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HomeMy WebLinkAbout2025-10-07 - Minutes - City Council Meeting Minutes October 7, 2025 Page 1 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting October 7, 2025 A meeting of the Fayetteville City Council was held on October 7, 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. Council Member Berna left the meeting around 9:45 p.m. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Mental Health Awareness Week: Mayor Molly Rawn thanked Council Member Dr. Jones and the Fayetteville Youth Advisory Council for bringing forward and supporting the Mental Health Awareness Proclamation. She went on to read the proclamation as presented. City Council Meeting Presentations, Reports, and Discussion Items: Sales Tax & Monthly Financial Report Steven Dotson, Chief Financial Officer gave a presentation on the Sales Tax and Monthly Financial Report. The July 2025 Sales Tax Report showed that taxable sales in the city totaled 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 October 7, 2025 Page 2 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov approximately $281,000,000.00, reflecting an increase of about 5.7%, compared to July 2024. This growth was primarily driven by the retail trade sector, which increased by 5% year over year. The Manufacturing Sector saw a rise of 51%, equating to approximately $4.4 million, while wholesale trade was up around $5.6 million. The Information Sector, which includes data processing, publishing, and cable subscriptions, grew by 35%, or about $2.2 million. The city's one-penny sales tax was up 5.6% compared to the previous year, and the county portion distributed to the city increased by 8.1%. Together, this resulted in a combined sales tax growth of 6.7%, or approximately $315,000.00, over July 2024. Year-to-date, combined city and county sales tax collections were up about 5.5%, or $2.1 million. Within the General Fund, the city was up around 7% in July, translating to $257,000.00 more than the same month last year, and up about 5.9% year-to-date, or just over $1.7 million. Compared to the budget, the city’s one-penny sales tax collections were up 2.5% for the month, while the county’s portion was up 4.9%. Overall, combined collections for July exceeded the budget by 3.6%, or approximately $175,000.00, putting the city up 2.5% year-to-date compared to budget projections. The August 2025 Monthly Financial Report reflected continued growth in several areas. General Fund property tax revenue was up 2%, or about $45,000.00. Franchise fees and alcoholic beverage fees both declined by approximately 1%. Building permits showed a significant increase, up 30% compared to the budget, which amounted to roughly $590,000.00. The city’s turnback revenue increased by 3%, while charges for services were down by about 3%. Court fees rose by 14%, or around $100,000.00. The general fund was up approximately 3% compared to budget through the month of August. In the street fund, which is primarily driven by the state turnback, revenue remained flat, with the fund total up only about $16,000.00 for the year. In the Parking Fund, charges for services were down 3%, but fines and fees increased by 32%, resulting in a fund total up 3%, or roughly $41,000.00. The Parks Development Fund saw a 1% increase in Hotel Motel Restaurant taxes, while charges for services declined by $26,000.00; overall, the fund was up 2.8%, or about $100,000.00, compared to budget. The Water and Sewer fund saw a 2% increase in revenue, or $632,000.00, with a total fund increase of 1.9%, or approximately $668,000.00. In August, the city began billing for the new Storm Water Management Fund, with collections expected to be reflected in future reports. The Recycling and Trash Fund showed a 23% increase in franchise fees, while charges for services remained flat, resulting in a total increase of about 1%, or $73,000.00, for the year. Finally, in the Airport Fund, gasoline sales were down 2.9%, or $56,000.00, while flight operations increased by 11.2% for the year. The airport was expected to see higher activity in the coming months. He was available for questions. Agenda Additions: None Consent: Approval of the September 16, 2025 City Council Meeting Minutes. Approved. Contract for Improvements to the Noland Water Resource Recovery Facility: A resolution to approve Amendment No. 1 to the contract with Garver, LLC in an amount not to exceed City Council Meeting Minutes October 7, 2025 Page 3 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov $1,921,700.00 for the preliminary design of improvements to the Noland Water Resource Recovery Facility, and to approve a budget adjustment. Resolution 218-25 as recorded in the office of the City Clerk Purchase of Transit Stop Enhancement Materials: A resolution to waive competitive bidding and approve the purchase of transit stop shelter structures and benches in the total amount of $269,700.00 plus any applicable sales taxes and shipping charges from Brasco International. Resolution 219-25 as recorded in the office of the City Clerk Contract with Burns & McDonnell Engineering, Inc. for Additional HWY 112 Project Work: A resolution to approve Supplemental Agreement No. 3 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $929,515.00 for construction management and additional design services related to HWY 112, and to approve a budget adjustment. Resolution 220-25 as recorded in the office of the City Clerk Additional Investment in the Fayetteville Childcare Assistance Program: A resolution to commit $24,690.00 in accrued interest from American Rescue Plan Act funds to the Childcare Assistance Program, and to approve a budget adjustment. Resolution 221-25 as recorded in the office of the City Clerk Improvements to North Street (Garland Ave. to College Ave.) in Partnership with ARDOT: A resolution to authorize an Agreement of Understanding with the Arkansas Department of Transportation for the North Street Improvement Project, and to approve a budget adjustment recognizing $300,000.00 in federal-aid funding and the required 20% local match of $75,000.00. Resolution 222-25 as recorded in the office of the City Clerk Recognize Revenue from ACT 833 to Fund Future Fire Equipment Purchases: A resolution to approve a $38,000.00 budget adjustment allocating ACT 833 funds for the purchase of fire equipment. Resolution 223-25 as recorded in the office of the City Clerk Accept $200,000 Grant from the Arkansas Department of Aeronautics to fund the Pavement Crack Repair Project: A resolution to authorize acceptance of a grant from the Arkansas Department of Aeronautics in the amount of $200,000.00 to fund the Drake Field Pavement Crack Repair Project, to approve Task Order No. 13 in the amount of $29,000.00 for Garver, LLC to provide engineering services for the project, and to approve a budget adjustment. Resolution 224-25 as recorded in the office of the City Clerk City Council Meeting Minutes October 7, 2025 Page 4 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Continuation of Central EMS Services: A resolution to approve a five year Interlocal Agreement for Continuation of Ambulance Services through the Washington County Regional Ambulance Authority at a cost of $1,216,622 in 2026, and to authorize the Ambulance Authority to operate Central Emergency Medical Service as the exclusive emergency and non-emergency ambulance service within the cities. Resolution 225-25 as recorded in the office of the City Clerk Roof Retrofit and Street-Side Boulders at YRCC: A resolution to approve Change Order No. 3 to the contract with Moser Construction, LLC in the amount of $123,948.50 to retrofit the existing metal roof, provide street side boulders, and to approve a budget adjustment. Resolution 226-25 as recorded in the office of the City Clerk Sewer Connection at 371 N. Harvey Dowell Rd.: A resolution to approve an allowance for a sewer service connection beyond the City limits for property located at 371 North Harvey Dowell Road. Resolution 227-25 as recorded in the office of the City Clerk Partnership with ARDOT and NWA Regional Planning Commission: A resolution to approve a Supplemental Agreement Letter with the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission for an additional $500,000.00 in federal aid funding through the Carbon Reduction Program for the Rupple Road Trail Lighting Project, and to approve a budget adjustment. Resolution 228-25 as recorded in the office of the City Clerk Water Sewer Work Truck Needs: A resolution to approve the purchase of a Ford Ranger from Randall Ford pursuant to Ordinance 6491 in the amount of $36,695.00, plus any applicable surcharges, freight charges, and delivery fees, and to approve a budget adjustment. Resolution 229-25 as recorded in the office of the City Clerk ARDOT Grant Agreement - Transit Stop Enhancements: A resolution to authorize an Agreement of Understanding with the Arkansas Department of Transportation for the Transit Stop Enhancements Project, and to approve a budget adjustment recognizing $150,000.00 in federal- aid funding. Resolution 230-25 as recorded in the office of the City Clerk Secure Firearm Storage: A resolution to encourage secure firearm storage and gun safety awareness for all residents. City Council Meeting Minutes October 7, 2025 Page 5 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 231-25 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: Mayor Molly Rawn announced that item B. 2, which had to do with the Planned Zoning District on North Raven Lane, received a request from the applicant to table it. PZD-2025-002 SE of North Double Springs Rd. and West Dot Tipton Rd.: 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. At the September 2, 2025 City Council meeting, this ordinance was left on the first reading and tabled to the October 7, 2025 City Council meeting. An amendment was proposed by the applicant that was provided to the City Council. City Attorney Kit Williams stated the City Council could either amend the item first or suspend the rules, furthering the reading. Council Member Moore moved to amend the Section 2 language to “This Planned Zoning District approval is subject to the following conditions which shall be reflected in an updated Planned Zoning District booklet.” Council Member Dr. Jones seconded the motion. Upon roll call the amendment passed 7-0. Council Member Bunch, Turk, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Min. Jones abstained. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a summary of the item and highlighted the proposed commitments by the developer. The developer committed to significant road improvements, addressing prior concerns raised by the City Council. The developer proposed upgrading approximately some of the linear feet of Dot Tipton Road along the property’s eastern frontage with full improvements including widening, curbs, gutters, sidewalks, trees and green space. The developer were in discussions with an adjacent property owner to pursue an emergency access easement through an undeveloped subdivision to the southwest, providing a third access point to the site. The developer proposed to remove Use Unit 46, short-term rentals, and add Use Unit 12A, allowing for small scale commercial uses. He went on to review the additional proposals which included increased stormwater retention, limiting building height to two stories, installing privacy fencing and coordinating with Farmington School District to propose three bus stop locations. He did mention that a traffic study was required as part of the standard development process. Staff maintained concerns about infrastructure and recommended denial of the Planned Zoning District. The Planning Commission forwarded the proposal to the City Council Meeting Minutes October 7, 2025 Page 6 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council with a 7-2 vote, citing compatibility with nearby development in Farmington. The two dissenting votes cited concerns about infrastructure and services. He was available for questions and Will Kellstrom and Jenny Burbidge were available to speak for the applicant. Will Kellstrom, applicant stated they held two public meetings and tried incorporate feedback from Farmington School District. What was brought forward a balancing act to try to get the project to meet everyone’s needs. All the units would be for sale and none would be held as rentals. The project was at a compatible density with almost all the surrounding developments with the only difference being incorporated green space, water treatment areas and a mix of unit types. They would follow through on what was presented and if it was not delivered, the project couldn’t be built. He felt this project would be good for the city. Council Member Turk and Jenny Burbage discussed where the retention ponds would be in the design. The City Council received 6 public comments regarding this ordinance. Mayor Molly Rawn clarified that if a Council Member wanted to abstain from voting they would need to not participate in the discussion leading up to the vote. City Attorney Kit Williams added they would also need to explain why they abstain. Council Member Bunch wanted to know what the road composition of Dot Tipton Road was. Jonathan and Chris Brown, Public Works Director, did not know. Chris expected that it was an old country road that had some level of chip seal and had been overlaid by the city. He felt it did not meet city standards and did not have the pavement structure a standard street would have. Council Member Bunch then asked if the heavy trucks construction trucks would cause the road to deteriorate substantially. Chris stated it could, but part of the typical development process would be to investigate and improve the standard structure. Council Member Turk verified that the item was on its second reading. Council Member Stafford believed the applicant would bring Dot Tipton Road up to city road standards. Council Member Dr. Jones and Jonathan reviewed staff and Planning Commissions approvals were. Council Member Moore and Jonathan discussed the current zoning of the property and what could be built. She questioned if the same concerns regarding infrastructure and traffic could be applied to the current zoning of the property if it were developed as is. Jonathan stated it was a possibility and reviewed the different ways the concerns could be addressed. Council Member Wiederkehr gave kudos to the design staff for working on this project and for trying to find an amenable way to make the project viable. Due to the location of the project, he could not say yes yet as he agreed there would much work required to manage the storm water in the area. He stated it wasn’t because he didn’t like the project, he had concerns on the sequencing and how ready the area was. He was comfortable voting or leaving it on the second reading. City Council Meeting Minutes October 7, 2025 Page 7 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk stated her issues were similar to Council Member Wiederkehr’s in that it was the location of the project and not the merit of what was brought forward. She appreciated the applicant meeting with the neighbors and felt they had been thoughtful with their adjustments. She would not be supporting the item. Council Member Stafford recapped the positioning of the property in regard to the surrounding properties. Compared to other subdivisions that had been proposed for the property, this project was the only one with large green space, active storm water retention and public greenspace. He stated if the City Council denied the land to be developed, and the lands value was decreased, the city could be held liable for it. He felt it was a good project and was okay with however the City Council wanted to move forward. Council Member Dr. Jones echoed Council Member Turk sentiments. Mayor Molly Rawn stated that there needed to be a motion to suspend the rules to go to a vote or else it would be left on the second reading. Council Member Dr. Jones made a motion to go to the third and final reading. Council Member Bunch then stated she appreciated all the efforts made with the property. Her challenges with the property were similar to what staff had. She was concerned about the traffic, the width of the road and the runoff. There needed to be affordable housing in Fayetteville but she was not sure how she was going to vote on the item. Council Member Min. Jones requested clarification from City Attorney Kit Williams on if she could vote on the item. She abstained from voting on the amendment as the document was dated for October 1st and she had seen it on October 7th for the first time. She liked to review before approving and did not feel comfortable saying yes to the amendment. Council Member Dr. Jones moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-1. Council member Bunch, Turk, Stafford, Dr. Jones, Moore, Wiederkehr, and Berna voted yes. Council Member Min. Jones voted no. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams stated Council Member Min. Jones should do what she felt was proper. There was a lot of discussion about the item and he felt she could do that without fear of litigation. Due to her clarifying she abstaining from just the amendment and not the Planned Zoning District, she was still allowed to vote on the final issue. Council Member Moore thanked the residents and the applicant’s team for continuing to discuss the property. She agreed with Council Member Stafford’s views and agreed with a resident’s comment about the importance of staying true to infill development, despite frustrations with expansion toward the city’s edges. She observed that the area had already developed into a sprawl pattern and emphasized that the city’s goals were not uniform, highlighting strategic plans that called for diverse housing and community growth. She agreed with Council Member Wiederkehr about the challenges of the project’s timeline. She believed City Council Meeting Minutes October 7, 2025 Page 8 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov the land, situated between two rapidly growing parts of the community, was unlikely to remain undeveloped. She explained her concerns about traffic and infrastructure, noting that people were moving into the area and would impact local roads regardless of where they settled. She was in support of the item. Council Member Stafford and Jonathan discussed the intent of the applicant to sell the properties and not rent them and the next steps in their process. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 5-4. Council Member Bunch, Stafford, Moore, Berna and Mayor Molly Rawn voted yes. Council Member Turk, Min. Jones, Dr. Jones and Wiederkehr voted no. Ordinance 6912 as Recorded in the office of the City Clerk PZD-2025-003 North Raven Lane: An ordinance to approve a Residential Planned Zoning District entitled PZD-2025-003 for approximately 49.2 acres located on North Raven Lane in Ward 4. At the September 16, 2025 City Council meeting, this ordinance was left on the first reading. Mayor Molly Rawn stated there was a request from the developer to table the item. Council Member Moore moved to table the ordinance to the October 21, 2025 City Council meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the October 21, 2025 City Council meeting. ANX 25-001 West Lierly Lane: An ordinance to annex that property described in Annexation Petition ANX 25-001 submitted by RMP LLP for property located on West Lierly Lane adjacent to Ward 4 containing approximately 19.92 acres. At the September 16, 2025 City Council meeting, this ordinance was left on the first reading and tabled to the October 7, 2025 City Council meeting. Mayor Molly Rawn noted the item was an ordinance to annex the property, if the vote passed the City Council would subsequently vote to rezone, which would be the following item on the agenda. If they did not vote for the annexation, the next item would not be discussed. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a summary of the item. Both city staff and the Planning Commission recommended approval. Staff considered two main factors: first, a new state law had eliminated municipal authority over planning areas outside city limits, making annexation the only way to apply city regulations. Second, the annexation aligned with the city’s comprehensive land use plan, City Plan 2040, which emphasized improving city boundaries and City Council Meeting Minutes October 7, 2025 Page 9 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov service efficiency. Staff found that annexing the property would reduce an existing peninsula of land surrounded on three sides by city property. It would also allow the city to apply environmental regulations, such as stormwater standards, which were no longer enforceable in unincorporated areas. The property contained hydric soils, and although a preliminary wetland determination found no jurisdictional wetlands, the city’s engineering division required a full assessment if development proceeded. Additional considerations included the city’s ability to provide water, sewer, police, and fire services. Adjacent subdivisions had anticipated the property’s annexation, and infrastructure connections were already in place. The property did not meet current fire response time standards; annexation could improve service efficiency by closing gaps in coverage. The Planning Commission voted 6–1 in favor of the request, citing the property’s suitability for infill development and proximity to existing services. Public comments expressed concerns about traffic, environmental impact, and water and sewer capacity. In response, the applicant worked with consultants to model sewer service and identified a route that avoided capacity issues. The water and sewer department reviewed and approved the plan. He was available for questions as was the applicant, Larry McCready. Larry McCready, applicant thanked the City Council for tabling the item at the previous meeting. He expressed appreciation and noted he only had a few additional points beyond what Jonathan had presented. He acknowledged potential downsides, including emergency response times, which were slightly outside the fire department’s guidelines, noting that nearby homes already within city limits faced similar response times. He also addressed concerns about wet weather sewer issues downstream from the property, explaining that the owner had conducted preliminary analysis and that the city could work with the developer to resolve any issues during the development process. Staff found that the property connected to existing streets on three sides, which would help distribute traffic and improve connectivity. Regarding concerns about density, he explained that the rezoning request, from Residential Agricultural to Neighborhood Conservation, could increase population density but was unlikely to strain public services. He then mentioned the pending rezoning petition and that it was important to go along with the annexation. He was available for questions. Council Member Moore and Jonathan spoke on the financial implications when a property is annexed. Jonathan stated they did not perform a fiscal impact analysis on the project given it was a smaller annexation that wasn’t associated with a Planned Zoning District. She followed up asking if through the potential rezoning if the city would recuperate funds. Jonathan stated that yes, through impact fees it could offset costs. The City Council received 1 public comment regarding this ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk felt it was a good idea to annex because the city would be able to keep water and sewer stands up to speed and have more oversight. She was in support of the item. City Council Meeting Minutes October 7, 2025 Page 10 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6913 as Recorded in the office of the City Clerk There was brief confusion on what was voted on as the following item also had to do with the same property. An ordinance to rezone the property described in Rezoning Petition RZN 2025-32 for approximately 19.92 acres located on West Lierly Lane in Ward 4 from R-A, Residential Agricultural to NC, Neighborhood Conservation. At the September 16, 2025 City Council meeting, this ordinance was left on the first reading and tabled to the October 7, 2025 City Council meeting. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a summary of the item. The property was proposed to be rezoned from Residential Agricultural to Neighborhood Conservation, a single-family zoning district compatible with the surrounding Residential Single Family-4 and Residential Single Family-8 zones. Both staff and the Planning Commission supported the rezoning, citing land use compatibility and the area's predominantly single-family character. Neighborhood Conservation zoning allowed up to 10 units per acre, compared to Residential Single Family-4’s limit of four units per acre. From a long-range planning perspective, staff believed that Neighborhood Conservation zoning complemented the future land use map designation for the property, which was classified as a residential neighborhood. The property’s location and its low infill attributes made it suitable for lower-intensity residential use. While rezoning to Neighborhood Conservation reduced tree preservation requirements compared to Residential Agricultural , aerial imagery from the past decade showed that the existing tree canopy was young and had developed over former pastureland. The Planning Commission heard concerns similar to those raised during the annexation process, including the loss of open space and potential impacts on city services and traffic. Despite these concerns, staff recommended approval of the rezoning request, and the Planning Commission forwarded it to the City Council by a 4–2 vote with one recusal. Supporters argued that Neighborhood Conservation zoning promoted a fiscally responsible development pattern by allowing more housing units with fewer infrastructure demands. The two dissenting commissioners felt that the proposed density was excessive compared to adjacent Residential Single Family-4 properties. He was available for questions. Larry McCready, applicant noted that while properties annexed into Fayetteville were typically designated Residential Agricultural by default, that classification did not fit the surrounding area, which was entirely zoned Residential Single Family-4. In comparing Neighborhood Conservation zoning to Residential Single Family-4, he pointed out that the differences were minimal; both allowed the same uses by right, with Neighborhood Conservation permitting a slightly higher density and smaller minimum lot widths. Staff indicated that most nearby neighborhoods were already built to those minimum standards, making Neighborhood City Council Meeting Minutes October 7, 2025 Page 11 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Conservation zoning compatible with its surroundings. He referenced staff’s memo to the City Council, which supported the compatibility of Neighborhood Conservation zoning with adjacent uses. Utility services were either on-site or nearby, and a sewer study had shown no capacity issues. An environmental analysis found no anticipated wetlands concerns or Environmental Protection Agency jurisdiction over the property. While further review would occur during development, preliminary findings suggested the site would be environmentally acceptable. The Neighborhood Conservation zoning classification aligned with the City Plan 2040 future land use map, which designated the area as a residential neighborhood encouraging compact, connected blocks with reduced setbacks which were features supported by Neighborhood Conservation zoning. Council Member Turk asked at what point would a financial analysis be done due to the different densities. Jonathan stated that financial analysis was done when a Planned Zoning District was submitted alongside the annexation. It hadn’t been done with a rezoning before but if it was something the City Council would like to see in the future he could look into it. Council Member Moore and Jonathan discussed the factors that went in to choosing Neighborhood Conservation. They discussed what the full density per acreage the Neighborhood Conservation zoning could go up to, which was 10 units per acre, excluding duplexes, triplexes and townhomes. Council Member Berna 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 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Moore, Wiederkehr, and Berna voted yes. Council Member Dr. Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Moore stated she would be in support of the item. She felt there should be diversity in the housing types to take care of the unique needs of the community. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Moore, Wiederkehr, and Berna voted yes. Council Member Dr. Jones was absent. Ordinance 6914 as Recorded in the office of the City Clerk An ordinance to rezone the property described in Rezoning Petition RZN 2025-27 for approximately 0.40 acres located at 3070 West Mount Comfort Road in Ward 4 from RSF-4, Residential Single-Family, Four Units Per Acre to NS-G, Neighborhood Services-General. At the September 16, 2025 City Council meeting, this ordinance was left on the first reading. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes October 7, 2025 Page 12 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth, Development Services Director stated there had not been any new changes or updates to the item. The neighborhood and the developer may have had conversations and an amendment request was possibly coming forward. He deferred to the presenter and was available for questions. Wes Bates and Connor Sisemek, applicants reflected on the future of Mount Comfort Road, envisioning it as a potential ‘Main Street USA’ that aligned with the goals of City Plan 2040. They emphasized that single-family homes made sense when originally built, but with increased traffic, rising from 8,000 cars daily in 2008 to 18,000, the road was suitable. They argued that placing homes along busy streets exposed residents to noise, air, and light pollution, and lowered property values, particularly affecting those with limited housing options. They advocated for walkable commercial development with diverse uses, not just convenience stores, and highlighted the planned transformation of Mount Comfort Road into a regional link street with medians and turning lanes. They described a shift in their proposal following community feedback; while they initially believed neighbors supported Residential Single Family-18 zoning opposition led them to revise their plan. They proposed a small adaptive reuse of the existing house for office use along Mount Comfort, a residential buffer of Residential Single Family-18 to the north, and no changes to surrounding Residential Single Family-4 properties. They rejected a bill of assurance due to its lack of neighbor support for any commercial uses under Neighborhood Services General. Ultimately, they believed the rezone to Neighborhood Services General supported incremental development and met many of the city’s planning goals. They expressed appreciation for community engagement and aimed to balance planning staff recommendations with neighbor concerns. Council Member Stafford and the applicants discussed how many units they planned to build on the property, stating it would be around 8 houses. They discussed the two mature trees on the property and their attempt to save the them. There was a discussion between Mayor Molly Rawn, City Attorney Kit Williams and Jonathan regarding the next steps for the mentioned amendment. The suggested amendment was to consider a rezone to Residential Single Family-18. It was then addressed that a spokesperson from the neighborhood would like to give a presentation before the City Council. The presentation would be heard before clarifying questions. Jake Hertzog, spokesperson for the neighborhood provided a brief history of the item and the local residential response to it. The neighborhood was against the Neighborhood Services General zoning and felt it would not fit with the neighborhood. The Planning Commission agreed and denied the request, finding that businesses like delis, dry cleaners, and medical offices were incompatible with the area. Although the developers initially proposed building two homes and an office, they later appealed the decision and suggested splitting the lot to include Neighborhood Services General zoning. Residents had previously agreed to Residential Single Family-18 zoning, despite discomfort with its density, because it would prevent commercial development. This agreement was documented and shared with city officials, and residents believed the matter was settled at the September 16th City Council meeting. However, the developers pursued Neighborhood Service General zoning instead, prompting renewed opposition. Residents met with developers on September 26th to discuss a bill of assurance to City Council Meeting Minutes October 7, 2025 Page 13 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov limit Neighborhood Service General uses. The neighborhood submitted a detailed proposal on October 1st, supporting several low-impact uses like florist and stationery shops, but received no response. Over the following months, residents submitted petitions signed by 31 neighbors opposing Neighborhood Service General zoning. Mount Comfort Road lacked a center turn lane and faced increasing traffic, with documented crashes, including a fatal accident, near the property. Gooseberry Lane, adjacent to the site, was a narrow, sidewalk-less street with steep drainage ditches, making it unsafe for construction and future business traffic. He emphasized that the driveway’s proximity to the intersection would worsen safety issues if converted to a business entrance. City staff confirmed that planned road improvements would not occur within five years, reinforcing residents’ belief that Neighborhood Service General zoning was dangerous. He argued that Neighborhood Service General’s permitted uses would bring excessive traffic, waste, and parking challenges. The neighborhood urged City Council to deny the Neighborhood Service General zoning. There was a clarifying discussion between Mayor Molly Rawn, Chief of Staff Keith Macedo and City Attorney Kit Williams on why the spokesperson received 10 minutes for a presentation. Council Member Moore requested clarification on what the developers were wanting to amend. The developers stated the request would be changed via split zoning; they would do Neighborhood Services General on one section and do Residential Single Family-18 north of it. Council Member Moore then asked City Attorney Kit Williams if they would be able to make that change on the fly without public notification. He responded there would be no need for further notification as it was a legislative decision. Council Member Stafford and Jonathan discussed the bill of assurance that was requested. Jonathan stated that only an applicant can offer a bill of assurance and the applicant did not submit a bill of assurance with this request. Council Member Stafford spoke with Jake Hertzog on the acceptable uses the neighborhood had submitted to the developer. Council Member Stafford then verified that gas stations would not be allowed in the Neighborhood Services General zoning. The City Council received 12 public comments regarding this ordinance. Council Member Wiederkehr and Public Works Director Chris Brown discussed if there were any capital improvement programs for Gooseberry Lane. Chris stated there was not an existing plan. Council Member Moore moved to amend to the map that was presented to split zone the property. Council Member Stafford seconded it and felt it was a good compromise for the neighbors. Council Member Moore moved to split zone to Residential Single Family-18 and Neighborhood Services General. Council Member Stafford seconded the motion. Upon roll call the amendment passed 5-3. Council Member Bunch, Stafford, Dr. Jones, Moore and Berna voted yes. Council Member Turk, Min. Jones and Wiederkehr voted no. Council Member Turk advised the City Council to take a tour down Gooseberry to see the road condition. She stated there were ditches on either side, no curb or gutter and no sidewalks. The City Council Meeting Minutes October 7, 2025 Page 14 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov road was unimproved and there was a safety issue. She then asked Chris Brown, Public Works Director, when he anticipated putting a turn lane on Mount Comfort because without the added turn lane she felt any additional development would be irresponsible. Chris stated the street was wide enough to have a turn lane and there had been discussion internally on how to address it. He stated when there was bike infrastructure they would be able to restripe the road to add a turn lane but the project was not as simple as it seemed. It was in the five year plan but it was not 100% certain that it would be done in five years. Council Member Turk then went on to say the area was a dangerous traffic area and would not be compatible with commercial development. She was not supportive of the item and did not think commercial development on the road was appropriate. Council Member Min. Jones asked Public Works Director Chris Brown discussed how the streets were improved and who absorbed the cost of it. Chris stated it was improved in one of two ways; either as part of development as it occurs or the city would come and make any improvements necessary. Council Member Moore expressed appreciation for the longtime community members and acknowledged the deep care and passion residents had for the neighborhood. Having lived in the area for nearly 30 years, she recognized that Fayetteville was undergoing significant change and growth, accompanied by inevitable growing pains. She described the current moment as an inflection point, where infrastructure investments and development needed to be carefully timed and financially sustainable. She noted that single-family homes alone could not support the tax base required for major improvements and emphasized the need for thoughtful planning to bring amenities citywide. She reminding the public that many developers were also residents and taxpayers trying to contribute to the community. While acknowledging frustrations over communication gaps, she encouraged continued collaboration to combine development goals with neighborhood needs. She shared personal experiences walking along Mount Comfort Road, describing it as unsafe and in need of improvements. She viewed the development as a small but meaningful step toward reimagining Mount Comfort Road as a safer, more vibrant corridor. She hoped future generations, including her own children, would inherit a neighborhood with walkable amenities and alternatives to car ownership. Council Member Stafford discussed the daily traffic count and what parking would look like for the neighborhood. He said he heard a lot of fear at the meeting but acknowledged that Fayetteville was growing. Fayetteville was growing quicker than expected and the smartest way to build our City was incremental development and infill. He was in support of the project and felt the developers made a good compromise. Council Member Wiederkehr and Jonathan discussed access management standards addressing driveway issues due to added development to the property. Council Member Wiederkehr appreciated the developers as they had a good track record and their attempt at tree conservation. He thanked the neighborhood for speaking and felt their concerns were genuine. He wanted to hear from the Ward 4 Council Members as this was an area they lived in and frequented more than he did. Council Member Jones echoed the same sentiment regarding wanting to hear from the Ward 4 Council Members. City Council Meeting Minutes October 7, 2025 Page 15 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Min. Jones appreciated the developers for speaking on parking. Her concern was not just for the safety of current residents but for future residents. She did not have a problem with the development but a problem with the potential safety hazards. She wanted to verify that with developing the street it would add a safe entrance, exit and safer parking because those features were currently not there. Council Member Turk agreed with Council Member Min. Jones and felt that safety was the highest priority. She spoke on her experience on living in the area and felt like without a turn lane the increased traffic was a safety issue. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion failed 4-4. Council Member Bunch, Stafford, Moore and Berna voted yes. Council Member Turk, Min. Jones, Dr. Jones and Wiederkehr voted no. City Attorney Kit Williams stated the item failed as it needed 6 affirmative votes. New Business: Mayor Molly Rawn announced that after the first item was heard there would be a break. She also stated as a courtesy that the item in regard to the Lake Access Fees would more than likely be tabled. Resolution of Intent To Call for an Infrastructure Bond Election: A resolution of intention to call an election and request that Fayetteville voters approve renewal of the current sales and use one percent tax for financing of capital projects needed by our citizens. Mayor Molly Rawn provided a brief explanation. She referenced the success of the 2019 Bond Program, which brought significant improvements such as the Ramble, new fire stations, upgraded roads and trails, and enhanced parks. The new proposal, totaling approximately $320,000,000.00 aimed to build on that foundation without increasing taxes, maintaining the existing funding mechanism. It included essential upgrades to water and sewer systems to ensure reliability and support growth, new fire stations and equipment to enhance emergency response, and road improvements to create safer and more connected streets. The plan also featured pedestrian infrastructure projects to improve safety and livability, enhancements to parks and recreation facilities to support tourism and community well-being, and the development of an aquatic and recreation center to provide year-round opportunities for residents. Additionally, it proposed a modern animal shelter to improve adoption rates and veterinary services, and a West Side recycling site to advance Fayetteville’s sustainability goals. She noted that each project had undergone extensive review for need, cost, and legal compliance, with months or years of work by city staff and bond counsel. The resolution served to inform the public of the council’s intent and to allow time for community input before finalizing election language. Chief Financial Officer Steven Dotson was available for questions as well as Kevin Font from Stephens Incorporated who was the bond underwriter. City Council Meeting Minutes October 7, 2025 Page 16 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Keith Macedo, Chief of Staff explained that numerous studies had supported the proposed projects, including a detailed analysis of water and sewer infrastructure conducted with Garver. An agreement with Garver had recently been approved to move forward with an implementation plan. Additional planning efforts included a transportation mobility plan, an aquatic feasibility study, a parks master plan, and a feasibility study for the Animal Services Center completed about a year prior. He reflected on his time at the city, noting that many of the projects had been under discussion for over ten years. Some initiatives had also been considered during the 2019 Bond discussions but were left unfunded at the time, prompting the inclusion in the current proposal. A recent work session had been held to discuss the resolution of intent, which aimed to present the projects to the public and invite feedback. He emphasized the urgency of approving the resolution by November 4 to allow sufficient time for public communication and preparation. Council Member Moore and Chief Financial Officer Steven Dotson discussed the flexibility of the language in the bond in regard to how much money is in each segment. Steven stated the item was a resolution of intent, the changes Council Member Moore referenced would be discussed at a later meeting when the bond language was presented. Council Member Turk questioned the urgency on trying to get the item on the ballet in March of 2026 instead of the November 2026 midterm election. Keith stated that the current bonds would be paid off by earlier 2027 and if the item wasn’t passed on the November 2026 ballot the tax would sunset. Steven Dotson, Chief Financial Officer, added he had concerns about the Nolan plant and wanted to get the project moving as soon as possible. Council Member Turk and Steven discussed the possibility of slowing down the repayment of the 2019 bonds. Steven stated it cannot be slowed down. Council Member Dr. Jones asked what would community outreach look like as it related to education on the bond. Mayor Molly Rawn explained there would be information on the city website, mailers and social media support. Chief Communication Officer Gracie Ziegler stated the education piece of what the bond was and what it would do for residents would be done by staff and then sent out. Council Member Min. Jones had received many emails regarding the bond. She felt the bond issue was rushed and wanted consideration on putting some of the funds towards housing. She referenced the Local Government Bond Act of 1985 that said bonds may be issued for capital improvements of a public nature, which explicitly included residential housing for low and moderate income. She urged the council to think on the next steps on the bond and to place housing initiatives on the ballot. She voiced letting the voters decided to invest in affordable housing alongside other public improvements. She looked forward to working together but stressed she did not want to rush this issue and to take in consideration that some funding could be used for public housing. Council Member Moore discussed the capital overlay and that each year, per the feasibility study, there was $700,000.00 that was not cost recovered when dealing with the aquatic center. She said that in looking at the mid-year budgets, there had been a struggle on locating enough funds. Mayor Molly Rawn asked Bond Projects and Construction Director Waylon Abernathy and Director of Parks, Natural Resources and Cultural Affairs Alison Jumper to speak on the City Council Meeting Minutes October 7, 2025 Page 17 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov subject. Waylon explained that an item was removed from the agenda that was an exercise to come up with operations costs. Another exercise they were looking into was incorporating revenue generating components. Alison stated that the numbers mentioned from the feasibility study were based on broad assumptions and those would be honed in as they moved through the design process. Council Member Moore felt caution as revenue generation was mentioned due to equity and inclusion for all. Council Member Turk and City Attorney Kit Williams discussed what approving the resolution of intent meant. City Attorney Kit Williams stated amendments were allowed and they could vote to include another item or take one away. The resolution, to some extent, would be incorporated into the actual bond ordinance. Kevin Font from Stephens Inc. explained the multiple analysis based on the amount of revenue available from the one cent sales tax. Council Member Min. Jones stated a city cannot build itself out of a housing crisis and the retention of existing housing stock was critical. She motioned to amend by adding affordable housing to the bond. Council Member Turk seconded. Council Member Moore made a friendly amendment to make the motion to preserve existing affordable housing stock and to increase the amount of voucher properties in the City of Fayetteville. Council Member Min. Jones accepted the friendly amendment. Mayor Molly Rawn requested clarification on the amendment and wanted to know what the plan was to incorporate it into the ordinance. Council Member Moore stated she had a presentation on the amendment. Mayor Molly Rawn stated that since the amendment was already on the floor they should go ahead and vote on it. Council Member Jones wanted to know if there was a plan for the housing amendment and if there was time to come up with one. Mayor Molly Rawn stated there was not a plan and that it was not something staff was supportive of but Chief Housing Officer Marley Stark could come and speak to that. Council Member Min. Jones made a point of order that the City Council was in the middle of a vote. Mayor Molly Rawn stated that a precedent had been set that discussions continued after a motion and second earlier in the meeting. If the City Council wanted, they could pause those discussions and go to vote but that would set the standard for all future meetings. City Attorney Kit Williams stated someone could make a motion to go to immediate vote and cut off discussion but it would have to pass by two thirds. Council Member Min. Jones expressed no issue to the City Council continuing its discussion. However, she did take issue regarding a staff member speaking before the City Council had concluded its discussion. Mayor Molly Rawn stated she understood but Council Member Dr. Jones had a clarifying question of staff. Council Member Dr. Jones stated he would like for the Chief Housing Officer to come up to answer questions. It was decided to not deviate from how the meeting had been managed since it began. Marley Stark, Chief Housing Officer clarified that before she moved forward to think about housing was defined and what preservation looked like, encouraging a broader interpretation beyond just public housing. She cautioned against prematurely committing to a specific solution regarding public housing. Council Member Dr. Jones then asked if she was supportive of housing being included in the bond project. Marley felt that if the infrastructure wasn’t in place to support future housing production then there would be future challenges in closing the gaps. Council Member Stafford and City Attorney Kit Williams discussed the language for the bond and that it would have to say ‘public housing’ as that matches the Constitution and statute. City Council Meeting Minutes October 7, 2025 Page 18 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Stafford then asked if the City of Fayetteville would be the landlords of the public housing. City Attorney Kit Williams stated the city would have to own the public housing and maybe work with the Fayetteville Housing Authority but it hadn’t been planned out that far. He requested the bond council to come and speak on whether or not public housing would be allowed but was informed the bond council was not in attendance of the meeting. Council Member Stafford did not think adding public housing to the bond was the right vehicle for housing. He felt that at the Agenda Session Council Member Wiederkehr brought up good points on other ways to create revenue and bonds for public housing and he felt that was the more proper route. Council Member Berna stated he did not support the proposed amendment, emphasizing that all items currently included in the bond resolution had been thoroughly studied and communicated. He highlighted the city's proactive efforts in addressing housing, asserting that Fayetteville had done more than any other city in Northwest Arkansas. Despite interest from some Council Members in including housing, the bond was already capped at $320 million, meaning any addition would require removing something else. He stressed the importance of addressing critical infrastructure needs and concluded that while he supported efforts to improve housing, the bond was not the avenue to do it. Council Member Bunch felt the amendment was not fleshed out and could not support it. She agreed with Council Member Berna that it was not the venue or time for this infrastructure. She felt housing could be worked out at another point but she couldn’t vote in favor of the amendment. Kara Paxton, City Clerk Treasurer requested clarification on Council Member Moore’s amendment and asked if Council Member Turk would still be seconding the motion. Council Member Moore stated her amendment was to add preservation of affordable housing. Council Member Turk withdrew her second. Council Member Moore wanted to provided specifics around the amendment and felt it wasn’t fair to vote on an amendment like this without more information. Mayor Molly Rawn asked if another second was needed before a discussion could be had. City Attorney Kit Williams confirmed. Council Member Turk then seconded again to continue the discussion. Mayor Molly Rawn stated that the slides had not been seen by the Mayor’s office. Council Member Moore proposed reallocating $40,000,000.00 from the $320,000,000.00 bond to protect historically affordable housing, particularly units serving households at or below 50% of the Area Median Income. She referenced multiple assessments, including the May 2025 housing update and the City Plan 2040, that highlighted a growing gap in affordable housing and emphasized the urgency of including housing in the 2026 bond. She cited data showing that over half of Fayetteville households needed housing below average rent, with 6,400 households in 2023 requiring rent under $500.00 per month. She described vulnerable populations affected by the loss of affordable housing, including seniors, single parents, domestic violence survivors, and veterans. She argued that the sales tax bond offered flexibility and speed, allowing the city to act quickly when federally protected properties lost their status or changed ownership. She praised city staff and leadership for proactive housing efforts, including the creation of a Chief Housing Officer and exploration of revenue bonds and partnerships. She suggested adding language to the City Council Meeting Minutes October 7, 2025 Page 19 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov bond that would allow for affordable housing protection and estimated that $40,000,000.00 could preserve roughly 100 units, based on recent property sales. She stressed the importance of having funds readily available to prevent displacement and protect vulnerable residents. Mayor Molly Rawn stated it was troubling for the City Council to be asked to vote on an amendment that the Chief Financial Officer, Chief of Staff, Mayor and Chief Housing Officer hadn’t seen. City staff had used their discretion in generating the list of items in resolution and the Chief Housing Officer had said she didn’t believe the bond would be the right place for this kind of investment. She questioned where the $40,000,000.00 would be taken from. Council Member Moore responded that she would ask for feedback about how much flexibility there was within some of the projects. She understood there was give and take between the list but she felt this was an emergency. She respected the viewpoint from Mayor and staff but felt it was important to look into it as a possible solution. Council Member Bunch understood where the amendment was coming from but felt that the bond was going to be tight. She expressed going to staff and asking them to shave off millions was not responsible and didn’t see how money could be moved to cover the request. Council Member Min. Jones emphasized her deep commitment to the community, having thoroughly reviewed housing materials prior to the meeting. She noted that the Housing Task Force’s proposals and assessments had been completed but were not being actively discussed. She urged the City Council to reaffirm the declared housing emergency, which had been publicly acknowledged by the Mayor and City Council as a crisis in affordable housing. She stated that declaring a housing emergency required an emergency-level response, not routine action or rushed bond measures. She stressed that public funding carried opportunity costs and could instead be used to stabilize families, reduce homelessness, and build long-term community wealth. She highlighted the disproportionate impact of the housing crisis on vulnerable groups and pointed to the city’s comprehensive plan, which prioritized affordable housing and inclusive development. She felt the city could not declare a housing emergency while presenting a $3,000,000.00 bond and not address the emergency. She reaffirmed Resolution 117-24 and urged that spending decisions reflect community values and called on the City Council to prioritize safe, stable housing for Fayetteville residents and to ensure the issue received proper attention. Council Member Turk asked if the $40,000,000.00 would go towards preserving existing housing or building a new campus. Council Member Moore noted it was up for discussion and was trying to use a different avenue for protection. Council Member Berna stated the discussion solidified his thoughts on the amendment. He wanted to move ahead and call for a vote. Council Member Dr. Jones agreed with what Council Member Min. Jones had said. He felt like there was an opportunity to let the voters decide how they want the funds spent. If the $40,000,000.00 could be included and then let the voters decided whether or not they want it. He believed it was worth the conversation on inclusion. Council Member Bunch and Mayor Molly Rawn clarified what was being voted on. City Council Meeting Minutes October 7, 2025 Page 20 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Min. Jones moved to add a #10 Preservation of Affordable Housing. Council Member Turk seconded the motion. Upon roll call the motion failed. Council Member Turk, Min. Jones, Dr. Jones and Moore voted yet. Council Member Bunch, Stafford, Wiederkehr and Berna voted no. Mayor Molly Rawn declined to vote. Mayor Molly Rawn stated the City Council was still in the middle of the vote for the bond itself. She then announced that Council Member Berna had to leave due to a work emergency. The City Council received 12 public comments regarding this resolution. Keith Macedo, Chief of Staff emphasized that housing had been a priority for Mayor Molly Rawn since the beginning of her term. She had encouraged the team to explore innovative funding strategies beyond traditional capital investments, including regulatory reform. He described the Mayor’s approach as multifaceted, combining infrastructure investment with policy changes. He spoke on his experience working for other cities. He noted that affordability included not just rent or mortgage payments but also utility costs. The bond was seen as a way to support housing and other departmental programs, including efforts by Jonathan’s team, the Chief Housing Department, and infrastructure leaders. He expressed confidence in the team’s direction and emphasized that they had only begun to explore the full range of funding options to support affordable housing. Steven Dotson, Chief Financial officer reiterated the need for $126,000,000.00 to fund the Nolan plant, citing a study that identified numerous high-risk areas requiring immediate attention. He stated that this component of the bond was essential and should not be overlooked. An additional $20,000,000.00 was allocated for water and sewer improvements, including assessment and repair of the city’s critical 36-inch water line, which had experienced blowouts during high-pressure testing. The plan also included funding for water tank rehabilitation, addressing long-standing issues with aging infrastructure. The bond package designated $58,000,000.00 for street projects, noting that existing funds from previous bond issues were running low. If the bond passed in March, new project funds would not be available until September, creating a gap in resources for urgent street repairs. He highlighted $18,000,000.00 earmarked for fire department needs, including a new fire station, a training facility, and $1,500,000.00 for replacing fire engines. He referenced prior Capital Improvement Plan discussions that showed heavy programming for fire apparatus replacements between 2027 and 2030, stressing the need to free up capacity for other critical improvements. He stressed the urgency and importance of moving the bond proposal forward to address infrastructure and public safety needs across the city. Council Member Wiederkehr described how sales tax services the entire community. He was going to advocate for the exploration of the Public Facilities Board, which had the legal right issue revenue bonds, because that was the route he wanted to see taken on pursuing housing. He then made a motion to vote on the resolution. Council Member Stafford thanked Council Member Wiederkehr for his comments and thought that bonds were the proper mechanism for creating funds for housing. This bond specifically was City Council Meeting Minutes October 7, 2025 Page 21 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov an infrastructure bond and he felt the city was behind in their infrastructure investments. His opinion changed on the need for the aquatic center after hearing from the public and thought it was for the greater good of the citizens and community. He thanked staff for their hard work and felt the bond was vitally important. He was in support of moving forward and was ready to vote. Council Member Turk thanked staff for their hard work. She noted that since Council Member Berna was not in attendance to vote that maybe it would be better to table the item to the next meeting. Mayor Molly Rawn stated that was not the wish of the administration. Council Member Moore stated if a vote were to happen, she would be a very weak yes. She was concerned about the cost of the aquatic center and didn’t think it was the right time for it. She appreciated that infrastructure was at the top as she felt is was overdue but felt that all avenues needed to be explored when it came to housing. She did not want to hold up the bond as it was important for the residents and took care of everyone. Council Member Stafford moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 6-1. Council Member Bunch, Turk, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Min. Jones voted no. Council Member Berna was absent. Resolution 232-25 as recorded in the office of the City Clerk Mayor Molly Rawn reminded the audience that the next item had a request to be tabled and there was potential for a later item to be tabled as well. Flexible Marina Operations and Lake Access Fee Modifications for Lake Fayetteville, Sequoyah, and Wilson: An ordinance to modify the fee structure for lake use and access and allow for more flexible marina operations by amending § 97.070 Recreational Activities at Lake Fayetteville, Sequoyah, and Wilson of the Fayetteville City Code. Council Member Wiederkehr moved to table the ordinance to the October 21, 2025 City Council meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. This ordinance was tabled to the October 21, 2025 City Council meeting. RZN 2025-38 South Combs Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025-38 for approximately 0.20 acres located at 338 South Combs Avenue in Ward 1 from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes October 7, 2025 Page 22 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth, Development Services Director gave a brief summary of the item. The request was to rezone the property from Neighborhood Conservation to Residential Intermediate Urban. City staff recommended approval, and the Planning Commission unanimously supported the request with an 8–0 vote. The surrounding area was found to be compatible with the proposed zoning due to its diverse mix of housing types. Long-range planning standpoint indicated that the property’s location within a dense street network supported additional development and was well-served by existing water and sewer infrastructure. The rezoning would reduce tree preservation requirements by 15%, staff noted that the Walker Park Neighborhood Plan also called for more housing diversity. The applicant intended to keep the existing house on one street frontage while redeveloping the backyard on the opposite side. In response to a question from Council Member Turk, staff estimated that the property, with a width of approximately 65 feet, could be subdivided into three lots per street frontage if the existing house were removed, allowing for the development of two triplexes. Public comment received was supportive, and the applicants did not have a presentation. Council Member Stafford and Wes Bates spoke on how the property would be subdivided. 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 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. City Attorney Kit Williams read the ordinance. Council Member Min. Jones and Jonathan discussed an empty lot near the property that was not a part of the rezoning request. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. Ordinance 6915 as Recorded in the office of the City Clerk RZN 2025-37 West Hughes Street: An ordinance to rezone the property described in Rezoning Petition RZN 2025-37 for approximately 0.29 acres located at 902 and 908 West Hughes Street in Ward 2 from RMF-40, Residential Multi-Family, 40 Units Per Acre to RI-U, Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The rezoning request concerned an undeveloped property in central Fayetteville, located between Leverett Avenue and Garland Avenue, just south of North Street at the northwest corner of Store Avenue and Hughes Street. The proposal was to rezone the site from Residential Multifamily, four units per acre to Residential Intermediate Urban. Staff recommended approval, and the City Council Meeting Minutes October 7, 2025 Page 23 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Planning Commission unanimously forwarded the request to the City Council. The request aligned with the city’s future land use map, which supported diverse residential development in this neighborhood. The site’s dense street network and existing utility infrastructure made it suitable for infill development. Tree preservation requirements would decrease from 20% to 15%, but the developer was working with engineering staff to preserve prominent street-front trees. Staff clarified that a portion of right-of-way had been vacated northwest of the site and acknowledged a previous rezoning from Residential Office, where a veterinary clinic and other offices had operated. That area was now being redeveloped into townhouses. No public comments were received, and staff maintained their recommendation for approval. 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 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. Ordinance 6916 as Recorded in the office of the City Clerk RZN 2025-36 North Maxwell Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025-36 for approximately 0.30 acres located at 1146 North Maxwell Drive in Ward 2 from RSF-4, Residential Single-Family, 4 Units Per Acre to RI-U, Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The rezoning request concerned a third-acre property located just south of Dean Street and Garland Avenue, on the north side of Maxwell Drive. The property, currently developed with a single- family home, was proposed to be rezoned from Residential Single-Family, four units per acre to Residential Intermediate Urban. Staff found the request generally compatible with surrounding land uses, while adjacent properties were single-family, the area had begun transitioning toward more diverse housing types, including townhomes and multifamily units. The request aligned with the city’s long-range planning goals and the Residential Neighborhood Area designation on the future land use map. Staff highlighted several infill attributes that made the property appropriate for redevelopment, including access to transit and trails. The rezoning would reduce tree preservation requirements from 25% to 15%. Parking concerns were discussed, especially given Maxwell Drive’s narrow width and lack of curb and gutter. Staff noted that standalone houses would require on-site parking, unlike accessory dwelling units, which were exempt due to recent state preemption. Public comments expressed concern about introducing attached residential units into a historically single-family neighborhood and the limited parking capacity City Council Meeting Minutes October 7, 2025 Page 24 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov on Maxwell Drive. Despite these concerns, the Planning Commission voted 6–2 in favor of the rezoning, citing the property's infill potential and alignment with planning objectives. The two dissenting votes focused on the street’s condition and parking limitations. Council Member Min. Jones, Council Member Turk and Jonathan spoke on the parking requirements for accessory dwelling units and how it related to Residential Intermediate Urban zoning. Jonathan stated that due to the most recent legislation session, cities could not require parking with their construction. Wes Bates, applicant calculated that attainable housing typically ranged from $115,000.00 to $175,000.00 for a home, with rents between $1,000.00 and $1,500.00, based on Area Median Income figures. He emphasized that the small homes being proposed aligned with these affordability targets. He explained that rezoning to Residential Intermediate Urban would allow these units to be placed on individual lots with trail frontage and utility connections to Maxwell Drive. Although parking solutions had not yet been finalized, any new standalone homes would require on-site parking, unlike accessory dwelling units, which were exempt from parking requirements due to state preemption. He shared examples from North Little Rock and Bloomington, Indiana, where homes successfully integrated with trails, offering walkable, alley- loaded designs. He presented a table comparing parking requirements, noting that while accessory dwelling units required no parking, subdividing the lot and building two 600-square- foot homes would necessitate four on-site parking spaces. Council Member Stafford and Jonathan discussed fencing requirements and allowances. The City Council received 4 public comments regarding this ordinance. City Attorney Kit Williams read the ordinance. Council Member Turk stated she was not going to be in support of this change. She felt Maxwell was too narrow of a street and there was no gutter or curb. The proposed idea sounded good but they had no assurance that it would be developed that way. 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 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the motion passed 6-1. Council Member Bunch, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Turk voted no. Council Member Berna was absent. Ordinance 6917 as Recorded in the office of the City Clerk City Council Meeting Minutes October 7, 2025 Page 25 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov RZN 2025-34 East Joyce Boulevard: An ordinance to rezone the property described in Rezoning Petition RZN 2025-34 for approximately 4.01 acres located at 3066 East Joyce Boulevard in Ward 3 from RI-12, Residential Intermediate, 12 Units Per Acre and NS-G, Neighborhood Services-General to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The applicant requested to rezone the portion currently zoned Residential Intermediate-12 and Neighborhood Services General to Community Services. Staff supported the request, citing several changes since the original split zoning, most notably the rezoning of adjacent land to P-1 Institutional for the construction of Woodland Junior High. Another key factor was the planned realignment of Joyce Boulevard to improve traffic flow and safety at its intersection with Crossover Road. The existing alignment, referred to as "Old Joyce," was set to remain a public right-of-way, primarily serving school circulation and providing access to northern properties. Tree preservation requirements would remain unchanged at 20% under both the current and proposed zoning. Staff concluded that the realignment of Joyce and the shift in traffic patterns addressed previous concerns, making the rezoning appropriate. The Planning Commission unanimously recommended approval, and no public comments had been received. The applicant was unable to attend the meeting but expressed support for council action. City Attorney Kit Williams read the ordinance. 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 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Min. Jones, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Berna was absent. Ordinance 6918 as Recorded in the office of the City Clerk Announcements: Keith Macedo, Chief of Staff announced that the 27th Annual Celebration of Trees was being held the upcoming Saturday and also that the upcoming weekend was the 10th anniversary of the Square to Square bike ride from Fayetteville to Bentonville. Council Member Dr. Jones announced the grand opening of Moxie Hotel which was located in Ward One would be Thursday, October 9, at 4:00 p.m. City Council Meeting Minutes October 7, 2025 Page 26 of 26 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 11:23 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer