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HomeMy WebLinkAbout2025-12-02- Minutes City Council Meeting Minutes December 2, 2025 Page 1 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting December 2, 2025 A meeting of the Fayetteville City Council was held on December 2, 2025 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Rawn called the meeting to order. Present: Council Members Robert B. Stafford, D’Andre Jones DHA, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, 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. Absent: Council Member Minister Monique Jones. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Sales Tax & Monthly Financial Report – Chief Financial Officer Steven Dotson, Chief Financial Officer presented on the Sales Tax Report. In September 2025, taxable sales in the city totaled approximately $305 million, reflecting a 4.3% increase, or $12,500,000.00, compared to September 2024. This growth was driven primarily by the retail trade sector, which was up 5% year over year, representing an increase of $7,300,000.00. Within retail, building materials increased 11% and auto dealers rose 23%, contributing about $740,000.00. Transportation and warehousing added $2,600,000.00, while accommodation and Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Min. Monique Jones Ward 4 Position 2 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton Council Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D’Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 City Council Meeting Minutes December 2, 2025 Page 2 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov food services grew 4%, or roughly $1,500,000.00. Overall, taxable sales showed a 4.3% gain compared to the prior year. Tax collections also improved, with the city’s one penny tax up 4.2% and the county portion up 2.4%, or $53,000.00, resulting in a combined increase of 3.4%, or $173,000.00, compared to September of 2024. Year-to-date, combined city and county sales taxes rose 5.5%, or $2,600,000.00, while the general fund increased 3.2%, or $125,000.00, compared to September of 2024. Compared to budget, the city’s one penny tax was up 3.9%, or $114,000.00, and the county portion rose 1.83%, or $40,000.00, for a combined monthly increase of 3%. Year-to-date, sales tax collections exceeded budget by 2.7%, or $1,330,000.00. Steven Dotson, Chief Financial Officer presented on the Monthly Financial Report. In October 2025, the general fund showed property tax revenues down 6%, or $350,000.00, he predicted it to level off by the end of the year and end roughly flat. Sales tax revenues were up 3%, or $1,100,000.00, while franchise fees declined 7%. Alcoholic beverage fees rose 3%, building permit fees were up 43%, or $1,000,000.00, and court fees increased 10%, or $92,000.00. Charges for services fell 2%, or $57,000.00, but overall, the general fund was up 2% compared to budget, or $1,300,000.00. The street fund remained flat, up $33,000.00 for the year, while the parking fund rose 1%, or $18,000.00. Parks development revenues increased 2.2%, or $103,000.00, led by a 1% rise in Hotel Motel Restaurant fees. Water and sewer revenues grew 2.3%, or $1,200,000.00, driven by service charges. Stormwater management revenues held at $626,000.00, remaining on track for the year. He projected to be on target through 2025. Recycling and trash revenues rose 1.6%, or $245,000.00, supported by a 13% increase in franchise fees and a 1% rise in service charges. Finally, the airport fund reported gasoline sales up 4%, or $120,000.00, and flight operations up 6.9%, or 1,500 more flights than the prior year. Council Member Moore and Steven discussed the drivers for property taxes being down. Steven stated it was how the funds were flowing in from the county and what they had expected compared to the prior year. He expected the city to be roughly flat for the year. Housing and Community Services Update – Marlee Stark Chief Housing Officer Marlee Stark, Chief Housing Officer provided a housing and community services update. The first in a series of monthly presentations was delivered to provide ongoing updates about the local housing strategy. Their department, composed of nine staff members, included three case managers working in the permanent supportive housing program that supported 51 formerly homeless residents, and three project coordinators managing initiatives funded by federal block grants. The department, historically focused on community development and animal services, was in the process of reimagining its role to include a broader spectrum of housing services and resources aimed at promoting economic and social mobility. A new Facebook page was launched to expand communication beyond Ranger’s Pantry, allowing the team to share information about all services and highlight other community organizations. She highlighted the Housing Rehab and Repair Program, led by Laura Wilson the Community Resources Project Coordinator, who celebrated 20 years of service. Between 2021 and 2025, the program funded 78 projects across 33 homes, with 23 being repeat clients, indicating a clear need overtime, many of whom were elderly, disabled, or single parents. Additional community services included a redevelopment program that helped residents correct city code violations, and direct financial assistance City Council Meeting Minutes December 2, 2025 Page 3 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov programs for childcare and transportation. Since 2023, childcare assistance program provided 180 households and nearly 250 children, while transportation vouchers aided seniors and residents with disabilities, along with 20 residents receiving monthly transit vouchers through Ozark Regional Transit. She highlighted the work of Robert Bradley, Department of Housing and Community Services, who had coordinated food donations through a citywide food drive, adding a map of collection points and pantries to the city website, and prepared to work with the food commission in 2026. In 2025, $40,000.00 in community grants was awarded to four nonprofits supporting foster children, financial literacy, and no cost medical and dental care, with additional funds set aside for cold weather response. Applications for 2026 grants averaged $17,000.00 and were under review. She concluded with a preview of next month’s update, which would cover Department of Housing and Urban Development funding streams, federally required planning documents, integration of housing needs assessments, and peer city comparisons to identify lessons for core funding streams. Council Member Dr. Jones and Marlee discussed the process for an organization to apply for funding. Marlee explained that currently her team was in the process of reviewing applications for funding and by the middle of December they will take the applications to their advisory board. Once the board approved, the organizations would be included in the annual action plan, which was submitted to Department of Housing and Urban Development to get final approval to commit the funds. Agenda Additions: None Consent: Approval of the November 4, 2025 City Council Meeting Minutes. Approved. Approval of the November 18, 2025 City Council Meeting Minutes. Approved. Replacement Asphalt Paver for the Transportation Department through J.A. Riggs Tractor Co.: A resolution to approve the purchase of an asphalt paver from J.A. Riggs Tractor Co. in the amount of $582,984.00, pursuant to a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges, freight charges, and delivery fees. Resolution 269-25 as recorded in the office of the City Clerk Replacement Generator for Fleet Operations through Nixon Power Services: A resolution to approve the purchase of a Kohler generator and automatic transfer switch from Nixon Power Services in the amount of $79,295.00, pursuant to a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges, freight charges, and delivery fees. City Council Meeting Minutes December 2, 2025 Page 4 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 270-25 as recorded in the office of the City Clerk Replacement Bobcat UW56 for Parks Operations through Williams Tractor Inc.: A resolution to approve the purchase of a Bobcat Toolcat from Williams Tractor Inc. in the amount of $83,269.30, pursuant to a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges, freight charges, and delivery fees, and to approve a budget adjustment. Resolution 271-25 as recorded in the office of the City Clerk Replacement Work Trucks for Parks Operations and Water Sewer through Randall Ford Inc.: A resolution to approve the purchase of two work trucks from Randall Ford Inc. in the amount of $88,050.00, pursuant to Ordinance 6491, plus any applicable surcharges, freight charges, and delivery fees; and to approve a budget adjustment. Resolution 272-25 as recorded in the office of the City Clerk A Resolution to Approve Franchise Agreement Ozark Dumpster Service: A resolution to approve an agreement with Ozark Dumpster Service 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 273-25 as recorded in the office of the City Clerk Contract Amendment for Ozark Compost and Swap: A resolution to approve Amendment No. 2 to the contract with Ozark Compost and Swap, LLC in the amount of $15,000.00 for residential food waste curbside collection, and to approve a budget adjustment. Resolution 274-25 as recorded in the office of the City Clerk Approve Hauler Franchise Agreement: A resolution to approve an agreement with Republic Services 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 275-25 as recorded in the office of the City Clerk Approve Purchase of Recycling and Glass Carts: A resolution to approve the purchase of recycling and glass carts, and related products and services, from Rehrig Pacific Company in the amount of $17,630.24, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 276-25 as recorded in the office of the City Clerk Bid 25-50 Carl Holley Plumbing, Inc. (Construction): A resolution to award Bid #25-50 and authorize a contract with Carl Holley Plumbing, Inc. for installation of private service lines associated with the relocation of a water main along Ridgeway Drive and Crestwood Drive in the amount of $560,134.64 and to approve a budget adjustment. City Council Meeting Minutes December 2, 2025 Page 5 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 277-25 as recorded in the office of the City Clerk City of West Fork (Water Purchase Agreement): A resolution to approve a 15 year Water Purchase Agreement between the City of Fayetteville and the City of West Fork to allow the City of Fayetteville to furnish wholesale potable water to the City of West Fork and its residents. Resolution 278-25 as recorded in the office of the City Clerk Bid Waiver for FARO Technologies, Inc.: A resolution to waive competitive bidding and approve the purchase of 3D laser scanner hardware and software from FARO Technologies, Inc. in the total amount of $71,092.72. Resolution 279-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as presented. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Dr. Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Min. Jones was absent. Unfinished Business: 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. At the November 18, 2025 City Council meeting, this ordinance was left on the first reading. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director briefly spoke on the item. There were no amendments or changes to the request. The applicant issued a letter that outlined a few items previously raised before City Council, either through direct questions or public comment. The letter stated that the project tied to the rezoning request was on a roughly 26-month construction timeline, with the associated school expected to open in July 2028. It also noted that geotechnical work on the site was anticipated to be completed in early 2026. The letter summarized traffic analyses conducted in anticipation of the rezoning and the large-scale development planned for the area. During the agenda session, a request for traffic study information was mentioned, and Keith Macedo, Chief of Staff, resending an earlier email shared in mid-November. Staff recommended approval of the rezoning request, which had already received a positive recommendation from the planning commission, with seven commissioners in favor, one opposed, and one recusing. Several members of the applicant’s team were present and available for questions. Council Member Stafford questioned a traffic study that came out on October 27 that was received via a Freedom of Information Act. Jonathan deferred to the applicants and stated the City Council Meeting Minutes December 2, 2025 Page 6 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov original traffic study had included conservative assumptions, anticipating higher traffic levels than the site design supported. Council Member Stafford and Jonathan went on to discuss the need for a new traffic study as the information in the original study was faulty and the results looked like the school-site would cause issues. Dr. Mulford, Fayetteville Public Schools Superintendent, spoke on the traffic study and stated their traffic engineering consultant, Nathan Becknell, was in attendance and could better speak to the topic. He did clarify statements that were inaccurate. Before the property was purchased, a traffic study was completed and it assumed one entrance and exit off of College Ave. The traffic study yielded that as long as there was a traffic light put in at Poplar and College, the school there would have minimal impact on traffic. They conducted an updated study in October and the feeder patterns that were provided to Nathan Becknell were the current patterns. He considered all the traffic coming from Vandergriff and McNair. Nathan was in the process of redoing the traffic study with the new feeder patterns. Nathan Becknell, Traffic Engineering Consultant stated he would strive to get the updated traffic study to the City Council prior to December 16th. He explained that with the first traffic study it showed everyone using College Ave and the second traffic study in October showed more people using Ash St. What they came to realize is it would be more so in the middle of the two. Council Member Turk questioned how some of the estimates on bus riders and car riders were generated. Nathan stated the bus rider information was pulled from existing data supplied by the Fayetteville school district. The trips generated per student was from the national publication by the Institute of Transportation Engineers. Council Member Turk verified that the numbers were not Fayetteville specific. Nathan countered that while they were not Fayetteville specific, they were in line with what happens in Fayetteville. Dr. Mulford, Fayetteville Public School Superintendent briefly spoke on the item. He addressed the letter he had sent requesting the City Council suspend the rules and go to the third and final reading. He had made the request with the upmost respect for the weight of the decision and recognized that not all Council Members were in attendance. He requested the City Council to table the item to ensure all Council Members were present at the time of the vote. He went on to review the timeline for the construction of the school. He acknowledged prior discussions about tabling, citing three reasons raised: potential fundraising to purchase the property, the pending geotechnical report, and the transportation study. He clarified that the school board was not considering selling the property until the rezoning process was complete, and that alternative sites reviewed were less suitable. He explained that the additional geotechnical report was intended to guide foundation design rather than determine site suitability, which had already been established. The transportation study had already been addressed, and the landscape architect was available to discuss site conditions. He referenced a recent editorial that stressed the strategic placement of schools and emphasized that the rezoning request was not about development versus non-development, since the property was already zoned residential. Instead, the question was whether rezoning to institutional use made more sense for compatibility. He noted staff and Planning Commission were in support of the request and expressed hope that the City Council would approve it on December 16th. City Council Meeting Minutes December 2, 2025 Page 7 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Berna requested to hear about the composition of the hillside and the results of the geotechnical drilling that had been done already. Wes Burgess, Crafton and Tull architect, stated in 2014, engineers were hired to conduct a geotechnical report on the site for a proposed residential development. They performed 16 borings and at least three test pits to analyze the soil. There were three soil strata typical of Northwest Arkansas: topsoil, which was unsuitable for building; expansive clays, which were unstable in its native form, due to swelling when wet and shrinking when dry; and shale mixed with more stable soils suitable for development. The upper two strata generally extended four to six feet before reaching the suitable soil. When the property considered for a school site, the engineers were asked to reevaluate their findings, and they confirmed that the soils were suitable. Supplemental work was undertaken with deeper drilling to determine specific foundation requirements. The shale and stable soils were deemed appropriate for supporting structures, while the expansive clays could be excavated, replaced, and compacted to so they would then be suitable for bearing the structure in certain conditions. Council Member Turk then asked how the removal of clay would be handled. Wes stated they did not anticipate blasting the area. They were aiming to keep as much soil on site as they could and reuse it. If they did go down 30 ft. into the soil and found rock, they would do a deep foundation, which would lead them to not take any rock out. Council Member Stafford requested more information about the health of the forest. Hunter Atkinson, Landscape Architect, stated the site, located along the north/south ridge and sloping from east to west toward College, was characterized as an oak hickory forest typical of the region. It showed little evidence of development aside from a few road cuts over the years and contained larger tree species that were incorporated into the site design. The forest condition was described as a typical unmanaged Arkansas forest, which had densified over the past 150 years due to the absence of fire and grazing. Historically, the land would have supported an open woodland or savanna condition, with scattered post oaks and multiple vegetation layers. Instead, the current forest had a continuous canopy that blocked light from reaching lower levels, limiting biodiversity and leads towards introduction of invasive species. The older post oaks appeared as large, rounded forms, while younger trees resembled lollipops with minimal branching, contributing to the dense canopy. He explained the site’s western slope created drier, xeric soils that historically supported savanna like conditions with greater species diversity than what was currently on-site. Estimates suggested that the site now contained four times as many trees as it would have historically. Council Member Moore raised a question about traffic and connectivity, specifically regarding access points for the proposed development. An attorney letter in the packet had stated that it was adequate to have the access point at Poplar and College, but earlier large-scale development plans, not yet finalized, had shown two additional access points on Ash. She noted that while final decisions would come later, traffic safety and connectivity needed to be considered. She pointed out that the stretch of College Ave between two traffic lights accounted for about 10% of the city’s accidents. Concerns were expressed about children crossing at a crosswalk and vehicles turning in and out of the school’s egress. She questioned whether the traffic study had accounted for the existing accident data, whether additional access points might be necessary, and how the site could handle vehicle loads during morning and afternoon peak times. Dr. Mulford stated the drawing that showed access to Ash St was described as conceptual and subject to the large-scale review process. It was noted that if city staff determined the access to City Council Meeting Minutes December 2, 2025 Page 8 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov be unsafe, it would not be included, and any ingress or egress onto Ash St would require improvements to the roadway. The traffic study was expected to inform those decisions. Regarding College Ave, the report indicated that adding a stoplight would significantly improve safety and help address accident concerns. He emphasized that accidents were common near schools located at primary road intersections, using examples such as Mission and Crossover, Martin Luther King JR Blvd near the high school, and Rupple Road. Improvements were expected to mitigate safety issues. He referenced the city’s own initiative to increase traffic through the 71B Corridor by promoting higher-density living and businesses, suggesting it was odd to be concerned about school traffic while encouraging more traffic in the area. They concluded by noting that the stoplight was a key element in improving safety around accidents in that corridor. Nathan had not done a complete analysis but had seen the data discussed. He believed there was strong need for pedestrian connectivity and recommended adding a signal at Poplar St. Council Member Moore expressed concern about the proposed drive link for queuing cars. She observed at other campuses where limited access points created long lines of 15 to 20 vehicles in turn lanes. She expressed her traffic concerns with College Ave. She asked whether the district or project team had considered how cars would meander through the property to prevent congestion. Nathan stated that was part of his study and would remain the way it was unless he received new data. They were proposing adding a western drive and had confidence it would not back up all the way to College Ave. Council Member Moore then asked if the district was ready to absorb all of the improvement’s costs need on Ash St as it was a difficult area to maneuver. Dr. Mulford understood there would likely be a portion, if not all, of responsibility on the school district to bear the improvements of connectively at the western point. He felt confident with a single access point from College Ave and an emergency access point on Marks Mill, if that was what needed to happen. The possible improvements to Ash St would benefit not only the district but the community; there was an understanding that they could make those improvements and keep it within budget. As for keeping traffic off of College Ave, the queuing lanes had three lanes that would go around the school. Two of the lanes were designed for cars to wrap around in the afternoon. Council Member Stafford confirmed there would be two queuing lanes and a passing lane around the whole school; in addition to the parking spots, which he did not have an exact number of. Council Member Turk thought that the property owner’s association for Marks Mill prevented any kind of access through. Dr. Mulford stated the contract specified the access into Marks Mill was limited to emergency personnel and maintenance. The access would be gated as the general public could not access it. Council Member Berna and Hunter discussed the double queuing of the lanes. Council Member Moore then asked if students of the school would be able to access Marks Mill Rd through the access point. Dr. Mulford stated that the purchase agreement required the school to keep both traffic, pedestrian included, closed off. The only exception was for emergency vehicles and maintenance. Dr. Mulford, Fayetteville Public Schools Superintendent corrected an early statement made. The double queuing would not go around the entirely, just a portion of the loop. City Council Meeting Minutes December 2, 2025 Page 9 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Dr. Jones requested details on the existing stormwater conditions. Hunter described the area as a north/south ridge sloping from east to west and close to the top of the watershed, which meant there was a limited amount of water draining onto the site from off the property. To the east of the site, a few residential areas were mostly clear, with one location where water collected from an old roadbed and had cut into the hillslope, a condition that the planned work aimed to improve. In terms of forest health, the lack of diverse canopy layers reduced the ability of vegetation to manage water and erosion effectively. While tree roots helped secure soil, they typically extended only about 18 inches deep. He felt there was an opportunity with the vegetative character of the site to improve the drainage and address where it’s falling and combining to deal with the multiple places that crossed down the site. Trent Wessner, Civil Engineer with Crafton Tull felt the concerns on stormwater were valid but was excited to improve the existing stormwater conditions. There would be multiple bio-retention cells and detention cells to treat the water and slow it down. They were required to not release more water off the site than what currently was. Council Member Bunch and Jonathan discussed the Marks Mill street and neighborhood. The street was public and had sidewalk on one side. Jonathan explained the street was originally platted with the intent to extend it as a public street. Council Member Bunch understood that the Marks Mill neighborhood did not want people driving through their neighborhood to drop their children off but stated it seemed ridiculous that a child couldn’t use the access to walk to school. City Attorney Kit Williams stated The City of Fayetteville was not party to the contract that limited the use of Marks Mill and the city had a connectivity basis for all developments. A contract that would not allow what the city believed to be a necessary connection might have that section of its contract voided as against public policy. He had not been reviewed the contract, but the city was generally not bound by restrictive covenants, which were agreements between private parties enforced by judges rather than the city. The school district, not the city, had been party to the contract, and while they were expected to follow it, it gave him pause with the mention of a gate due to an established ordinance prohibiting gated communities. Council Member Stafford asked how a homeowner’s association could prevent pedestrian access on a public street. City Attorney Kit Williams stated he had not seen the contract restricted covenants and didn’t know how it would be fully developed. He felt it was premature to say exactly what the city could do but he could say that in the past, the city had not been stopped by restrictive covenants. Council Member Stafford requested information on double queuing from the school district for the December 16th. The City Council received 36 public comments regarding this ordinance. Council Member Wiederkehr anticipated that the ordinance would be left on the second reading, which he fully supported. He began with a message of respect for the school board, emphasizing that the worst outcome would be starting the project only to find that expenses preclude them from completing the project. He explained that the hillside development for the two junior highs carried challenges, noting the $103,000,000.00 estimate and the fixed woodland price on a 5% slope. Using the grading plan, he described the need for extensive cut and fill due to moist slopes, shale, and expansive clay, with the sports field being the largest cut and fill. He City Council Meeting Minutes December 2, 2025 Page 10 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov explained the cost premium, estimating a 25–35% increase, and cautioned the school board to press consultants for accurate information. He pointed out the presence of a Federal Emergency Management Agency floodway, stressing the importance of maintaining the stormwater to avoid repetitive loss areas. He stated that grading could involve removing 100,000 cubic yards of soil, equivalent to 10,000 dump trucks, and noted that shale could not be reused as fill material. Connectivity was also a concern to resolve, with calls for alternative routes during accidents or icy conditions, and he questioned the right of someone to gate a city owned public street. He acknowledged the code City Attorney Kit William’s provided on what could and could not be considered when deciding on the ordinance. He wanted to express that it was a complicated decision and the City Council was doing the best they could. Council Member Turk reviewed her concerns with the item. She felt that the City Council needed the traffic study to be resolved while acknowledging it may not be ready in two weeks. The geotechnical report would not be available until the end of January and the issue with Federal Emergency Management Agency and the property being in a floodway. She felt all of that needed to be resolved. She motioned to table the item to the January 27th meeting to allow for adequate time for the new information to come in. Council Member Stafford felt that if the item needed to be tabled, it would be proper to table it at the third and final reading. He went on to thank everyone for their presentations and requested they be emailed to him. He reflected on past decisions he had made, which he viewed as simple compared to the current item. He reminded everyone that the City Council was not dragging its feet but was conducting due diligence. He acknowledged that developers were often under pressure and appreciated Dr. Mulford for walking back his request to suspend the rules and go to third and final reading, stressing that he had to treat all parties equally. He noted that the project would change the heart of the city. City Council needed time and careful consideration to make well-informed decisions. From a land use perspective, he stated that he did not want to see the property developed as Residential Single Family-4 but reiterated the importance of taking time to weigh all considerations and was glad the City Council was doing so. Council Member Berna reflected on what a citizen had said earlier, which was that the ordinance was a zoning issue. He thought they were getting lost in the weeds and it concerned him. He explained that he couldn’t mandate the school district sell their property or to zone it into something they hadn’t requested. He felt this project was scrutinized far more than any other project. He understood the project was a divisive issue and was hopeful an agreement could be reached for what was best for everyone involved. Council Member Dr. Jones echoed similar sentiments to Council Member Berna. He stated that he did not remember the City Council ever tabling, discussing, or examining a topic in the way they had for the project. He recalled an email he received, referencing the students at Ramay and stated they deserved a centrally located school and expressed hope that those students could attend school in a magical environment. He felt that the school districts ask to table the item was fair and added that they had been transparent. He stated that requests for more information sometimes appeared to be delay tactics. His role was not about liking or disliking a project but about determining whether it had merit, was legal, and served the best interests of Fayetteville. He expressed hope that the City Council would vote yes by December 16, stating that delays City Council Meeting Minutes December 2, 2025 Page 11 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov could cause challenges. He felt that when there was opposition to an item there tended to be a tendency to reach and sometimes things weren’t ever good enough. He felt the city could not afford to do that with this project. He had been ready to vote two weeks ago, remained ready to vote now, and hoped to have the opportunity to vote on December 16. Council Member Bunch noted that most of the good, easy land in Fayetteville to build on had already been developed, leaving only difficult land to be built on. She acknowledged the land would be developed, especially since the rezoning of College Ave had made the area more desirable. She identified what she could take into consideration, which was traffic, pedestrian safety, storm water runoff, and the possible costs to the city. She stated the trees had been on the hillside her whole life and would like for them to stay but acknowledged that wasn’t something she could vote on. City Attorney Kit Williams announced the Council Member Turk’s motion to table died without a second. Council Member Moore stated that during public comment, a few statements were made that she hoped would be clarified at the next meeting or prior to. She had questions regarding the cut and fill and the impact of the dump trucks on the road. She questioned the size of the retaining walls, with mention of walls as tall as 53 feet, and how it might affect storm water management and potential mitigations. She felt that one entrance was not adequate and questioned if any other Fayetteville school campuses had only one access point. She emphasized the importance of connectivity and grid networks that were to be offered to residents in the area. She requested information on potential road improvements, particularly involving Ash Street, and strongly urged access through Mark Mill. She then requested clarification on the number of required access points as multiple had been referenced. Council Member Bunch wanted to add that she was more of a visual person and requested a visual medium when referencing the height of the retaining walls and other aspects of the project. Council Member Turk stated she had three additional questions; an update on the Federal Emergency Management Agency permit and if it was required, the cost of the school to the city and who would be responsible for damage to business that were downstream if the detention pond failed. This ordinance was left on the Second Reading. The City Council took a ten minute recess. Council Member Bunch motioned to reconsider Rezone 2025-0046 on Penelope Lane, which had previously failed. The applicant had approached her and asked it be brought forward for reconsideration. City Council Meeting Minutes December 2, 2025 Page 12 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Molly Rawn clarified that voting yes was voting to reconsider the item and not voting for the item itself. Council Member Turk asked if there had to be a simple majority. City Attorney Kit Williams stated there had to be a simple majority and the City Council could have a discussion on whether or not they would reconsider. Council Member Berna then verified with City Attorney Kit Williams that it would take 5/8 votes to be a simple majority. Council Member Bunch moved to reconsider Rezoning 2025-0046. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed 6-1. Council Member Dr. Jones, Moore, Wiederkehr, Berna, Bunch and Stafford voted yes. Council Member Turk voted no. Council Member Min. Jones was absent. City Attorney Kit Williams reviewed the Rules of Order and Procedure. 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. Council Member Bunch moved to table the ordinance to the December 16, 2025 City Council meeting. Council Member Moore seconded the motion. Upon roll call the motion passed 6-1. Council Member Dr. Jones, Moore, Berna, Bunch, Turk and Stafford voted yes. Council Member Wiederkehr voted no. Council Member Min. Jones was absent. This ordinance was tabled to the December 16, 2025 City Council meeting. New Business: Cato Springs Sewer Project (Easement Condemnations): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by individuals needed for the Cato Springs Sewer Extension and Lift Station Project. City Attorney Kit Williams presented on the item. Tim Nyander, Utilities Director, was the head of the project which was a sewer project for the Cato Springs Sewer Extension and Lift Station Project. The city had already acquired some of the right of way that was needed but there were two pieces of property that the city needed right of way or easements from. The City Council needed to approve the condemnation before the City Attorney’s Office could file the paperwork. Council Member Moore and City Attorney Kit Williams discussed the full size of the parcel. City Attorney Kit Williams did not know the exact size but stated that the consulting engineers determined what was needed in order to built the project. City Council Meeting Minutes December 2, 2025 Page 13 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed 7-0. Council Member Dr. Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Min. Jones was absent. Resolution 280-25 as recorded in the office of the City Clerk Downtown Outdoor Refreshment Area Amendment: An ordinance to amend § 111.07 (D) Outdoor Refreshment Area to adopt a new Downtown Outdoor Refreshment Area Boundary Map. Mayor Molly Rawn stated that the presenter had an amendment on the item. City Attorney Kit Williams could read the ordinance as it was or the City Council could vote on the amendment and then he would read it. Council Member Bunch moved to amend. Council Member Dr. Jones seconded. Council Member Turk then requested to hear what the amendment was. City Attorney Kit Williams clarified that it was including another restaurant in the map. The amendment would be to amend the language and the exhibit. Council Member Turk moved to amend and add Whereas Clause, ‘Whereas, Moonhouse, a new restaurant recently opened in Downtown Fayetteville at 129 W Lafayette Street, is just outside the boundary of Fayetteville’s Downtown Outdoor Refreshment Area and staff recommends amending the map to enable this new business to participate in the Outdoor Refreshment Area Program” Also, to amend to accept an updated Exhibit 1 – Downtown Outdoor Refreshment Area. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Dr. Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Min. Jones was absent. City Attorney Kit Williams read the ordinance. Devin Howland, Director of Economic Development presented on the item. He thanked the City Council for approving the presented amendment. Staff was recommending approval of the item, which added two areas to the Downtown Outdoor Refreshment Area. One addition would connect Moonhouse into the district with a 270 foot extension, while making clear that alleyways to the west, Lafayette, and sidewalks beyond the restaurant were not included. The connection had enabled access toward Dickson Street, and staff had planned to work with the restaurant owner to ensure the people stayed in the boundaries. The second addition had involved Tavern Lafayette, with extensions along Prairie Street and South Government Ave. He was available for questions. Council Member Turk and Devin discussed her confusion with the district map. Council Member Stafford then questioned why a connector road to Martin Luther King Jr. Blvd wasn’t included in City Council Meeting Minutes December 2, 2025 Page 14 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov the map. Devin stated the road could be folded in later when it had street pedestrian safety features. The City Council received 1 public comment regarding this ordinance. Council Member Moore requested Devin answer a question raised during public comment about why the city kept expanding the Downtown Outdoor Refreshment Area boundary map as she felt there could be a better understanding. It was decided to vote on the motion on the floor first and then have Devin answer. Council Member Dr. Jones moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Dr. Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Min. Jones was absent. City Attorney Kit Williams read the ordinance. Devin Howland, Director of Economic Development explained the history of the Downtown Outdoor Refreshment Area. The district had been built in three phases, beginning with the initial phase during COVID around the heart of downtown, including the square and Dickson Street. The Lower Ramble had been added once its construction was completed with lighting and recycling receptacles in place. Amendments were only made when a restaurant submitted a request, as the district was already covering downtown. Covering the entire city was not possible because Act 812, the state legislation enabling entertainment districts, required the area to be zoned for commercial use, to contain cultural and restaurant establishments, and to be contiguous. Other outdoor refreshment areas were in Fayetteville, such as Centennial Park and Evelyn Hills, which had been for Mockingbird Kitchen. Future requests could be considered on a case-by-case basis, but they were not actively trying to expand further since the program had been working really well. Council Member Moore then requested more information on beverage control and why the city can’t be in conflict. Devin explained that the outdoor refreshment area gave the city the ability to regulate the possession and consumption of alcohol, not the serving. The city had a great working relationship with the Alcohol and Beverage Control division and the city was following what the state statute required of them. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Dr. Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Min. Jones was absent. Ordinance 6939 as Recorded in the office of the City Clerk Amend §167.04 and §167.05 of the Unified Development Code: An ordinance to align the Unified Development Code with the Urban Forestry Management Plan by amending § 167.04, Tree Preservation and Protection and § 167.05, Tree Protection Measures and Construction. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes December 2, 2025 Page 15 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Willa Thomason, Urban Forester presented on the item. The staff had initiated a request to amend Chapter 167, the city’s Tree Preservation and Protection ordinance, to align it with the 2024 Urban Forestry Management Plan. Adopted in 2024 as a ten-year strategic plan, had been designed to preserve and expand Fayetteville’s tree canopy. Based on stakeholder input and a citywide analysis, canopy protection had been identified as a priority. In 2019, Fayetteville’s canopy coverage had been measured at 39.4% of the city’s total area, and the plan had set a thirty-year goal of increasing coverage to 44.4%. Another goal had been to raise canopy coverage by 1.2% within the first decade. To achieve these goals, the plan had established guiding principles and fifteen sub-goals, including updating or amending tree related ordinances to support the canopy cover goal. An independent contractor had analyzed Chapter 167 and they found a stronger need to preserve mature trees, rather than relying primarily on mitigation. Staff had proposed changes to three code sections. The first one was to change §167.04(H4), requiring projects that failed to meet minimum canopy requirements on site to submit an analysis report prepared by an International Society of Arboriculture certified arborist. This had been intended to ensure that design decisions included informed assessments of tree health and preservation potential, rather than post-rationalized justifications. The second was to §167.04(L3), clarifying preservation and protection under approved tree preservation plans and easements. A new subsection had been proposed to describe permitted activities within tree preservation easements, allowing maintenance such as invasive species removal but prohibiting actions harmful to mature native canopy. §167.05(B) had also been revised to clarify tree protection standards during construction, specifying that when fencing specifications could not be met, affected trees should be preemptively mitigated to avoid arbitrary interpretations. Additional clarifying changes had been recommended for sections addressing parking lots, Hillside/Hilltop Overlay Districts, and grading permits, to resolve discrepancies due to the 2024 amendment that created abbreviated tree preservation plan requirements. §167.04(C) proposed a change to require all zoning districts within the Hillside/Hilltop Overlay District, not just residential and Neighborhood Commercial districts, to submit tree preservation plans and to increase minimum preservation requirements by 5%. Finally, §167.04(H1D) had been updated to clarify the location of the definition of “significant trees,” ensuring consistency by pointing to the definitions chapter rather than the landscape manual. The proposed amendments had been vetted by the Urban Forestry Advisory Board and feedback was gathered from members of the development community and the public during Planning Commission meetings. The Long Range Planning Commission’s subcommittee had also recommended changes that were integrated. City staff and the planning commission had recommended approval of the ordinance changes, emphasizing that they would strengthen tree preservation, improve clarity in enforcement, and align Fayetteville’s code with the long-term goals of the Urban Forestry Management Plan Council Member Turk commended staff for their proposed changes. She thought they were great and necessary. She questioned if developers could send their tree preservation plans in digitally as it wasn’t specified in 167.04. She worried about the compatibility with the city’s Geographic Information System. Willa explained that they currently receive DWG files, which were compatible with AutoCAD. All of their canopy tracking went into excel. If this was something to be codified, she felt it would need to be vetted by the Urban Forestry Advisory Board and development community. Jonathan Curth, Development Services Director, and Council Member Turk then discussed the goal of making the change to digital files. City Council Meeting Minutes December 2, 2025 Page 16 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk and Willa discussed possible changes to the code due to citizen feedback including extending the residential onsite mitigation to 5 years from 3. They then discussed how often an applicant did not take remedial steps to bring a property into compliance. Willa stated it had not happened in the year she had been with the department. Jonathan explained historically as a city they had not had to pull any guarantees or bonds. Lastly, Council Member Turk asked if an applicant had been relieved of replacing their trees due to an extreme weather event. Jonathan had not heard of anyone invoking that chapter of code. City Attorney Kit Williams spoke on his experience working at the city during the 2008 ice storm and how it influenced the city code. Council Member Moore appreciated the work that had been done on the item. She and Willa then discussed the percentage of projects that had failed to meet minimum tree canopy requirements. Willa stated it was rare to see a project meet the minimum rather than going into mitigation trees. What was commonly seen was planted mitigation trees. They then went into depth on the current analysis project. Council Member Wiederkehr stated he had investigated into bonds and found that the market was not providing 5 year bonds, just 3 year bonds for landscape. 3 years was professionally recognized as the timeline that the marked was willing to incur a bond for. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. Ordinance 6940 as Recorded in the office of the City Clerk VAC 2025-0027 West Megan Drive: An ordinance to approve VAC-25-27 for property located at 2411 West Megan Drive Ward 2 to vacate 0.02 acres of general utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented on the item. The property at the southwest corner of Megan Drive and Porter Road in Northwest Fayetteville had been developed with a single-family home whose driveway faced Megan Drive. At the previous City Council meeting, the property had been successfully rezoned from Residential Single Family-4 to Residential Single Family-8. The request was to vacate a portion of the 25-foot utility easement extending into the property from Porter Road, specifically the five feet furthest in, totaling about 900 square feet. Staff had recommended approval, and all franchise utilities had consented. He City Council Meeting Minutes December 2, 2025 Page 17 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov noted two items he wanted to touch on: the existing house already encroached into the easement, and vacating the portion would resolve a potential cloud on the title and second, questions had arisen about development plans, and the applicant had indicated her intent to build another single-family home south of the existing one, facing Porter Road. Approval had been recommended with the condition that any damage or relocation of existing facilities would be at the owner’s expense. Since no utilities were located in the vacated portion, the remaining easement had continued to protect public and private infrastructure. He was available for questions. Christina Zhu-Weaver, applicant presented on the item. She stated she and her husband had been long term owners in the neighborhood and expressed pride for their community. She requested a vacation of 5 ft on the east side, leaving 20 feet as the city wished to retain. A survey conducted at the time of purchase had revealed that the house, which had stood for 30 years, encroached into the easement. The easement had been confirmed by multiple utility providers, including AT&T, Cox, Black Hills, and Ozark Electric, to contain no facilities, and the city water and sewer department had also confirmed no lines were present, though they had asked to keep 20 feet reserved. The request had aimed to resolve the encroachment issue while preserving easement space for future development needs. She emphasized that the change would have no impact on utilities, would maintain compliance with setbacks, and would support ongoing upgrades to the existing home. 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 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones was absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. Ordinance 6941 as Recorded in the office of the City Clerk VAC 2025-0023 South Duncan Ave: An ordinance to approve VAC-25-23 for property located at 65 South Duncan Ave in Ward 2 to vacate 0.11 acres of right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented on the item. The request in central Fayetteville had involved a narrow strip of public right-of-way, about five feet wide and extending from Center Street to Stone Street along the west side of Duncan Ave. This land, totaling roughly a tenth of an acre but stretching over three blocks, had been associated with a purpose-built student housing project that had been rezoned in 2024 and later approved for large- scale development by the Planning Commission. During the development review, it had been City Council Meeting Minutes December 2, 2025 Page 18 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov determined that the strip was not necessary for public improvements under the Master Street Plan. The project had instead included urban sidewalks, street trees, and a piazza area to create a more walkable intersection at the northern end. All franchise utilities had consented to the vacation, with AT&T and the gas company requesting conditions to protect or remove their services. The standard condition had required the developer to relocate or repair facilities at their own expense. The Planning Commission had considered the item at its November 10, 2025 meeting and unanimously forwarded it to City Council, with staff recommending approval. Brom Driver, applicant was available for questions. Council Member Moore and Brom discussed the footage of the roadway currently and how it was maneuvered by the public. Brom stated it was being maintained per the Master Street Plan. They went on to discuss the design elements of the area. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. Ordinance 6941 as Recorded in the office of the City Clerk RZN 2025-0052 East Rock Street: An ordinance to rezone the property described in Rezoning Petition RZN-2025-52 for approximately 0.20 acres located south of 111 East Rock Street in Ward 1 from R-O, Residential-Office to DG, Downtown General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Service Director presented on the item. The request involved an underdeveloped property in central Fayetteville located along the alley frontage between Rock Street to the north, South Street to the south, College Ave to the west, and Mill Ave to the east, about 1,000 feet southeast of the council’s location. The property shared ownership with several lots fronting College Ave, and the proposal had been to rezone it from Residential Office to Downtown General. Staff had supported the request, finding it compatible with surrounding land uses, which included both residential and non-residential developments, and consistent with the broader downtown context. While a standalone Downtown General designation had not fully aligned with the future land use map, staff had noted that adjacent properties already carried Downtown General zoning, making the area suitable for coherent development. The rezoning had allowed for a wide range of uses, from single-family and multifamily housing to offices, retail, and restaurants. Considerations had included the reduction of required tree canopy from City Council Meeting Minutes December 2, 2025 Page 19 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 20% under Residential Office to 10% under Downtown General, and confirmation that multifamily housing was permitted in the Downtown General district. Public comments had raised concerns about traffic and parking availability, particularly in light of the proposed urban lofts project nearby. Staff had recommended approval, and the Planning Commission had unanimously forwarded the request to City Council with an 8–0 vote in favor. Allie Thurmond-Quinlan, applicant was available for questions. The lot was undevelopable until the recent alley frontage code change. The owner also owned the parcel across the alley that connected into South College Ave. The small parcel would become 3 small townhouses with 2 off street parking space for each. 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 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. Ordinance 6942 as Recorded in the office of the City Clerk Short-Term Rental Ordinance: An ordinance to repeal Ordinances 6427, 6625, 6710, 6820, 6888, and 6936 and to enact this replacement ordinance to legalize the operation of Short-Term Rentals pursuant to reasonable regulations. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented on the item. The council had revisited the issue of short-term rentals, which had been under discussion for close to half a decade. Work on the ordinance began in 2019 with focus groups and a consultant, at a time when short-term rentals were largely illegal in Fayetteville. The first ordinance was adopted in April 2021, followed by several amendments, many extended the sunset clause and established metrics for conditional use permits, as well as a cap of 475 type two rentals. The latest amendment contained four major components. First, it proposed repealing and replacing the ordinance to eliminate the sunset clause, ensuring the standards would not expire, as they were set to on December 30, 2025. Second, it addressed enforcement challenges by introducing escalating service terminations for violations and a two-year ineligibility for licenses or permits after three violations within twelve months, with limited exceptions for new property owners acting in good faith. Third, it reduced occupancy allowances by removing the extra two-person bonus, limiting rentals to two guests per bedroom. If someone had an existing contract that exceeded that amount, they would have until mid-March of 2026 to speak with the Development Services Director who would honor the contract. After that they would need to get approval from the City City Council Meeting Minutes December 2, 2025 Page 20 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council through a resolution. Finally, it tackled density concerns by prohibiting type two rentals within 100 feet of each other and prohibit no more than 4% of single-family dwellings within a 500-foot radius. These measures were designed to provide clearer guardrails and reduce the impacts of concentrated short-term rentals in Fayetteville. A fifth, less prominent portion of the amendment focused on cleanup, consistency, and clarification, particularly in light of emerging national case law. During the agenda session, concerns were raised about property rights and the status of existing permits and licenses. It was clarified that current operators acting legally could continue under non-conforming use provisions but lapses in permits or licenses could render them ineligible. Questions also arose about whether the ordinance could be amended in the future, and staff confirmed that amendments remained possible. In the end, staff recommended forwarding the ordinance to the full council by a 3-0 vote and noted that an emergency clause so there would be two votes total. Council Member Berna gave kudos to Jonathan Curth for his presentation. He felt the presentation highlighted how complicated the process had been and wanted to applaud everyone that had been involved in the process. Short-term rentals were already in the community and he felt it was not realistic to expect they would go away. He thought this ordinance considered the citizens’ viewpoint and the neighborhood’s thoughts and concerns. He was ready to vote on the item. Council Member Turk stated there was a tremendous amount of analysis done on this item. They were thoughtful and analytical about the process. She wanted to commend staff and the Ordinance Review Committee for their work on the item. Council Member Moore and City Attorney Kit Williams discussed the possible legal hurdles with the sunset clause being removed. City Attorney Kit Williams did not think removing the sunset clause would be an issue, as long as nobody was terminated. He had recommended the sunset clause originally because he believed the original short-term rental ordinance needed a lot of work but the amendments being presented overcame some of the original difficulties. Further amendments could be possible and they would try to make sure they would not counter state law. The City Council received 1 public comment regarding this ordinance. Council Member Stafford thanked Jonathan Curth for his presentation. He felt that everyone who worked on the item did an excellent job. He was thrilled to end the sunset clause and to solidify this ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Wiederkehr seconded the motion. Upon roll call the motion passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. City Attorney Kit Williams read the ordinance. Council Member Moore appreciated all the effort that went into the ordinance. Her concern was that the City Council declared a housing crisis and the ordinance allowed 475 short-term City Council Meeting Minutes December 2, 2025 Page 21 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov rentals, which was nine times the amount of housing that was not available for residents. She was concerned about solidifying the ordinance because there wasn’t a healthy market and for that reason she was not supportive of the item. She ended with thanking those for the work done on the ordinance and she felt it was much better than it had ever been. City Attorney Kit Williams cautioned the City Council as they only had six members present, as two were absent. The ordinance required 5 affirmative votes and the emergency clause required 6; Mayor Molly Rawn could not provide a vote on the emergency clause. If the emergency clause was not passed, the short-term rental ordinance would become invalid on December 30, 2025. He felt that to be careful, maybe the City Council should table the item until a full City Council was in attendance to ensure there will be 6 votes to pass the emergency clause. Council Member Stafford questioned if the ordinance was passed at the current meeting, if the emergency clause could be passed at the next. City Attorney Kit Williams stated the emergency clause always went with the ordinance and he felt it would be best to table the item so all of the short-term rental regulations wouldn’t expire. Council Member Stafford understood that Fayetteville was in a housing crisis. But acknowledged there was a shortage of not only housing, but hotel beds and short-term rentals were a legitimate market. He felt it was sad that all Council Members were not all in agreement on the item. Council Member Turk asked that the vote take place at the current meeting and if they needed to separate the emergency clause then she would prefer to do that. Council Member Bunch questioned if the emergency clause could be separated. City Attorney Kit Williams didn’t think it could be separated. He stated the ordinance was too important to take a risk and mess it up. He expressed the City Council needed to be careful on the item and he saw no way around it except tabling. He would like to see the item passed but didn’t want to see it defeated by having the emergency clause not go into effect. It was then discussed that if the emergency clause was failed, there could then be a motion to reconsider it for the next meeting. Mayor Molly Rawn stated she would like for the City Council to vote and if it needed to be reconsidered then they would act on that. Council Member Berna asked if the emergency clause failed at the next meeting, if the short- term rentals would then be operating illegally. City Attorney Kit Williams confirmed. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 5-1. Council Member Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore voted no. Council Member Dr. Jones and Min. Jones were absent. During the vote, Council Member Stafford asked for a point of clarification from City Attorney Kit Williams. It was asked who could motion to reconsider the item if the emergency clause failed. The motion would be to reconsider the whole item, not just the emergency clause. His City Council Meeting Minutes December 2, 2025 Page 22 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov recommendation was to keep it cleaner and safer and would be not vote on the item at this meeting. Council Member Wiederkehr moved to pass the emergency clause. Council Member Turk seconded the motion. Upon roll call the motion failed 5-1. Council Member Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore voted no. Council Member Dr. Jones and Min. Jones were absent. City Attorney Kit Williams stated the item did not pass as it didn’t get the 6 affirmative votes needed. The City Council could do a motion to reconsider the entire item now or wait till the next meeting. Council Member Turk moved to reconsider the item. Council Member Stafford seconded the motion. Upon roll call the motion passed 5-1. Council Member Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Moore voted no. Council Member Dr. Jones and Min. Jones were absent. During the vote Council Member Moore requested a point of information as she thought a reconsideration had to be initiated by the party that voted no. City Attorney Kit Williams stated that whoever voted in the majority, in this case the majority was the 5 affirmative yeses to pass the ordinance, could motion to reconsider the entire item. City Attorney Kit Williams stated the ordinance was now back to the point before it was voted upon. Council Member Berna moved to table the ordinance to the December 16, 2025 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Stafford voted yes. Council Member Dr. Jones and Min. Jones were absent. This ordinance was tabled to the December 16, 2025 City Council meeting. Mayor Molly Rawn confirmed that she was able to call special meetings. She informed City Council that if the item failed to pass, she would call for special meetings up until the deadline to ensure the ordinance was resolved. Announcements: Kara Paxton, City Clerk Treasurer clarified that the short-term rental would not have an ordinance number despite it initially passing because it had a motion to reconsider, putting it at the third and final reading. Keith Macedo, Chief of Staff announced there would be a blood drive on the Fayetteville square on December 3, 2025 from 9:00am – 3:00pm. City Council Meeting Minutes December 2, 2025 Page 23 of 23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 10:19 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer