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HomeMy WebLinkAbout2025-11-18 - Minutes -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 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting November 18, 2025 City Council Meeting Minutes November 18, 2025 Page 1 of 19 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 A meeting of the Fayetteville City Council was held on November 18, 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 stated that due to the duct work going on in the Council Chambers it was loud behind her and the City Council Members. She asked that conversations be kept to a minimum so they could hear what was being said. She also asked that any comments made be kept respectful as there were topics on the agenda that had sparked passion and engagement throughout the community. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 2 of 19 Consent: A Resolution to Approve an Agreement — Red Line Contractors: A resolution to approve an agreement with Red Line Contractors, LLC for the hauling and disposal of solid waste in the City of Fayetteville for a period of 2 years with automatic renewals for two additional 2 year terms. Resolution 257-25 as recorded in the office of the City Clerk Approval of Insurance Broker Contract: A resolution to authorize a contract with Hub International Mid -America, pursuant to RFP 25-13, for insurance brokerage and consultation services in the amount of $13,000.00 per year, and to approve a project contingency in the amount of $1,300.00 per year. Resolution 258-25 as recorded in the office of the City Clerk Approval of City -Wide Corporate Accounts & Cooperatives: A resolution to authorize total expenditures in excess of $40,000.00 for maintenance, repair, and operations supplies and commodities across all departments City-wide using corporate accounts with purchasing cooperatives or state contracts for the fiscal year within the approved budget. Resolution 259-25 as recorded in the office of the City Clerk Approval of a Contract with I st Employment Staffing for Temporary Staffing Services: A resolution to award RFP 25-17 and authorize a one year contract with Daugherty & Daugherty Investments, LLC d/b/a 1 st Employment Staffing as the primary provider on an as needed basis for general clerical positions and as secondary provider for janitor/custodian, transportation maintenance worker and other positions as needed, with automatic renewals for four additional one year terms. Resolution 260-25 as recorded in the office of the City Clerk Approval of a Contract with HQ -NW Arkansas, LLC for Temporary Staffing Services: A resolution to award RFP 25-17 and approve a one year contract with HQ — NW Arkansas, LLC as the primary provider on an as needed basis for janitor/custodian, transportation maintenance worker and other positions and as secondary provider for general clerical positions as needed, with automatic renewals for four additional one year terms. Resolution 261-25 as recorded in the office of the City Clerk Cost Share Agreement Greenway Trail with Greater Productions, LLC and Budget Adjustment: A resolution to approve a cost share agreement with Greater Productions, LLC in the amount of $871,026.00 for the Greenway Trail Connection associated with the Park Hotel Project, and to approve a budget adjustment. Resolution 262-25 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 3 of 19 Environmental Consulting Operations, Inc. (Amendment No. 12): A resolution to approve Amendment #12 to the contract with Environmental Consulting Operations, Inc. in the amount of $63,500.00 for wetlands mitigation site monitoring and management in 2026. Resolution 263-25 as recorded in the office of the City Clerk Scull Creek Stream Restoration: Placeholder: A resolution to award Bid #25-52 and authorize a contract with Flow State LLC in the amount of $114,900.20 for the restoration of Scull Creek, to approve a project contingency in the amount of $18,000.00, and to approve a budget adjustment. Resolution 264-25 as recorded in the office of the City Clerk ADM 2025-0040 West Elm Street & North Leverett Avenue: A resolution to approve ADM- 2025-40 and amend the Master Street Plan to remove a portion of planned neighborhood link street from property located at West Elm Street and North Leverett Avenue in Ward 2. Resolution 265-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 2025-0046 North Penelope Lane: An ordinance to rezone the property described in rezoning petition RZN 2025-46 for approximately 2.58 acres located at 2097 North Penelope Lane in Ward 4 from R-A, Residential -Agricultural and RMF-24, Residential Multi -Family, 24 units per acre to RI-U, Intermediate -Urban. At the November 4, 2025 City Council meeting, this ordinance was left on the first reading and tabled to the November 18, 2025 City Council meeting. City Attorney Kit Williams asked if the City Council wanted to suspend the rules and go to the third and final reading. Council Member Moore 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. Jonathan Curth, Development Services Director did not have any updates for the item. As a courtesy, he reminded the City Council that staff was not in favor of the item however the Planning Commission had forwarded the item with a vote of 8-1. He was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 4 of 19 Tracy Hoskins, applicant presented on the item. The project was located on Penelope Lane on the west side of Fayetteville and involved a proposed restructuring of the property's zoning. The southern half of the property was zoned Residential Multi-Family-24, while the northern portion was zoned Residential Agriculture. The rezoning request aimed to initiate the design process in alignment with City Plan 2040, which encouraged smaller, compact lots and clustered housing to avoid sensitive areas. The proposal included downzoning the land along both sides of the creek to Residential Agriculture to prevent future development there. The primary focus of the rezoning was on the northern portion of the property to allow for smaller lots and concentrated development in less sensitive areas. The surrounding area included Residential Intermediate — Urban zoning to the east and north, Neighborhood Conservation zoning nearby, and Residential Multi-Family-24 zoning to the south. He emphasized that Residential Intermediate — Urban zoning was an ideal fit for the area based on transect zoning. Council Member Moore asked about additional property in regard to available green space. Tracy stated he did not own the property she referenced. Council Member Stafford and Jonathan discussed the flood plains and floodways of the area and the possible overlay between the two. Council Member Berna questioned what could be built in the area with the current zoning. Jonathan stated he did not know for sure but provided a rough estimate of 70 units per acre. He added that 70 units was more on the extreme side of the estimate and did not think it was feasible for the property given the floodplain, tree canopy and density requirements. Council Member Turk and Jonathan discussed the possibility of development in that area due to the stream side protection ordinance. The City Council received 1 public comment regarding this ordinance. Council Member Min. Jones and Jonathan discussed the possibility of a connection to the south of the property. Jonathan stated a connection would require the property owner to negotiate with the intervening property owner in between where they would need to acquire access right of way. Council Member Berna requested clarification on the differences between a flood plain and a flood zone. Jonathan explained the differences in building in a flood plain versus a flood zone. Council Member Stafford verified that staff was not in favor of the item but the Planning Commission was. He then stated he had reservations about the item due to flooding concerns and the bridge across the creek. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance failed 2-6. Council Member Moore and Berna voted yes. Council Member Stafford, Dr. Jones, Wiederkehr, Bunch, Turk and Min. Jones voted no. The ordinance failed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 5 of 19 New Business: 2025 COPS Hiring Program Grant Award: A resolution to authorize acceptance of the 2025 Community Oriented Policing Services Hiring Program Grant in the amount of $250,000.00 to fund two (2) new police officer positions for expansion of the School Resource Officer Program for a period of four years with a required local City match of $193,135.00, and to approve a budget adjustment. Council Member Dr. Jones moved to go to immediate vote. Council Member Stafford seconded the motion. Upon roll call the resolution passed 6-3. Council Member Stafford, Dr. Jones, Wiederkehr, Berna and Bunch voted yes. Council Member Moore, Turk and Min. Jones voted no. Due to a tie vote, Mayor Rawn voted yes. Mayor Molly Rawn asked shall the resolution pass. Upon roll call the resolution passed 6-2. Council Member Stafford, Dr. Jones, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Moore and Min. Jones voted no. Resolution 266-25 as recorded in the office of the City Clerk City Council to Name a New City Park: A resolution to name 1.28 acres of parkland located at 700 South Lieutenant Colonel Leroy Pond Avenue as South Yard Park. Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs presented on the item. In accordance with the park naming facility policy, the Parks and Recreation Advisory Board was responsible for recommending a name for the new park to City Council. The policy outlined five criteria for naming consideration: geographic location, notable features, historical significance, contributions to the park's development, and exceptional service to the park system. In 2019, Specialized Real Estate Group dedicated 1.24 acres of parkland and paid fees in lieu to satisfy the parkland dedication requirements for the South Yard residential development. The Parks and Recreation Advisory Board later recommended allocating approximately $64,000 in park fees toward the park's development, with the remainder funded by Specialized Real Estate. The park was designed by Specialized Real Estate in coordination with city staff. A cost -share agreement, approved by City Council in 2025, committed $64,000.00 in park fees for construction and required Specialized Real Estate to maintain the park for 10 years. At the September 2025 meeting, the Parks and Recreation Advisory Board considered three potential names: Branch Line Park and Junction Park (proposed by staff), and South Yard Park (proposed by Specialized Real Estate). Although an internal staff vote favored Branch Line Park, the Parks Board voted 5-4 in favor of South Yard Park. Per policy, the board recommended South Yard Park to City Council. Council Member Min. Jones asked if the cost -share of $64,000.00 was for ongoing maintenance or just the development. Alison stated the $64,000.00 was parkland dedication fees that were put towards the construction of the park. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 6 of 19 Council Member Stafford thought the park name recommendation was great in the sense of place making in Fayetteville. He looked forward to becoming a regular user of the park. Council Member Turk stated the dedication was a requirement for Specialized Real Estate and it seemed like they were not doing it completely out of the goodness of their heart. Since the city contributed $64,000.00 it seemed like the developer was getting more out of the arrangement than they should have. She was going to vote against the item as she felt Branch Line was a more appropriate park name. Council Member Stafford moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 6-2. Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Turk and Min. Jones voted no. Resolution 267-25 as recorded in the office of the City Clerk An Ordinance to Extend the Sunset Clause: An ordinance to amend Ordinance 6888 passed on June 17, 2025 to extend the sunset clause effective date to December 30, 2025 and to declare an emergency. City Attorney Kit Williams read the ordinance. Council Member Berna spoke as the Chairman of the Ordinance Review Committee. He requested more time to review the ordinance as the committee was meeting soon to review the final ordinance. He stated they only needed until December 30, 2025. Council Member Stafford was willing to give the Ordinance Review Committee one more month. He felt the City Council had waited very patiently for the ordinance to come through. He was willing to give another month but if more he felt it would need to go by a two week basis. Council Member Moore spoke on the concerns residents had brought her about short-term rentals leaving homes vacant during a declared housing crisis. She explained her concerns on applying an actual short-term rental limit and losing the flexibility the language of the ordinance gave. She was more open going forward to say that the City of Fayetteville would not allow short term rentals until the city was in a healthy rental market. Council Member Turk 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 7-1. Council Member Stafford, Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Min. Jones voted yes. Council Member Moore voted no. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 7 of 19 Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Stafford, Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Min. Jones voted yes. Council Member Moore voted no. Ordinance 6936 as Recorded in the office of the City Clerk Council Member Wiederkehr moved to approve the emergency clause. Council Member Stafford seconded the motion. Upon roll call the ordinance passed 7-1. Council Member Stafford, Dr. Jones, Wiederkehr, Berna, Bunch, Turk and Min. Jones voted yes. Council Member Moore voted no. RZN 2025-0047 West Megan Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025-47 for approximately 0.33 acres located at 2411 West Megan Drive in Ward 2 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 presented on the item. The rezoning request concerned a property in Northwest Fayetteville, located in Ward Two at the southwest corner of Megan and Porter, across from Calvary Baptist Church. The proposal before City Council was to rezone the property from Residential Single Family- 4 Units Per Acre to Residential Single Family- 8 Units Per Acre. Staff found the request compatible with surrounding land uses, which included a mix of housing types such as multifamily units and townhomes, and consistent with City Plan 2040 and the residential neighborhood designation on the future land use map. The site also met several infill criteria, including proximity to transit and Asbell Elementary School. Rezoning would reduce the required tree preservation from 25% to 20%, and public comments raised concerns about access management, particularly the possibility of a new driveway onto Porter, as well as impacts on water infrastructure, tree removal, and neighborhood character. Staff concluded that the single-family zoning would not create a hazardous traffic condition and recommended approval. The Planning Commission forwarded the request to City Council with a 6-3 vote, with dissenting members citing traffic and access concerns. Christina Zhu -Weaver, applicant presented on their item. She explained her familial ties to Fayetteville and the area the project was in. She addressed concerns raised by the Planning Commission and public comments regarding the development, neighborhood character, water mains, traffic and access. Due to the size of the lot, small scale development was physically feasible. In efforts to renovate the existing home, they had discovered the home failed to met current building codes, she went on to explain the enhancements and updates made to modernize the home. She felt that rezoning the lot to Residential Single Family-8 would reduce neighborhood impact by directing future driveways to Porter Road, keeping Megan Drive unaffected. She emphasized that Residential Single Family-8 did not increase building height, allow multifamily apartments or change setbacks. It preserved single-family character, maintained existing driveway access and aligned with city planning requirements. She felt that new housing would benefit the community and that the project was consistent with the City 2040 plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 8 of 19 Council Member Turk and Jonathan discussed access to the property if an accessory dwelling unit was built. Council Member Stafford and Jonathan then reviewed what the applicant was planning to build on the property in addition to the already existing property. The City Council received 3 public comments regarding this ordinance. Council Member Turk asked if there were any plans to expand Porter Road due to safety concerns. Mayor Molly Rawn then clarified the item was on its first reading. Jonathan answered Council Members Turk question, explaining that there were no current projects to widen the border of Porter Road. Council Member Turk and Jonathan went on to discuss the location of Friendship Park, a small local park for residents. Council Member Stafford stated that the rezoning would allow the owners to have parking requirements, which building an accessory dwelling unit on the property would have no such requirements. He felt the rezone would not change the character of the neighborhood and that the request was extremely reasonable. Council Member Moore thanked the neighbors of Megan Drive and appreciated the opportunity to discuss their concerns. She explained that the proposed plan for the lot was consistent with Fayetteville's infill development goals. Demonstrating empathy, she acknowledged the neighbors' safety concerns related to Porter Road and committed to providing follow-up information on the current city regulations affecting the area. Council Member Dr. Jones verified that staff and the Planning Commission were in support of the item. 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. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Min. Jones voted yes. Council Member Turk voted no. Ordinance 6937 as Recorded in the office of the City Clerk VAC 2025-0024 North Wilson Avenue: An ordinance to approve VAC-25-24 for property located at 618 North Wilson Avenue in Ward 2 to vacate 0.14 acres of right-of-way. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 9 of 19 Mayor Molly Rawn asked Council Member Moore to present on the item as she had brought it forward. Council Member Moore preferred that Jonathan Curth, Development Services Director, to speak first. Jonathan Curth, Development Services Director presented on the item. The property was located in central Fayetteville, between the downtown area and Wilson Park, on Wilson Avenue between Isla Street to the south and Louis Street to the north. The request was to vacate approximately 600 square feet of alley right-of-way at the northern end of the alley connecting to Isla Street. Staff had confirmed that franchise utilities consented and had no concerns, though one adjacent property owner had not provided a signature. The reason for the request was that a porch had been built into the public right-of-way 10-20 years earlier, creating a title issue when the owner sought to sell the property. Staff noted that the alley had once been continuous but its northern portion had been vacated in 1987, leaving it incomplete. While staff received support for the request, they did not recommend approval, citing the missing property owner's consent and the self-imposed hardship of building into the right-of-way. The Planning Commission unanimously recommended approval, concluding that the alley was unlikely to serve future access needs. They advised the City Council to support the vacation with the condition that any utility damage or relocation be handled at the developer or owner's expense Council Member Moore felt the item was an unusual situation. She explained her concerns with the area and how there wasn't complete connectivity. She was in support of the item and hoped the other Council Member's would be as well. Council Member Stafford verified no amendments needed to be made on the item. Following that, Jonathan explained staffs objection to the item. One of the adjacent property owners had not consented to the alley being vacated. The second concern was that ultimately the property could potentially see redevelopment and an alley loaded development may be a more preferable route for that to occur, rather than more driveways onto public streets. The third concern was the request was a self-imposed hardship of building a porch onto the city's public right away. He did note that the alley was not a public alley that a porch was built onto. Mayor Molly Rawn requested clarification on if the neighbor expressed that they did not consent or was the city unable to reach them. Jonathan stated that the neighbor did not respond. City Attorney Kit Williams explained the reason his office had reservations when an adjoining property owner had not consented was because the property owner that abuts an alley had a property interest in that alley. He mentioned prior cases in Arkansas that were relevant to the item. He stated it was hypothetical about what kind of damages there might be, but it did put the city in a situation where they would have potentially taken away the property interest of an adjoining property owner because they did not consent. Mayor Molly Rawn made a clear distinction that the reason the city did not have consent was because the city attempted to contact the property owners but they did not respond. Council Member Turk stated it would be important to know which neighbor had not consented to determine what they would be losing. She also commented that she was familiar with the house and was in support of vacating the property due to the topography and intense closeness of the house. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 10 of 19 The City Council received 2 public comments regarding this ordinance. Jonathan Curth, Development Services Director provided additional clarification based off of comments made. He explained that when public right away was vacated it goes to the property that plotted it. If the alley was vacated, it would be split down the middle and go to the two adjacent properties. Council Member Wiederkehr verified that no one was proposing to develop the area. He was trying to determine how the City Council came to be discussing this area. Jonathan stated the applicant was seeking to sell the property and a title search identified that a portion of the house was in the public right of way. Staff had not identified the issue and was not bringing the item forward. The buyer required the issue to be resolved prior to moving forward with the property purchase. They then discussed the amount of properties and their corresponding access. Council Member Berna asked if the City Council denied the vacation, if they would be denying the homeowners ability to sell their house, unless they received a vacation at a later point. City Attorney Kit Williams stated effectively that was probably what would happen and denying would make it very difficult to sell the property. 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 passed 6-3. Council Member Moore, Berna, Bunch, Turk and Min. Jones voted yes. Council Member Stafford, Dr. Jones and Wiederkehr voted no. Mayor Rawn voted yes. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6938 as Recorded in the office of the City Clerk RZN 2025-0048 N. Marks Mill Lane: An ordinance to rezone the property described in Rezoning Petition RZN 2025-48 for approximately 26.7 acres located south of North Marks Mill Lane in Ward 3 from RSF-4, Residential Single -Family, 4 Units Per Acre and UC, Urban Corridor to P-1, Institutional. City Attorney Kit Williams read the ordinance. The City Council took a five minute recess. Jonathan Curth, Development Services Director presented on the item. The property was located in north central Fayetteville and included about 26.7 acres stretching from Marks Mill Lane in the north to Ash and Walnut in the south, with a portion extending westward to College Avenue. It had remained undeveloped since the closure of a manufactured home park in the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 11 of 19 1980s-1990s. Two subdivision proposals had been considered in 2014, one for 54 lots that proved unfeasible and a revised plan for 35 lots, but neither included the southern or western portions of the property. The site was later involved in the 7 1 B corridor rezoning, shifting from mixed Residential Single Family-4, Residential Office, and Thoroughfare Commercial zoning to Residential Single Family-4 uphill and Urban Corridor near College Avenue. The current request was to rezone the entire property to P-1 Institutional. Staff found the request compatible with surrounding single-family neighborhoods to the east, north, and south, and with diverse nonresidential uses to the west. They noted that P-1 Institutional uses such as schools, parks, and museums could appropriately complement the area. Staff also reviewed tree canopy requirements, slope conditions ranging from 15-22%, and potential traffic access from Marks Mill, College Avenue, or Ash and Walnut. They estimated that 70-80 lots might realistically be feasible under current entitlements, though the applicant intended to develop an educational facility. Public comments were mixed: supporters valued the centralized location and school proposal, while opponents raised concerns about traffic, slopes, and tree canopy. Balancing these considerations, staff recommended approval. The Planning Commission voted 7-1 in favor, with one recusal, finding the rezoning consistent with land use plans and appropriate for institutional purposes. The dissenting vote cited cumulative environmental concerns as a reason not to change entitlements at that time. Dr. Mulford, Fayetteville Public Schools Superintendent had a presentation available. Council Member Berna offered to give Dr. Mulford an extra five minutes for his presentation. Council Member Turk stated she was fine with the time extension but she would prefer to keep it to 15 minutes maximum. Council Member Stafford felt that with a decision this large he would prefer to not limit time. Mayor Molly Rawn clarified that the 15 minutes was for Dr. Mulford's presentation. Dr. Mulford, Fayetteville Public Schools Superintendent presented on the item. He appreciated the staff s recommendation to proceed with the rezoning request, as well as the Planning Commission's support. He noted that much of the information had already been covered at the joint workshop in April, but he emphasized the long-term vision: a strategic redesign of feeder patterns for elementary, middle, and junior high schools, along with 10 year facilities plan that included new buildings, additions, and renovations. He explained that the district's boundaries extended beyond Fayetteville's city limits, and the new feeder patterns were designed to improve proximity and demographic balance. He described how the search for property had been limited, and the site under consideration was the only one available that met the district's needs. He recalled that concerns about alignment with city infill goals had been raised during the Woodland rezoning, and he stressed that those concerns had been taken to heart in selecting this property. He reminded the City Council that the process had begun in December 2023, with school board approval in February 2024, property identification in April, feasibility studies in June, purchase approval in July, and closing in August. Since then, the project had been discussed at multiple board meetings and a joint City Council meeting, and he highlighted a recent community forum where neighbors shared feedback. He explained that the property owner had intended to develop the land residentially but agreed to sell it for a school, believing it was an ideal location. He argued that rezoning to P-1 Institutional would prevent residential development and align with city goals for infill and revitalization. He emphasized that the site's proximity to Woodland Middle School, nearby housing, and trail connections made it a strong location for walkability, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 12 of 19 bikeability, and family convenience. He explained that the site was fully tree -covered and sloped, and he emphasized that development would be handled conscientiously. He noted that the district pursued three environmental certifications, including a stringent site certification that outlined resource management and construction methods. To his knowledge, no school in Arkansas had ever achieved this certification, and he highlighted it as a goal. He acknowledged three primary concerns from neighbors: the tree canopy and slope, stormwater runoff, and traffic and parking. He recalled that when families were engaged two years earlier about rezoning, they prioritized keeping children close to home, avoiding separation as they advanced through school, and limiting east -west travel. Those priorities guided decisions about feeder patterns and site selection. He explained that properties south of the preferred zone were either sloped, tree -covered, in floodplains, or near Town Branch Creek, while land to the east was already slated for development or outside city limits. He pointed out that the site met five of six city development priorities, contributing indirectly to attainable housing by keeping schools centrally located. He stated that stormwater issues already existed on the undeveloped site but believed they could be improved through terracing, underground detention, retention features, and a turf field with a drainage system. He also addressed traffic impacts, noting that projections showed 513 daily car riders across campuses, a relatively small increase, with many from the same families. He added that Marks Mill would remain emergency -only access, College Avenue would include a planned intersection, and Ash Street safety concerns would be addressed in coordination with the city. Sidewalks, he said, would only be added if neighbors requested them. Council Member Dr. Jones and Dr. Mulford discussed other possible properties to build the school. Dr. Mulford stated that there were no properties for sale that would work for the school. There was suggestion of 30 acres that were owned by the University of Arkansas but they had been told they were not willing to sell. They then discussed what the expected delay would be if the rezoning was denied. If property was found within the next 3 — 4 months, at minimum, it would be a year delay for students. The target opening date was August of 2028. Financially, if the rezone was denied, the school board would have to decide whether they wanted to sell it or not. They would then have to change the design to fit a different lot. Dr. Mulford stated that if the property was not rezoned, the students would be deeply affected. Council Member Berna requested the percentage of walkers or bike riders that attend Root Elementary versus bus riders. Dr. Mulford did not have that number, stating it was not something that was tracked. He emphasized the partnership with the city in doing the Safe Routes to School study. They then discussed where the students would go to school if this was not approved. Dr. Mulford stated that they would find a new location for Ramay Jr. High but it would not be as ideally located as the property discussed. Council Member Moore and Dr. Mulford then discussed the tree preservation for the property. Dr. Mulford explained the tree preservation process but that they designed a 3-story Junior High to reduce the footprint. In the current design, they were at an upper 30% range of tree preservation, hoping to reach 40%. There was a remainder of the site that was to be preserved to immerse the students and be used as a learning tool. In addition to that, it could also be accessible to the public, outside of school hours. Jonathan then explained tree planting requirements for developments. Council Member Moore questioned if residents would have 24 hour access to the forest. Dr. Mulford stated that would be determined as they went through it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 13 of 19 What was typical on most of their campuses was that when school was not in session, the playgrounds were generally open to the public. They anticipated the learning trails would fall in line with what the district already did, which was not 24 hour access. Council Member Stafford stated he had received many emails stating this was breaking several ordinances. City Attorney Kit Williams stated this was not breaking any that he was aware of and looked to Jonathan for further clarification. Jonathan stated with the rezoning request, he was not aware of any ordinances that were violated. What he felt the comments were referring to was that if the property were to be developed under the zoning district, there would be ordinances to broken, and that was to be evaluated as part of the development review process. He explained that was why the city goes through the large scale development process for which there was a public hearing and why there were permit approvals; all which came after the zoning. Council Member Stafford was curious if the school district had received offers from a group that was trying to raise money to purchase the property and turn it into a park. Dr. Mulford had not received any offers. If for any reason it was not rezoned, he assumed the school district would want to sell it, but at this point they were not interested in selling. He felt it was the best location for the students. Council Member Stafford then confirmed that under P-1 Institutional the land could be developed into a park and that the school district had hired a professional forester, Hunter Atkinson. Council Member Bunch and Dr. Mulford discussed the guidelines the school district would follow if they did sell the property. They would follow the fair market rate. Dr. Mulford anticipated that if the property were to be sold, the school district would go to the original seller of the property as he was very adamant he didn't want anyone developing the land but him, with the exception of the school. Council Member Turk and Jonathan discussed the possible conservation zoning for the land if it was rezoned as a park. She then asked Dr. Mulford if it was a requirement within their contract that the school district would sell to the prior owner. Dr. Mulford did not believe it was but it was more of a courtesy. Council Member Berna and Jonathan discussed the possible developments that could occur with a Residential Single Family-4 zoning. Council Member Berna then referenced a video that was received from a citizen showing the conditions of the land. He wondered if conditions for the neighbors would be improved with the school development. Jonathan stated that development standards were based on reviewing the current conditions, like pre and post development conditions. He briefly mentioned that the city had an opportunity to cost share on the improvement projects and when a storm water issue had been defined, the city had the ability to work with a development with public money to improve existing conditions. Council Member Berna and City Attorney Kit Williams reviewed the guidelines for what the City Council could and could not consider with the rezoning. The guidelines were based on statute and the development section of Arkansas code. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 14 of 19 Mayor Molly Rawn gave Dr. Mulford an opportunity to address the public accusations received. Council Member Dr. Jones asked to give him 5 minutes to speak versus 3. Mayor Molly Rawn proposed to give him 3 minutes and if he needed more the City Council could address the request then. Dr. Mulford, Fayetteville Public Schools Superintendent explained that he had not personally spoken with the University of Arkansas about property. Instead, the district's realtor had reached out nearly two years earlier regarding Woodland and Ramay Junior High, and at that time the University of Arkansas was not interested in selling. He confirmed that the timeline of four years was accurate and noted that the district had received extensive Freedom of Information Act requests. His team worked hard to respond quickly, correcting any missed or inaccessible items, and communicated when certain requests were not subject to the Freedom of Information Act. He also addressed claims about slope, clarifying that the design focused on the lower portion of the site with a 14% grade rather than the steeper 22% grade. He thanked Mayor Molly Rawn for the opportunity. The City Council received 38 public comments regarding this ordinance. Council Member Berna recalled that a few months ago there had been a heated debate and it was said that some of the City Council members were in the pocket of the Fayetteville school district. In that conversation he stated he would always support Fayetteville's children and would support the school district until they gave a reason not to. He did not support the request until the school district provided more substantial information. When the new plan was introduced, he was surprised that construction was possible on the site, but after hearing Dr. Mulford's presentation on feeder patterns, he recognized the benefits. He then shared a personal story about his grandson and how the experience impacted and influenced his decision to fight for all the students of Fayetteville to have the best possible educational experience they could have. For that reason, he stated that he would support the rezoning request. Council Member Min. Jones questioned if the Fayetteville Heritage Association purchased the land, how long would they have before they could rezone it if this rezoning failed. Jonathan stated if the zoning request was denied, they would have to wait a year before re -submitting. Council Member Stafford followed up on Minister Jones's comments and argued that the worst outcome would have been development of the site as a Residential Single Family-4 neighborhood, which by right would have led to the destruction of the forest. He explained that nearby developments such as Summit Place showed how remaining trees were temporary and would eventually be replaced by houses. In contrast, he believed that an institutional use, such as a school or park, within the hillside overlay district would have preserved a concentrated section of forest, providing inspiration for children attending school there. He clarified that the City of Fayetteville was only responsible for the rezoning decision, not for how the school district spent its money, since the district was a separate elected body. He stated that his role was to evaluate the land use, not the district's finances, and acknowledged that engineering challenges such as slope and soil could be overcome with investment. He believed that detention ponds, water routing, storage tanks, and permeable surfaces would improve runoff rather than worsen it. Finally, he recognized that traffic, particularly on Ash Street, was a longstanding issue that 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 15 of 19 needed to be addressed, but he understood that the school did not plan to use it as a major access point. Even though he was in support of the item he hoped the City Council would leave it on the first reading. Council Member Dr. Jones thanked Dr. Mulford for his presentation. He felt this issue was about the future of Fayetteville and the children. He couldn't help but think that it wouldn't be perfect, but it would be right. He felt the concerns of the community were justified but that this location would leave to a critical success for the city and the students. He reflected on the benefits of new feeder patterns, closing the achievement gap, and creating inclusive, culturally responsive environments that fostered belonging, social justice, and equity. He stressed that these outcomes were critical for the success of both the city and its students. He asked if any of his fellow Council Members had gone to the Ramay Junior High to identify the needs of the school as they had done with the forest area. He was looking forward to supporting the item, not because it was perfect, but because the school district had shown to be quality stewards. Council Member Bunch verified the surrounding neighborhoods zoning and went on to comment on the item. She believed Residential Single Family-4 was not the best zoning for the property and argued that it could not have been developed feasibly under that designation. She explained that a developer would likely have sought higher density to make the margins work, since Residential Single Family-4 would have resulted in multimillion -dollar homes with little demand. She acknowledged that the site posed challenges but noted that the school district had invested significant time and effort into its proposal, which would reduce travel burdens for families and support feeder patterns. She emphasized that the project was not comparable to older hillside houses with structural problems but rather would be a well -constructed institutional building held to high standards. While she admitted there were aspects of the site she did not like, she stressed that schools were more than buildings, they were investments in families and the community's future. She added that alternative properties were scarce, with most available land either outside the district, in floodplains, or on remote county roads. Ultimately, despite reservations, she stated that she supported the rezoning. Council Member Turk thanked everyone for attending and sharing their concerns and passions. She noted that geotechnical boring was about to begin and said she wanted to see the results before moving forward, since the geology raised serious issues. She mentioned that the Natural Heritage Association was actively seeking alternative sites with secured funding, and she believed that finding a flat location that fit the feeder pattern would have been the best outcome. She acknowledged that the community was divided and said more time might have been needed. She also raised concerns about traffic, particularly the failing grade at the Sycamore and Old Wire intersection, which could require costly improvements. She emphasized that there were many outstanding issues but stressed the importance of prioritizing children, ensuring walkability, and preventing future safety problems. Council Member Turk motioned to table the item to the December 16, 2025 City Council meeting. Council Member Stafford added that it could be left on the first reading. Council Member Turk stated she would like to give other parties more time to find alternative sites and potentially work out the issues. Council Member Min. Jones seconded the motion. Council Member Berna pointed out that Dr. Mulford stated the property was not for sale and they had an 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 16 of 19 agreement with the original owner of the property that if a school was not to be built it would be sold back to the original owner. Council Member Moore had a parliamentary point of information. She questioned if debate was allowed when there was a motion and second on the floor. City Attorney Kit Williams stated they could debate the motion that was on the floor. Council Member Berna went on to say that Council Member Turk's motion was to give a group more opportunity to make proposals on something that may not be feasible. Council Member Wiederkehr felt confident that Dr. Mulford did not say the school district had a contractual obligation to give first right of refusal to the original owners of the property. Council Member Wiederkehr and City Attorney Kit Williams discussed Rules of Order and Procedure. Council Member Wiederkehr felt Dr. Mulford had done an amazing job with the project. He emphasized that while the community valued both environmental stewardship and education He noted praised in the site's proximity but admitted its location was problematic. He explained that engineering costs on the hillside could easily rise 20-40% once work began, and no consultant would have identified the site as a first or second choice. He stressed the importance of maintaining hospitality and community spirit despite disagreements, reminding everyone that raising children was about building quality people. He admitted he did not like the location and pointed out that no consultant would have chosen it as a first or second option, though he commended the superintendent for professionalism and honesty. He had attended four parent meetings and strongly supported the plan to keep students together in cohorts but took issue with the location while acknowledging he liked the proximity. He concluded by reiterating that proximity and location were not mutually exclusive and reviewed the constraints for making decisions about rezonings and land use regulations. Council Member Moore thanked everyone for the dialogue and agreed with Council Member Wiederkehr that all perspectives were rooted in prioritizing children, even if different solutions were proposed. She acknowledged valid concerns about feeder patterns, the loss of trees, storm drainage, engineering costs, and traffic impacts. She explained that the City Council's role was to determine the best land use, specifically whether the property should be rezoned to P-1, which could allow uses such as a park or other institutions. She believed P-1 uses were better than single-family zoning for the site. She reflected on her 30 years in Fayetteville, valuing diverse viewpoints and recognizing that these discussions were often contentious but necessary for the community's future. She emphasized the need to cautiously approach the decision, expressed openness to tabling the vote to allow more dialogue. She concluded by stressing respect for community voices, especially those asking to pause, and reiterated that everyone ultimately wanted the best outcome for children. Council Member Dr. Jones asked what the anticipated outcome was if the item was tabled. Council Member Turk proposed tabling the item to December 16th to allow adequate time to review all documents. She felt the City Council needed to get this right and that there had been a lot of great conversation and discussion. She didn't feel like it was appropriate to rush to a vote and tabling would allow for more review. She was very concerned about safety and the walkability of the area that had been discussed and promoted. She felt that due to the influx of information more time to review would be helpful. Council Member Dr. Jones then stated that 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 17 of 19 the conversation with the Fayetteville School District had been occurring for some time. He wondered what more Council Member Turk was hoping to find out. Council Member Stafford felt that tabling would be shutting down the conversation around the item until December 16th. He felt that if by December 16th no studies were received then it would be the appropriate time to table. He preferred to go through all 3 readings, as was standard procedure. He was in support of the item but thought the community and his fellow Council Members brought forth legitimate questions. He was against tabling the item. Council Member Turk responded in saying that there were really only 2 readings done on the item, as there was always a chance of suspending the rules and going to a third and final reading. She didn't think the geotechnical results would be available until around December 16th Council Member Berna felt like the City Council was showing respect to only one of the situations and not both. The Fayetteville School District had provided the City Council with exhaustive information and a lot of the information being requested was in the development review and not the rezoning. He didn't understand why it was proposed to continue the conversation in another two weeks when he thought the information given provided the best use of the property was. Council Member Turk moved to table the ordinance to the December 16, 2025 City Council meeting. Council Member Min. Jones seconded the motion. Upon roll call the motion failed 4-4. Council Member Moore, Bunch, Turk and Min. Jones voted yes. Council Member Stafford, Dr. Jones, Wiederkehr and Berna voted no. Mayor Molly Rawn declined to vote. This ordinance was left on the First Reading. 2026 Annual Budget & Work Program: A resolution to adopt the 2026 Annual Budget and Work Program. City Council had a S minute recess. Due to the heat in the City Council chambers, there were technical difficulties with the presentation. Council Member Moore made a motion to table the item until the next meeting. Dr. Jones seconded the motion. Council Member Berna invited his fellow Council Members to ask any budget questions in advance so that all concerns could be addressed prior to the presentation. Council Member Moore rescinded her motion. Keith Macedo, Chief of Staff noted that last year the budget operated in a $3,000,000.00 deficit and he was happy to report that the General Fund budget was balanced. He thanked Mayor Molly Rawn and Steven Dotson, Chief Financial Officer, for their work on the budget. He reported a lot of good economic growth and additional revenues in the following year. Council Member Wiederkehr then asked if there was anything new in Steven Dotson, Chief Financial Officer, presentation that the City Council had not seen before. Steven stated that there 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 18 of 19 was no new information being presented. Council Member Turk then asked if the PowerPoint presentation could be emailed to the City Council. Council Member Turk appreciated that the budget was balanced as last year she had been uncomfortable passing a deficit budget. She followed up asking if salary expenditures and increased were accounted for in the budget. Steven stated that that the city was in the midst of a compensation study so right now it was unknown as to what that would look like, but there was money budgeted for salary increases. Keith expanded stating that the raises in April of 2026 were budgeted for but the results from the compensation study would not be available till May/June of 2026. The compensation study would be presented to the City Council with an implementation plan as it may take several years to implement due to not being able to afford the increases. Council Member Moore stated she hadn't had time to review as the previous item had taken up her afternoon. She was still asking if the item could be tabled to the next meeting to allow for more review. Council Member Stafford verified the budget was balanced and stated he was ready to vote. Council Member Moore made a motion to table the item. Council Member Wiederkehr stated he was ready to vote on the budget as well. Mayor Molly Rawn asked if there was a second on Council Member Moore's motion. Council Member Min. Jones seconded. Council Member Moore clarified she was wanting to table the item to the next meeting. Council Member Moore moved to table the resolution to the December 2, 2025 City Council meeting. Council Member Min. Jones seconded the motion. Upon roll call the motion failed 4-4. Council Member Dr. Jones, Moore, Turk and Min. Jones voted yes. Council Member Stafford, Wiederkehr, Berna and Bunch voted no. Mayor Molly Rawn felt the questions surrounding the budget were valid. She noted that there was no public comment and felt confident her staff could answer the potential questions. She stated that just because the budget was passed did not mean her staff was going to stop responding or providing information. Mayor Molly Rawn declined to vote. Council Member Berna moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed 6-2. Council Member Stafford, Dr. Jones, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Moore and Min. Jones voted no. Resolution 268-25 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: None City Council Tour: Agenda Item C.6: RZN 2025-0048 N. Marks Mill Lane: Date: November 14, 2025 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 18, 2025 Page 19 of 19 Time: 1:30 PM Fayetteville Public Schools is hosting a tour of the proposed Ramay School site. The tour will start at the south end of North Marks Mill Lane, with parking along the cul-de-sac. Adiournment: 10:47 p.m. I - � - Pa. �.' - Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov