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HomeMy WebLinkAbout2025-03-04 - 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 March 4, 2025 City Council Meeting Minutes March 4, 2025 Page 1 of 18 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 March 4, 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, Interim Chief Financial Officer Steven Dotson, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Rawn announced that journalism students from the University of Arkansas were present. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report - Chief Financial Officer Steven Dotson, Interim Chief Financial Officer gave a brief description of the Monthly Financial Report. He stated that all in all, the General Fund had an increase of approximately 2.8% of what had been budgeted for. He went on to explain how the Street Fund was down approximately 10%, the Parking Fund was up 3%, the Parks Development Fund was up 4.4%, the Water and Sewer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 2 of 18 Fund was up 2%, Recycling and Trash was down 6% and the Airport Fund had an increase in gasoline sales as well as the number of flight operations. He would be available for questions. Agenda Additions: None Consent: Approval of the February 18, 2025 City Council Meeting Minutes APPROVED Mike Parker (Cost Share Agreement): A resolution to approve a cost share agreement with Mike Parker in an amount not to exceed $15,600.00 for the installation of a fire hydrant and relocation of water service lines along North Vandeventer Avenue. Resolution 64-25 as recorded in the office of the City Clerk Brothers Construction, Inc. (Change Order No. 1): A resolution to approve Change Order No. 1 to the contract with Brothers Construction Inc. in an amount not to exceed $2,271,273.00 for the I-49/MLK utility relocations, and to approve a budget adjustment. Resolution 65-25 as recorded in the office of the City Clerk Northwest Arkansas Winwater, Co. (Purchase Agreement): A resolution to award Bid #25-22 and authorize the purchase of various large diameter water valves and appurtenances from Northwest Arkansas Winwater Co. in the amount of $367,098.08 plus any applicable taxes and freight charges for the I-49/MLK Utility Relocations Project. Resolution 66-25 as recorded in the office of the City Clerk JA Riggs, Co. (Purchase Agreement): A resolution to approve the purchase of an excavator from JA Riggs Co in the amount of $292,435.76, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 67-25 as recorded in the office of the City Clerk Randall Ford, Inc. (Purchase Agreement): A resolution to approve the purchase of a Ford F 150 EV and Level 2 Ford Charger from Randall Ford Inc in the amount of $51,957.00, plus any applicable taxes, surcharges, and delivery fees, pursuant to ordinance 6491, and to approve a budget adjustment. Resolution 68-25 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 3 of 18 Acme Trenchless, Inc. (Purchase Agreement): A resolution to waive competitive bidding and approve the purchase of one excavator attachment with accessories from Acme Trenchless Inc. in the amount of $56,087.74 plus any additional freight charges and delivery fees. Resolution 69-25 as recorded in the office of the City Clerk Siddons-Martin Emergency Group, LLC. (Purchase Agreement): A resolution to approve the purchase of a brush truck from Siddons-Martin Emergency Group, LLC in the amount of $326,425.00, plus any applicable surcharges, freight charges, and delivery fees, pursuant to an HGAC Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 70-25 as recorded in the office of the City Clerk Hazmat Services Revenue (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $14,634.00 recognizing hazmat services revenue received from Washington County and increasing the related expense budget. Resolution 71-25 as recorded in the office of the City Clerk FY2025 Per Capita Jail Fee Agreement (Resolution): A resolution to approve the per capita jail fee agreement with Washington County for jail services in 2025 in the amount of $76,421.40. Resolution 72-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Repeal Ordinance 6800 (Ordinance): An ordinance to repeal Ordinance 6800 as amended. At the February 4, 2025 City Council meeting this ordinance was left on the first reading. At the February 18, 2025 City Council meeting this ordinance was left on the second reading. City Attorney Kit Williams read the ordinance. He went on to explain how Ordinance 6800 needed to be repealed before it became effective, as it almost certainly violated state law. There was a brief discussion between Council Member Dr. Jones and City Attorney Kit Williams regarding how Arkansas Code Annotated 14-43-608 made Ordinance 6800 potentially illegal. They then discussed how the State of Arkansas was in the process of amending a section of Arkansas Code for rent preemption. The City Council received 4 public comments regarding this ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 4 of 18 Council Member Dr. Jones briefly spoke of the last City Council meeting and of how he had been under the impression that a replacement item would be brought forth in conjunction with the current request. City Attorney Kit Williams stated he had heard similar comments, and that there was a new ordinance concerning tenants that would be heard at the end of the meeting, but that it couldn't be viewed as a replacement, as Ordinance 6800 was probably illegal and needed to be repealed. He stated the City needed to do what was legal and spoke of how everyone had taken an oath of office to follow the state constitution, and that they should refuse to do something illegal. Council Member Moore appreciated the comments from the public as well as the conversation around the topic. She went on to explain how she respected the expertise of both the City Attorney as well as the Attorney General but felt that there was still possibility with the ordinance and that nothing had gone to the courts and been challenged on the topic. She believed the City Council needed to be fiscally responsible for the residents but also felt the City Council needed to respect what the residents had asked them to do. She had not heard any comments from residents who wanted the ordinance repealed and had been asked by them to hold the line or at least put something else into place to provide them with some sort of consumer protection before repealing Ordinance 6800. She then went on to speak of how SB-91 was being run in the legislature, which might close the door to the topic, but that there was still hope. She would be in agreement with postponing the request until the end of the legislative session and would make a motion to do so. She stated there was a lack of consumer protection in this area, which was her concern in repealing the ordinance. She motioned to table the ordinance to the City Council's first meeting in May of 2025. Council Member Stafford referenced how Council Member Moore wanted to table the item until the first meeting of May. He then questioned if Ordinance 6800 would go into effect before then. City Attorney Kit Williams clarified that Ordinance 6800 would go into effect March 31, 2025 if this item were delayed. Council Member Stafford did not believe it did the City any favors to put an ordinance into effect that did not stand up to legal review. He then went on to talk about how the City Council wanted to come up with more solutions to the housing issue, and that Ordinance 6800 had been the beginning of what he hoped the City could accomplish to help renters. He stated the Arkansas Legislature would be in session until the end of April, and that anything he brought forward would be after they were done, and that hopefully when they came back into session they could see what had been accomplished. He did not see a path forward for Ordinance 6800 and believed it needed to be repealed. There was a brief discussion between Mayor Rawn and City Attorney Kit Williams regarding how there was currently a motion to table the ordinance that had not been seconded. Council Member Turk echoed Council Member Stafford's comments and stated that she could not move forward after taking a pledge to follow the Constitution knowing it would be deemed illegal. She spoke of how the City Council was committed to more information, reducing fees and being transparent, but that there was legislature in session that was watching the City carefully. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 5 of 18 She stated that if Ordinance 6800 went into effect on March 31st, the City would be in violation unless they repealed it before March 31St. She saw no harm in repealing the ordinance because the City Council could always bring something that was new after the legislature had finished that would pass legal muster. She would be in favor of repealing the ordinance tonight. There was then a brief discussion between Mayor Rawn and City Attorney Kit Williams regarding how it was the City Attorney's job to give the City Council legal opinion on what the City Attorney believed was likely in violation of state law. Mayor Rawn then spoke of how it was her understanding that the City Attorney was not saying the ordinance was illegal, he was saying it could be, and that it would be up for a court to decide. City Attorney Kit Williams stated that both he and the Arkansas Attorney General were not judges, and that courts were the ones to make the final decision, so he would not say whether or not the ordinance was 100% illegal. He stated that both he and the Attorney General felt very strongly that it was most likely illegal. He believed they needed to follow what they had all affirmed, which was that they were going to follow the Constitution. He advised the City Council that they should pass the repeal of Ordinance 6800. Council Member Dr. Jones stated he supported Ordinance 6800, but had pause due to the legal issues. He then went on to question what type of solutions the Housing Crisis Task Force might bring forth to the City Council and what they might do if the legislature didn't support those ideas either. He went on to explain how challenging the situation was. Council Member Berna stated he was in favor of the repeal of the ordinance due to it being illegal. He went on to speak of how the City could still work toward a good ordinance, but that there was no reason to put the City in a position to be potentially sued. Council Member Moore questioned what it would look like in the event that the City was challenged for the ordinance in a court of law, and what the potential costs could be. City Attorney Kit Williams stated that a landlord or a rental agency would potentially challenge the ordinance, hire an attorney, and that attorney would then file suit saying it was illegal, and then there would be a summary judgement motion presented to the court, and the court would probably find it guilty. Council Member Moore questioned what the potential costs to the City would be. City Attorney Kit Williams did not want to speculate on that, due to the City having litigation going on in many different ways. He then went on to explain how it was more than dollars, it was about whether the City was going to follow the law or not. Council Member Moore stated that when the Mayor had asked if the ordinance was 100% breaking the law, he had said it was not. City Attorney Kit Williams reiterated that he was not a judge, so he would not say that the law was broken by the ordinance, but that it was very unlikely it would survive a court challenge. He stated the City needed to be going forward and doing other things that could be helpful for the housing situation. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 6 of 18 Council Member Moore spoke of how she had heard from residents that they wanted the ordinance to stand and that she couldn't have all the facts in front of her to make the decision regarding how much it might cost the City. She had concerns regarding closing the door on the item and how there was no case law against it. She felt there were missing facts tonight, and felt she had heard enough from residents that it would be worth going to court to find definitively where the item would stand. She pulled her earlier motion to table the ordinance. Council Member Wiederkehr spoke of how it was to the City's detriment when it went alone on issues such as this, and advocated that individuals speak with other jurisdictions to include them. He then went on to explain how if the City Council did not repeal the ordinance tonight, they would have to repeal it at the next City Council meeting. Council Member Stafford spoke of how no good lawyer was going to tell someone how a judge would vote, because no one knew how a judge would vote. He went on to explain how the City Attorney was their legal counsel to help them make informed decisions. He stated the City Council was responsible for citizens' money, and he would not be willing to gamble with that when they had been advised that it was not in their best interest to do so. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Min. Jones, Stafford, Dr. Jones, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Moore voted no. Ordinance 6847 as Recorded in the office of the City Clerk Appeal: PZD-2024-0005: (N. Rupple Rd. & W. Salem Rd./Foxtail Meadows, 205): An ordinance to approve a Residential Planned Zoning District entitled PZD-2024-005 for approximately 44.0 acres located on North Rupple Road and West Salem Road in Ward 4. At the February 18, 2025 City Council meeting this ordinance was left on the first reading. City Attorney Kit Williams stated that at the last City Council meeting, the City Council had passed a change to their rules of order and procedure, so that if a motion to suspend the rules were made, the ordinance would then go to its third and final reading. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed 7-1. Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Min. Jones voted no. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and of the details surrounding the project. He stated staff recommended approval of the Planned Zoning District (PZD). He stated the Planning Commission had denied the request last year by a vote of 4-4. He was available for questions and noted that Allison Quinlan was present as the applicant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 7 of 18 Allison Quinlan, Principal Architect + Landscape Architect with Flintlock Lab gave a brief description of the request. She stated that by right, they could develop the property at around 156 units and were currently asking to do around the same number of units with the new zoning district, however they would be smaller units which would leave more green space. She stated the western portion of the site was proposed to be for individuals aged 55 and up, while the eastern portion was proposed as the same product with no age limit. She went on to speak of fire code compliance and how they would have a fire access route through the eastern half of the site, and they would have an easement with the neighbor to the west that would be additional fire access. She went on to speak of how they were proposing standard City of Fayetteville street sections within the development and went into further statistics on fire safety, and how multifamily developments were significantly safer. She referenced the conservation area and the steep slopes throughout the City where development occurred. She went on to explain their reasoning for not wanting to build under the current zoning district on the property, and how that zoning would result in houses that were more expensive due to being bigger and on bigger lots. She provided data on common household types, with the most common being a two person household. She went on to explain how they were asking to build the same number of units on a smaller amount of land, providing more green space, less impervious surface and attainable housing. Council Member Min. Jones thanked Jonathan Curth and Allison Quinlan for the information they had provided. She spoke of her experience in purchasing a home near the property, and how she had concerns regarding on -street parking which could reduce access for the Fire Department. She stated her family had not been allowed to park on the street in their own neighborhood due to safety reasons, and she was not willing to take that risk for the danger of other citizens. Allison Quinlan stated the development would differ from Council Member Min. Jones neighborhood at Salem Village, as this development would have one row of on -street parking while also maintaining the 20 foot fire distance that was required. She stated the homes would also have a two car garage as well as two parking spaces in the driveway. There was then a brief discussion between Council Member Min. Jones and Jonathan Curth regarding how the developer was not required to fix any preexisting conditions. Council Member Min. Jones then went on to speak of how there was already existing flooding in the area, and questioned what happened if the flooding became worse after the development and the developer was not willing to fix anything. Jonathan Curth went on to explain how within the City's Drainage Criteria Manual, a development cannot exacerbate any existing conditions. He believed the project had expressed an interest in potentially improving the conditions, but the City cannot require existing conditions to be improved. Council Member Min. Jones questioned who was responsible for policing the developers when they did exacerbate conditions and what the City's responsibility was. Jonathan Curth stated that during the development review process, staff would ensure that projects observed the City's standards. He then explained how the City's current standards could protect both the residents of the subdivision and the City, and he explained how the City required easements to be dedicated so detention ponds could be entered upon if problems arose. He clarified that the intent was for the Property Owners Association (POA) or the Homeowners Association (HOA) to maintain those facilities. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 8 of 18 Council Member Turk spoke of the existing water issues in the area and understood that with this proposal there was the potential for a large culvert and redesign of the intersection to happen. She spoke of cost shares and questioned if those could be used to improve upon areas that had already known issues. Jonathan Curth answered yes, and stated most of the cost shares the City Council considered were predicated on the public good. Council Member Turk questioned that once the City Council approved a cost share, was an inspection then done to ensure there had been a public benefit. Jonathan Curth spoke of how projects were reviewed and calculated to form that basis, and that the City's public works inspectors consider every piece of information as well and were involved up until the minute the City accepted it. The City Council received 9 public comments regarding this ordinance. Council Member Berna requested that Fire Chief Brad Hardin come forward and give a report of any issues with the request that the Fire Department had. Fire Chief Brad Hardin briefly spoke of how the development would have to comply with the City of Fayetteville's Fire Code and that the Fire Department would review the project to ensure its compliance once it went to the large scale development process. He then went on to speak of the fire response time to the property and how it was at eight minutes, when the goal was four minutes. He did not see the development having a significant impact on the workload of the nearby fire station. He explained how the City anticipated growth for the area, and that a future fire station was being planned to be built nearby. He explained fire flow and how the development would be beneficial to the area in that regarding, as they would be putting in additional infrastructure and fire hydrants. Council Member Bunch stated that it had been brought up by a member of the public that once the property was rezoned, anyone could build anything on it. She questioned what would happen to the property if the PZD were not built. Jonathan Curth stated he had heard that comment and understood the concern to be that if the developer were to sell the property or had a different idea for it, they might change what was currently proposed. He clarified that this PZD had a higher level of detail that staff could hold the project to, and that if it were rezoned as proposed tonight, a new developer would have to conform to the proposed site plan, street layout and things of that nature. Council Member Bunch questioned how long the PZD rezoning would be good for. Jonathan Curth briefly explained how the City's development code stated that PZD entitlements stayed with the property in perpetuity or until somebody either amended or rezoned it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 9 of 18 Council Member Bunch questioned that if the property were sold, would any changes to the PZD have to come before the Planning Commission and City Council again. Jonathan Curth stated that was correct. Council Member Min. Jones had heard Jonathan Curth earlier state that the developer or the POA were responsible for maintaining storm water systems once they were in place. Jonathan Curth specified how the stormwater systems that were on the HOA / POA properties, such as detention or retention ponds, were their responsibility, while the City maintained the pipes running under the streets. Council Member Min. Jones questioned what the responsibilities of the developer were to address or mitigate potential safety risks such as increased traffic. Jonathan Curth spoke of how when a development entered the development review process, staff could require more detailed documentations, traffic studies and things of that nature that could require the developer to address an existing traffic concern either onsite or offsite the property. He then explained how periodically the City could require the developer to contribute to future traffic signals, or the installation of an entire traffic signal off site. Council Member Min. Jones questioned if the City absorbed those costs. Jonathan Curth explained how it was typically standard for the developer to bear the costs of the impacts created by their development. He then went on to speak of how if there was public benefit, the City could enter into a cost share agreement. Council Member Min. Jones spoke of where she currently lived and how she was not against the developer and believed the City needed the housing, she just wanted to reduce the risk of flooding in her neighborhood and future neighborhoods. She wished to keep the property at its current zoning, because she believed the request would cause further flooding issues. Council Member Moore spoke of how challenging it was when the City abutted the more rural areas in the county. She had spoken with nearby county residents, and they had shared that their homes in the past had not taken on water, but developments that occurred at the county area facilitated that additional water, which flowed and impacted the City. She hoped the County would be part of the solution in the future and that they could partner with the City. She spoke of how they were currently looking at all of their zoning and regulations, and felt there could be more conversation around how the City and County impacted each other's developments. She stated the County did not have stormwater regulations and of how the City's new stormwater fee would allow the City to work on regulating and enforcing stormwater issues. She then went on to speak of how if the property became single family houses, it would not be the most ideal situation, and that the infrastructure would be expensive. She heard everyone's comments and feedback. She believed this was a thoughtful development and that it met the City's sustainability goals and recognized the need for small households. She would be supportive of the request and hoped the conversation would continue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 10 of 18 Council Member Wiederkehr thanked everyone who had participated in the tour of the property. He then went on to speak of how if the property stayed under its current zoning, the fire response time would be the same as with the new zoning designation, and the traffic would be the same. He stated the City was going to need development on the edges of town to accommodate infill growth. He displayed a map of the City's boundaries and where the property was located. He went on to speak of how this would not be infill, and that it did meet the definition of sprawl on the edge of town, however it was sprawl that was closer than other developments and other properties in the City. He stated that if the need for housing was such that this wasn't a deal breaker, than this would be the volume of housing that he would like to see the City obtain through this land. Council Member Turk appreciated everyone and their comments. She stated this had been a challenging vote for her, due to there being an argument about compatibility and how this development would be different from what was near the property now. She then explained how the density would be equal with the new zoning as it was with the current zoning. She believed this development would provide a better way to place housing while being sensitive to the properties landscape. She noted how the property was on the County line, and questioned that if storm water drainage was improved, streets were expanded, how would the City coordinate with the County to ensure everyone was doing their part to make everything better. Jonathan Curth stated that usually happened at the construction level. He then went on to explain how the City of Fayetteville Water and Sewer Department serviced both this property and the county residents to the north, so the coordination would be easier. Council Member Turk questioned if in the past the City had had a lot of coordination with the County, or did the residents that lived nearby need to contact the County and request they work with the City to improve services. Jonathan Curth spoke of how that varied a lot by projects, but that coordination typically occurred during the construction permitting level of the process. Council Member Turk questioned if the north side of the property on Salem Road was within the City's right of way. Jonathan Curth stated that Salem Road on the north side was removed from the property in question tonight, and that there were a row of properties that fronted Salem Road that were all in unincorporated Washington County. Council Member Turk stated it would be helpful for everyone that lived in the County to contact their justice of the peace and explain their concerns. She could see arguments for and against the development, and felt it was a tough decision for her. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Min. Jones voted no. Ordinance 6848 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 11 of 18 New Business: 2025 Fire/Police Pay and Benefits Study (Step -Pay Plan Approval): A resolution to approve the 2025 Fire and Police Pay and Benefits Study prepared by JER HR Group, and to approve the 2025 Fire and Police Step Pay Plans. Mayor Rawn spoke of how this resolution tied in closely to the next resolution, and that if anyone had any questions Steven Dotson and Missy Hutchenson would be available. Missy Hutchenson, Human Resources Director stated staff was moving forward with the recommendation that the City Council approve the request. She would be available for questions. The City Council received 1 public comment regarding this resolution. Council Member Berna believe the vast majority of individuals within the City acknowledged the importance of public safety. He believed the City had the best police and fire force, and that if the City wanted to keep said force, it had to pay them. He would be supportive of the item. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Council Member Moore briefly spoke of how public safety spending had to do with a lot of things, such as healthcare, alternative responses, crisis response as well as diverting individuals out of the E.R. and the City's jail system. She would be supportive tonight because she believed these were bigger conversations that the City needed to have as the budget was reviewed and the City was strategic about investments. She then went on to explain how everyone in the City of Fayetteville had value and believed that public safety would be defined differently in the future, and she looked forward to Fayetteville leading in that. She would be supportive, but believed the City needed to think about minority viewpoints that were relevant to these discussions. Council Member Wiederkehr stated he was very supportive of the request and briefly spoke of how he defined public safety more broadly after having spent years in public works. He went on to explain how the individuals who served in the City's Police and Fire Departments had a misperception about what they were compensated for sometimes, as he believed they were compensated not just for what they do, but what they see as well. He commended the officers for being willing to pursue and stay in their careers, and that the costs of losing a sworn employee and replacing them was 150% of the cost of one year's salary. He believed it was far less expensive for the residents of Fayetteville to keep the staff they spent a year training, and he would therefore be supportive of the resolution. Council Member Dr. Jones requested that Police Chief Mike Reynolds come forward and speak to how crime had decreased in the City. Police Chief Mike Reynolds stated that the City's crime rate and crime index was the lowest in 2024 than it had been in 25 years. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 12 of 18 Council Member Dr. Jones stated that as it related to concerns from the community regarding race and mental health, the City's Police Department had worked consistently with social response, and that other nearby municipalities were modeling Fayetteville. He requested the Police Chief clarify that. Police Chief Mike Reynolds stated that when he became Police Chief, he joined in a partnership with the University of Arkansas School of Social Work to address the mental illness within the community. He briefly spoke of that program and the work that had went into creating a Crisis Intervention Response Team, which paired social workers with crisis intervention trained officers to respond to calls that were not necessarily criminal in natural. Council Member Dr. Jones spoke of how the officers were receiving training and connecting individuals with resources. Police Chief Mike Reynolds stated that was correct, and how the Police Department tried to find partnerships within the community to find resources for individuals that were battling issues. Council Member Dr. Jones clarified that if anyone was concerned or had questions about what the Police Department was doing, they could reach out to the Police Chief, the social workers or anyone in the department to see how the Fayetteville Police Department was a model department. He stated this was an investment in people and that he also recalled how there used to be issues with arresting certain groups of people; those numbers were now drastically reduced. He questioned where citizens could find information regarding those numbers. Police Chief Mike Reynolds stated their data was published on a weekly basis, and that he also reviewed that with the Mayor every Tuesday. He stated the Police Department was part of the Commission on Accreditation for Law Enforcement Agencies, which required the Police Department to publish that data as well as have best police practices that the City incorporated into their policy. He briefly went on to speak of the policies they had incorporated, which also had to do with racial profiling prohibited. Council Member Turk stated she would be in full support of the resolution and spoke of the competition that the City was in with nearby districts and wanted to ensure Fayetteville retained their officers. She applauded the Police Department for their collaborative efforts. She then went on to speak of how having a good, stable, competent, caring, compassionate and innovative police force was the foundational principle to keep Fayetteville thriving. Council Member Bunch stated that when the City invested in their police and fire, they were investing in the entire community. She then spoke of the importance of retaining officers and how it made the community more appealing to citizens as well as businesses. Council Member Min. Jones stated the City paid its police well and that she agreed with raises but questioned how the City staffed for overtime and City growth. She then questioned what the ratio to per capita was and how often police officers could respond. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 13 of 18 Police Chief Mike Reynolds spoke of how he had mentioned the need for officers per 1000 and that when he had taken over as Chief, there had been 1.31 officers per 1000 residents, and the average in Arkansas was 2.26, so he had tried to grow that rate. He then went on to explain how the City had a minimum of 10 patrol officers at any given time. He stated the Police Department tried to maintain a good work life balance, but also wanted to ensure the needs of the community were met. He stated there were four officers assigned to Dickson Street as well as two officers assigned full time to the City's trails. Council Member Min. Jones asked for clarification on how the Police Chief and Human Resources were preparing for staffing levels with increased planning and development in the City. Police Chief Mike Reynolds spoke of how there was nothing tied to development, but he would like to see that be done in the future. He went on to explain how it had to do with how much money the City had and what it could afford for staffing, as well as what was priority. Council Member Min. Jones questioned Human Resources on what type of studies the City was doing to keep up with growth in order to ensure communities were safe. She clarified that her question had to do with what the City was doing for planning overtime and staffing for community policing in large development areas. Missy Hutchenson stated Human Resources did not control staffing for each department, that was something that was handled by individual departments during the budget process. Council Member Min. Jones stated the City was understaffed in it's Police and Fire Department as it continued to grow, and she wanted to address that issue. Council Member Stafford stated the City had a great Police and Fire Department and would be happy to vote in support of the resolution. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed unanimously. Resolution 73-25 as recorded in the office of the City Clerk 2025 Employee Compensation Adjustment (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $2,409,500.00 to facilitate the city-wide 2025 employee compensation adjustment. Steven Dotson, Interim Chief Financial Officer stated he had presented this topic at the previous Agenda Session and would be available for questions. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed unanimously. Resolution 74-25 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 14 of 18 1780 North Fox Hunter Road (Sewer Service Extension): A resolution to approve an extension of the city's sewerage system beyond the City limits to property located at 1780 North Fox Hunter Road. Tim Nyander, Utilities Director gave a brief description of the resolution. He stated there was an 18 inch sewer line in front of the property and that the elevation of gravity was adequate. He stated staff did not have any problems with the connection so long as the applicant installed the proper infrastructure and paid for it themselves. Council Member Moore spoke of how septic on the property did not test out, as the property was on a steep mountainside that had high clay content. She stated the applicant had worked with the Ozark Water Watch Program and a septic designer that noted the issues, and how it would be best for the applicant to connect to the main sewer line. She spoke of how the applicant contributed to the City of Fayetteville as a business owner who also had land in a conservation within the City. She stated the sewer line was right by the property; the capacity was there, and it did not appear to be a big burden in the City. She hoped the City Council would consider the request. Council Member Turk thanked Council Member Moore for bringing the item forward. She then went on to speak of how she would like for the item to go through the Water and Sewer Committee for review and then be brought back before the City Council. Council Member Stafford appreciated Council Member Turk's input, as he would like to learn more about the process. He questioned if there would be any cost to the City with the project. Tim Nyander stated the manhole the applicant would install would become public property, and the City would maintain it, but would not maintain the service line that came from the residence. Council Member Stafford questioned what the average cost of servicing the manhole would be. Tim Nyander stated he could not put a number on the specific costs of servicing one manhole. Council Member Stafford stated he would love for the item to go through the Water and Sewer Committee so he could learn more and see what the procedure was on it. Council Member Moore stated she was potentially open to that but would like to hear from the applicant first. She then clarified that any City Council person could bring an item such as this forward and would urge that if it needed to go through the Water and Sewer Committee, that it be put into a policy or procedure somewhere to save applicants time in the future. Mayor Rawn stated she would be happy to hear from the applicant. She then went on to state that if the Mayors Office was ever asked, they would be happy to recommend that and they would be available to help with that process if Council Members wished to do so. Council Member Berna questioned if the applicant was experiencing a time constraint and needed to move the request forward quickly. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 15 of 18 Jeanie Hall, Applicant stated she had been working on the request for approximately 14 months and gave a brief description of the resolution. She stated her home was outside of City limits, but that there were plans to potentially annex the area into the City in the future. She spoke of how it had been determined that her land soil did not meet the new Health Department standards for a septic system due to its high clay content. She then went on to explain how the existing septic system on the property had been installed in the 1970's and was now showing signs of a complete failure, and that the City's main sewer line ran directly through her property and made the connection to it a logical and safe solution to her issue. She clarified that she was not seeking any financial assistance from the City for the project and understood that the financial responsibility would fall upon her. Council Member Turk questioned if there was an urgency to the request. She stated the Water and Sewer Committee was meeting next week, and the item could then come back to the City Council in two weeks. Jeanie Hall stated the urgency was that she was unable to use her current septic system and did not have a safe way to dispose of waste. Council Member Berna stated that in consideration to that, he would like to move forward with the City Council approving the resolution and then working on drafting something on specific rules for future similar items to come forward. Council Member Turk agreed and felt it would be helpful to clarify the process for the future. Council Member Berna moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 75-25 as recorded in the office of the City Clerk Ordinance §114.02 - Farmer's Market (Amendment): An ordinance to amend § 114.02 Farmer's Market to enact a new (K) Services that would be of benefit as a complement for the Farmer's Market and (L) Personal Care Products. City Attorney Kit Williams read the ordinance. Council Member Moore gave a brief description of the ordinance. She had met with the Farmer's Market regarding changing the market's rules and opening it to services and high quality personal care products, which could open the door to more individuals. Members of the Farmers Market were present, but did not have anything further to add to the item. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 16 of 18 City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6849 as Recorded in the office of the City Clerk Truth in Leasing (Ordinance): An ordinance to enact § 120.03 Truth in Leasing; disclosure of rental fees and costs for leased residential properties in the City of Fayetteville. City Attorney Kit Williams stated that before he read the ordinance, Council Member Moore had an amendment she would like to propose. Council Member Moore stated that based on the feedback she had received at the previous Agenda Session, she had worked with the City Attorney to draft a revised ordinance. She would be open to holding the item on its current reading to get additional feedback. Council Member Turk requested clarification on what had changed within the language. City Attorney Kit Williams briefly read the changes that had occurred within the ordinance; a copy of which had been handed out to the City Council. Council Member Moore moved to amend the ordinance to the revised version City Attorney Kit Williams read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the amended ordinance. Council Member Moore gave a brief presentation of the request and provided more details on the ordinance. She spoke of how renters within the City were being charged unknown fees for rental properties when applying, and that oftentimes they were not told all of the ongoing costs they would be charged, which was becoming burdensome to renters. She stated there had been concerns expressed from the community regarding how applicants often didn't know the criteria in which they were being considered for approval of rental properties. She then went into a brief presentation over rental properties in and around Fayetteville. She explained how the goal around the ordinance was to increase transparency and help renters become educated and make an informed decision when applying to properties. She stated this ordinance would help the City fulfil some of its strategic goals in creating opportunities for attainable housing and also providing support to targeted policies and programs. She would be available for any questions or feedback. City Attorney Kit Wiliam briefly spoke of compelled speech and how he wanted to ensure the City could pass the test for it. He went on to explain how the City passed the first two tests of compelled speech, in being that the ordinance was purely factual and non -controversial. He would like for the ordinance not to be passed at this meeting, as he would like to see actual facts regarding individuals who had been confused and had problems with paying their rent or budgeting properly 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 17 of 18 due to the confusion. He believed the City would have a much stronger case if it could get actual incidents where individuals had those problems due to the fee amounts not being disclosed. Mayor Rawn believed that many individuals in the community had been impacted by this. City Attorney Kit Wiliams stated that was information the City needed to make sure it had good support for the ordinance. Mayor Rawn clarified that the reason why the City Attorney was requesting testimonies was not to sway the City Council one way or another, but to give him legal footing in moving forward. City Attorney Kit Wiliams answered yes. He stated that to meet the test he spoke of earlier, the City needed to justify why the City Council was doing this. The City Council received 11 public comments regarding this ordinance. Mayor Rawn referenced the public comment that had been spoken, with many individuals giving testimonies. She questioned if that had been sufficient for the City Attorney so the City Council could move forward and entertain a possible motion on the ordinance. City Attorney Kit Williams stated that any time the City instituted a new regulatory scheme on an industry, it made sense not to do it in one night and to give the industry a chance to hone out any problems they thought might be there. He believed there would also be more individuals at the next City Council meeting that would provide additional information to support the City Councils finding regarding the ordinance being a substantial interest for the community. Mayor Rawn acknowledged the City Attorney's recommendation as well as the individuals who were experiencing the housing crisis and how this felt like an emergency in their lives. Council Member Stafford stated he would like to keep the ordinance on it's first reading because he would like additional clarification regarding things such as utility costs and how those change monthly. He then also questioned if there was a template for all landlords to use regarding the fees. City Attorney Kit Williams stated he did not believe the City could come up with a template, because all the landlords had various different fees they charged. He then went on to explain how he tried to cover all the potential fees within the language of the ordinance. There was then a brief discussion between Council Member Stafford and City Attorney Kit Williams regarding how landlords would disclose the fees to potential tenants. City Attorney Kit Williams stated that if the landlord did not charge an application fee, then prior to a potential tenant signing the lease, there would need to be an attachment to the lease that listed out all the potential fees and other miscellaneous charges. Council Member Moore then clarified that in the event there was a building with multiple apartments/floorplans for rent, the landlord would place the fees where the building permit was in the main office of the complex. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 4, 2025 Page 18 of 18 Council Member Dr. Jones spoke of how the ordinance sounded simple and straightforward. He stated this would basically be a disclosure statement, and he would be supportive. Council Member Turk spoke of how enlightening hearing from the public as well as the presentation had been, as she had no idea there were so many fees. She felt it would be beneficial to add whether some of the fees were refundable or not. Council Member Moore clarified that the only items she had listed were those that she understood to be nonrefundable, but she would be happy to clarify language around that within the item. Council Member Turk believed that would be helpful. She then went on to explain how as a landlord who wanted to comply, she believed a template would be very helpful. She then went on to state that if the item passed, she believed there needed to be a lot of public relations regarding it so that landlords were not surprised. She would like to hear from landlords in two weeks regarding any potential problems they could identify with the ordinance. She then spoke of how the request needed to be advertised well and a deadline set. This ordinance was left on the First Reading. Announcements: Mayor Rawn stated there would be a Ward One meeting Thursday at 6:30 pm via Zoom. City Council Agenda Session Presentations: None City Council Tour: Tour Date: February 28th, 2025 Time: 3:30 pm Address: 3395 N. Rupple Rd. Parking: Along the driveway of 3395 N. Rupple Rd. Request: Planned Zoning District that encompasses approximately 40 acres. Adjournment: 9:19 p.m. Molly Rawn, Mayor f�EE�nE��T�pA- Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov