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HomeMy WebLinkAbout2025-09-02 - Minutes - City Council Meeting Minutes September 3, 2025 Page 1 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting September 2, 2025 A meeting of the Fayetteville City Council was held on September 2, 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: Mayor Molly Rawn announced the applicant for item B.2 regarding PZD-2025-002, requested the item be tabled. She let the public know that if they were at the meeting to speak on the item, there was a chance it would not be heard at the meeting. City Council Meeting Presentations, Reports, and Discussion Items: Steven Dotson, Chief Financial Officer presented the June Sales Tax Report. The taxable sales increased nearly 4.7% compared to June 2024. He went on to review the individual percentage categories. The city one penny was up 4.5% and the county portion to the city was up 6%; combined the city and county sales tax were up 5.4% compared to the prior year. He then presented the Monthly Financial Report for July 2025. He gave a review of the general fund and stated the Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Min. Monique Jones Ward 4 Position 2 Mayor Molly 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 September 3, 2025 Page 2 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov general fund was up around 2.7% compared to budget. He reviewed the various other fund percentages and stated that gasoline sales for the year were down 1.6%. Council Member Min. Jones and Steven discussed franchise fees totals. He clarified that franchise fees were down 1%, or around $28,000.000. Agenda Additions: None Consent: Approval of the August 19, 2025 City Council Meeting Minutes Approved. A resolution to confirm Mayor Rawn's appointments to the Fayetteville Public Facilities Board. Resolution 193-25 as recorded in the office of the City Clerk A resolution to authorize Mayor Rawn to sign a shared parking lease agreement with the University of Arkansas for operation of the University's West Annex Parking Lot as a revenue-producing off- street parking lot within the Dickson Street Entertainment District. Resolution 194-25 as recorded in the office of the City Clerk A resolution to authorize Mayor Rawn to sign a shared parking lease agreement with HMT of Fayetteville, LLC for the operation of two privately-owned parking lots as revenue-producing off- street parking lots within the Dickson Street Entertainment District, and to approve a budget adjustment. Resolution 195-25 as recorded in the office of the City Clerk A resolution to award Bid #25-44 and authorize the purchase of concrete construction services from Sweetser Construction, Inc. in variable amounts and for varying unit prices as needed through December 31, 2025. Resolution 196-25 as recorded in the office of the City Clerk A resolution to approve the purchase of a hydro-excavation truck from Gapvax Inc. in the amount of $733,015.70, plus any applicable surcharges, freight charges, and delivery fees, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 197-25 as recorded in the office of the City Clerk City Council Meeting Minutes September 3, 2025 Page 3 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A resolution to approve the purchase of a commercial roll-off truck from National Auto Fleet Group in the amount of $251,400.00, plus any applicable surcharges, freight charges, and delivery fees, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 198-25 as recorded in the office of the City Clerk A resolution to approve the purchase of a Spartan Aerial Fire Apparatus from Delta Fire & Safety in the amount of $2,024,386.00, plus any applicable surcharges, freight charges, and delivery fees, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 199-25 as recorded in the office of the City Clerk A resolution to award RFP 25-09 and authorize a contract with McGrath Human Resources Group, Inc. in the amount of $171,500.00 to provide compensation and classification consulting services, and to approve a budget adjustment. Resolution 200-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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. At the August 19, 2025 City Council meeting, this resolution was tabled to the September 2, 2025 City Council meeting. Mayor Molly Rawn stated this item was expressing City intent and was dependent upon the Salvation Army receiving funds from the grant. If they did not receive the funds, the City was not responsible for paying the $70,000.00. If they received a smaller portion of the funds, the City would be matching the smaller portion. Mayor Molly Rawn clarified for Council Member Dr. Jones that the City would match up to $70,000.00. The City Council received 1 public comment regarding this resolution. Council Member Wiederkehr moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed 7-0. Council member Wiederkehr, Berna, Bunch, Turk, Stafford, Dr. Jones and Moore votes yes. Council Member Min. Jones abstained. Resolution 201-25 as recorded in the office of the City Clerk City Council Meeting Minutes September 3, 2025 Page 4 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 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. At the August 19, 2025 City Council meeting, this ordinance was left on the first reading. Mayor Molly Rawn and City Attorney Kit Williams discussed Roberts’ Rules of Order and Procedure. Council Member Min. Jones moved to table the item to the next City Council meeting. Council Member Turk seconded the motion. City Attorney Kit Williams asked for clarification on what meeting the applicant wanted the item tabled to. Mayor Molly Rawn stated she would be comfortable with the applicant stating only when he wanted the item tabled to. The applicant stated he would like the item tabled for a month. He also announced to the public that there would be an informational meeting at the Fayetteville Public Library on September 3, 2025 to answer questions and provide feedback. Council Member Min. Jones modified her motion to table the item to the first meeting in October. Council Member Min. Jones moved to table the item to the October 7, 2025 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the October 7, 2025 City Council meeting and left on the first reading. New Business: A resolution to approve a cost share agreement requiring South Cato Springs Holdings, LLC to provide up to the estimated amount of $1,960,527.00 to increase the capacity of planned sewer infrastructure improvements to serve its development, and to approve Amendment # 1 to the Economic Development Project Contract with South Cato Springs Holdings, LLC. Devin Howland, Director of Economic Development set the intention of the resolution and provided a brief history of the item. The project traced to Resolution 279-22, which established a partnership with South Cato Springs and accepted a $3,000,000.00 Housing Urban Development project fund to build the sanity sewer infrastructure needed to support the Cato Springs community projects. As of May 2025, the Arkansas Department of Health had reviewed 90% of sewer design plans and as of July 8, 2025 a cost share was presented to the Water and Sewer Committee. City staff coordinated and confirmed with Housing Urban Development to amend the community project and confirmed the environmental assessments do not need to be re-engaged. The City’s only responsibility would be to manage the construction of the sewer and the grant from a fiscal standpoint. The City would not have a direct financial responsibility with the agreement. Within five years, they must produce 200 housing units, which was obtained in the certificate of occupancy for the units. There was an amendment that within 10 years, the project must include a facility that would serve neurodiverse adults along with spaces dedicated to innovation, job skill training or corporate headquarters. He reminded the City Council that the contract discussed City Council Meeting Minutes September 3, 2025 Page 5 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov adding a secondary point of access for Kessler Park and the sanitary sewer removed the need for on-site septic. He felt extremely proud of the progress made and the commitment of the investment. He was available for questions. Council Member Turk and Devin discussed what sector of the community the housing would be built for. Devin clarified they would be building a holistic community whose intention was inclusion in the community. They then discussed any changes that might be made to the footprint of the land. Devin stated it was still the 228 acres of land; the shift was it being developed as a neighborhood. He stated there was no additional cost to the City’s water and sewer, it was captured in the $3,000,000.00 grant. Council Member Bunch and Devin spoke on original project goals. Devin stated all original goals were happy and healthy. Council Member Moore requested more information on what the project would look like for those who hadn’t heard of it before. In the Fall of 2025, there would be meeting with the community to discuss the project. Council Member Stafford moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 202-25 as recorded in the office of the City Clerk An ordinance to approve VAC-25-16 for property located at 835 West Cleveland Street in Ward 2 to vacate 0.02 acres of right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The request was to vacate approximately two hundredths of an acre of right-of-way located at the southeast corner of the property. Storer Avenue was not aligned within the right-of-way; instead, the street hugged the left side, leaving an excess right-of-way on the east side where the vacation was requested. Staff compared the request against the master street plan to ensure street elements like through traffic, on-street parking, sidewalks, and screen space could still be accommodated. They found that these elements could be maintained and concluded it did not serve the public interest to keep the right-of-way. He addressed questions from the August 26, 2025 City Council Agenda Session pertaining to accident and traffic data. There was no traffic study done, which was normal for this type of request. Accident data from 2020 - 2024 showed there were four non-injury accidents at the intersection. The staff report noted that the Planning Commission initially had a third condition of approval related to a SWEPCO easement, but SWEPCO later confirmed it was unnecessary, so that condition was removed. One public comment during the Planning Commission raised concerns about adequate pedestrian space, but staff reaffirmed that pedestrian facilities would still be accommodated according to the master street plan. The Planning Commission unanimously recommended approval to City Council. He was available for questions. Council Member Turk appreciated the accident data that was provided. She was curious about the kind of scrutiny the department applied when considering this item. Jonathan stated the primary City Council Meeting Minutes September 3, 2025 Page 6 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov priority was to create a multimodal street network throughout the City; meaning every street would accommodate vehicular, pedestrian and bicycle traffic. 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 7-1. Council Member Wiederkehr, Berna, Bunch, Min. Jones, Stafford, Dr. Jones and Moore voted yes. Council Member Turk voted no. Ordinance 6903 as recorded in the office of the City Clerk An ordinance to rezone the property described in Rezoning Petition RZN 2025-26 for approximately 1.04 acres located at 1893 North Rupple Road in Ward 4 from RSF-1, Residential Single-Family, One Unit Per Acre to RI-U, Residential Intermediate-Urban, subject to a Bill of Assurance. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. In November of 2024, a rezoning request to change the zoning from Residential Single Family – One to Residential Intermediate - Urban had been denied by the City Council. According to city code, a rezoning request had to wait one year after denial unless it was substantially different. The current request before the council was to rezone the property and included a bill of assurance limiting development to single- and two-family dwellings, restricting units to eight total, and requiring a minimum size of 1,600 square feet. The request included design standards to mimic the Oak Brook planned zoning district nearby, which had higher design and landscaping requirements. Staff found the proposal compatible with the surrounding area, which included a mix of residential types and densities, and noted the property’s location on a major transportation corridor with access to a multi-use trail and transit. The Oak Brook planned zoning district to the north and west allowed similar residential uses, supporting compatibility. The property had access to water, sewer, and city parks, making it suitable for additional housing types. However, tree preservation would decrease under the new zoning, from 25% to 15%. Concerns from nearby residents focused on access to the private alley and potential density impacts on the Oak Brook subdivision. Access easements would be required before development approval. The Planning Commission first voted unanimously to reconsider the request, finding the bill of assurance made it substantially different. By an 8-1 vote, they recommended approval based on land use compatibility. Allison Penzo had a presentation to make to City Council. Allison Penzo, applicant provided a summary of their intentions with the property. They wanted to mimic the Oak Brook subdivision to create an easy transition, which they believed would benefit the project and the Oak Brook community. They proposed alley access and a connection to Starry City Council Meeting Minutes September 3, 2025 Page 7 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Night, remaining flexible about the exact location of access points. Their main concerns from City Council and neighbors were safety, density, and community, with property values and access. The bill of assurances limited curb cuts, capped density at eight units, and restricted development to single- and two-family dwellings with a minimum of 1,600 square feet. They submitted a Freedom of Information Act request about car accidents at the intersection over five and a half years, finding only four property-damage-only accidents, none serious, and no accidents since the multi-use trail was installed. They highlighted improved visibility at the intersection due to cleared vegetation. She stated that they would not extend the Oak Brook alleyway, respecting neighbors’ and developers’ feedback, though she was open to other access options. She thanked the City Council for their time and consideration. Council Member Stafford and Jonathan spoke on the applicant’s intent with the development; there would be a continuation of the Oak Brook neighborhood limited by the Bill of Assurances. They would not be allowed to build more than eight units on the property. Council Member Turk asked if the alley connected to Rupple Rd. Jonathan stated it was not a public alley. If it was, it could connect to Rupple Rd. But as a private alley, it was serving the residents of the Oak Brook subdivision. If it were extended, it would tie back northward to Starry Night rather than come out to Rupple given that Starry Night was a lower volume street. The City Council received 2 public comments regarding this ordinance. Council Member Wiederkehr wanted to clarify that the property was entitled to have its own private alley behind their property. Jonathan stated that was correct. 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 6904 as recorded in the office of the City Clerk An ordinance to rezone the property described in Rezoning Petition RZN 2025-30 for approximately 0.81 acres located at 2135 East Huntsville Road in Ward 1 from RSF-4, Residential Single-Family, 4 Units Per Acre to UN, Urban Neighborhood. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The request was to rezone the property from the existing Residential Single Family - Four to Urban Neighborhood. There was a variety of zoning districts in the surrounding area, which enabled to staff to decide the request to be compatible from a land use standpoint. Staff found it to be City Council Meeting Minutes September 3, 2025 Page 8 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov consistent with both the future land use map and it being an ideal infill location that included access to water and sewer, transit and a near-by park. Staff recommended approval as well as the Planning Commission with a unanimous vote to forward to City Council. No public comments were received by staff on the item. Council Member Min. Jones and Jonathan discussed which street would allow access. Council Member Stafford stated this location was in his neighborhood and he felt very excited and was supportive. 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. Council Member Turk asked for clarification on what the maximum number of units was that could be built on the property. Jonathan stated there was no defined maximum in the Urban Neighborhood Zoning District and that the maximum height was three stories. Council Member Dr. Jones echoed the sentiments of Council Member Stafford and said he was excited about the project. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6905 as recorded in the office of the City Clerk An ordinance to rezone the property described in Rezoning Petition RZN 2025-28 for approximately 0.40 acres located at 261 East Rock Street in Ward 1 from RMF-24, Residential Multi-Family, 24 Units Per Acre to UN, Urban Neighborhood. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the item. The request was to rezone the property from Residential Multi-Family – Twenty-four to Urban Neighborhood. Staff did find the request to be compatible. The property was immediately across from the Yvonne Richardson Center, which in staff’s estimations, was an idea place to have housing due to the access to the facilities. The location was appropriate for infill and had adequate fire response, access to both transit services and a large amount of connectivity. The tree preservation requirements would decrease from 20% to 15%. He noted there was a floodway associated with the property that did receive a variance from the stream site protection zone requirements in 2022 from the Planning Commission. Prior to that, the property was encumbered by streamside protection standards. The Planning Commission allowed encroachments in the management zone but not the stream. What the Urban Neighborhood Zoning District intended to do was allow City Council Meeting Minutes September 3, 2025 Page 9 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov flexibility in selling the future units with narrow lot widths that the Urban Neighborhood Zoning District allowed. Staff recommended approval and the Planning Commission forwarded to City Council unanimously. No public comment had been received on the item. Wes Bates and Tommy was available for questions. Wes Bates, applicant apologized for being unable to attend the meeting in person. He was present on behalf of Tommy Davis Flowers who was the property owner. The rezoning would allow her to subdivide her lots so that five units could be sold as individual townhomes versus condominiums. He noted the area had historically supported mix of uses until urban renewal shifted its character. Rezoning Urban Neighborhood would bring back the original intent and would encourage attainable housing options. They were collaborating with Tommy on a shared water line, which she had a cost share with the City on. Tommy was available in person for questions. Council Member Dr. Jones asked how long Tommy had been working on the project Wes stated that she had spent many years on the project, and her mother had tried to develop the site. There was a long history, and Tommy had finally been able to obtain building permits. They were excited to see this move forward. Council Member Dr. Jones appreciated the information and was hopeful it would pass. He was excited that it was at this stage and felt the community would appreciate it as well. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded but wanted to comment that he agreed with Council Member Dr. Jones and wanted to thank both Tommy and Wes. He felt it would do a lot for affordability in the neighborhood and bring back the historic character. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore echoed the early comments from her council members. She was looking forward to seeing the new zoning in conjunction with the redevelopment in the area. She appreciated the efforts and the partnership. Council Member Min. Jones and Jonathan discussed the parking requirements for the area. Jonathan stated parking was not explicitly a zoning issue. Residential developments have parking requirements, and the number of parking spots could be based on per unit or a per bed basis. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6906 as recorded in the office of the City Clerk City Council Meeting Minutes September 3, 2025 Page 10 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov An ordinance to rezone the property described in Rezoning Petition RZN 2025-24 for approximately 0.70 acres located south of 380 South Happy Hollow Road in Ward 1 from RSF-4, Residential Single-Family, 4 Units Per Acre to RSF-8, Residential Single-Family, 8 Units Per Acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The lot was an undeveloped, middle lot among five single-family homes at the corner of Fourth St and Happy Hollow Road. The property was zoned Residential Single-Family - Four and the applicant requested rezoning to Residential Single Family - Eight, which would allow the lot to be split into two for development. Staff reviewed the request and found it compatible with the surrounding single-family neighborhood, which featured a mix of lot sizes. They determined that Residential Single Family - Eight zoning was appropriate and aligned with long-range planning goals and the area's residential neighborhood designation. While tree preservation requirements would decrease from 25% to 20%, staff still recommended approval. At the Planning Commission meeting, public comments raised concerns about potential rental housing, multiple dwellings on the lot, and stormwater and flooding issues. Some neighbors submitted videos showing flooding, which ultimately influenced the Planning Commission to deny the rezoning request, despite staff's recommendation for approval. It was brought before the City Council on appeal. If the City Council voted to approve the appeal, it would overturn the Planning Commission's decision and allow the rezoning. If they denied the appeal, the original denial would stand. Nathan Street, SiteWise Civil Engineering addressed drainage concerns. He emphasized that the drainage problems were not caused by their property but rather affected it as well, due to the site's topography. They requested that this be acknowledged and stated that, if the rezoning were approved, it would enable their client to proceed with detailed design and engineering plans aimed at improving drainage patterns for both the property and its downstream neighbors. He also met with an adjacent neighbor who had submitted flooding videos and City Engineering staff. They discussed the current drainage conditions and noted that the City had identified the area as a priority for future remediation work. Council Member Stafford and Jonathan discussed how many units would be allowed to be built with the new zoning. Jonathan stated the Residential Single Family - 4 would allow two conventional lots to be subdivided on it but with street frontage there would be an allowance for tandem lots. Council Member Stafford and Nathan discussed the flood patterns and the cause of them. Council Member Stafford and City Attorney Kit Williams discussed how many votes were needed to pass the item. Council Member Berna requested Chris Brown, Public Works Director, to come and speak on the item. Chris Brown, Public Works Director stated the area had been a long standing drainage problem and was classified as a private drainage that runs through the property. A drainage consultant would be looking into the area and at solutions to the existing drainage problem. He stated the development hadn’t caused the drainage issue and wouldn’t contribute to it. City Council Meeting Minutes September 3, 2025 Page 11 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk and Chris discussed the requirements the development would be responsible for. This area was something that was being looked at and when the design was available, it would become a matter of priority. Council Member Min. Jones asked about the timeline for stormwater projects. Chris stated the list was still being developed. Council Member Moore verified they were anticipating the project to not increase concerns around drainage in the area. Chris stated that was correct. The drainage way came through the property so the overall impact to the area was small. Council Member Stafford and Chris then discussed possible design solutions for the drainage. 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 Berna seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford, Dr. Jones and Moore voted yes. Council Member Min. Jones voted no. City Attorney Kit Williams read the ordinance. Council Member Turk stated they were uncomfortable that there was no active list of stormwater projects. She then asked if this property would be a top priority for that potential list. Chris stated it would be a collaborative process. The top priority would be locations where there were water and structures. Property damage would be secondary. It would not be correct to state this item was at the top of the list, but it did have high priority. Council Member Stafford thanked Council Member Turk for her questions. He wasn’t ready to vote on the item at the meeting, but he believed a lot of his concerns had been answered. He hoped the drainage issues would be a high enough priority. Council Member Min. Jones and Jonathan discussed whether the property was in a flood area. Jonathan stated the property was not in a FEMA designated flood plan. Council Member Berna requested clarification on what voting yes or no would mean for the appeal. City Attorney Kit Williams stated a vote yes would approve the rezoning. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford, Dr. Jones and Moore voted yes. Council Member Min. Jones voted no. Ordinance 6907 as recorded in the office of the City Clerk A resolution to approve a Memorandum of Agreement with the City of Fayetteville Public School District outlining their participation in the Stormwater Utility Credit Program. City Council Meeting Minutes September 3, 2025 Page 12 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Chris Brown, Public Works Director provided a brief history of the item. They developed a stormwater credit program and one of those was a public institution credit. The agreement established a 20% credit for the year reflecting existing programs that the school managed, another 10% credit for 2026 to reflect additional programming they were proposing and up to a 50% credit for future retrofits that may occur on the schools’ properties. He then asked Dr. Julie Williams and Justin King from Fayetteville Public Schools to come speak on the item. Dr. Julie Williams, Deputy Superintendent of Fayetteville Public Schools stated the partnership represented a meaningful step forward in the shared commitment to sustainability, water quality and community education. Through the agreement Fayetteville Public Schools would strengthen their stormwater practices and expand hands on learning opportunities for students. The utility fee credits would ensure Fayetteville Public Schools could reinvest in sustainable products and projects. She introduced Justin King, the Fayetteville School Districts Sustainability and Outdoor Education Leader. Justin King, the Fayetteville School Districts Sustainability and Outdoor Education Leader gave a presentation on the current conservation efforts of Fayetteville Public Schools. He stated there was great passion of being good environmental stewards and creating those types of learners in Fayetteville. He explained that Appendix B reviewed partnerships at the elementary schools and goals. Council Member Moore and Justin spoke on the recommendations for the program and what they had going on already. Mayor Molly Rawn stated that someone from staff could come and speak with the students about their stormwater GIS project. Council Member Stafford and Chris spoke on the maximum stormwater reduction they could qualify for. Chris stated 40% was typically the maximum and that there were several ways to achieve credits. Council Member Stafford asked if the schools had done projects that would justify the award. Justin reviewed the changes that had been made, a new pond, underground water storage and catchment systems. Chris explained the credit program and the build time criteria that had to be met. Council Member Turk asked Chris why residents would only get up to 40% credit, but the schools could get up to 50%. Chris stated that the school district had an educational reach that the typical resident did not, so the credit was for all the work that they do. He felt it was important for the younger citizens to understand the importance of water quality as they went through the education system. Council Member Turk followed that wondering if private schools in Fayetteville would have the same conditions applied. Chris stated potentially; there were education line items in the credit framework and two different ways to obtain it. They then spoke on how the new retrofits would be monitored based on meeting on a regular basis and by making decisions collaboratively with school district. Lastly, she wanted to confirm she understood that any new project going forward was not eligible for this credit because they would have to adhere to the new stands. Chris stated if they were only meeting current stands and not going above and beyond the requirements, they would not be eligible. City Council Meeting Minutes September 3, 2025 Page 13 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 203-25 as recorded in the office of the City Clerk A resolution to approve a budget adjustment recognizing funding from the Arkansas Prosecutor Coordinator's Office in the amount of $350,000.00 for the Fourth Judicial District Drug Task Force. Mike Reynolds, Police Chief requested combining items C. 8 & C. 9 as it would be easier to explain them at the same time. Mayor Molly Rawn clarified that he would only speak about both, but the City Council would have two separate votes and motions. Mike Reynolds, Police Chief started the presentation on item C. 9, an annual resolution to approve funding for the Drug Task Force through the Edward Byrne Memorial Justice Assistance Grant. This grant totaled $56,559 and was combined with the State Drug Crime Enforcement and Prosecution Grant of $169,676, bringing the total federal and state grant award to $226,235. With a local in-kind match of $46,066, the full funding amount reached $272,301. The City of Fayetteville's share was about $135,148, with a local match of $27,519, which had already been approved in the 2025 budget. Fayetteville had served as the fiduciary for this grant for over 30 years, and the remaining $109,634 was distributed to Springdale, Washington County, and Elkins. These grant funds were restricted to personnel salaries and benefits assigned to the 4th Judicial District Drug Task Force and would cover expenses through June 30, 2026. This grant made up 21% of Fayetteville’s total Drug Task Force budget. Shifting to item C. 8, which involved a $350,000 non-matching grant from the Arkansas Prosecutor Coordinator’s Office. This was the second consecutive year the city received this grant, part of a $4 million allocation from the governor to reduce the burden on the 19 drug task forces across Arkansas. The 4th Judicial District Drug Task Force received this allocation to cover a projected shortfall of $628,755 for 2025 - 2026. Fayetteville’s share of that shortfall was approximately $209,082, funded through the general fund. This grant covered about 32% of Fayetteville’s Drug Task Force budget. He mentioned a third recurring grant, the High Intensity Drug Trafficking Area Grant, a non-matching federal grant of $147,020, which accounted for 23% of the Drug Task Force budget. Combined, the three grants totaled $491,250, covering 76% of the City’s Drug Task Force budget. The remaining 24%, about $160,989, came from the City’s general fund. He provided a historical breakdown of funding and reviewed recent Drug Task Force budgets from 2022-2025. Finally, he clarified that these grants came before the council only for acceptance, not application approval, as the mayor had the authority to approve grant applications when matching funds were already budgeted or unnecessary. Only grants requiring new or significant matching funds needed council approval to apply. He was available for questions. Council Member Min. Jones and Police Chief Reynolds discussed the grant for item C. 9, which was specifically for personnel expenses. Item C. 8 could be used for all drug task force expenses. Council Member Min. Jones asked if the grant could be used for community outreach. Willie Newman, Support Services Manager for the Fayetteville Police Department, stated it would not include community outreach; it could be used for travel and training and operations and City Council Meeting Minutes September 3, 2025 Page 14 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov maintenance. They then discussed how the funds were dispersed by the Drug Abuse Council. They were not using the grant for additional staffing. Council Member Min. Jones and Police Chief Reynolds reviewed that the City Council had approved the budget for 2025, which included the inkind match from the grant. Council Member Moore and Police Chief Reynolds discussed the asset forfeitures. Police Chief Reynolds pulled information from the last three years on asset forfeiture. In 2023, there were 30 forfeitures that totaled $152,998.00. In 2024 there were 30 seizures and the total was $136,399.00. In 2025, noting that the fiscal year runs from July 1 to June 30, there were 22 forfeitures for a total of $63,421.00. He added that the prosecutor for the drug task force has a threshold they establish before a seizure was made and it was currently at $750.00. Council Member Moore then asked if there was any tracking mechanism within the drug task force. Police Chief Reynolds stated their responsibility lied in enforcing the laws of the state of Arkansas and they do not take restorative measures. Council Member Moore questioned if there was follow up to create care and safety for those who lived with the target of the task force and were affected by the arrest. Police Chief Reynolds stated it was hard to provide a great customer satisfaction when arresting someone, but they want to do the best job to enforce the law equitably. The only mechanism the department had to deal with those who may have been traumatized by people dealing or using drugs would be the Crisis Intervention Response Team. Council Member Moore then asked for clarification if the department tracked multiplate roommate situations or follow up care. Police Chief Reynolds stated they do not track multiple roommate situations, but the Crisis Intervention Response Team did track the data, and he would try to provide that information to her. Council Member Dr. Jones thanked Police Chief Reynolds for his transparency and information. He then made a motion to approve the resolution. Mayor Molly Rawn stated they needed to go to public comment first. Council Member Dr. Jones moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Min. Jones, Stafford and Dr. Jones voted yes. Council Member Moore voted no. Resolution 204-25 as recorded in the office of the City Clerk A resolution to authorize acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $272,301.00, and to authorize Mayor Rawn to sign all necessary documents to receive the grant funds. Council Member Bunch moved to pass the resolution and Council Member Berna seconded. Mayor Molly Rawn went to hear Council Member Moore’s’ comment before moving on to roll call. Council Member Moore acknowledged there would likely be a majority support to move forward but she reiterated her belief that the war on drugs had been a failed policy. She felt disappointed, especially given Fayetteville’s typically progressive stance. She stated there was no clear evidence City Council Meeting Minutes September 3, 2025 Page 15 of 15 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov that drug task forces had made communities safer and had concern that aggressive law enforcement tactics had increased violence and led to higher overdose risks for user after incarceration. She highlighted problems in the local jail system, including overcrowding and deaths at the Washington County Detention Center. She called for more meaningful discussions around harm reduction such as education, safe needle disposal and access to recovery services. She noted she saw more evidence of harm than benefit from current drug polices and would vote no. Council Member Dr. Jones challenged everyone to work in conjunction and in collaboration with finding resources and opportunities. He felt the police department was doing a great job and leading in many areas. This was a big problem and would require different solutions. He appreciated the collaboration with social services. Council Member Bunch moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones votes yes. Council Member Min. Jones and Moore voted no. Resolution 205-25 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 8:03 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer