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HomeMy WebLinkAbout2025-11-04 - 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 4, 2025 City Council Meeting Minutes November 4tr', 2025 Page 1 of 30 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 4, 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 recognized Rusty Turner and his journalism class for attending the meeting. She then urged the City Council to end the meeting by 11:00 p.m. If the meeting was not over by that time, she would entertain a motion to adjourn until the following day as she wanted to be respectful of everyone's time. City Council Meeting Presentations, Reports, and Discussion Items: Steven Dotson, Chief Financial Officer provided a presentation on the August Sales Tax Report. The August 2025 Sales Tax Report showed strong growth in taxable sales, totaling approximately $305,000,000.00, an increase of nearly 7% or $20,000,000.00 compared to August 2024. This growth was primarily driven by the retail trade sector, which rose 6% year over year, contributing roughly $8,700,000.00. Gains were also seen in building materials up 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 2 of 30 11 %, general merchandising stores up 5%, and grocery and convenience up 21 %, or $2,300,000.00. Transportation and warehousing increased by $2,600,000.00, while accommodation and food services climbed 10%, adding $4,200,000.00. Overall, the city experienced a 7% rise in total taxable sales. In terms of tax collections, the city's one -penny sales tax grew by 6.8%, and the county's portion rose 8.1%, resulting in a combined increase of 7.4%, or $366,000.00, compared to August 2024. Year-to-date, combined city and county sales tax collections were up 5.7%, or $2,400,000.00. When compared to budget projections, the city's one -penny tax exceeded expectations by 3.4%, and the county portion was up 5%, leading to a combined monthly increase of 4.1 %, or $208,000.00. Through August, the city was ahead of budget by 2.6%, or approximately $1,100,000.00 in sales tax revenue. All previous sales tax reports remained accessible on the city's website under the Finance and Administration Department link. Council Member Bunch and Steven reviewed the grocery and convenience percentages. Council Member Turk asked Steven what his projections were for the end of year totals. Steven stated the key factor was sales tax. He did not have an estimate of the end of the year totals but felt that the tax numbers were encouraging. Council Member Turk asked to have the projected numbers at the upcoming budget workshop. Steven stated that sales tax numbers fluctuate but he would try to narrow it down. He added that the budget workshop would be moved to Room 219 as there was work being done on the air conditioning in Room 101. Council Member Bunch circled back to groceries increasing and wondered if it was due to new sales or groceries costs increasing. Steven said he would look into it. Steven Dotson, Chief Financial Officer presented on the September Monthly Financial Report. The September Monthly Financial Report reflected steady growth across several city funds. In the General Fund, property tax revenues were up 4% year-to-date compared to budget, while sales tax rose 3%. Franchise fees declined by about 2%, but building permits went up 41%, or approximately $900,000.00, a trend that had been consistently rising, attributed in part to the efforts of Jonathan Curth, Development Services Director, and his team. Turnback revenue increased 3%, or roughly $28,000.00. Overall, the General Fund was up 3.5% through September, totaling about $1,900,000.00 above budget. The Street Fund remained flat, with a modest gain of $14,000.00, and the Parking Fund also held steady, up around $5,600.00. The Parks Development Fund rose 3.5% year-to-date, driven mainly by a $70,000.00 increase in Hotel Motel Restaurant tax collections. The Water and Sewer Fund grew by 1.6%, or about $780,000.00, largely due to a 2% increase in charges for services. The newly established Stormwater Management Fund, in its second month of billing, generated approximately $346,000.00 in revenue. Recycling and Trash was up 1.7%, or about $73,000.00, led by a 13% increase in franchise fees and a slight rise in service charges. Lastly, the Airport Fund, fueled primarily by fuel sales, increased by 0.6%, or roughly $13,000.00, and flight operations rose by 9%, with about 1,702 more operations recorded for the year. Council Member Moore questioned when the city would see payback for the loan for Stormwater operations. Steven stated that it would be covered during the budget workshop on the upcoming Thursday. He added that he would be happy to meet with any Council Members that were unable to attend the budget workshop one on one and that the workshop would be recorded. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 3 of 30 Agenda Additions: Mayor Molly Rawn stated there was a proposed walk-on item by Council Member Dr. Jones. Her and City Attorney Kit Williams discussed the order of procedure for adding a walk-on to the agenda. Council Member Moore moved to suspend the rules and add agenda item 2025-2348 to the agenda. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams stated that normally when a walk-on was added, he would read the resolution to inform the public. Council Member Bunch then asked if there was a copy of the resolution for the City Council. There was no copy provided. Council Member Moore suggested a motion to postpone the walk-on to be heard as the first item in New Business to allow for a paper or electronic copy to be provided. Council Member Moore moved to move the agenda addition to the beginning of New Business. Council Member Min. Jones seconded the motion. Upon roll call the motion passed unanimously. The agenda item 2025-2348 was moved to be heard as the first item of New Business. Consent: Mayor Molly Rawn stated item A. 4 would need to be pulled from the Consent Agenda. City Attorney Kit Williams explained that when Ross Jackson, Fleet Superintendent, submitted the item he was relying on information that indicated Bergkamp Inc was who the city would have to purchase the truck from. After the agenda was published he found out that the purchase was to be made from Houston Freightliner Inc. or else it would cost the city an additional $5,000.00. The resolution would need to be pulled from Consent to be changed. Mayor Molly Rawn removed the item from the Consent Agenda. Approval of the October 7, 2025 City Council Meeting Minutes. Approved. Approval of the October 21, 2025 City Council Meeting Minutes. Approved. RJN Group, Inc. (Amendment No. 1): A resolution to approve amendment #1 to the engineering services agreement with RJN Group, Inc. in the amount of $814,113.00 for waterline condition assessments, and to approve a contingency in the amount of $120,000. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 4 of 30 Resolution 242-25 as recorded in the office of the City Clerk Transportation Asphalt Patch Truck Replacement: A resolution to approve the purchase of an FP5 Asphalt Pothole Patch truck from Bergkamp Inc. pursuant to a HGAC Cooperative Purchasing Contract, in the amount of $276,449.00, plus any applicable surcharges, freight or delivery fees up to 10% of the original purchase price. Removed from Consent. Walker Senior Center Generator and Automatic Transfer Switch Purchase that will Support the Meals -On -Wheels and Senior Nutrition Programs: A resolution to approve the purchase of a generator and automatic transfer switch from Nixon Power Services, pursuant to a Sourcewell Cooperative Purchasing Contract, in the amount of $59,718.17, plus any additional tariff charges up to 10% of the original purchase price for the Fayetteville Senior Center's Meal -on -Wheels and Senior Nutrition Programs. Resolution 243-25 as recorded in the office of'the City Clerk Approval of On -Call Electrical Contract with King Electric: A resolution to award Bid #25-49 and authorize a contract with Austin King, Inc. d/b/a King Electric to provide on -call electrical services for one year with automatic renewals for up to four additional one year terms. Resolution 244-25 as recorded in the office of the City Clerk Approve an Agreement with Fresh Start Junk Removal LLC: A resolution to approve an agreement with Fresh Start Junk Removal 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 245-25 as recorded in the office of the City Clerk 2025 Boston Mountain Recycling Grant: A resolution to authorize acceptance of a 2025 Boston Mountain Recycling Grant in the amount of $10,000.00 for purchasing compost collection containers, and to approve a budget adjustment. Resolution 246-25 as recorded in the office of the City Clerk FPD Fueling Station Site Plan Design: A resolution to approve a professional engineering services agreement with Olsson Engineering, pursuant to RFQ #25-01 selection #14, in the amount of $24,350.00, plus a 15% contingency for the site plan design of an on -site fueling station and canopy at the Fayetteville Police Department Headquarters, and to approve a budget adjustment. Resolution 247-25 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 4tr', 2025 Page 5 of 30 FY2026 STEP Grant Award: A resolution to authorize acceptance of a 2026 Selective Traffic Enforcement Project Grant Award in the amount of $40,000.00, and to approve a budget adjustment. Resolution 248-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Transportation Asphalt Patch Truck Replacement: A resolution to approve the purchase of an FP5 Asphalt Pothole Patch truck from Bergkamp Inc. pursuant to a HGAC Cooperative Purchasing Contract, in the amount of $276,449.00, plus any applicable surcharges, freight or delivery fees up to 10% of the original purchase price. City Attorney Kit Williams stated Blake Pennington, Senior Assistant City Attorney, had sent a memo to Mayor Molly Rawn, City Clerk Treasurer Kara Paxton and the City Council about the item on October 27th. The edit was to change the entity of whom the city was purchasing the truck from to Houston Freightliner Inc. Council Member Berna moved to accept the purchase. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. Resolution 249-25 as recorded in the office of the City Clerk Unfinished Business: 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. For item history from September 16, 2025 through October 7, 2025, please contact the Office of the City Clerk Treasurer. At the October 21, 2025 City Council meeting, this ordinance was left on the first reading and tabled to the November 4, 2025 City Council meeting. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented on the item. An update had been made to the rezoning request discussed during the agenda session, and a new ordinance was attached to outline the details. The property was located in Northwest Fayetteville, at the north end of Raven Lane, southwest of Underwood Park, with Clabber Creek running along the northern edge. The proposed amendment aimed to reduce the size of the area under consideration for a Planned Commercial Development change. Originally, the request included both the parcel north of the Crystal Springs Phase Four subdivision and part of the Underwood Planned Zoning District property. The revised proposal limited the rezoning to only the Residential Single 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 6 of 30 Family-4 parcel north of Crystal Springs Phase Four, excluding the northeastern corner from the new Planned Commercial District and leaving it under existing Underwood Park Planned Zoning District entitlements. The site plan submitted by the applicant reflected this change. Staff recommended approval of the request, and when the Planning Commission reviewed the broader proposal, they voted 6-0-1 in favor, citing compatibility with the predominantly single-family residential nature of the area and the inclusion of green space adjacent to the Clabber Creek floodplain. Andrew Meltzer, applicant presented on the item. The proposed amended development included approximately 276 single-family cottage style units, designed to eliminate shared walls and foster a stronger sense of community. He emphasized the neighborhood would function similarly to an apartment complex, with all maintenance handled by a single owner, but would offer a more appealing living experience. The site plan incorporated public street connections in compliance with Fayetteville's Master Street Plan, and highlighted integration with Underwood Park through trail and sidewalk access. He referenced the city's 2025 housing assessment and the Walton Family Foundation's housing study to demonstrate how the project aligned with local goals for housing diversity, infill development, and increased density. The development aimed to address the city's housing shortage by offering a unique rental option that filled the gap between traditional single-family homes and apartment complexes. He felt the project supported the city's housing priorities and was available for questions. Council Member Min. Jones and Andrew spoke on the proposed street improvements. Andrew stated improvements to Dean Solomon were included in the project. It was not included in the site plan due to it being off site but they were granted an access easement to build the road. Jonathan then clarified the typical street requirement, which had a minimum of a 20ft width. Council Member Dr. Jones and Andrew discussed the quantity and square footage of the builds. They would be building 276 units that would have an average of 1,100 square feet with an option of I — 4 bedrooms. Council Member Moore and Andrew then discussed the design of the variety of homes. Andrew stated that there were 11 floodplans and they were very intentional on the placement of the homes. Council Member Moore then questioned the land preservation on the site. Andrew stated they were not requesting any deviations from the Fayetteville tree preservation ordinance; they would meet all of the public and private landscape requirements, which was consistent with every development their company had done. He acknowledged trees would be removed but they would be replaced once the build was completed. Council Member Moore stated there was a lot of concrete in the design and questioned if changes could be made. Andrew stated that once construction began, they would have the flexibility to retain trees that were initially approved for removal. The site plan revealed wetland areas located in the central portion of the property, which limited layout options and created tight conditions. They remained sensitive to tree preservation but also to maintain their unit count. If the unit count started to get too low the project would become unsustainable. Council Member Min. Jones and Jonathan discussed a potential traffic study on the area to create safety measures. Jonathan stated that the minimum street standards required traffic studies to be submitted with a development proposal and the project was only in the zoning stage. Council 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 7 of 30 Member Min. Jones followed up wanting to know how the school district would be effected. At this time, no feedback had been received from the school district. Andrew stated a traffic study had been done and it called for no improvements to the roads due to the projected low traffic impact. They had also spoken with the Fayetteville Superintendent who had expressed no concern for the project. Council Member Turk and Andrew spoke on the age demographics of the company's other properties. Andrew stated they appeal to retirees, young professionals and 35 — 50 year olds. He stated they actively avoid the college renters. Council Member Berna asked if a motion needed to be made to accept the amendment. City Attorney Kit Williams clarified a motion needed to be made to amend to the specified document. Council Member Berna moved to amend to match attachments titled #15. Additional Information — Updated PZD Letter & Booklet, 16. Additional Information — Revised Ordinance. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. The City Council received 2 public comments regarding this ordinance. Council Member Min. Jones and Jonathan discussed the private streets in the neighborhood and the potential damage city vehicles may do to them. Council Member Moore echoed Council Member Min. Jones concerns. Andrew stated they were highly incentivized to maintain the streets and the cost of the maintenance was a part of their upkeep budget. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6923 as Recorded in the office of the City Clerk RZN 2025-0033 East Rockwood Trail (Appeal of Planning Commission Denial): An ordinance to rezone the property described in Rezoning Petition RZN 2025-33 for approximately 0.33 acres located at 922 East Rockwood Trail in Ward 3 from RSF-4, Residential Single -Family, 4 Units Per Acre to NC, Neighborhood Conservation. At the October 21, 2025 City Council meeting, this ordinance was tabled immediately by the City Council and did not go through any readings. Mayor Molly Rawn clarified that while this was an appeal, a yes vote was voting in favor of the rezoning and a no was voting against the rezoning. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented on the item. The request was a property in East Fayetteville, located approximately 900 feet uphill from the intersection of Mission Boulevard and Rockwood Trail. The site included about one-third of an acre at the northwest corner of Rockwood Trail and Jackson Drive and was developed with a single-family 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 8 of 30 home accessing directly onto Rockwood Trail. The property was entirely within the city's Hillside Hilltop Overlay District and was zoned Residential Single Family — 4 Units Per Acre, which permitted single family dwellings. The request wanted to rezone the property to Neighborhood Conservation. Staff found the request largely compatible from a land use standpoint but expressed concerns about its alignment with long range plans. Staff felt the context, characterized by low -density development, steep slopes, and large homes set back from the street, did not support increased density or the Neighborhood Conservation district's requirement for homes to be built close to the street. The rezoning would also reduce tree preservation requirements from 30% to 25% due to overlay district adjustments. While sewer capacity issues existed downhill, staff determined they were not significant given the property's size. Overhead power lines along the frontage posed constraints on building placement due to federal standards to allow access to them. Public comments raised issues about changes to the area's character and tree canopy, and accident data from 2020 to 2024 revealed one injury accident near the site, with most incidents occurring downhill. Staff recommended denial of the rezoning request, and the Planning Commission had previously denied it as well. The appeal was brought before the City Council, with some Planning Commissioners supporting the request for added density, while others opposed it due to concerns about introducing an urban form inconsistent with the established neighborhood pattern. He was available for questions as well as the applicant. Council Member Min. Jones and Mayor Molly Rawn reviewed what voting yes or no meant for the item. The City Council received 1 public comment regarding this ordinance. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance failed unanimously. This ordinance failed. Council Member Min. Jones moved to reconsider RZN-2025-0027 at West Mount Comfort Road and North Gooseberry Ln. She reminded the City Council that reconsidering would take them to the point before the October 21, 2025 vote, which was a split zone between Residential Single Family-18 Units Per Acre and Neighborhood Services General. Mayor Molly Rawn and City Attorney Kit Williams discussed order and procedure for motions to reconsider. Council Member Turk seconded Council Member Jones motion. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 9 of 30 Council Member Min. Jones moved to reconsider the final vote for RZN-2025-0027 West Mount Comfort Road — Final vote was previously taken on the 10/21/2025 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Reconsideration: RZN 2025-27 West Mount Comfort Road (Appeal of Planning Commission Denial): 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 and RSF-18, Residential Single Family, 18 Units Per Acre. At the September 16, 2025 City Council meeting, this ordinance was left on the first reading. At the October 7, 2025 City Council meeting, this ordinance was amended and left on the second reading. At the October 21, 2025 City Council meeting, this ordinance failed. City Attorney Kit Williams stated all the comments that were heard and made were still relevant as the item was at the moment before the previous denial vote. The City Council could go to an immediate vote or decide to take public comment. Council Member Min. Jones moved to remove the bill of assurance that was attached. Council Member Turk seconded the motion. Mayor Molly Rawn clarified that Council Member Min. Jones intent was to remove the current bill of assurance and replace it with a new one. It was confirmed that only one motion could be made to remove and replace the bill of assurance. Council Member Min. Jones moved to replace the bill of assurance. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Berna moved to table for two weeks to allow neighbors to be informed. Council Member Stafford stated there was a neighbor in attendance. The motion was withdrawn. Council Member Stafford moved to go to an immediate vote. Council Member Min. Jones seconded the motion. There was a brief discussion on what was allowed after an immediate vote. Mayor Molly Rawn verified that with an immediate vote no comments were allowed. Council Member Stafford moved to immediately vote. Council Member Min. Jones seconded the motion. Upon roll call the motion passed 7-1. Council Member Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr, Berna and Bunch voted yes. Council Member Turk voted no. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6924 as Recorded in the office of the City Clerk New Business: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 10 of 30 Agenda Addition: City Council's Request to Governor Sanders: A resolution to express the City Council's request to Governor Sanders to provide food to needy Arkansans since the federal Supplemental Nutrition Assistance Program has lapsed. City Attorney Kit Williams read the resolution. Council Member Dr. Jones thanked Mayor Molly Rawn and co-sponsors Council Member Moore, Min. Jones and Stafford. He stated there had been numerous changes regarding Supplemental Nutrition Assistance Program funding and looked to City Attorney Kit Williams for recommended changes. City Attorney Kit Williams stated they would need to acknowledge that the Governor of Arkansas had applied money to food banks around the state and that the federal government might fund around 50% of the Supplemental Nutrition Assistance Program. Council Member Moore thanked Council Member Dr. Jones for bringing the item forward. She was open to making a slight alteration to acknowledge there was money given for food banks. She had heard from local families that were struggling and emphasized that 1 out of every 8 American families were using the Supplemental Nutrition Assistance Program, which could make it difficult for food banks to support. Her preference was to add that half a million dollars was allocated to local food banks and to add a Section 3 for the letter to be sent from the City Clerk Treasurers' Office to the Office of the Arkansas Governor. Mayor Molly Rawn asked if there was a motion to add a whereas clause acknowledging the monies distributed to food banks. Council Member Dr. Jones motioned to add the clause. City Attorney Kit Williams had already drafted an example of the clause. Mayor Molly Rawn and City Council agreed that the Office of the City Clerk Treasurer would distribute the letter to the Governor of Arkansas, therefore there was no need to add a Section 3. Council Member Moore moved to amend to add an additional whereas clause recognizing the $500,000.00 in funding for Arkansas food banks. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. Council Member Min. Jones wanted to clarify what $500,000.00 divided over the six food banks within Arkansas looked like. The 110 food banks across Arkansas would then receive around $754.00 each. She shared her professional experience with food pantries and how $754.00 worth of food would last about half a day. Council Member Dr. Jones, City Attorney Kit Williams and Mayor Molly Rawn discussed who would write the letter. Mayor Molly Rawn stated she supported the resolution and would be happy to send correspondence under separate cover that would reiterate that. Council Member Stafford moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 250-25 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 4tr', 2025 Page 11 of 30 Recycling and Trash Division Acceptance of an In -Kind Technical Assistance Grant from the Recycling Partnership: A resolution to authorize Mayor Rawn to sign a Recycling Partnership Grant Agreement and accept an In -Kind Technical Assistance Grant in the amount of 75,000.00. Peter Nierengarten, Environmental Director combined this item and the next in his presentation, understanding that there would be two separate votes. The first grant was a technical assistance grant that did not include cash but provided technical assistance for developing a request for proposals to select a processor for mixed recyclables. It also offered help in evaluating submissions and negotiating contracts with the chosen vendor. The second grant was a cash grant that funded three key components of the recycling program: 1,200,000.00 was for purchasing 28,000 recycling carts in three sizes, covering approximately 90% of the total cost; $280,000.00 supported the development and launch of an educational campaign about the new program; and $160,000.00 was designated for anti -contamination cameras and software to be installed on six new recycling trucks. These grants aligned with the City Council's previous support, expressed through three votes during the summer, which approved the purchase of new trucks, ordinance amendments to fund the program, and a rate study to implement the program. The Recycling Partnership, a national nonprofit founded in 2014, had contributed to over 3,500 recycling programs across the United States, diverted more than 1 billion pounds of recyclables from landfills, and helped prevent over 1,400,000 tons of carbon dioxide emissions. He was available for questions. Council Member Turk and Peter discussed what The Recycling Partnership program was and the services they provided. They had advised and consulted with local cities about their recycling program. She then asked if any issues had been addressed to reduce the 43% contamination rate for recyclables. Peter stated they were working to implement a three part strategy to reduce contamination; education, anti -contamination software and the recyclables would go to a recycling processor that implemented a mix of both people and machinery to help sort the contaminants from the recyclables. The assistance being offered was unique to the City of Fayetteville as support given to the other cities was to improve their recycling programs and bring down their contamination rates. The grant had an in -kind match requirement of 125,000.00 and was already budgeted in Trash and Recycling's education budget. They then discussed how regular analysis would be done of the material being processed to monitor the contamination rate as well as the percentage of all different materials being processed. The city would still be collecting the materials and then delivering them to the processor. The request for purchase would be to select the processor of said materials. Council Member Stafford moved immediately to go to a vote. Mayor Molly Rawn clarified that when an item went immediately to a vote it would surpass public comment. Council Member Stafford moved immediately to go to a vote. Council Member Dr. Jones seconded the motion. Upon roll call the motion failed 4-4. Council Member Stafford, Dr. Jones, Wiederkehr and Berna voted yes. Council Member Min. Jones, Moore, Bunch and Turk voted no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 12 of 30 Council Member Moore moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 251-25 as recorded in the office of the City Clerk Approval of Grant Agreement with The Recycling Partnership for Recycling Cart Rollout Program: A resolution to authorize acceptance of a grant from The Recycling Partnership in the amount of $1,648,000.00 to acquire and distribute recycling carts for the conversion to a cart - based recycling program, and to approve a budget adjustment. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed unanimously. Resolution 252-25 as recorded in the office of the City Clerk Approval of an MOU with Washington County to Accept Funding: A resolution to approve a Memorandum of Understanding with Washington County to accept funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $123,730.00 for the Police Department, and to approve a budget adjustment. Council Member Dr. Jones moved immediately to go to a vote. Council Member Stafford seconded the motion. Upon roll call the motion failed 5-3. Council Member Stafford, Dr. Jones, Wiederkehr, Berna and Bunch voted yes. Council Member Min. Jones, Moore and Turk voted no. Mayor Molly Rawn abstained from the vote. Council Member Min. Jones and Police Chief Mike Reynolds discussed what the grant would be agreeing to and what the return on investment was. Police Chief Mike Reynolds stated that the focus had been looking for the amount of drug trafficking organizations that the City of Fayetteville had interrupted. A drug trafficking organization was defined as complex groups with structured command systems involving five or more co-conspirators who produced, transported, and distributed large quantities of illicit drugs. The police force had seized approximately 18 pounds of methamphetamine, arrested seven individuals, and removed seven firearms from the streets in just a few weeks. Over the course of the year, the police force handled 414 cases, resulting in 202 arrests and the disruption of 20 drug trafficking organizations. These efforts led to the seizure of 77.5 pounds of methamphetamine, 2.5 pounds of cocaine, 1 pound of fentanyl powder, 299 fentanyl pills, and 70 firearms. The results demonstrated a clear return on investment. They then discussed which agencies made up the Fourth Judicial District Drug Task Force. Council Member Moore commented that Fayetteville embraced diversity of thought and encouraged differing viewpoints within the City Council. Many families and individuals had confided personal stories about the impact the Fourth Judicial Drug Task Force had on their lives, noting that 90% of people in the Washington County Detention Center had reported seeking addiction -related services that were unavailable. She stated that drug trafficking 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 13 of 30 organizations, defined as groups of five or more individuals, were often targeted, but in a city where 60% of residents rented and wages were declining, many people lived in crowded conditions. This meant that if one person engaged in drug activity, entire households, including children, suffered the consequences of enforcement actions. She encouraged self -reflection on the policies and where time and money were being invested. She made a motion to approve the resolution but would not be voting in favor. Council Member Stafford commented that he supported the drug task force. He shared how drug use had affected his family and was supportive of anything that could lessen the epidemic of drug abuse. Council Member Berna commented that in his line of work, he was affected by drug abuse almost on a weekly basis. He stated that families that have to deal with the aftermath of drugs on the street would be in support of this resolution. He would be supporting this resolution as well. Council Member Min. Jones agreed with the resolution. She resented that there was no Northwest Arkansas Crisis Stabilization Unit. She felt putting individuals in jail wouldn't solve drug abuse and that Washington County and Fayetteville had to address drug abuse differently as the criminal system was working just the way it was designed to. Council Member Moore moved to approve the resolution. Council Member Wiederkehr seconded the motion. Upon roll call the resolution passed 7-1. Council Member Min. Jones, Stafford, Dr. Jones, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Moore voted no. Resolution 253-25 as recorded in the office of the City Clerk Enact Article XXXIV Food Commission: An ordinance to enact Article XXXIV Food Commission into the Fayetteville Code. City Attorney Kit Williams read the ordinance. Council Member Min. Jones presented on the item. She thanked her co-sponsor, Council Member Dr. Jones and City Attorney Kit Williams. She addressed the impact of recent Supplemental Nutrition Assistance Program disruptions in Arkansas, noting that approximately 222,000 residents had been affected. What was once a potential disruption had become a reality, not only due to a government shutdown but also because of new work requirements. An estimated 25,000 individuals lost SNAP benefits solely due to these changes, which mandated that recipients aged 65 and under, as well as those with children aged 14 to 18, work at least 20 hours per month. Additionally, Supplemental Nutrition Assistance Program -Ed, a program that provided nutrition and physical activity education at community sites, schools, and food pantries, was cut nationwide in July. She urged the proposed commission to collaborate with city departments, nonprofits, community partners, and individuals with lived experience of food insecurity to develop well -researched policy recommendations for the City Council. The proposed commission would focus on expanding access to healthier food options, education, and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 14 of 30 resource sharing, through partnerships with farmers and local communities. Transportation remained a major barrier to food access, especially for homebound individuals or those without reliable vehicles. To address this, some food pantries were offering bus passes to help residents reach food distribution sites. The Northwest Arkansas Food Bank provided only one monthly delivery in Fayetteville, specifically to Cross Church, with the next scheduled for November 21. Some pantries also received support from The Emergency Food Assistance Program, which served clients earning 30% or less of the federal poverty level. She asked for the City Council's support to move forward with the item. Council Member Dr. Jones echoed similar sentiments as Council Member Min. Jones. The ordinance was inspired by a commission in the City of Little Rock that had done great work with the community. He felt it was important for City Council members to understand hunger and the impact it had on constituents. He appreciated Council Member Min. Jones for the work she did on a daily basis and for bringing the item forward. The City Council received 2 public comments regarding this ordinance. Council Member Min. Jones proposed an amendment to add that the commission was to be selected by the Nominating Committee and that it would exist of 8 members, to include one city employee. City Attorney Kit Williams added that one member would be of the City Council. Council Member Bema clarified if the Nominating Committee would be nominating the positions. Council Member Min. Jones stated a Fayetteville organization would serve on the Nominating Committee to assist with nominations. Council Member Min. Jones moved to amend that the membership of the commission will be made up by one staff person & one Council Member selected by the Mayor. The other six individuals would be selected by the Nominating Committee. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Council Member Stafford 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 Dr. Jones felt there would be a great opportunity for the commission and the Board of Health to work together. He thought it would greatly benefit the residents of Fayetteville. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6925 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 4tr', 2025 Page 15 of 30 E-Scooter Crosswalk Ordinance Amendment: An ordinance to align the City's e-scooter regulations with state law and the City's bicycle regulations by amending § 75.02 Operation of Electric Motorized Scooters. City Attorney Kit Williams read the ordinance. Dane Eifling, Mobility Coordinator stated the item had gone through the Active Transportation Advisory Committee as well as the Transportation Committee. The item was unanimously recommended to go to the City Council for approval. Council Member Bunch and Dane discussed how the public was educated on the new regulations. For scooters that fell under Dane's purview, there was communication via the app and geo fencing capabilities. Slow zones could be enacted in areas that were high conflict or dangerous. Privately owned scooters would have a lot less regulations and control but the ordinances applied to both. Council Member Moore followed up wondering how motorists could be helped in regard to scooter safety. Dane stated that crash data and polices reports were reviewed at the Active Transportation Advisory Committee and they look for possible changes from an engineering or communication standpoint. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6926 as Recorded in the office of the City Clerk Approval of an Ordinance for Low Frequency Fire Alarm Notifications: An ordinance to require low frequency fire alarm notification appliances to be installed in each sleeping unit of group R- 1 and R-2 occupancies by amending § 173.02 (C) Amendments, Additions, and Deletions to the Fire Prevention Code. City Attorney Kit Williams read the ordinance. Jeremy Ashley, Fire Department Battalion Chief presented on the item. The request was to require low -frequency fire alarm notification appliances to be installed in each sleeping unit of Group R1 and R2 buildings, including hotels, motels, apartment complexes, and college housing. Although the Arkansas Fire Prevention Code and NFPA 72 mandated that alarms reach a 75- decibel level at pillow height, repeated testing over the years showed that this was not consistently met. Since 2019, required alarms were to be placed directly in bedrooms, even though the code did not explicitly specify that location. The request was not for a new requirement, but rather for codifying an existing requirement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 16 of 30 Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6927 as Recorded in the office of the City Clerk Approval of an Ordinance for Hydrant Proximity: An ordinance to require Fire Department connections to be within 100 feet of a fire hydrant by amending § 173.02 (c) Amendments, Additions, and Deletions to the Fire Prevention Code. City Attorney Kit Williams read the ordinance. Jeremy Ashley, Fire Department Battalion Chief presented on the item. The request required Fire Department connections for sprinkler and standpipe systems to be located within 100 feet of the nearest fire hydrant connected to an approved water supply, unless otherwise approved by the fire code official. The 100-foot requirement had been part of the code but was removed in the 2021 update, leaving the distance to the discretion of the fire code official. The Fire Department had maintained the 100-foot standard and wanted to re -codify the requirement. Council Member Moore asked what the typical life span was for fire connections. Jeremy stated they were tested every year and then every 5 years they undergo a pressure test at a higher rate. Council Member Berna and Jeremy discussed what the ordinance would do. The ordinance was aimed to let everyone know that the 100-feet standard was from a tactical standpoint and they wanted to standardize the requirement. 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 unanimously. City Attorney Kit Williams read the ordinance. Keith Macedo, Chief of Staff commented in response to Council Member Moore. He stated that a contractor recently did maintenance on the fire hydrants and the Fire Department went out and did a complete inventory and identified which hydrants needed to be repainted. Mayor Molly Rawn then stated that in the proposed 2026 budget there was an item line to paint all the hydrants. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6928 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 4tr', 2025 Page 17 of 30 Architectural Contract for Aquatic Center Design with Crafton Tull & Associates, Inc.: A resolution to award RFQ #25-07, and authorize a Professional Architectural Contract with Crafton Tull & Associates, Inc. in the total amount of $232,524.00 for design of an Aquatic Facility, and to approve a budget adjustment. Waylon Abernathy, Bond Projects and Construction Director presented on the item. The initial phase, as discussed during the Agenda Session, focused on evaluating and refining the original feasibility study in collaboration with city administration staff and stakeholder groups. The program and designs from the initial study served as a foundation for new consultants to reference and build on. Preliminary designs would be developed based on stakeholder input, offering multiple building and site layout options for the city's consideration, including the potential for soccer fields. Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs, was available to provide additional information regarding future soccer field plans if needed. The team would conduct several public input sessions to gather community feedback and proceed to develop conceptual designs and cost estimates for off-street infrastructure improvements, such as roadways, water, sanitary sewer, and stormwater systems. This phase would allow for exploration of how the project could enhance stormwater management in the area, with Chris Brown, Public Works Director, available to address related questions. Lead facilitation was provided to support the city's sustainability goals, and a conceptual facility business plan was created to outline projected operational costs and evaluate potential revenue - generating programs and facility components. The project scope and budget had not been clearly defined, so advancing the project enabled the city to establish realistic conceptual designs and cost projections. This would help determine which components could be funded with existing resources and which might need to be deferred to future phases. The process aimed to provide voters with transparent information about anticipated operating costs, how those costs would be supported, and potential revenue opportunities to offset ongoing expenses. Council Member Stafford asked if doing this study was the standard operating procedure for bond projects. Waylon stated it was and they hoped to bring the same contracts forward for the Animal Services and Fire facilities. The funds would be coming out of the Parks Development Hotel, Motel and Restaurant funds. Steven Dotson, Chief Financial Officer, stated the funds would be recoverable from the bond proceeds if the bond passed. Council Member Min. Jones and Waylon discussed why the funds were being spent on the study before the citizens had voted on the bond question. She felt this practice was not standard. Steven explained when going forward on a bond project, detailed information was necessary to provide to the voters and that the study was a part of that process. If a certain bond question did not pass, the information would be available to utilize going forward. Council Member Min. Jones then asked what happens when a part of the bond project was deferred. Waylon stated they look at the overall project and the work based on the budget. Steven elaborated that all bonds are not issued immediately but what they need to provide to the underwriters was a detailed schedule on the planning on when funds would be spent so they could then package and market the bonds. The construction manager would give the city the overall payment schedule for the project, which Steven would review and give to the bond council. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 18 of 30 Council Member Dr. Jones wanted to know what happened if the bond issue didn't pass. Waylon stated they would have deliverable, conceptual designs that could be used in the future if or when the aquatic center was approached again. Council Member Berna asked if the study would provide an accurate picture to voters. Waylon confirmed. Council Member Moore asked what the timeline was if they waited until the bond vote to decide on the item. Waylon stated it would accelerate the schedule and decrease escalations. Council Member Moore followed up with wondering if the city was firm on the final site location being Lewis Park as she had received a lot of feedback from residents that were not supportive of that location. Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs, stated the city was in discussions with the school district and what that partnership might look like. Lewis Park was chosen as a preferred site out of 12 based on a set of parameters; access of both vehicular and alternative transportation, vegetation, storm water and the ability to develop. Council Member Turk and Waylon reviewed the amount already spent on the feasibility study. She was hesitant to go forward and spend more money before hearing from the community on whether the aquatic center was something they wanted. The additional detailed report was not required by state/federal government or another entity. Mayor Molly Rawn reiterated that the funds were not coming out of the General Fund budget but the Parks Development Fund. The City Council received 6 public comments regarding this resolution. Keith Macedo, Chief of Staff stated that when the feasibility study was reviewed nearly 3,000 residents submitted comments expressing strong public support for an aquatic center. If approved, the project was expected to aid in designing the aquatic center in a way that supported cost recovery, aligning with Waylon's emphasis on presenting a financially sustainable plan to voters. Discussions had also taken place with the school district regarding a potential partnership, particularly around incorporating a competitive pool, that would assist with achieving cost recovery goals. Additionally, the Parks and Recreation staff recognized a pressing need for more athletic fields throughout the city, which was being actively addressed in the bond proposal. According to Alison, funding had been allocated within one of the bond questions to purchase additional field space, acknowledging the heavy usage of existing areas like Lewis Parks soccer fields. He went on to share his personal experience with the soccer fields, highlighting its longstanding role in the community over past years. If the bond passed, the city also planned to purchase additional land for field space. Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs stated that 3 lit fields would be added to Walker Park, which the fields at Lewis Park were unlit. The Park Acquisition Funds and the bond would be acquiring land and also adding new fields at Kessler Park. Council Member Stafford asked if the location for the aquatic center was set in stone or if other sites were being considered. Mayor Molly Rawn stated that the feasibility study recommended several locations that were then narrowed down again. The last few would be reviewed from the architectural contract with Crafton and Tull. A lot of the site selection would be dependent on the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 19 of 30 school district as part of the appeal of the Lewis Park site was the potential opportunities for cost share with the school district. In order for the school district to participate in the cost share, they wanted to know that they would get an indoor competition pool and that can't be done without architectural designs. Council Member Stafford followed up on asking Alison about the lost field space. Alison stated that currently there were two unlit fields in the long term master plan at Walker Park that would be repurposed. They are then building three fields on the south side of Walker Park that would be lit. As for Lewis Park, the idea was to keep some of the fields and have one full size field that would get broken down into six smaller fields depending on the age group. Council Member Stafford asked if more fields would be purchased so as to not create a field deficit. Alison stated in the bond question there was funding for land acquisition for fields. Council Member Min. Jones stated that based on the information provided about Walker and Lewis Park, it could possibly be a Title VI violation. Project areas where minorities would prosper by offering those types of fields needed to be protected. She requested staff to look at the census track data around the areas as the city was disproportionately impacting minority children. The city needed to re-evaluate how things were done and how they were impacting underserved and marginalized communities. Mayor Molly Rawn respectfully reminded Council Member Min. Jones that this was for Lewis Park and not Lewis Plaza. Council Member Dr. Jones requested the other sites under consideration for the aquatic center. Alison reviewed the 18 different sites. Keith stated the city did agree with the location of Lewis Park due to its proximity to the school district and trails. Council Member Dr. Jones was interested in knowing what the school district thought about the potential site. Mayor Molly Rawn stated she did not want to speak for the district or school board but to her understanding the conversations had been positive. Council Member Berna asked if there would be opportunities for scholarships for the children that could not afford to go to the pool regularly. Alison confirmed that yes, that was something offered at Wilson Park Pool and she did not see that changing. Council Member Turk stated that 10 years ago there was a big movement to save Lewis Park as it was going to be used for development. She disagreed with giving up the location that the community fought so hard to save and were overwhelmingly happy with. She also mentioned that she was fiscally conservative and did not like the idea of spending $232,000.00 when the city had already spent $150,000.00 on a feasibility study. She was not going to be able to support spending money ahead of what the voters decide. Council Member Wiederkehr stated that the Wilson Park Pool was aging and that almost no engineering firm wanted to touch it due to the significant maintenance. He felt it was problematic from the full quality of life for a city as large as Fayetteville to not have an aquatic facility. He was supportive of the item, not because it was perfect, but because a significant number of Fayetteville residents had said yes. Council Member Dr. Jones thanked Council Member Berna for addressing the scholarship opportunities. He agreed that it was not perfect but felt it was time to continue to move forward. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 20 of 30 Council Member Stafford stated he was glad the funds were coming from the Hotel Motel Restaurant taxes and not the General Fund. He felt it would be hypocritical if he didn't vote for the item as he would more than likely be voting for the Animal Services and Fire Department studies. He believed the aquatic center would be great for all citizens of Fayetteville of all income levels. He would be supporting the item and felt giving voters added information to make a more informed decision was important. Council Member Min. Jones and Alison discussed the current scholarship program. Council Member Min. Jones then asked if Crafton and Tull would only be looking at Lewis Park as the site location. Alison stated that the study would see if Lewis Park was still the preferred site based on parameters and existing infrastructure. If Lewis Park was not the preferred site then the study would determine the available alternatives. Keith explained that the study would determine rates and charges for the aquatic center, balancing affordability and cost recovery. Council Member Bunch felt that many of the questions asked at the meeting would be answered with the study being voted on. The funding would allow for a more detailed look at what the city might be able to build and she felt it would give the best information to voters. She was in support of the item. Council Member Berna had received many emails in support of the aquatic center. He felt it was important to give citizens information so they could make an educated decision. He was in support of the resolution. Council Member Berna moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 5-3. Council Member Stafford, Dr. Jones, Wiederkehr, Berna and Bunch voted yes. Council Member Min. Jones, Moore and Turk voted no. Resolution 254-25 as recorded in the office of the City Clerk Aquatic Center Pre -Construction Contract: A resolution to award RFQ #25-08 and authorize a Construction Manager at Risk services contract with CDI Contractors, LLC in the amount of $39,999.00 for the pre -construction phase, and to approve a budget adjustment. Waylon Abernathy, Bond Projects and Construction Director presented on the item. The services provided in the pre -construction phase were to support design review during the conceptual design phase, providing a cost estimate of program elements and options, conduct value engineering to identify cost saving options and develop a project schedule to align with funding milestones. Council Member Stafford verified that the funds would be coming out of Hotel Motel Restaurant funds and that they would be recoverable through the bond. The City Council received one public comment regarding this resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 21 of 30 Council Member Stafford addressed a public comment received by resident Kyle Smith. Council Member Moore stated that her vote would be a consistent no. She shared some of the public comment she received in regard to potentially losing Wilson Park Pool and understood that Wilson Park was aging but felt is was beloved as Lewis Park fields. Additionally, she had a lot of hesitation on spending money up front as she thought the bond question had a high likelihood of not passing and felt the monies could be used within the community and parks. She was very appreciative of staff s work on the item and thought the firm chosen was top class. She emphasized her hesitation and would be voting no. Council Member Wiederkehr moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 5-3. Council Member Stafford, Dr. Jones, Wiederkehr, Berna and Bunch voted yes. Council Member Min. Jones, Moore and Turk voted no. Resolution 255-25 as recorded in the office of the City Clerk The City Council took a 7 minute recess. ADM 2025-0036 East Pump Station Road & South Dead Horse Mountain Road: An ordinance to approve ADM-2025-36 and amend the 2040 Master Street Plan to remove approximately 1 mile of planned neighborhood link street between East Pump Station Road and South Dead Horse Mountain Road in Ward 1. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the request to amend the Master Street Plan to remove a planned connection between Pump Station Road and Dead Horse Mountain Road. He explained the planned connection needed to be removed due to current master planning for Combs Park and the significant change in property ownership in the area. The property shown on the map presented reflected that the property was originally privately owned but was now owned by three different entities: the City of Fayetteville, Beaver Water District and the Watershed Conservation Resource Center. He also touched on the plans with the Regional Water Trail. The project focuses on the improvement of the west fork of the White River. Removing the planned connection from the Master Street Plan would allow plans to be made for an uninterrupted connection along the full stretch of the west fork of the White River. He finalized his comments by explaining staff s concerns with removing the planned connection since the connection would have been used to provide an alternative route. However, city staff still supported the approval of the item due to the Arkansas Department of Transportation possibly supporting the additional signalization on an existing connection onto Highway 16. He also expressed that city staff was hopeful that the trail crossing in the area could be overbuilt in the future to potentially bear the weight of smaller emergency vehicles. He also acknowledged the public comments that had been received, provided a summary of the comments, and stated the Planning Commission, as well as the Transportation Committee supported the removal of the planned connection. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 22 of 30 A brief discussion between Council Member Turk and Jonathan occurred regarding the zoning code of Conservation, Cultural and Recreation. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6929 as Recorded in the office of the City Clerk ADM 2025-0039 East Martin Luther King Jr Blvd & South College Ave: A resolution to approve the dedication of a reduced amount of right of way for a small site improvement plan of about 0.6 acres northwest of the intersection of South College Avenue and East Martin Luther King, Jr. Boulevard pursuant to § 166.04(B)(2) of the Unified Development Code. Jonathan Curth, Development Services Director gave a presentation and explained that city staff did not support the proposed 27 ft. right of way dedication requested by the applicant. Ultimately, he explained, the proposed development would create the need to increase the required right of way dedication to 33.5 ft. He went on to cite additional traffic issues like traffic accidents and congestion aligned with the need to require a 33.5 ft. right of way dedication. He finalized his comments by summarizing the public comments received as well as stated the fact that the Planning Commission recommended approval of the applicant's request. Zara Niederman, Owner of 3V Development explained his vision of a walkable mixed use neighborhood center that aimed to restore the character with small scale commercial space on the corner surrounded by town homes. He highlighted the evolution of transportation safety science over the last 20 years. He also referenced the City's minimum street standards that provide clear guidance that intersections should be as compact as possible to reduce pedestrian exposure while also slowing traffic near conflict points. Zara explained that the use of signal timing has become a much better way of managing traffic as opposed to widening the road. Council Member Minister Jones requested to clarify the location of the right of way dedication. Zara apologized for the conceptual idea visual aid within one of his slides. He explained that his request was to not give up additional right of way in the northwest corner for a potential future turn lane. Council Member Moore asked about the level of impact the decision regarding the right of way would have on the project. Zara identified it as having a very minor impact. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 23 of 30 Council Member Stafford asked for Chris Brown, Public Works Director, to provide an overview of the intersection. Chris Brown, Public Works Director, spoke about the importance of establishing right of ways as well as being able to complete future road improvements. This item received 1 public comment. Council Member Stafford explained that he did not feel that a left turn lane would be needed. Mayor Molly Rawn explained that Mr. Zara Niederman agreed to a slightly smaller right of way. Jonathan Curth verified that the standard right of way requested by the City of Fayetteville was 33.5 ft. and Mr. Niederman was proposing a 27.5 ft. right of way. Council Member Berna commented that traffic congestion was a regular occurrence in the area. He finalized his comments by stating he was leaning towards city staff s recommendation of requiring the standard 33.5 ft. Council Member Minister Jones requested Chris Brown describe the future development changes in the area. Chris Brown explained that the Martin Luther King Jr. and Huntsville corridor was an area that has been identified as a potential bond priority. He went on to explain that bond projects would be happening at the same time and would go through many steps before the city would know what the actual design would be. Council Member Minister Jones expressed her concerns about development and strongly encouraged that future planning be a priority. Chris Brown explained that based on the timeline, designs would be completed next year, and construction would begin about 18 months after that. Council Member Turk asked if the City Council chose to approve the standard right of way instead of what the applicant was requesting, then when would the left turn lane be installed. Chris Brown explained that if the reduction of right of way was approved, meaning the applicant's request was not approved, then it could cause city staff to acquire right of way on the other side of the road. He explained that there had been no decision made regarding the potential future design of the intersection. Council Member Stafford moved to table the resolution for two weeks. Council Member Dr. Jones seconded the motion. Upon roll call the motion failed 2-6. Council Members Stafford and Dr. Jones voted yes. Council Members Minister Jones, Moore, Wiederkehr, Berna, Bunch, and Turk voted no. Council Member Berna moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the motion passed 5-4. Council Members Minister Jones, Stafford, Dr. Jones, and Moore voted yes. Council Members Wiederkehr, Berna, Bunch, and Turk voted no. Mayor Rawn voted yes. Resolution 256-25 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 4tr', 2025 Page 24 of 30 VAC 2025-0022 West Elm Street & North Leverett Avenue: An ordinance to approve VAC-25- 22 for property located at West Elm Street and North Leverett Avenue in Ward 2 to vacate 0.15 acres of right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented on the item. The request was to vacate 0.15 acres of unbuilt existing public right of way that partially bisected the current property. Jonathan explained that city staff was in favor of the request and asked the council to consider an amendment to condition three. He went on to explain that it was the city's goal to have a public street in the area and by amending condition number three to accept an access easement as opposed to public right of way would open the options for the city to create a public street in the future. Council Member Turk and Jonathan had a brief discussion about the utilities in the area. Jonathan explained that the right of way vacation was contingent on the project being approved. Therefore, the franchise utilities have a role in approving and reviewing projects within the city. Caroline Gardner, applicant explained that the plan was to jog Elm Street as a traffic calming mechanism. She explained that the owner fully understood they would need to work with the franchise utilities. There was a brief discussion between Council Member Minister Jones and Jonathan about vehicle traffic. Jonathan clarified that the area would still be used by vehicles, however, the usage of corners within the design would create traffic calming as opposed to having a straight street connecting from Gregg Street to Leverett Avenue. Jonathan also explained that there were a lot of ways the developer would be able to ensure the future of safety of pedestrians by using simulated cobblestones/bricks, installing bollards, and landscaping that would make drivers more uncomfortable navigating, bringing trees in closer, as well as using different colors of concrete to signal that either the driver or pedestrian was approaching a unique space. There was a brief discussion between Council Member Moore and Jonathan. Jonathan gave the roundabouts located on Rupple Road as an example of a deviation in the road. He explained that as you approach the roundabout there is a S curve that forces the driver to slow down to enter the roundabout. Keith Macedo, Chief of Staff expressed his appreciation for Jonathan and Jonathan's team for thinking outside of the box about coming up with a solution for the unique situation. Jonathan Curth verified that Mr. Wiederkehr's understanding that the new right of way dedication would be obtained when the large-scale development was approved. Council Member Stafford moved to accept the proposed revised ordinance as presented by city staff. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 25 of 30 Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore echoed Chief of Staff Macedo's appreciation of city staff for creating an outside of the box solution that really focused on safety. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6930 as Recorded in the office of the City Clerk RZN 2025-0041 West Cleveland Street: An ordinance to rezone the property described in rezoning petition RZN 2025-41 for approximately 2.18 acres located at 1124 West Cleveland Street in Ward 4 from RSF-4, Residential Single -Family, Four Units Per Acre and P-1, Institutional to P-1, Institutional. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director explained that city staff had realized the school's current zoning was RSF-4, Residential Single -Family, 4 units per acre when the school district contacted the city to obtain construction permits for playground improvements. City staff recommended that the school district rezone the property to be consistent with how it has been used for several decades. He finalized his comments by explaining that the school district requested to rezone the property to P-1, Institutional and that city staff supported the request. There was a brief discussion between Council Member Turk and Jonathan. He explained that, in some instances, the city did not require applicants to use the exact survey of the exact property they were requesting to rezone. He went on to say the city had always tried to save the applicant time and money if possible. In this circumstance, it saved the school district thousands of dollars, as well as saved the district from experiencing any delay in requesting the rezone. Council Member Minister Jones moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6931 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 4tr', 2025 Page 26 of 30 RZN 2025-0045 South Willow Avenue: An ordinance to rezone the property described in rezoning petition RZN 2025-45 for approximately 0.70 acres located at 234 South Willow Avenue in Ward 1 from RSF-8, Residential Single -Family, 8 units per acre to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, explained that city staff and the Planning Commission recommended approval of the request to rezone the property to Residential Intermediate -Urban. Jonathan explained that the area had many different types of housing, as well as established non-residential uses. There was a brief discussion between Council Member Minister Jones and Jonathan. He explained how city staff calculate the infill score by determining the presence of water and sewer mains near the property. He finalized his comment by stating he did not have information pertaining to the sewer capacity issue nor information regarding storm water concerns mentioned by one of the neighbors. There was a brief discussion between Council Member Turk and Jonathan regarding the topography map, explaining that the slope of the area was roughly 15 — 18%. Jake Chavis, Odyssey Engineering representative, was available for questions. 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 Minister Jones, Stafford, Dr. Jones, Moore, Wiederkehr, Berna, and Bunch voted yes. Council Member Turk voted no. Ordinance 6932 as Recorded in the office of the City Clerk 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. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, presented the applicant's rezoning request to downzone portions of the floodway to Residential Agricultural and upzone the other squared off 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 27 of 30 portion of the property from Residential Agricultural to Residential Intermediate Urban. He explained that there was a bit of residential housing diversity in the area, however, city staff did not recommend approval of the request. City staff did not recommend approval due to the floodplain development on the property, request not constituting appropriate infill, as well as causing the tree preservation percentage to decrease. The Planning Commission recommended approval of the request. Several Planning Commissioners had cited the fact that the City of Fayetteville had more robust floodplain standards as opposed to other communities. Tracy Hoskins, applicant, gave a short presentation of his request. He would like to ask the council to table the request since he did not have all the information with him that he needed to finish the presentation. Council Member Stafford moved to table the ordinance for two weeks. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. This ordinance was left on the first reading and tabled for two weeks. RZN 2025-0040 South West Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025-40 for approximately 0.23 acres located at 1414 South West Avenue in Ward 1 from RMF-24, Residential Multi -Family, 24 Units Per Acre to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Developmental Services Director presented information regarding the applicant's request to rezone the property from Residential Multi-Family-24 to Residential Intermediate -Urban. The request was compatible with the surrounding area but staff had two primary concerns. One being that the tree canopy percentage would decrease if the request was approved. Also, there had been a downstream sewer capacity issue on site that had been identified. However, the city's utility department had not expressed any overriding concerns about potential development impacts the property could have. The Planning Commission and city staff recommended approval of the request. Drew Brink, applicant, explained he did not intend on demolishing the house on the property. He planned on remodeling the house to turn it into a starter home. Council Member Stafford spoke in favor of the item but was concerned with the alley development. Jonathan referenced the alley ordinance that was adopted by council earlier in 2025. Council Member Turk questioned the motive behind why the applicant requested to rezone to Residential Intermediate -Urban. Drew explained the reason behind his request to rezone the property was to utilize the five-foot setbacks in lieu of a 15 ft. combination of a setback and an access easement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 28 of 30 Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6933 as Recorded in the office of the City Clerk RZN 2025-0042 West Deane Street: An ordinance to rezone the property described in Rezoning Petition RZN 2025-42 for approximately 0.36 acres located at 2201 West Deane Street in Ward 2 from RMF-6, Residential Multi -Family, 6 Units Per Acre to RI-U, Residential Intermediate - Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the applicants request to rezone 0.36 acres to Residential Intermediate -Urban. The request was compatible with the surrounding area as well as consistent with the city's long-range plans. Staff identified one concern which was, upon approval, the tree preservation requirement would decrease to 15%. The Planning Commission and city staff supported the approval of the proposed rezone request. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk spoke about the grove of trees located on the property. She foreshadowed the removal of the trees and explained her reluctancy to support the item. At the end of her comment, she explained she would go ahead and support the item since the request was compatible. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6934 as Recorded in the office of the City Clerk RZN 2025-0044 North Lewis Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025-44 for approximately 0.52 acres located at 1229 North Lewis Avenue in Ward 2 from RSF-4, Residential Single -Family, 4 Units Per Acre to UN, Urban Neighborhood. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4tr', 2025 Page 29 of 30 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, presented the applicant's request to rezone to Urban Neighborhood. City staff found the request to be compatible with the surrounding area and city's long-range plans. The two issues that were identified with the request were the decrease in tree preservation percentage if the request was approved and the downstream sewer capacity issued identified in wet weather located on the property. The property had limited development potential and the city's utility department did not express any specific concerns. The Planning Commission and city staff recommended approval of the rezone request. 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk expressed her disbelief that the request was compatible with the area. She requested that the item be held on the first reading. She finalized her comments to council by requesting the other members of council to not support the item. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, and Bunch voted yes. Council Member Turk and Minister Jones voted no. Ordinance 6935 as Recorded in the office of the City Clerk Announcements: City Clerk Treasurer Kara Paxton announced that the final day to apply to serve on one of the City's board, committees, or commissions was at 5p.m. on Friday, November 14, 2025. City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 10:55 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 4t", 2025 Page 30 of 30 Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov