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HomeMy WebLinkAbout2025-08-05 - Minutes - City Council Meeting Minutes August 5, 2025 Page 1 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting August 5, 2025 A meeting of the Fayetteville City Council was held on August 5, 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, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Mayor Molly Rawn, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Keith Macedo, Chief Financial Officer Steven Dotson, Staff, Press and Audience. ABSENT: Council Members Sarah Moore and Minister Monique Jones. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the July 15, 2025 City Council Meeting Minutes Approved. 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 August 5, 2025 Page 2 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Citywide Windshield Survey of Historic Properties: A resolution to award RFP 25-10 and authorize a contract with Post Oak Preservation Solutions, LLC in the amount of $69,335.00 for a citywide windshield survey of historic properties. Resolution 166-25 as recorded in the office of the City Clerk Safe Streets for All Project Design Agreement - College Ave: A resolution to authorize a contract with Garver, LLC for design phase services for the North College Avenue (Sycamore to Township) Safe Streets for All Project in the amount of $787,660.00, and to approve a budget adjustment. Resolution 167-25 as recorded in the office of the City Clerk Safe Streets for All Project Design Agreement - S. School Ave.: A resolution to authorize an agreement with I & S Group, INC. for design phase services for the South School Avenue Safe Streets and Roads for All Project in the amount of $287,000.00, and to approve a budget adjustment. Resolution 168-25 as recorded in the office of the City Clerk Safe Streets for All Project Design Agreement - E. Joyce Blvd.: A resolution to authorize a contract with Kimley-Horn and Associates, inc. For study and design phase services for the East Joyce Boulevard Safe Streets for All Project in the amount of $287,000.00, and to approve a budget adjustment. Resolution 169-25 as recorded in the office of the City Clerk Fire Department Side-by-Side Vehicle Replacements - Polaris Sales inc.: A resolution to approve the purchase of two side-by-sides from Polaris Sales INC. in the amount of $90,510.26, plus any additional surcharges, freight charges, or delivery fees, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 170-25 as recorded in the office of the City Clerk Fleet Operations Truck Replacement - Randall Ford of Fort Smith: A resolution to approve the purchase of a Ford F150 Hybrid from Randall Ford, pursuant to Ordinance 6491, in the amount of $48,156.05, plus any applicable surcharges, freight charges, and delivery fees, and to approve a budget adjustment. Resolution 171-25 as recorded in the office of the City Clerk Parks Operations Truck Replacement - Olathe Ford Sales inc.: A resolution to approve the purchase of a Ford F550 Utility Body from Olathe Ford Sales, INC. in the amount of $89,407.00, plus any applicable surcharges, freight charges, and delivery fees, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 172-25 as recorded in the office of the City Clerk City Council Meeting Minutes August 5, 2025 Page 3 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Continuum of Care Program Renewal Grants: A resolution to approve the renewal of four Continuum of Care Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $352,848.00 for the City to administer programs to assist homeless Fayetteville residents. Resolution 173-25 as recorded in the office of the City Clerk Packaging Specialties, inc. - Lease Agreement: A resolution to approve a twenty-year lease agreement with Packaging Specialties, INC. for approximately 12,500 square feet along the northern boundary of White River Park which will allow for the construction of a fire access road and park amenities, with automatic renewals in increments of five years. Resolution 174-25 as recorded in the office of the City Clerk Dawson Aero, LLC & Shannon Homes, LLC - Lease Agreement: A resolution to approve a thirty-year ground lease agreement with Dawson Aero, LLC and Shannon Homes, LLC, for airport property located immediately north of the terminal building for the construction of a 120’ x 100’ hangar, with an option to extend the ground lease for up to three additional five year periods. Resolution 175-25 as recorded in the office of the City Clerk Dawson Aero, LLC - Lease Agreement: A resolution to approve a thirty-year ground lease agreement with Dawson Aero, LLC, for airport property located immediately north of the terminal building for the construction of a 120’ x 100’ hangar, with an option to extend the ground lease for up to three additional five year periods. Resolution 176-25 as recorded in the office of the City Clerk Creamer Pilot Services, LLC - Lease Agreement: A resolution to approve a four-year lease agreement with Creamer Pilot Services, LLC for office space in the airport terminal building and corporate hangar space at 4500 South School Avenue for rent in the amount of $5,411.30 per month for the first year. Resolution 177-25 as recorded in the office of the City Clerk Amend the Rules of Order and Procedure: A resolution to repeal A.10 Virtual City Council Meetings authorized of the Rules of Order and Procedure of the Fayetteville City Council. Resolution 178-25 as recorded in the office of the City Clerk 2026 Employee Benefits: A resolution to approve the 2026 Employee Benefits Package that includes health insurance, dental insurance, life insurance, short term disability insurance, flexible spending accounts, health savings accounts, and supplemental benefits. Resolution 179-25 as recorded in the office of the City Clerk City Council Meeting Minutes August 5, 2025 Page 4 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna moved to accept the Consent Agenda as read. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. Unfinished Business: 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. At the July 15, 2025 City Council Meeting this ordinance was left on the first reading and tabled to the August 5, 2025 City Council Meeting. City Attorney Kit Williams believed that Council Member Dr. Jones had proposed amendments and thought it would be best to hear the amendments before he read the ordinance. Council Member Dr. Jones appreciated everyone’s patience with the ordinance. He proposed that the soon to be hired Chief Housing Officer and Mayor be able to appoint members to the Fayetteville Renters Council. City Attorney Kit Williams stated he sent out a copy of the proposed changes to all Council Members and a motion would be needed to amend to it. Council Member Stafford moved to amend. Council Member Turk and City Attorney Kit Williams discussed if the Nominating Committee would appoint the members. City Attorney Kit Williams clarified that under the current proposed ordinance the members of the Fayetteville Renters Council would be appointed by the Nominating Committee. Council Member Stafford moved to match ordinance that the City Attorney read and submitted as additional information. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Council Member Stafford and City Attorney Kit Williams discussed how the members of the Fayetteville Renters Council would be selected. If the City Council wanted the Mayor and the Chief Housing Officer to make the original selections that would then be confirmed by City Council there would need to be another amendment. Council Member Stafford moved to amend as read. Council Member Dr. Jones stressed the importance that both the administration and Chief Housing Officer be involved in selecting who would be on the committee as they would be collaborating and working closely. Council Member Berna expressed caution in having the Mayor and Chief Housing Officer select members. He stated the similarities with the Housing Task Force and how people were City Council Meeting Minutes August 5, 2025 Page 5 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov immediately unhappy with who was selected. He felt that letting the Nominating Committee have input would spread the responsibility. Council Member Stafford moved to amend the language to say the Mayor and Chief Housing Officer make the appointments. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 4-2-0. Council Member Dr. Jones, Wiederkehr, Bunch, and Stafford voted yes. Council Member Berna and Turk voted no. Council Member Moore and Min. Jones were absent. City Attorney Kit Williams clarified the amendment could pass without five affirmative votes, but the ordinance itself would require five affirmative votes. Mayor Molly Rawn informed the public that there was still a quorum, even with two Council Members absent. For something to pass, there would need to be five affirmative votes. She stated that if there was a vote of 3-3, she would not have the option to vote but if there was a split vote of 4-2, she could. Council Member Dr. Jones stated he had a presentation on the item. It was decided to hear public comments first while the presentation was being prepared. The City Council received 4 public comments regarding this ordinance. Council Member Turk wanted the Fayetteville Renters Council to be more balanced and include landlords on the council. She felt they would add additional insight and without it the council would not be as productive or informative. She requested Council Member Dr. Jones amend his proposed ordinance to include two small local landlord representatives. Council Member Stafford asked if in the way the ordinance was written now there was room for Mayor and the Chief Housing Officer to appointment members of the landlord community. City Attorney Kit Williams stated there was not a position for landlords in the ordinance. Council Member Stafford believed it was important to have all voices at the table. He deferred to Council Member Dr. Jones to bring an amendment forward that would add positions for that. He thought the Fayetteville Renters Committee would differ from the Housing Task Force in that the choices would still go through the Nominating Committee. Mayor Molly Rawn clarified that with the amendment that was passed, the Nominating Committee was removed from the decision, and the appointments would be made by the Mayor and Chief Housing Officer. Council Member Dr. Jones stated that renters were the heartbeat of the community and felt it’s important their voices be included in the conversation. This ordinance would be the first opportunity for the City of Fayetteville to move forward as it relates to equity, inclusion and smarter policy making. He reviewed that the committee would have nine residential renter members who would have the opportunity to advise the City Council, Mayor and Chief Housing Officer. There would be staggered terms to maintain continuity and long-term vision. Up to three seats would be set aside for those who are currently or formerly unhoused and work in direct service roles. He wanted it to be clear that this committee would not be creating new roles or oversight for renters. City Council Meeting Minutes August 5, 2025 Page 6 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna thanked Council Member Dr. Jones for his presentation. He had no issues with renters having a seat at the table. He referenced an early situation where both renters and landlords worked together to solve a problem and felt that it was a great example of both sides of the table working on an issue, not just one. He felt that everyone needed to understand what the City’s limitations were legally and that proposals that do not meet legal criteria would be a waste of the committee and City Council’s time. He supported the item but only with changes. Council Member Bunch appreciated the item being brought forward but stated she had concerns. She would like to see the committee have a specific focus and include local landlords. She stated there would have to be limitations on what the committee can do legally, a focus and direction, and the inclusion of local landlords before she could support it. Council Member Dr. Jones thanked everyone for their perspective. He was open to allowing landlords on the committee as it would contribute to a balanced committee. He stated the Housing Task Force did not have direction, but the Fayetteville Renters Committee would have direction from the Chief Housing Officer and the Mayor. He was flexible in tabling the item and amending to allow seven renters and two landlords. Mayor Molly Rawn asked if Council Member Dr. Jones was tabling the item. He responded that he was amending to seven renters and two landlords. Council Member Turk asked if he could include the landlords be local and small businesses. City Attorney Kit Williams stated that he would need to time to work on the ordinance and come back with a different proposal. Mayor Rawn asked if he would be welcome to tabling the item. City Attorney Kit Williams agreed that it would be a better product if he had more time to work on what City Council requested. Council Member Bunch moved to table the ordinance to the August 19, 2025 City Council meeting. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. This ordinance was left on the Second Reading and tabled to the August 19, 2025 City Council meeting. Tree Preservation Amendments: An ordinance to amend § 167.04 (L) Continuing Preservation and Protection under approved tree preservation plans and tree preservation easements. At the June 17, 2025 City Council Meeting this ordinance was left on the first reading and tabled to the August 5, 2025 City Council Meeting. Mayor Molly Rawn stated Council Member Moore requested the item be tabled indefinitely at the July 29, 2025 City Council Agenda Session. Council Member Berna moved to table the ordinance indefinitely. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. City Council Meeting Minutes August 5, 2025 Page 7 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov This ordinance was tabled indefinitely. Mayor Molly Rawn announced item C. 5, Resolution of Intent to provide matching funds to the Salvation Army, would have a request to table the item to a later meeting so representatives from the organization could be present. 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. At the July 15, 2025 City Council Meeting this ordinance was left on the first reading and tabled to the August 5, 2025 City Council Meeting. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the item. The request was an appeal of the Planning Commission’s denial to rezone the property from its existing split designation Downtown General on the western half and Residential Multi-Family, 40 units/acre on the eastern half to a single Main Street Center zoning, subject to a bill of assurance. Staff found the request compatible with land use in the area, which included a mix of residential and non- residential uses. The applicant’s bill of assurance prohibited uses like hotels, bars, liquor stores, and auto-oriented services, aligning with surrounding development. Staff found the proposal compatible, especially given the bill of assurance’s height restrictions. Staff also found the request consistent with long-range plans, which designated the site as part of a “safe city neighborhood” encouraging high-density, mixed-use development. However, they expressed some reservations, noting that Main Street Center zoning tended to be developed more for single residential use, rather than the mix of uses envisioned in the comprehensive plan. Tree preservation requirements would shift from a 10% and 20% canopy requirement to a 10% canopy requirement under Main Street Center. The site included potentially historic structures such as the Putnam House and an Architect Seagraves designed apartment building, which, while not protected or listed, could be eligible for the National Register. Staff reminded Council that a new private dormitory housing category had been added to the city’s development code in May, and if the property were rezoned and later developed as student housing, it would require a conditional use permit. Significant public comment was received and included in the City Council’s materials. Staff ultimately recommended approval of the rezoning. The Planning Commission had reviewed the request at two meetings, tabling it in April and denying it in May by a 2–5 vote. Commissioners cited the need for student housing and safeguards provided by the conditional use process, while those opposed expressed concerns over redevelopment impacts, loss of existing housing, and failure of nearby Main Street Center projects to deliver true mixed-use outcomes. A revised bill of assurance had since been submitted, and the applicant, Andy Savoy, was there to speak. City Council would need to amend the ordinance to accept the revised bill of assurance if they wished to consider the request alongside it. City Council Meeting Minutes August 5, 2025 Page 8 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna asked if the applicant could have fifteen minutes to speak on the proposal to cover this item and the next. Mayor Rawn approved. Andy Savoy, Core Spaces provided a presentation of their items. Core Spaces was a national developer that had been in business for over ten years and owned over seventy projects. For the development they were asking for Main Street Center zoning as it would allow for seven stories and was consistent with other approvals in the area. It would develop 312 residential units, which would include 714 bedrooms and 687 parking spaces. They also asked for a partial alleyway vacation. There were concerns from Staff about keeping the alleyway open to allow for connectivity so Core Spaces proposed a partial vacation that would allow part of the building to span over that alley while the lower 18 feet would remain open for general public use. He went on to review the previous proposal’s components. The feedback from the denial on May 27, 2025 Planning Commission meeting stated major concerns over displacement of non-student residents. Core Spaces reached out to the Economic Development department to discuss how the project could use private funding to address the affordability issue while also addressing the growth of the University of Arkansas enrollment, which had increased by 27% in the last five years.. They hoped this would set a standard for responsible and balanced student focused housing going forward. He went on to discuss the revised proposal. There would be 37 community units, which would be income-controlled workforce units. There would be diversity in the types of units built to accommodate a change of demographic. He stated that in 2028, which was when the projected finish date was for the build, there would be roughly 21,000 students competing with non-students in the non-purpose-built space. Devin Howland, Director of Economic Development explained how Core Spaces came in contact with him and their intentions with their appeal as it relates to affordable housing. He felt proud to work on this item and stated this was the first time a private developer committed to providing income restricted units. The 37 community units would be reserved for residents who made between 50 – 80% of regional area median income. A one-bedroom unit would be $891.00, and a two-bedroom would be $1,019.00; based off of the 2025 Housing and Urban Development index numbers. He felt grateful that Core Spaces brought this opportunity forward voluntarily and wanted to thank Mayor Molly Rawn who challenged them to step into this kind of work. He respectfully reminded City Council to heed City Attorney Kit William’s advice at the Agenda Session that this was a voluntary commitment, and it would not be appropriate to try and amend it. Andy Savoy, Core Spaces stated they were offering a lease termination agreement to all existing tenants. Their agreement would include three main items; a guarantee of at least 90-day notice of lease termination, they would provide a $10,000.00 relocation assistance payment for each lessee that would be displaced and thirdly, they would allow the tenants to return to lease a community unit after it’s completed. The community units would have their own distinct entry and identity. He closed by requesting tabling the item to the next meeting. Council Member Berna stated the University of Arkansas’ enrollment had not increased to the extent they projected it would this year. He wanted to know how Core Spaces would pivot the design of the project if there weren’t as many students. Andy explained they intended to build a variety of units that could easily be converted from by the bed leasing to by the unit. He stated the City Council Meeting Minutes August 5, 2025 Page 9 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov enrollment cliff was at 13% in high schoolers that were planning to go to college, and it was expected to occur over the next 17 years. The 13% was an average over the entire country and it showed that the south looked alright by comparison. The state of Arkansas was projecting a 5% decrease. They accounted for the possible dip in enrollment when designing their units. Council Member Stafford asked how the plans accounted for the water that flows through the site. Jonathan Curth, Development Services Director stated he had not seen development details yet. He was aware of initial discussions with the City of Fayetteville’s engineering group, including that the developers may need to go beyond typical standards to accommodate the pond that was on the property, which served as a stormwater retention. Mayor Molly Rawn asked to keep applause and reactions to a minimum during public comment. The City Council received 22 public comments regarding this ordinance. Council Member Wiederkehr stated the landlord of this building was honorable and provided a service for the community. He commended and appreciated the Economic Development team for their work with the applicant to propose what he hoped to be the first of many bill of assurances to care for those displaced by development. While there were many things he liked about the development team and what they brought forward, he was not comfortable overturning the Planning Commission’s decision. He stated he was supportive of the developers’ novel approach, but he felt the neighborhood had reached a saturation point. Ward 2 was struggling with the loss of affordable housing downtown, and nothing would solve it in the short run. He thanked the applicant for their service and hoped they would consider additional locations in Fayetteville. He closed by commending the landlord and encouraged his tenants to offer more financially. Council Member Stafford agreed with what Council Member Wiederkehr had said. He appreciated what the developer brought forward and had gone above and beyond what was seen in the past. He spoke on his life experience with architecture. He stated the neighborhood was mixed and that more student housing wasn’t compatible. He was leaning towards sticking with the opinions brought forward by the Planning Commission. Council Member Berna expressed that the landlord of Beverly Manor Apartments was a gem of the community for the work he had done. He felt the developer had raised the bar significantly, but he would not be supporting the item as he felt the neighborhood had reached a saturation point. He added that if the landlord was to get a return on his investment for remodeling the apartments that it would come at a high price for the tenants. Council Member Bunch shared her personal experience with helping out others when it comes to leasing a property and the long-range financial implications. She appreciated Core Spaces for their efforts in working with the Economic Development Department to create a solution that could be used for future projects. She felt the model was better than other student housing developments as it was more adaptable. She was not comfortable voting in favor of the item at this meeting, but she would be willing to table it. City Council Meeting Minutes August 5, 2025 Page 10 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk appreciated the creativity of staff and developers. She expressed that she did not feel comfortable voting yes on the item due to issues that cannot be changed. She felt that a saturation point had been reached and that the new data provided at the Town and Gown meeting showed that Arkansas was going to have an enrollment cliff. She added that Fayetteville is losing affordable housing quickly and there was workforce housing deficit. Her final concern was the water issues in the area. She was in favor of voting and not delaying as her mind would not change. Council Member Dr. Jones asked the landlord of Beverly Manor Apartments to come and speak on how much longer he could manage the complex. Mr. White, landlord stated he was 83 years old and that he was getting to the point where he couldn’t do what he used to. He discussed the financial issues of insuring the building, keeping up with competition around Fayetteville and managing repairs in old buildings. He stated he was not asking for sympathy, he was sharing where he was at. Council Member Stafford 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 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Council Member Turk requested clarification on how the final vote would work. City Attorney Kit Williams stated the item needed to receive 5 affirmative votes to pass. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the motion failed 1-5-0. Council Member Bunch voted yes. Council Member Dr. Jones, Wiederkehr, Berna, Turk and Stafford voted no. Council Member Moore and Min. Jones were absent. Mayor Molly Rawn wanted to thank everyone who spoke. She extended thanks to Core Spaces for trying to make the item into something that could be the best outcome for all, and it set a new standard. This ordinance failed. 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. At the July 15, 2025 City Council Meeting this ordinance was left on the first reading and tabled to the August 5, 2025 City Council Meeting. Mayor Molly Rawn asked what would happen with this item as it was tied to the previous that had failed. City Attorney Kit Williams stated it was still an ordinance and must be acted upon. Jonathan Curth, Development Services Director stated he had a presentation prepared but he was comfortable foregoing it as the City Council indicated their action on the item. City Council Meeting Minutes August 5, 2025 Page 11 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr moved to table the item indefinitely. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. This ordinance was indefinitely. 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. At the July 15, 2025 City Council Meeting this ordinance was left on the first reading. Council Member Wiederkehr 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 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Environmental Director Sustainability & Resilience provided a brief summary of the item and reminded the City Council they had voted to adopt the recycling and trash collections rate study. The rate study had two primary recommendations with it: transitioning to weekly cart-based recycling and rate changes in order to enact cart-based recycling. The rate changes would be 9.5% increase in 2026 and 7.5% increase in 2027, the transition would save the City of Fayetteville $1,400,000.00 per year. He went on to review the history of the item and the steps taken to bring it to the City Council. He spoke of the educational programs offered by the Recycling and Trash department and stated the recycling educators work very hard in Fayetteville to educate citizens. He was excited to announce there were going to be three new drop-off locations announced the following week to the public. Addressing questions about contamination, in the 2016 three-month pilot program for cart-based recycling the contamination rate was 8%. He personally reached out to Bentonville, Rogers and Springdale Arkansas for their contamination rates but did not hear back. He affirmed the Fayetteville program would not copy the local cities; it would be copying the best practices from communities with low contamination numbers to keep the rate under 10%. In the three-part plan to manage contamination rates, they would continue robust education, use monitoring and feedback via the trucks and automated processing. He discussed next steps if the item was passed and the timeline for the transition to cart-based recycling. He was available for questions. Mayor Molly Rawn and Council Member Turk discussed Council Member Turks upcoming presentation. Council Member Turk provided a presentation on her concerns with cart-based recycling. She thanked everyone for indulging her presentation. She started off with reviewing the high injury and turnover rates mentioned by Peter Nierengarten; she had compared their rates to other departments and noticed that while Trash and Recycling injury rates had increased, Water and City Council Meeting Minutes August 5, 2025 Page 12 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Sewer rates decreased. She stated that Water and Sewer implemented a culture of safety and changed procedures but didn’t know if Trash and Recycling had done the same. On the note of Water and Sewer, their turnover rates were significantly higher than Recycling and Trash. Addressing the rate study, it was a financial study that did not make recommendations in terms of how to implement it. She stated it was a number crunch to find the cheapest assumed way to go in terms of recycling collection. She questioned the Raftelis Consultants report and where their numbers came from. In mentioning other cities that have an 80.5% recycling rate, she stated they were able to achieve that through mandatory recycling laws, extensive outreach programs, building resources and recovery requirements as well as buy in from the citizens. The City of Fayetteville only had the extensive outreach programs and would not be fining citizens who recycle incorrectly. She attempted to find the estimated contamination rates from sister cities and came across an article that stated there was a 43% contamination rate from 3 of the sister cities. She stated she had attempted to tour the Materials Recovery Facilities and nobody returned her call. The contamination rate from the Materials Recovery Facilities was 50% and they said they could get it down to 15%. Council Member Turk was granted two more minutes on her presentation. Council Member Turk questioned how the cost estimate was developed and the lack of documentation for it. She then questioned the Materials Recovery Facilities injury rate and if jobs would start to be outsourced to them. She wanted more information on glass and cardboard recycling; she wanted to know if there would be a second truck to pick up these materials because the cost wasn’t calculated anywhere. She recommended City Council delay further action until all the questions she proposed were answered and to make sure City Council could tour the Materials Recovery Facilities. She requested a comprehensive review on how the new system would work and to document all costs associated with changing the recycling collection. Council Member Dr. Jones and Peter discussed if Peter had seen Council Member Turks’ presentation prior to the meeting. He had not. Council Member Stafford asked if Peter wanted an opportunity to address any questions posed to him. Peter stated the selection of a processor Request for Proposal would have clauses added for transparency; they included quarterly reporting on contamination numbers, diversion numbers and where the end markets are. They intended to include the processing facility be available for tours for City Council Members and the public. They will continue curbside cardboard and glass collection. The City Council received 11 public comments regarding this ordinance. Council Member Wiederkehr and Peter Nierengarten discussed what happens to the recyclable items once they are sold. Peter stated with cart-based recycling the materials will more than likely go to the same facility that is used now for the curb-sort recycling. Council Member Wiederkehr questioned the responsibility of the items once they’re sold. Peter clarified that City of Fayetteville did not have control or responsibility on who the items are sold to. City Council Meeting Minutes August 5, 2025 Page 13 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr appreciated the effort that Council Member Turk provided in her presentation. He went on to review contamination rates and stated that if only 10% of additional material is recycled then it would still be an increase. He felt that those who are recycling now wouldn’t stop so the base percentage of recyclers would stay the same. He stated that cart-based recycling would be able to reach more citizens, especially those in multi-family residentials. He encouraged those to think on how to get more people to participate in recycling and how more trash could be diverted from the landfill. Council Member Stafford thanked and agreed with Council Member Wiederkehr. He stated that with the cart-based the City of Fayetteville would be diverting more from the landfill than was currently going in. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the motion passed 5-1-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, and Stafford voted yes. Council Member Turk voted no. Council Member Moore and Min. Jones were absent. Ordinance 6898 as Recorded in the office of the City Clerk New Business: Water Service Contract with the City of Johnson: A resolution to renew and extend the contract for enhanced water service between the cities of Johnson and Fayetteville, Arkansas Mayor Rawn stated this item was initially on consent then was put onto New Business. City Attorney Kit Williams brought this item along with Tim Nyander, Utilities Director. Mayor Molly Rawn stated Tim had a presentation but if City Council did not have questions, she would move to public comment. Council Member Berna moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. Resolution 180-25 as recorded in the office of the City Clerk Sewer Service Contract with the City of Johnson: A resolution to renew and extend the contract for Sanitary Sewer Service between the cities of Johnson and Fayetteville, Arkansas. Mayor Molly Rawn stated Tim Nyander, Utilities Director was available to answer questions for City Council but if there were no questions she would move on to public comment. Council Member Berna moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, City Council Meeting Minutes August 5, 2025 Page 14 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. Resolution 181-25 as recorded in the office of the City Clerk Rezoning 2648 N. Old Wire Rd./Apple Seeds from RSF-4 to P-1: An ordinance to rezone the property described in Rezoning Petition RZN-2025-22 for approximately 0.87 acres located at 2648 North Old Wire Road in Ward 3 from RSF-4, Residential Single-Family, four units per acre to P-1, Institutional. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. Apple Seeds first applied for a Conditional Use Permit in 2015 and in that time staff had not received complaints about the operations which had continued to grow its programming within the bounds of the permit. Staff found no issues and noted the farm’s longstanding positive contribution to the neighborhood. There were no public concerns raised, which was seen as a strong indicator of compatibility. There were no identified tree preservation issues and staff recommended approval. The Planning Commission concurred with staff’s findings and forwarded the request to City Council with a 7-0 vote; one commissioner was absent during the vote. Mary Thompson, the applicant, was available for questions. Council Member Stafford 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 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. Ordinance 6899 as Recorded in the office of the City Clerk FHA Low-Income Housing Assistance: A resolution to authorize Mayor Rawn to sign a Low- Income Housing Improvement Agreement with the Housing Authority of the City of Fayetteville to provide the amount of $200,000.00, and to approve a budget adjustment. Mayor Molly Rawn thanked Council Member Berna. She stated he encouraged her to reach out and work with Chonda Tapley, Fayetteville Housing Authority Director, and she took that to heart. She felt proud of what her and her team had put together. The Housing Authority had a lot of tools that were available and the $200,000.00 would allow them to move forward in a meaningful way. City Council Meeting Minutes August 5, 2025 Page 15 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov She knew this would not be an overnight solution, but a groundwater solution that makes a difference over time and was systemic. Shonda Tapley, Director of the Fayetteville Housing Authority and Tony Landecker, Director of Development with Natural State Housing Group stated they were hopeful to receive the funds to help them out of debt. Around $60,000.00 would go back to the US Treasury and $123,000.00 would go into their public housing fund, which was a debt owed from their nonprofit. The City Council received 1 public comment regarding this resolution. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. Resolution 182-25 as recorded in the office of the City Clerk Resolution of Intent to provide matching funds to the Salvation Army: A resolution to express the City Council’s intent to provide $70,000.00 in matching funds to the Salvation Army for an Emergency Solutions Grant from the US Department of Housing and Urban Development, contingent upon the award of that grant. Mayor Molly Rawn stated she would welcome a motion to table the item for two weeks. Council Member Bunch moved to table the resolution to the August 19, 2025 City Council meeting. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore and Min. Jones were absent. This resolution was tabled to the August 19, 2025 City Council meeting. Announcements: Mayor Molly Rawn announced Steven Dotson, Chief Financial Officer, would be giving the Sales Tax Report at the August 19, 2025 City Council Meeting. Kara Paxton, City Clerk Treasurer announced the vacancies announcement for Boards, Committees and Commissions opened this past Friday, August 1, 2025. She reminded everyone that they must have their application in by August 22, 2025 by 5:00 p.m. Keith Macedo, Chief of Staff announced that there was a Boots, Badges and Bandages blood drive on August 6, 2025 from 9:00 a.m. to 3:00 p.m. at the Fayetteville Town Center. City Council Meeting Minutes August 5, 2025 Page 16 of 16 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 9:24 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer