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HomeMy WebLinkAbout2025-08-19 - Minutes - City Council Meeting Minutes August 19, 2025 Page 1 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting August 19, 2025 A meeting of the Fayetteville City Council was held on August 19, 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, Chief of Staff Keith Macedo, Chief Financial Officer Steven Dotson, Staff, Press and Audience. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Sales Tax & Monthly Financial Report - Chief Financial Officer Steven Dotson, Chief Financial Officer began with a review of the taxable sales for May 2025. There were approximately $287,000,000.00 in taxable sales, which was an increase of nearly 5.5% compared to May of 2024. The increase was led by the construction sector and the information sector. Travel accommodation was down 17% compared to last year. The one -penny sales tax collection was up by 5.4% and the year-to-date combined city and county sales tax were up approximately 5.44%. The general fund was up 5.5% compared to last year and up 5.81% year to date. The city will be up 2.37% on a year-to-date basis compared to budget. He reminded City Council that when they adopted the 2025 budget, there was a $3,000,000.000 deficit in the general 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 19, 2025 Page 2 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov fund. With the increase in numbers, the amount to balance the general fund deficit was being decreased. Council Member Moore thanked Steven Dotson for the information. Steven and Council Member Moore then discussed the expected gains on the $3,000,000.00 deficit. He stated it would be difficult to tell what the sales tax numbers would be in the future, but the City was heading into the busiest months with the University of Arkansas athletics kicking off. Council Member Moore asked if Steven saw momentum in the gains. He responded that he didn’t want to speculate on the sales tax numbers as they differ month to month. Council Member Min. Jones inquired whether Steven anticipated the City would resolve the deficit within the 2025 calendar year. He replied that the City had a healthy reserve balance in the general fund. He did not think it was possible for the City to make up the full amount of the deficit. Council Member Turk and Steven then discussed the amount the City was down in the deficit, which was calculated to be $2,400,000.00. Steven Dotson, Chief Financial Officer went on to review the Monthly Financial Report for June 2025. He reviewed the individual percentage fee increases for the general fund compared to budget, stating there was approximately $261,000.00 collected in total and was up around 1.5%. Airport gasoline sales for the year were down roughly 8.7% but the number of flights operations was up around 15%. He expected to see gains in the next few months for airport gasoline sales. Council Member Stafford and Steven discussed the airport fuel sales. Steven stated the expected increase in airport gasoline sales came from those who fly in for football season. Agenda Additions: None Consent: Approval of the August 5, 2025 City Council Meeting Minutes. Approved. A resolution to approve an agreement with Waste Management for the hauling and disposal of solid waste in the City of Fayetteville for a period of 2 years with automatic renewals for two additional 2 year terms. Resolution 183-25 as recorded in the office of the City Clerk A resolution to approve an agreement with Hogbox for the hauling and disposal of solid waste in the City of Fayetteville for a period of 2 years with automatic renewals for two additional 2 year terms. Resolution 184-25 as recorded in the office of the City Clerk City Council Meeting Minutes August 19, 2025 Page 3 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A resolution to approve a budget adjustment in the amount of $30,296.00 recognizing 2025 Community Development Block Grant Program income received from a housing lien payoff. Resolution 185-25 as recorded in the office of the City Clerk A resolution to approve the 2025 Community Development Block Grant Action Plan, to authorize Mayor Rawn to execute the CDBG and Home Investment Partnerships Grant agreements for 2025 when received in the total amount of $1,270,869.67, and to approve a budget adjustment. Resolution 186-25 as recorded in the office of the City Clerk A resolution to authorize Mayor Rawn to convey a 1,930 square foot right of way and easement to Southwestern Electric Power Company for utility relocations associated with the Buddy Hayes Park Improvement Project. Resolution 187-25 as recorded in the office of the City Clerk A resolution to approve a one-year contract with Kutak Rock, LLP pursuant to RFQ 25-06 for bond counsel services as needed with four one-year renewal options. Resolution 188-25 as recorded in the office of the City Clerk A resolution to authorize a grant agreement with the Northwest Arkansas Regional Planning Commission for funding in the amount of $203,317.25 to support transit stop improvements, and to approve a budget adjustment recognizing the grant funds and matching funds from Ozark Regional Transit and Razorback Transit. Resolution 189-25 as recorded in the office of the City Clerk A resolution to authorize an agreement with Crafton Tull and Associates, Inc. for design phase services for the Gregg Avenue Safe Streets and Roads for All project in an amount not to exceed $227,860.00, and to approve a budget adjustment. Resolution 190-25 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: An ordinance to improve communications and advice from Fayetteville residential renters by creating a Residential Renters' Committee. (Formerly seen as: An ordinance to establish the Fayetteville Renters' Council). For additional agenda item history from June 17, 2025 to July 15, 2025 please contact the Office of the City Clerk Treasurer. At the August 5, 2025 City Council City Council Meeting Minutes August 19, 2025 Page 4 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov meeting, this ordinance was amended, left on the second reading and tabled to the August 19, 2025 City Council meeting. Council Member Dr. Jones appreciated the opportunity to speak on this item. He had spoken with community members and felt it was in the renters' best interest to table the item and revisit it after gathering input from administration and the soon-to-be-hired Chief Housing Officer. He asked to table the item indefinitely. Council Member Dr. Jones moved to table the ordinance indefinitely. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled indefinitely. 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. At the August 5, 2025 City Council meeting, this resolution was tabled to the August 19, 2025 City Council meeting. Mayor Molly Rawn stated that staff’s original intent was to table this item for two meetings not two weeks. She requested the item be tabled to the next meeting. Mayor Molly Rawn and Kara Paxton, City Clerk Treasurer discussed which meeting the item was tabled to. Council Member Bunch moved to table the resolution to the September 2, 2025 City Council meeting. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the September 2, 2025 City Council meeting. New Business: An ordinance to establish the City of Fayetteville firefighter's Bill of Rights that provides basic protections for firefighters regarding personnel disciplinary and promotional actions. City Attorney Kit Williams read the ordinance. Fire Chief Brad Hardin stated the item was brought forward by the union. When he read the Firefighter Bill of Rights law from the state level, he felt the City of Fayetteville already implemented much of what the law mentioned. He hoped the City of Fayetteville would lead by example by making an official law that Fayetteville would take care of its firefighters. City Council Meeting Minutes August 19, 2025 Page 5 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Dr. Jones and Fire Chief Brad Hardin discussed Fayetteville becoming the first city to adopt something similar to the item. Council Member Moore then asked if there would be any financial implications to the item. Fire Chief Bard Harden responded there would not be. The City Council received 1 public comment regarding this ordinance. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6900 as Recorded in the office of the City Clerk An ordinance to approve VAC-25-15 for property located at East Martin Luther King, Jr. Boulevard and South College Avenue in Ward 1 to vacate approximately 0.04 acres of right-of- way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the item. The request was a 0.04-acre portion of alley right-of-way that ran east-west between Fifth Street and Martin Luther King Boulevard. This alley was originally platted in 1890 and had remained undeveloped. Staff considered three main issues, with the primary concern being connectivity. While staff typically opposed vacating rights-of-way in central Fayetteville due to the role in promoting mobility, in this case, development was deemed unfeasible. Major barriers included the floodway and the floodplain from Spout Spring Branch, which encroached on the entire length of the alley. Staff concluded that preserving the right-of-way did not serve the public interest. Staff recommended approval of the request. The Planning Commission unanimously supported the recommendation, and no public comments were received. The only condition attached was that any damage to existing facilities or utilities would be the developer’s responsibility. Brian Teague and Zara Neiderman were available as applicants for the item. Zara Neiderman, 3V Development stated they planned to do a small-scale mixed-use development that would bring back commercial at the corner. He was excited for the project to move forward, and the vacation was a key component. Council Member Min. Jones requested clarification on the development pattern flood plain. Jonathan stated that the floodplain encroached upon roughly half the right of away, which made the alleys full development unfeasible as a result. The City Council received 1 public comment regarding this ordinance. City Council Meeting Minutes August 19, 2025 Page 6 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Moore asked if there was an ability with the project to potentially jog the alley versus staying in alignment to still do the project. Jonathan Curth stated if the alley were to be cut out of the stream, which would likely be necessary, there would be challenging development standards that couldn’t be accommodated, specifically fire access. Council Member Moore thanked Jonathan and stated she would be supportive of the item. Council Member Berna moved to suspend the rules and go to the third reading. Council Member Moore seconded the motion. Council Member Stafford stated he had another question. It was decided to vote on the motion made and then resume questions. 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 Moore, Wiederkehr, Berna, Bunch, Turk, Min. Jones, and Dr. Jones voted yes. Council Member Stafford voted no. City Attorney Kit Williams read the ordinance. Council Member Stafford requested to view the floodplain map. After doing so, he stated his question was answered. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Moore, Wiederkehr, Berna, Bunch, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Turk voted no. Ordinance 6901 as Recorded in the office of the City Clerk An ordinance to rezone the property described in Rezoning Petition RZN 2025-25 for approximately 180.84 acres of City park properties located in all four wards from various zoning districts to P-1, Institutional. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The request involved city-owned properties located across all four wards of Fayetteville. This particular rezoning was a continuation of a larger initiative from 2024. Smaller in scale, it included nearly 181 acres of land citywide. The properties ranged from a small fifth-acre parcel near the “Welcome to Fayetteville” sign on South Razorback Road to a 60-acre tract on Markham Hill, known as the Martin Woods property. The land varied in park classification, from regional parks to small trail corridors, and was currently zoned under various designations including agricultural, low-density residential, multifamily, mixed-use, commercial, industrial, and downtown districts. The rezoning aimed to assign a consistent P1, Institutional Zoning District designation, which would allow the Parks Department to carry out typical programming and operations without relying on conditional use approvals. Staff felt this change aligned with long-range land use plans and the 2023 Parks Master Plan. One notable issue raised during public comment was about the Rocky Branch Park City Council Meeting Minutes August 19, 2025 Page 7 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov properties in East Fayetteville’s Ward 3. Local residents expressed concern that broader recognition of these parcels as public parks might disrupt the neighborhood's sense of ownership. It was discovered that these properties had already been rezoned to P1, Institutional Zoning District back in 2000 and were not part of the current request. Staff recommended approval of the rezoning. The Planning Commission unanimously forwarded it to the City Council, which approved it with a split vote of 8-1. He was available for questions as was Alison Jumper, Parks, Natural Resources and Cultural Affairs Director. Council Member Turk asked if there were any remaining city parcels that needed to be rezoned to P1, Institutional Zoning District. Jonathan stated it was possible in the 6 weeks it took to get the item ready that more property had come into the city’s possession. Council Member Turk then discussed the tree preservation requirement for P1, Institutional Zoning District, which was 25%. She then asked what the total number of parcels that the city owned was. Jonathan stated he did not know. Council Member Moore and City Attorney Kit Williams discussed if the City Council could strike permitted uses, specifically use unit 46 short-term rentals. City Attorney Kit Williams said they could not do that; they would have to amend the code for P1, Institutional Zoning District. Council Member Stafford followed up on Council Member Moore’s question and asked if the City could operate short term rentals. City Attorney Kit Williams responded that he would not say it was beyond their power, he hadn’t researched that. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6902 as Recorded in the office of the City Clerk An ordinance to approve a Residential Planned Zoning District entitled PZD-2025-002 for approximately 66.78 acres located southeast of North Double Springs Road and West Dot Tipton Road in Ward 4. Jonathan Curth, Development Services Director provided a brief summary of the item. The request presented to the City Council was for a Planned Zoning District comprising four planning areas. Planning Area 1 was proposed for attached townhouses near Dot Tipton Rd. Planning Area 2 was intended for smaller single-family homes. Planning area 3 would include larger lot detached single-family homes and Planning Area 4 was reserved for green space in the center of the site. Staff found the proposal's land use compatibility to be mixed. Adjacent properties were largely agricultural or estate-style residential lots. Areas to the north and west, including parts of Farmington, had begun developing as single-family subdivisions. The area was almost uniformly City Council Meeting Minutes August 19, 2025 Page 8 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov zoned for single-family development, which aligned somewhat with the Planned Zoning District. The proposed development had an overall planned density of approximately four units per acre, with higher densities in certain sections, aiming to cluster housing and preserve green space. From a long-range planning perspective, staff had reservations. The land was designated for residential use in the City's future land use map, the infill score for the site was low, due to limited access to utilities and amenities. Staff believed the project resembled sprawl, lacked diversity in land use, and failed to create a compact, complete neighborhood. Dot Tipton Road was narrow and curved, and staff felt the scale of necessary improvements outweighed the development’s potential impact. Water and sewer services were deemed adequate, as the project would flow south to areas with available capacity. The City Council reviewed a version of the request that included changes made in response to staff and Planning Commission feedback, particularly a desire for more diverse housing types. Despite some improvements, staff maintained concerns regarding infrastructure, lack of services, and auto-dependency, and recommended denial. The Planning Commission had forwarded the request with a split 7-2 vote. Members echoed staff concerns about auto dependency and lack of nearby services, while the majority believed recent growth patterns in the area supported the proposal's compatibility. Jenny Burbidge with Prism Design Studio was available for a presentation and questions. Jenny Burbidge, Prism Design Studio provided a brief presentation of their intentions. Per the City 2040 Plan, the area was a designated residential neighborhood. The property and all adjacent areas were designated similarly and called for the use of traditional design principles, which allowed for walkable neighborhoods. She specified that the property was not in the floodplain. She explained how the site was near existing and future trails, promoting walkability. The project had minimal existing tree canopy, and they wrote in how they would meet the tree preservation requirement of 25%. She stated they had been responsive to the neighborhood and planning feedback. They committed to planting exclusive native plants within the Planned Zoning District and included posting habitat zones with separate landscape maintenance. They felt the project was in alignment with the 2040 plan and was suitable for residential development as depicted. Will Kellstrom, Watkins Law Office Attorney reviewed the history of the item. Originally they had wanted a Neighborhood Conservation but there was a density cap of 10. The Planning Commission suggested they come back with a Planned Zoning District with a lower density that included some of the lot widths in the preserved green space. He stated they had worked with comments from the Planning Commission, had gone through multiple staff revisions and met with neighbors, which three of them had signed that they liked the new plan. The area was one where upgrades were already planned and they would be assisting with some of those upgrades, specifically, sewer. He was okay with the idea of City Council tabling or leaving the item on a reading. Council Member Moore asked what kind of uses would be allowed in the Planned Zoning District, specifically short term rentals. Jonathan Curth responded that it was in Planning Areas 1, 2 and 3; which were proposed to be buildable short-term rental units. Jenny Burbidge responded as well stating they used the base uses for Residential Single Family – Four Units per Acre and had no intent for the short term uses to be a part of it. They would be happy to remove it as well. Council Member Moore asked who the neighborhood market was for. Jenny stated there was no use for larger houses anymore, which was in part of why they requested smaller lots. City Council Meeting Minutes August 19, 2025 Page 9 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Stafford and Jonathan discussed the amount of revisions the item had gone through. Jonathan reviewed the process for Planned Zoning Districts but stated none of the requests had come with a Bill of Assurance. Council Member Stafford then requested to view a zoomed- out map of the area. Jonathan followed through on the request and gave a detailed description of the location. Council Member Berna requested specificity on what the infrastructure requirements were for the property and who would take care of the cost. Jonathan responded that Lift Station 22 was very near capacity, but it would not provide for the area. The City of Fayetteville Utilities Director estimated there was adequate water and sewer capacity servicing the project. Whether or not a cost share would come forward or not was difficult to determine. Staff’s concern was that the street infrastructure was inadequate, and the size of the project would not offset the amount of necessary improvements. Council Member Turk questioned the requirements to reconstruct Dot Tipton Rd as it was very narrow road. Jonathan replied he did not have a detailed answer for her. He stated staff’s priority at a minimum would be to make sure the road meets the 20 ft. asphalt width. Council Member Turk followed up requesting an estimate on the cost. Jonathan deferred to the applicant. Council Member Min. Jones followed up wanting to know who would absorb the cost of the road improvement, cost to the community and the cost to the schools. Jonathan clarified that the developer absorbs the cost of the impacts they create. The developer could approach the City for a cost share, but that request would then come to City Council, and they would make that decision. As for the schools, he did not receive public comments from Farmington School District. They then discussed safety concerns due to a possible traffic increase. Jonathan covered the typical review process for when a subdivision application was received. He stated there was not an in - depth review when it came to a rezoning request and no traffic study was done. Council Member Berna asked the developers if the transportation infrastructure was a significant concern for the neighborhood. Jenny stated there had been conversations with City staff on how to make Dot Tipton Rd. as compliant as possible but a plan had not been developed yet. The City Council received 11 public comments regarding this ordinance. Council Member Moore inquired about the potential impact of the neighborhood on fire response times. Mayor Molly Rawn responded that fire department staff were not prepared to address that issue at the meeting. Council Members Moore, Min. Jones and Jonathan, then discussed the processes involved in expanding water and sewer capacity, as well as the related regulatory requirements. Following that, Council Member Min. Jones and Jonathan explored how the city managed to balance infrastructure needs and ongoing development. Council Member Wiederkehr and Jonathan clarified the use of the term ‘cost-share’ when it came to the developer paying their fair share of public improvements. They went on to discuss the possible impact, financially and to the residents of the area, widening Dot Tipton Rd. could have. Council Member Dr. Jones then asked if the applicants attempted to address staff concerns. The applicant was balancing staff concern along with feedback from the neighborhood. Council City Council Meeting Minutes August 19, 2025 Page 10 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Member Turk, Council Member Berna and Jonathan spoke on the process of identifying and solving possible issues when building. Jonathan stated they do not go into detailed drainage design on a zoning request. He clarified that existing conditions cannot be exacerbated following the development of a piece of property. Council Member Berna stated the property was in a rezoning stage, not development review. He felt it was a good project, with the understanding that considerable review be done for infrastructure. He was leaning towards approving the item as the property would be developed at some point and this idea was as good as they were going to get. Council Member Bunch agreed with Council Member Berna. The infrastructure was lacking in the area, but it would not always be that way. Her concern lay in emergency response times; with the streets being narrower it made it more difficult for emergency vehicles. She agreed that this item may be the best they could hope for. Council Member Stafford also agreed with Council Member Berna. He felt there was a balancing act between needing the housing to justify the infrastructure. He appreciated the developer for adding in density. His fear was if the item was not allowed then the area would then be considered a sprawl. Council Member Moore felt the design of the property was very thoughtful. Her issue was the timing of the project. There were greater priorities to be addressed, specifically the water lines that had been breaking regularly throughout the City. She expressed budget concerns with cost-shares and would not be supportive of the project. Council Member Turk agreed with Council Member Moore. She would not be supporting this item as the infill score was only 3. She was very concerned about the narrowness of Dot Tipton Rd and the response time from emergency services. She appreciated the thoughtfulness of the green space of the design, but the location of the townhomes would exacerbate the existing water issues. Her final concern was the area would be auto oriented as there was no bus service. She would not be supporting the item and did not think the time was right. Council Member Wiederkehr asked for the five-year Capital Improvement Plan to see if Dot Tipton Rd. was included in it. Steven Dotson, Chief Financial Officer did not have the information but would look into it. Mayor Molly Rawn asked if anyone had any motions they would like to make. With no response, she announced there would be a brief 5-minute break. Council Member Turk then asked if it was too late to make a motion, to which Mayor Molly Rawn stated it was. After the break, Council Member Turk brought up that the item left was left unresolved and wanted clarification for the public on when it would be heard again. Mayor Molly Rawn stated the City Council had two five- minute periods to speak, and there was no motion made. With an ordinance, if it was left on a reading, it would automatically roll over to the next meeting. City Attorney Kit Williams confirmed that was correct. It was clarified that the item would be heard again at the September 2, 2025 City Council Meeting. This ordinance was left on the First Reading. City Council Meeting Minutes August 19, 2025 Page 11 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A resolution to grant the appeal of Council Members Sarah Moore, Teresa Turk, and Mike Wiederkehr and deny Conditional Use Permit CUP 2025-025 for a type 2 short-term rental at 421 West Ila Street in Ward 2. Council Member Moore brought Mark Kinion forward to present on the item. Mark Kinion, the applicant acknowledged the reservoir of knowledge from City Council that he trusted. Council Member Berna asked if Mark was speaking on two items at the meeting. Mark stated that he was, the properties were next to each other and were cons idered at the Planning Commission together. Council Member Moore clarified that Mark was going to present on both items at one time and the City Council would consider them separately. Mark Kinion discussed protecting the character and nature of the neighborhood. He spoke on the character and wanted to see the residential nature of the community preserved. He went on to review sections of the Unified Development Code that he believed directly impacted the viability of the conditional use permit. §164.11, the Home Protection Standards, which aimed to protect adjacent residential properties from incompatible commercial or transient activities and §160.302, which addressed conditional use criteria requiring compatibility with surrounding land uses and zoning. He commented that the submitted report acknowledged the proposed use did not align with surrounding land uses or current planning goals. He emphasized that the Planning Commission was expected to evaluate ingress and egress, safe access, parking, and loading without disrupting neighbors. While utilities and screening were deemed less relevant, neighborhood compatibility was repeatedly addressed throughout the Unified Development Code. He noted that with six bedrooms, six off-street parking spaces would be required. He questioned how this requirement would be met and highlighted that paved parking spaces were likely required, noting that code discouraged the stacking of cars in driveways. He referenced §161.02, stating that conditional uses should only be approved if they were compatible with the district and surrounding uses and did not adversely affect the public interest. In his opinion, it would negatively impact public interest. Council Member Wiederkehr asked if the applicant for the short-term rentals would also have the opportunity to present. Michael Marsh, the applicant was available for a presentation. Michael Marsh, the applicant provided a brief summary of his background with the homes and his family. He explained his experience with Airbnb’s and that they maintain a 4.97 star review. They were excited about the opportunity to have the revenue from the short-term rentals. They had invested a lot of money and time into the property and wanted to maintain a modern aesthetic. He emphasized that guests would receive clear and adequate communication on where and how to park. He spoke with the Rusty Hulse, Assistant Fire Chief – Field Operations, who stated that if people park where they were supposed to, there would be no issue with emergency vehicle access. He stressed that they did not want parties at the homes and reviewed the minimum requirements for guests and their stays. Council Member Stafford and Michael discussed potentially parking scenarios. Council Member Stafford asked the applicant which home he would prefer to be a short-term rental. Michael replied he preferred both. City Council Meeting Minutes August 19, 2025 Page 12 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna and Jonathan Curth, Development Services Director discussed the approvals the applicant had gone through. The Planning Commission approved the conditional use permits for both properties by a vote of 6-2. Jonathan noted the applicant did not have documented violations while going through the approval process. He then went on to review the five main findings staff reviewed for the properties. Council Member Bunch requested location clarification on a new sorority build. Jonathan stated the University of Arkansas acquired property between the Razorback Greenway Wilson and Maple to the south, but the City did not have any authority over it. Council Member Bunch stated the applicant had gone through a lot of effort on the house to make it a good fit. She felt that the sorority houses in the area gave her pause but she did appreciate the efforts of the applicant. She wanted to hear what other Council Members thought. Council Member Turk and Jonathan Curth discussed the parking oversight due to the sorority houses in the area. Jonathan stated that anyone who parked on Wilson St without a parking pass would receive a ticket. He mentioned that active ticketing was taking place around campus, though he wasn't sure if it was focused on a specific area. They also discussed the parking space requirements for both single-family and multi-family homes. During public comment, Mayor Molly Rawn requested Jonathan explain if the conditional use permit would stay with the property or the only the owner. Jonathan stated the permit would stay with the property, but the new owners would have to obtain a business license and safety check. The City Council received 1 public comment regarding this resolution. Council Member Moore thanked both presenters for their presentations and care for the city. She explained her personal tie to the neighborhood and residents have shared the affect short-term rentals have on the neighborhood. Her concern lay in the saturation point of short-term rentals and the detrimental impact to the community members that live there long term. She hoped that council would vote no to both of the items and protect what’s important in the area. Council Member Bunch acknowledged she understood the Planning Commission’s vote in favor of the conditional use permit but based on her knowledge of short-term rentals near downtown, gatherings could still be disruptive. She expressed concern that visitors to this neighborhood might be louder, given the proximity to the entertainment district. She was leaning toward not supporting the short-term rentals. Council Member Berna stated he respected Mark Kinion greatly but struggled with voting for the appeal. He noted that two similar short-term rentals had been approved within a mile to a mile and a half of the current applicant's property, and those had on-street parking. In contrast, this applicant provided five parking spaces, which the Assistant Fire Chief – Field Operations deemed more than adequate and not a safety concern. The applicant had followed all procedures and had not operated illegally. The applicant had invested time, effort, and money to improve the properties, and he believed they represented the City well. He struggled with denying their opportunity to operate. City Council Meeting Minutes August 19, 2025 Page 13 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Stafford agreed with some of what Council Berna had said but he did have some issues. He reviewed his concerns with saturation and parking. He did not think that unit 463 had adequate off-site parking. He wasn’t sure on how he would be voting on the item, but he did not understand why both had to be a short-term rental. Council Member Dr. Jones and Michael reviewed his history with the home and the process on getting approved for the short-term rental. Council Member Dr. Jones then agreed with what Council Member Berna had said and that he respected Mark Kinion, but he couldn’t in good faith support the appeal. Council Member Wiederkehr commended the applicant. His challenge was rooted in the potential number of guests in both homes at the same time. He commended the applicant for their patience and not violating any rules but was struggling with his vote. He felt that one would work but two would be problematic. Council Member Turk stated there had been many challenges in the area, especially with saturation. She had seen saturated short-term rental areas devastate neighborhoods and community so because of that she would support Mark Kinion’s appeal. Council Member Min. Jones and Jonathan Curth discussed historical districts being exempt from short-term rentals. Jonathan Curth stated they were not. Council Member Moore moved to grant the appeal for 421 W Ila St. Council Member Berna requested clarification on what a yes or no vote meant for this item. City Attorney Kit Williams stated a yes vote meant to deny the conditional use permit request and would not continue operating the short-term rental. Council Member Moore moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution failed 4-4. Council Member Moore, Wiederkehr, Bunch and Turk voted yes. Council Member Berna, Min. Jones, Stafford and Dr. Jones voted no. Mayor Molly Rawn and City Attorney Kit Williams clarified what it means if she voted yes or declined to vote. If the appeal failed, the Planning Commission decision would be upheld. Mayor Molly Rawn declined to vote. The resolution failed. A resolution to grant the appeal of Council Members Sarah Bunch, Sarah Moore, Teresa Turk, and Mike Wiederkehr and deny Conditional Use Permit CUP 2025-026 for a type 2 short-term rental at 463 West Ila Street in Ward 2. Council Member Moore moved to suspend the rules and go to public comment directly. The motion passed unanimously. Council Member Moore moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 5-3. Council Member Moore, Wiederkehr, City Council Meeting Minutes August 19, 2025 Page 14 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Bunch, Turk and Stafford voted yes. Council Member Berna, Min. Jones and Dr. Jones voted no. City Attorney Kit Williams clarified there were 5 affirmatives votes so the appeal was granted and the conditional use permit that was approved had now been reversed. Resolution 191-25 as Recorded in the office of the City Clerk A resolution to request the prompt updating of the Trash and Recycling Master Plan of 2017 to analyze the advisability of transitioning to single stream recycling. Council Member Turk explained that she still had questions that were not answered and felt that was due to the process being rushed. She requested to work on the master plan and delay the purchase of trucks until more information was available. She requested City Council have the chance to tour the material recycling facility in Springdale. Council Member Moore had questions for Peter Nierengarten, Environmental Director Sustainability & Resilience. Mayor Molly Rawn invited Peter to speak to answer City Council’s questions. Council Member Moore and Peter discussed the specifics of the master plan. Peter stated the plan addressed areas such as food waste, composting, and commercial/multi-family recycling. As part of the plan, a cart-based recycling pilot project was conducted with 1,000 households in southeast Fayetteville over three months, which resulted in an 8% contamination rate. The planning process took a little over three years, beginning with a resolution of intent in December 2013, and cost slightly over $304,000.00, including a few amendments. Council Member Moore then asked why cart-based recycling didn’t move forward at the time of the master plan. Peter stated administration at the time did not want to move forward with it as there was not a processing facility in the area. Council Member Dr. Jones and Peter then discussed what the cost would be to taxpayers if City Council delayed cart-based recycling. Peter stated he did not have an exact cost, but the delay would continue to cause high numbers of recyclables to go to the Tontitown landfill. Council Member Dr. Jones then asked to discuss transparency within Peter’s department. Peter reviewed the history from when the rate study was approved at City Council to when it was presented to City Council in July of 2025. He stated there was press coverage on the entire process. Peter then spoke on the feedback he had received from the community, those who were excited and those who had honest concerns, which he listened to and explained the rationale behind the change. Council Member Dr. Jones acknowledged Peter’s open-door policy as it was related to the public and felt he did an awesome job explaining the process to those who asked. During public comment, Council Member Bunch addressed that the reason the City asked for people’s address when they do public comment was to acknowledge they were citizens of Fayetteville and what ward they lived in. The City Council received 6 public comments regarding this resolution. City Council Meeting Minutes August 19, 2025 Page 15 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Stafford requested Peter to review the timeline for cart-based recycling. Peter stated a pilot program for cart-based recycling began in Spring of 2016. From that point forward, it made more sense from a collection’s perspective, to transition to cart-based recycling. Council Member Stafford then asked if the City was going to continue glass recycling. Peter affirmed that glass and cardboard recycling would still happen. If the recycling center cannot take the items, the Trash and Recycling Department would still come and collect the glass and cardboard every other week. Council Member Stafford questioned if Peter was being truthful in his answers. Peter responded he was being honest with his responses. Council Member Wiederkehr and Peter reviewed how the sold materials through the Materials Recovery Facilities were then sold to brokers. The broker the city currently sold to would be the same broker who purchased from the Materials Recovery Facilities. Council Member Berna addressed the concerns about transparency and stated the City Council tabled the item when Council Member Turk requested it, giving everyone 3 more weeks to further discuss it. He recounted his personal experience with recycling and that he hadn’t heard any pushback on the new process. He felt it would be a convenience he did not have now. Council Member Turk brought up the discrepancies in the rate study versus the information that Peter had provided. She felt there was no implementation plan for recycling glass that guided the public on the transition. She wanted the public to have trust in system and participate because without it the public would not participate. The community had spoken with her about how they preferred the current recycling program and provided input on how it could be improved. She asked for City Council to vote for the item and felt it would give more transparency, support and community buy-in. Council Member Turk moved to pass the resolution. There was no second to her motion. Mayor Molly Rawn asked the City Attorney if the motion now died due to lack of a second. City Attorney Kit Williams stated that was correct, the City Council would now move on. The resolution failed due to lack of a second. A resolution to approve the purchase of six Peterbilt recycling trucks from Arkansas Municipal Equipment in the total amount of $2,510,052.00, plus any applicable surcharges, freight charges, and delivery fees, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Peter Nierengarten, Environmental Director Sustainability & Resilience provided a brief summary of the item. He stated the plan was to replace the existing curb-sort recycling trucks with new side load Peterbilt automated recycled trucks. They planned on transitioning 12 of the current trucks over to 6 new side load trucks. They intended to keep two of the curb-sort trucks in the case they needed them for glass recycling. The total cost of the 6 new trucks was just over $2,500,000.00; the funding would have $2,100,000.00 coming from the Fleet Replacement Fund and the sale of the 12 old trucks. He went on to explain what the Fleet Replacement Fund was and how it acquired its funds. The remaining balance, $418,751.00, would come from the Recycling City Council Meeting Minutes August 19, 2025 Page 16 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov and Trash Collections reserve fund. He apologized for originally being $1.00 off in the rate study in terms of how much would be taken from the Recycling and Trash Collection reserves. He then asked for Ross Jackson, Fleet Operations Superintendent to come and present. Ross Jackson, Fleet Operations Superintendent stated they prioritized operational efficiencies by selecting an automated side loader, which offered several benefits. Fuel savings were a key factor, as the fleet was reduced by half, cutting daily fuel consumption and idle time at stops. Observations showed that automated side loaders took 7-10 seconds per pickup, compared to 15 seconds with the existing curb sort system. By reducing the number of trucks from 12 to 6, they supported Climate Action Plan goals. Telematic software estimated an annual CO₂ em issions reduction of about 139 metric tons, with potential for further reductions from less idling and fewer stops. Maintenance costs were also expected to decrease. The new trucks had single rear axles, unlike the current larger trucks with tandem dual axles. This change improved turning radius, reduced the need for backing up, and increased overall safety. Fleet standardization was another focus, resulting in fewer parts in inventory, more interchangeable components, and quicker, more consistent repairs. He was available for questions. Council Member Min. Jones and Ross discussed the total cost of the sale of the curb-sort trucks. He was exploring the potential to repurpose one of the trucks for the Water and Sewer department. Council Member Moore and Ross discussed the timeline for ordering the trucks and what the potential financial impact could be. Ross stated the tariffs would be locked in at $3,000.00 per truck until October 31st. If the item was approved, he could issue a letter of intent to purchase the trucks which would lock in the order and avoid additional tariffs. Council Member Min. Jones and Ross reviewed where the funds would be pulled from and how the sale of the trucks would affect the fund. The City Council received 2 public comments regarding this resolution. Council Member Berna moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 7-1. Council Member Moore, Wiederkehr, Berna, Bunch, Min. Jones, Stafford, and Dr. Jones voted yes. Council Member Turk voted no. Resolution 192-25 as Recorded in the office of the City Clerk Announcements: Kara Paxton, City Clerk Treasurer reminded the public that Friday, August 22, was the last day to apply to be on a board, committee or commission and the deadline was 5:00 p.m. City Council Agenda Session Presentations: None City Council Tour: None City Council Meeting Minutes August 19, 2025 Page 17 of 17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Adjournment: 10:00 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer