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HomeMy WebLinkAbout2026-01-20 - Minutes -City Council Meeting Minutes January 20, 2026 Page 1 of 20 Council Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting January 20, 2026 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Min. Monique Jones Ward 4 Position 2 A meeting of the Fayetteville City Council was held on January 20, 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: A Proclamation to Honor the 2025-2026 Fayetteville High School Cheerleading Team & Coaches Mayor Rawn acknowledged the Fayetteville High School Varsity Cheerleading Squad that was in attendance. They had done tremendous work over the past year and was headed to a competition in Orlando. She wanted to thank them for all of the work they did and acknowledged those who were not able to attend the meeting. She proceeded to read the proclamation as presented. City Council Meeting Presentations, Reports, and Discussion Items: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 2 of 20 Dr. Martin Luther King Jr. Brotherhood Award Presented by City Attorney Kit Williams City Attorney Kit Williams stated it had been his honor and privilege to recognize a worthy recipient of the City of Fayetteville Dr. Martin Luther King Jr. Brotherhood Award. The award was given annually in recognition of the city employee whose service to the city best exemplified Dr. Martin Luther King Jr.'s dream of equality, justice, brotherhood and service. Although a single person was being honored, he recognized the many city employees and officials who work hard to make Fayetteville a great place to live, work and raise a family. City of Fayetteville employees strive to be responsive to citizen needs, do their jobs diligently and efficiently as they service the citizens and community with fairness, courtesy and competency. He felt very lucky to be able to work alongside the dedicated city employees that ensure Fayetteville remained a welcoming community. He recognized Assistant Human Resources Director Michele Bechhold who worked for the city for over 37 years, serving virtually every employee in her role, giving her the opportunity to work in support of equal opportunity and access. She had promoted and applied consistently fair policies within the workplace and had long helped orientate and educate new employees on city benefits. She assisted in the expansion of access to domestic partners for city benefits and to provide equitable pay. She had proctored employment aptitude tests for the hiring of virtually every police officer and firefighter, and later their promotions. She assisted employees needing counseling and other services through the city's employee assistance plan. She had touched the lives of all current and past city employees during the last 37 years. It was his honor and privilege to present the award to her. Assistant Human Resources Director Michele Bechhold thanked City Attorney Kit Williams. She felt it was an honor to receive the award and an honor to serve the city and its employees for over 37 years. Fayetteville Youth Advisory Council Progress Report Deputy City Clerk Codifier Chanci Fondren introduced two members of the Fayetteville Youth Advisory Council, Blythe Heimer and Jay Hong. She mentioned the work the Fayetteville Youth Advisory Council had done in building the council from the group up and shaping it with a clear vision for Fayetteville's future. In their following presentation, they would be speaking on the initiatives they've launched, issues that drove them and their goals. She emphasized how meaningful it was that Mayor Rawn attended their meanings and engaged with them as partners in civic leadership. She invited the City Council to attend Fayetteville Youth Advisory Council meetings and encouraged them to work with the students, collaborate and help strengthen their work. Chair of the Fayetteville Youth Advisory Council Blythe Heimer presented on the Fayetteville Youth Advisory Council and her experience starting the council. She stated the council was sponsored by Mayor Rawn and led by Deputy City Clerk Codifier Chanci Fondren. The council was formed by 8 high school students attending Haas Hall Academy and Fayetteville Highschool, with the goal to advocate for youth voices within the city. She recounted establishing bylaws and learning about the Freedom of Information Act along with 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 3 of 20 Robert's Rules of Order and Procedure. It had been challenging at times but was rewarding being able to be involved within their city. Co -Chair of the Fayetteville Youth Advisory Council Jay Hong presented on the initiatives of the council. The council had contributed a new perspective to city planning projects by sharing how teens experience and move through the city. That included input on sidewalk accessibility done with the collaboration of Washington Elementary School. The council provided feedback related to the environmental impact of Ramay Junior High School new building, the Downtown Master Street Plan and gave support to the adoption of the storm water utility fee and disclosure of rental fee and costs. In March of 2025 the council hosted their first event, a cleanup of Mud Creek Trail, and managed to collect 40 bags worth of trash. They had another cleanup scheduled for March of 2026 and invited the City Council to attend. He reviewed their other initiatives and spoke on the council creating a list of volunteer opportunities for high school students to assist with meeting the state regulated 75 hours of community services before graduation. One of the most significant accomplishments was the passage of the Safe Storage Resolution. The resolution directly emphasized the purpose of the Fayetteville Youth Advisory Council, demonstrating the council's ability to work with student organized groups, adding a spotlight on student concerns and turning initiatives into real impact. He stated all of the successes were made possible because of the unique views of the youth in Fayetteville working to fill in the gap. Chair of the Fayetteville Youth Advisory Council Blythe Heimer reviewed the council's future goals. Quoting Council Member Mia Alansari, Blythe stated she hoped the council would have continued passion for sustainability and the environment, keeping Fayetteville safe and clean. Council Member Aniruth Satish worked to advocate for mental health awareness and resources within the community, adding that the council would be hosting a mental health art wall at the community art wall of Poplar St and the Razorback Greenway. She stated that was only a fraction of their hopes for the council, but their ultimate goal was to continue advocating for all members of the community, youth or not. She invited the City Council to join them for a meeting and invited them, and members of the community, to come if they have an idea or a need within Fayetteville. They wanted to support the community and make sure they felt heard. She was remarkably proud of the Fayetteville Youth Advisory Council and the members within it. They would continue to work hard for Fayetteville, and all in Northwest Arkansas. Mayor Rawn thanked Blythe and Jay for their service to the council. She had the pleasure of attending several of their meeting and always left inspired by the depth of sophistication the council brought to their meetings. Agenda Additions: None Consent: Council Member Berna moved to suspend the rules that require Mayor Rawn to read the consent agenda. Council Member Stafford seconded the motion. Upon roll call the motion 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 4 of 20 passed 7-1. Council Member Berna, Bunch, Turk, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Min. Jones voted no. Council Member Stafford moved to accept the Consent Agenda. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. National League of Cities Southern Cities Economic Initiative Implementation Grant Acceptance: A resolution to authorize the acceptance of a Southern Cities Economic Initiative Planning Grant in the amount of $55,000.00 to support a project to inventory vacant residential properties and pilot a workforce development program focused on affordable housing rehabilitation and repair, and to approve a budget adjustment. Resolution 35-26 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc. Amendment No. 3: A resolution to approve Amendment No. 3 to the Professional Engineering Services Contract with Hawkins -Weir Engineers, Inc. in an amount not to exceed $976,480.00 for construction management and field observation services associated with utility relocations along Highway 112, and to approve a budget adjustment. Resolution 36-26 as recorded in the office of the City Clerk Franchise Agreement with Trash Haulers, LLC: A resolution to approve an agreement with Trash Haulers, 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 37-26 as recorded in the office of the City Clerk Approve Recycling Cart Purchases through Shaefer Plastics: A resolution to approve the purchase of recycling carts and related products and services from Schaefer Plastics of North America, LLC for the initial amount of $1,333,274.45 plus any applicable taxes pursuant to a Sourcewell Cooperative Purchasing Contract, to approve a project contingency in the amount of $133,327.45, to authorize the future purchase of recycling carts and related products and services as needed within the approved budget through April 4, 2029 and any future renewal periods, and to approve a budget adjustment. Resolution 38-26 as recorded in the office of the City Clerk ARPA Budget Reallocation: A resolution to commit $3,750.00 in returned American Rescue Plan Act funds to the Childcare Assistance Program, and to approve a budget adjustment. Resolution 39-26 as recorded in the office of the City Clerk Mental Wellness Program for the Fayetteville Fire Department: A resolution to approve a contract with Nikki Penn Counseling and Consulting PLLC to provide a mental awareness program for the Fayetteville Fire Department in the amount of $75,000.00 per year with automatic renewals for up to four additional years. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 5 of 20 Resolution 40-26 as recorded in the office of the City Clerk Police/Fire Radio Replacement: A resolution to authorize the purchase of radio equipment from Motorola Solutions Inc. in the amount of $2,561,648.79 pursuant to a NASPO Cooperative Purchasing Contract. Resolution 41-26 as recorded in the office of the City Clerk Unfinished Business: RZN 2025-0046 North Penelope Lane: An ordinance to rezone the property described in rezoning petition RZN 2025-46 for approximately 2.58 acres located at 2097 North Penelope Lane in Ward 4 from R -A, Residential -Agricultural and RMF-24, Residential Multi -Family, 24 units per acre to RI -U, Intermediate -Urban. For item history from November 4, 2025 through December 2, 2025, please contact the Office of the City Clerk Treasurer. At the December 16, 2025 City Council meeting, this ordinance was left on the third and final reading and tabled to the January 20, 2026 City Council meeting. Council Member Bunch verified the item was at the third and final reading. She then moved to suspend the rules and allow the applicant to present if he had anything to add or if the public had comments. Council Member Stafford seconded her motion. Mayor Rawn, City Attorney Kit Williams and Council Member Bunch clarified her motion. Council Member Bunch moved to suspend the rules and allow city staff to present, applicant to present and to take public comment. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Development Services Director Jonathan Curth had no update on the item. He was happy to answer any questions and did have visual presentation from the applicant. Mayor Rawn requested a brief summary before the applicant presented. Development Services Director Jonathan Curth explained the item went to the Planning Commission in October and staff was against the item then and now. Staff recommended denial due to concerns about the amount of floodplain on the property and its history, including a prior downzoning from Residential Single -Family 4 to Residential Agriculture to offset the upzoning of the northern portion for a subdivision. The applicant proposed to further downzone a portion of the property in the floodway of the property, and as a balancing point to that upzone, an area immediately of that from Residential Agriculture to Residential Intermediate Urban. The Planning Commission felt that Fayetteville's floodplain regulations were adequate and forwarded the item to the City Council by a vote of 8-1. The City Council denied the request at the subsequent meeting and brought the item back for consideration, immediately tabling it to give the public time to be aware that the item was being reconsidered. The applicant then requested it 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 6 of 20 be tabled for two meetings given the volume of work and interest in the agenda, along with other items. He was available for questions. Applicant Tracy Hoskins presented on the item. Around 2015-2016, another developer proposed the Westview Meadows project and, without the property owners' knowledge, made promises and stipulations with the balance of their property that he did not own or control. As a result, the current owners were left with the remaining property, part of which had been down zoned from Residential Single Family - 4 to Residential Agriculture. The property consisted of roughly eight to nine acres, with the southern five acres zoned Residential Multi -Family - 24, allowing high density apartments, and the northern portion zoned Residential Agriculture. Fayetteville had limited developable land left, pushing development into hilltops, slopes, and low lying areas. His intention was to develop patio homes and townhomes similar to his Oak Brook project, not apartments, and to include a small park in the low areas while being careful within the floodway zones. He believed the proposal was preferable to what could be built under current zoning, which allowed both very low -density Residential Agriculture development and very high density Residential Multi -Family - 24 development. He would not build Residential Multi - Family - 24 apartments and would sell it off to another developer. He noted that, in years of experience, he had never been a part of a rezoning voted on the first night and had expected feedback with the City Council. He requested to table the item again to allow meetings with all Council Members on site to explain his intentions. He addressed concerns about density raised at a prior City Council meeting, stating that unfettered density had never been the intent and that property constraints already limited what could be built. He was willing to include a density cap through a bill of assurance. He sought Residential Intermediate -Urban zoning only because it was the one zoning district that allowed 18 foot wide lots needed for townhomes. He hoped for dialogue with the City Council to create a project similar to Oak Brook, including a neighborhood park and more affordable homes. He was available for questions. Council Member Min. Jones and Jonathan discussed the infield score for the property and what the access point was. Jonathan stated the infill score was 3 - 5 dependent on where you looked on the property. There was a subdivision to the northwest that had an access easement and private driveway that connected from the subdivision to approximately 12 houses that were in the upper righthand corner. The applicant proposed to connect to the north and south side of the creek. The developer also had plans to attempt to connect to the lower right hand corner at a different point in the subdivision. Council Member Stafford and Jonathan discussed the location of the floodplain and floodway in relation to the project. Council Member Dr. Jones then asked if staff was in support of the item, which they were not, but the Planning Commission did forward it to the City Council with a vote of 8-1. Council Member Dr. Jones then asked the applicant if he wanted the item to go to a vote at the meeting. Tracy believed the best route would be to have dialogue with the City Council and go over the plan with the development; showing what the plan was and how they would execute it. He felt that if given the opportunity, the City Council would be in support of his plan. He reviewed his experience with building in Fayetteville and offered full disclosure that he would not build in the creek because they couldn't and that decision wouldn't change based off the zoning. He spoke on the natural restrictions of the area and how many units could be built 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 7 of 20 practically. He did visit with the fire department at length and they were very supportive of the project. He apologized for not being familiar with the infill scores. Council Member Berna asked if the applicant had spoken with the neighbors to address any of their concerns. Tracy stated he had not yet. He did meet with neighbors to the south but none from the north due to the holidays, which was why he was asking to table the item, to allow the opportunity to meet with the neighbors and at least the Ward 4 Council Members. Council Member Bunch then asked why he chose not to do a Planned Zoning District. Tracy stated that two years ago his staff architect of 20 years passed away and didn't have him to do the graphics and to help make that decision. Council Member Turk stated the City Council wanted to see the plans for the project well in advance and not at the last minute. She felt he had plenty of time to speak with the neighbors, commenting that many had reached out to her with their concern. She was disappointed he hadn't done any outreach. Tracy stated his engineering company had contacted neighbors to the north and called several of them. They had not received any feedback or calls back. He understood what she was saying but stated it was not accurate. Council Member Turk recalled his conversation with Council Member Berna where Tracy had stated he did not reach out to the neighbors. Tracy clarified that he meant he did not have any meetings with the neighbors in person. Council Member Moore clarified with Tracy that there was an existing crossing in the area they would be accessing with the project. The City Council received 6 public comments regarding this ordinance. Council Member Berna and Jonathan discussed the current zoning of the property, with a split zoning of Residential Multi Family - 24 and Residential Agriculture. Jonathan was not sure what the ultimate unit count would be for the property as they could only develop a portion of the property due to standards set by the city. Council Member Berna then questioned the applicant's willingness to do a bill of assurance and asked if he had spoken with Jonathan about it. Jonathan stated the applicant could come back to the City Council if they wanted to modify the request and offer a bill of assurance, it was not something that the City Council could require. His recommendation on behalf of staff was to pursue a Planned Zoning District as he could but was unable to identify a zoning district that could not only fit the applicants' needs but also have staff support. Council Member Wiederkehr was not sure with the way the project had evolved if it was the same project the Planning Commission had forwarded. His hesitation was he didn't want to have the project to continue to evolve and come back to City Council repeatedly. He preferred the item not be tabled and to go to a vote. The applicant had the opportunity to do a Planned Zoning District in the future and go back to the Planning Commission and staff, which would be his preference. Council Member Moore did not disagree with what Council Member Wiederkehr had said. She then reflected on feedback she had received from developers on the sunken costs with applying for a Planned Zoning District. Jonathan stated that Planned Zoning Districts do not require a high level of involvement in drafting. He did note that when Planned Zoning Districts are brought before staff, the Planning Commission and ultimately City Council, the desire was to offer more details. Often, most of what of the City Council saw did have a high degree of detail, which was 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 8 of 20 not a requirement. A Planned Zoning District did require additional work that could be expanded on significantly, depending on the expectations of staff, the Planning Commission and City Council. Jonathan thought, given the property's nuances, a Planned Zoning District would meet both the applicants' needs and be a request staff supported. Council Member Moore requested a member of City Engineering to provide feedback on whether he agreed with staff's concerns around the project. City Engineer Justin Bland agreed that a Planned Zoning District would provide more detail on the project. Council Member Stafford wanted to clarify where he stood on the project. He liked a lot of Tracy Hoskins developments and felt they had a lot of character. For him, he liked density and felt Fayetteville needed density. Traffic concerns would be constant as the city was growing. For him, his concern laid in the amount of building in a floodplain. He was very adverse to projects in floodplains. If it was a Planned Zoning District, he would take another look. But as the project stood, he would not be supporting it. Council Member Turk agreed with Council Member Stafford. Her biggest concern was always about the floodplain and the development had a majority in the floodplain. The residents had been extremely vocal and had contacted her several times. The project had been very frustrating for her because the City Council denied it, reconsidered, tabled it and then the developer was requesting more time when she felt it had been given adequate time to contact neighbors and give the City Council a tour. If he came back later with a Planned Zoning District that was significantly different that what was presented, she would be willing to consider it. Council Member Bunch and Jonathan reviewed the conceptual drawings and the floodplain map. Jonathan explained there was a 100 year floodplain, meaning every year there was a 1% chance of flooding. A 500 year floodplain meant every year there was a 0.2% chance of flooding. At the highest point of the property was the area that was being considered for rezoning. Council Member Berna then clarified which reading the item was on. City Attorney Kit Williams stated the item was on the third and final reading. Council Member Bunch would have preferred to have an actual Planned Zoning District to review the specific details on the project. Her issue was the floodplain, she felt it was very problematic. She didn't know if she would support the item but felt that Tracy brought up a good point which was the good land in Fayetteville had already been developed and what was left was hillside or lowland. The City Council would see an increase in similar issues due to the housing need in the area. Council Member Berna agreed there should have been more clarification and that it would have been nice to have a Planned Zoning District. He would not be supporting the item but emphasized his concern about what would be built in the area without the down zoning. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance failed 1-7. Council Member Dr. Jones voted yes. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 9 of 20 The ordinance failed. 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. At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. Mayor Rawn stated there was an updated conservation easement distributed to the City Council via email by Senior Assistant City Attorney Blake Pennington. City Attorney Kit Williams questioned if the City Council would like to suspend the rules and go to the third and final reading before he read the item. Development Services Director Jonathan Curth then offered to present the difference between the original conservation easement and the one that was emailed. Council Member Moore moved to suspend the rules and go to the third and final reading, Council Member Dr. Jones seconded the motion. Council Member Stafford stated he was not for a motion to suspend and would vote no. Council Member Min. Jones expressed confusion as to why the item would progress to the third reading if there were changes to be made. City Attorney Kit Williams clarified that he would either read the item and go to the second reading, or the motion would pass putting it on the third reading, which at that point amendments could be made. Mayor Rawn stated Jonathan would be presenting on the item either way. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion failed 5-3. Council Member Berna, Bunch, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Turk, Min. Jones and Stafford voted no. Mayor Rawn declined to vote as not everyone was comfortable with the item going to the third reading. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth briefly reviewed the exhibit that had been shared during the Agenda Session. The exhibit showed a three part rezoning proposal; keeping part of the property zoned Residential Agriculture, rezoning the northern portion along West Michael Cole Drive to Residential Intermediate - 12, and rezoning the remainder to the new Conservation, Cultural and Recreation district. He noted that the updated exhibit added color to clarify the floodplain area within the dotted boundary. On the recently distributed easement the acreage had been corrected from 4.64 acres to 3.53 acres to match the zoning recommendation forwarded by the Planning Commission. After guidance from the City Attorney's office, the extinguishment clause had been removed because the city, as the easement's recipient, would be the entity most likely to exercise eminent domain, making the clause unnecessary. The eminent domain section remained. Third, staff and the City Attorney's office confirmed that the applicant was correctly listed as the grantor and the city as the grantee. Finally, he addressed questions about trail construction, noting that Section 3.3 still allowed soft -surface trails. With the long 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 10 of 20 range multi -use trail alignment still undetermined and potentially not crossing the property, it was not included in the easement. The applicant indicated willingness to amend the easement later if needed. He recommended that City Council amend the ordinance to replace the previous easement with the revised version. Council Member Turk moved to amend to reflect the replacement conservation easement. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk commended the applicant for going forward to draft a conservation easement using the new Conservation, Cultural and Recreation zoning designation. She was concerned about the floodplain in the northeast concern of the property and how it might impact the remainder of the property downstream. Jonathan stated staff was in support of the item. The project allowed the developer to potentially relocate dirt with some degree of flexibility while acknowledging the most sensitive part of the area. Council Member Turk followed up on if retention ponds had been identified or required. Jonathan deferred to the applicant, Dirk Thibodaux. Applicant Dirk Thibodaux stated they were not the engineer designing the detention ponds, they were being designed by an outside firm. Everything preliminary showed that the detention ponds would be in the conservation easement, or the majority of them would be in easement. He had looked into what would make the pond more desirable for wildlife, native grasses and native trees as right now there was primary an open field. Development Services Director Jonathan Curth clarified there was a clause at the end of the conservation easement that there should be no excavation except as necessary to meet any stormwater management and drainage requirements in connection with the grantor's development of the parcel. Council Member Turk thanked Jonathan for clarifying and stated a detention pond in a Conservation, Cultural and Recreation zoning went against the spirit of the zoning. Council Member Stafford emphasized his concern about the area being in a floodplain and agreed that allowing a detention pond in a Conservation, Cultural and Recreation went against the spirit on the zoning district. He was glad it was kept on the second reading as he was not prepared to vote on the item based on his concerns. This ordinance was left on the Second Reading. 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. At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 11 of 20 Development Services Director Jonathan Curth explained he would present updates for the next two agenda items together. He reminded the City Council that the two items were located near each other geographically. Item B.3, the larger property, sat just off I-49 on the south and southwest slopes of Markham Hill. Item B.4 involved a smaller property to the northwest. The larger, southern property had varied terrain, with the steepest slopes, about 12-16%, running down the southern face of Markham Hill. Flatter areas, around 5-7% slopes, were located along the southeastern, southern, and southwestern boundaries. The smaller northern property also had varied slopes but was less steep overall, averaging 10% or less, though some northern areas reached about 14%. He then provided updates on easements. He stated the two properties did not touch. A gap between them contained land covered by two easements, a conservation easement tied to the Markham Hill development that significantly restricted development, and a water and sewer easement along the gravel road providing utility access uphill. Neither easement allowed access to the two properties, meaning they could not rely on that intervening land for future access. The Planning Commission had recommended approval of the larger southern property by a 7-0 vote, and approval of the smaller northern property by a 6-1 vote. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6962 as Recorded in the office of the City Clerk 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. At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6963 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 12 of 20 New Business: Council Member Moore moved to suspend the rules and see item C. 2 first. She noticed a few citizens in the audience and recognized it had been a long night for them. Council Member Moore moved to change the order of agenda items to C.2, C.3, C.4, C.1. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. ADM 2025-0045 To Establish the Oak Grove Historic District: An ordinance to establish the Oak Grove Historic District and codify the White Hangar at Drake Field Historic District in § 33.321 Historic Districts of the Fayetteville City Code. City Attorney Kit Williams read the ordinance. Long Range & Preservation Planner Kylie Cole presented on the item. She was excited to present the Fayetteville's first proposed residential historic district and because it was a new process, she wanted to review how the districts were created, what they did, the specifics of the Oak Grove proposal, the steps taken so far, and the City Council's role. She noted that the Arkansas Historic Districts Act established the procedures, including two ways to form a district; through a petition signed by at least 51% of property owners within a boundary, or by adopting an existing National Register District boundary. The Act defined required public notice, review bodies, timelines, and the responsibilities of the final decision makers. The Act outlined how districts were created and how the Historic District Commission was structured, while the city's ordinance defined how proposed districts were evaluated and what projects required review. A local historic district protected properties, provided predictability, and created a transparent review process. It did not change zoning, regulate land use, control paint colors, or require property owners to make improvements. She stated that the Oak Grove proposal came through the petition process, circulated entirely by neighbors who determined the boundary. They initially gathered 72% support, and after additional signatures were validated by the clerk, support rose to nearly 79%, with no stated opposition. The proposed district included 31 historic age properties, one non historic property, and seven vacant parcels. She shared the neighborhood's vision to preserve a cohesive example of vernacular residential architecture and early 20th century neighborhood design. She described the area's historic significance, centered on Noah Fields Drake, a notable geologist who returned to Fayetteville in 1922, lived in the neighborhood, and built 11 homes, 10 of which remained. His fieldstone style appeared throughout the district, alongside other Craftsman era homes. In reviewing the steps taken she explained a petition was filed and validated, her office and the Historic District Commission prepared a report, and the proposal was reviewed by the State Historic Preservation Office, which endorsed it. The Planning Commission also supported the proposal and expressed interest in considering future variances that would help preserve the neighborhood's character. Public feedback included nearly 79% petition support, 13 letters of support, three inquiries, and no opposition. She noted that the draft ordinance created the Oak Grove Historic District and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 13 of 20 codified the Drake -related structure at Drake Field. The Historic District Commission unanimously recommended approval, and staff also recommended adopting the district. She was available for questions. Mayor Rawn thanked Kylie for her work on the project, stating she did an excellent job and it had been wonderful to see it take shape. The City Council received 3 public comments regarding this ordinance. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Stafford stated how excited he was for the project and his hope that it would be the start of many Fayetteville historic districts. He questioned if there would be any sort of sign to indicate the district. Mayor Rawn stated she would mention it at her next staff meeting. Council Member Stafford thanked staff and was very excited to be voting for the item. Council Member Moore stated she loved this portion of Fayetteville and wanted to applaud how the process played out. She was impressed that she did not receive any negative feedback. She found the process to be delightful, thoughtful and quintessentially Fayetteville. She applauded staff for their work and the neighbors who were neighborly to one another. She looked forward to supporting the item and enjoying the neighborhood for many years to come. Council Member Turk wanted to applaud everyone for their work on the project. She felt no opposition was amazing. It was clear to her that Fayetteville residents value their history and want to preserve it. She agreed in hoping there would be many more historic districts in the future. Council Member Bunch thanked staff and was grateful for their efforts, mentioning their thoughtful approach to every detail. She felt that no opposition exemplified that neighbors in Fayetteville can work together and come up with decisions that were good for their neighborhood and protect their community. She was in full support of the item. Council Member Dr. Jones echoed the sentiments of his peers. He felt the process was perfect and thanked staff. He hoped they could bring the same energy for future projects. He looked forward to supporting the item. Long Range & Preservation Planner Kylie Cole stated all the credit went to the property owners, the neighbors, who worked together. Staff was lucky to help them along. Staff learned about the ways neighbors communicate and prefer to receive information and the power of having one or two neighborhood leaders step up to the plate and lead the charge proved to be very successful. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 14 of 20 Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6964 as Recorded in the office of the City Clerk ADM 2025-0051 Amend UDC Chapters 150.04, 151.01, 153.08, 161.35, 166.01, 166.04, 166.05: An ordinance to repeal regulations on development in the City's planning area pursuant to Act 314 of 2025 by amending various sections of the Unified Development Code. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth explained he did not plan to go into detail of all the code changes but would be happy to do so if requested. He noted that Arkansas was one of the leading states in preempting local governments, frequently passing laws that limited local authority. He encouraged the City Council to keep that in mind as they approached future legislative sessions and interacted with state lawmakers. Until recently, state law allowed cities to set development standards in these areas to ensure orderly growth, prepare for potential annexation, and prevent negative impacts on city infrastructure such as water systems and streets. Although these areas were outside city limits, their traffic and service demands still affected the city. In the 2025 legislative session, House Bill 1510 eliminated the city's planning area authority and as a result, the city lost its ability to regulate subdivisions outside city limits. The item aligned local code with state law. It removed all references to the planning area, eliminated related definitions, and deleted processes for reviewing projects in those areas. He recommended approval and was available for questions. Council Member Turk and Jonathan clarified that there would still be collaboration between municipal boundaries to receive approval or reciprocating approval. Jonathan provided the example that many neighboring communities received their water from the City of Fayetteville and he felt that afforded an opportunity to encourage those communities to develop and work with Fayetteville's utility department in ways that would service both interests. Council Member Stafford verified that the ordinance would be bringing Fayetteville into compliance with state law. Jonathan stated staff ceased enforcing the standards, understanding the ordinance would be formally amended. Council Member Stafford believed Act 314 was brought forward by Chad Puryear, Republican State Representative, due to Fayetteville refusing to remove a road from the planning district. He felt it was punitive legislation but stated Fayetteville had to do what it had to do. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 15 of 20 Council Member Moore thanked Jonathan for providing the history of the item. She felt it was unfortunate that a preemption happened, especially in a city like Fayetteville and so many across the state that were experiencing growth and needed collaboration. She wanted to encourage development in unincorporated areas and that the long term vision was to be a cohesive part of that community. She hoped for mindfulness when decisions came before the City Council to determine whether or not annex the property. Those considerations would not be taken lightly and she encouraged collaboration to take place proactively, even though the regulation was not in place. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6965 as Recorded in the office of the City Clerk 2026 City Council Rules of Order and Procedure: A resolution to adopt amended Rules of Order and Procedure of the Fayetteville City Council for 2026. Council Member Min. Jones stated that Subsection 7, A, 3 and D. 2 did not sit well with her when they came up during Agenda Session. She thanked Mayor Rawn for the proposed changes and the work staff put into the recommended changes. She wanted to be clear that was not in support of the 15 minute time limit rule change. She expressed concern about what it would mean for transparency and the public's ability to see their elected representatives fully engage in the process. Under the proposal, after staff and the applicant present, the City Council would have collectively 15 minutes total to ask clarifying questions within 8 members, averaging 1 minute and 30 seconds per member. She felt it was not a meaningful opportunity for due diligence, especially when dealing with complex items that impact neighbors, safety budgets and long term planning. She explained that limiting questions limited accountability. She worried the change would move the City Council closer to a process that prioritized speed over substance and control over conversation. She understood the intent was to keep meetings moving, but the solution to long meetings should not be constrained democratic engagement. She believed there would be a better approach that protected the public's interest, such as setting expectations, allowing structured rounds, requiring clear staff summaries and provided time guidelines per Council Member rather than an overall cap. As written, she could not support a rule that effectively compressed the City Council's oversight role into a 15 minute window. She strongly recommended the City Council keep their current rule in place and not adopt the change. Mayor Rawn then clarified that Council Member Min. Jones was proposing an amendment to remove the 15 minute time limit. Council Member Stafford seconded. Council Member Moore brought forward a point of information for City Attorney Kit Williams. City Attorney Kit Williams had sent a memo with potential cleanups and corrections to the Rules of Order and Procedure. She questioned if the City Council should amend to the version City Attorney Kit Williams had sent. City Attorney Kit Williams reviewed some of the format changes he had made and that he had drafted a modified proposal and hoped the City Council would initially amend to that, and then further amend from there. Council Member Moore then asked if the City Council would be okay to first amend to City Attorney Kit Williams presented Rules of Order 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 16 of 20 and Procedure and then make further amendments. City Clerk Treasurer Kara Paxton clarified the amendment did not include the removal of the 15 minute time limit. Council Member Moore moved to amend to replace the version of Rules of Order & Procedure in the Agenda Packet to the version presented by the City Attorney. Council Member Min. Jones seconded the motion. Upon roll call the motion passed unanimously. Council Member Stafford thanked Council Member Min. Jones for bringing forward her amendment. He believed it was the City Council's due diligence to ask questions. If they were not fully informed, they could not make informed decisions. He understood the concern for long meetings but stated there were other ways to shorten the meetings. He felt it was vitally important as a democratic body that they were allowed the proper time to ask questions. He would gladly second Council Member Min. Jones' amendment again. Mayor Rawn stated that Council Member Min. Jones would have to make her amendment again. Council Member Min. Jones and City Attorney Kit Williams discussed where in the amended version it mentioned it mentioned the 15 minute time limit. Council Member Min. Jones moved to amend time limit edits in Subsection 2 under 7e, Unfinished Business and New Business, strike language in A3 and D2. Council Member Berna then asked if procedurally the City Council would be amending item by item, prompting a motion for each or did they want to clean up the document with one motion after the document was agreed upon. Council Member Stafford stated that before he seconded Council Member Min. Jones' motion, he wanted to review the amendments brought forward as he only knew of a few. City Attorney Kit Williams stated it did not matter what order it was done in but he thought it ought to be done one at a time. Council Member Stafford seconded Council Member Min. Jones' amendment. Council Member Dr. Jones felt that questions that were being asked at both the Agenda Session and City Council meetings were redundant. He didn't think the 15 minute time limit was limiting anyone and questioned the purpose of the Agenda Session if all questions would be asked at the City Council meeting. The purpose of the Agenda Session was to ask questions and help move the City Council meeting along. Mayor Rawn clarified the 15 minute limit did not apply to Agenda Sessions. Council Member Dr. Jones commented that the City Council could use the Agenda Session to ask questions of staff members to have their concerns addressed. Council Member Wiederkehr appreciated Council Member Dr. Jones questions. He appreciated the administration bringing the time limit forward because it was an issue. A City Council meeting was a business meeting versus a political meeting and it was good to be reminded that a question should be concise and to the point, ending with the answers received. It was nice to know if someone was for or against something, but he thought that on occasion, the City Council had dabbled into making statements in their questions. The City Council needed the opportunity to give one another feedback after a City Council meeting, rather than waiting a whole year to do so. He did not like the idea of being constrained but wanted the City Council to be responsible to ask questions before they arrive to the City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 17 of 20 Council Member Bunch stated there were times that the City Council was its own worst enemy. She was all for making meetings more efficient, as that was a fair use of staff and the public's time. She felt there were members of the City Council that could use a more restraint when they made comments and pontificate on items. She stated it was unfortunate as some of the City Council Members tried to be more judicious with their time. She wasn't sure about the idea to vote `present' versus voting yes or no. She understood that some entities practiced that but didn't think it needed to be a part of Fayetteville's process. As representatives of the citizens, she felt she should be able to explain herself succinctly of why she did or did not support an item. She thought voting `present' added a level of something that was not needed. She felt the City Council needed be efficient and stated that at times the City Council went off topic and it wasn't fair to the citizens who attended meetings. All members of the City Council could do better and she felt they owed that to the citizens. She referenced a public comment that said she was the City Council Member who spoke the least but was interrupted the most. Council Member Turk thanked Mayor Rawn and her City Council Members. She acknowledged that everyone could always do better to improve themselves but felt that the City Council had down better than in years past. She understood there needed to be efficient meetings but she did not want to curtail discussion as some of the items were complex and new. She always asked questions in Agenda Session but new information could occur between the Agenda Session and the City Council meeting. She stated she did not review City Attorney Kit William's updated Rules of Order and Procedure and acknowledged her lack of preparation and specificity on some of the changes she would like to make. She would be fine with passing the version of Rules of Order and Procedure from 2025. Council Member Stafford addressed Council Member Dr. Jones statement on why all questions couldn't be asked at the Agenda Session. In his opinion, the reason why was because the City Council did not receive full presentations at Agenda Session and they did not hear from applicants. He wouldn't be able to ask questions based on information he didn't have. To address Council Member Bunch's' statement on voting `present' he explained that about every elected body other than the Fayetteville City Council had the right to vote `present'. He acknowledged that 3 City Council Members had abstained from voting or had the desire to abstain in the last two years. He felt it should be used very rarely and with great caution, stating there was legitimate cause for a government official to vote `present'. Council Member Berna did not care for voting `present'. He thought that if City Council Members interjected themselves into the conversation to form a decision, then they should vote yes or no. If a City Council Member wanted to abstain from conversation, that was their right and they could make that determination by disclosing the reasoning. He was not comfortable in saying that just because others practiced it that they should. He would not be in support of that change due to the responsibility to the citizens that if a City Council Member was to try to shape a vote by discussing, then they should vote yes or no. He also did not understand the change that it would take 3 City Council Members to pull an item off of the Consent Agenda at the Agenda Session but only 1 at the City Council meeting. If the change was to be made, it ought to be the same for both meetings. As far as the 15 minute time limit went, he felt that if a little change could be done to move items along, then that was appropriate and he was okay with it. He could 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 18 of 20 not support the voting `present' and he just had concern on removing items from the Consent Agenda. Council Member Moore appreciated the dialogue and felt it demonstrated a diverse set of viewpoints. She echoed Council Member Turk's comments on when looking at past meetings, the City Council had made adjustments and the meetings had improved substantially. She echoed Council Member Min. Jones' comments about the 15 minute time limit. She noted that some items required no questions while others required many, and she preferred keeping the process open to allow necessary back and forth rather than restricting discussion. She requested clarification on whether the updated Rules of Order and Procedure mentioned the requirement of 3 Council Members to approve removing an item from the Consent Agenda. She agreed with Council Member Berna that pulling an item off of the Consent Agenda should require the same about of Council Member approval at Agenda Session and the City Council Meeting. To her, consent meant everyone agreed. When pulling off an item from the Consent Agenda, she wanted to give staff plenty of time to prepare their presentation. She was open to feedback and hoped the City Council would leave their Consent Agenda requirements alone. She thanked her colleagues for the past year, acknowledging the efforts made at moving along the meeting. She felt that through the City Council being mindful and respectful, they wouldn't need to be overregulated. Mayor Rawn stated the version of the Rules and Procedure the City Council amended to did mention the requirement of 3 City Council Members to approve removing an item from the Consent Agenda. Council Member Moore asked that it be stricken that 3 were required, she wanted there to be 1 Council Member vote for both the Agenda Session and City Council meeting. Mayor Rawn reminded the City Council that Council Member Min. Jones' motion was still on the floor. Council Member Bunch noted that the City Council could vote to adopt the Rules of Order and Procedure used in 2025, after which all members could compile a list of proposed changes. She then asked Council Member Min. Jones if she was willing to allow for an all amendments motion or strictly individual. City Attorney Kit Williams thought that voting one at a time was better and went on to review Council Member Min. Jones motion. Council Member Bunch and Mayor Rawn then discussed the rule of presentations, she felt that some might view the 15 physical copy requirement of the presentation material prohibitive. Mayor Rawn stated that wasn't in the version the administration provided but she did understand the point being made. Council Member Dr. Jones questioned the purpose of voting `present'. Council Member Stafford provided an example of a time he abstained, which was his vote on a ceasefire agreement with Palestine. In his example, he felt morally he had one choice, which was to abstain as he thought the item was outside of the jurisdiction of the governing body. He was not afraid to speak on an item but felt voting `present' was something to be used rarely. Council Member Dr. Jones then questioned why there was a change to require 3 City Council Members to remove an item from the Consent Agenda. Mayor Rawn stated she did not remember as it was drafted in October with the expectation the City Council would love it, hate it or change it. Council Member Moore asked if the version of the Rules of Order and Procedure City Attorney Kit Williams provided removed information that was not relevant and if not, if they should move forward as is and remove it later. City Attorney Kit Williams reviewed the versions he had 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 19 of 20 forwarded to the City Council. Council Member Bunch then requested a redlined copy be provided to her. Council Member Min. Jones rescinded her motion on the 15 minute time limit. She motioned to pass the version of the Rules of Order and Procedure used in 2025. Council Member Moore seconded her motion. Mayor Rawn clarified the changes to the previous and current motions. The City Council received 1 public comment regarding this resolution. City Clerk Treasurer Kara Paxton took a moment to explain her amendment. She noted she had received many questions on how information from City Council Members, the public, and staff was facilitated. Mayor Rawn had wanted a transparent, consistent process so everyone understood the requirements. She expressed appreciation for working with Mayor Rawn, acknowledging the time and thought she put into drafting and revising the Rules of Order and Procedure based on comments from the past year. She then explained that her amendment had evolved from the initial version and hoped it could be included in future rules. Speakers were encouraged to email images for public comment to the agenda item comment email address, which automatically forwarded materials to the Mayor, City Council, and staff. Speakers planning to display presentation materials had to submit a PDF version by email or paper copy by 5 p.m. the day before the meeting so the files could be checked for malicious software and the material was shared across the board. Speakers who missed the deadline could bring 15 copies, or as many as possible, to the City Clerk Treasurer at the start of their comment for distribution. She clarified that the requirement was not strictly 15 copies and that materials should be provided before the speaker began to avoid confusion. She noted that she had received conflicting requests about when to place materials out and wanted the process to remain transparent and helpful. She appreciated the opportunity to explain the amendment. Council Member Min. Jones moved to pass the Rules of Order and Procedure used in 2025. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Resolution 42-26 as recorded in the office of the City Clerk Mayor Rawn expressed hope that at some point the City Council would consider to amend to strike the reference to the Equipment Committee as the city no longer had one and to clean up other references that weren't in compliance with current rules. Announcements: Chief of Staff Keith Macedo announced that Emergency Manager Shane Wood was closely monitoring the upcoming weather event. There appeared to be a significant accumulation of snow Friday evening and Saturday morning. City staff was working hard to prepare for it. Transportation and Public Works was going to start pre -treating the roads early Thursday morning. Recycling and Trash commercial operations would be effected as residential services did not run on Friday or Saturday. Staff was trying to prepare for as best as possible. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 20 of 20 City Council Agenda Session Presentations: None City Council Tour: Agenda Items B.3 & B.4 South Futrall Drive & South Root Avenue: Date & Time: January 16, 2026 at 3:30 PM Address: Unaddressed; meet at the north end of S. Root Avenue (see attached) Parking: On -street along N. Root Avenue; use of this fire lane -marked area was coordinated with the Fire Marshal Adjournment: 8:45 p.m. v: FAYETTEVILLE- 9�RKANSP� Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov