HomeMy WebLinkAbout2026-03-05 - Minutes -City Council Meeting Minutes
March 5, 2026
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City of Fayetteville Arkansas
City Council Meeting
March 5, 2026
A meeting of the Fayetteville City Council was held on March 5, 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, Teresa Turk, Mayor Molly Rawn, City Attorney Kit Williams, City
Clerk Treasurer Kara Paxton, Chief of Staff Keith Macedo, Chief Financial Officer Steven
Dotson, Staff, Press and Audience. Absent: Council Member Sarah Bunch and Minister Monique
Jones.
Pledge of Allegiance
Mayor’s Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
Sales Tax & Monthly Financial Report – Chief Financial Officer
Chief Financial Officer Steven Doston reported on the December 2025 Sales Tax Report.
Fayetteville received approximately $325 million in taxable sales for December, which was an
increase of 1%, or roughly 3.28 million compared to December of 2024. Retail trade was mostly
flat with a gain of less than 1%. Manufacturing was up 24%, wholesale trade increased 17%, and
Council Member Scott Berna
Ward 3 Position 1
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position 1
Council Member Min. Monique Jones
Ward 4 Position 2
Mayor Molly Rawn
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
Council Member Robert B. Stafford
Ward 1 Position 1
Council Member Dr. D’Andre Jones
Ward 1 Position 2
Council Member Sarah Moore
Ward 2 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
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professional, scientific, and technical services were up 19%. Tax rebates also affected the
construction sector by $5.3 million and the education services sector at $4.1 million. Taxable
sales increased roughly 1% compared to the previous year. The one penny tax for December
2025 increased 1%, or approximately $30,000, compared to December 2024. The county portion
distributed to the city rose 1.77%, or roughly $43,000. Combined, total sales tax collections
increased 1.32% compared to December of 2024. When compared to what was budgeted, the one
penny tax came in 1.98% below budget, while the county portion was down 1.19% below what
was budgeted. December collections were down 1.6% from budget, around $94,000.
Council Member Dr. Jones and Steven discussed what the educational services was compiled of.
There were classification codes designated by the government that reports information to
Fayetteville. Dr. Jones then questioned the fees associated with them. Steven explained it was
anything related to previously mentioned sectors and the rebates were related to construction.
There were many construction projections in both the Fayetteville School District and the
University of Arkansas.
Council Member Moore asked if there were any indications given the trend with tax rebates.
Steven stated it was difficult to report on as there wasn’t enough data received. Steven explained
that after the city had significant rebates, he spoke with the Deputy Chief Financial Officer and
the Director of Economic Vitality to create a plan to obtain as much information as possible.
They plan to reach out to the school district and University of Arkansas to ask for information on
the magnitude of the rebates and why they may hit. It’s not information they would have to
provide, but they plan to at least try. Council Member Moore thanked him for trying to open that
line of communication.
Chief Financial Officer Steven Doston reported on the January Monthly Financial Report.
Property tax revenue was flat, and sales tax came in roughly 2% below budget. Franchise fees
met budget expectations. Alcoholic beverage fees were down about 7%, or $7,300, while
building permits were up 1%, approximately $3,500. State turnback revenue was flat, and
charges for services increased about 5%. General Fund finished the month approximately 2%
below budget. The street fund, state turnback was up 1%, or about $8,800, leaving the fund on
target with budget expectations. The Parking Fund was down roughly 14% for January. January
was a slower month and the decline aligned with lower sales tax activity. In the Parks
Development Fund, Hotel Motel Restaurant tax revenue was down about 4%, or $14,000, while
charges for services rose 28%, or $3,900. The fund ended the month down roughly 3%, or about
$12,000. The Water and Sewer Fund, driven largely by charges for services, saw those revenues
rise around 2%, or $74,000, resulting in a total fund of about 2% above budget. Stormwater
Management finished January up 4%, or roughly $11,000. Recycling and Trash revenues were
up about 3%, or $37,000, supported by a 2% increase in charges for services, totaling around
$25,000. In the Airport Fund, gasoline sales were down approximately 1.5%, or $2,900, while
flight operations increased by about 1.9%.
Agenda Additions: None
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Consent:
Council Member Stafford moved to suspend the rules requiring the Consent Agenda to be
read. Council Member Dr. Jones seconded the motion. Upon roll call the resolution passed
6-0. Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna and Turk voted yes.
Council Member Min. Jones and Bunch were absent.
Approval of the February 17, 2026 City Council Meeting Minutes
Approved.
2026 Stormwater Education: A resolution to waive competitive bidding and authorize an
agreement with the Northwest Arkansas Regional Planning Commission for a Stormwater
Education Program to be provided by the University of Arkansas Cooperative Extension service
in the amount of $42,498.82.
Resolution 58-26 as recorded in the office of the City Clerk
Award Bid 26-22 and Authorize the Purchase of Precast Drainage Pipe and Structures: A
resolution to award Bid 26-22 and approve the purchase of precast drainage pipe and structures
as needed within the approved budget from Scurlock Industries of Fayetteville through the end of
2026.
Resolution 59-26 as recorded in the office of the City Clerk
Purchase of Security Bollards from Delta Scientific Corporation: A resolution to waive
competitive bidding and authorize the purchase of high security bollards in the amount of
$180,058.68 from Delta Scientific Corporation and to approve a project contingency in the
amount of $19,941.32.
Resolution 60-26 as recorded in the office of the City Clerk
Water Main Cost Share Agreement with OP III FAY S Duncan, LP: A resolution to approve a
cost share agreement in the amount of $200,000.00 with OP III Fay S Duncan, LP for the
construction of a 12-inch water main along South Duncan Avenue, and to approve a budget
adjustment.
Resolution 61-26 as recorded in the office of the City Clerk
ARDOT TAP Grant - Razorback Greenway Improvements: A resolution to approve an
Agreement of Understanding with the Arkansas Department of Transportation to utilize federal-
aid Transportation Alternatives Program funds in the amount of $250,000.00 for the Fayetteville
Razorback Greenway Improvements Project, to authorize the Mayor to sign additional
documents as necessary to implement the project, and to approve a budget adjustment.
Resolution 62-26 as recorded in the office of the City Clerk
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FY 2027 Federal Aid Transportation Grant Applications: A resolution to express the willingness
of the City of Fayetteville to apply for and utilize federal-aid funds for the Highway 112 Tunnel,
Mission Boulevard Trail Extension, Old Wire Road Lighting, Millsap Road & College Avenue
Intersection, North Street Corridor, and the Huntsville Road Corridor projects.
Resolution 63-26 as recorded in the office of the City Clerk
Resolution of Intent to Approve an Economic Development Incentive to Support Conagra
Brands: A resolution of intent to approve an economic development incentive with Conagra
Brands by supporting the issuance of industrial development revenue bonds.
Resolution 64-26 as recorded in the office of the City Clerk
Approval of Police Department Donations: A resolution to approve a budget amendment in the
amount of $683.00 recognizing donation revenue to the Fayetteville Police Department.
Resolution 65-26 as recorded in the office of the City Clerk
Approval of State Forfeitures for Fiscal Year 2025 for the Police Department: A resolution to
approve a budget amendment in the amount of $32,652.00 recognizing revenue associated with
state law enforcement forfeitures.
Resolution 66-26 as recorded in the office of the City Clerk
City Hall Elevator Modernization: A resolution to waive competitive bidding and authorize a
contract with Otis Elevator for major modernization of the elevator in City Hall in the amount of
$129,840.00, pursuant to an Omnia Partners Cooperative Purchasing Contract, and to approve a
project contingency in the amount of $12,984.00.
Resolution 67-26 as recorded in the office of the City Clerk
Unfinished Business:
PZD 2025-0005 North Crossover Road & East Zion Road: An ordinance to approve a Planned
Zoning District entitled PZD-2025-005 for approximately 9 acres located at North Crossover
Road and East Zion Road in Ward 3. At the February 3, 2026 City Council meeting, this
ordinance was left on the first reading. At the February 17, 2026 City Council meeting, this
ordinance was left on the first reading and tabled to the March 5, 2026 City Council meeting.
Mayor Rawn announced that to prevent any perceived conflict of interest she would not be
participating in the discussion of the item nor voting on the item. She went on to say that she had
spoken with City Attorney Kit Williams and his opinion was that she could still preside over the
meeting even though she would not be providing any commentary nor voting on the ordinance.
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City Attorney Kit Williams read the ordinance.
Development Services Director Jonathan Curth provided a reminder where the property was
located. He addressed potential changes to the existing Chandler Crossing Planned Zoning
District, what potential entitlement updates or entitlement changes may need to be completed to
the Planned Zoning District, the previously approved plat, the approved design for the Crossover
and Zion intersection with a focus on pedestrian access and potential for a traffic study/analysis
that had been requested by council.
Representative Will Kellstrom spoke about the required changes that had been made to the
initial site plan. He finalized his comments by noting two council members were absent and
explained he supported the idea of leaving the ordinance on the second reading.
A brief discussion took place regarding the changes that Will Kellstrom mentioned. Council
Member Turk requested for the changes to be documented and placed into the agenda packet.
Will provided a brief explanation of the documents that would be forwarded to the City Clerk’s
office.
Project Engineer Jonathan Barry summarized the second document presented.
A brief discussion took place between Council Member Dr. Jones and Will. Will stated the
applicant opted to submit the request to ask for a Planned Zoning District as opposed to using a
different route.
A brief discussion took place about the reduction of water flow and percentage of impervious
surface. Jonathan Barry answered Council Member Turk’s question by explaining the city’s code
allows up to 65% of impervious surface, therefore, homes and roads would be built. He stated it
would allow for more green space due to detaining the water on site.
Council Member Berna referenced a concern he received from the Elks Lodge that the runoff
would affect the pond located on the Elks Lodge site.
Jonathan Barry verified that the pond located on the Elks Lodge site would not be affected by
the runoff since the runoff would be directed to the east.
The City Council received 3 public comments regarding this ordinance.
Council Member Moore explained that the initial Planned Zoning District was approved after
the annexation of the property with the mindset that the Planned Zoning District would protect
the waterway going into Lake Fayetteville. She explained she wanted all residents to get the
same walkability experience as downtown but felt strongly that the council should reconsider the
gas station and pedestrian pathways.
A brief discussion took place about the surrounding area. Council Member Stafford requested a
map that included the surrounding businesses. Council Member Wiederkehr had previously
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prepared a map that matched the request and the City Clerk Treasurer Kara Paxton provided
copies to the council.
Council Member Wiederkehr explained why he created the map; it was to allow the council to
have a more meaningful conversation about the surrounding area.
Council Member Turk requested the applicant to provide verification of the drainage flow. She
requested a topography map as well as verification of the proximity to Hilton Creek and Lake
Fayetteville.
Council Member Berna requested additional information be provided to the council regarding
the traffic in the area and as well as any accident data.
At the March 5, 2026 City Council meeting, this ordinance was left on the second reading.
Mayor Rawn addressed a housekeeping item regarding the consent agenda. The council had
taken the improper steps to approve the consent agenda earlier in the evening. The roll call vote
had been completed without a motion to approve. This oversight happened due to an earlier
motion being made which called to suspend the rules that required the Mayor to read the consent
items.
516 North Fallin Avenue Sewer Damage Claim: A resolution pursuant to §39.10(C)(4) of the
Fayetteville City Code to authorize a payment of $100,000.00 to Chris Skrocki for a sewer
damage claim arising at 516 North Fallin Avenue. At the February 17, 2026 City Council
meeting, this resolution was tabled to the March 5, 2026 City Council meeting.
Utilities Director Tim Nyander presented the item and explained that staff considered the
sewer damage Chris Skrocki experienced to be an extraordinary situation. He explained that the
individual who was responsible for marking the sewer lines only marked the first half of the
sewer line. The individual failed to go around the shed to determine if the sewer line continued.
He verified that city staff were supportive of the maximum allowed by ordinance of $100,000 be
paid out to the homeowner. He explained how the sewer damage payout tiers were established
and implemented.
A brief discussion took place between Tim and Council Member Stafford. Tim identified the
discrepancy that Council Member Stafford referenced and explained the $495 difference was due
to that amount being for lodging of the individual.
Property Owner Chris Skrocki gave a presentation and spoke about the catastrophic damage to
his property and shared documents he had obtained after submitting a Freedom of Information
Act request to city staff. He expressed his displeasure with the lengthy process he was going
through in order to obtain payment for the damage to his property that he was not responsible for
and had no control over. He finalized his comments by stating the process wasn’t consistent with
in terms of taking ownership and accountability and providing the environment for trust.
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There was a brief discussion between Council Member Stafford and City Attorney Kit Williams
regarding the cap on the ordinance. Council Member Stafford requested clarification on a
comment made by the property owner. It was verified that the city had not paid any claimant
damages over the capped amount. It was later realized that the property owner had received
documents pertaining to water damage claims and sewer damage claims which had a different
capped amount.
City Attorney Kit Williams explained to the City Council that the Utilities Director, Tim
Nyander, verified the city was responsible for the damage. He went on to explain that the city
was not liable for the damage and explained the difference.
Chris answered the questions presented to him by Council Member Dr. Jones. He explained that
it had been around 87 days since this incident happened and that his home was still not repaired.
A brief discussion took place that identified the total cost of damage that had been incurred.
Chris provided an approximate amount of $198,700.
Council Member Moore spoke on how in the past the City Council had raised the cap to cover
incidents and questioned if Fayetteville needed to have another category for catastrophic that was
more tiered. She acknowledged the instances would be rare and stated that this scenario had
many moving parts. She wanted to understand the plan going forward and felt there wouldn’t be
finality on the item at the meeting. She then asked if the council needed to think more on the
item and meet in the future about it. City Attorney Kit Williams explained the current city code
stipulations. Tim had the authority to a certain amount but anything higher required the Mayor’s
approval. To go up to $100,000 was a very extraordinary situation and required two third vote of
the council.
Council Member Wiederkehr reviewed different situations in which a payout would or
wouldn’t be needed. When there was an error on the city’s side, he liked the idea of the ‘no fault
max’ being what it was when there was an error. He felt that if the item required all 6 votes to be
resolved it may be in the applicants’ best interest that the City Council wait to decide until all 8
City Council Members were in attendance.
A brief discussion took place between Council Member Berna and City Attorney Kit Williams.
City Attorney Williams clarified that the city had sovereign immunity and the only exception to
that was automobile accidents.
Council Member Dr. Jones asked the applicant if he would be okay with the City Council
tabling the item. Chris replied that he would be okay with the item being tabled and would
provide additional information regarding his sewer damage claim.
A brief discussion took place between Chris, City Attorney Kit Williams and Mayor Rawn. City
Attorney Williams explained that two-thirds vote in the affirmative would pass the resolution.
The City Council received 5 public comments regarding this resolution.
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City Attorney Kit Williams explained that if the item was approved, Chris would be required to
sign a release before being compensated for the damage.
A brief discussion took place between Council Member Moore, Stafford, Berna, City Attorney
Williams and Mayor Rawn regarding the Ordinance Review Committee. It was shared that it
would take time for the Ordinance Review Committee to review and recommend changes to the
ordinance that capped compensation for sewer damages at $100,000.
Chief of Staff Keith Macedo was directed to provide more information by Mayor Rawn about
sewer damage claims. He explained that over the last five years, a total of 37 claims had been
filed and $161,000 has been paid out to compensate for the damage claims.
Council Member Turk requested that Keith pull data regarding the water claims that the city
had received over the years.
Council Member Berna moved to table the resolution to the April 21, 2026 City Council
meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0.
Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna, and Turk voted yes.
Council Member Bunch and Min. Jones were absent.
At the March 5, 2026 City Council meeting, this resolution was tabled to the April 21, 2026
City Council meeting.
RZN 2025-0071 South Willow Avenue: An ordinance to rezone the property described in
Rezoning Petition RZN 2025-71 for approximately 1.80 acres located at 416 South Willow
Avenue in Ward 1 from NC, Neighborhood Conservation to UN, Urban Neighborhood and RI-
U, Residential Intermediate, Urban. At the February 17, 2026 City Council meeting, this
ordinance was left on the first reading.
City Attorney Kit Williams read the ordinance.
Development Services Director Jonathan Curth gave a brief overview of the request and
noted that the applicant had originally requested to rezone the entire property to Urban
Neighborhood that had created city staff concerns regarding entitlement. Jonathan went on to
explain that the alternate request was exactly as read by City Attorney Kit Williams. Jonathan
finalized his comments by explaining city staff and the Planning Commission support the
approval of the request.
Representative Zara Niederman explained that he was available to answer questions of the
council.
Council Member Turk felt it was discourteous to provide information last minute. Jonathan
explained the long process that the applicant had to go through to obtain the documents that
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Council Member Turk referenced. Jonathan also verified that the applicant had been actively
working on obtaining the information.
Council Member Moore moved to amend the ordinance to include the documents titled
Exhibit A and Exhibit B. The motion died due to a lack of a second.
A brief discussion took place between the City Council regarding the motion to amend. Council
Member Stafford, Turk, and Wiederkehr voiced their support of not amending nor moving on to
the second reading.
Council Member Berna reminded the City Council that Jonathan stated the applicant was aware
the item might not move to the next reading and was okay with it remaining on the second
reading.
At the March 5, 2026 City Council meeting, this ordinance was left on the second reading.
New Business:
VAC 2025-0033 East Center Street: An ordinance to approve VAC-25-33 for property located at
18 East Center Street in Ward 2 to vacate approximately 250 square feet of utility easement.
City Attorney Kit Williams read the ordinance.
Development Services Director Jonathan Curth presented on the item. The request was to
vacate a portion of an easement north of the building, totaling 250 square feet. The small size of
the easement was not a cause of concern so much as it was the downtown area and easements
tend to be smaller. Staff identified no issues and all associated franchise consented to the request.
He was available for questions.
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 resolution passed 6-0.
Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna and Turk voted yes.
Council Member Min. Jones and Bunch were absent.
City Attorney Kit Williams read the ordinance.
Mayor Rawn asked shall the ordinance pass. Upon roll call the resolution passed 6-0.
Council Member Stafford, Dr. Jones, Moore, Wiederkehr, Berna and Turk voted yes.
Council Member Min. Jones and Bunch were absent.
Ordinance 6979 as Recorded in the office of the City Clerk
RZN 2025-0069 S. Dead Horse Mountain Rd & E. Goff Farm Rd: An ordinance to rezone the
property described in Rezoning Petition RZN 2025-69 for approximately 42.31 acres of a 157.05
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acre parcel located on South Dead Horse Mountain Road & East Goff Farm Road in Ward 1
from R-A, Residential Agricultural to UN, Urban Neighborhood and NC, Neighborhood
Conservation.
City Attorney Kit Williams read the ordinance.
Development Services Director Jonathan Curth presented on the item. The rezoning request
had recommendations of approval from both staff and the Planning Commission. The area
covered about 150 acres southeast of Goff Farm Road and west of Dead Horse Mountain Road,
adjacent to the Meadows at Stone Bridge subdivision and was included in part of the Stone
Bridge golf course. He stated that a larger rezoning request had been submitted in 2023 for
roughly 113 acres, but the new request was substantially smaller, proposing to rezone about 37.7
acres to Neighborhood Conservation and 4.7 acres to Urban Neighborhood, totaling around 42
acres. Staff found the proposal compatible with surrounding land uses, since Neighborhood
Conservation zoning aligned with the single family homes in the area, and the smaller Urban
Neighborhood portion allowed moderate housing diversity and small scale nonresidential uses.
The site scored lower on typical infill criteria but was consistent with the future land use map,
which designated the area for residential neighborhoods with a wider variety of housing types.
He also noted that tree preservation requirements would decrease from 25% under Residential
Agriculture to 20% in Neighborhood Conservation and 15% in Urban Neighborhood. He spoke
on the infrastructure concerns raised in 2023, stating that the property had existing access to
water lines and that additional connections would be available as nearby development continued.
The sewer issues had been resolved, explaining that the lift station previously believed to be at
capacity was operating within normal limits, and a sewer line thought to be an 8 inch line was
confirmed to be a 12 inch line with adequate capacity. The reduced size of the rezoning request
further lowered potential impacts on the system. Traffic and connectivity remained major
concerns. The applicant had submitted a traffic study showing no level of service issues or
required improvements. Dead Horse Mountain Road had previously flooded, limiting access, and
the city was coordinating with the Arkansas Department of Transportation on signalization at
Stone Meadows and Huntsville to improve controlled access. Many public comment concerns
revolved around traffic access and the ability to get in and out of this area of Fayetteville.
Concerns were also expressed infrastructure, stormwater as well as the size of the potential
houses. Staff was recommending approval and the Planning Commission forwarded the request
with an 8-1 vote in favor.
Applicant, Blake Jorgensen presented on the item. They had unveiled a few things that he
believed would help their case for the smaller rezoning request. They discovered that the sewer
main that gravity fed to the west was actually a 12 inch line. They followed the line all the way
to the next lift station and updated their model, which improved the sewer capacity report. As
Jonathan had mentioned, they had water capacity and had included the traffic study. He was
available for questions, as was Mark and Taylor Marquis from Riverwood Homes.
Council Member Turk questioned if the error with the pipe diameter contributed to how the
capacity of the lift station was being determined. Jonathan explained the differences between the
two issues. The lift station concern was that it was operating at full capacity but with monitoring
it was determined that it was no running at full capacity, even in wet weather events. Council
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Member Turk felt this was a large error and found it surprising to hear that it was at an okay
capacity, trying to understand why that error was made in the past. Jonathan commented that one
of the lines was not identified within an easement and it was unclear if the golf course property
owner was willing to allow a developer to make upgrades to that line to accommodate what as
ultimately a larger project. The projected unit counts associated with it were much higher with
the 2023 project than what was currently presented. Blake clarified the easement that lead from
Preserve at Stone Bridge to the lift station was a legal description that was written in error to the
previous gold course owner. When Jorgenson Associates plotted the area, it did not follow the
trajectory of where the actual main that went to the lift station. The report was updated with the
correct information, that ended up supporting the rezoning.
Council Member Moore commented on Stone Bridge being a public golf course, which was rare,
and she felt it was important to continue to have accessibility to ensure everyone was welcome.
She questioned what different types of housing were planned for the area as a way to welcome
more neighbors in. Riverwood Homes Representative, Mark Marquis, explained they had been
before the City Council a few times on this request and wanted to clarify some things from both
the past and the present. The previous proposal included the entire 150 acres, but that was not the
intention then and was not the intention now, and he admitted that was likely a mistake on his
part. After listening to Fayetteville’s concerns, especially around workforce housing, they
recognized the need for more attainable homes. He noted that his company had built a lot of
workforce housing in Fayetteville over the years, but almost all of it had been on the west side of
town, and they had never built any on the east side. After speaking with the public, they decided
to shift direction and put the 43 acre area under contract, planning roughly 180 single family
homes in the 1,400–1,600 square foot range, along with about 40 townhomes to add variety. He
pointed out that their company had developed a neighborhood on the west side, a community of
about 600 homes ranging from 1,300 to 3,000 square feet, and that it had become a vibrant,
mixed neighborhood. He spoke on the unique nature of the Stone Bridge golf course, noting that
it was the only public golf course in Washington County and one of only two public courses in
Washington and Benton counties combined. He said that on a typical weekend, more than 200
people played there, and it was the only place visitors could play unless they had access to a
private course. He added that the ownership wanted to expand the clubhouse, build a pool, and
make the course even more accessible, and that the synergies between the housing and the golf
course were exciting and unique for Fayetteville. The project would include over a mile of 12
foot wide trails connecting to River Walk and to the driving range. He acknowledged that some
neighbors preferred only large homes, but he stated that this was a public golf course, not a
private one, and the goal was to create an inclusive community. Council Member Stafford then
confirmed with Mark that there would be a connection to Dead Horse Mountain Road.
Council Member Turk asked staff if road improvements would be required. Jonathan stated that
was typically evaluated with the development. He explained the subdivision standard
requirements were to develop their internal street systems and any adjacent streets. The property
did not abut any existing streets. What development came forward was what staff had to evaluate
for street improvements. He stated it was possible that offsite improvements of some form would
be required based on what the traffic engineer recommended, but the traffic engineer
recommended there weren’t any off-site improvements needed to maintain the level of services.
The Planning Commission would ultimately decide when a plat was submitted. Mark thanked
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Jonathan for clarifying and stated the land was purchased and would be developed with the
expectation that it would be a public golf course for many generations to come. They were not
looking for any future developments to take away from the golf course and felt that 100 acres of
green space and Residential Agriculture was unique in this area of Fayetteville.
Council Member Stafford felt due to the scale of the project and two members of the City
Council absent, he felt it would be best to leave the item on the first reading to be heard at the
next meeting.
Council Member Moore respected what Council Member Stafford said and although she felt
the item could move forward, she respected the feedback that could come from the absent City
Council members. She had heard any public comment and felt there had been diligence on the
project. She was comfortable moving forward with the item and did not have any hesitations.
Council Member Stafford did not have any hesitations either and felt the project could really
work. He thought that the roads would get up to size but only when more housing was built in
the area. He was in support of the item and wanted to hear from other City Council members if
they felt comfortable moving forward as well.
Council Member Wiederkehr was curious to hear about negotiations with Arkansas
Department of Transportation for the traffic signal on Huntsville Road. He thought that
everything he heard was absolutely good news on the capacity of the community and existing
infrastructure. He felt the addition of the traffic signal would be a positive addition and felt it
would alleviate concerns the public had about the low water bridge. He felt it was a fortuitous
opportunity to discover the infrastructure that wasn’t there the last the item was heard.
Council Member Dr. Jones had heard from a resident that was waiting to hear about the
developments that had been done to the project and he was inclined to hold the item.
Council Member Berna asked Jonathan if he expected to hear from Arkansas Department of
Transportation within two weeks. Jonathan stated more than likely not but explained it was not
necessarily a negotiation with them. He went on to explain the process on obtaining a new signal
with the Arkansas Department of Transportation.
Council Member Berna stated that if the desire of the City Council was to hold the item, he
would be fine with it, but he was very much in support of the project and was more than willing
to vote for it.
Council Member Turk questioned the probability on whether the signal would be acquired.
Jonathan did not have the information to answer her question but he would follow up. Council
Member Turk expressed concerns she heard about traffic in the area that the traffic signal would
improve. Her preference was to hold the item and pick it back up in two weeks.
At the March 5, 2026 City Council meeting, this ordinance was left on the first reading.
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March 5, 2026
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
RZN 2025-0075 East Ash Street: An ordinance to rezone the property described in Rezoning
Petition RZN 2025-75 for approximately 0.34 acres located at 900 East Ash Street in Ward 3
from RSF-4, Residential Single-Family, Four Units Per Acre to NC, Neighborhood
Conservation.
City Attorney Kit Williams read the ordinance.
Development Services Director Jonathan Curth presented on the item. Staff and the Planning
Commission supported the request. When it was evaluated for land use compatibility, they found
the proposed rezoning from Residential Single Family-4 to Neighborhood Conservation to be
appropriate, since both districts allowed only single family homes and had largely similar
standards. From a land use plan standpoint, the request also made sense. Neighborhood
Conservation would still limit the property to single family dwellings but could allow density to
increase from four to ten units per acre, and he felt the property’s infill characteristics supported
that change. He noted that tree preservation would decrease from 25% to 20% if rezoned.
He then explained the setback zoning standard. Residential Single Family-4 used traditional
setbacks, requiring buildings to be at least 15 feet from the street. Neighborhood Conservation,
however, used a build to zone, which required buildings to be placed within 25 feet of the street.
He showed that existing homes in the area sat anywhere from 25 to 60 feet back, generally
farther than the Neighborhood Conservation requirement. Even under current zoning, many of
those homes could already be rebuilt closer to the street if they were ever redeveloped. There had
been significant public comment, mostly focused on concerns about houses being built closer to
the street under Neighborhood Conservation zoning. All public comments were included in the
staff report. He reiterated that staff recommended approval and that the Planning Commission
had forwarded the request on a narrow 5–4 vote. He was available for questions.
Representative Konrad Siemek presented on the item. He described the housing that made up
the area from a land use compatibility perspective. He stated that if the City Council decided to
leave the item on the first reading, that was fine.
Council Member Stafford asked Jonathan if an accessory dwelling unit could be built with no
parking, additional stormwater and no setback requirement. Jonathan explained an accessory
dwelling unit would have to be built on an existing setback. The state law did not allow parking
associated with accessory dwelling units. Council Member Stafford and Konrad then discussed if
a tiny house was being built. Konrad explained it didn’t meet the definition of a tiny house but it
would be around 500 square feet.
Council Member Turk and Jonathan discussed if the lot could be split under the current
Residential Single Family-4 zoning. Jonathan had not seen a survey of the property but believed
it to be just over 15,000 square feet. Residential Single Family zoning required 8000 square feet
per lot so it could not be split.
Council Member Wiederkehr and Jonathan discussed if fire code required a 10 foot separation
between the two houses. Structures can be placed on the same piece of property together but they
have to be designed and fire rated for it.
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March 5, 2026
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
Council Member Wiederkehr went on to say that if someone moved into the home they were
bound to want windows, especially with the trail. The concerns he had heard weren’t anti-
development but were concerns about the front yard and the front yard setback.
Council Member Stafford and Jonathan discussed the gravel driveway that led right into the
intersection. He questioned if with the rezoning the road would have to be corrected or moved.
Jonathan explained the zoning would not dictate that and building driveways into the radius of
the curve was not allowed. The city could only require the developer to change their driveway
once they develop or redevelop the property when an impact happens. A rezoning would not
create the impact; it creates the potential for one.
Chief Financial Officer Marley Stark agreed with staff in Development Services in terms of
Neighborhood Conservation being appropriate for the project in the ability to potentially provide
additional housing choices and maintain the character of the neighborhood. She was a former
resident of Ash St and felt the investments in the area in relation to the trail had gone a long way
in terms of increasing mobility and connectivity to the neighborhood and other amenities. She
saw the project as an opportunity to deliver a gentle density within the neighborhood and
increase access for another family.
The City Council received 10 public comments regarding this ordinance.
Council Member Stafford and Jonathan discussed parking requirements that went along with the
zoning district. Jonathan explained if an accessory dwelling unit was built on the property it did
not require parking. If a house was being built they would have to provide parking. Council
Member Stafford then addressed that he found some public comments insulting when they
mentioned that living in a small dwelling would increase crime. He stated citizens would not
convince him to be on their side with comments like that and asked they keep those thoughts to
themselves.
Council Member Moore acknowledged that change was hard, especially when someone had
lived in the city for a long time. She felt the area around Ash St was eclectic and there was a lot
of variation in housing, adding that she couldn’t be a neighbor in the area if she tried to purchase
a home with her current income. She shared her personal experience with her children and that
she had all of her property in her front yard so it was disheartening to hear that her neighbors
would not be supportive if they decided to have her child live close to her; adding that if
everyone did a little, no neighborhood would have to do a lot. She acknowledged that the
neighborhood in question hadn’t had development similar to the proposal before but middle
housing was missing from the community and people were happy to have affordable housing.
She was very supportive of the project and felt single units were needed to ensure all had a part
of Fayetteville. She was hopeful the neighborhood understood and was available to speak with
the public afterwards.
Council Member Berna prepared for the item by driving through the area prior to the meeting
and concluded that it was not compatible with the neighborhood. He expressed concerns with the
trail and where the house was on the lot. He would not be in support of the item unless someone
provided him with additional information he hadn’t seen yet.
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March 5, 2026
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
Council Member Turk and Jonathan discussed how close the accessory dwelling unit could be to
the trail. Jonathan explained there was a specification in trail design for a shy distance, which
was typically 3 feet.
Council Member Turk expressed concern with how close the accessory dwelling unit could be
to the trail. She thought the trails were wonderful but argued there was great uniformity within
the neighborhood with their setback. She was not in support of the item and agreed with Council
Member Berna.
Council Member Wiederkehr shared concerns. He appreciated Council Member Stafford’s
comments, stating it didn’t benefit anyone to overstate or exaggerate the impacts of a project and
what was heard was unrealistic and unfair. His concern laid in the Planning Commission have a
5-4 vote, which he stated was rare. He thought it unfair to cast aspersions if someone were to
express concerns about the particular site as the City Council had supported this developer
before. He appreciated the developers’ previous work but added it didn’t mean every proposal
they submitted would be rubber stamped. He felt he owed it to the developer to review the
Planning Commissions’ meeting to hear the concerns that were expressed and to see who was in
favor of it.
Council Member Dr. Jones then asked Chief Housing Officer Marley Stark her opinion as it
related to the housing crisis. Marley brought attention to Council Member Moore’s previous
comments that neighborhoods change over time and in order to meet the evolving housing needs
as a community as a whole, all will have to take on the mantle and know that some change was
going to affect all at the neighborhood level. Council Member Dr. Jones liked the idea of
evolving.
At the March 5, 2026 City Council meeting, this ordinance was left on the first reading.
Announcements:
Chief of Staff Keith Macedo announced that the bond election that was held on March 3, 2026
was the largest municipal bond that had ever been approved in the state of Arkansas. Staff was
working on plans and how to prioritize the funds. He was excited to get to work on the projects.
Council Member Dr. Jones announced that on March 7, 2026 the University of Arkansas for
Medical Sciences would be launching a barber shop talks initiative in Fayetteville to engage the
community about men’s health and wellness. There will be a special guest, Darren McFadden,
who will share his story at Theatre Squared. Lunch would be provided and it would be the first
time the research project was launched in Fayetteville.
City Council Agenda Session Presentations: None
City Council Meeting Minutes
March 5,2026
Page 16 of 16
Citv Council Tour: None
Ad iou rn ment: 8247 p.Ir.
Molly Rawn,Kara Paxton,
1 13 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov