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HomeMy WebLinkAbout2025-07-15 - Minutes - City Council Meeting Minutes July 15, 2025 Page 1 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting July 15, 2025 A meeting of the Fayetteville City Council was held on July 15, 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, D’Andre Jones DHA, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Minister Monique Jones, Mayor Molly Rawn, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Interim Chief of Staff Keith Macedo, Chief Financial Officer Steven Dotson, Staff, Press and Audience. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Mayor Molly Rawn announced that item B.2., Establishment of Fayetteville Renters Council, was requested to be tabled by the item sponsor. She also stated items C.6, VAC-2025-0007 (Appeal of Planning Commission Denial, and C.7, RZN-2025-0011 (Appeal of Planning Commission Denial), were requested to be tabled by the applicant. She wanted to inform the public as a courtesy to those who may have shown up for those items. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None 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 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 July 15, 2025 Page 2 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Consent: Approval of the June 17, 2025 City Council Meeting Minutes Approved. Approval of the July 1, 2025 City Council Meeting Minutes Approved. Drake Street Trail Connection: A resolution to award bid #25-36 and authorize a contract with Grant Garrett Excavating, Inc. in the amount of $1,558,910.80 for the construction of the Drake Street Trail Connection Project; to approve a project contingency in the amount of $100,000.00; to authorize a tri-party agreement between the City, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation to accept additional federal-aid transportation alternatives program funding in the amount of $710,534.00; and to approve a budget adjustment. Resolution 159-25 as recorded in the office of the City Clerk Mural Service Contract Change Order: A resolution to approve Change Order No. 1 to the contract with Agar, LLC in the amount of $9,200.00 for the change in mural location – West Avenue Mural Project. Resolution 160-25 as recorded in the office of the City Clerk Airport Business Plan: A resolution to approve Task Order No. 12 with Garver, LLC in the amount of $49,983.48 for services related to the development of an airport business plan, and to approve a budget adjustment. Resolution 161-25 as recorded in the office of the City Clerk Underwood Park Improvements: A resolution to award bid #25-38 and authorize a contract with Legacy Construction Management in the amount of $3,628,930.66 for Phase 1 Construction at Underwood Park, to approve a project contingency in the amount of $250,000.00, and to approve a budget adjustment – Park Improvement Bond Project. Resolution 162-25 as recorded in the office of the City Clerk Bond Underwriter Contract: A resolution to approve a five-year contract with Stephens, INC. Pursuant to RFQ 25-05 for bond underwriting and related services. Resolution 163-25 as recorded in the office of the City Clerk City Council Meeting Minutes July 15, 2025 Page 3 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Intent to Appropriate Funds Toward Addressing Homelessness: A resolution to express the City Council’s intent to appropriate up to $450,000.00 from the General Fund balance to support initiatives addressing homelessness. Council Member Moore asked to pull item A. 8, Intent to Appropriate Funds Toward Addressing Homelessness, off consent due to members of the public who had requested to speak on it. She made a motion to approve the remaining items from the Consent agenda. Council Member Berna asked City Attorney Kit Williams if instead of hearing the item immediately after Consent, the City Council could suspend the rules and hear the item after C.7, RZN-2025-011 (Appeal of Planning Commission Denial). It was decided to vote on the motion to approve Consent and then City Council could vote on moving the item. Council Member Moore moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Berna moved to have item. A. 8, Intent to Appropriate Funds Toward Address Homelessness, heard after item C.7, RZN-2025-011 (Appeal of Planning Commission Denial). Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Vacation-2025-0013: (3661 W. Wedington Dr.): An ordinance to approve VAC-25-13 for property located at 3661 West Wedington Drive in Ward 4 to vacate 0.95 acres of tree preservation. For item history from May 6, 2025 through June 17, 2025 please contact the Office of the City Clerk Treasurer. At the July 1, 2025 City Council Meeting this ordinance was left on the third and final reading and tabled to the July 15, 2025 City Council Meeting. City Attorney Kit Williams stated that before he read the ordinance, he understood there might be a proposed amendment. Jonathan Curth, Development Services Director gave a brief recap of the location and history of the item. In the proposed amendment, he stated there were two conditions of approval; one was to dedicate a new easement totaling 2.3 acres on the same property to the south and the second was to contract a prescribed burn on the larger piece of the property south of the Ozarks Electric Campus. The prescribed burn was to be coordinated with forestry staff, the applicant and to be completed by the end of 2026. Willa Thompson, Urban Forester and Jenny Burbidge, Landscape Architect with Crafton Tull and Prism Design Studio were available for questions. Council Member Turk commended everyone for discussing the item repeatedly and coming to the best conclusion with a controlled burn. She thanked everyone for their hard work. Jenny Burbidge stated on behalf of the owner that they were in full agreement with the ordinance. City Council Meeting Minutes July 15, 2025 Page 4 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr moved to amend to match City staff’s proposed amendment. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director was available for any clarifying questions. Council Member Wiederkehr moved to adopt the ordinance. Mayor Molly Rawn stated the City Council needed to hear public comment first. City Attorney Kit Williams added that the City Council could suspend the rules and go to the third and final reading. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6894 as Recorded in the office of the City Clerk Establishment of Fayetteville Renters Council: An ordinance to establish the City of Fayetteville Renters’ Council representing the interests of renters located within the City of Fayetteville to advise and make recommendations to the Mayor and City Council on public policy matters of importance to renters citywide in Chapter 33 of the Fayetteville City Code. At the June 17, 2025 City Council Meeting this ordinance was left on the first reading and tabled to the July 15, 2025 City Council Meeting. Council Member Dr. Jones moved to table the ordinance to the August 5, 2025 City Council meeting. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the August 5, 2025 City Council meeting. New Business: Fayetteville Local Police Pension and Relief Fund Consolidation with a 3% COLA: An ordinance transferring administration of retirement coverage for eligible members of the Fayetteville Pension and Relief Fund to the Arkansas Local Police and Fire Retirement System (LOPFI) and authorizing the Mayor to enter into an irrevocable agreement with LOPFI. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes July 15, 2025 Page 5 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Steven Dotson, Chief Financial Officer explained the ordinance was to transfer the assets and consolidate the Police Pension retirement plan with LOPFI. He stated David Clark, Executive Director of LOPFI was available for remarks and questions. David Clark, Executive Director of LOPFI explained that LOPFI administered 255 local plans and was very familiar with the process of transferring. Two years ago, the City Council made the decision to consolidate the fire pension plan and that had gone smoothly, he anticipated the same for the police pension plan. He was available for questions. Council Member Min. Jones and Steven Dotson discussed the amount budgeted for the Cost-of- Living Adjustment. Steven clarified that there was no amount budgeted for the Cost-of-Living- Adjustment and the old pension plan was primarily funded through a state statue. He had examined future projections and decided there was sufficient revenue through the four tenths of a mill property tax. 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 Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council member Bunch moved to adopt the emergency clause. Council member Berna seconded the motion. Upon roll call the motion passed unanimously. Ordinance 6895 as Recorded in the office of the City Clerk Mayor Molly Rawn announced item C. 2, Recycling and Trash Division Rate Study and item C. 3, Recycling and Trash Division Rate Increase Adoption, were two separate items that would receive one presentation that incorporates both from Peter Nierengarten, Environmental Director Sustainability & Resilience. At this point in the meeting it was discovered there were technical difficulties with the screens and there was a three minute recess. Mayor Molly Rawn proposed the City Council skip to items C. 5, Amend §167.04 Tree Preservation and Protection during Development, C. 6, VAC-2025-0007 (Appeal of Planning Commission Denial), and C. 7, RZN-2025-0011 (Appeal of Planning Commission Denial), due to their lack of visual presentations to give the IT department time to fix the screen issue. City Attorney Kit Williams stated there would need to be a suspension of the rules to do so. City Council Meeting Minutes July 15, 2025 Page 6 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna moved to suspend the rules to hear items C. 2 – C.4 later in the meeting due to technical difficulties. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Amend §167.04 Tree Preservation and Protection During Development: An ordinance to amend § 167.04 Tree Preservation and Protection During Development to provide the City Council increased potential requirements when an applicant seeks to vacate a Tree Preservation Easement and to declare an emergency. City Attorney Kit Williams read the ordinance. Council Member Turk thanked Council Member Moore for delaying her initial proposal so that she could have time to draft this ordinance with staff. She explained the current tree vacation code needed more details, and the proposed updates would give the City Council the ability to send any proposals through the Urban Forestry Advisory Board and require an application to be filled out. She was available for questions. The City Council received 1 public comment regarding this ordinance. Council Member Turk addressed the public comment received regarding the criteria on if a tree vacation on a property would benefit the community. She stated there weren’t any metrics on identifying the benefit to the City but there would be a standardized metric for future tree preservation vacations. Council Member Moore 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 Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. City Attorney Kit Williams stated there was an emergency clause that required a separate vote. Council Member Turk moved to accept the emergency clause. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Ordinance 6896 as Recorded in the office of the City Clerk VAC-2025-0007 (Appeal of Planning Commission Denial): An ordinance to approve VAC-25- 07 for property located at 7 South University Avenue in Ward 2 to vacate a portion of airspace above an existing platted alley right-of-way. City Council Meeting Minutes July 15, 2025 Page 7 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth, Development Services Director stated the applicant requested in writing to table the item for the August 5, 2025 City Council Meeting. Council Member Berna moved to table the ordinance to the August 5, 2025 City Council meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the August 5, 2025 City Council meeting. RZN-2025-0011 (Appeal of Planning Commission Denial): An ordinance to rezone the property described in Rezoning Petition RZN 2025-11 for approximately 2.83 acres located Southwest of West Center Street and North University Avenue in Ward 2 from RMF-40, Residential Multi- Family, 40 units per acre and DG, Downtown General to MSC, Main Street Center, subject to a Bill of Assurance. Mayor Molly Rawn stated there was an applicant request to table the ordinance to the first meeting in August. Jonathan Curth, Development Services Director confirmed the request. Council Member Berna moved to table the ordinance to the August 5, 2025 City Council meeting. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the August 5, 2025 City Council meeting. At this point in the meeting, the technical issues were resolved and the meeting resumed at item C.2, Recycling and Trash Division Rate Study. Recycling and Trash Division Rate Study: A resolution to accept and adopt the 2025 Recycling and Trash Collection Rate Study. Peter Nierengarten, Environmental Director Sustainability & Resilience gave a presentation on items C. 2, Recycling and Trash Division Rate Study, and C. 3, Recycling and Trash Division Rate Increase Adoption. In August 2024, the City hired Raftelis Consultants following a Request for Proposal to conduct a rate study for recycling and trash collection services. The scope of the project included reviewing existing programs, developing a financial plan, and analyzing the cost of service over a 10-year forecast. The goal was to achieve full cost recovery and propose a five-year rate plan to ensure financial sustainability. Since 2018, operating revenues had consistently fallen short of operating costs, a trend projected to continue through 2030. One key area of concern was the high cost of recycling collections. The cart-based system was projected to cost $17.7 million annually, compared to $19.1 million for curb-side recycling due to a lower per-ton cost. The department planned to fund this through their $6.4 million reserve and potential grants from the Environmental Protection Agency and the Recycling Partnership. The City planned to use education campaigns (in English and Spanish), printed instructions on cart lids, and anti- City Council Meeting Minutes July 15, 2025 Page 8 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov contamination software that would identify contaminants via truck-mounted cameras and notify residents with targeted postcards. He went on to elaborate on the high injury rate of the current program and the turnover rate due to its labor-intensive nature; the cart-based model was expected to reduce these risks significantly. Cities like Sarasota, FL, and Central Ohio saw major increases in recycling rates after adopting cart-based systems. Local examples, including Rogers and Bentonville Arkansas, showed higher recycling volumes than Fayetteville under cart-based models. The City planned to order trucks before an expected price hike in August, issue a Request for Proposal for processing recyclables in the fall, and launch the new program in the second quarter of 2026. They would begin with residential service and expanding to multi-family and commercial customers. He was available for questions. Mayor Molly Rawn thanked Peter Nierengarten for his hard work on this topic. She was pleasantly surprised by how much technology for cart-based recycling had improved over the past quarter century and how much better the outcomes were for this form of recycling. Council Member Min. Jones and Peter Nierengarten spoke on the Environmental Protection Agency grant he applied for. He stated the grant amount was 5 million dollars. They then spoke on the process of outsourcing part of the recycling plan. Peter Nierengarten stated the City would still collect the recyclables and then deliver them to a vendor who would process and sort them. Council Member Turk stated that within the current recycling program there was a less than 1% contamination rate and the national average for single stream recycling is 25%. She questioned where the contamination rate numbers were for Springdale, Rogers and Bentonville Arkansas who have already started to use single stream recycling. Peter Nierengarten explained that in 2016 the City did a pilot of single stream recycling, and the contamination rate was 8% across 1000 residents in the Southeast side of Fayetteville. Their goal is to have a 10% contamination rate. He intended to employ best in class efforts and technology to keep the contamination rate as low as possible. Council Member Turk asked if the anticipated charge for the Materials Recovery Facilities was factored into the budget and what the anticipated cost would be. Peter Nierengarten stated that currently the City received approximately $100.00 a ton for the bailed recyclables that are sold through the recycling processing facility. They anticipated receiving $50.00 a ton in terms of revenue share for recyclables back from the selected vendor that will do the processing. Council Member Turk asked how the 20% more participation rate was figured and how education would encourage more people to recycle. Peter Nierengarten explained that the participation rate projections were based on case studies from other communities. He went on to say that the increase in participation would be driven by not only education but by the increase in convenience and access to the customers. Council Member Turk called into question again about where the numbers were for contamination rates from Springdale, Rogers and Bentonville, Arkansas. Peter Nierengarten responded that he could try to track down those specific numbers. He further explained the numbers originally provided were from recycling programs across the county that were best in class. They based the program off those cities as a strategy to keep the contamination rate as low as possible. Council Member Turk and Peter Nierengarten then discussed the possibilities of glass and cardboard recycling. He reaffirmed his commitment to continue curbside glass collection and that they would continue to take in cardboard. City Council Meeting Minutes July 15, 2025 Page 9 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna and Peter Nierengarten spoke on staff’s recommendation to go with the cart-based recycling program. Peter Nierengarten stated the recommendation was founded in three areas: labor/staff injury, the cost along with the ability to collect more material and expand the customer base. Currently, the participation rate of recycling is at 40% and they projected it to rise close to 70% with the cart-based recycling program. Council Member Stafford and Peter Nierengarten discussed long-term injuries to employees. Peter Nierengarten reviewed the safety measures the department had taken to better care for the employees. Council Member Stafford then reviewed the hazardous weather conditions and the safety plan for workers to accommodate them. Council Member Wiederkehr and Peter Nierengarten discussed the 20% diversion rate of material that would go to landfill and the participation rates of households. Council Member Berna and Peter Nierengarten reviewed the loss of commodity revenue and how it was factored into projected savings. The City Council received 14 public comments regarding this resolution. During public comments, Mayor Molly Rawn paused to give Peter Nierengarten an opportunity to address various questions. She went on record stating that no one would lose their jobs because of the adoption of this study. Peter Nierengarten, Environmental Director Sustainability & Resilience addressed the concern of potential job loss. He stated that through a combination of natural turnover and attrition of employees, the department would not hire new employees to fill the empty roles. He elaborated on the plan for repeat contamination offenders and stated a fee would not be applied to them. Lastly, he addressed concerns with the recycling centers. He intended to continue operating the two facilities and noted they were in the process of identifying a location for a third recycling center in West Fayetteville. Council Member Wiederkehr shared his personal experience working for a solid waste department in Southern California. He was pleased to live in a community like Fayetteville, that was full of people who were passionate about the environment and recycling. He mentioned the only way to increase the City’s diversion rates was to expand to multi-family communities. He felt discouraged that the current diversion rate to the landfill was only 20% and believed the City could do more. Council Member Stafford expressed his concern about the long-term injuries employees received doing this type of manual labor. He went on to review the tons of garbage that were being kept out of landfills in neighboring cities per citizen; Springdale (.056 tons per citizen), Bentonville (.068 tons per citizen) and Rogers (.081 tons per citizen). His concern lay in the cruel treatment of the workers and how much trash was being kept out of landfills. Mayor Molly Rawn gave Peter Nierengarten another opportunity to address questions that had been raised during public comments. City Council Meeting Minutes July 15, 2025 Page 10 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Peter Nierengarten, Environmental Director Sustainability & Resilience explained the City’s change in processes in going from accepting a variety of 10 items being sorted and recycled down to 7 items. He reviewed the commercial food waste program and the pilot residential food waste program. He briefly mentioned that the anti-contamination software would only take a picture of what was in the garbage truck and not what was outside. Council Member Turk asked why the recycling and trash employees had not been offered hazard pay for their efforts.. She went on to question why different models of ergonomic trucks had not been researched. She expressed disappointment in there only being a 20% diversion rate to the landfill and wanted to explore other solutions besides the cart-based recycling program. She appreciated Council Member Stafford’s statistics but would like them vetted by staff and presented again. She would like to table this item for at least a couple of weeks to have more questions answered. Council Member Berna stated that when Fayetteville’s recycling program first started it was described as pristine and a leader in its field; now it had aged, and the numbers supported that Fayetteville was not leading Northwest Arkansas where it concerned recycling. He respected Council Member Turk’s request to table the item but did note he would only vote to table it once as the cost of the new cart-based recycling equipment could continue to rise into August. He felt confident that if Fayetteville approved the new recycling program, it would become a leader once again in its field. Council Member Moore appreciated the comments from her colleagues and their passion for recycling. She stated she was dismayed when she learned of the injury rate and strain the recycling workers had been placed under. She went on to say that cart-based recycling would be a possible solution for Fayetteville to be a better, more responsible regional partner and divert more waste. She questioned what the standard cart size would be and if there would be an option for multiple sizes. She stated the questions around the sorting process and contamination were valuable and asked that the chosen recycling vendor have full transparency in their numbers as the process continued. Council Member Bunch stated the last time cart-based recycling came up; she was not in support of it but her opinion had now changed. She had an issue with workers being paid to wreck their bodies when the intensity of the work had only increased. She expressed concern for the price possibly increasing if the item were tabled and didn’t think it was a good use of taxpayer dollars. She was in favor of tabling the item if Council Member Turk requested but she could vote on it now. Council Member Stafford believed curb-side recycling was no longer scalable to the city Fayetteville was becoming. He stated the average length of employment for recycling route drivers was less than a year. He was ready to vote and stated that nothing would change his mind. Council Member Turk moved to table the item for two weeks. Mayor Molly Rawn clarified it would be three weeks as that was when the next meeting was. Council Member Bunch seconded the motion. Council Member Moore asked for clarification on when the next meeting was and if by that date, the cost of the truck would have risen. Council Member Bunch echoed concerns City Council Meeting Minutes July 15, 2025 Page 11 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov regarding the truck price increase. Steven Dotson, Chief Financial Officer clarified that the estimated cost of trucks was $10,000.00 and the total cost for $60,000.00. Based on the tariff numbers, the price may increase higher than that. Council Member Stafford requested clarification on the potential 3-week price increase if the item was tabled. Ross Jackson, Fleet Operations Superintendent stated that was correct, if there was not a decision made or a letter of intent by the beginning of August the cost would increase. Council Member Turk closed by stating this was a substantial decision and that over 2 million dollars would be taken out of reserves to pay for the new trucks. She felt that one more meeting should be devoted to the topic so the public could be aware of the potential financial decision. Council Member Turk moved to table the resolution to the August 5, 2025 City Council meeting. Council Member Bunch seconded the motion. Upon roll call the motion failed 4-4. Council Member Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Stafford, Dr. Jones, Moore and Min. Jones voted no. City Attorney Kit Williams questioned if Mayor Molly Rawn would like to vote on the item. Mayor Molly Rawn requested clarification for the public that the vote was to adopt the rate study and not allocate the funds for cart-based recycling. City Attorney Kit Williams clarified that both the resolution and ordinance would need to be passed, and the resolution would accept the study which recommended all in one weekly collection. Mayor Molly Rawn declined to vote. Council Member Stafford moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 7-1. Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Min. Jones voted yes. Council Member Turk voted no. Resolution 164-25 as recorded in the office of the City Clerk Recycling and Trash Division Rate Increase Adoption: An ordinance to align the City’s Recycling and Trash Collection Rates with the recent rate study and increase the Recycling and Trash User Fee by 9.5% for 2026 and 7.5% for 2027 by amending § 50.40 (A) rates for services of the Fayetteville City Code. Mayor Molly Rawn and City Attorney Kit Williams discussed Robert’s Rules of Order and Procedure. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Environmental Director Sustainability & Resilience thanked the City Council for voting on the previous item. He explained the ordinance would effectuate implementing cart-based recycling. There would be a 9.5% rate increase for 2026 and a 7.5% increase for 2027. Council Member Moore and Peter Nierengarten reviewed the various cart sizes citizens could select within the cart-based recycling program. City Council Meeting Minutes July 15, 2025 Page 12 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov The City Council received 2 public comments regarding this ordinance. Council Member Turk moved to table the ordinance for three weeks to allow more information and for the public to be more informed. Mayor Molly Rawn and City Attorney Kit Williams discussed Robert’s Rules of Order and Procedure. It was decided the item could be left on the first reading without tabling. Council Member Stafford asked if waiting was going to increase the cost of the trucks. Peter Nierengarten responded that he did not have an answer, but he would talk to the truck vendor to see if they would take a letter of intent to purchase the trucks based on the passed resolution. Council Member Stafford moved to suspend the rules and go to the third and final reading. His motion died due to a lack of a second. This ordinance was left on the First Reading. Rezoning (East of 1228 S. West Ave./Bates-Siemek, 562): An ordinance to rezone the property described in Rezoning Petition RZN 2025-21 for approximately 0.12 acres located east of 1228 South West Avenue in Ward 1 from RMF-24, Residential Multi-Family, 24 units per acre to UN, Urban Neighborhood, subject to a Bill of Assurance. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a summary of the item. The request was to rezone 0.12 acres of land from Residential Multi-Family, 24 units per acre to Urban Neighborhood, subject to a Bill of Assurance. The Bill of Assurance would limit development on the site strictly to residential units. Staff supported the request and found it compatible from a land use compatibility perspective and was found to be consistent with the City’s long range planning goals. He noted rezoning from a Residential Multi-Family to an Urban Neighborhood would reduce the true canopy requirement from 20% to 15%. The public comment received before and at the Planning Commission meeting was mixed. There were concerns about access to the property being only from an alley and concerns about parking incompatibility. Other comments expressed appreciation for the flexibility the zoning district offered. The alley had established water and sewer lines running through it, which was typically uncommon in Fayetteville alleyways. He stated several Planning Commissioners felt it was appropriate to approve the rezoning without the Bill of Assurance. There was a motion to remove it that failed by a vote of four to four. The Planning Commission forwarded a recommendation for approval. He was available for questions and stated the applicant, Wes Bates, was available to speak on the item. Council Member Moore and Jonathan Curth discussed how a Bill of Assurance could be removed in the future. He stated it was like a rezoning process and required it to be evaluated by the Planning Commission and then come back to City Council. Council Member Stafford and Jonathan Curth then discussed similar builds to this ordinance in Fayetteville. City Council Meeting Minutes July 15, 2025 Page 13 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr moved to accept the Bill of Assurance. It was then clarified by Mayor Molly Rawn and City Attorney Kit Williams that the Bill of Assurance was already included in the ordinance. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6897 as Recorded in the office of the City Clerk Intent to Appropriate Funds Toward Addressing Homelessness: A resolution to express the City Council’s intent to appropriate up to $450,000.00 from the General Fund balance to support initiatives addressing homelessness. Mayor Molly Rawn clarified that the resolution was a resolution of intent. There would be $450,000.00 appropriated from the general fund balance to support initiatives that would address homelessness. Approving the resolution would not move funds over immediately, it was to be used for when proposals come available. She and Steven Dotson, Chief Financial Officer were available for questions. Council Member Turk and Steven Dotson discussed where the proposed $450,000.00 would be coming from. Steven Dotson responded that it would come out of the general fund reserve balance, which is currently estimated to hold $16,200,000.00 by the end of the calendar year. He went on to explain that $16,200,000.00 would be in the account after the 60-day reserve was factored in. The City Council received 2 public comments regarding this resolution. Council Member Moore thanked her fellow council members for letting the item be taken off consent. She stated there was an urgency to act and spoke of her experience with the Washington Regional Ambulance Authority for the City of Fayetteville. Council Member Min. Jones and Mayor Molly Rawn spoke about who could bring forward an item that would use the allocated funds. Mayor Molly Rawn stated that staff were working as a group to bring forward specific items, but the community was welcome to approach a member of staff. Council Member Wiederkehr moved to approve the resolution. Council Member Stafford seconded the motion. In the middle of voting, Council Member Min. Jones stated she had a point of clarification. City Attorney Kit Williams responded that the vote was not to stop for questions, City Council Meeting Minutes July 15, 2025 Page 14 of 14 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov but it would be up to the chair of the City Council to allow it. Mayor Molly Rawn stated the question could be asked after the vote. Upon roll call the resolution passed unanimously. Council Member Min. Jones expressed concern that the voices of the unhoused community would not be heard for recommendations on what would be best for them. Mayor Molly Rawn clarified that the proposals would not be developed by staff, they would be brought to City Council by staff as the public can’t bring an item forward to council alone; it must be sponsored by staff or City Council. She stated staff had been meeting with community members with lived experience. She was glad Council Member Min. Jones gave her the opportunity to make that distinction. Resolution 165-25 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 8:29 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer