-01-07 - Minutes - City Council Meeting Minutes January 7, 2025 Page 1 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting January 7, 2025 A meeting of the Fayetteville City Council was held on January 7, 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 Paul Becker, Staff, Press and Audience. Oaths of Office City Clerk Treasurer - Kara Paxton Council Member Ward 1, Position 2 - Dr. D'Andre Jones Council Member Ward 2, Position 2 - Mike Wiederkehr Council Member Ward 3, Position 2 - Sarah Bunch Council Member Ward 4, Position 2 - Min. Monique Jones Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Firemen’s and Policemen’s Pension and Relief Fund – Mayor Rawn Mayor Rawn provided a brief summary of the Firemen’s and Policemen’s Pension and Relief Fund report. She spoke of how the local fire retirement and relief fund had consolidated with LOPFI, and therefore this report would focus on the local police retirement and relief fund. She stated that at this time, there were 36 police retirees and beneficiaries receiving payments from the 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 Mayor Molly A Rawn 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 City Council Meeting Minutes January 7, 2025 Page 2 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov fund and gave a brief description of the fund report. She went on to state that in the annual reports issued by the Arkansas Pension Review Board, the police pension fund had not been considered actuarily sound, but that current assets and projected income were estimated to be enough to pay promised future benefits at this time. She stated that the local police pension board of trustees did not request consolidation with LOPFI in 2024, and that she would continue to monitor this pension in the future and keep the City Council apprised of any new developments as necessary. City Council Meeting Presentations, Reports, and Discussion Items: Election of Vice Mayor - City Council City Attorney Kit Williams gave a brief overview of the City Council’s Rules of Order and Procedure as it related to the election of a Vice Mayor. Council Member Stafford nominated himself for the role of Vice Mayor. Council Member Turk nominated Council Member Bunch for the role. Council Member Berna also nominated Council Member Bunch. Mayor Rawn questioned if there were any other nominations. No other nominations were spoken. Mayor Rawn called for a vote on the nominations. Council Member Wiederkehr, Berna, Bunch, Turk and Moore voted for Council Member Bunch. Council Member Min. Jones, Stafford and Dr. Jones voted for Council Member Stafford. Upon roll call, Council Member Bunch was elected as Vice Mayor. Council Member Bunch was elected Vice Mayor. Monthly Financial Report - Chief Financial Officer Paul Becker, Chief Financial Officer gave a brief summary of the monthly financial report. He stated that when reviewing the General Fund property taxes, the City was down roughly 9% compared to estimate, sales tax were down roughly 6%, franchise and alcoholic beverage fees were down 3%, building permits were up 22%, turnback was up 2.3%, charges for services were flat and court fees were up 18%. He stated that the General Fund was down roughly 3.7%. He then went on to correct a statement he had made at the previous Agenda Session meeting by stating that he now anticipated the City to have a revenue shortfall of approximately 2 million dollars by the end of the year. He stated the Street Fund was down 3%, the Parking Fund was down 3%, the Parks Development Fund was up roughly 1%, Water and Sewer billing was flat, Recycling and Trash Collection was down 2% and Airport gasoline sales were up 4.5% and flights were up 3%. City Council Meeting Minutes January 7, 2025 Page 3 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Agenda Additions: None Consent: Approval of the December 4, 2024 City Council Meeting Minutes APPROVED Approval of the December 17, 2024 City Council Meeting Minutes APPROVED Seven Hills Homeless Center (Service Contract): A resolution to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $125,370.00 for services to homeless and needy residents beginning January 1, 2025 and ending December 31, 2025. Resolution 1-25 as recorded in the office of the City Clerk Genesis Church of Fayetteville (Litter Abatement Program): A resolution to approve Amendment 3 to the Memorandum of Agreement with Genesis Church of Fayetteville for continuation of a litter abatement program through 2025 in an amount not to exceed $200,000.00. Resolution 2-25 as recorded in the office of the City Clerk Arkansas Department of Aeronautics (Grant Application): A resolution to authorize the Mayor to apply for and accept an Arkansas Department of Aeronautics grant in the amount of $36,922.00 for storm drainage system repairs completed as part of the FYV Runway Pavement and Lighting Rehabilitation Project at Drake Field Airport, and to approve a budget adjustment. Resolution 3-25 as recorded in the office of the City Clerk Olsson, Inc. (Amendment No. 1): A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Olson, Inc. in the amount of $116,225.00 for final engineering design related to upgrades needed at the Mally Wagnon sewer lift station. Resolution 4-25 as recorded in the office of the City Clerk Arkansas Department of Transportation (Land Donation): A resolution to authorize Mayor Rawn to convey 0.08 acres of right-of-way to the Arkansas State Highway Commission for use on the Highway 412 Springdale Bypass Project. Resolution 5-25 as recorded in the office of the City Clerk City Council Meeting Minutes January 7, 2025 Page 4 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Hawkins-Weir Engineers, Inc. (Contract Amendment 5): A resolution to approve Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in the amount of $169,800.00 for construction observation services associated with the project to alleviate flooding near the North College Avenue and East Sunbridge Drive intersection, and to approve a budget adjustment– 2019 Drainage Bond Project. Resolution 6-25 as recorded in the office of the City Clerk Mud Creek Flood Study (Cost Share Agreement): A resolution to approve a cost share agreement with Fayetteville Public Schools in the amount of $27,500.00 for a detailed engineering flood study of Mud Creek from North Crossover Road to the city limits in association with the relocation of East Joyce Boulevard. Resolution 7-25 as recorded in the office of the City Clerk Farmington Branch Flood Study (Cost Share Agreement): A resolution to approve a cost share agreement with Fayetteville Public Schools and Titan TLH, LLC. in the amount of $33,050.00 for a detailed engineering flood study of the Farmington Branch Floodplain. Resolution 8-25 as recorded in the office of the City Clerk Randall Ford of Fort Smith (Purchase Contract): A resolution to approve the purchase of five work trucks from Randall Ford of Fort Smith, pursuant to Ordinance 6491, in the total amount of $319,072.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, and to approve a budget adjustment. Resolution 9-25 as recorded in the office of the City Clerk Premier Trailer Sales, LLC. (Purchase Contract): A resolution to approve the purchase of two tandem axle trailers from Premier Trailer Sales, LLC. In the total amount of $29,780.00 plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 10-25 as recorded in the office of the City Clerk Rush Truck Centers of Lowell (Purchase Contract): A resolution to authorize the purchase of two dump trucks from Rush Truck Centers of Lowell in the total amount of $496,357.88, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 11-25 as recorded in the office of the City Clerk Chevrolet of Fayetteville (Purchase Contract): A resolution to approve the purchase of three Chevrolet Tahoe special service vehicles from Chevrolet of Fayetteville, pursuant to Ordinance 6491, in the total amount of $167,994.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price. City Council Meeting Minutes January 7, 2025 Page 5 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 12-25 as recorded in the office of the City Clerk WT Transfer Holdings, LLC. (Purchase Contract): A resolution to authorize the purchase of one mini-excavator, five mowers, and one attachment from WT Transfer Holdings, LLC. of Springdale in the total amount of $169,900.42, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 13-25 as recorded in the office of the City Clerk JA Riggs, Co. of Springdale (Purchase Contract): A resolution to authorize the purchase of one excavator, one wheel loader, three backhoes and various attachments from JA Riggs Co. of Springdale in the total amount of $760,922.97, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 14-25 as recorded in the office of the City Clerk Lewis Ford Sales, Inc. (Purchase Contract): A resolution to approve the purchase of eight ford vehicles with additional upfit and snow removal equipment from Lewis Ford Sales, Inc. in the total amount of $374,399.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price. Resolution 15-25 as recorded in the office of the City Clerk Parts, Tear Down, Inspect and Repair Services (Resolution): A resolution to approve the purchase of parts and repair services from original equipment manufacturers or their authorized vendors to tear down, inspect, repair, and maintain warranty where applicable for vehicle and equipment repairs as needed through December 31, 2025, within the approved budget. Resolution 16-25 as recorded in the office of the City Clerk Pavement Marking Installation (Bid 25-01): A resolution to award Bid #25-01 and authorize the purchase of pavement marking installation from Time Striping, Inc. and Arkansas Sign & Barricade in variable amounts and for varying unit prices as needed through the end of 2025. Resolution 17-25 as recorded in the office of the City Clerk Asphalt Paving Services (Bid 25-04): A resolution to award Bid #25-04 and authorize the purchase of asphalt paving services from Tomlinson Asphalt as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2025. Resolution 18-25 as recorded in the office of the City Clerk Concrete Materials (Bid 25-05): A resolution to award Bid #25-05 and authorize the purchase of concrete materials from Tune Concrete as primary supplier in variable amounts and for varying unit prices and to authorize the use of other bidders based on price and availability as needed through the end of 2025. City Council Meeting Minutes January 7, 2025 Page 6 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 19-25 as recorded in the office of the City Clerk Aggregate Materials (Bid 25-06): A resolution to award Bid #25-06 and authorize the purchase of aggregate materials from Hunt-Rogers Materials, LLC. as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2025. Resolution 20-25 as recorded in the office of the City Clerk Asphalt Materials (Bid 25-07): A resolution to award Bid #25-07 and authorize the purchase of asphalt materials from Emery Sapp & Sons, Inc. as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2025. Resolution 21-25 as recorded in the office of the City Clerk Drainage Pipe (Bid 25-08): A resolution to award Bid #25-08 and authorize the purchase of plastic drainage pipe from Ferguson Waterworks in variable amounts and for varying unit prices as needed through the end of 2025. Resolution 22-25 as recorded in the office of the City Clerk Precast Drainage Pipe & Structures (Bid 25-09): A resolution to award Bid #25-09 and authorize the purchase of precast drainage pipe & structures from Scurlock Industries of Fayetteville as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2025. Resolution 23-25 as recorded in the office of the City Clerk High Performance Cold Mix (Bid 25-11): A resolution to award Bid #25-11 and authorize the purchase of high performance cold mix asphalt from Emery Sapp & Sons, Inc. as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2025. Resolution 24-25 as recorded in the office of the City Clerk Preformed Thermoplastic Pavement Markings (Bid 25-13): A resolution to award Bid #25-13 and authorize the purchase of preformed thermoplastic pavement markings from Geveko Markings in variable amounts and for varying unit prices as needed through the end of 2025. Resolution 25-25 as recorded in the office of the City Clerk Lighting (Bid 25-14): A resolution to award Bid #25-14 and authorize the purchase of lighting from Premier Lighting Group in variable amounts and for varying unit prices as needed through the end of 2025. Resolution 26-25 as recorded in the office of the City Clerk City Council Meeting Minutes January 7, 2025 Page 7 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Truck Hauling Services (Bid 25-15): A resolution to award Bid #25-15 and authorize the purchase of truck hauling services from Haul Agent Enterprises, LLC. as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2025. Resolution 27-25 as recorded in the office of the City Clerk Screened Topsoil (Bid 25-16): A resolution to award Bid #25-16 and authorize the purchase of screened topsoil from Blue Ribbon Site Services, LLC. and N.E.C., Inc. depending on availability and distance, in variable amounts and for varying unit prices as needed through the end of 2025. Resolution 28-25 as recorded in the office of the City Clerk Unscreened Topsoil (Bid 25-17): A resolution to award Bid #25-17 and authorize the purchase of unscreened topsoil from Blue Ribbon Site Services, LLC. as needed through the end of 2025. Resolution 29-25 as recorded in the office of the City Clerk Parti Investments, LLC. (Condemnation): A resolution to authorize the City Attorney to seek condemnation and possession of additional lands owned by Parti Investments, LLC. needed for the Highway 71B Corridor Project. Resolution 30-25 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: None New Business: Tree Planting Services (Bid 25-03): A resolution to award Bid #25-03 and authorize the purchase of tree planting services from Building Exteriors, Inc. as needed through the end of 2025. John Scott, Urban Forester stated he was available for any questions. Council Member Turk appreciated John Scott for sending additional information on the item and felt that the bid package with the specifications had been well done. She noticed that within the bid, contractors were required to water the trees for a year. She asked what the trees survival rates were after one year and if there was an opportunity to require the trees be watered for three years. John Scott stated staff sent reminders as much as possible for watering the trees, and that at the end of one year, whatever trees were not surviving the City would make the contractors replace, which put the survival rate at 100%. He stated staff had discussed longer contracts in the past, but City Council Meeting Minutes January 7, 2025 Page 8 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov they had been considered to be cost prohibitive and had not received a lot of interest from bidders and companies. He noted that it was also difficult for contractors to water the trees for so long unless they had watering trucks, so after one year, the City took over the tree maintenance. Council Member Turk questioned if the City often had the same contractor or if there were different companies each year. John Scott stated the City had only done the bulk bid for three years now, and had used the lowest bidder, which had been Building Exteriors. Council Member Turk asked for clarification on what the term final acceptance meant. John Scott explained that final acceptance was when the City inspected the trees after the contractors planted said trees. He went on to clarify how that was when the City would receive the invoice and pay the contractors and would then monitor the trees for a year. There was then a brief discussion between Council Member Turk and John Scott regarding if the trees were planted in October, would that be considered the final acceptance, and would the trees therefore need to be watered for a whole year thereafter. John Scott answered that if the tree plantings were finished in October, then yes. Council Member Turk questioned what kind of data and information the contractors provided the City with for monitoring. John Scott stated the City did not ask for the contractors to give staff a report, that staff actually provided the contractors the data they needed to plant the trees. He then went on to explain how staff had the ability to put that information into GIS. Council Member Moore moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 31-25 as recorded in the office of the City Clerk Justice Assistance Grant Local Solicitation (Grant Award): A resolution to authorize acceptance of the 2024 Justice Assistance Grant Local Solicitation Grant Award in the amount of $73,927.00 to provide funding for law enforcement training, equipment, and supplies, and to approve a budget adjustment. Mike Reynolds, Chief of Police stated the item had been pulled from the Consent Agenda at the last City Council Agenda Session by Council Member Moore. He was available to provide any additional information. Council Member Moore clarified that the Consent Agenda was used for when the City Council was in full agreement on an item, but she had had concerns regarding the request. She went on to speak of how she believed the war on drugs had been a failed policy in the community and that it City Council Meeting Minutes January 7, 2025 Page 9 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov was a public health crisis. She stated there was evidence and data available that suggested that the more a City worked on enforcement activities, the less healthy the community would become. She would not be in support of the request tonight and hoped there could be more conversation around the issue in the future. Council Member Dr. Jones requested that Chief Reynolds explain how important accepting the grant was for public safety. Chief Reynolds stated that the grant was the leading source of funding for both state and local jurisdictions, as far as grant funding went. He requested that the City Council approve the use of the funds for leadership and criminal investigation training for the Fayetteville Police Department. He then went on to speak of how important it was for the police department to get the training that new and newly promoted police officers needed to keep the community safe and to stay on the leading edge of trends within law enforcement. Council Member Dr. Jones understood the significance of training and thanked Chief Reynolds. He believed most of the citizens in Fayetteville would appreciate that. Council Member Stafford moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Min. Monique Jones and Moore voted no. Resolution 32-25 as recorded in the office of the City Clerk 2025 Public Safety Equipment (Grant Award): A resolution to authorize the acceptance of a non-matching Public Safety Equipment Grant from the Arkansas Department of Public Safety in the amount of $75,000.00 for the police department to facilitate the secure transfer of video evidence to cloud storage and purchase additional tasers, and to approve a budget adjustment. Police Chief Mike Reynolds gave a brief description of the resolution. He stated the item had been pulled from the Consent Agenda at the previous City Council Agenda Session due to questions from Council Member Moore. He went on to answer the question that had been asked regarding taser deployment statistics; in 2019 tasers had been displayed 22 times and deployed 17 times, in 2020 tasers had been displayed 13 times and deployed 10 times, in 2021 tasers had been displayed 13 times and deployed 10 times, in 2022 tasers had been displayed 21 times and deployed 9 times, in 2023 tasers had been displayed 22 times and deployed 19 times and then in 2024 tasers had been displayed 30 times and deployed 4 times. He stated the Fayetteville Police Department had not had any fatalities associated with the tasers and felt certain that it was an invaluable less lethal weapon that had proven to be effective in incapacitating individuals temporarily and minimized the risk of fatal outcomes and serious injuries to not only officers but members of the community as well. City Council Meeting Minutes January 7, 2025 Page 10 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov There was a brief discussion amongst Council Member Berna and Chief Reynolds regarding how many arrests the Fayetteville Police Department had made in 2024. Chief Reynolds went on to explain how the police department averaged around approximately 2700 arrests per year. Council Member Min. Jones questioned that when an officers taser was displayed, did that automatically cause the officers cameras to turn on. Police Chief Mike Reynolds answered that when an officer pulled their weapon, whether that be their service weapon or a taser, it activated the officers body camera using a signal device. Council Member Min. Jones questioned that with the purchase of new tasers, would the police department also be getting the support of additional body cameras. Police Chief Mike Reynolds answered yes and went on to explain how all uniformed personnel were required to wear body cameras. Council Member Moore appreciated the statistics that Chief Reynolds had shared. She went on to speak of how there were still injuries sometimes associated with the use of tasers and questioned how the police department tracked that and what the procedure was once a taser had been deployed. Police Chief Mike Reynold stated that so far this year, there had been 44 injuries to officers, 68 reported injuries to suspects, with none of those being fatal. He stated that with the use of taser deployments, the police officers were required to call paramedics to the scene to check out the individuals anytime anyone complained of an injury. He then briefly explain how the individuals were evaluated and examined by paramedics and medical staff at the Washington County Jail, depending on the severity. Council Member Berna moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 33-25 as recorded in the office of the City Clerk Teeco Safety, Inc. (Police Department Handgun Replacement): A resolution to award Bid #24- 50 and authorize the purchase of replacement handguns, magazines, optics, weapon lights, and holsters from Teeco Safety, Inc. in the amount of $244,794.00 plus any applicable taxes and freight charges. Police Chief Mike Reynolds spoke of how the requested had been scheduled and budgeted in the 2025 Budget, and that it was to replace the department issued handguns that police officers were required to carry and qualify for on a quarterly basis. He then went on to give a brief description of the resolution and of how he believed the red dot optics and updated technology would assist in the overall proficiency and performance of the Fayetteville Police Department’s officers. He stated Council Member Moore had pulled this from the Consent Agenda at the last City Council Agenda Session for questions. He answered the question she had asked regarding concerns for the proficiency of the officers going from an outdoor range to an indoor range facility. He then briefly City Council Meeting Minutes January 7, 2025 Page 11 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov spoke of how he had taken a sampling of 20 officers, and that moving to an indoor range had improved their scoring from 447 out of 500, to 450 out of 500. He then stated Council Member Bunch had questioned how often officers utilized their firearms for training and how often they were utilized in the line of duty. He answered her question by stating officers trained with the usage of their handguns on an annual basis. He then gave the statistics for the use of the handguns in the line of duty; in 2019 there had been two discharges of a handgun in a deadly force encounter, 2020 had only one occasion, 2021 there were two occasions and in 2023 and 2024 there had been no occasions. He then spoke of other municipalities and their proficiency scores in using red dot sight optics. He was available for any additional questions. Council Member Stafford moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed unanimously. Resolution 34-25 as recorded in the office of the City Clerk § 111.07 Downtown Outdoor Refreshment Area (Amendment): An ordinance to amend § 111.07 Outdoor Refreshment Area of the Fayetteville City Code to adopt a new Downtown Outdoor Refreshment Area Boundary Map. City Attorney Kit Williams read the ordinance. Devin Howland, Director of Economic Vitality gave a brief description of the ordinance and spoke of how he had received a call from the Police Department regarding a new business within the City of Fayetteville that had ended up being an alley oriented business. He went on to briefly explain how the ordinance would extend the boundaries within the Map and provide clarity for businesses located within the boundary area. Council Member Min. Jones questioned if the business in question applied and had been approved for a liquor license prior to moving into the area. Devin Howland answered yes, and stated the business had their beer and wine permit. Council Member Min. Jones appreciated that Devin Howland had not proposed the change for just this one business, and that it had been extended. She questioned if that was something the City recorded for others that might apply in the area. Devin Howland answered yes and stated this would save him from coming back and talking to the City Council if there happened to be another alley oriented business in the future. 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. City Council Meeting Minutes January 7, 2025 Page 12 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6829 as Recorded in the office of the City Clerk Unified Development Code (Amendments): An ordinance to amend Chapter 161 Zoning Regulations of the Unified Development Code to enact § 161.37 Urban Neighborhood and establish zoning regulations for the new zoning district, to amend § 160.01 Establishment of Districts to add the new district, to amend § 164.25 Tandem Lot Development to establish building setbacks for tandem lots, to amend § 167.04 Tree Preservation and Protection During Development to establish a minimum canopy requirement, and to amend Chapter 174 Signs to establish sign regulations for the new zoning district. City Attorney Kit Williams read the ordinance. Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of the ordinance. She provided background information on the Planning Commissioners and Long- Range Planning staff discussions for the proposed new zoning district to bridge existing zonings of NS-G and DG. She explained the criteria for the new zoning district UN “Urban Neighborhood”. She then listed the permitted uses of the new zoning district and provided a brief description of Use Unit 12b. The conditional uses relevant to the proposed new zoning were also listed at this point in the presentation. A comparison was made between the NS-G, UN and DG zonings. She explained the similarities and difference of five different use units as they related to the zonings previously mentioned. The use units discussed were cultural and recreational facilities, general businesses, eating places, offices and multi-family dwellings. She then presented the proposed UDC amendments for UN. She stated there was no public comment on this item and the Planning Commission forwarded this with a recommendation of 9-0-0. She asked the City Council if they had any questions. Council Member Moore questioned if there had been any discussion around allowing the use unit for wireless communications as a conditional use. Britin Bostick stated there had not been, as that use was fairly typical for the City’s zoning districts. She deferred to Jonathan Curth to give more explanation. Jonathan Curth, Development Services Director spoke of how it was common to include the allowance for wireless telecommunication facilities in all zoning districts due to some of the federal guidelines within which municipalities operated. He stated the City tended to capture that allowance as a conditional use permit, so that some local scrutiny could be applied. City Council Meeting Minutes January 7, 2025 Page 13 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov There was then a brief discussion amongst Council Member Min. Jones and Britin Bostick regarding the boundary area of the zoning district and if it had been drawn out on a map. Britin Bostick clarified that the ordinance was only to create a zoning district in the City’s code as an option and had not been proposed to be applied to any properties at this time. Council Member Turk thanked Britin Bostick for her work. She then noted the 12 foot lot width and questioned if there were other areas, such as Rogers or Springdale, that had such a narrow lot width allowance. Britin Bostick stated she could not answer as to whether or not nearby cities had that narrow of a lot width. She then went on to explain how the Planning Commission had reviewed the lot width of various zoning districts within the City. She stated she had had developers reach out to her wanting to develop a townhouse that would approximately be 16 to 12 foot wide, but they could not do that under the City’s current zoning districts. She then went on to speak of how the Planning Commission had been responsive to those requests from the development community, and therefore that was the primary reason for the ordinance. She then referenced the Urban Corridor District and how that did not have a lot width minimum for residential dwelling, and was an example of where the City had not included that restriction. There was then a brief discussion between Council Member Turk and Britin Bostick regarding how parking would work with the proposed zoning district. Britin Bostick gave various ways parking could be achieved, with the possibility of using garages, rear loading or alley loading. Council Member Stafford spoke of how he had a hard time imagining a 12 foot townhouse or anything other than a tiny, tiny home. He questioned if there were any examples. Britin Bostick stated there were no examples in Fayetteville yet and went on to speak of how the only photos that she had seen had come from much more urbanized areas on the East Coast. She did not believe it would be typical or common in the City and that there could be many different outcomes. Council Member Stafford moved to suspend the rules and go to the second reading. Council Member Min. Jones 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 Wiederkehr 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 6830 as Recorded in the office of the City Clerk City Council Meeting Minutes January 7, 2025 Page 14 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Vacation-2024-0026: (3145 E. Joyce Blvd./Woodland Jr High, 177): An ordinance to approve VAC-24-26 for property located at 3145 East Joyce Boulevard in Ward 3 to vacate 0.25 acres of street right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He presented an aerial image of the property and noted that there was a farmhouse and several outbuildings onsite. He stated the school district acquired the property in early 2024 and rezoned it to P-1 Institutional. He stated that as the school continued to develop their plans for the property, they identified how the property might benefit from more flexibility adjacent to Joyce Boulevard. He gave a brief description of the location on the subject property and provided different drawings for the Council’s consideration. There was a summation provided of the public comment that had been received on the request. He then explained that franchise utilities had consented, except for the two conditions that City Attorney Kit Williams identified when reading the ordinance. He stated that staff had considered three main issues for this vacation; damage/relocation at property owner expense, two easements would need to be dedicated to AT&T and Ozarks Electric and the vacation approval was contingent on completion of Joyce Blvd. realignment. He explained how the Planning Commission amended the item, adding a condition regarding effectiveness with a vote of 6-3-0. Then the Planning Commission forwarded the request recommending approval with a vote of 9-0-0. He was available for questions. Blake Jorgensen, Co-Owner of Jorgensen + Associates looked forward to working with the Mayor and City staff in the coming years and stated he was available for any questions. Council Member Turk requested that Jonathan Curth redisplay the school diagram that had been in his presentation. She had compared that diagram to the existing Master Street Plan and questioned if the road would be changed. Blake Jorgensen stated the Master Street Plans were drawn fairly loosely on GIS, and that when he had met with staff it had been identified that it was needed to maximize the property available to the school. He then went on to explain how the new Joyce alignment had been moved to be as parallel to the property line and intersecting with Valerie as close as possible. He stated that gave them the opportunity to introduce a 300 meter track. He went on to acknowledge that the road had been moved further a little, and did not match the Master Street Plan, but that staff recognized that it met the intent of the Master Street Plan. Jonathan Curth spoke of how Mud Creek was the southern boundary of the property, and that there had been flood plain associated with it, so staff had worked with the engineer of record on the item to make sure the street alignment was outside of the flood plain. He then spoke of how the school district had sough to incorporate an outdoor classroom and outdoor facilities to keep the area in question as a natural area. He stated staff felt the request was respectful of the City’s Master Street Plans goals for connectivity. There was then a brief discussion between Council Member Turk and Blake Jorgensen regarding how the City had just approved cost sharing for the study and questioned if they would be waiting City Council Meeting Minutes January 7, 2025 Page 15 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov for the study to come back before identifying precisely the realignment of Joyce. Blake Jorgensen spoke of how they had already done a preliminary study based on the Zone A mapping. Council Member Turk questioned why a flood plain study was going to be done if they had already preliminarily decided where the road was going to be placed. Jonathan Curth spoke of how it was part of the normal sequence to get the flood study down as a part of a large scale development. Blake Jorgensen spoke of how a detailed study for the area had cut off at 265, and therefore a detailed study needed to be completed for the City of Fayetteville that would include the property and the property off of Rupple Road. Council Member Turk questioned if that would help in refining their information. Blake Jorgensen, “Yes, ma’am.” Council Member Min. Jones questioned if transit had been considered for the development due to its nearness to schools and neighborhoods. Blake Jorgensen answered yes and went on to give a brief explanation of their potential plans for traffic and a central roundabout. He stated they had had many meetings with school staff and others regarding these plans. He went on to speak of their plans to build a 12 foot trail on the northside of the new Joyce, as well as the installation of bike racks for the nearby bike routes. He briefly spoke of how they would also have a 12 foot sidewalk on the north side of the property, which would assist in the mobility of pedestrians and bikes. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. 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 6831 as Recorded in the office of the City Clerk City Council Meeting Minutes January 7, 2025 Page 16 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Rezoning-2024-0056: (1520 W. Sligo/ Engineering Services Inc, 599): An ordinance to rezone the property described in Rezoning Petition RZN 2024-56 for approximately 0.41 acres located at 1520 West Sligo Street in Ward 1 from RSF-4, Residential Single-Family, Four Units Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommended in favor of the request and then went on to speak of how the tree preservation requirement on the site would drop to 20% under the new zoning district. He stated there was no floodplain on the property, but there were hydric soils present on the northeast corner of the site. He stated the Planning Commission forwarded the request to the City Council without comment by a unanimous vote. He stated there had been no public comment received on the item. He noted Daniel Lazenby as the applicant for the item. Council Member Min. Jones questioned if it was communicated to residents when a rezoning was done for a single family residence. Jonathan Curth stated the City followed the state minimum standards, as well as going beyond that and requiring a sign be posted two weeks prior to the Planning Commission hearing itself and required mailings to the adjacent property owners. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6832 as Recorded in the office of the City Clerk § 172.05 Parking Requirements (A)(2) (Amendment): An ordinance to amend § 172.05 (A)(2) for the required parking for residential developments to empower the Planning Commission to lower the minimum parking requirements in appropriate situations. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes January 7, 2025 Page 17 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk had brought the item forward due to several situations over the last few years where residents that were close to new multifamily developments had not been able to find parking. She went on to explain how this would be a variance and would allow the opportunity for the Planning Commission to have more consideration. Council Member Wiederkehr provided a brief description of the ordinance and touched on topics regarding the Fayetteville Mobility Plan and vehicular registration data for the City of Fayetteville. He stated the City was growing more vehicles than population currently and then went on to describe how retail parking was not the same as residential parking. He continued on with his presentation and touched on the topic of public transit. He spoke of how he was an advocate for creating different parking overlay areas and noted that the City had an upcoming 2025 Downtown Master Plan update, and how he felt that plan should address parking within the area. He stated the City could proceed by affirming what the City currently had, passing the ordinance or tabling the ordinance and allowing the Planning Commission to work on the parking issue and forward their recommendation to the Ordinance Review Committee before coming back before the City Council. He stated he would support the option of tabling the ordinance, due to being unaware that the Planning Commission had taken up discussion around parking and felt that out of respect for those individuals, he wanted to honor their work they had already begun. Council Member Bunch stated the Planning Commission had started looking at parking in October and that they would also be taking up the discussion at their next meeting. Jonathan Curth, Development Services Director stated the Planning Commission’s Long Range Group would meet on January 23rd to continue their parking discussion. There was a brief discussion amongst Council Member Stafford and Mayor Rawn regarding if the City Council could ask questions of both the presenters and staff. Mayor Rawn stated they could ask questions from either. Council Member Stafford spoke of Council Member Wiederkehr’s vehicular registration statistics and questioned if there had been a delineation between commercially and personally registered vehicles. Council Member Wiederkehr stated he could not get any delineation; it was for the total registrations. Council Member Stafford questioned if the ordinance had been brought before staff, the Planning Department or the Planning Commission before coming before the City Council. Jonathan Curth answered no, it had not been. Council Member Min. Jones spoke of how typically, a households second largest expenditures were transportation costs. She then went into the considerations someone took when relocating to an area; how dense the area was and if the area would be walkable. She made a note that the City Council should be looking at different parking overlay areas and believed that as a whole, the City needed to think in collaboration with access to transit in mind. City Council Meeting Minutes January 7, 2025 Page 18 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Dr. Jones stated the presentation had been nice. He then questioned what had been different with this request for it to not have been brought before staff for review. There was then a brief discussion amongst Council Member Dr. Jones and Mayor Rawn regarding who he had directed his question to. She then proceeded to state Council Member Turk could answer Council Member Dr. Jones’ question first and then Council Member Wiederkehr second. Council Member Turk explained how there had been several situations in the past where she had brought forth items to the Planning Department, Development Services and they had not moved forward. She felt the request was of great urgency and that it was a starting point to the discussion as a whole. She had not been aware that the Planning Commission or Long Range Planning had begun discussion on the topic. She felt that residents had been unhappy with the parking standards and so she felt it have been an urgent topic to discuss. Council Member Wiederkehr felt that he had failed staff and the City Council, because he believed he owed it to staff to have went to them first. He had felt now had been the perfect time to raise awareness of the issue due to a recent appeal while the topic was at the forefront of everyone’s mind. He stated he had apologized to staff and went on to explain how he believed every ordinance that City Council members prepare should go through the Ordinance Review Committee. Council Member Dr. Jones thanked Council Member Wiederkehr for his apology. He expressed concerns regarding items in the past that had not gone through the proper channels and wanted to ensure the City Council members were all doing the same thing. The City Council received 13 public comments regarding this ordinance. Council Member Stafford briefly spoke of how he was either leaning against the request or for tabling it indefinitely. He had concerns about doing things that would create roadblocks for people that would cost time and money, which would raise the cost of housing and would have the opposite affect of what was trying to be accomplished. He requested that Jonathan Curth share his thoughts on how the ordinance would affect development within the City of Fayetteville. Jonathan Curth spoke of how he had concerns relating to the functionality of the ordinance as it was currently written and that it appeared to only allow reductions for multifamily and that smaller residential units would not have any eligibility for reductions. He went on to speak of how there were currently no transit routes in Fayetteville that met the standards needed that would make a project eligible for the reductions outlined in the ordinance, meaning that no development would be eligible for the transit stop reduction. He then explained how he understood the intent behind the motorcycle and powered scooter spaces but had concerns regarding its enforceability. He acknowledged that staff and the Planning Commission recognized it was time to starting looking at the City’s parking requirements. He went on briefly to outline more concerns regarding the proposal and stated there were many different ways the Planning Commission had been evaluating the topic and would continue to evaluate it. He did not believe the ordinance, as it was currently being considered, achieved the goal of offering reductions, but he believed that what the Planning Commission was working on could do so. City Council Meeting Minutes January 7, 2025 Page 19 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch stated she had a hard time supporting the ordinance due to it not going through Ordinance Review Committee, the Planning Department or the Planning Commission. She would be in favor of tabling the ordinance indefinitely. Council Member Berna believed the ordinance had been reactionary due to the appeal that had come before the City Council recently and the concerns that had been raised toward parking. He believed this was an issue that needed to be addressed; however, he did not believe the ordinance was ready and requested that the City Council have a sense of urgency around the topic and instead of tabling it indefinitely, tabling it instead until April 1st to give the Planning Commission and Ordinance Review Committee time to review the ordinance. Council Member Moore briefly spoke of how it was the City Council’s job to legislate and create laws to help the community, so she did not begrudge the council members who had brought the item forward. She then went on to speak of how she believed the request challenged and went in the face of the housing crisis that the City Council had declared. She had concerns due to the possibility of how the request might affect the affordability of homes and raise rent prices. She went on to speak of the City’s comprehensive plans and how she felt putting something like this in place would go backward. She felt there had been a lot of diligence already done with Long Range Planning and Staff toward the topic and felt that the City needed to figure out solutions together. She then spoke of how she felt that the City Council had come to a great agreement when discussion the potential of parking districts. She could not be supportive of the ordinance and would be fine to let it die, and that whatever came forth from the Planning Commission be something that the City Council start with. Council Member Jones briefly spoke of parking and how he believed the issue also deserved the attention of the Housing Crisis Task Force, of which some members had concerns. He stated the City was facing a housing crisis and that he had heard concerns from citizens that the ordinance would not help with that. He could not support the ordinance as it was, and felt there were too many missing important pieces. He would support tabling the item for as long as was needed. Council Member Turk appreciated the conversation around the topic and for Council Member Wiederkehr’s presentation. Her intention of putting the ordinance forward was so that the City would have additional conversation around the topic and that it wouldn’t go to the wayside. She felt it was important that the City Council become serious around transit. She went on to reiterate that the request was for a variance, and it would not be a prohibition. She would be open to tabling the ordinance until April 1st so that it could stay at the forefront of everyone’s mind to address. Council Member Stafford moved to table the ordinance indefinitely. Council Member Moore seconded the motion. Council Member Bunch reminded the City Council that they could always view the Planning Commission’s agenda if they wanted to know what they were working on, or they could call Britin Bostick or a planning commissioner themselves. She stated that if the City Council was going to talk about improving transit, she would like to involve Dane Eifling in that discussion as well. She wanted the City Council to remember that what added more transit was higher density. City Council Meeting Minutes January 7, 2025 Page 20 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov There was a brief discussion between Mayor Rawn and City Attorney Kit Williams regarding the motion on the floor and if more comment could be taken. City Attorney Kit Williams clarified that the motion did not have to be immediately voted on, the motion could be debated and discussed. Council Member Berna supported tabling the ordinance and acknowledged that the topic needed to be addressed further. He questioned that if the motion on the floor failed and the ordinance was tabled to April 1st, would that then give staff and the Planning Commission time to weigh in. Jonathan Curth answered yes, but was unsure that would also allow enough time for the Ordinance Review Committee to weigh in as well. There was a brief discussion amongst Council Member Dr. Jones and City Attorney Kit Williams regarding if the item could be brought back at any time if it were tabled indefinitely. City Attorney Kit Williams stated it could be brought back at any time before December 31st. Council Member Stafford felt that the City Council needed to give the request the time it needed for staff, the Planning Commission and Ordinance Review Committee to weigh in on the topic. He would like to stick with his original motion. Council Member Stafford moved to table the ordinance indefinitely. Council Member Moore seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Berna, Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Turk voted no. Mayor Rawn referenced the members of the audience who took time to be present and speak on the topic. She wanted them to know that the City heard their concerns. She also acknowledged Council Member Turk’s concerns regarding urgency around the topic. This ordinance was tabled indefinitely. Possible Changes to Provide the City and Citizens Use of the Porter Warehouse (Resolution): A resolution to request that Mayor Rawn discuss with the Walton Arts Center possible changes to the long-term lease to provide the city and citizens some use of the Porter Warehouse. Council Member Moore moved to table the resolution to the January 21, 2025 City Council meeting. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the 01/21/2025 City Council meeting. A Resolution to Limit the Time Allowed for City Council Members’ Questions and Comments Concerning Agenda Items: A resolution to limit the time allowed for City Council Members’ questions and comments concerning agenda items. City Council Meeting Minutes January 7, 2025 Page 21 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams stated that at the previous City Council Agenda Sesson, there had been comments regarding some things that had needed to be added to the resolution. He went on to read the original resolution and stated that in response to those comments, he added an additional sentence to the language and would insert the wording, ‘if a motion to amend the agenda item is seconded, each council member shall have one term to comment on or ask questions about the proposed amendment.’ Mayor Rawn asked for clarity on whether the original resolution had been changed yet. City Attorney Kit Williams answered no and stated that if the City Council wanted to include that extra sentence, they would have to move to amend the resolution to add it. Council Member Turk spoke of how the City Council had been having very long meetings, and she wanted to work toward balancing discussions to make the meetings more concise and orderly. Council Member Turk moved to amend the resolution to match what City Attorney Kit Williams had read. Council Member Moore seconded the motion. There was a brief discussion amongst Mayor Rawn and City Attorney Kit Williams regarding how the City Council could now discuss the motion on the floor. Council Member Stafford believed that the City Council needed to reign themselves in a bit more and then briefly started to discuss presentation time limits. There was then a brief discussion amongst Council Member Stafford, Mayor Rawn and City Attorney Kit Williams regarding staying on the topic of the amendment that had been proposed and if a City Council member wanted to further amend the item, they would do so after the amendment was voted on. Council Member Stafford briefly spoke of how he would like to propose an amendment in the form of changing the two three minute time periods to five minutes. He felt that the City Council dealt with a lot of big subjects and needed the additional time. He noted that the five minutes aligned with what the Washington County Quorum Court did. Mayor Rawn requested that City Attorney Kit Williams read the amendment so that the City Council could understand what they would be voting on currently. City Attorney Kit Williams stated that if the motion on the floor passed, the rule would be that during initial staff and applicant presentations, each council member would have one turn to either ask an applicant or staff questions, and then after public comment, the council members were allowed two terms each to ask questions or make comments. If a motion to amend the agenda is seconded, each council member shall have one turn to comment or ask questions about the proposed amendment. And then the last sentence would state that all city council terms for comments or questions were limited to three minutes for each council member. City Council Meeting Minutes January 7, 2025 Page 22 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk moved to amend the resolution to match what City Attorney Kit Williams had read. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. There was then a brief discussion amongst Council Member Stafford and City Attorney Kit Williams regarding how Council Member Stafford would like for the periods to be for five minutes to put the City Council inline with the Washington County Quorum Court. Council Member Stafford moved to amend the resolution from three minutes to five minutes for City Council members to talk. Council Member Moore seconded the motion. Council Member Turk stated the reason she had proposed three minutes was due to the public comment being limited to three minutes as well, and that it would make the meeting consistent. There was a brief discussion amongst Council Member Jones, Mayor Rawn and City Attorney Kit Williams regarding who would be keeping the time limit on who spoke and for how long. City Attorney Kit Williams went on to explain how the time limit keeper had usually been the Chief of Staff or whoever they had chosen to designate. Mayor Rawn requested clarification on the current motion on the floor. City Attorney Kit Williams stated that at this point, the current amendment would say that every one of the comment periods would be for five minutes, rather than three, and that there would be a question period for five minutes, then there’d be two rounds of comments for five minutes, and if an amendment was on the floor, there’d be another round of five minutes added. There was then a brief discussion amongst Council Member Wiederkehr and City Attorney Kit Williams regarding the time limit. City Attorney Kit Williams clarified that during initial staff and applicant presentations, each council member may have one turn to ask either applicant or staff questions. Council Member Moore had concerns regarding the resolution due to hearing from constituents who had elected the City Council to do their business and felt that the council members didn’t need to be kept on a score board. She therefore had hesitations with the City Council limiting their discussion. She went on to acknowledge how the City Council had had an efficient meeting tonight. She went back to the topic of how some constituents had felt stifled by the rules and that it could prevent them from getting full representation. Council Member Turk clarified that she had not intended that in the first round for when City Council members were asking applicant or staff questions for there to be a time limit. She would like to potentially have another amendment after the discussion on that topic. There was a brief discussion amongst Council Member Dr. Jones and Mayor Rawn regarding the Mayor’s view on the topic. Mayor Rawn clarified that her vision for the meeting was to keep discussion on specific amendments and then move on to other items. City Council Meeting Minutes January 7, 2025 Page 23 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Dr. Jones felt as though there was opportunity for the Mayor and City Clerk to work together and review what other cities were doing on this topic. He went on to speak of how he believed the citizens were depending on the City Council to handle their business in an efficient and effective manner and was concerned that wouldn’t last with the score keeping. Council Member Stafford moved to amend the resolution from three minutes to five minutes for City Council members to talk. Council Member Moore seconded the motion. Upon roll call the motion passed 5-3. Council Member Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Wiederkehr, Berna and Turk voted no. Council Member Turk would like to bring forth another amendment that would read, ‘during initial staff and applicant presentations, each council member may have one turn to ask either applicant or staff questions with no time limit.’ Mayor Rawn clarified that the amendment was only for the time that the City Council spoke before public comment was taken, and that after public comment, the five minute time limit would then come into play. Council Member Wiederkehr seconded Council Member Turk’s motion. Council Member Moore requested for the amendment to be restated. City Attorney Kit Williams stated the amendment would go on to read as, ‘during initial staff and applicant presentations, each council member may have one turn to ask either applicant or staff questions with no time limit. After public comments, council members are allowed two turns to ask questions or make comments. If a motion to amend the agenda item is seconded, each council member shall have one turn to comment on or ask questions about the proposed amendment. All City Council turns for comments or questions are limited to five minutes for each council member.’ Council Member Turk moved to amend the resolution to allow each City Council member one turn with unlimited time to ask staff and applicants questions during the initial staff and applicant presentations. Council Member Wiederkehr seconded the motion. Upon roll call the motion passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Min. Jones and Dr. Jones voted yes. Council Member Stafford and Moore voted no. The City Council received 3 public comments regarding this resolution. Council Member Berna stated that in the last several months, several City Council meetings had gone on late into the evening. He went on to speak of how several individuals had questioned how the City Council could make good decisions while working that late into the night. He felt that the meetings needed to be a more professional and business type setting where the City Council members stuck to the point, made their points, and then moved on. He did not feel it was fair to the citizens that the City Council passed ordinances at 12:45 am when no one was present to see them. He felt the City Council needed to do their part to limit their comments and be prepared to speak and expedite the issue to be voted on and move on to the next item. City Council Meeting Minutes January 7, 2025 Page 24 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Moore questioned if there was anything regulating the Mayor to read the entire Consent Agenda. City Attorney Kit Williams answered that only ordinances were required to be read fully at the City Council meetings and that there was nothing in the state law that he was aware of that required the Consent Agenda to be read. Council Member Moore spoke of how the Consent Agenda had been long tonight and felt that illustrated another area the City Council could look at in reducing time. She felt the City Council could also exercise additional discretion in their discussions. She had concerns about stifling the potential of very complex situations and conversations. Council Member Dr. Jones briefly spoke of walk on items and if there was a way for the City Council to better manage those additions because they had the potential to make City Council meetings take longer. City Attorney Kit Williams clarified that the City Council were their own controllers on walk on items and that in order for a walk on to be added to the City Council meeting, it required two thirds vote of the City Council. He then cautioned the City Council on not having the Consent Agenda. Mayor Rawn requested that in the name of efficiency, the City Council keep their comments to the resolution that was currently being considered. Council Member Stafford stated he would be willing to table the resolution to the second meeting in March. He then spoke of walk on items and how there was now a new administration who he felt might help the meetings run more efficiently. There was then a brief discussion amongst Council Member Stafford and City Attorney Kit Williams regarding the resolution as it was amended. Council Member Stafford moved to table the amended resolution to the March 18, 2025 City Council meeting. This motion died due to lack of a second. There was a brief discussion amongst the City Council regarding if there had been a motion and a second to pass the amended resolution. Council Member Turk moved to approved the amended resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed 5-3. Council Member Wiederkehr, Berna, Bunch, Turk and Min. Jones voted yes. Council Member Stafford, Dr. Jones and Moore voted no. Resolution 35-25 as recorded in the office of the City Clerk A Resolution to Limit Council Members' Use of Zoom: A resolution to limit Council Members’ use of zoom to attend and vote at City Council meetings. City Council Meeting Minutes January 7, 2025 Page 25 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk spoke of how she believed everyone needed to be present at the meetings. She referenced the City of Rogers and how she had lifted what they had had in their ordinances, and that she was open to amendments. City Attorney Kit Williams read the proposed resolution. Council Member Dr. Jones briefly spoke of how there were several members of the council who did other things professionally and felt that they were able to get the City’s business done virtually. He felt conflicted on the topic and felt that it was disenfranchising to the constituents. He would not be in support and had heard many concerns from the public. Council Member Min. Jones stated she would not be in agreement with the request either, and that her commitment to her constituents was to be present and advocate. She then noted that the meeting was public, but at some point, at night, it would no longer be public due to digital poverty. She stated Zoom offered the City Council the opportunity to meet outside of that and that she felt it silenced her as the voice for her constituents. Council Member Bunch stated she did not use Zoom a lot, but she had used it before, and it had been useful when she had needed it. She understood the premise behind the resolution due to allowing the public to see the City Council members be present and interact with them, and that if the City Council were on Zoom, there was the opportunity for cameras to be turned off and not be as present at the meeting, which she did not feel helped the public. She believed Zoom was a valuable tool, but did not agree with the two meetings aspect of the resolution as she felt that was not enough. She went on to speak of how she felt most council members were available for their constituents and everyone else in the City. Mayor Rawn clarified that the issue on the table currently being discussed was in regard to City Council members attending via Zoom, and that residents were not being limited. Council Member Berna stated that the City Council members were elected to serve the citizens of Fayetteville, and that he felt it reassured the citizens when they could see physical bodies in the chambers during meetings. He felt that the two meetings aspect was restrictive and would be open to making it four meetings via Zoom. He felt there was value in being present in the chamber to hear the constituents in person. Council Member Berna moved to amend the resolution from limiting Zoom meeting attendance from two meetings to four. Council Member Turk seconded the motion. There was a brief reminder from Mayor Rawn and City Attorney Kit Williams to keep discussion on the current amendment. Council Member Wiederkehr stated that the form of government on federal, state and county level was the notion that voting took place in person, and that the pandemic had caused everyone to get creative on that. He was in favor of being present in person to vote and felt that the public had the right to see the City Council. He would have no opposition to four times using Zoom. Council Member Berna moved to amend the resolution from limiting Zoom meeting attendance from two meetings to four annually. Council Member Turk seconded the motion. City Council Meeting Minutes January 7, 2025 Page 26 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Upon roll call the motion passed 5-4. Council Member Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Min. Jones, Stafford, Dr. Jones and Moore voted no. Mayor Rawn chose to vote and voted yes to pass the amendment. Council Member Stafford believed the resolution served no purpose. He went on to speak of how he had been elected to represent his constituents no matter what, and briefly spoke of the issues and emergencies that could occur to cause members to have to miss meetings or Zoom in. He stated he attended meetings as much as he could, and that there was no way he could support the resolution. He had faith that all of the City Council members did their best to be present. Council Member Dr. Jones stated that when he ran for public office, none of his constituents ever questioned him regarding not showing up for Agenda Session due to having to work and Zoom in. He briefly spoke of how he traveled a lot and lost cell service at times. He felt that he responded well and that some of his best work had been done while he was out in the community. He took offense and felt that the resolution had been personal towards him. He went on to speak of his attendance record. He stated he wanted his elected official to be present for him and attentive even if they were not in the seat and that someone did not have to be present to be efficient. Council Member Moore briefly spoke of the residents within the City of Fayetteville and how the meetings needed to be accessible to everyone and worried about the potential message the resolution put forth. She went on to speak of her personal life and how she traveled for work. She had reservations with the resolution and felt that Fayetteville was future focused and needed to recognize people with mobility and disability issues. Council Member Bunch briefly spoke of her personal life and how she worked many jobs and still tried to come to the meetings as much as she could. She believed Zoom was a very effective tool and felt as though she were on the fence regarding the resolution. She went on to speak of how it was important for residents to see the City Council members in chambers. Council Member Min. Jones spoke of her personal life and how some issues might cause her to use Zoom. She clarified that she was going to be at the meeting and present but felt that the resolution would be putting her in a box. City Clerk Treasurer Kara Paxton spoke briefly of how she was trying to understand and think of questions that she needed to be prepared for when her team created the minutes for the meeting and how the restrictions within the resolution might affect the calling of the roll and voting. Mayor Rawn thanked Kara Paxton for sharing her concerns. She had full faith that her office would be able to carry out their duties regardless of what passed at the meeting and that the City would support her in whatever way was needed. Council Member Stafford clarified that if constituents were concerned regarding virtual attendance, they would not have re-elected Council Member Jones by 65% of the vote. Council Member Stafford moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution failed 3-5. Council Member Wiederkehr, City Council Meeting Minutes January 7, 2025 Page 27 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Berna and Turk voted yes. Council Member Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted no. This resolution failed. A Resolution to Move the Starting Time for City Council Meetings from 5:30 PM to 5:00 PM: A resolution to move the starting time for City Council meetings from 5:30 pm to 5:00 pm. Council Member Berna spoke of how the first 20 to 30 minutes of the City Council meetings were typically Consent Agenda items and housekeeping topics. He felt that the City Council needed to improve, and that having individuals sit in the audience for five or six hours for a rezoning seemed inappropriate. He felt that the City Council could potentially change the meeting time to 5:00 PM to allow for all of the housekeeping items to be completed, and then at 5:30 the City Council could start with regular business. Mayor Rawn acknowledged that she had not taken public comment on the previous item. Mayor Rawn opened the floor for public comment on A Resolution to Limit Council Members' Use of Zoom. No one came forward to speak. She moved back to the current agenda item. The City Council received 4 public comments regarding this resolution. Council Member Jones referenced the City of Rogers and how they started their City Council meetings at 6:30 PM. Council Member Moore moved to approve the resolution. Council Member Min. Jones seconded the motion. Council Member Stafford spoke of how it was about access, and that not everyone owned their own businesses. He believed working people should be able to serve the public and that he felt 5:00 was not doable for most people who wanted to attend the meeting. He then made a comment referencing something Council Member Berna had said earlier. He felt that the City Council could not limit access to the chambers to only a select few. Mayor Rawn stated that before moving forward, she wanted to set an expectation of ensuring that everyone respond to each other in good faith. She went on to speak of how everyone wanted to make the meeting more efficient and better, and that she would always assume that the City Council members were doing things in good faith with the constituents in mind. Council Member Berna stated that he had only brought the resolution forward for discussion considering how long the meetings had started to become. He stated he was not trying to stifle conversation; he had simply only wanted to see if this was a way the City Council could expedite getting their meetings started in a timely fashion. Council Member Stafford apologized for his earlier reference. City Council Meeting Minutes January 7, 2025 Page 28 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams reinforced Mayor Rawn’s statement by reading the City Council’s conduct under their Rules of Order and Procedure. He believed it was a good goal for the City Council to continue to provide the utmost curtesy to each other and trust in the good faith of each other. Mayor Rawn clarified that her comments were in regard to the general tenor of the meeting, and in no way were directed at any one City Council member or intended to be scolding in any way. Council Member Moore moved to approve the resolution. Council Member Min. Jones seconded the motion. Upon roll call the resolution failed unanimously. This resolution failed. A Resolution to Amend Rule A.7.D.(1) - Overview Period: A resolution to amend rule A.7.D.(1) Overview Period of the Rules of Order and Procedure of the Fayetteville City Council to remove the ten-minute time limit for staff presentations. Mayor Rawn thanked Council Member Turk for sponsoring this item to be brought before the City Council on her behalf. She went on to speak of how hard staff worked providing the City Council with background information and answering questions. She felt that having only ten minutes allotted for staff to present could be nerve wracking and cause unneeded pressure. She felt that this resolution could provide staff with relief. There was a brief discussion amongst Council Member Turk, City Attorney Kit Williams and Mayor Rawn regarding if the resolution would also go toward Council Member presentations. Mayor Rawn stated that had not been her intent, but she would not be opposed to that. Council Member Moore moved to approve the resolution. Council Member Wiederkehr seconded the motion. City Attorney Kit Williams stated that if he had interpreted the resolution incorrectly, it needed to be clarified before the item was passed. He then went on to speak of how the current resolution did not mention Council Members. He questioned if the Mayor wished to extend the resolution to include unlimited presentation time to the City Council members if they brought forth an item. Mayor Rawn stated she would be happy to extend that to the City Council when they would be conducting a presentation. She requested that everyone be mindful of their presentation times. Council Member Moore moved to approve the resolution. Council Member Wiederkehr seconded the motion. Upon roll call the resolution passed unanimously. Resolution 36-25 as recorded in the office of the City Clerk City Council Meeting Minutes January 7, 2025 Page 29 of 29 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2025 City Council Rules of Order and Procedure (Resolution):A resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2025. City Attorney Kit Williams stated an amendment would have to be made to the resolution due to the amendments made earlier in the meeting. He clarified that the amendment to the resolution needed to say, at the very end, ‘and as amended during this meeting.’ Council Member Stafford moved to amend the resolution to add the ‘and as amended’ wording the City Attorney mentioned. Council Member Min. Jones seconded the motion. Upon roll call the motion passed unanimously. Council Member Min. Jones moved to approve the resolution as amended. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 37-25 as recorded in the office of the City Clerk Announcements: Keith Macedo, Interim Chief of Staff announced that staff was monitoring the possible winter weather forecast over the next few days and that the Transportation Department would be pretreating the roads. He also mentioned the Recycling and Trash Department would be getting a head start as well. City Council Agenda Session Presentations: Sales Tax Report - Chief Financial Officer Energy Report - Environmental Director. City Council Tour: None Adjournment: 10:07 p.m. _____________________________ __________________________________ Molly A. Rawn, Mayor Kara Paxton, City Clerk Treasurer