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HomeMy WebLinkAbout2026-01-06 - Minutes - City Council Meeting Minutes January 6, 2026 Page 1 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov . City of Fayetteville Arkansas City Council Meeting January 6, 2026 A meeting of the Fayetteville City Council was held on January 6, 2026 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: Firemen’s and Policemen’s Pension and Relief Fund – Mayor Rawn Mayor Rawn presented the 2025 Local Police and Fire Retirement and Relief Funds for the City of Fayetteville. She noted that even though the City of Fayetteville went by, ‘firefighters’ and ‘police officers’ the state statute was clear that it was named ‘policemen’ and ‘firemen’. On August 15, 2023 the City Council voted to consolidate the local Fire Pension and Relief Fund with Local Police and Fire Retirement System due to a request from the local Fire Pension Board of Trustees. On July 15, 2025 the City Council voted to consolidate the local Police Pension and Relief fund with Local Police and Fire Retirement System due to a request from the local Police Pension Board of Trustees. There would no longer be City Council reports on these plans as they were both being administered by Local Police and Fire Retirement System. 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 January 6, 2026 Page 2 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Presentations, Reports, and Discussion Items: Sales Tax & Monthly Financial Report – Chief Financial Officer Steven Dotson, Chief Financial Officer presented on the October Sales Tax Report. The city’s October sales tax report showed that taxable sales totaled approximately $301,000,000.00, an increase of 6.8%, or $19,000,000.00, compared to October 2024. Retail trade rose 3% year over year, increasing by $3,700,000.00. Building materials increased by $1,300,000.00, grocery stores by $1,400,000.00, transportation and warehousing by $2,600,000.00, and accommodation and food services by about $2,200,000.00. Taxable sales grew 6.8% from the prior year. For October 2025 tax collections, the city’s one‑penny sales tax was up 6.7%, and the Washington County portion rose 3.7%, resulting in a combined increase of 5.4%, $266,000.00, compared to October 2024. The general fund was up 5%, $192,000.00 from the previous October. Compared to budget, the city’s one‑penny sales tax was up 6.4%, $178,000.00, and the Washington County portion was up 4.7%, $102,000.00. Combined, October collections were 5.7% above budget, or roughly $280,000, putting year‑to‑date sales tax revenues at 2.9%, $1,600,000.00, above budget through October. All sales tax reports and management reports were posted on the city’s website. Steven Dotson, Chief Financial Officer presented on the November Financial Report. The November 2025 monthly financial report showed the General Fund’s sales tax up 3%, about $1,300,000.00. Franchise fees were down 6%, about $414,000.00. Alcohol and beverage fees increased 4%, and building permit fees remained significantly elevated and were up 47%, about $1,200,000.00. Turnback revenue rose 3%, charges for services fell 1%, and court fees increased 8%, about $84,000.00. Overall, the General Fund was 2.7% above budget through November. The Street Fund was down 1%, $143,000.00, compared to budget, though it was expected to level off by year‑end. The Parking Fund was up 2%, driven by fines and fees increasing by about $123,000.00. The Parks Development Fund saw Hotel Motel Restaurant taxes rise 2%, $96,000, with total revenues up 4%, about $209,000. In the Water and Sewer Fund, charges for services were up 4%, and total revenues were up 3.4%, about $1,900,000.00. The new Stormwater Management Fund, which began billing in August, had billed approximately $901,000.00 for 2025. Recycling and Trash revenues were up 1.7%, about $273,000.00, with franchise fees up 12% and charges for services up 1%, about $169,000.00. At the airport, gasoline sales were up 2.7%, at about $80,000.00, and flight operations increased 5.9%, marking a strong month for the airport. Council Member Min. Jones and Steven discussed the total number of flight operations, which totaled 1,478 more flight operations for the year. Election of Vice Mayor Council Member Berna nominated Council Member Bunch in recognition of her longevity on the City Council and her prior service as Vice Mayor. Council Member Berna moved to nominate Council Member Bunch as Vice Mayor. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Council Meeting Minutes January 6, 2026 Page 3 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch was elected as Vice Mayor for the year 2026. Agenda Additions: None Consent: Council Member Berna made a motion to suspend the rules and approve the consent agenda as verbally presented at the Agenda Session. Council Member Turk seconded the motion. Council Member Stafford thought the 2026 Per Capita Jail Fee Agreement item was pulled from Consent at the Agenda Session. It was decided to pull the item and a motion would be made to approve the items as presented, with the exception of the 2026 Per Capita Jail Fee Agreement. Approval of the December 16, 2025 City Council Meeting Minutes. Approved. Purchase of Truck Hauling Services: A resolution to award Bid 26-13 and authorize the purchase of truck hauling services from NEC, Inc as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2026. Resolution 1-26 as recorded in the office of the City Clerk Purchase of Emerald Ash Borer Treatment Services: A resolution to award BID 26-19 and authorize the purchase of emerald ash borer treatment services from Ace of Blades Lawn Care as needed through the end of 2026. Resolution 2-26 as recorded in the office of the City Clerk Purchase of Pavement Marking Services: A resolution to award Bid No. 26-01 and approve the purchase of pavement marking installation services from Everline Coating and Services and AF&G, LLC as needed through the end of 2026. Resolution 3-26 as recorded in the office of the City Clerk Purchase of Concrete Construction Services: A resolution to award BID 26-02 and approve the purchase of concrete services as needed from Sweetser Construction, Inc. through the end of 2026. Resolution 4-26 as recorded in the office of the City Clerk Purchase of Tree Planting Services: A resolution to award Bid 26-03 and authorize the purchase of tree planting services from Custom Lawn Care, LLC as needed through the end of 2026. Resolution 5-26 as recorded in the office of the City Clerk City Council Meeting Minutes January 6, 2026 Page 4 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Purchase of Asphalt Paving Services: A resolution to award BID 26-04 and approve the purchase of asphalt paving services as needed from Emery Sapp & Sons, Inc. through the end of 2026. Resolution 6-26 as recorded in the office of the City Clerk Purchase of Concrete Materials: A resolution to award BID 26-05 and authorize the purchase of concrete materials from Tune Concrete as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2026. Resolution 7-26 as recorded in the office of the City Clerk Purchase of Aggregate Materials: A resolution to award Bid 26-06 and authorize the purchase of aggregate materials from Hunt-Rogers Materials, LLC as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2026. Resolution 8-26 as recorded in the office of the City Clerk Purchase of Asphalt Materials: A resolution to authorize the purchase of asphalt materials for use by the Transportation Division on an as needed basis through the end of 2026. Resolution 9-26 as recorded in the office of the City Clerk Purchase of High Performance Cold Mix: A resolution to award BID 26-09 and approve the purchase of high performance cold mix as needed from Atlas Asphalt, Inc. and Emery Sapp & Sons, Inc. through the end of 2026. Resolution 10-26 as recorded in the office of the City Clerk Purchase of HDPE Drainage Pipe: A resolution to award BID 26-08 and approve the purchase of HDPE drainage pipe as needed from Northwest Arkansas Winwater through the end of 2026. Resolution 11-26 as recorded in the office of the City Clerk Purchase of Lighting: A resolution to award BID 26-12 and authorize the purchase of lighting from Premier Lighting Group as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2026. Resolution 12-26 as recorded in the office of the City Clerk Purchase of Sod: A resolution to award Bid 26-20 and authorize the purchase of sod from 36 North Network Solutions as needed through the end of 2026. Resolution 13-26 as recorded in the office of the City Clerk City Council Meeting Minutes January 6, 2026 Page 5 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Purchase of Topsoil: A resolution to award Bid 26-14 and authorize the purchase of topsoil from Grant Garrett Excavating, Inc as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2026. Resolution 14-26 as recorded in the office of the City Clerk Quote for Plumbing Repairs in the Development Services Building: A resolution to accept the quote from Comfort Systems and authorize plumbing repairs in the Development Services Building in an amount not to exceed $123,058.00. Resolution 15-26 as recorded in the office of the City Clerk Approval of a Sewer Service Extension: A resolution to approve an extension of the City’s sewerage system beyond the City limits to property located at 3292 East Skillern Road. Resolution 16-26 as recorded in the office of the City Clerk Approve a Budget Adjustment to Fund Water and Sewer Repair Material Purchases: A resolution to approve a budget adjustment in the amount of $400,000.00 to move funds to the Construction Materials Account within the Water & Sewer Fund. Resolution 17-26 as recorded in the office of the City Clerk Packaging Specialties Tax Back Program: A resolution to approve and certify the participation of Packaging Specialties, Inc. in the Arkansas Tax Back Program and to agree to authorize the Arkansas Department of Finance and Administration to refund city sales tax back to Packaging Specialties, Inc. for qualified purchases. Resolution 18-26 as recorded in the office of the City Clerk Bid 25-53 Construction Contract for Transfer Station Improvements: A resolution to award Bid #25-53 and authorize a contract with Southern Brothers Construction, LLC in the amount of $233,068.18 for transfer station improvements, and to approve a project contingency in the amount of $23,306.00. Resolution 19-26 as recorded in the office of the City Clerk Pick Me Up - Litter Abatement Contract Amendment: A resolution to approve Amendment 4 to the Memorandum of Agreement with Genesis Church of Fayetteville for continuation of a Litter Abatement Program through 2026 in an amount not to exceed $170,500.00. Resolution 20-25 as recorded in the office of the City Clerk Authorization to Purchase Trash and Recycling Containers from Wastequip LLC: A resolution to approve the purchase of trash and recycling carts, roll-off containers, dumpsters, compactors and City Council Meeting Minutes January 6, 2026 Page 6 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov related products and services as needed within the approved budget from Wastequip LLC, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 21-26 as recorded in the office of the City Clerk Purchase of Asset Inspection and Decision Support Software for Stormwater Management: A resolution to waive competitive bidding and authorize the purchase of GraniteNet Asset Inspection and Decision Support Software for Stormwater Management from Cues, Inc. in an amount not to exceed $75,000.00 per year on an as-needed basis through December 31, 2030. Resolution 22-26 as recorded in the office of the City Clerk Purchase of Vacuum Truck Services: A resolution to award Bid 26-18 and authorize the purchase of vacuum truck services from Carl Holley Plumbing, Inc. as needed through the end of 2026. Resolution 23-26 as recorded in the office of the City Clerk Purchase of Front Load Refuse Trucks for the Solid Waste Department: A resolution to approve the purchase of three commercial front load refuse trucks in the total amount of $1,133,500.00 from Arkansas Municipal Equipment, pursuant to a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, and to approve a budget adjustment. Resolution 24-26 as recorded in the office of the City Clerk Services Contract between the City of Fayetteville Fire Department and BOARDUP: A resolution to award RFP 25-18 and approve a services contract with Belfor USA Group, Inc. to provide fire remediation services for one year with an automatic renewal for up to four additional one-year terms. Resolution 25-26 as recorded in the office of the City Clerk Services Agreement with Washington Regional Medical System for the Fayetteville Fire Department: A resolution to approve a Services Agreement with Washington Regional Medical System in the amount of $585.00 per person for one year with a maximum two percent annual increase and automatic renewals for up to four additional years to provide medical exam and testing services for the Fayetteville Fire Department. Resolution 26-26 as recorded in the office of the City Clerk Police Pension Fund (Number Change and Loan Authorization): A resolution to change the assigned Police Pension Fund number in the 2026 Budget, to authorize a cash loan from the General Fund to the Police Pension Fund for monthly benefit payments, and to authorize the Mayor or the Mayor’s designee to reimburse the General Fund when police pension taxes are received. Resolution 27-26 as recorded in the office of the City Clerk City Council Meeting Minutes January 6, 2026 Page 7 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Police Vehicle Purchases through Superior Ford Inc.: A resolution to approve the purchase of fifteen Ford police interceptor utility hybrid vehicles in the amount of $656,910.00 from Superior Ford of Siloam Springs, pursuant to the Arkansas state vehicle contract, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, and to approve a budget adjustment. Resolution 28-26 as recorded in the office of the City Clerk Police Vehicle Purchase through Superior Chevrolet: A resolution to approve the purchase of one Chevy Tahoe Police vehicle in the amount of $55,160.00 from Superior Chevrolet of Siloam Springs, pursuant to the Arkansas State Vehicle Contract, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price. Resolution 29-26 as recorded in the office of the City Clerk Police Evidence Collection Vehicle Replacement: A resolution to approve the purchase of one Ford Transit Cargo Van in the amount of $83,511 from Olathe Ford Sales Inc., pursuant to a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, and to approve a budget adjustment. Resolution 30-26 as recorded in the office of the City Clerk Purchase of Police Vehicle Upfitting Supplies and Services: A resolution to approve the purchase of police vehicle upfitting supplies, installation and labor services in the amount of $182,316.30 from Superior Chevrolet of Siloam Springs, pursuant to a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price. Resolution 31-26 as recorded in the office of the City Clerk Acceptance of a Project Safe Neighborhood Grant 2025-2026: A resolution to authorize acceptance of a Project Safe Neighborhood Grant in the amount of $33,629.76 for the Fayetteville Police Department, and to approve a budget adjustment. Resolution 32-26 as recorded in the office of the City Clerk 2026 Per Capita Jail Fee Agreement: A resolution to approve the Per Capita Jail Fee Agreement with Washington County for jail services in 2026 in the amount of $76,715.87. This item was pulled from Consent. Council Member Berna moved to suspend the rules and approve the Consent Agenda as read at the Agenda Session, with the exception of A. 34. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Council Meeting Minutes January 6, 2026 Page 8 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Rawn asked shall the Consent Agenda pass. Upon roll call the Consent Agenda passed unanimously. Unfinished Business: None New Business: 2026 Per Capita Jail Fee Agreement: A resolution to approve the Per Capita Jail Fee Agreement with Washington County for jail services in 2026 in the amount of $76,715.87. Fayetteville Police Chief Mike Reynolds had presented at agenda session and didn’t want to belabor the topic. He would be happy to go through it again or to answer specific questions. Council Member Stafford stated he fully supported the item and didn’t pull it to vote no. He felt it was important to take note of events from the past involving investigations conducted by the Fayetteville Police Department and the Arkansas State police into misuse of Washington County property with the jail budget and a purchase of a Bobcat Skid-Steer that was used for personal use. He questioned if there were any checks that could be put in place to monitor their spending. Police Chief Mike Reynolds clarified that the Fayetteville Police Department did not play a role in any investigation with the misuse of Washington County funds as that was handled by the Arkansas State Police. He did not know what type of check and balance could be put into place to ensure funds were not misused. All he could do was put his faith in the leadership within the Washington County government, both Washington County Judge and Sheriff. When it came to asking for additional funds to support the shortfall it was within their purview, which the Arkansas Supreme Court had clearly ruled on in the past. He stated the question may be better served for the Council Members as to how they could assure the money was being spent. Council Member Stafford wanted to bring up the concerns and was hopeful that Washington County, Sheriff’s department and jail would be more responsible with taxpayer dollars going forward. Mayor Rawn stated that Police Chief Mike Reynolds was there to answer questions about the jail agreement and did not want to put him in a situation to speak for Washington County as they were responsible for their own funds. Council Member Moore wanted to discuss what mechanisms could be added to the agreement for accountability. Fayetteville was paying a per capita rate however the Fayetteville Police Force had made many efforts in booking in less citizens, referencing cite and release. Fayetteville was 38% of the Washington County population and was only responsible for 22% of those booked in the jail. She reviewed the sanitary conditions of the jail that create safety issues for both the detained and those working. She questioned if an addendum could be added to increase accountability. City Council Meeting Minutes January 6, 2026 Page 9 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Police Chief Mike Reynolds did not have an answer to her question and defaulted to City Attorney Kit Williams. He explained he was trying as the Police Chief to do the best job he could to bring the best deal possible for the taxpayers of Fayetteville. Since the Fayetteville jail was closed in 2004, Fayetteville was paying the least additional fee than years prior, approximately $220,000.00 on average. He did not know how to resolve the issues of overcrowding or assuring that only citizens of Washington County were incarcerated. He defaulted again to City Attorney Kit Williams for possible answers to adjust the agreement between Fayetteville and Washington County. City Attorney Kit Williams agreed with Police Chief Mike Reynolds. He explained the Washington County jail was a litigation magnet. They have to have an attorney on staff at all times for any challenges that occur and the City of Fayetteville did not. When Fayetteville had its own jail, it was very exposed and had cases that led to settlements the city paid. It was beneficial for Fayetteville to not have a jail and with the Washington County Jail, Fayetteville was getting a jail at an inexpensive price that was a very good price for taxpayers. If there were problems with the jail, there were legal solutions to address it, not by the city, but by the persons that might be getting harmed. If money was being misused there was an illegal exaction that an attorney could file on behalf of a citizen taxpayer to prove the money was not used appropriately. The city did not have that right to do so. He felt the current agreement with them was the best he had seen and he wanted to see the city continue being able to incarcerate prisoners in Washington County jail. Council Member Moore then asked if anyone had lost their life in the Washington County jail over the past two years. Police Chief Mike Reynolds stated he couldn’t say but he could look into it. Council Member Moore explained that in November of 2024 Brianna Danielle Evans died in the Washington County Jail and was a Fayetteville arrest. Police Chief Mike Reynolds thanked her for reminding him. Council Member Min. Jones thanked Council Member Stafford for bringing forward his concerns. The issues she took with the contract were issues of accountability, not necessarily misuse of Washington County funds, but issues of accountability based on the jail fee agreement. She was grateful for the addendum but questioned the agreement itself and if there was any type of audit for compliance and accuracy of what was being reported. Police Chief Mike Reynolds was not sure if there were any measures that Fayetteville had in place. He felt it was something Steven Doston, Chief Financial Officer, could speak to as far as the internal accounting mechanisms for the City of Fayetteville. He assumed Washington County had an accounting or audit measure in effect to ensure the funds were spent in an appropriate manner. It was outside of his realm and didn’t know for sure. Council Member Min. Jones wanted to make sure there were compliance measures within the agreement, in addition to working with the Washington County. She commented on the lack of reports received, which made it difficult to know if the numbers reported were correct. Police Chief Mike Reynolds stated Washington County sent the data and the city took them at their word. Council Member Min. Jones then stated that no privilege was given to Fayetteville citizens housed in the jail as they were sleeping on floors due to no access to beds. Police Chief Mike Reynolds responded there was no incentive to limit, or increase, the number of arrests. He did the best he City Council Meeting Minutes January 6, 2026 Page 10 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov could to direct Fayetteville officers to only take individuals to the Washington County jail that were a danger to themselves or others. They try to be as compassionate as possible when it came to those situations and they try to be good stewards, acknowledging there’s only so much jail bed space available. Council Member Berna questioned the estimated cost of jail fees if the contract was not approved. Police Chief Mike Reynolds explained Washington County had an ordinance that enacted a daily fee. If the contract was not approved, the city would be charged $63.12 per day, per billable booking. He received a monthly report from the Washington County jail that listed how many billable booking days the city had per individual taken to the Washington County jail. On average, there were 12,000 billable booking days so the total would be around $800,000.00 per year. Council Member Berna and Police Chief Mike Reynolds discussed potential increases dictated by the quorum court. If the contract was denied and there was an increase, it would be the responsibilities of the Council Members to work it into the budget. Council Member Dr. Jones verified the amount per day the city would be charged if the contract was not approved, which was $63.12 per day for every misdemeanor arrest made and however long they were housed for. Council Member Dr. Jones then clarified that some of the concerns brought forward were not concerns that Police Chief Mike Reynolds could speak to or solve, as they were issues with Washington County and not with the city. Council Member Stafford asked City Attorney Kit Williams if there was a way to hold Washington County accountable for the tax dollars they were paid. City Attorney Kit Williams stated that the city did not have the ability to hold Washington County accountable for the tax dollars as they were a separate government agency. A citizen had the right to file a suit in court, called an illegal exaction suit, but the city could not file that. The City Council received 1 public comment regarding this resolution. Council Member Stafford moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford and Dr. Jones voted yes. Council Member Min. Jones and Moore voted no. Resolution 33-26 as recorded in the office of the City Clerk. Acquire Additional Easements and Rights of Way for the Hwy 71B Corridor (Appleby/Plainview/Rolling Hills Connection) Project: A resolution to authorize the Mayor and staff to acquire remaining easements and rights of way for the Appleby/Plainview/Rolling Hills Connection Project and to make payments to property owners that will be based on fair market value as determined by appraisals or existing value data. Public Works Director Chris Brown and City Attorney Kit Williams clarified that before Chris presented the resolution needed to be amended. The City Council was given an amended agenda item that would still accomplish the purchase of the right of way that was needed for Fiesta Square. City Council Meeting Minutes January 6, 2026 Page 11 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Moore moved to amend to Attachment #6 Additional Information - Revised Resolution. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Public Works Director Chris Brown presented on the item. The Transportation Committee had been working with staff on the project for several years. City Council had authorized right-of-way acquisition in 2020 but was advised by the City Attorney to provide more specificity. A large property north of Fiesta Square had been negotiated for right-of-way, and payment was needed for the right-of-way. The 71B Corridor Plan, which identified a parallel route from Appleby Road to Millsap, included extending Plainview to the south into the Fiesta Square shopping center and extending Rolling Hills into the center. Detailed design work had been developed with Garver Engineers. An appraisal was made for the Fiesta Square, but the property owner had concerns for the land and potential damage to the property. There were discrepancies between the appraisals and concerns from staff with what the risk might be with the design shown. The roundabout was shifted east and reduced to a mini-roundabout. Right-of-way needs were for the Rolling Hills connection to the roundabout and the section north toward Millsap. South of the roundabout, the plan used striping to help channelize the traffic to allow for connection to Appleby. The Transportation Committee had expressed concern about not fully completing the connection, but he believed this was an interim step to make the connections. The resolution was to acquire the additional rights-of-way, including the northern properties and the Fiesta Square property. Council Member Turk and Chris reviewed alternative safety barriers. It would be determined by the property owner but there were options due to it being temporary. Council Member Bunch asked if the roundabout itself was large enough to add onto and would be sufficient for future use. Chris confirmed that they could add it to the southern leg as a city street and it would fit with the design they had. Council Member Berna and Chris then discussed the street design and location of East Rolling Hills. Council Member Min. Jones and Chris discussed where the funding came from within the budget. Chris explained there was a Transportation Bond Fund authorized by voters in 2019; they had been holding onto the funds for the project. Costs had increased, causing the project to be more expensive compared to prior years. Council Member Min. Jones then asked if Chris saw any additional cost for changes in the area or if the bond fund would cover the full one to one. Chris stated the one to one was the right of way acquisition for the property to the north and the acquisition in Fiesta Square would be an additional cost, likely more than a million dollars. The estimate for the construction was approximately $6,000,000.00 but the amount could change to about $8,000,000.00 - $9,000,000.00 to complete the project. Council Member Dr. Jones asked how long the project could take. Chris stated that if they move forward with the right-of-way acquisition, they would need to finish the design and continue working with the property owner in Fiesta Square. He estimated around 18 months to 2 years for completion. City Council Meeting Minutes January 6, 2026 Page 12 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Moore stated the project would take a lot of pressure off of the 71B Corridor, acknowledging gridlock and accidents that occurred in the area. She appreciated the efforts and was looking forward to seeing it completed. Council Member Bunch stated it was not the outcome the Transportation Committee had hoped for but it was part of something that was better than all or nothing. She made a motion to pass the resolution. Council Member Bunch moved to approve the resolution. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 34-26 as recorded in the office of the City Clerk Re-Adopt the City’s Non-Residential Parking Ratios: An ordinance to re-adopt the city’s non- residential parking ratios in § 172.05 Standards for the Number of Spaces by Use. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams asked the City Council to amend to the latest Exhibit A language. Council Member Stafford moved to add Attachment # 5 Additional Information - Revised Exhibit A. Council Member Bunch seconded the motion. Upon roll call the motion passed 7- 0. Council Member Wiederkehr, Berna, Bunch, Turk, Min. Jones, Stafford and Moore voted yes. Council Member Dr. Jones was absent for the vote. City Clerk Treasurer Kara Paxton took a moment to thank Senior Deputy Courtney Spohn for her work with City Attorney Kit Williams on the amended exhibit. She stated when repealing and replacing, the exhibit was what the codification company used for reference. She added that regarding the previous item was presented as A.35 on the tentative agenda at the Agenda Session, which was the only item at the Agenda Session that was removed from the Consent Agenda. 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 7-0. Council Member Wiederkehr, Berna, Bunch, Turk, Min. Jones, Stafford and Moore voted yes. Council Member Dr. Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Wiederkehr, Berna, Bunch, Turk, Min. Jones, Stafford and Moore voted yes. Council Member Dr. Jones was absent for the vote. Ordinance 6956 as Recorded in the office of the City Clerk City Council Meeting Minutes January 6, 2026 Page 13 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov ADM 2025-0048 West Center Street & South Gregg Avenue: An ordinance to approve an amendment to the streamside protection zone mapping for property located at West Center Street and Gregg Avenue. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth stated there would be a co-presentation with City Engineer Justin Bland. He would provide background on the item before Justin went into the request itself along with the staff evaluations. The property was located in downtown Fayetteville at the southwest corner of Gregg Ave and Center Street. The most recent structure, a mid-20th century apartment building, had existed on the property until was damaged by a fire and demolished in 2021. The property had remained undeveloped and was used as a construction yard for working north of the property. The south end of the Ramble had been approved in 2024 for development of a hotel through a Planned Zoning District. The request involved off-site parking for hotel guests, mainly through valet. The background was relevant as a portion of the Tanglewood Branch Stream ran along the west and southern edges of the site where the mixed- use building was proposed. City Engineer Justin Bland continued the presentation. The request was to amend the map and remove 290 feet of the Streamside Protection Zone. The Streamside Protection Zone had been established by ordinance in 2011 and applied to any stream with at least 100 acres of the drainage area. Staff reviewed the original reasons for adopting the ordinance, emphasizing the environmental value of streamside area, removing pollutants from the stormwater, reducing erosion and sediment, stabilizing stream banks and allowing stormwater infiltration into natural ground. The city’s stormwater engineer had confirmed the banks were stable, with minor signs of erosion and no active movement. Staff had several concerns with the proposal. The main issue was that removing the Streamside Protection Zone conflicted with the ordinances purpose of protecting streams. Staff noted the city’s significant investment downstream in the Lower Ramble, warranting continued protection. The action would set a precedent, no Streamside Protection Zone had ever been removed since the ordinance was adopted in 2011, aside from an earlier correction involving the 112 Drive-in property where the mapped drainage area was inaccurate. Development Services Director Jonathan Curth finished the presentation by stating staff recommended denial of the request. When the Planning Commission considered the item, they did forward the proposal recommending it in favor of it by a vote of 6-1, with a commissioner recusing on the item. He went on to review the two conditions that were recommended with approval. The applicant, Rob Sharp, was available with a presentation. Applicant Rob Sharp presented on the item. The project was a continuation of the Cultural Arts Corridor, noting that the city had invested $31,000,000.00 along the corridor. The hotel project previously presented relied on this site for its off‑site parking, and the proposed development was a private‑sector response to the city’s investment. Amending the Streamside Protection Zone map would allow construction of the parking structure, as well as new housing and retail on the Razorback Greenway within the Cultural Arts Corridor. The development team had hired Olsson Engineers, who had engineered the Ramble, to handle the project due to their experience designing the Lower Ramble. Much of the discussion at the Planning Commission and with city staff had City Council Meeting Minutes January 6, 2026 Page 14 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov focused on water-quality measures. The project included an on-site stilling basin for sediment, a weir, and potential features to filter trash out of the stream. He noted that the stream currently collected litter such as bags and cups, and that on-site management and residents would help keep the area clean. He stated that the project would result in a net improvement to water quality. He compared the proposal with a surface parking lot that would contribute more pollutants from vehicles, where placing cars under a roof would reduce environmental concern. He discussed efforts to make the stream more visible and experiential. Currently, the water was hidden in a culvert under Center Street. The team was working with Olsson to design features that would allow people to see and hear the water, participating in the Lower Ramble experience. He stated that from a water quality and land use perspective, building 42 homes on a .6 acre lot was better compared to potentially building somewhere else creating a more impervious area. He mentioned that previously the City Council had suggested they add housing instead of parking and he believed the current project was a better solution. He was available for questions as was an engineer from Olsson. Council Member Turk started off by asking how many square feet were buildable without vacating or removing the stream side protection. Rob stated 60% of the site could be developed currently and they were asking for 40% more of the site. She then requested more information on the trash filtration for the neighborhood. Rob explained it would have a stilling basin so that sediments could drop off and a weir would catch plastic bags, acting as a filter for the underground storm water. Any maintenance would be the responsibility of the property owner and he felt that the residents would be concerned if the stream was full of trash. Council Member Turk had concerns on what the city’s maintenance would be as their responsibility was at the bridge. Rob agreed that the city’s responsibility ended at the bridge. He mentioned there was a northwest corner of the property that showed on GIS maps that it belonged to his client but the survey and the deed showed it belonging to someone else. He felt there should be a quit claim deed so the client would have clear responsibility to maintain the property. Council Member Turk then questioned their plan to improve the water quality. Rob explained that they compare existing impervious area that were currently there with what they were actually providing. Based on drainage standards, they would make sure to treat all of the additional impervious area for the site. Council Member Min. Jones questioned if flooding and erosion contributed to staff not approving of the site. Jonathan stated it was not explicitly a reason. There were concerns about the potential for extreme rain events that may impact downstream to the Lower Ramble where the improvements were made. It was assumed that the developer would absorb all the cost for the improvement of the stormwater, which was usual for any project. Council Member Stafford, Jonathan and Justin discussed the staff’s objections to the site. Jonathan stated that by putting the entirety of the stream and a culvert, the developer was immediately removing the opportunity for infiltration. It would limit the opportunity for the wildlife associated with the stream and there were some urban heat island effects that were mitigated by having streams, not because of the water, but because of the vegetation associated with those streams. Council Member Stafford felt that it seemed like what the project was doing was extending the culvert to where it’s daylighted by 100 feet and adding the benefit of filtration. Chief of Staff Kieth Macedo stated the benefits would have to be weighed. He felt the project made sense for its location and would provide not only parking but housing too. Staff had a streamside ordinance City Council Meeting Minutes January 6, 2026 Page 15 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov they had to enforce. It was mentioned that a part of staff’s concerns was that the project would set a precedent. Council Member Stafford asked if there was a way to ensure they were not setting a precedent as he agreed with Chief of Staff Keith Macedo that the project was more of a special situation. Jonathan stated that a request similar to this project stood on its own merit but any language the City Council could add to the final decision could help inform staff’s direction moving forward as well as potential policy direction. Council Member Moore asked what changes would happen to the streamside if it stayed a parking lot. Justin explained that with the way the ordinance was written, any further encroachments would require a variance request. Oftentimes as part of that, the city would ask for some sort of mitigation on site or possibly stream bait stabilization down or upstream. The developer would not have to do any improvements to the way the stream channeled today. Council Member Moore then questioned if the Lower Ramble had seen any damage when it experienced large rain events since improvements. Public Works Director Chris Brown stated the Lower Ramble improvements had settled in and the area was very stable. Council Member Moore stated she had heard differently. Chris replied that there were sections both up and downstream that were less stable but it had become more stable. Justin stated it could use some additional stabilization in the future but there was nothing significant at this point in time. Council Member Moore then asked if the area was vacated if it would be possible to create the extra stabilization and then filter out pollutants in the Lower Ramble. Justin stated that with the proposed project, all the water would be routed through the new concrete box culvert. There would be no question about stabilizing the water as it wouldn’t be affecting the existing stream through the area. Council Member Berna and Jonathan then discussed what was considered to be substantial changes in the project. The standards by which the developer presented their project would need to be met or exceeded, if not they would need an explanation for why they were reduced. As it related to the drainage criteria, it segued into that the developer must not only meet but exceed the city’s standards in that regard. Council Member Turk proposed the developer be responsible for the filtering and removal of all trash and maintenance at the streamside appreciation zone and further downstream where the pipe at the water exits the property. Rob felt the amendment met the spirit of what they had committed to. He added that it might need to be changed to building owner rather than developer. Council Member Turk was happy with that change. Council Member Turk moved to amend to add Section 3 that states the building owner is responsible for filter & removal of all trash and maintenance at the streamside restoration zone and further down where the pipe exits the property. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Council Member Wiederkehr expressed concern about precedent and future implications. He appreciated Council Member Turk’s amendment and the staff’s caution. He wanted to acknowledge the Development Services department for their good work for the community. Council Member Stafford understood Council Member Wiederkehr’s comments but didn’t believe it set a precedent. He liked that the project was not just a parking lot, but additional housing. He was hopeful for the improvement of the water quality and appreciated the developer supporting City Council Meeting Minutes January 6, 2026 Page 16 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov the amendment. He thanked Council Member Turk for their amendment and thought the item was a worthy project that he was in support of. Council Member Turk thanked her fellow Council Members for approving the amendment. She was also concerned about precedent and was trying to figure out language that would be more restrictive than saying they remove it from the streamside protection ordinance. She also worried about future implications by setting a precedent. She asked if City Attorney Kit Williams had any ideas of a way to make the item more restrictive so as to not set a precedent. City Attorney Kit Williams thought the City Council had successfully done that. He thought the project was a unique situation and that was why the City Council would be allowing the removal. Council Member Bunch assumed that any proposals that came in the future asking for something similar, the City Council would weigh whether they were unique enough to deviate from the streamside ordinance. Council Member Bunch felt that she could support the item with the addition of Council Member Turk’s amendment to keep the stream clean. She shared Council Member Wiederkehr’s concern on the project setting a precedent but felt they could base their decision off of what City Attorney Kit Williams had said. Council Member Berna initially was very excited about the project when he first heard about it but in thinking about the potential precedence it gave him pause. He felt that the project was much better than a parking lot and felt the design met with what the community had said in the way they want mixed use areas. He was in support of the item and made a motion to suspend the rules and go to the third and final reading. Council Member Berna 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 Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Stafford, Dr. Jones and Moore voted yes. Council Member Min. Jones voted no. Ordinance 6957 as Recorded in the office of the City Clerk VAC 2025-0028 West Cato Springs Road & South Emma Avenue: An ordinance to approve VAC- 25-28 for property located southwest of West Cato Springs Road and South Emma Avenue in Ward 1 to vacate 0.01 acres of right-of-way. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth presented on the item. The request was for a small right-of-way vacation in south Fayetteville along the frontage of two lots on the south side City Council Meeting Minutes January 6, 2026 Page 17 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov of Cato Springs Road, between Emma Avenue and Coleman Avenue. It involved vacating approximately 310 square feet of right-of-way. Staff recommended approval. The Transportation Department initially raised concerns that conflicted with Engineering and Planning staff, the groups resolved the issue after reviewing the Master Street Plan standards and development code requirements. The Transportation Department withdrew its concern, and all departments supported the request with two conditions: that any damage or relocation be at the developer’s expense, and that AT&T facilities be protected through easements as needed. The Planning Commission forwarded the request to the City Council with a 6–1 vote. Council Member Moore 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 Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6958 as Recorded in the office of the City Clerk VAC 2025-0031 South Hollywood Avenue: An ordinance to approve VAC-25-31 for property located at 907 South Hollywood Avenue in Ward 1 to vacate 0.10 acres of general utility easement. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth presented on the item. The request was to vacate a utility easement covering the northern third of the property, over 4,300 square feet, to prepare the site for redevelopment. Staff found no issues, and all franchise utilities consented to the proposal, with two conditions: the standard requirement that any damage or relocation be at the developer’s expense, and the possibility that SWEPCO might require overhead service relocation depending on the final development plans. The applicant was available for questions. Council Member Turk questioned why there was such a large easement. Jonathan stated the area had an overhead electric line, but that did not prevent it from being relocated. He didn’t know the exact origins but as far as staff could determine, the only franchise user of it was SWEPCO and all other franchise users consented to it being vacated. 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. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. City Council Meeting Minutes January 6, 2026 Page 18 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Ordinance 6959 as Recorded in the office of the City Clerk RZN 2025-0050 West Michael Cole Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025-0050 for approximately 7.67 acres located at 5901 West Michael Cole Drive in Ward 4 from R-A, Residential-Agricultural to RI-12, Residential Intermediate, 12 Units Per Acre and CCR, Conservation, Cultural, and Recreation subject to a conservation easement. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth presented on the item. The request concerned a property in west Fayetteville located where Michael Cole Street runs south and segues into an east t/west street. A substantial portion of the land was within the floodplain. The property had an odd shape, and the rezoning request involved three parts. First, the area surrounding the existing house and adjacent buildings would remain zoned Residential Agricultural. Second, the portion near Michael Cole, generally outside the floodplain and representing about 54% of the rezoning area, would be rezoned to Residential Intermediate-12 units per acre. Third, the remaining 3.5 acres would be rezoned to Conservation, Cultural, and Recreational. Staff found the request compatible with surrounding land uses, noting that Residential Intermediate-12 would complement nearby single and two family dwellings, and that Conservation, Cultural, and Recreational was appropriate for land encumbered by floodplain and floodway. The proposal also aligned with the property’s split future land-use designation of Residential Neighborhood and Natural Area. Because this was the first Conservation, Cultural, and Recreational request reviewed by both staff and the legal department, additional questions arose while finalizing the conservation easement. Staff recommended leaving the item on first reading to allow time to complete the necessary documents before the January 20 City Council meeting. During the City Council tour, questions were raised about access, since both Michael Cole and Brooks Drive were dead-end streets; the developer intended to connect them to improve circulation and meet fire code requirements. Street improvements such as sidewalks and curb-and-gutter would be evaluated at the time of development, with safety and pedestrian access as priorities. Staff also noted the possibility of locating detention within the floodplain, which could provide ecological benefits if designed with required native plantings. The Planning Commission had forwarded the request unanimously, and staff recommended approval while requesting that the item was left on the first reading. Council Member Min. Jones and Jonathan discussed overlap with the floodway and the building. Jonathan stated the zoning districts did not perfectly align with the floodplain but they were intended to generally follow it to the extent possible. They then discussed requirements for the Federal Emergency Management Agency permitting. Council Member Turk and Phil Swope, applicant, cleared up discrepancies in how many acres were included. She also requested clarification on who held proper ownership of the property as it would be dedicated as an easement in perpetuity to the city. City Attorney Kit Williams stated that if the same person owns the underlying property and the easement, then it’s merged. He would seek clarification from City Attorney Blake Pennington as he primarily worked on the ordinance. City Council Meeting Minutes January 6, 2026 Page 19 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk also requested clarification on if there would be public access as she thought the stream was beautiful and could use a boardwalk in the future. Phil stated he would speak with the client and see. Council Member Stafford requested more overlay maps that might help the City Council see where the floodway cut across different zoning or development. Phil responded they would be happy to do that and bring it to the next meeting. He added that the floodplain clearly cut through both the Residential Agricultural and Conservation, Cultural and Recreation proposed zones. Council Member Stafford followed asking if the floodplain came up into the development and by how much. Phil stated he would check and see but they will comply with all floodplain requirements on the development. They then discussed the density and how many units would be built; they showed 12 units per acre. Council Member Stafford requested a diagram of what that would look like. City Attorney Kit Williams cautioned the City Council stating they did not need to be considering the possible development of the rezoning, only what was presented at the City Council meeting. Council Member Stafford stated he was concerned about where the floodplain interacted with the development, which he thought was something he could consider. City Attorney Kit Williams explained they could consider it as it cuts across and if it cuts across the Residential Intermediate-12 zoning. Just because a property was zoned Residential Intermediate-12 didn’t mean they would build on every part of the parcel, especially with a flood plain. But that would be a development issue and not a rezoning issue, unless they felt like the land should not be zoned to a 12 unit density. Council Member Stafford did not think floodplains should be developed for high density residential. Jonathan added that his staff would work with the applicant to have an overlay of the zoning districts and the floodplain. Council Member Stafford asked if there would be a tour scheduled. Jonathan stated a tour had already occurred on January 5, 2026. This ordinance was left on the First Reading. RZN 2025-0060 West Mount Comfort Road: An ordinance to rezone the property described in rezoning petition RZN 2025-60 for approximately 2.90 acres located at 3816 West Mount Comfort Road in Ward 4 from RSF-1, Residential Single-Family, One Unit Per Acre to P-1, Institutional. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth presented on the item. The request was to rezone the property from Residential Single Family-1 to Institutional zoning to reflect its continued use as a church. Staff found the rezoning compatible with surrounding land uses, noting that the church had not generated nuisance issues, complaints, or traffic concerns. Staff determined that the request aligned with the future land-use map, as institutional uses often need to coexist with both residential and nonresidential areas to meet community needs. Staff recommended approval, and the Planning Commission forwarded the request to the City Council with a unanimous 6–0 vote and no public comment. City Council Meeting Minutes January 6, 2026 Page 20 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 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 Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6960 as Recorded in the office of the City Clerk RZN 2025-0058 South Futrall Drive & South Root Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025-58 for approximately 9.02 acres located at South Futrall Drive and South Root Avenue in Ward 1 from RSF-4, Residential Single-Family, 4 Units Per Acre to NS-G, Neighborhood Services – General. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth presented on the item. The property consisted of over nine acres and remained undeveloped. In 2021 a request to rezone the property from Residential Single Family-4 to Urban Thoroughfare was denied by the Planning Commission and again by the City Council in early 2022. A subsequent request for Community Services zoning was also denied by the City Council, despite a favorable recommendation from the Planning Commission. The current request before the City Council was to rezone the property from Residential Single Family-4 to Neighborhood Services-General. Staff recommended approval, finding the request compatible with surrounding land uses. Neighborhood Services-General allowed low to mid intensity residential and nonresidential uses that could complement nearby multifamily housing to the south and east, as well as the property’s highway frontage, which could support commercial development. Staff also found the request consistent with long-range planning goals. The property carried a split future land-use designation that aligned with the Hillside Hilltop Overlay District. Neighborhood Services-General was considered appropriate for the site’s challenging terrain and its dual street frontages, not just the one-way access from Futrall Drive. The request originally came to the Planning Commission as Community Services zoning but was amended to Neighborhood Services-General before being forwarded to the City Council. One public comment was received, expressing concerns about drainage and runoff affecting apartments to the south. The Planning Commission ultimately forwarded the request with a unanimous 7–0 vote recommending Neighborhood Services-General. Council Member Turk and Jonathan discussed the slope of the property. Jonathan did not have that information immediately available but could try to track the information down. Council Member Turk requested explanation on the justification of changing the applicants request from Community Services to Neighborhood Services-General. Jonathan explained that the Planning Commissions concern was that Community Services allowed taller building, up to five stories and multi-family structures by right, which can have larger footprints and may not be as conducive to the terrain. Neighborhood Services-General allowed for smaller building, smaller footprints and multi-family structures were allowed as a conditional use in the zoning district. City Council Meeting Minutes January 6, 2026 Page 21 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 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 failed 5-3. Council Member Wiederkehr, Berna, Bunch, Dr. Jones and Moore voted yes. Council Member Turk, Min. Jones and Stafford voted no. Mayor Rawn declined to vote. Council Member Turk thanked the City Council for holding the item and not advancing it. She felt a tour would be very helpful to see the topography and the issues in the area. She requested a topography map as well. Mayor Rawn thanked everyone for understanding why she declined to vote. It was not about not being supportive of the project, which she was. She was wanting to allow more time for the Council Members that requested it. Council Member Stafford stated he would like to have a better understanding of the project and appreciated Council Member Turk’s request. This ordinance was left on the First Reading. RZN 2025-0059 South Futrall Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025-59 for approximately 1.37 acres located at South Futrall Drive in Ward 1 from RSF-4, Residential Single-Family, 4 Units Per Acre to NS-G, Neighborhood Services – General. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth presented on the item. The request concerned a property located northwest of the previous item, accessed from Futrall Drive. Similar to the previous item, the proposal was to rezone the site from Residential Single Family-4 to Neighborhood Services-General. Staff found the request consistent with surrounding land uses and long-range planning goals. Neighborhood Services-General was considered an appropriate zoning district to complement nearby development and the adjacent transportation corridor. Because the Planning Commission heard this request alongside the previous one, public comment was received jointly. After reviewing the comments and submitted materials, staff determined that the concerns, primarily related to runoff affecting multifamily housing to the south, were directed at the earlier item rather than this property. Staff recommended approval, and the Planning Commission forwarded the request to the City Council with a 6–1 vote. Council Member Stafford and Jonthan discussed possible connections for the property. The property only had access to Futrall Drive directly. Applicant Robert Wells presented on the item. He stated the property was a challenging site to develop. He noted that the second, smaller piece of property was unlikely to be developed and would be better suited as a trail access point or trailhead. He did not want to create access to Futrall Drive as it was not conducive to safety and not conducive to what the area was supposed to look like. He had discussions with the Fayetteville Fire Department and anything over 30 dwellings City Council Meeting Minutes January 6, 2026 Page 22 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov would require two access points on the 9 acre site. He would prefer to have 30 dwellings or less, so as not to provide access onto Futrall Drive. He mentioned the possibility of using an existing gravel road as a fire access only route, but nothing was confirmed. The Planning Commission’s concern with Community Services zoning was that it allowed for a more intense development compared to Neighborhood Services-General which was less intense. He felt that was acceptable as the property was a special site that was difficult. He was trying to leave as many trees as possible and disturb as little as possible. Council Member Turk requested a topography map for the property. She would like to find out what restrictions there were with the sewer line road up to Markham Hill. Robert stated that it was technically not a road, it was a dedicated sewer easement to the City of Fayetteville and the Markham Hill conservation easement that attached to it was due east of the small triangle piece. This ordinance was left on the First Reading. RZN 2025-0057 West Ozark Trail: An ordinance to rezone the property described in Rezoning Petition RZN 2025-57 for approximately 0.26 acres located at 4550 West Ozark Trail in Ward 1 from R-A, Residential-Agricultural to RI-12, Residential Intermediate, 12 Units Per Acre. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth presented on the item. The request was for a property in southwestern Fayetteville, located on the western border with Farmington. The applicant wanted to rezone the land from Residential Agricultural to Residential Intermediate-12. Staff was in favor of the request, noting that Ozark Trail contained a mix of lot sizes and that Residential Intermediate-12’s medium-sized lots could complement the area. Staff found the request consistent with the City Neighborhood designation in the future land-use map. When City Plan 2040 was adopted, the future land-use map incorporated both Fayetteville’s and Farmington’s long-range goals. Staff emphasized that, due to the property’s size, Residential Intermediate-12 zoning would only allow a single-family home or a duplex; the lot was too small for a triplex or four-plex. Farmington’s future land-use map envisioned more intense, particularly commercial, development along the Highway 62 corridor. Staff believed that allowing slightly higher residential density on this parcel aligned with both cities’ long-range plans. Public comments raised concerns about potential runoff from future development, but staff was recommending approval. The Planning Commission forwarded the request to approve the Residential Intermediate-12 rezoning. Council Member Turk and Jonathan discussed why Residential Intermediate-12 was chosen was it was an intense zoning designation, considering they could only put one house or a duplex. Jonathan stated that Residential Intermediate-12 was the lowest intensity zone district that allowed duplexes by right. He believed there was up to 70 feet of frontage that could only be developed with one single family home or one duplex. Council Member Stafford clarified the property would not fit a triplex. City Council Meeting Minutes January 6, 2026 Page 23 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 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 Rawn noted that Jonathan pointed out that the Residential Intermediate-12 was the lowest density Fayetteville had that still allowed for a duplex. She thought it would be great if at some point in the future they could consider what it would look like to be able to put duplexes in more zoning designations. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6961 as Recorded in the office of the City Clerk Announcements: City Attorney Kit Williams announced that on March 1, 2026 he would begin his 26th year of service as Fayetteville City Attorney. He was grateful to have been entrusted by Fayetteville citizens for his wonderful and fulfilling job, he could not imagine a more honorable and satisfying legal position. He commented on how the population of Fayetteville had grown since he was first elected as a City Council Member in 1992. He believed that the careful and wise leadership of the four elected Mayors and 17 City Council’s since then had been instrumental to help keep Fayetteville in the top 10 places to work, live and raise a family. He announced that 2026 would be his last year to serve as the City of Fayetteville City Attorney. He could confidently retire because Senior Assistant City Attorney Blake Pennington had the integrity, knowledge and expertise to provide the same quality legal service to the City of Fayetteville. He mentioned Blake’s years of experience advising the Planning Commission, City Council, reviewing contracts, advising City Staff and writing ordinances and resolutions. He felt Blake was well prepared and very competent to become the next Fayetteville City Attorney. He mentioned Assistant City Attorney Hannah Hungate who would be assisting Blake with all litigation matters. She had prevailed in Circuit Court, Arkansas Supreme Court and in the federal court defending the decisions of the City Council and Mayor. He felt the highly qualified and capable City Prosecutor Brian Thomas and his outstanding staff along with the excellent City Attorney’s office would continue to provide Fayetteville citizens with the competent and fair legal services they deserved. He looked forward to many years of happy retirement in the city that he loved. He extended his heartfelt thanks to Fayetteville citizens for entrusting him with the honorable position of Fayetteville City Attorney and it was an honor to serve with staff. City Council Agenda Session Presentations: None City Council Meeting Minutes January 6, 2026 Page 24 of 24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Tour: Agenda Item C.3: ADM 2025-0048 West Center Street & South Gregg Avenue: Date & Time: January 5, 2026 at 3:00 PM Address: Southwest Corner of W. Center Street and S. Gregg Avenue (“601 W. Center Street” may work in Google Maps) Parking: On-street the east side of Gregg Avenue, on-street along West Avenue, or in the Library parking garage Agenda Item C.6: RZN 2025-0050 West Michael Cole Drive: Date & Time: January 5, 2026 at 4:15 PM Address: 5901 W. Michael Cole Drive Parking: On-street along W. Michael Cole north of the property Adjournment: 8:21 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer