Fayetteville City Council Meeting Summary - November 4, 2025
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Okay.
We are now calling the November excuse me, November 4th meeting of the Fayetteville City Council to order.
Clark Paxton, will you please call the roll?
Minister Jones.
Mr.
Stafford.
Present.
Dr.
Jones?
Here.
Ms.
Moore?
Here.
Mr.
Wheedaker?
Here.
Mr.
Burnett?
Here.
Ms.
Bench?
Here.
Ms.
Turner?
Here.
Mayor Ron.
Here.
Please join me as we recite the Pledge of Allegiance.
Okay, I would like to thank and recognize Rusty Turner and his journalism class who are here observing us this evening.
We always love to have students come and you picked a doozy.
One more announcement that I have before we get started with our first presentation is that I will be urging my uh the our city council members to um hope that we can wrap up this meeting by 11 o'clock.
And if we cannot, I would entertain a motion to adjourn until tomorrow.
That is certainly the call and the uh purview of the council, as I cannot make that, but I did want to put that out there as I'm trying to be respectful of everyone's time.
Um and our first item of the agenda, item one is a presentation from Stephen Dotson, our chief financial officer, and it's the uh sales tax and monthly financial report.
Stephen.
Thanks, Mayor.
This is the uh August sales tax report.
In August we saw taxable sales in the city totaling approximately 305 million, which was an increase of nearly 7% or around 20 million compared to August of 2024.
This increase was led uh strongly by the retail trade sector, which was up 6% year over year, representing an increase of roughly 8.7 million.
In that retail trade sector, we noted that building materials were up 11%, general merchandising stores were up 5%, and grocery and convenience was up around 21% or roughly 2.3 million.
Transportation and warehousing was also up roughly 2.6 million dollars, and we saw the accommodation and food services sector was up around 10% or roughly 4.2 million.
All in all, we noted a 7% gain in uh total taxable sales compared to 2024.
So this was a very good month for us.
Moving on to the actual tax collection results in August of 2025 compared to 2024, the city one penny sales tax was up 6.8 percent.
The county portion to the city was up 8.1%, resulting in a total combined sales tax collection increase of roughly 7.4% or 366,000 compared to August of 2024.
Year to date, the combined city and county sales tax are up approximately 5.7 percent or 2.4 million compared to last year.
Now it's equally important to compare uh the tax revenues to what we had actually budgeted for.
Um looking at that analysis, the sale the city one penny sales tax is up around 3.4% compared to budget.
The county portion, we're up around 5% for a combined total for the month of August up 4.1% compared to budget, or roughly 208,000.
That's gonna put the city on a year-to-date basis compared to budget through the through August, up a combined 2.6 percent, or roughly 1.1 million for sales tax.
Uh and as a reminder, all of those sales tax collection reports, all the previous reports that I've given, um, those are posted on the city's website under the finance and administration department link if anyone would like to review those.
Um answer any questions on our sales tax report.
Yes, um council member uh Stephen, what was the grocery inconvenience up again?
Is it 20?
Uh let's see here.
Grocery inconvenience was up 21% or roughly 2.3 million dollars, and that's uh total taxable sales in the city.
Okay, thank you.
Thank you, Mayor.
Um, well, we certainly had a really good month.
Um that that's really encouraging.
Um do you have a projection when where you think we're gonna end up at the end of the year?
When I say that the city on a year-to-day basis compared to budget through August is up a combined 2.6%, or roughly $1.1 million for sales tax.
If you recall, we um we adopted a budget with a three million dollar uh shortage or shortfall.
We went ahead and made up for that using uh general fund reserves.
Um so basically, any of that difference we're we're gaining ground on that three million dollar deficit.
And now we did add some things throughout the year.
We had uh the salary plan that the uh the council implemented as well as a few other things, but uh at this point in time uh I I don't really have an estimate of where we're gonna end up for the year, but that's something that we're definitely keeping an eye on.
These tax numbers are pretty encouraging.
Can I ask one follow-up question?
Sure.
Um, so you know, we're gonna have that budget meeting on Thursday, and so it would be really helpful if by then maybe you had sort of a projection where you think we might end up if that's if that's possible.
Well, I can I mean I could narrow it down, but I'm not I don't want to go out on a limb and say, because we you know these sales tax numbers, they do bounce around.
I mean, even the numbers that I've presented over the course of the last year, and uh you know, as you recall, those tax numbers last year um we we kind of weren't necessarily where we wanted to be towards the end of the year.
So I'll do I'll uh talk about that a bit more in our budget meeting.
And by the way, that budget meeting will be is moved to this room on Thursday.
Uh we're having some AC work done downstairs, so we figured you all would appreciate the air conditioning.
Okay.
I do have one quick one more question here.
And it's about the groceries and convenience items again.
Do we 21% is a lot that we're at?
Do we have any way to calculate what is actually new sales, or how do we how do we gauge that against the overall price of groceries and stuff that's gone gone up?
I mean, I'll see if I can dig into the the numbers behind the scenes and and maybe at the next report provide a little bit of information there.
But keep in mind too, that 21% is it translates to $2.3 million.
So well, that percentage is way up compared to what we you know saw in August of 2024.
It's still not up a ton overall.
Okay, all right, thank you.
It is kind of interesting.
You know, I provide this report every month, and we see different things kind of popping out every month in terms of growth.
And it's uh it's tough for us to pin down what's driving that.
Um, but we we do keep an eye on it for month to month.
But I'll I'll provide some more information at the next one.
Um, and I also have if it's all right with you guys, I'm gonna move on to the monthly financial report for the month of September.
Uh starting off from the general fund, our property tax were up four percent uh through the month of September on a year-to-date basis compared to budget.
Our sales tax is up three percent.
Franchise fees, those are down roughly two percent.
Um we saw building permits way up around 41% or $900,000.
Um, that's one that you know kind of I've been reporting on every month, and we've seen that continually uh increasing.
And I think you know, a lot of that has to do with uh the work that Jonathan and his team are are doing.
Uh we saw our turn back up three percent or roughly 28,000.
All in all, in the general fund, we're up 3.5 percent compared to budget through September, roughly 1.9 million dollars.
Over in the street fund, uh, we're flat in that fund for the year, we're up roughly uh 14 14,000 for the year.
Uh we're also flat over in the parking fund or up around uh $5,600 for the year.
Um in the parks development fund, we are up route around 3.5 percent uh year to date.
Um that is driven primarily by some increases in our HMR tax collections, we're up roughly $70,000 there.
Over in the water and sewer fund, we're up roughly 1.6% or around $780,000 for the year uh through the month of September, and that's primarily driven by our charges for services, which were up 2%.
And they've been holding it roughly 2% up uh for a while now.
In the stormwater management fund, once again, that's a new fund that uh I'm gonna be reporting on.
This is our second month worth of billing for that.
So far, we have roughly $346,000 uh in revenue in that fund.
And I'll be talking a little bit more about that stormwater fund at our meeting on Thursday.
In recycling and trash, we're up 1.7% in the fund overall through the month of September, or roughly $73,000.
And that was uh led strongly by our franchise fees, which were up 13% or roughly 42,000, and our charges for services are up a little bit as well.
And finally, in the airport fund, that's driven primarily by our fuel sales.
We're up six tenths of a percent uh for the year through September, or roughly $13,000.
And our number of flight operations, uh, this is a good statistic.
We're up around 9% for the year, or roughly $1,702 more flight operations.
And uh that is my monthly report for September.
Can I answer any questions on that?
Councilperson Moore.
Thank you, Mayor.
Um and you may be covering this during the budget discussion you talked about for stormwater, but I know we loaned ourselves as we got that utility started, and so based on the receipts that we're seeing after month two.
Do we have kind of a little bit of a quick summary maybe of what we're kind of thinking for that payback?
Sure, I'd be happy to talk about those revenues and the expenses.
Um I I kind of plan that as part of my presentation on Thursday.
If it's okay, I'm happy to wait.
Sounds good.
Um, and also uh any council members who cannot make that Thursday uh meeting.
I'm happy to meet with you one on one.
I know uh Minister Jones uh reached out to you.
We're gonna arrange a meeting, and we're also going to be recording this meeting, and we'll be following up at the agenda session and the following council meeting as well.
So any other questions you all might have, uh we can take care of them at those meetings too.
Thank you, Stephen.
I'm sorry, did council have did I get did council have more questions for Stephen?
I apologize if I rushed that.
Okay, thank you.
Um next up a proposed agenda additions.
Um, I believe we have a walk-on item from Dr.
DeAndre Jones.
Yes, we do, Mayor.
And I believe, Kit, this is the appropriate time to do walk-ons.
Is that correct?
That is correct.
Okay.
Are we just now discussing adding the walk-on or do we vote on it and and hear it at this point as well?
I think that was a clarification.
Yeah, the rules need to be suspended so we can walk this on.
Okay, got it.
So I would be entertaining a motion to suspend the rules.
Motion to suspend the roles to hear the walk-on.
Second.
Okay, I have a motion and a second to propose the rules and hear um the walk-on related to um a letter from the council for related to SNAP benefits.
Is that correct?
Okay.
Um, Clerk Paxton, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore, yes.
Mr.
Weaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
And normally, Mayor, when we do this, I read the resolution so that uh the public will know uh what the city council is going to be discussing.
Okay, I think let's do that and then we'll turn it over to Dr.
Jones.
Oh, I'm sorry.
Yes.
Real quick question.
Do we have a copy of that ourselves?
Um, I thought that was going to be provided, but uh, I don't know if you've seen that.
Oh, okay.
Oh, I would like to make a motion maybe to postpone it to later in the meeting, maybe as our first new item of business, and maybe we can get an electronic copy or paper copy sent to see a call.
Yeah, that makes sense.
Absolutely.
If that is possible, Clerk Paxton, is that something we could maybe get?
I apologize.
So you just want to table this to the beginning of the new business, please.
With the with the expectation, then what?
I want to make sure that where where is the where are you wanting the to have it forwarded then?
Is that what electronically to either get a paper or electronic version of the language for folks to be able to see prior to discussion?
Got it.
Okay, it's just making sure I understood for the second the motion.
Yeah, okay.
We we have a motion and a second to postpone to the first item of new business on for the walk-on.
Clerk Paxton, will you please call the roll?
Minister Jones, yes.
Mr.
Stafford, yes, Dr.
Jones.
Yes.
Is more yes, Mr.
Wiedaker?
Yes.
Mr.
Berna, Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay.
Great.
Thank you all so much.
Um, that moves us on to our consent agenda.
However, there is one item, item A4, um, that I will need a motion to pull from no no motion.
I'm sorry, Kit, go ahead.
Uh, it can just, since it's on the consent agenda, uh, the situation happened is that uh when our fleet superintendent submitted this item to the city council agenda, he was relying upon information in the HGAC contract documents that indicated that Burgoff Clamp Inc.
was the entity from whom we would have to purchase this asphalt pot how pothole patch truck.
Then after the uh agenda was published, unfortunately, he found out that no, we'd have to make a purchase from Houston Freightliner Inc.
Or it would cost us an additional five thousand dollars.
So to save that five thousand dollars, we have to pull this out so we can change that resolution.
Okay, what manner would you like for us to take to make that to pull that out?
If not, if not a motion, then you can just remove it yourself.
Okay, I'm going to be removing that item and we will be taking it up at the end of consent.
So I will now read the remaining items on consent.
Item A1, approval of the October 7th, 2025 City Council meeting minutes.
A2, approval of the October 21st, 2025 City Council meeting minutes.
A3, amendment number one with RJN Group Incorporated.
A four is being pulled from consent.
You will not be voting on it as part of the consent process.
A5, Walker Senior Center Generator and automatic transfer switch purchase that will support the meals on wheels and senior nutrition programs.
A6, approval of on-call electrical contract with King Electric.
A seven, approve an agreement with Fresh Start Junk Removal LLC.
Item A8, a 2025 Boston Mountain Recycling Grant, a nine, FPG fueling station site plan design and A10 FY 2026 step grant award.
Mayor make a motion set the consent agenda as presented.
Second.
Okay.
I have a motion and a second.
Clerk Paxson, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore.
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Burnout?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay.
That is going to lead us into unfinished business.
First.
No, actually, we go right to the one we pulled off.
Oh, okay.
I thought that was the beginning of new business.
Forgive me.
All right.
Going right to the recently removed item.
Transportation asphalt patch truck replacement.
Kit, will you please read what you need to read for that resolution?
Well, I've already explained what happened.
And uh uh Blake Pennington has sent a memo out to the mayor and council and CARA about this on October 27th and had the resolution there.
And basically all it does is change out uh the person where the entity we're buying it from to Houston Freight Later Freight Lighter Inc.
And so that's uh that's what the resolution would be exactly the same except from a different okay great thank you so much and I'll be um calling for a motion to accept that purchase.
Mayor, I'll make a motion to accept that purchase second second.
Okay, we have a motion and a second since this is now no longer on consent.
Do we have any members of the public that would like to offer public comment on the purchase of the pot hole patch truck?
I'm not seeing any.
Clerk Paxton, will you please call the roll?
Minister Jones, yes.
Mr.
Stafford, yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berta?
Yes.
Ms.
Bunt?
Yes.
Ms.
Turk.
Yes.
Okay.
Now we are moving on to unfinished business.
The first item of unfinished business, item B1 is PCD 2025-3 on North Raven Lane.
This is an ordinance to approve a residential plan zoning district, PCD 2025-3 for approximately 49.2 acres located on North Raven Lane in Ward 4.
And this item was left on the first reading in October and was tabled to this meeting.
Mr.
Williams.
Okay, if you don't want to call uh have a suspend the rules to go to the third final reading, or you want me just to read it?
I'll motion to suspend the rules and move to the third and final reading.
Okay, we have a motion and a second to suspend the rules.
Uh Clerk Paxson, will you please call the roll?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
In order to approve residential plan zoning district entitled PCD 2025-3 for approximately 49.2 acres located on North Raven Lane and Ward 4.
Mr.
Kurth.
Thank you, Mayor.
And as I alluded to at your agenda session, a update was uh made to this request.
There's a new ordinance that's attached to this specifically describing uh everything that entails.
Uh, but to give you an overview of what that looks like prior to the council considering whether they want to make that amendment, I will uh present that visually first for your consideration.
Uh as a brief reminder, this property is in Northwest Fayetteville.
It is located, as the mayor noted in the description of the item at the north end of Raven Lane.
Uh it is immediately southwest of Underwood Park and uh has the uh Claver Creek running along uh its northern uh edge.
Uh it at it at its um uh at its root, the change that is before the council tonight is to reduce the size of the area being proposed uh for PCD amendment from what you see here, uh which included both uh the parcel immediately north of the Crystal Springs phase four subdivision and a portion of property uh associated with the underwood PZD to only include the portion immediately north of the Crystal Springs Phase 4 subdivision.
So where you previously saw a request to rezone from RSF4 and PZD to this new PCD, it's just rezoning the portion that's a RSF4 today to the revised PZD.
And what that looks like uh in terms of the site plan that the applicant submitted in their PCD booklet is that will effectively uh remove the portion in the northeastern corner of the prop property from the PCD.
Uh that will be developable under the existing PCD entitlements associated with the underwood park PCD.
Uh so for uh the purposes of tonight, uh, what's in the consideration uh if the amendment is accepted as the portion outside that grayed out area uh to the southwest or to the portion immediately in the light green.
Uh staff is recommending in favor of this request.
When the planning commission heard the larger proposal, uh they uh recommended approval uh to city council by vote of six to zero to one, uh finding it to be compatible with the area, and including that it's a largely single-family in nature and an area that is uh uh almost exclusively residential, and also that it incorporated several areas of green space uh adjacent to the Claver Creek uh floodplain area uh that would be complementary to it.
Uh with that, I'm happy to take questions, Mayor and or council and uh Andrew Malner is uh uh present as the applicant for this item and has a presentation ready.
Okay, council.
Um would you like to go ahead and hear the applicant's presentation before we ask clarifying questions?
Okay.
If the applicant would like to come up and present good evening.
Uh my name is Andrew Meltzer.
My address is 2500 Evans Trade Center Drive.
Uh good evening, council.
This this evening I'm going to be talking to you again about a next chapter neighborhood, as we did a few council sessions ago.
Um, but in essence, the request this evening, of course, is to uh uh approve a rezoning request for a market rent, market rate rental housing community in Fayetteville.
Um I know last council meeting we went through a lot of details about what a next chapter neighborhood is and what it looks like, um, but I'm going to attempt to keep it simpler this evening.
Um, subject to, of course, a the QA portion after, and uh try and just talk through as simply as I can what the project is and what we hope to achieve.
So I'll use the presentation to guide my com my my um my notes this this evening, but by no means will I run through the whole thing like we did last time.
So, Jonathan, if you'll click through, please um one more time.
Perfect.
So uh as staff mentioned, uh an amendment to the request this evening around the size of the request.
Um there's a pretty lengthy explanation as to why.
The what I've tried to condense it down into uh under my 10-minute time constraint is that um we previously had uh a provision in the PCD that said if no action were to take place on this project for two years, that it would become essentially null and void.
We were since told and and kind of collectively with staff and and legal figured out that's actually not allowed in Fayetteville, much less Arkansas.
So we had to remove that, remove that provision and consolidate our request down to the 33-acre portion.
Um the project will still work as as staff mentioned because the 16-acre parcel already has a PZD on it, which allows for our project to be built.
Uh and so we're the request this evening is just for the 33-acre piece.
Go ahead, Jonathan.
Uh the project is the same, it's next chapter neighborhood, um, showing roughly on the site plan about 276 units uh as of today.
They're all individual single family homes or smaller in nature, as we discussed last time.
A lot of people refer to them as cottages.
Um keep going, Jonathan.
Uh as I mentioned, it's in essence, it's a market rate rental housing community.
Um we feel like at next chapter neighborhoods, we have come up with a better mouse trap opposed to a traditional stacked apartment complex.
Um we develop and build and operate and own a product that we feel provides a better housing solution for someone who has made the decision that I'm going to live in an apartment.
Uh, there are two primary trade-offs we feel our product addresses in that regard.
Um, one, shared walls with your neighbors when you live in an apartment.
You have next to you, above you, below you, in a next chapter neighborhood, of course, there's no shared walls, everyone has their own home.
You eliminate uh that that negative.
The secondly, and perhaps the one we're most proud of is a sense of community and true neighborhood that is established when you live in a next chapter neighborhood.
Uh, I went through, I think at length last meeting, and I can go back again and show you the pictures of our in our neighborhoods and developments.
Um an organic community springs up of people who live there.
And it's not just you know, you drive to your apartment, you park, and you go to your unit, you never talk to your neighbor or talk to anybody else.
It's it's a true neighborhood that people interact and live in and are proud to live in.
And it's something that uh kind of like I said, sprung up sprung up organically, and we're very proud of.
Go ahead, Jonathan.
You can click through, I think, the next few.
Yeah, it's a promise I'm not gonna go through.
I'll leave just a reminder.
Um you live with us, and and I can say a lot of things about and describe how a next chapter neighborhood works, and I realized the other day, everything I would tell you would be almost describing identically how an apartment works.
So if you're wondering, well, what is this this housing community?
It's very, very similar to an apartment in that you pay your rent and everything is taken care of for you.
The outside, the inside, everything is kept up by one common owner, and that's us, which is another huge positive about our developments.
Go ahead, Jonathan.
Uh not it it's not just an it's not just a development, it's a true neighborhood.
Again, we we touched on that lightly.
Go ahead, Jonathan.
Uh, here's the site plan kind of graying out that 16-acre piece just to show you that that's the existing PZD that's there today.
And our request is for the 33-acre piece and how our site plan fits in there.
You can keep going, Jonathan.
Um, here I've just highlighted again some of the features around or within a next chapter neighborhood, some of the amenities, how it's laid out, the green space we've preserved.
I have another slide coming about how we're going to interface and interact with the park, uh, which is very unique to the site, and I think has potential to be it will be the best one we've ever done, and one that Fayetteville will also be incredibly proud of.
Keep going, Jonathan.
Um, here's some road connections.
I know that was a topic of conversation and maybe some questions of of where the roads are connecting going to connect.
Uh, there's two connection points to the south there to the to the neighborhood to our south, and then we'll have an additional connection point there at the top right over to Dean Solomon Road as well.
Go ahead, Jonathan.
Uh one of the councilwoman, I forget which one it was.
I made a promise that I would highlight the public streets for you in this rendition of the presentation.
So we've done that.
Uh and I know there's some conversation around that, but again, I'll try to simplify here.
Um there's a master street plan in Fayetteville, you're all aware of.
We're meeting that master street plan.
Uh, we're not requesting any deviations from it, and the connection points as staff has asked from us are going to be public streets and publicly owned, publicly managed.
Um, the rest of our development will still be private streets, just like they are in any other apartment complex that that has come before you or will come before you.
Um, everything will be taken care of by us in those sections.
Go ahead, Jonathan.
Uh here I'm just showing you how our neighborhood could potentially interface with the park, and I'm realizing the one of those images doesn't look quite as good on this TV as it does on ours.
Um, but Underwood Park obviously is developing to our north.
Uh our project there is going to fit in in the middle between the park and the neighborhood to our south.
And the opportunity to connect to the park is something we're incredibly excited about.
We're going to provide numerous connection points to the trails and sidewalks of the park.
I mean, that fits in with our with our methodology and what we like to do perfectly.
Um, if you go to the next click, Jonathan, I've highlighted highlighted actually how the trails are walked through the park and they can get to the school and the Gary Hampton softball fields there.
So it's something that we're very excited about to be able to integrate with the park, and it was important to the underwoods as well.
Uh and I can talk about it at length, trying to consolidate here this evening.
Go ahead, Jonathan.
Um I went through and you know, in preparation for our last meeting, and definitely in preparation for this meeting, tried to reference to two, I think, guiding documents around housing in Fayetteville.
Uh, the recently updated in April of 2025 Fayetteville housing assessment, and then the Walton Families Foundation's uh housing study that recently came out.
And there's some interesting excerpts throughout those studies, which I'm sure you guys are very familiar with.
I tried to pinpoint a few to contextualize how we might be able to fit in with the goals uh by building a next chapter neighborhood in Fayetteville.
Jonathan.
Um something I found interesting, and and really it lined up well with what I already knew is that a next chapter neighborhood is uh it adds to the diversity of housing within a community.
And that that's something that is spoken to across both of those studies and reports.
Um I think the quote here not all residents want to live in a single single family homes on large plots of land.
I mean, that's a kind of a snarky quote the report comes up with.
But what it represents is that people in Fayetteville and really across the country are looking for more choices in their housing and specifically in their rental housing.
Um and this is exactly what a next chapter neighborhood provides in that regard.
Go ahead, Jonathan, to the next one.
Uh the missing middle infill, um, the kind of gap developments I know are very important to Fayetteville and and worse or were spoken to in those studies.
This would meet every definition of such.
This is an infill project.
Um we're increasing the density of the parcel from four units per acre up to seven units per acre.
We're utilizing existing infrastructure, and we're physically filling the gap between the park and neighborhoods to the north and the neighborhoods to our south.
Jonathan uh I tried to go through and summarize what I took from the reports, which are are just statements of truth.
Um there is a shortage of housing in Fayetteville of all types, of all types, not of not of high-end homes, low-end homes.
Every type of home, there's a shortage of housing in Fayetteville.
Um, there's a need for more a more diverse mix of housing in Fayetteville, as I just mentioned.
That was evident in the reports.
And of course, as I just mentioned, infill should be prioritized.
And I feel like our project checks all three of those boxes.
Um, and it's something that I think fits in incredibly well with the projection for Fayetteville housing.
Jonathan.
I'll leave it at that.
Um, I almost timed it perfectly in my 10 minutes.
Please, I'd welcome a QA.
Uh, maybe the first queue can be some more detail around the amendment, but um, I'm happy to answer any questions.
Thank you so much.
Do we have questions for Jonathan or the applicant?
Minister Jones.
I just recall when you presented this the first time, you were talking about making a partial improvement to the street, but today you didn't say that.
So is that the same, or is it you're gonna make full improvements to the streets?
Uh so the the on the site plan where you saw those blue highlighted streets, those are going to be publicly owned and uh maintained streets that we're building to the fullest extent, and then we'll be dedicating to the city of Fayetteville.
Is that answer your question?
Um, even to the ones that connecting to double spring that is not developing right now, it's it's truly underdeveloped to be able to handle the type of traffic that'll come into that area.
Yeah.
I'm sorry, I said double.
I'm Dean Solomon.
Okay.
So that is not developed right now.
Oh, the connection to Dean Solomon?
Yeah, if that'll be a part of our project, it's just not included on the site plan because it's off-site.
The underwoods will be granting us an access easement to build that road, and it'll also be a public road.
So that my guess my next question is to Jonathan, is that um the full 20-feet wide street with um sidewalks on both sides?
Yes, that's a typical street requirement.
Uh it's a minimum of 20-foot width.
We've I think we've talked about that a bit lately with regards to fire code and then green space and sidewalks.
Yes, ma'am.
Thank you.
Um, Dr.
Jones.
How many of these are you going to build?
276.
Okay.
276.
Okay.
What's the square footage?
The average is about 1100 square feet.
We have one bedrooms, two bedrooms, three bedrooms, four bedrooms.
Okay, thank you.
Yes, sir.
Um follow-up to Dr.
Johnson.
Oh, I'm sorry, Sarah.
Ms.
Moore, and then and then and then Mr.
Susan.
Just a quick follow-up.
276 uh units or 276 bedrooms units.
Thank you.
How many bedrooms does that?
I actually don't know the answer to that off the top of my head.
It's actually included on that site plan, one of those tables, but I don't know.
No worries.
Okay.
Miss Moore.
Thank you, Mayor.
Welcome.
Um, so you spoke about diversity of housing.
Um, and I think we had this conversation when you presented before.
Um, I'm seeing obviously just like little um single-family homes, you know, blocked here, but um, as far as the renditions that were picture that may be in some other communities, these looked like very much the same house over and over again, maybe just um uh inverted um with you know front-facing driveways.
Um, these don't seem like they have like driveways to the back.
It doesn't seem like there's like a variety of changes to the housing.
Is that will we anticipate that the actual end product is gonna look much like those?
Sure, it's a great question.
Um I actually have some pictures of the homes later in the presentation, Jonathan.
I'm not sure I'm gonna make you click all the way through them.
Um the short answer to your question is we we are very sensitive to the monotony that I think you're you're you're getting at with the homes.
Um the homes are our variety of floor plans.
Uh Jonathan's feverish you're clicking through there.
A variety of floor plans, and we're very sensitive to how we position them along the street.
Um we don't have any rear driveways, they are all front driveways.
Um, but we we are intentional about making sure we don't ever have five homes in a row together.
And we we make sure that we break it up and it it because we also don't want it to look like the same home placed over and over again.
So we have at this point, I think 11 different floor plans, and we're very intentional about how we place those.
And then um a follow-up to that too, is that with that site plan, the way it's on that piece of land, the layout looks very similar to the pictures we've seen from the other communities.
What how much was changed to this particular site?
When I look at that piece of land in particular, I see groves of trees, but I see housing placed over that.
Um it doesn't look like the land preservation was in regard to those particular groves, and so I was hoping you could walk us through that.
Absolutely.
Jonathan, can you find one of those first slides in the presentation all the way at the front?
Um it's a it's a great thing to bring up, and it's something that I haven't mentioned, but we actually had to revise our site plan at the recommendations of our great engineers, Craft and Toll.
Um, we shifted some roads and units over to be able to preserve more trees on the site than we previously had.
I'll show you where that happened on the plan.
Um we're not uh requesting any deviations from the Fayetteville tree preservation ordinance, so we're meeting everything in that regard.
And then we will be overlandscaped on this site from the minimum landscaping.
So we're gonna meet all the public and private street tree requirements, all the public and private landscape requirements.
And as it's consistent with every development we've ever done in our company, we are always over landscaped because we feel like that's a benefit to the neighborhood opposed to not.
Uh the area I was talking about is at the top left.
Um you can see we kind of have uh homes surrounding a grove of trees.
We we we carve that out to try and preserve the trees in that area, not just wipe them all out.
So we couldn't do that on across the entire site to save every tree that's there, but it we were sensitive to it when we were laying the site out.
But you're right, councilwoman.
Trees are gonna come down on this site.
There's no doubt about that.
But we're gonna be overlandscaped uh in preserving and replacing them when we're done.
And then I just have one follow-up.
I mean, that's the great thing about PCDs, is they give us that great flexibility to really be contextual to that site.
Yeah.
And so is there any flexibility or movability with this to be able to preserve more of those areas that have the groves of trees to have those nature?
I know it abuts to Underwood Park where we do have the full nature, but I just am curious.
This feels like a lot of concrete.
I mentioned that at the last um council meeting, and it seems like it came back looking much the same.
And so I'm just I'm curious if that's if there's any movability to that.
There is, you know, something we've done.
We actually have a site under construction right now, just outside you know, different part of the country in South Carolina to where uh we we got a plan approved, and when we got into construction on the site, we walk around the site and say, hey, that's a beautiful tree.
We need to find a way to keep that.
And we we we were showing on our plans to for it to be removed, but we decided not to.
So that's the approach we've taken in the past, which is we need to get a site plan approved that works from a business standpoint.
Um, but once we get into the construction, we then have the flexibility to say, okay, well, we were approved to remove that tree, but we don't want to because it's a benefit to our neighborhood.
Um looking on this site plan specifically, I want to point to you to a few constraints.
Uh, there are some wetland areas on the site, primarily in the middle there, um the middle center, which really constrains where we can move things and it makes things very tight.
So we we have to be sensitive to a lot of things, trees and preservation being one of them, but also our unit count.
And so when you really start adjusting that unit count starts going down, down, down, and then the project at some point becomes unsustainable.
Thank you.
Minister Jones, do you have another question?
Thank you.
Just um a couple more questions.
I don't know at what point, Jonathan, we start doing a traffic study on how this is gonna impact North Raven Lane at the bottom.
Is it north?
Um, at what point do we start doing traffic studies and working with the city in order to create safety measures around the amount of traffic this is going to produce?
Our development code requires or our minimum street standards, excuse me, require traffic studies to be submitted with a development proposal.
So at this point, we're still in the zoning stage of a project.
The next uh portion of the process, which would for this would be a large-scale development.
That's the point at which a traffic impact analysis or traffic study of some variety uh would have to be submitted for our engineering staff to evaluate, and that can inform uh what's uh public street requirements maybe require or maybe necessary, including on-site or off-site.
Okay.
And do we know what school district this will impact if we already at what point do we determine whether or not that the school districts surrounding this area could absorb this amount of new development?
We we solicit input from the school district on every rezoning.
Uh we did not receive any feedback on this one.
Uh this is immediately adjacent to Holcombe just on the Fayetteville School District.
This is Fayetteville School District, yes.
Um I have to get to their questions.
Or do you have an addition to that answer?
Yeah.
Okay, yes.
I know there's been a lot of uh amendments on the on this.
There has been a traffic study done, and it was submitted with the packet, and it calls for no improvements on the roads because the impact is going to be so low.
Just wanted to make you guys aware of that.
And then for the schools, we reached out to the superintendent of Fayetteville Schools and had a conversation with them directly about our project, and they had no concerns.
Thank you.
Councilperson Turk.
Thank you, Mayor Ron.
Um, so there have been some concerns about who will be living there, and I wondered if you could kind of um walk us through some of your other properties.
Are they mostly college students or the young professionals or their elderly?
Can you can you kind of give us a general mix?
Because I've I've heard from constituents some concern about that.
Yeah.
Well, our product type, our founder always always says this joke.
Our product type does not appeal to the college age kid who wants to have a keg party by the pool, right?
There's a place for that and a housing product for that.
That's not us.
Um we more so appeal to a little bit later in life, uh, the young professional, maybe people with my age demographic, but then a lot of what makes a next chapter neighborhood great appeals to the 55 and up retirement community as well.
And that was on that was unintentional.
We that was almost surprising to us.
Um, but it makes perfect sense, right?
And I think I spoke about this last time about people with a fixed income having a fixed expense uh living situation to match it.
And so we've seen primarily three groups, uh the the retired crowd, the young professionals, and then the transient uh, you know, 35 to 50 year olds as well.
So um in your marketing campaign, because you're gonna get out and sort of market this, those will be the the um demographics that you'll be marketing to.
Yes, and and we we actively avoid um the college, the college renters.
We like I said, we just don't think it fits our product type and what we're trying to achieve.
Okay, thank you.
Yes, ma'am.
Oh, council person, um, councilperson Burner.
I just want to clarify do we need to make a motion to accept an uh the amendment?
That's correct, Councilmember Bernard.
We certainly need to make a motion to amend to this particular document.
I'll make a motion to amend second.
Second.
We have a motion and a second to amend to Clerk Paxton.
And thank you.
Yes.
Uh Clerk Paxton, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Yes.
Yes.
Ms.
Moore?
Yes.
Mr.
Wheataker?
Yes.
Mr.
Burnout?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
And that amendment included the ordinance that was submitted in your packet at a later point, not the original amendment.
Okay.
Thank you so much.
Um, are you all ready for me to open it up to public comment?
Do we have any members of the public that would like to speak on this item?
Okay.
I'm not seeing I'm seeing one.
Yes.
Come on up.
Sorry, got a little too eager there.
Come on.
Yes.
Quick enough, was I?
Well, uh, do I need name and address?
Uh yes, please set your name and address, and I'll ask them to put a few more seconds on the call.
Okay, Craig Underwood, 2375 Fox Trail here in Fayetteville.
Uh, first thing I want to say is thank you to the mayor as well as several of the board members that came to the groundbreaking for Underwood Park we had a few weeks ago.
Uh, excited to see how that's going to develop, and that should be finished in about a year, which uh is fantastic.
As many of you know, uh, my wife and I have deep roots here in Fayetteville from our jewelry store on Dixon Street, where we've been there for almost 70 years, to other things that we've done to help the city with the parks.
Uh, completely unrelated underwood park on the south side of the town.
We have 50 acres uh next to Sequoia Woods that we've opened up uh for uh bicycle trails to that.
Kit Williams helped us uh draft that.
It's a zero charge, no fee, uh long-term release that is uh done that we've had for several years.
You probably also know my wife from all the activities and uh contributions she's done.
Uh she spent 10 years on the school board.
Uh, she's been uh board member as well as board chair for multiple uh organizations here from the Vaughn Richardson Center to Mount Sequoia to uh she is on the Fayetteville Chamber of Commerce, and uh um one of the things that I'm very proud of for her is a few years ago uh she the state of Arkansas through the Parks Department puts one person up a year for volunteer of the year for the entire state, and she won that award for her volunteer efforts here with the city of Fayetteville.
So we have deep roots, and because of that, it was no surprise to people that when we purchased the 124-acre razor back park that from the get-go or rage back golf course that we were interested in setting aside 20 to 30 acres for a park.
Part of that was from our joy that we had in being next to Goalie Park years ago and all the family outings that we had there with uh birthday parties and and kid events, and we knew what a great uh asset that is for young families to have.
So that's part of why we did it.
But one of the things we did when we first purchased a park is we started having meetings with members from the city.
We went, uh Jonathan Kirk was one of the first we met with, uh, asking him what he thought the direction was and what we should look at for the best long-term development.
Uh, we met with the mayor, we went met with several members of city council just wanting to hear feedback of where we should be.
And we have been very intentional in our development of this.
We with the uh park itself, we set it up with a 38-acre direct gift with 27 other acres that were tied to three developments of the park.
We have a 15-acre development, a 28-acre development, and this 49-acre development that next chapter is looking at.
And we've tied this as a partnership so that each time those land developments are done, additional parkland can be contributed and the park can grow.
I'm out of time, aren't I?
Mayor, I'd like to give you a couple more minutes.
Thank you.
Okay, I appreciate that.
So each of this has been done where it's very intentional, and we've gone through having those meetings with the city.
We've also attended a lot of the workshops that were done.
The um Walton Foundation had one in 2018 called Housing a Region, which was the first workshop I attended, and I've done multiple since then, all in the effort to make sure that when we position this property that it is going to be developed in a way that is going to be best for the community.
When next chapter came to us and was interested in looking at this land, before we signed anything, my wife and I flew up to Fort Wayne, Indiana, which is the most recent development that next chapter has done, and we wanted to see firsthand what this development looked like because we it's very important to us that this entire project be done right and what they are doing is done right.
It's something that I think will be a great asset.
There'll be diversity in the housing, and it's something that our community needs, this type of rental community that is a freestanding house as opposed to individual uh apartments are on there.
Through this whole process, we've worked with the city, we've gone through different workshops, and we feel that this is going to be the best project and product for this particular piece of property.
Anybody has any questions?
I'll be happy to answer them.
Thank you so much.
All right.
Thank you.
Do we have any more public comment in the room?
Good evening, Mayor Kyle Smith, 2801 Dove Drive, which is about four blocks south of this property, and I wanted to come and offer my voice in support of it.
I appreciate the variety of housing, the uh planning for connectivity.
Uh, this is gonna be a great place to uh to walk as an extension of my neighborhood.
I'm looking forward to it.
Um I have one minor concern.
Uh, it is the private streets.
Um private streets can be problematic, as uh councilmember uh Jones knows when a neighborhood that has private streets uh doesn't plan for those in the long term, they can have a hard time taking care of those, and then it's if they've deteriorated over time, it's hard for the city to step in and repair those uh for them.
So I understand why they need to do that.
Our our street plan uh can be kind of inflexible and doesn't give them a lot of options.
I think we could stand to give developers a little more flexibility in meeting site-specific needs uh with the cross-section variations.
Uh that said, I I think the overall plan is great.
I hope that the uh construction of the engineering of the road will be up to city standards so that if in the future something happens, it's ready to be taken over.
Uh, but I understand the need for the private streets because of the narrow cross section of proposing.
So great plan, great project, and uh hope you'll vote for it.
Thanks.
Thank you.
Keith, do we have anyone virtually who would like to speak on this item?
We do not.
Okay.
Do we have anyone else in the room?
And I'm gonna bring it back to the council.
I believe it is on the final reading.
So we uh Minister Jones.
Yeah, I do have a that is a very good question, Jonathan.
How many private streets are in this community?
Can you bring that map back up?
Certainly.
The map I'm about to show is what the applicant provided.
The street you see in blue is what's proposed to be dedicated as a public street built to all public street standards, including not just construction standards, but uh how it appears in terms of sidewalks, curbs, and gutter uh and and those specifications.
And this was an acknowledgement of our master street plan, which has a connection going through this property through Underwood Park and tying back into Dean Solomon.
Uh the remaining uh drives, if you will, that are outside of the blue are intended to be private.
And so city utilities uh dump trucks, um fire trucks as well as trash trucks would have to go on their regular private streets, and we could it could cause damage to it.
So my question is I I noticed they don't have alleys, so all their pickups would be right in the front of their house.
Is that correct?
It does, yes.
Uh at this point, our recycling trash group and our fire department haven't reviewed it to the degree that they will during development review.
Uh, but yes, for for most intents and purposes, this will those will function as public streets as far as access uh and for what it's worth when it comes to private drives and private streets of this nature.
Oftentimes the construction standards are very similar to our city streets, it's just the design elements that may vary.
The sidewalks maybe have different appearances or different widths, the trees may be located on the other side of sidewalks instead of between the sidewalk and the street.
Thank you.
We have no go ahead, Councilperson Moore.
Thank you, Mayor.
Um, I didn't know if the applicant team could uh in in regard to just a follow-up, because you're right, um, council member Jones about the upkeep.
I'm just curious with the ongoing rents.
Um I would I'm I'm assuming that's factored in, but just want to make make sure about that.
Yeah.
Um something interesting, Jonathan.
I should pull up the site plan one more time.
Um this whole notion of private streets.
I I just want to just clarify something.
Um you took any section of the site plan where these you know private streets are, and you just imagined an apartment building there with uh a parking lot for your apartments.
Well, those are also private streets.
And so the concern, which are good concerns and can be addressed about well, what are we planning to do with them?
Will we upkeep them?
It's an identical to concern for if an apartment was being built here, right?
How are they going to keep up their parking lot?
Right?
How how how are city services gonna navigate the parking lot of an apartment?
And so it it's viewed almost identically in that fashion.
Um we, of course, are in highly incentivized to make sure the people going through our neighborhood uh can do so well and that the streets are maintained, otherwise no one's gonna want to live with us.
Um we also are very incentivized to make sure city trash and city services can also get through unimpeded and efficiently.
And I'm gonna jump in just a minute since it is her time and it's on the clock.
Is this answering your was your intent to ask a question of the applicant and is this answering it for you?
Yes, I wanted to just make sure with the rents if that was factored in because we do have neighborhoods and the city of Fayetteville with private streets that now there's no been no accruals, and they are struggling to do that maintenance.
And so just wanted to, and it sounds like you're saying yes, that is the case.
It's part of our upkeep budget, just like the the grass or the homes.
Yes, okay, thank you.
That's awesome.
Okay, thank you.
I'd like to ask Clerk Paxton to call the roll for the vote, please.
Minister Jones.
Yes.
Mr.
Stafford, yes.
Dr.
Jones?
Yes.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Turk.
Yes.
Okay.
And that's a vote.
Okay.
Thank you all so much.
That brings us to item B2 of new business of old business, excuse me.
Rezone 2025-33 on East Rockwood Trail.
This is an appeal of the planning commission denial.
It's an ordinance to rezone the property described in rezoning petition, RZN 25-33 for approximately 0.33 acres located at 922 East Rockwood Trail and Ward 3 from RSF4, single family four units per acre to NC, neighborhood conservation.
And I think I have confused, I learned last last council meeting.
I think I confused things by reading out loud that it was an appeal the way our city attorney has written it.
Is voting for the rezoning and a no vote is voting against the rezoning.
So we tried to make it really straightforward appeal or not.
So anyway, this was tabled immediately and has not yet gone through any readings.
So I will turn it over to you, Mr.
Williams.
Thank you, Mayor.
Yeah, ordained by the City Council of the City of Fayville, Arkansas, Section 1.
At the City Council of the City of Fayville, Arkansas, hereby changes of zone classification of the property shown the map exhibit A and the legal description exhibit B.
Both attached to the planning department's memo from RSF 4 residential single family four units per acre to NC neighborhood conservation.
Section two at the City Council of the City of Fayetteville, Arkansas here by managed official zoning map of the city of Fayetteville to reflect the zoning change provided in section one.
Thank you, Mayor.
This request takes us to East Fayetteville.
It's about 900 feet uphill from the intersection of Mission and Rockwood Trail.
The property includes about one third of an acre at the northwest corner of Rockwood and Jackson, which you can see here in the aerial imagery of the property.
It is currently developed with a single family home that accesses directly onto Rockwood Trail, is uh entirely within the Hillside Hilltop Overlay District in the City of Fayeville, uh which uh in zoning terms uh does allow for smaller lot size or smaller lot widths and the RSF4 residential single family four units per zone or per acre zoning district that the property has today.
Uh the request before council is an appeal of the planning commission's denial to rezone the property from its current RSF4 zoning designation to NC neighborhood conservation.
Uh from a purely land use compatibility standpoint, uh staff does uh find this to largely be a compatible to request compatible request.
RSF4 is a single family district that only allows single family uses by right.
NC neighborhood conservation is also a single family district that only allows single family uh uh dwellings by right.
Um however, where staff's findings become more mixed is in terms of our long range uh plans.
Uh, this area is designated as a residential neighborhood area on our future land use map, which again suggests that uh variety of residential uses are appropriate, depending on the context.
And this is where staff begins to find a misalignment with our long range plans.
Uh, we feel that the context of this particular location is not appropriate for an additional amount of uh density at this time.
Uh the number, the limited number of infill attributes that you see here uh suggests that it may not uh be appropriate for additional housing.
Uh while it does have adequate fire sewer fire response, sewer and water access and proximity to city park and and city trail.
Uh, we feel that the uh largely low density pattern in the area, uh coupled with the slopes uh uh uh in the area as well, and the general development pattern that has uh occurred here over the last many, many decades uh with uh large houses set back on large lots uh is not complimentary to the neighborhood conservation zoning district and its standard requiring street or requiring houses to be built towards the street.
Uh as far as other issues, uh the staff uh evaluated.
Uh this would reduce the tree preservation requirement on the property uh from 25 to 20 percent.
Uh but do keep in mind that the hillside hilltop overlay district requirements would bump each of those up 5%.
So really it is 30 to 25 percent.
Uh as I noted a moment ago, uh, one of the biggest differences other than the number of units allowed under the the NC versus RSF4 zoning districts is NC requires buildings to be built immediately up or up to the street, whereas RSF4 is intended to push buildings away from the street.
And uh, as you may have seen on the uh zoning map previously shown on screen, this is a uniformly RSF4 area where those homes have been built uh in a very specific pattern for many, many decades.
Uh another item that uh staff identified is that there is a sewer capacity issue downhill.
Uh however, given the size of the property, this is not a major factor in staff's consideration uh today uh or under the NC zoning uh the the property has very limited development uh capacity and it's its contribution to any sewer issues is uh accordingly very limited as well.
Uh to date we have received some public comment on the request.
Uh there have been concerns uh about this uh property being rezoned, uh specifically about changes that it may cause of the character in the area or the impacts it may have on the uh the tree canopy on this property.
Uh also there were some agenda session questions that council member Turk posed uh when this was first brought up.
Uh one was a question about accident data uh along Rockwood here, uh uh Rockwood, excuse me, Rockwood Trail here.
If you're not familiar with it, it is a very steep slope uh with uh some site visibility concerns uh and then looking at and also she uh councilmember Turk asked about utility conflicts.
Apologies, I got these backwards and how I'll talk about them.
Uh in terms of utility conflicts, uh, those of you who sit on the water and sewer committee are familiar with some work needed uh on the water and sewer lines in Rockwood Trail and the difficulties this could present uh logistically and evaluating this with uh the the city's utility engineer, however, they did not feel that this zoning would have any particular impact on those water and sewer lines.
I felt that that work could be completed regardless of what happens on this property.
However, in discussing those water and sewer lines, it was identified that there are major overhead power lines that run along the front edge of this property that you can see in the image there, which does not preclude redevelopment of this property, uh, but it may uh impact the ability to uh build it to the NC neighborhood conservation's build to requirements.
Uh, in instances where there are large overhead power lines like this, there are uh OSHA or federal standards that require buildings and structures to be set back a certain distance to allow access to them.
Um and as it relates to the accident data, uh there is uh one uh possible injury accident that's identified in close proximity to this property, which you can see near the middle of the screen in the the black rectangle.
Uh the majority of the accidents were downhill, however, uh as you near uh mission boulevard and Rockwood Trail.
And these numbers uh I believe were 2020 to 2024 data.
So this is over uh roughly a five-year span of of uh of traffic accident data.
Ultimately, on the balance of considerations, uh staff is recommending denial of this request.
And as the title of the item suggests, uh, when the planning commission heard this, they also denied it.
Uh so it is before the city council on appeal.
Uh the council member or the commissioners who were supportive of the request felt that this was an appropriate amount of additional density in the area.
Uh, those uh who spoke against it uh shared similar concerns to staff that this would introduce an urban form that built to zone requiring buildings to be at the street in a neighborhood that uh is fully of a different character.
Uh with that, I'm happy to take any questions.
And Mayor Niles Allen is here as the applicant for this item.
Okay.
Mr.
Allen, does um do you have a presentation?
Are you simply available for questions later?
Uh just a full question.
Okay, great.
Thank you.
All right.
Do we have any questions for either Mr.
Kurth or for the applicant about this item?
Okay.
Um, seeing that we have none, I'm um oh, I'm I'm so sorry, Minister Jones.
I just had one question because you um started by saying yes is for the appeal and no is against the appeal.
Um no, um I apologize.
Um to vote yes is to vote for the rezone, and to vote no is to vote against the rezone.
Thank you.
So it's simply basically you can just disregard uh the word appeal in the voting, and you're either voting for it or not.
You're welcome.
Not seeing any questions, so I'm gonna take it straight to public comment.
Do we have any members of the public that would like to comment on this item?
Okay, please go ahead and just come up and state your name and address, please.
We'll have three minutes on the clock for you.
Members of the council, uh, my name is Henry Reniger.
My wife and I, I'm all afspec uh in the audience, and uh we live at 925 East Rockwood Trail.
We're right across the street from the proposed development.
And um, and we have uh voiced concern both to the planning commission and to the council uh about our disapproval of this, and and also I think we speak for many members of the neighborhood.
And as was voiced uh just a minute ago in the summary, um there are two big issues.
One uh the the issue of the character of the neighborhood.
Fayville has some unique neighborhoods, uh, things like the historic district, uh, Mount Sequoia, uh, in our in our neighborhood, uh, which overlooks uh Fayetteville from several hundred feet above Mission Boulevard.
And um, and in this, in our estimation, one development might not be such a problem, but setting a precedent for such a development we see as a huge problem because there are there are a lot of homes there that are owned by older people that will eventually be sold over the next five to ten years.
And and so redeveloping an established neighborhood that has a unique character, you know, and uh uh to us would be the end of the character of the neighborhood.
The other thing is um uh that piece of property and some of the other adjoining pieces of property that could also be developed similarly, have uh trees in them that are over a hundred years old.
We had an old tree that had to be cut down because of the big ice storm.
We've lived on that property since 1988.
We bought it in 1990, so we've been there a long time.
Uh we had to have a tree cut down that was 169 years old, and a tree like that won't be replaced in our lifetime, and we haven't seen any kind of plan for how that land would be used.
How would it be developed?
How would you be able to put homes in there and not destroy the trees that are there?
So those are our concerns, and and safety, yeah, those that's always a concern.
Uh things like the sewer and electrical, I think those are secondary, but the primary thing is changing the character of the town and changing the character of a neighborhood that's been there for decades.
Um to us that's that's the problem here.
And I think the same uh I can speak for many of our neighbors, uh, some of whom have attended these meetings, so you know, and some that are here tonight.
Any questions for me?
We didn't yeah, thank you.
Okay, do we have any other members of the public that would like to speak?
Keith, do we have anyone call in?
We do not.
Okay, I'm gonna bring it back to the council, starting with councilperson staff.
Yes, I motion we move to the third and final reading.
Suspend the rules and move to the third and final reading.
We have a motion and a second to move to the third and final reading.
Clerk Paxton, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk?
Yes.
In order to rezone the property described and rezoning petition, RCN 2025-33 for approximately 0.33 acres, located at 922 East Rockburg Trail in Ward 3, from RSF4 residential single family four units per acre to NC neighborhood conservation.
Okay, Clerk.
Ms.
Bunch?
Oh, I'm sorry.
Oh, okay.
Clerk Paxson, will you please call the roll for the final vote?
Minister Jones?
No.
Mr.
Stafford?
No.
Dr.
Jones?
No.
Ms.
Moore?
No.
Mr.
Wheedaker?
No.
Mr.
Berna?
No.
Ms.
Bunch?
No.
Ms.
Turk.
No.
Okay.
Thank you.
That was our last item of unfinished business.
Before we get before we move on to new business, I one, I think Clerk Paxton has something to pass out related to the walk-on item.
But additionally, I believe we have a uh a reconsideration that Minister Jones would like to like to bring forward Minister Jones.
Thank you, Mayor.
Um, I'd like to move to reconsider um rezoning RZN 2025 0027 at West Mount Comfort Road and North Gooseberry Lane.
One thing I'd like us to remember about before we go into the reconsider um is understanding it'll take us back to the moment before October the 21st vote, which is a split zone between RSF-18 and NSG with the bill of assurance, and that bill of assurance was voted in on this specific property, so we would have to vote to also remove the previous bill of assurance.
But I want to make sure as well, because that everybody received the new bill of assurance that was sent on yesterday for RZN 2025 0027.
I believe that was received by council, at least I got it with council copied.
And so uh Mr.
Williams, this is my first vote to rec motion to reconsider.
And so procedurally, I'm just gonna ask for your help to make sure that I'm doing it correctly.
I I certainly mayor and uh as council member Jones said, uh she voted with the prevailing party the first time, and so she's available to make that motion.
Anyone, any council member can second that motion, and then it'll be up to a vote.
Okay, great.
Do we have a second for Miss for Minister Jones's motion to reconcile?
Second okay, we have a second.
So um Clerk Paxson, will you please call the roll on the motion to reconsider?
Minister Jones?
Yes.
Mr.
Stafford, yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk?
Yes.
And so now, as was stated, we're back immediately before the vote was taken.
So all the comments you heard, all of your comments are still relevant, and uh you have many options this point.
Uh you can take an immediate vote.
You can uh decide to take public comment, you can table this to the next meeting, uh, whatever you wish to do.
Okay.
Uh Minister Jones, since you brought this forward, I'm gonna let you speak first.
I'd like to remove the I'd like to uh move for a motion to remove the bill of assurance that was attached to the original that vote.
Second okay.
Do you do you do you intend it is up to you?
Is your intent to remove it and replace it with the new one?
Yes.
Okay.
So we have a motion to remove the previous bill of assurance replacing it with the new bull of bill of assurance.
Yes.
Do we have a second point of information?
Okay.
We have first we have a point of information for Mr.
Williams.
Cance we're wanting to do that, can she just put that one motion?
Do we have a question?
That's what she just did.
She made it in one motion.
Yes.
To to replace yes.
So we have a second.
Okay, Clerk Paxson, will you please call the roll on Minister Jones' motion to remove the current bill of assurance and replace it with the new one received?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay.
So now we have the item with a new bill of assurance.
Uh Mr.
Berna.
Uh thank you, Mayor.
May I make a recommendation that we table this for two weeks so that we can make sure everybody gets on the same page on I don't see any neighbors here.
Um I believe we do have a neighbor here.
There's some.
So we do the motion still stand or do you okay?
Okay.
So yes, the councilperson Stafford.
Thank you.
I'd like to motion for immediate vote.
Second.
Okay, we have a motion for an immediate vote and a second.
And my understanding of a motion for an immediate vote is that we do we are not allowed to now take comments.
We go straight to the vote, correct?
No, yeah, no comments immediately on this.
Okay, great.
Um not the vote.
Okay.
So we are now voting on whether or not to go.
Was that your intent to call for an immediate vote?
Or yes, it was.
Okay, great.
Okay, that we did receive an email from uh the neighbors and so we are now taking a vote on whether or not to we're essentially suspending the rules going to immediate vote without any comment.
Clerk Paxson, will you please call the roll?
Minister Jones, I I'm not allowed.
When a council person calls for an immediate vote, you can't have anything else after.
I have to.
You just ask, shall we have an immediate vote in the council?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Uh no.
It requires a two-thirds vote, and you got a two-thirds vote.
So now you ask shall the uh ordinance pass?
Shall the ordinance pass?
If Clerk Paxson will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
That's it.
Okay.
So that ordinance with the new bill of assurance has passed.
And we are now moving out of old business.
Um into the walk-on from Dr.
Jones.
Um, that I believe Clerk Paxton has just passed out.
For the students that are here, you'll be very excited to know that you are witnessing not only a walk on, but old business uh motions to reconsider.
There are several things all at once that I have that are procedural excitement.
Um has the council had adequate time to review what has been presented, or would you like to move this to later in the meeting?
This is the walk-on from Dr.
Jones regarding the the resolution.
I'm just gonna read it.
Um as our first item of new business, because I believe that was your intent.
First item of new business is a resolution to express the city council's request to Governor Sanders to provide food to needy Arkansans if the federal supplemental nutrition assistance program lapses.
Kit.
Whereas one in every eight Americans, our neediest families, children's veterans, and the disabled to use the supplemental and nutritional assistance program SNAP benefits to buy groceries so they can survive the next month.
And whereas approximately 118,000 Arkansas households rely upon SNAP every month for food to feed their families.
And whereas federal food aid will not be provided after November 1st, 2025, according to the U.S.
Department of Agriculture, if the government remains shut down and no federal provision is passed to fund SNAP.
And whereas the City Council is concerned, as Governor Sanders is for the health and welfare of hungry Arkansas families, children's veterans, the elderly, and disabled citizens that will likely be not be denied food benefits due to the federal government shutdown.
Now therefore it be resolved by the City Council of the City of Fayetteville, Arkansas, Section One, that the City Council of the City of Fayetteville, Arkansas hereby request that the Honorable Sarah Sanders, Governor of Arkansas, do everything reasonably possible, including using available reserves or other funds to ensure the Arkansas's 118,000 families dependent for their food upon SNAP benefits will not go hungry.
And section two that the City Council of the City of Fayetteville, Arkansas hereby also requests that Governor Sarah Sanders contact President Donald Trump and the Arkansas Federation, federal delegation to urge a bipartisan agreement to fund those critical SNAP benefits for our hungry children, families, veterans, elderly, and the disabled.
And obviously, this was written before this weekend, and so there have been some various happenings that might want to be worked into this resolution.
Okay.
Dr.
Jones, as it is your item, I will um give you the honor of going first.
Thank you.
Thank you, Kit.
And thank you, Mayor Ron.
And thank you to the co-sponsors.
Um council members, um more, council member minister Jones and Councilmember Stafford.
And um as um our city attorney echo, there have been numerous changes, and uh things have things have evolved.
They're probably evolving right now.
So uh I'm going to I guess Kit follow your lead as it relates to what kind of changes should be made.
Well, we probably need to acknowledge uh that the governor has provided some money to uh the food banks around the state.
I don't think that's a perfect solution, but at least it's a move in the right direction.
Also on the federal level, evidently the federal government might fund about 50 percent of the SNAP benefits sometime this month, and that's not a done deal, but it is happened, and there are probably other things like you say that are happened today that I know nothing about.
So uh those are things we might want to look at.
Uh and they might want to make some amendments to this if that's what the city council wants to do.
So it sounds like that we would need to make amendments based on what's happened now, and that would be the uh I believe the the $500,000 that uh Governor Sanders has allotted, and I'm not sure if anything else definite has happened.
Um Councilperson Moore, do you wish to is that okay to under or Dr.
Jones if I asked for okay go ahead?
Okay, Councilperson Moore, which we're thank you, Aaron.
Uh thank you, Councilmember Jones, um uh for bringing this forward.
Um, I'm I'm open to making a slight alteration to maybe acknowledge that there was money given for food banks.
I know we could propose a lot of what ifs, but I think we do know that benefits have um either been fully severed or even folks have had struggled using remaining balances on cards here locally.
I know I've heard that from families, so we don't do know families locally are in dire straits, and so um I'm happy with the language for the most part the way it exists today, um, acknowledging that monies were given to the food bank.
Um, but back to the uh, you know, one of every eight Americans, you know, are using SNAP.
Um, it's really hard for food banks.
I think it was about 83,000 a food bank for that to really cover the amount of families that will go and seek out those services.
And so um I don't know if you have a recommendation kit to add um, you know, that there was half a million dollars allocated, you know, to local food banks, um, and that would be my preference to leave it at that and add a section three uh amendment to just ask for this to be disseminated from the clerk's office to the governor's office as well.
Um so am I hearing that is a motion to add a whereas acknowledging the half million dollars for just has been distributed to food banks?
Yes.
Okay, so we have a motion to add a whereas acknowledging the governor's office has distributed a half a million dollars to area food banks.
Um okay, I've kind of drafted that up.
Um, whereas um the city of Fayetteville thanks Governor Sanders for funding local Arkansas food banks in the amount of 500,000 dollars.
Great thank you, Kit.
So we have a motion to amend that to that segment uh section, and I think that I I think we can distribute it.
I I think we can have an agreement that the clerk's office will distribute it without it being a section three.
Do we have a uh second for that um motion?
Second second.
Okay, we have a motion and a second.
Clerk Paxton, will you please call the roll for the amendment?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Hart.
Yes.
Okay.
So before we open it up to public comment, do we have other Minister Jones?
I did want to clarify because Councilmember Moore made a great comment.
So 500,000 divided over six food banks that are within the state of Arkansas is $83,000.
Throughout Arkansas, there's $110 food pantries.
That means every food pantry will get $754.
I just want to be clear what that looks like to actually hitting the ground to support community.
And as a director of a food pantry, I could buy five pallets of food and spend $700, and that would maybe last me a half a day.
Thank you for that, Minister Jones.
I'm going to open it up to public comment.
Do we have any members of the public that would like to comment on this resolution?
Keith, has anyone called in?
We do not.
Okay.
I'm going to bring it back to the council, and because it is a resolution, I will need a motion to move it to a vote.
Yes, sir.
Dr.
Jones.
I have a question.
There was a uh, and I may have overlooked it.
Uh, but there was a uh there should have been a uh a place in here where we writing a letter on behalf of the council.
Does that need to be included as well?
My understanding is that the um that this resolution was for the city council to draft and show and share their support.
But Kit, would you like to speak to that?
Uh that's correct, but certainly uh uh the mayor can write a letter along with this resolution to submit it to uh the governor, and uh I would leave that up to her and also what the letter should say, up to what uh the mayor would like it to say.
Okay.
I'm happy to write a letter.
I think that Kit's general practice is that in the same way that I can't tell you all what to put in a letter, you all can't tell me what to put in the letter.
But I am happy to go on the record and say that I support this resolution and I'm happy to also send um correspondence under um separate cover that also reiterates that.
Thank you, General.
Yeah, thank you, Dr.
Jones.
Uh Stafford.
I motion we vote to pass the resolution.
Second.
Okay, we have a motion and a second to pass the resolution.
Uh Clerk Paxson, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay.
We are now at new business.
And our first item of new business is resi as a recycling and trash division acceptance of an in-kind technical assistance grant from the recycling partnership.
It authorizes Mayor Ron to sign a recycling partnership grant agreement and accept an in-kind technical assistance grant and the amount of $75,000.
And this is one that had been on consent, but I believe we had some technical difficulty when Mr.
Near and Garden was uh attempting to, I believe, use his new AirPods, correct?
And calling in, and we maybe got a little bit of static.
So as it is a resolution, we will go straight to you, Mr.
Nirngarden.
To um anything that you would like to add before we go to questions from the council.
Great.
Thank you, Mayor, and good evening, City Council.
Again, do want to apologize about my audio issues last week.
And if it's okay with the council, um, there's actually two grants that are on uh your agenda this evening from the recycling partnership.
I'd like to cover both of those uh with my comments together.
As long as you know it's two separate votes, then that is just fine.
Yeah, absolutely.
So uh there's two grants um, as I said, on the agenda, uh both are from the recycling partnership to the city of Fayetteville.
Um, and the the fact sheet that's coming around has a uh a little bit of information about the grants and the recycling partnership.
Um the second grant that is on your agenda is one is a cash grant coming to the city of Fayetteville.
It does have uh money in it um for three elements of implementation of our cart-based uh recycling program.
The first is 1.2 million dollars uh for the purchase of 28,000 recycle carts that will be distributed to residents and businesses across the city in three different sizes.
Um that grant amount that 1.2 million will cover approximately 90 percent of the cart costs.
Um the second element of that cash grant is 280,000.
It's for the development and launch of the education program surrounding, I mean including all the elements of that new CAR-based recycling program.
And then the third component is $160,000 for the purchase of anti-contamination cameras and software to be installed on our six new recycling trucks.
The first grant in your packet is a technical assistance grant.
It is a no-cash grant, but it provides technical assistance to the city of Fayetteville for the development of our request for proposals to select a processor of our mixed recyclables.
That grant also includes technical assistance in evaluating the proposals that we receive and then support for the city during contract negotiations with the selected vendor for processing of those mixed recyclables.
So just as a reminder, these two grants do support elements of the CART-based recycling initiative.
The council did express support in three different votes this past summer for the implementation of CART-based recycling, including the purchase of six new recycling trucks, ordinance amendments to fund the CARP based recycling program and our recycling and trash collections rate study.
And then just a little bit of information about the grantor, who is the recycling partnership.
They're a national nonprofit that works with the communities and other organizations across the country to improve recycling systems and access to recycling.
They support technical assistance and grants that enhance access efficiency and infrastructure improvements in recycling.
Their funders include a mix of companies that are manufacturers of consumer goods and distributors of consumer goods, energy sector companies, and including the EPA.
They've been around since 2014 and have supported the development of over 3,500 recycling programs nationwide and helped divert over 1 billion pounds of recyclables from landfills across the country, which has helped avoid over 1.4 million tons of carbon dioxide emissions.
And with that summary, I'd be glad to answer any questions on either of the two grants before you this evening.
Great.
Thank you.
Councilperson Turk.
Thank you, Mayor, and thanks so much for being here in person because we really couldn't hear you last week.
So I've got a couple of questions.
So I kind of went through the documents, the grants, and my first question is are some of these vendors, are any of those associated with recycling partnership?
Are they completely independent of that?
They are completely independent of the recycling partnership.
As I said, the recycling partnership is a not-for-profit national organization, and they do not offer uh recycling processing services.
Okay, my second question is have has the uh recycling partnership have they also provided consultation and advice to Bentonville, Rogers Springdale or the Northwest Arkansas Council?
Yes, they have.
And so those results from that, at least in the information that I found about the 43% contaminate contamination rate.
Uh has have any of those issues been addressed to ensure that our contamination here will be much lower than that?
They uh so we're working to implement a as I said um during our previous discussion, a three-part strategy of managing contamination.
So we've got education and and this proposal helps to fund that.
Um we're uh uh monitoring and feedback, so that's the um the anti-contamination software also included in this grant.
And then the recyclables going to a recycling processor that implements a mix of people and advanced machinery to help sort the contaminants from the recyclables.
So all of those elements will be included in the recycling request for proposals.
And were all of those three components also included in the other, I guess the other assistance that the recycling partnership provided to the other three cities?
No, that assistance uh is unique to the city of Fayetteville.
Um, the assistance that's been provided to the other cities because they already operate programs that have mixed recyclables, is support to help them improve their recycling programs and bring down their contamination rates.
Excellent.
Um then my final question is um with the second grant.
I think the first grant is a no-match, but the second grant, is that a matching grant?
Do we have to pay any money for that assistance?
There um I don't want to uh tell you a story here.
Um and that's budgeted money that's already in or is in our um uh education budget that you will you all will be taking up as part of your budget discussion um uh later this month for next year.
Okay, I should I have start sorry, got a couple more questions for you.
Um so you know I noticed in the document that there was no provision to find out what contamination was coming out of the selected RFP producer, right?
There was there um or at least I shouldn't say the RFP, the MERF.
Is that something that you all are going to explore in the future?
So we fully intend as part of the RFP requirements to require a um uh regular analysis of the materials that's going to the selected processor so that we can know what the contamination rate is as well as uh what the mix uh or what the percent of all the different types of materials are in our combined stream that is going to that mixed uh recycling facility.
I guess where I've gotten a little confused is because I thought the RFP was with the collection.
Uh the uh who was gonna actually do the collection, and I thought the the MERF was a separate sort of entity, but are they one and the same?
No, so the city is gonna do the collections.
Our trucks, our drivers will do all the collections, and we will deliver the materials to the processor, the RFP is to select the processor that we're gonna deliver the materials to.
Thank you for clarifying that.
There was a lot going on there.
Um, okay.
Um all right, I think that's all my questions.
Thanks so much.
Okay, thank you.
Um Councilperson Stafford.
I move to vote immediately.
Second.
Okay.
Uh we have a motion in a second.
I just want to clarify since this is not uh since this is uncommon for the room.
Um, when you move to vote immediately, um it advances immediately to a vote and surpasses public comment.
So I'm just letting you know that so you all don't think I'm forgetting that part of it.
Uh Clerk Paxson, will you please call the roll?
Minister Jones?
No.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
No.
Mr.
Wheedaker?
Yes.
Mr.
Berna.
Yes.
Ms.
Bunch?
No.
Ms.
Turk.
No.
So that failed, and we're right back where you were for.
Okay.
So if we don't have any further comments from the council, I'm gonna open it up to public comment in the room.
Does anybody in the public uh would any members of the public like to comment on the acceptance of this grant?
And I know we talked about two of them, but to be clear, we're voting on the in-kind technical assistance grant, which is printed in your packet as C1.
Keith, do we have anyone on Zoom?
We do not.
Okay, I'm gonna bring it back to the council for would anybody like to make a motion to vote.
Good that we um passed the resolution.
Second.
Okay, we have a motion and a resolution to um pass item C one, Clerk Paxson, we please call the roll.
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay, so that passes.
And we're on to item C2.
And um since Peter is welcome to come back for questions, or we can move straight into public comment since I think, and I councilmember Turk, I want you to correct me if I'm wrong.
I think he spoke and presented about both of them at one time.
So I'm just gonna open it up to public comment.
Do we have any members of the public that would like to comment on item C2, which is also a grant agreement in the amount of $1,648,000?
Seeing none, I'm gonna move it back to the council.
I would make a motion to pass a resolution as presented.
Second.
We have a motion and several seconds.
Clerk Paxson, will you please call the roll on item C2?
Mr.
Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Yes.
Ms.
Turk.
Yes.
Okay.
Item C three is approval of an MOU with Washington County to accept funding.
It's a resolution to approve a memorandum of understanding with Washington County to accept funding from the Gulf Coast high-intensity drug trafficking area and the amount of 123,730 for the police department and to approve a budget adjustment.
This was also initially on consent but pulled off.
And so because of that, we'll jump straight into you, Chief Reynolds, if you are able to speak to this and take any questions if that's okay.
If anybody would like to ask questions of Chief Reynolds.
Can we make that motion now?
Well, yeah, you can make that motion.
I would like to make the motion that we vote immediately.
Second.
We have a motion and a second to go to an immediate vote.
Clerk Paxson, will you please call the roll on the immediate vote?
Minister Jones, no.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
No.
Mr.
Wiedaker?
Yes.
Mr.
Burnout?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
No.
I think that was five to three.
Is that what it is?
This requires a two-thirds majority.
Mayor, do you care to vote?
I do not care to vote in this instance.
All right, so that motion failed, and we're back to the chief.
Okay.
Do we have questions for Chief Reynolds?
Okay.
Thank you, Chief.
Do we have any members of the public that would like to speak on this item?
Keith, do we have anybody on Zoom who would like to speak on this item?
We do not.
Okay, I'm going to bring it back to the council.
Minister Jumps.
Yeah, I had a question for the Chief.
Sorry, Chief, I'll let you walk all the way back.
I'm sorry if I missed you.
If not, you just want to make a comment because I'm making a comment.
Okay.
Well, I mean, you can ask for a question.
Yeah, just go ahead and do the question first, if that's okay.
And I guess I guess when I see an acceptance of a grant, I'm looking for what are we agreeing to in this grant?
Like what are the ROIs that they are looking for with giving us this funding for this grant?
Well, I think what they're looking for is they're looking for the amount of DTOs that we disrupt is number one.
So that's one thing that they're looking for.
I'm sorry, uh drug trafficking organizations.
And so that's something that they look for.
Um and it's also something that we put into um several of our mission statements as well.
Um be happy to go through those with you, but I'll define a DTO first for you.
So a DTO is uh a drug trafficking organization, is a complex organization with highly defined command and control structures that produce and transport andor distribute large quantities of one or more illicit drugs.
It usually involves involves five or more co-conspirators that are working together.
And so, for instance, um, you know, sometimes I hear that well, we don't ever see you going after you know the big guys or the big fish.
Um so over the last couple of weeks, um, we got about 18 pounds of meth.
We arrested seven people, took seven guns off the street, arrested seven people.
So I I feel like you know, in the last couple of weeks we we did a really good job.
And then if you just look at, you know, if you look at the last year, uh we had 414 cases, and of those 414 cases, 202 arrest.
And of those cases and of those arrests, we had 20 uh drug trafficking organizations that were disrupted over the past year as well, uh, with the seizure of 77.50 pounds of methamphetamine, two and a half pounds of cocaine, one pound of fentanyl powder, and two hundred and ninety-nine uh fentanyl pills as well.
Uh 70 guns were also taken off the street over the last year.
Uh so the return on the investment, I think is pretty clear.
It's you know, methamphetamine and and guns are the big things that we're going after.
Is that in collaboration with the Washington County Sheriff's is this all um Fayville Police Department?
So it's in with collaboration.
So you know, the fourth judicial district drug task force is made up of uh of agencies from Washington County.
So you have Washington County Sheriff's Office that participates.
You also have Springdale Police Department that participates, of course, the Fayetteville Police Department, and then you have the rural agencies, and they're represented by one uh detective that's assigned there, his home agency's Elkins PD.
Okay, but he represents all the rural agencies and Washington County.
But the fourth judicial district drug task force is also responsible for not only Washington County, they're responsible for drug enforcement in Madison County as well.
Thank you.
You're welcome.
Council person more.
Thank you.
And I don't have any questions, Chief.
Thank you.
Just to make a comment.
Um, I I really think in the city of Fayetteville, um, we always um embrace diversity of thought and that we don't necessarily all think the same way.
And so I hope that um we won't um you know squash out in this council that there might be differing viewpoint.
Um there are many families and individuals that I've shared their personal stories with me who I've walked the journey with, who've had their lives devastated by the fourth judicial drugs task force actions on them.
90% of people in the Washington County Detention Center will self-report that they've looked to get services in the community where there are not resources for inpatient residential beds for transitional living or other uh health care needs that they have around addiction, oftentimes from trauma, that's that's not been met.
When we talk about a drug trafficking organization being considered five plus individuals, we have to think about in a city, the city of Fayetteville as 60% runners, um, and increasingly are seeing wages decrease.
Um, many folks are living um uh multiplied in in residences, and so if one individual might potentially uh be um interacting in some level of drug activity, um everyone pays the price for that when their door is busted in and the trauma and children involved in that that area.
And so, you know, the war on drugs has really been a health policy, which is where Haida and many of these other uh policies were put in place.
I hope just because we do um programs historically um that we also can have self-reflection and can pause at times to reconsider uh what those policies are and where we're investing our time and our money because there is other damage that happens in our community um that we see and it presents itself that we we do need to address.
And so um I'm happy to make a uh to motion to uh approve the resolution and I will be uh no vote tonight.
Okay, we have a motion to approve I'll second the motion.
We also have several people making comments, and I apologize.
I I I did not see all the lights when I immediately jumped in with a motion to approve.
So we have a motion in a second, but I do want to oh now the lights are on or the councilperson Stafford.
Thank you.
Do you have a comment?
We do have a motion in a second.
I I yeah, I just want to make a quick comment, and I want to say I support the drug task force and everything they do, and I think the Fayetteville Police Department and their partners in this drug abuse addiction and trafficking has personally affected my family.
I've lost multiple friends over my years to drug abuse and addiction, and anything we could do to to lessen the epidemic of drug abuse in our society, I support, and I'm ready to vote.
Thank you.
Okay.
Well, now I think that because you commented, we want to make sure we allow everyone to comment.
So we'll first uh Mr.
Burnett and then Minister Jones.
Thank you, Mayor.
Um, I wasn't going to comment, but then uh uh I I have to um in my business I'm affected by this almost on a weekly basis, and I see families broken because of this exact situation.
So I'll look at this proposal and I'll ask, and I I hear what Chief says about the amount of drugs that are taken off the street on a yearly basis on a weekly basis.
And what I would ask, which one of those do we not want taken off the street?
Which gun do we not want taken off the street?
Because I can tell you the families that we have to deal with that have the aftermath of the drugs that are on the street would 100% vote for this resolution.
So uh I will absolutely 100% be supporting this resolution.
Minister Jones.
I just wanted to comment and on what um Councilmember Moore and I'm losing your name, I'm sorry, Bob.
Councilman Member Stafford said um I agree.
I I'm for this resolution, but let's talk about the other opportunities.
I as well interact with in individual boots on the ground, unhoused, marginalized interviews, individuals that have been criminalized by the system, and the system is working just the way it was designed.
The one thing that I resent that we do not have in Northwest Arkansas is a crisis stabilization unit.
We sat by and we watched that go away, and when I see individuals come to me and need for help, we have to provide transportation to Fort Smith because somebody's coming and said I'm wanting to stop and I need help, and we can't help them.
So I think putting them in jail doesn't resolve it, and we have to address the issue that Fayetteville and Washington County has to address this differently.
And the criminal system is working just the way it's it was designed, but we also can do other things by providing some stabilization around these crises that individuals are in around the drug issues.
Thanks.
Thank you, Minister Jones.
Um we have a motion in a second.
So Clerk Paxton, uh, ask that you please call the roll.
Minister Jones.
Yes.
Mr.
Stafford, yes, Dr.
Jones.
Yes, Ms.
Moore, no, Mr.
Wiegaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay, moving on to item C4, an ordinance to enact Article 34, Food Commission into the Fayetteville Code.
Um kit.
Whereas municipalities throughout the nation must deal with concerns regarding food deserts, food insecurity, and the need for urban agriculture, the creations of common gardens and the education of public about healthy food awareness in an attempt to fight food related diseases.
And whereas the city council believes that the creation of the food commission as an advisory body to the mayor and city council could bring focus on such issues and help determine needs, create programs, gain community input, and implement programs that raise public awareness and increase the growth, purchase, and intakes of healthy foods.
Now, therefore it be ordained by the City Council of the City of Fayetteville, Arkansas, Section 1 that the City Council of the City of Fairville, Arkansas here by an acts Article 34 Food Commission, sections 33.460 through 33.464 of the Fayetteville Code as follows.
Articles 34, Food Commission.
Section 33.460 membership.
The members of the Food Commission shall be selected for the following positions.
Number one, a member of the Fayetteville City Council who will serve as chairman as chair of the commission.
Number two, one food retailer with stores located within the corporate limits of the city.
Three, one food person who is actively engaged in agriculture.
Four, one person involved in the with hunger relief programs in operation within the corporation, corporate limits of the city.
And number five, three persons at large who have experienced food insecurity as outlined in a state or federal program, or are members of the asset limited income constrained employed Alice community.
Section 33.461 purpose.
The purpose of the food commission is to serve as an advisory board for the mayor and members of the city council and to bring focus and make recommendations on food deserts and food insecurity to encourage more urban agriculture and community gardens and to educate the public about healthy food awareness.
Section 33.462 duties.
The Food Commission shall have the following duties.
Number one, to assist the city in this effort to reduce food insecurity and to obtain community input on the resources needed to address food issues within the city.
Two, to support urban agriculture, such as community gardens and other potential sources of fresh foods.
Number three, to promote educational programs about diet-related diseases and food waste.
Number four, to increase public awareness of food programs, food deserts, and food policy decisions that should be considered by elected officials.
Number five, to establish methodologies and programs to monitor available data on nutritional status of residents of the city most impacted by the inequities in the local food system.
Number six, to explore ways for the city to improve availability and quality of food to its citizens.
Section 33.463 recommendations in fulfilling any of its purposes and duties, the food commission shall endeavor to obtain information from city departments, city agencies, nonprofit organizations, existing programs, governmental resources, and other relevant entities to present thorough, well researched policy recommendation recommendations to the city council.
And section 33.464 reports to the city council beginning in December of 2026 and afterwards in December on an annual basis, unless otherwise requested by the City Council.
The Food Commission shall report on the work it has completed the previous year, its findings, identification of significant areas of concern, and any policy recommendations that it has for considerations by the mayor and city council.
Great.
Minister Jones, since this was your item, you um like to go ahead and have the floor.
Thank you, Mayor.
And I also like to thank my sponsor, along with me, Dr.
DeAndre Jones.
Um I want to thank you for reading that, Attorney Williams.
I'm just going to talk about a couple of things.
I won't read back through it.
What I want to talk about is approximately 22,000 Arkansans were impacted by the potential SNAP disruption.
It's no longer potential.
The disruption is here.
It's estimated that 25,000 people have lost their SNAP due to work requirement changes alone.
It's not just based on a government shutdown.
I want everybody to take in consideration.
The government shutdown is one thing, but they've added a work requirement for individuals with children.
If you have a child 14 to 18, they must work 20 hours a month.
And if you're 65 and under and you're currently receiving SNAP, there's also a 20-hour a month work requirement.
The other thing I want to take in consideration is we haven't talked about is SNAP education has been cut.
SNAP education was cut back in July, which is being eliminated nationwide.
This program provided funding for educational services such as those offered at community community sites, schools, and food pantries to teach people how to prepare healthy meals and be physically active.
So I'm really am recommending this commission to collaborate the city departments, non-depart non-profits, community partners, and LE.
What is LE mean?
Lived experience.
Someone that is challenged right now with food insecurity, offering their voice at the table and making sure that we're bringing everybody together to create well design research policy recommendations for the city council to consider.
Again, this will consider this committee will focus on increased healthier food options, education and resources sharing, to reach diverse partnerships with farmers and communities.
Right now there are 40 food pantries in Washington County.
Bayville has 18 of those food pantries.
We want to close the gap to access, which starts with transportation.
Biggest access today with getting food to individuals is I'm homebound, I'm on a walker, and I cannot get to food.
Or my car is not working.
So we are offering right now as a food pantry, bus passes on ORT to get to your local pantry.
Whether you get to mine or someone else, I'm offering to support to close the gap on transportation to get the food pantries.
The Northwest Arkansas Food Bank currently only hosts one delivery in the city of Fayetteville, and that's to cross church once a month this month.
That delivery will be November the 21st from 9 to 11.
And then some food pantries support or supported through TFAP, which is only offered to clients that are 30% below the federal poverty level.
So I'm asking your support to move forward with these changes.
Thank you.
Thank you, Minister Jones.
Dr.
Jones.
Yes, and um I echo um the sentiments that Minister Jones just made.
And um there's a lot of a lot of misconceptions as it relates to hunger.
And um this was inspired by the city of Loterock, and I know that they were um they have a they have a a um commission which is very similar, and they've done some great work.
And what when we think about hunger, as council members, we I'm not sure how often we um many of you come in contact with constituents who who experience hunger.
I I know that um Minister Jones is on the front lines, but I do think that it's good for us as council members to understand um hunger and the the impact that it has on our constituents.
And so I think that this commission is going to do exactly some of the things that she mentioned that it's going to do.
But one of the things some of the things that I want to share is as council members, defining hunger.
Um, and helping us educate us as it relates to dispelling some of those myths uh around SNAP and um that it's not that hunger is not moral failure, but also what can we do as a city to mitigate and interrupt that.
So I really appreciate Minister Jones for the work that she does on a daily basis, but for also bringing this forward.
Thank you.
Thank you, Dr.
Jones.
I'm gonna open this up to public comment.
Do we have any members of the public that would like to speak about this commission?
Come on up, Mr.
Cook, and state your name and address.
Uh good evening.
My name is Billy Cook.
I live at 1151 East Shepherd Lane in Ward 3.
Uh, I applaud the council members that have brought forward this uh proposal.
Uh it is important, uh, especially you know, when thinking about the lens of anti-poverty, that access to daily nutritional food uh is something that all of our citizens can have.
Uh, you know, when you have uh a low-income household that is constantly true choosing between uh health care costs and rent and transportation costs, they often have very little at the end of the day uh without the assistance of SNAP to be able to afford nutritional food that can you know sustain them and their and their families.
And so it's important that you know municipalities uh and other partners take uh greater steps to make sure that everyone can have access to uh the food that they need to have a healthy and sustainable family, and also to close those gaps uh around issues like transportation.
Uh it is um very unfortunate that we now have to provide bus passes for people just to reach a food pantry and get something to eat.
Uh and hopefully if we expand options for uh you know greater transit opportunities, we can uh remediate that and fix that problem.
Uh but all of these issues are intertwined.
You cannot have uh, you know, a good healthy life without access to things like affordable housing.
You can't have a good healthy life without access to nutritional food on a daily basis uh and transportation.
Uh I hope that this commission uh will take up all of these issues and uh especially hit home on the intersectionality and how all of that is related.
Uh please vote yes.
Thank you.
Thank you.
Please come on up and state your name and address.
Kayla Spitzer, um 2501 can't strive.
Um I am wholly in support of this.
Um, as someone who was formerly homeless myself, um and very food insecure.
Um we don't feel vocalized or feel like we have a voice or representation in a lot of our communities, and so anything that our local governments can do to support us and make us feel um heard is amazing.
Um just the ROI, the return on investment from just um commission alone will be incredible.
Um also I believe um just really impact the morale of the city.
I believe citizens will greatly greatly appreciate this.
Um, not just low-income households, but those that know somebody who is um food insecure.
Um so yeah, I just thank you guys so much for having this on the table along with the snap letter earlier.
Um thank you, Kayla.
I appreciate your comments.
Thank you.
Keith, do we have anybody who's called in to speak on this item?
We do not.
Okay.
I'll bring it back to the council.
Just a reminder, it is a resolution, so it requires a motion to be able to move to a vote.
Minister Jones.
This is actually an ordinance.
I'm so sorry.
I'm I knew that.
Yep.
So we would need a suspension of the rules to move it forward.
I think uh Minister Jones has one slight amendment that she's gonna propose.
Okay, got it.
Minister Jones.
I do want to make an amendment.
Um I do would like I would like to add in the ordinance that the request is for the board to be the selected by the nominating committee, and also that the commission will exist of eight members to include one city employee.
Well, and of course, on the membership, it says number one it'll be a member of the Fayetteville City Council, but no longer necessarily the chair.
Okay, one member of the city staff.
That is the amendment to this ordinance.
So I would be appointing those two, and then the nominating committee would be reporting the remaining remaining members.
That's just automatic.
Okay, all right.
Okay.
Yeah, uh Councilperson Burning, yes.
I just want to clarify because we talked about this the other day.
Um if the nominating committee uh is nominating the positions, weren't you requesting uh an organization?
I am and they have a person that's in in Fayville to serve on our nominating committees.
Yeah.
So it might be a Northwest Arts uh organization, but it has to be a Fayette.
They are Fayville residence.
Okay.
Yes.
Okay.
Um so we now have a mo did did you make the motion to amend or just the suggestion?
Okay, so we have a motion to we have a motion and a second.
Clerk Paxson, we please call the role to vote on the amendment.
Minister Jones.
Yes.
Mr.
Stafford, yes, Dr.
Jones.
Yes.
Ms.
Moore?
Yes.
Mr.
Wiedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay.
So now, as amended, we are on the first reading.
Would we care for a motion to suspend the rules and go to the third and final?
I'll make that motion.
Second.
Okay.
Um, Clerk Packson, will you please call the role on the motion or on suspending the rules?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones.
Yes.
Ms.
Moore.
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Burno?
Yes.
Ms.
Bennett?
Yes.
Ms.
Turk.
Yes.
And urgent to enact Article 34 Food Commission into the Fayetteville Code.
Okay.
Let's call the uh Dr.
Jones.
Do you have a final comment?
Yes.
Uh, I think that this will be a great opportunity for this commission and the Board of Health to work together.
Yes.
There's definitely some crossover.
And I think that this will greatly benefit the residents of Fayetteville.
Thank you, Mayor Ron.
Thank you.
Clerk Pexon, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
All right.
That passes.
Congratulations.
Minister Jones.
Well done.
Um item C5, e-scooter crosswalk ordinance amendment.
It's an ordinance to align the city's e-scooter regulations with state law and the city's bicycle regulations by amending section 75.02, operation of electric motorized scooters.
Mr.
Williams.
Whereas on July 16th, 2019, the City Council passed ordinance 6205 to regulate where and how e-scooters could be legally operated within the city.
And whereas a 2021 amendment to state law allowed people riding bicycles to have the same rights as pedestrians while using crosswalks.
And the city code was amended to recognize this change.
And whereas recently there's been crashes involving people being hit by motor vehicles while riding e-scooters in crosswalks.
And whereas updating the city code regulations on e-scooters to be consistent with bicycling regulations will better protect vulnerable road users when using crosswalks.
Now therefore it be ordained by the city council, the city of Fayel, Arkansas Section One.
At the City Council, the City of Fayville, Arkansas here by repeal section B3 of Section 7502 operation of electric motorized scooters.
And section two, the City Council, City of Favoral Archar here by amends Section 7502 operation of electric motorized scooters by enacting a new subsection G as follows.
Subsection G, operation of electric scooters upon crosswalks.
Number one, a person operating an electric scooter upon a crosswalk shall yield the right-of-way to pedestrians and give an audible signal before overtaking or passing a pedestrian.
Subsection two, except as provided in this section, a person lawfully operating electric scooter upon a crosswalk has all the rights and duties applicable to a pedestrian using the crosswalk pursuant to section 7502 of the Fayev City Code and Arkansas Code annotated section 27-51 51-1202.
Thank you.
And we have Dane Eifling, our active mob our director of we have Dane Eifling here.
He is our person who is talking to us about this, our mobility coordinator.
Thank you.
God, I'm so sorry, Dane.
You are our active mobility director, apparently now.
So please save me.
Go ahead and talk more about this ordinance.
Mobility coordinator.
Thank you.
Mobility coordinator.
Thank you, Mayor.
Uh the resolution that was read by the city attorney explains uh everything to do with the background of the ordinance change.
And uh this has gone through the Active Transportation Advisory Committee as well as the uh transportation committee and was unanimously recommended to go to the city council for uh for approval and so I'm just here to answer any questions.
Thank you, Dane.
You are a wonderful active mobility coordinator.
Yes, still get the rock.
Do we have any questions for Mr.
Eifling?
Okay, I'm gonna open it up to public comment then.
Do we have any members of the public that would oh uh forgive me, I'm sorry, Sarah?
It's okay.
It's okay.
Council person bunch.
I was uh just wondering.
Um Dane, how do we alert people that are on these scooters?
What is our signage to tell them what they you know like?
Hey, don't run up on people and don't, you know at crosswalks and stuff like that.
How do we how do we alert the the public that's using these scooters?
How to do right?
So the shared scooters that fall under the my purview as far as regulations.
Uh we're able to do things through the app that communicate with those users as well as do some geofencing.
We can enact slow zones that automatically slow the students' scooters down in areas that we know are high conflict or maybe dangerous and uh the privately owned scooters, we have a lot less regulate regulation and controls around those, but this this ordinance would apply to both shared and private e-scooters.
Yes.
Okay.
All right, thank you.
Ms.
Morton, thank you.
Um council member bunch, you because we had a bit of this conversation, I think, in transportation, but it it reminded me too, because we'd had a little conversation about just vehicles too, becoming more aware because scooters even slowing them down, they're darting at a faster rate than what a pedestrian is.
And so I am curious if we figured out if we have any updates or kind of to be determined, maybe a time range of being able to communicate to motorists too, because I know I'm so cautious in the downtown, but I still miss things a lot of times when I'm easing through just because of the nature.
There's vegetation, there's parked cars and things like that, and it had those near misses.
And so I'm just trying to think too how we might be able to help motorists a little bit better about it as well.
Uh yeah, thank you.
And we do review all the crash data and uh police reports at our active transportation advisory committee.
We review every crash and look at possible changes that we need to make from an engineering standpoint or communication standpoint, whether it's uh signage directed at uh drivers or trail users or pedestrians at those locations.
So we're as proactive as we we can be as far as messaging and and looking at areas where we've maybe had repeat crashes or complaints.
Got it.
Okay, thank you.
I'm gonna open it up to public comment.
No, okay.
Do we have any members of the public that would like to speak on this item?
Okay, do we have anybody um on Zoom?
We do not.
Okay, I'm gonna bring it back to the council.
I would move to suspend the rules and go to the third and final reason.
Second okay, we have a motion in a second.
Clerk Paxton, will you um please call the roll?
Minister Jones, yes.
Mr.
Stafford, yes, Dr.
Jones, yes.
It's more yes, Mr.
Wheedaker?
Yes, Mr.
Berna?
Yes.
Ms.
Bunch, yes, Ms.
Turk.
Yes.
In order to align the city's e-scooter regulations with state law and the city's bicycle regulations by amending section 7502 operation of electric motorized scooters.
Okay.
Clerk Pikston, will you please call the roll?
Minister Jones, yes.
Mr.
Stafford, yes.
Dr.
Jones?
Yes.
Ms.
Moore, yes.
Mr.
Wheedaker?
Yes.
Mr.
Bernard?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
And I would like to thank Dane Eifling, our mobility coordinator for his work on that item.
Thank you all.
Okay.
That is passed.
So we will be moving on to item C6.
An ordinance to require low frequency fire alarm notification appliances to be installed in each sleeping unit of group R1 and R2 occupancies by amending section 173.02, Section C, amendments, additions, and deletions to the fire prevention code.
And I believe Mr.
Williams, and then after you, I know we have um Fire Marshal Jeremy Ashley here.
Thank you, Mayor.
Whereas the Arkansas Fire Prevention Code and NFPA 72 require low frequency notification appliances to produce 75 death spells at the pillow level in all sleeping units.
And whereas some contractors attempt to install only one notification device per housing unit, tested by testing by the Fayel Fire Marshal's office has shown that this approach often fails to achieve the required sound level once doors furnishing and finishes are in place.
And whereas the f the fire marshal's office has been requiring notification devices in each sleeping unit, which includes bedrooms to come ensure compliance.
And whereas establishing this requirement by ordinance will formalize the practice, eliminate inconsistencies, and reduce project delays.
Now therefore it be ordained by the city council, the city of Favorville, Arkansas Section 1.
That the City Council of the City of Fable, Arkansas, hereby amends section 17302 C amendments, additions, and deletions to the fire prevention code by adding section three as follows.
Quote Section 3.
907.2.8.4.
Occupant notification for R1 occupancies, which include hotels, motels, and boarding houses with more than 10 occupants.
Notification devices are required in all sleeping units, bedrooms in accordance with 907.5 when a sprinkler and or fire alarm system is required by other sections of this code and shall activate throughout the notification zones upon water flow switch or detector activation.
Sleeping units shall include bedrooms.
Section two that the city council of City of Federal Arkansas here by amend Section 17302 C amendments additions and deletions to the fire prevention code by adding section four as follows.
Section 4, 907.2.9.4.
Occupant notification for R2 occupancies, which include apartments, college housing housing, fraternities and sororities, and dormitories.
Notification devices are required in all sleeping units, bedrooms in accordance with section 907.5 when a sprinkler or fire alarm system is required by other sections of this code and shall activate upon throughout the notification zones upon water flow switch or detector activation.
Sleeping units shall include bedrooms.
Great.
Jeremy, you'd like to go ahead and speak on these items or this item, C6.
I will rule briefly.
So we're requesting this proposed ordinance requiring the low frequency fire alarm notification appliances to be installed in each of the sleeping units of group uh R1 and R2.
Hotels, motels, apartment complexes, college housing.
The Arkansas Fire Prevention Code and the FPA 72 require this low frequency and a stat 75 decibel level to be heard at the pillow level when the fire alarm is activated.
We have tested this over the years multiple times.
We're not getting that 75.
So for years, we have been requiring that they put them directly in the bedrooms.
Um the code does not state it goes directly in the bedroom.
It says that it has to reach that 75 decibel.
Like I said, we we through our testing, it doesn't, and so since I've been the fire marshal since 2019, so since 2019, we have been requiring this.
What we're wanting to do is formalize this.
This is not a new request.
It's not a new requirement.
This is something that we're already doing, but we want to formalize it to level the playing field.
Uh, I think Councilmember Turk uh in the agenda said we want to front load the information.
That's what this is.
Great.
Thank you so much.
Do we have any questions?
Okay, that's great.
I'm gonna take public comment now.
You're good, thank you.
Do we have any members of the public that would like to uh speak on this item?
Do we have anyone on Zoom, Keith?
Okay, we do not bring it back to the council, Councilperson Stafford.
Um I motion we suspend the rules move to the third and final reading.
Second.
Okay, we have a motion and a second.
Clerk Paxson, will you please call the roll?
Minister Jones Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
It's more yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
In order to require low frequency fire alarm notification appliances to be installed in each sleeping unit of group R1 and R2 occupancies by amending section 17302C, amendments, additions, and deletions to the fire prevention code.
Okay.
Clerk Packson, will you please call the roll for the final vote?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore.
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Church.
Yes.
Okay, great.
That moves us on to item C7, which also Fire Marshal Jeremy Ashley is here to speak on.
It's an ordinance to require fire department connections to be within 100 feet of a fire hydrant by amending section 173.02 of the fire prevention code.
Kit.
Thank you, Mayor.
Whereas the Arkansas Fire Prevention Code previously required fire department connections to be within 100 feet of a hydrant, but under the current code, fire department connection placement is left to the discretion of the fire code official, requiring only that the connection be visible, immediately accessible, and approved.
And whereas to ensure consistency and operational efficiency, the fire marshal's office has been requiring fire department connections to be within 100 feet of the hydrant in line with existing standpipe requirements and F NFTA standards.
And whereas the fire department recommends standardizing the requirement for fire department connection placement, providing both design consistency and operational efficiency.
Now therefore it be ordained by the City Council, the City of Fayetteville, Arkansas, Section 1, that the City Council, the City of Fayetteville, Arkansas here by amends section 17302 C amendments, additions, and deletions to the fire prevention code by renumbering the subsections existing language as follows.
Quote, subsection C amendments, additions and deletions to the fire prevention code.
The fire prevention code shall be amended as follows.
Number one, sprinklers.
In addition to the requirements of the fire prevention code and the building code, any new building or alteration or addition or change of occupancy of existing buildings which exceeds three stories, including the basement, or 50 feet or greater in height at the highest point of said building, shall be protected by a complete automatic sprinkler system designed and installed with compliance to the applicable NFIPA standards.
The following as defined by the fire prevention and building code shall be exempt from this provision.
Airport control tower, open parking decks, and F2 occupancy.
Section two that the city council of the city of Favel, Arkansas here by amend section 173C, amendments, additions, and deletions to the fire prevention code by enacting the following new requirement.
Subsection 2, 912.2.3 Proximity to Hydrant.
Fire Department connections for each sprinkler or standpipe system shall be located not more than 100 feet from the nearest fire hydrant connected to the approved water supply measured along a path of vehicle travel unless otherwise approved by the fire code official.
Okay, great.
Jeremy we're requesting that uh this proposed ordinance requiring fire department connections for sprinkler and standpipe systems to be located within 100 feet of the nearest fire uh fire hydrant connected to an approved water supply unless otherwise approved by the fire code official.
This is again something that we're already doing uh for years.
The the 100-foot requirement was in the code uh in 2021.
Uh they changed the code, took the number out, and just said it was up to the fire code official.
So what we're what we have done is we have kept that standard because it was in place for years and years.
We've kept that 100-foot standard.
Uh what we would like to do is formalize that.
So again, front loading that information uh to all developers that they know that the FDC, which is the fire department connection, that's how we hook up uh and get water to a building in the event of an emergency, uh, will be within 100 feet, and everybody knows it on the front end.
Great, thank you so much.
Uh Councilperson Moore.
With the development I've been seeing happen, I just have a curious question.
Um, what is the typical lifespan for one of the fire connections?
It seems like some of those are you know aged in different parts of town, but I assume they work just fine.
Is there a typical lifespan on those?
So they're tested uh every year, um, and then uh every five years they're pressure tested uh to a higher rate.
So I mean, we've got we've got fire department connections at like Washington schools that have been there long before I got on the fire department, and that's a long time council person burner.
Thank you, Mayor.
So you're saying if I understand you're correct, you're saying that even though this is not in ordinance, you are already applying this same.
If a new development came through right now, you would apply this same standard now.
Yes.
So right now the code basically says it's up to the fire code official, and we have followed that 100 foot because it I mean it's been in it was in the code for 25 years, and so we we just want everyone to know up front this is this is the the this is the requirement.
This is what we're we can I mean I I guess according to the code we can choose whatever we want.
We we've chosen 100 because it it is from a tactical standpoint, it's the way our trucks are set up, it's what developers have been doing for 20 or 25 years, and we just want to we want to standardize that okay, thank you.
I'm gonna open it up to public comment.
Do we have any members of the public that would like to speak about this item?
Okay, and I know we don't have anybody registered on Zoom for this one, so I'm going to bring it back and ask for a motion.
Council person more.
Maybe that we suspend the roles and go to the third reading.
So good.
Hey, we have a motion and a second.
Clerk Hudson, will you please call the roll?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Is Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
In order to require the fire department connections to be within 100 feet of a fire hydrant by amending section 17302 C amendments, additions, and deletions to the fail to the fire prevention code.
Okay, before we move to the final vote, Keith, I think you had a comment um addressing uh Miss Moore's concerns or Ms.
Morris Conference.
We reached out to a contractor recently to do some maintenance on our fire hydrants, and our fire department went out and did a complete inventory and identified which hydrants need to be repainted.
So that's something that working on right now.
So you'll see it in your budget proposed for 2026 is painting all our hydrants.
They're hopefully getting a glow up.
Uh Clerk Paxson, please call the roll.
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turt.
Yes.
Yeah.
Okay.
Great.
That brings us to item C8.
Architectural contract for Aquatic Center Design with Crafton and Toll Associates.
It's a resolution to award RFQ 25-7 and authorize a professional architectural contract with Crafton and Toll and the total amount of 232,524 for design of an aquatic facility and to approve the related budget adjustment.
Wade.
So Mayor, I'd like to review the uh scope of the initial phase that we talked about in the agenda session.
So they're going to evaluate and refine the original feasibility study with the city administration, staff, and stakeholder groups.
The program and designs presented in the initial study are a tool that our new consultants can reference and build from for the design.
Illustrating how soccer fields could be incorporated into the overall plan.
They're going to conduct multiple public input sessions to gather community feedback.
They're going to develop conceptual designs and cost estimates for off-street infrastructure improvements, including roadways, water, sanitary sewer, and stormwater systems.
This phase presents an opportunity to explore how this project might improve stormwater management in this area.
Develop a conceptual facility business plan outlining projected operational cost.
And identify and evaluate potential revenue generating programs and facility components.
So why now?
Why do we need this now?
At this stage, the project scope and budget are not clearly defined.
Moving forward will allow the city to establish a realistic conceptual design and cost projections to clarify which components can be funded with the current resources and which may be needed to be deferred as future phases.
We provide voters with clear information on anticipated operating costs and how those costs will be supported.
And when I we can also identify potential revenue generating opportunities to offset ongoing operational expenses.
Okay.
Do we have questions for Wade?
And then we also have other members of the team here that may be able to address those questions as well.
We're going to go this way because I think we'll have a lot of questions.
So council person staff, go ahead.
Thank you, Mayor.
Would you say this is like standard operating procedure doing this step before the bond?
Yes.
And we hope to bring the same contracts forward for the animal services facility as well as the fire facilities.
Okay, so that was my next question, actually.
It wasn't just for the pool, but or sorry, aquatic center, but that we'd be kind of going through the same process with other things on the bond.
Correct.
Those were my two main questions.
I guess my my third question is just a follow-up question to a question I think I had at agenda session, which was so the this money will this be coming out of general fund.
No, it's uh HMR.
HMR funds.
Oh, so be coming out of HMR?
Yes.
Okay.
Which I believe oh.
Oh.
I'm so sorry, I was gonna ask Stephen can also speak to the their restrictions on what HMR funds can be used for, but they can specifically be used for tourism purposes and an attraction, which this would be considered.
Okay.
So yeah, I'd love to hear from Steven on this.
Yeah, um, that's that's correct.
Wade uh Parks Development HMR fund is gonna fund this.
And then I think this question came up at the last council meeting when we talked about bonds as well.
These expenses are recoverable from those bond proceeds.
So that's something it's basically part of our first reimbursement, um, assuming that the bond would pass.
Okay, great, because that was my next question.
So thank you for answering my question before I asked it.
Thank you.
Um I saw Minister Jones first.
Okay.
Thank you.
I I didn't hear clearly why is this the standard for this type of funding to be spent in advance?
Because I've I asked this question to Jonathan before.
Why don't we spin funding on developing infrastructure around when somebody's going to develop?
And the words were said to me is because we don't know we can't do that in advance because we don't know if they're really going to develop.
We have to wait.
So I guess my question is why is there now a standard operating procedure that we spend money before the bond is even voted on whether or not the city wants to do it.
I'm I I just don't I don't understand your answer that just saying this is standard operating procedure.
Why is that standard?
Well, we're just speaking to this specific project.
We want to look at the overall infrastructure, like I said.
And uh Chris has actually requested that we study the uh off-site streets, water, sewer, and stormwater.
There's this is not a standard for anything to be paying for it in advance of a bond.
And I'm looking at Steven now because generally speaking, we when you're gonna go forward with the bond project.
I mean, you need detailed information to provide to the voters so that they can understand what they're voting on.
And this is part of that process.
This is what we did in the last bond issue as well.
When you think about things such as our uh the new fire department that's in the bond as well as the the fire training center, I mean, those are things that we would likely be needing to do anyway as a city if we didn't do it now at a future time anyway.
And so what Wade uh presented when he discussed this last time is these provide us with a deliverable report that we can reference back, even if it doesn't end up going forward now that we can utilize when the time comes when we need to make those purchases in the future.
So it's not basically everything is lost if uh if the certain bond question does not pass, we're we're still left with the deliverable that we can utilize going forward uh when we have that opportunity again.
And then you mentioned something was being deferred.
What was that?
You uh well we can look at the overall project and work based on our budget.
If some items need to be put in a future phase, we can determine what those are.
Thank you.
And I can expand on that too a little bit.
Um when we passed the 2019 bond issue, basically we ended up with three bond issues from that 2019, 2022, and 2024.
So you don't really you don't draw all the bond funding immediately at one at once.
You do not issue all those bonds immediately.
But what we need to provide um to our underwriters is a a detailed schedule on the planning on when we're gonna be spending this funding so they can package those bonds and market those bonds as part of the overall bond issue process.
Yeah, so we'll we'll ask the uh the construction manager to give us the overall payment schedule for the entire project, and we can provide that to Steve and he can uh get that to the bond council to know how much we need to draw throughout the project instead of drawing it all up front.
Thank you.
Trying to go in order, so I believe that's Dr.
Jones.
Yes.
Um you may have answered this already.
Uh, but what happens if it doesn't pass after we pay the money for them?
Right.
It's like you said, we have we'll have a deliverable, we'll have conceptual designs uh that we can use in the future if and if and or when we approach this again.
And will will that be the same protocol for all of the projects?
Yes.
Okay, thank you.
Mr.
Burnton.
So I think you just answered uh you took my thunder.
You you asked my question.
But uh that's okay.
Uh but would it be fair to say that in doing this study that you are providing the voters a complete picture of what's going forward for what they're voting for?
Correct.
That you're outlying here's how what our proposed budget's gonna be, this is how uh any possible revenue streams that we're gonna have so that the voters can make an equated decision on the if they think they want this or not.
Right.
Plus operational costs.
Okay, thank you.
Councilperson Moore.
Thank you, Mayor.
Um, Wade, I don't see on the packet, and I might be missing it um what the timeline looks like based on moving forward prior to the vote.
Um my question is um what does it do to the timeline in the event we waited for the the bond vote to then move forward with the timeline?
Like what you know um considerations do we have as far as timeline implications?
Um, you know, what other kind of risk or unknowns will we have if we we maybe make that choice?
So uh as far as the timeline on the conceptual design uh for this for the bond package, we hope to have deliverable in February.
Uh and uh yeah, I don't when you say deferring so if we said, hey, we're gonna not spend this money until this goes before voters, and in March, we get our answer, so we hold on to those monies and then move forward.
Right.
Um, I understand you've explained the benefits that you know we get better details, we potentially see some of that value engineering, maybe some stormwater, but my question is in the event we wanted to hold and waive.
Well, you know, there's a benefit of if we are successful with the bond question that that gets us four months ahead of schedule, basically.
And uh escalations on sixty million dollars for four months is just under five hundred thousand dollars.
So it just it accelerates the schedule, which could decrease escalations.
Okay, and then I had a follow-up question is are we um firm and final on the site location being Lewis Park, or are we still making that determination?
Because I know a lot, I feel like a lot that's been disseminated, it's been very focused on Lewis Park.
I'm getting a lot of feedback from residents that are very sensitive to that not being the spot, and so I'm trying to understand where we're at and what that process will look like.
I'll let uh Keith speak to that.
I know we're we've got ongoing discussions with the school district.
Yeah, I think either Keith or Alison, either one, Keith, whatever you'd like to do.
Okay, Allison, can you speak on that?
Don't go too far, Wade.
I think we may still need you.
Umuding to, we are in uh discussions with the school district and what a partnership there might look like.
This site was also chosen as the preferred site out of about I think it was maybe 12 sites in the feasibility study that we did.
And um, those were based on a whole set of parameters, including access, both vehicular and alternative active transportation service area.
We were looking at service area gaps, um, land that we already owned.
Um that was the a benefit to us.
Um, and uh vegetation stormwater developability if you that's a word.
Um so we're looking for sites that were not wooded hillsides um that were relatively flat that were less expensive to develop thank you.
So, as far as that that is most likely the site is what you're saying at this point.
Okay, all right, thank you.
Okay, um council person turk.
Thank you, Mayor.
Um, hi, Wade.
Could you remind us how much we've already spent on the feasibility study?
Uh maybe Alison has a number.
It was roughly a hundred twenty.
Um about a hundred.
So we've already invested a hundred thousand, and I I guess that was enough um enough information to be able to satisfy the requirements of um actually putting it on the ballot.
So I'm very hesitant to go forward and spend another 232,000 dollars before we hear from the people.
And and I might feel the same way about some of the other bond issues too, because we haven't asked the voters what they want yet.
I mean, they're they're ultimately gonna tell us something.
Um so I just want to make sure that this more detailed report is not required by the state or feds or or any entity uh be this additional information that we're talking about tonight in order to get this measure on the ballot, right?
Right.
Uh I'm not aware of that.
Okay.
All right.
Um, thank you.
That's all my question.
Okay.
And I just want to reiterate that the uh the parks development fund and the HMR and HMR funds are are one and the same.
So the parks development fund is made up of HMR funds.
Is that correct?
That's correct.
Okay, and so it cannot be.
So this money for this is not coming out of our our general fund.
It can only be used for those parks and tourism purposes and for those feasibility studies.
Yes.
Okay, great.
Thank you.
Um let's take public comment.
Do we have any members of the public that would like to comment on this item?
Good evening, Mayor.
Um's uh kind of asked the question that I was gonna ask.
I understand this is standard operating procedure.
But just because we've always done it this way doesn't mean that it's the best way that we should be doing it.
Um we'll get from the scope of work in this contract is should have been information that would have informed the amount that we're asking voters for to get the aquatic park that we're telling them that they want.
Um but you've already set a 62 million dollar firm price tag by writing the ballot language and sending it off a couple weeks ago.
Um, so if that'll be enough, I don't know.
Uh I guess we'll find out what it covers from this study.
But um it just it seems backwards that uh we're spending money now to find out what we can produce for the money we've already asked for and whether it'll fit.
This is really the only item that seems to be uh causing a lot of controversy uh among the community that I've seen.
And so it seems like in five months we'll we'll know whether the voters approve of going forward with this or not.
And I know you asked the question what will what will it cost to wait until February or until March to uh to go forward with this contract, but if it's a quarter million dollars now that may for for something that may not be approved or half a million dollars if we wait a little bit for something that may not be approved, that sounds like uh potential savings to me.
So um I think this is too early.
I think it could wait until after the bond vote.
Thank you.
Do we have other members of the public that would like to comment on this item?
Hi, my name is Helen Ames, and I live at 1420 West Mount Comfort Road.
So I am just a road away from Lewis Fields, and we've had a lot of development in our area, and so I appreciate you guys taking the time to really consider what's going on.
And uh I am not against us approving this bond.
I think having the information and knowing what we're gonna do with it is awesome, and being able to vote on that with that information, but this bond was not set on where we are going to put the site.
That site wasn't predetermined, like was we just mentioned.
That was completely you know conceptual, and so to not waste this money.
I really urge us to make sure that we have at least one other option.
Uh being that we are in a low area, it is flat, but that is also one of a big major floodplain.
So it's protecting a lot of the homes around from being flooded.
Stevens has already had a lot of flooding issues off that drainage dish ditch.
So uh not only that, but to create more equality in our community.
This is a really important field space for children that have low income costs, the aquatic spinar, although incredible, and I hope that we do have that happen in Fayetteville to cut out these fields in a centralized location is taking away the opportunity for these kids that don't have any other option to get out and play, to play soccer, to grab a ball.
Uh, it's taking that opportunity away.
We don't have enough fields and parks.
Well, we have a great amount of parks.
You guys have done a great job with that, but actually field space where we can get out, play sports, join a team.
If you've ever been a part of a team, then you know that that can be the one thing a coach, a teammate, a parent, that might be the one thing that brings a child up and out of the depth of their family that doesn't have enough food that doesn't have the support because they're having drug or alcohol issues, it can send them on a path and change their life.
So I uh again, I think we could approve this under a couple conditions.
No site pre-selection.
I'd love to see at least one other site represented in this, so that if we do decide to pass that, we're not wasting all this money off one site.
And also doing uh an analyze going at an analyzing field capacity impact.
Uh what are we doing to our community by taking these fields away and the opportunities for children to play sports and be able to walk to leave their home, walk to sports.
We uh you know, Kessler is great, but it's extremely far away for most people that are centralized in town.
If you don't have the money to buy a new prosthetic leaf, you're definitely not gonna get a ride up to Mount Kessler and back.
And I'd also like to bring back the pack for land acquisition instead of covering up a park that we have existing and is really really used.
I mean, if you go around any weekend on Lewis Field, that park is full of teams of kids.
I played Ultimate for years.
We fight for field space.
There's not enough of it.
My daughter.
Thank you very much.
Thank you.
Do we have anyone else in the room that would like to?
Yes, come on up, please.
Please state your name and address.
My name is Patrick Randall.
I am at 491 Kabala Street in Farmington.
Uh I'm very invested in Fayeville.
I own a small business here on Dixon Street.
Um I'm one of the owners of Bulgers and Bruce rock climbing community in the outdoor space.
Um I have played at Lewis Fields for the past 18 years.
That's honestly why I chose to stay in Fayetteville before I ever made a small business here was because of the ultimate Frisbee community that brought me here.
Obviously, I don't want to get too much into the feelings of where this project was.
Again, like most people stated, no one's against aquatic sports, but I think if it would have laid out where the site was determined, there would have been a much more heavier resistance.
We are catching this on the back end.
And the fact that the city hasn't even got a chance to vote is I think you guys all brought up great questions.
Why would we approve something that we're not sure if the voters even want?
And as a voter, I do not want.
So I guess my thing, I guess my question is if we are going to say that more fields will be put back, I would like to see those plans first.
If we're going to take away, I want to see what's going to be brought back first before, just like Helen said before this, um, we do have to fight for fields.
Um, if you look at the walker plans, they're also taking away.
So if we're gonna take away at least half, if not three fourths of the soccer fields at Lewis, that means all those sports have to go to Walker.
And if you look at the walker plans, we're taking away more soccer fields.
So that means seven sports are going to be competing for three fields at the same time in the same season.
So you're talking about youth football, youth soccer, adult rugby, ladies' rugby, uh, competitive frisbee, and um softball and kickball, competing for three fields.
So that being said, um, I appreciate y'all's time.
Uh hopefully we can get a little bit more information before we hit yes on this thing.
Thank you.
Thank you.
And I might ask if Alison Jumper could come up.
I I am, or I'm sorry, do we have any more public comment in the room.
Hello.
Hello.
I'm Joy Endicott.
I live at 1495 North Stevens.
I'm the president of Friends of Lewis Park.
Um first, I'd like to say this feasibility study surveyed for the money we spent, which was 151,000.
It surveyed about 1.5% of the population.
Okay.
So that section wants an aquapark.
Great.
I think that the focus of the surveys and the feasibility on visibility, accessibility, and sustainability do not fit Lewis Fields.
If you want visibility to attract tourism, this new feature needs to be out on 49 so that when people drive by they can see it.
Lewis cannot be seen from the interstate.
Accessibility, same thing.
That Mount Comfort in Lewis is a dangerous place.
I live there.
There have been many accidents at that Stevens and Mount Comfort.
Someone died in the seven years that I've lived on that corner.
There have been four major accidents.
I'd like for you to look and see how many times that fire hydrant has been replaced in the last five years.
That's great, but we should be looking to expand field space in this community, not limit it.
The field study that they are showing reduces from six full-size fields to one.
Four half-size fields and two many fields, replacing floodplain grass with parking lot and other concrete.
Not helpful.
Look at other spaces that are more suitable, such as the persimmon and Shiloh area or the drive-in.
Great, let's use that.
It's visible, it's flat.
We don't need to lose what we've already fought so hard to gain at Lewis, which is in better shape than it's been in 20 years because it's finally not overused.
It's still not great.
I've played on great fields.
Those are not great, but they're better.
So let's work forward to gain more field space and not lose Lewis.
We've already spent this 151,000.
I don't know about spending this next 272 to plan on the wrong site.
If this feasibility study or planning goes forward, it needs to have more than Lewis as the focus.
Lewis should not be the focus.
Please consider these.
It is a highly used field space that suits many activities, not just team sports, rugby, lacrosse, ultimate, kids.
Thank you.
Thank you.
Do we have any more comments in the room?
Okay.
And I just want to remind everyone that the matter that we're voting on is awarding the architectural contract to Crafton and Toll and not the slight selection piece of it.
But just yes.
Now it did say it was 400,000 visits.
So you would recoup some money, but only 70%.
And that was a very optimistic viewpoint.
There were other things in the study that got pointed out about the media age in Fayetteville.
And if the median age is lower, then that is a positive for building an aquatic center.
But it also pointed out that we have the University of Arkansas that brings our median age down.
So I'm opposed.
I do not want this to pass.
I hope that you don't even fund this extra 250,000 or 223,000 to do another study.
There's enough information for voters to decide whether they even want to go forward with an aquatic center.
I hope we do not do that though.
I'd like to keep Lewis open.
I love Lewis.
I've been playing on those fields for 25 years.
And I think that's pretty much it.
Do any of you have any questions for me?
We can't do that at this time.
I'm sorry, but thank you for your comments.
I appreciate it.
Do we have other comments from members of the public?
We have Carl Doji on Zoom.
Okay.
Mr.
Dogie.
Uh Carl.
Oh, sorry.
My name's Carl, 421 Saying Faith Orts Almost 701.
Um I just speaking to I mean you people that have been there, and um in the past we had the fight to St.
Lewis, and I will just say that I think there will be a decent amount of opposition to the project as it is.
And I spoke up whenever we were doing that.
Or maybe greatly because of the aquatic center, especially with it being on Lewis.
Um what's the idea there?
And so just what Kyle said as far as like possible savings.
I just think we already did a study, I feel like 100,000 to say what you know the outlines of the plan should be more than enough money to be spent for people to make an educated decision.
And um I think it could be uh like 50-50 proposition, whether it passes or not.
And in general, I would say probably you shouldn't pay for things before they're passed as much as you should do the minimal to be able to then give people information and um just for all those projects, but yes, it's something like more than you know very well supported, but I do think just based off people speaking and what I know for the public.
I just think that this project could go either way.
Um I think spending more money uh is not a smart idea until it's passed.
We have information, the letter voters decide and spend the money.
I think it's worth even if it costs a little more later throwing money down during the century, or I know we have the study, but maybe then that never gets done, or then we have to spend more money later.
So just waiting for voters.
Yeah, that's all okay.
Thank you.
Thank you, Carl.
Okay.
Keith, do you have things you wanted to add?
Yeah, just a couple things.
One thing just uh when we when we reviewed the feasibility study, what six or eight weeks ago, we did have close to three thousand residents that commented on that feasibility study that wanted an aquatic center.
So that was a very strong public out.
I mean, a lot of public comment on the need and desire to have one.
One of the things that will really help us if we do approve this is help us design the facility in a way, as Wade mentioned, is help with cost recovery and trying to design the appropriate things to bring to the voters.
And one thing we haven't brought up tonight uh is the partnership with school district that we've had some high-level discussions on, and that's something that I'm really needing to get some more additional details to them to see what they can participate with as far as a competitive uh pool as part of that.
Um that's something that's critical in us in that design to work towards that cost recovery goal.
And a couple other things is I think if you ask our parks and rec staff, we definitely realize that we need a lot more fields in the city, and that's something that we're actively looking at uh as part of the bond.
And Alison, you correct me if I'm wrong, as part of the uh one of the bond questions, we do have money allocated to uh to purchase some additional fields because we realize that's a huge need, and we do realize how much the fields are utilized in Lewisfield.
I played high school soccer at Fayetteville High, and I played there, we practiced there.
I played there when I was in Air Murals practicing when I was in college.
It's a very, you know, it's a heavily used area and has been for 35, 40 years.
Uh, and that's something that we realize, and we're trying to leverage the design of the new aquatic center to have available public space where we can field space on that site and and consider that along with what we're doing at Walker.
I believe we're adding two fields currently in the new Walker design, and then hopefully if that bond passes, uh purchasing additional land for uh fields.
Allison, did you want the opportunity to add to that?
Yes, please.
With regard to field space, the Walker Park improvements, we're actually we're adding three fields that will be lit right now.
The fields that we have at Lewis and Walker are unlit, so that will allow us to have more playable hours.
We know we have to balance that with the use of the fields, but um, so we are adding three fields there.
Um, the park acquisition funds and the bond would be acquiring land and also adding new fields at Kessler, and the hope is to make those turf fields.
So again, we have many more hours we can play on those fields so we can spread out those uses.
Um just want to clarify that.
Great, thank you.
Do we have anyone else on Zoom?
Yeah.
I'm gonna bring it back to the council and we'll start with Councilperson Stafford.
Thank you, Mayor.
Um Allison, could I I I think I've I think my questions are probably gonna be you're probably gonna be the best person to answer them.
And and you kind of just did, but I just want to I want to make sure I understand this correctly.
So uh number one first question I just want to get out of the way is uh the site for the aquatic center, is that set in stone at this point, or you are we still considering other sites, or is is Lewis the this like that's it, we're not gonna consider anything.
Do you want me to answer that?
So to so that you're less on the spot, the feasibility study came back recommending several.
It was narrowed down to a few more.
That is contingent upon what we learn from this architectural contract with Crafton and Toll.
So we think from what we know now, which is limited because the feasibility study was conceptual and was broad, we think that that works as a site.
One of the things Wade mentioned that I want to highlight is that part of this contract calls for public input sessions.
Did you not?
Yes, that is a piece of it.
So what we're inviting Craft and Toll to do is like, do you still agree and support that Lewis is the best site?
Or if not.
So right now, yes, that is what we think.
I do think more light will be shed on that through this process.
And also, quite frankly, a lot of that is going to be dependent upon the school district because part of the appeal of the Lewis site that the feasibility study took into account was potential opportunities for cost share with the school district.
So, but in order for them to want to or agree to a cost share for us to bring to you, they would want to know that they get an indoor competition pool.
We can't tell them that with our without architectural designs.
So we are we're I think that was a yep.
I know that's not as simple as a yes or no, but I'm trying to give you all this go.
That's great.
No, thank you.
I appreciate that.
And then and then I I guess uh the what I want to ask you, Allison, is you know, there's talks about losing field space, and where do we recruit the field face?
And you kind of address that, but I just want to make sure.
So are you saying that Walker Park will have a net gain of three fields from what it has been?
Net gain of one.
We have two existing unlit fields right now.
In the in the long-term master plan, those two fields will be repurposed.
So we're currently building three fields on the south side that will be lit.
So Walker will be uh just the same as it is now.
It'll be plus one, plus one, and it'll be lit.
Okay, that's what I'm trying to get to.
And then and then Lewis with the with the just the schematics and the plans you have now be minus how many, how many will we be losing?
We don't know that exactly until we go through some of this design work.
Um but there will still be some fields.
The idea is that we the idea is to keep some fields there, yes.
Okay, but some of them may be half fields or right, and when we talk about fields, we we talk about them generally in full-size fields for a lot of purposes, those are broken up into many smaller fields.
So we may have a full-size field that gets broken into six smaller fields depending on the age group.
And then and then other than Kessler, because uh as one of the commenters pointed out, Kessler is kind of out there a little bit.
Are there other existing parks or maybe parked land you're looking to acquire that is more central located?
And are you specifically looking at again kind of making sure that we don't end up with a deficit of fields that we that the plan is the we may have to move fields, but that we maintain the level fields in the city that we have or increase them?
Is that I mean, can you correct?
Yes, so um, with the other part bond project question, there is funding in there for land acquisition for fields, so we have been looking at space around the city.
There's not a ton of it left that is developable for fields, but we have been looking at that and are targeting some of those for acquisition.
Okay.
Thank you.
Alison No, anyway.
I I'm I've been looking at since this data track information, and based on us talking about Walker and Lispark.
This is possible Title VI violation.
We have to protect areas where minorities will prosper by offering those type of fields.
But I heard you say, Mayor, that there were several options for locations.
My question in this study, why isn't Craft and Told looking at all the locations?
So we're driving them towards Lewis Plaza, but I'm gonna tell you it's real close to a Title VI violation.
I need you to look at the census track data information around those areas, and we are disproportionately impacting minority children.
You want to know how it impacts them?
Equity and environmental justice, youth and community engagement, public health and wellness, environmental benefits, economic and community value.
We need to reevaluate how we do things and how we're impacting underserved and marginalized communities.
Okay, I'm not saying thank you, Allison.
I'm not seeing any other comments.
It is a resolution, and I also want to just make sure that, and I think it was just a I'm I hear you and respectfully with Minister Jones.
I do want to make sure you knew it was Lewis Park and not Lewis Plaza.
I think that was just a misstep, but I just wanted to make sure in case anyone thought it was Lewis Plaza.
Yes, no, completely understand.
I just didn't want that to be misunderstood.
Um okay, I'm gonna bring it back to the council.
Uh Dr.
Jones.
What are some of what are some of the other places that they were looking at?
Alison, do you want to speak to any of the other sites under consideration?
Sorry for putting or Keith if you'd rather either one.
Sorry, I'm trying to pull this up as I'm walking.
So I did I looked back, it was 18 different sites that were evaluated.
So I had that number wrong, sorry about that.
Um sites were on the very periphery of the city.
Um many of those had lots of tree canopy.
They weren't in very accessible areas, in other words, um they weren't surrounded by residential, which we feel like is a positive, so that people can walk or bike.
Um they weren't surrounded by residential, which we feel like is a positive, so that people can walk or bike.
They're not required to have transportation to get there.
Um I if I can just pull up the map.
I can call those sites out.
Um some of them were um many of them were potential commercial sites that would need to be redeveloped.
Um sorry, I can't find this as I'm talking.
But it is all available in the aquatic study.
All of those were identified on a map.
There are 18 of them.
One thing to note is that we did like this, uh, we did agree with the feasibility consultant on the location of Lewis Fields just because it's proximity mentioned to the school district and proximity to the walking uh to our trails that are we have a new trail going along the Midtown Corridor Trail, and then also to support that community.
I mean, there's a lot of people I think in the community that would walk to that facility uh versus some of the other areas we looked at it didn't have the walkability for kind of a community hub.
Question Go ahead.
What do you like?
That was my next question.
I was interested in knowing what the school district thought about that about that site, because it sounds as if they would be that they may be that that may be a site that they would prefer, maybe.
I want to be careful in that I certainly don't speak for the registrar of the school board, but my understanding, and Alison jump in if you feel differently, is that the conversations we have had with them thus far about the opportunity there have been have been positive.
Okay.
But again, that I I want to I'm not I don't work for them, so I just want to make sure, right, right, right.
Right, right, right.
Uh because it sounds like to me, whatever site they that's that's chosen that there would be challenges.
And it sounds like that, you know, that what's presented so far is it sounds like that that's the most it makes more.
I mean it's more sense.
And we're not voting on this side.
Absolutely, yes.
Absolutely, thank you.
Absolutely.
Councilperson um uh Verna, okay.
Verna and then Turk.
Understanding we're we're not technically taking this, the location site location into consideration and I but would I be accurate in saying I assume that you're taking in the location, the demographics that are associated with uh if you do go to Lewis, uh, that there would be opportunities for scholarships for kids that could not afford to go to the pool regularly, but but we can scholarship them to allow them access that they wouldn't otherwise have.
We have that program existing now, um, even at Wilson Park Pool, our friends of Faithville Parks and Pag Nazi Parker scholarships are available for that for entry and for swim lessons.
So I don't see that changing.
Um but but those kids in that area would be able to walk to that facility versus having to get a ride to Wilson.
Okay.
Council Person.
Thank you, Mayor.
Um, you know, 10 years ago there was a big movement to save Lewis Park or um because that was that was going to be used to uh for development.
Um so I mean we really only only had the control of that for 10 years, and everything that I've heard, people were really, really satisfied, really happy that we were able to come together and coordinate with the school system and be able to save that from development since the U of A was was selling it.
So I really kind of hate to give up that location that people fought so hard for to save, and that so overwhelmingly are happy with.
Uh more information or call more detail.
And I think they probably should have done an outreach, you know, uh a survey about what people thought, and that would have given us a little bit more insight than what we do now.
So I'm not gonna be able to support spending this money ahead of what the voters decide.
I just I just think that that is that's just too risky, and um, and I I just don't think we need to do that.
I think that money can go to acquisition acquisition of some of those fields in the future if the voters deny um the aquatic park.
Thank you.
Mr.
Weaver.
Thank you, Mayor.
Uh I mean the Wilson Park pool is aging the last study I read on it was that almost no engineering firm wanted to touch it if it needed significant maintenance due to the liability of reconstructing a pool bottom over an active stream.
We're going to lose that pool.
It's it is old it is aging it's going to become more and more expensive.
The biggest response turnout we've ever had with surveys is for related to an aquatic center and I've played ultimate frisbee.
It's a remarkable sport I'm not sure we have 3,000 ultimate frisbee players that are in the city of Fayetteville and it's no slight to them it's a fabulous sport.
So I think when most communities our size have more than one aquatic facility for Fayetteville to not have one is a bit problematic from the full quality of life when we look at people who have mobility constraints that preclude them from running on a ball field but they're able to recreate in water that we need to consider in terms of equity for everyone that there are people that are not capable of running that are in fact capable of swimming.
So I'm going to be supporting this not because it's perfect but because a significant number of Fayetteville residents have said yes this is worthy of exploring we think that it would pass in this location or another location I think that despite the appearance of a lot of hesitation this could be the bond measure that passes by the greatest margin to be perfectly honest with you.
And so I I look forward to us exploring this more fully and I I hope that in fact the Fayetteville residents who are the ultimate voters will decide that this is something worthy of pursuing for total quality of life for the 1036 people who live here.
I'm just going to uh piggyback on something that that a council member burner said I had a question about um the uh I guess scholarship opportunity thank you for addressing that and also to the fact that I do understand that there has been community engagement right and it's been an overwhelming response favoring this and I know there's been some uh talk tonight about HMR so that's been satisfied so um as you said tonight it's not perfect but I think the citizens have spoken and I think that it's time that we continue to move forward so I'm definitely going to be supporting this.
Thank you.
Councilperson Stafford and then we'll go back that way.
Okay.
Thank you Mayor um I I think uh my two previous uh council members uh brought up good points and that I I kind of agree with um I had a lot of questions going in I'm glad that this money's gonna be uh coming from our HMR taxes and not our general fund I'm glad that that this cost will re be potentially recoverable if these passed and um I'd be hard pressed uh personally to even though again I've told people before you know I'm I'm I'm not a swimmer myself this isn't this isn't my this isn't for me but that's okay uh but that I'd be hard pressed to uh uh vote against us for that reason but then you know when when these studies come forward uh for the fire department um or the animal services you know I'm probably gonna vote yes on those and so I think it would be a little bit uh I don't want to I don't want to be hypocritical so I think I have to be uh even across the board again um uh I agree with a lot with what uh council member whitaker just said just about everything he said this isn't perfect uh uh but the the this has there has been a demand for this uh Wilson Park pool does need to be replaced uh the the schools need uh our student swim teams need facilities that they can adequately use uh for our for our children um and then I believe the aquatic center is gonna be great for all citizens a favorable of of all income levels um so with that said I I I will be supporting this tonight I had some hesitations but uh I I think I think giving the voters this added information so that they can make a more informed decision
Uh the the schools need uh our student swim teams need facilities that they can adequately use uh for our children.
Um and then I believe the aquatic center is gonna be great for all citizens a favorable of of all income levels.
Um so with that said, I I I will be supporting this tonight.
I had some hesitations, but uh I I think I think giving the voters this added information so that they can make a more informed decision when it comes to March uh is gonna be important.
So I'll be in support.
Minister um oh, I don't know who was first.
Okay.
Uh Minister Jones and then uh Councilperson Bunch.
Thank you.
Now you said the you were considering the scholarships.
Um was that part of the feasibility study so we can understand how we would account for those scholarship dollars towards future operational?
That is something we could ask the consultants to consider.
Um as I mentioned, that I mean that's an existing program we have right now that's funded through Parker Pagnosi and also our friends of Fable Parks as they raise funds, they offer those.
I'd like to at least see that come back to us.
The other thing is um we we have moved away.
Thank you, Mayor, for clarifying.
We're not talking about voting for aquatic park today.
We're talking about giving funding this resolution to award to craft and toll to talk about doing this study.
My question is, well, I'm still kind of confused, and maybe you can answer.
Why are we only doing it for for Lewis Plaza?
Lewis Park.
I'd rather write it down.
Why are we why are we doing it if we have 18 locations?
And I understand some of it is be driven because we want to partner with someone else.
I understand that, but why have we already driven driven it down?
Are we then asking Craft and Toll to only look at that as an option?
That's my question.
No, I don't think so.
I think as the mayor mentioned that that their contract, we want to see if if this is still supported as the preferred site based on all of those other parameters, existing infrastructure access, all of those parameters.
So they will be looking at that and seeing if it still makes sense, and if it doesn't, then we have other sites that have been identified.
I guess I guess then my other my last question is if not them, who would next what it what's the next site that would be considered?
If we're sitting here talking about it now, and we're talking about put making a budget adjustment, because that's really what's on I'm trying to stay focused.
It's the budget adjustment to find craft and toll to do this study, but if they say not Lewis, who would be next?
That's just a question.
I think that would be part of their recommendation to us.
They would they would find the next site.
So I have a couple, I think answers to a couple questions you have.
One of it is you asked about um kind of the rates and what we charge people.
That'll be part of our study that uh craft and toll has will be partnering with a company called Councilman Hunsaker, which is an aquatic consultant, one of the top in the country, and that's the kind of performer that they'll come up with to say this is how many people we think will be using this type of feature that we are looking at.
Okay, we have an aquatic center, we have a competition pool.
Are we able to afford a recreation center?
These different you're gonna how big a concession stand are you gonna have?
They'll put all these things into it and they'll look at uh they'll leverage our feasibility study and say this is how many daily trips that we think they were gonna have, and then they'll come back and say, okay, we can charge this amount for this type of cost recovery for these types of things.
You know, it's a daily pass, it's a pass, you know, it's a youth pass, it's an adult pass, it's a you know, monthly pass, it's a summer pass, annual pass, all these type of things they'll come back with, and then we'll have some decision points on what do we want to have, you know, it's a balance between affordability and how much cost recovery that we want to be.
And that's something that I know Lee Farmer in our uh recreation department has experience with.
I have experience with with another city, and that was uh, you know, it's an interesting thing that you go through.
And then when you go through the programming of that design that we would do with Crafting Toll and Councilman Hunsaker, you're making decisions on this is a high revenue generating feature, and this is going to allow us to either recover more money or decrease the cost of providing that service to people.
So that's a pretty key component of this, and that'll be very critical when we talk to the school district.
And we've been, you know, that's been on hold for I don't know.
Last time I talked to him was probably six or eight weeks ago.
Uh just pending this conversation.
And I think uh councilperson Moore.
I mean bunch.
I'm sorry, I looked right at you when I said that.
It's Sarah, and I was timed and I called you Sarah, and then I said it's okay.
Council person.
Are you also our mobility coordinator?
Because apparently I can't get that straight.
And I do an excellent job at that too.
Excellent job.
Um yes.
A lot of the questions I think that are being raised tonight will actually be answered if we fund this.
And that's that's I mean, I I don't like spending money for things that I'm not really, you know, sure that they're gonna pan out or not, but but one of the things if I remember if I heard correctly, one of the things that this funding allows is that the it's a more detailed look at what we might actually be able to build and and stages that we might be able to build something in.
And that's stages is one thing I've heard lots of members of this council seem to have asked about earlier.
Can't this be built in stages and do less and then not do the full 60 plus you know, 60 plus million.
Um but you know, I think um I I really feel like this is something that we need to do so that we can get the best information to the voters, and they have the best.
I mean, in my job, I always say um whoever I'm working with, I want to get you the best information so you can make the best decision.
And if we go in without this detailed information, I'm afraid people are gonna go, well, we just had this broad conceptual design, just a picture, and and we don't know if it's gonna be what we have in the the original conceptual drawing or not.
So I think I think it's very important that we go ahead and support this tonight.
There's a lot of things that can be answered with this feasibility.
Um with the study that we're going to get from Grafton Tall, and uh I just I'm I'm gonna be in support of this.
Councilperson Burnett.
Thank you, Mary.
I'll keep this brief.
Um there's been a lot of issues that over the my term on the council uh that have been hotly contested and and uh but I can safely say that about three or four weeks ago my inbox on my email was flooded with people for supporting uh the aquatic center.
Uh I thought, man, somebody has unleashed the the the group on us, uh, but it it highlights the fact that I think uh that the citizens um are asking for this.
I think it's important for us to give them a complete picture uh so that they can make an educated decision on if they think this is a good uh proposal.
Uh so I'm gonna support this.
So uh with that I would uh make a motion we pass a resolution that's presented.
Second.
We have a motion and a second.
Clerk Paxson, will you please call the roll?
Minister Jones?
No.
Mr.
Stafford.
Yes.
Dr.
Jones?
Yes, Ms.
Moore?
No.
Mr.
Wiedaker?
Yes.
Mr.
Bernett?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
No.
Okay, so we have passed.
Okay.
The next item is also about the aquatic aquatic center.
Um, it is a resolution to award RFQ 25-8 and authorize a construction manager at risk services contract with CDI contractors and the amount of $39,999, which is I believe one dollar shy of what we uh can do on our own without going to council.
Um, but we that's pretty close.
So we are bringing it for the pre-construction phase and to approve the related budget adjustments.
Wait.
So the services provided in this pre-construction phase is to support design review during the conceptual design phase, provide cost estimate of program elements and options, uh, conduct value engineering to identify cost saving options, and develop a project scheduling to align with funding milestones.
That's it.
Okay.
That was quick.
Um so before we go to public comment, do we have any clarification questions from council?
Bob?
Yeah.
Thank you.
Thank you, Vice Mayor.
Um, I just want to make sure will this amount also be coming out of HMR funds?
Yes.
Okay.
And and Stephen, will this also be potentially recoverable?
That's correct.
Okay.
Thank you.
Any other questions?
So I guess I go to public comment now though.
So is there any member of the public in chambers that would like to address this issue?
Thank you, Madam Vice Mayor.
I don't think I've ever said that podium before.
If you'll pardon me being slightly off topic because the two issues are somewhat blurred together.
Some folks back here are asking questions because they don't hang out very often.
So I wanted to tell you what I think I heard and give you a chance to correct me if I misheard.
And it was the answer was yes.
The other the other bond question also includes potential for land acquisition.
So now we've got an aquatic park that's not $62 million.
It's potentially $62 million plus whatever we want to take out of the other bucket of money, which means less to go around for other uses.
And I heard if Lewis Park doesn't work out, then the last contract scope would bring them to looking at other options.
That doesn't sound like they're evaluating different sites as options.
It sounds like they're being contracted to go forth with Lewis Lewis until you hit a roadblock you can't overcome, and then go find another option.
So just to clarify, that's what it sounded like to somebody who listens to these things way more than any normal citizens should.
Correct me if I'm wrong.
Anyone anyone else in chambers like to address this?
Keith, do we have anyone on Zoom?
We do not.
Okay.
Thank you.
Um we got through public comment.
Okay.
So I'll bring it back to the council and uh councilperson Stafford.
Thank you, Mayor.
I would I would like to correct Kyle Smith.
And I that's something I could rarely ever say that I can correct Kyle Smith.
But he's uh but um I I I do think that there's a little bit of an error in that messaging that if we have to purchase land and we use that other bond issue to purchase land, then that's taken away from other parts.
No, you're you're keeping Lewis Park, right?
Like then that that way Lewis Park is saved, and so in a way, yeah, you're you're you're shuffling, but you're not does that does that make sense thank you.
I I think if I say anything else, I'll confuse the issue instead of simplify it.
So councilperson Moore.
Thank you, Mayor.
Um there was a lot of dialogue on the last one, so I didn't jump in.
Um so I wanted to kind of talk about C8 and C9 together and my vote there, and it will be consistent as a no here.
You know, I understand we talked about um the the pre-monies being spent so we get more details and kind of compare that to like our um more need-based things like the fact that we'll need additional fire service.
Um, you know, I struggle because um while there was a part of our population that was very responsive and I understand is very energetic around this, even those individuals that reached out to me wanted some kind of you know pool and not necessarily a center or you know, a massive um uh structure like what we see in Rogers.
Um and so additionally, they brought up during that time, and I um Councilmember Whitaker talked about um Wilson Park.
Um I understand it's aging and um is gonna you know need a lot of improvement over time, but it also is beloved just like Lewis builds are and many of the folks that even um were supportive of the Cautic Center wanted to make sure that they were not gonna lose Wilson Park pool.
They wanted it to be additional.
And so I really want to hear strongly that we've got a commitment that Wilson Park pool is something that we're gonna be investing in because it's important to our community.
Um and then uh additionally, I appreciate the more robust conversation that's happened um outside of just looking at Lewis Park.
I have a lot of hesitation again of like spending this money up front because you know, unlike some of my colleagues, I think that this is most is has a high likelihood of not passing.
Um and uh uh it doesn't necessarily meet the needs of of my family, and I do understand we're meeting the needs of many people in our community.
Um, but given the context to what we face in our communities too with our budget, thinking even those comes through out of HMR, you know, those monies and our parks monies, those can be used for other things as well that are amongst our parks today.
And if it you know doesn't get used, um, you know, for those purposes, and they end up needing to be funded at some point in time.
Uh and so I just wanted to explain.
Um, I am very appreciative of of staff staff's work on this.
Um, I sat on selection committee as well.
I think that these firms are um like with SATA top class.
I just have a lot of hesitation about something that's a want and potentially um is gonna have hesitation from voters um leaning forward this much into those um right now.
So for tonight I discontinue to be a no on this.
Mr.
Witaker.
I would make a motion to pass the resolution.
Second.
Do we have a motion and a second?
Clark Paxson, would you please call the roll?
Minister Jones.
No.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
No.
Mr.
Wheedaker?
Yes.
Mr.
Burnett?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
No.
Okay.
So that passes.
Um, I'm getting mixed signals from the council on whether or not you would like a break.
Yes, okay.
No more mixed signals.
We will do a um eight minute, six minutes, four-minute.
Five-minute recess.
Seven.
Seven minute recess.
Seven.
Sarah Bunch says we're doing a seven-minute recess, and I think her is she is the vice mayor.
So seven minute recess.
Thank you.
22 seconds passed.
Uh I am returning from recess.
I hopefully we'll soon have a quorum, and we are on item C10.
This is an oh, an amendment.
I'm sorry, an ADM 25-36, East Pump Station Road and South Dead Horse Mountain Road.
An ordinance to approve 2025-36, amending the 2040 Master Street plan to remove approximately one mile of planned neighborhood link street between East Pump Station Road and South Dead Horse Mountain Road in Ward 1.
Kit.
Thank you, Mayor.
Be it ordained by the City Council, the City of Fayetteville, Arkansas, Section 1.
That's the city council, the City of Fayeville, Arkansas here by approves administrative item ADM 2025-36.
And amends the 2040 Master Street plan by removing approximately one mile of Plan Neighborhood Link Street between East Pump Station Road and South Dead Horse Mountain Road.
And Ward 1, as shown on the maps, exhibit A and B, both attached to the Planning Department of Janice Memo for property owned by the City of Fayetteville, watershed conservation resource center and the Beaver Water District.
Great.
Okay.
Mr.
Kurth.
Thank you, Mayor.
This item takes us to Southeast Fayville between the transportation and recycling and trash campus and facilities along with the combs and the White River Parks to the west and Dead Horse Mountain Road to the east.
A master street plan connection between Pump Station Road to the west and Dead Horse Mountain Road to the east currently exists on our Master Street plan.
If you're familiar with that plan, you recognize that these dashed lines indicate that those are planned streets.
Those are not existing streets, as is the case with many of those.
But we take development opportunities or larger CIP or bond projects as an opportunity to develop them.
That is not this is not currently one that falls into any of those categories.
I'm sorry, is to uh being brought forward by staff is to remove this from the Master Street plan uh to amend it uh so that it is no longer on that document.
Uh while this connection has existed on the Master Street plan since 2007, uh which was reaffirmed again in 2011, and most recently in 2020, uh several more recent developments have occurred that are prompting staff to bring forward this request to remove this connection at this time.
Uh the most perhaps the most prominent of which uh that I'll touch on first is the master planning that's going on with Combs Park today.
You can see some of those, or one of those documents on the screen right here, over which I have overlaid the Master Street Plan connection, which, as you can tell, would have a significant impact on the future programming for that piece of property.
As of last week, the design work on the Combs Park Master Plan is on hold until this item is resolved because it could have significant impacts on that parks project.
The second item, which was described by Mr.
Williams in the resolution, is that there has been a significant change in property ownership in this area.
The area that you see in light blue here went from private ownership to a three-party ownership between the city of Fayetteville, the Beaver Water District and the Watershed Conservation Resource Center.
Sorry, I always struggle with that.
With the explicit intent to prioritize preserving that property as conservation and perpetuity.
And developing this connection across it would undoubtedly have some sort of impacts, whether it was built as a bridge with peers that would have to enter the property, or if it was that grade and a significant amount of fill would have to be brought in to do the work.
A third item is that there has been additional property ownership changes.
While the city and WCRC and Beaver Water District acquired that light blue property, the racetrack, if you're familiar with it, that is in the southeast corner of what was previously an overall property also changed ownership.
And that portion of the property has a significant amount of topography on it that prevents any feasible alternative routing of this connection further south to connect to Dead Horse Mountain elsewhere.
Fourth, another consideration is that plans have advanced with the regional water trail or Blue Way.
There's multiple different names I've heard for this, which is largely a product of work that being done by WCRC, but also many other regional groups and including the City of Fayetteville to improve the West Fork of the White River along a significant amount of its extent, of which this northern portion is intended to be a primary public access point to it.
And this street connection, this bridge would likely have an impact on the ability to make that uninterrupted connection along the full stretch of the West Fork of the White River.
Some issues that staff has identified on the alternative side of things.
Some of you on the council have been around long enough may recall development requests coming in in southeast parts of Fayetteville where concerns were expressed about the flooding that occurs periodically on the Dead Horse Mountain Bridge as it crosses the West Fork of the White River.
This massive street plan connection was contemplated to help address some of those concerns as an alternative route.
So removing it may have uh may have implications on the potential that developed this area in the future, and I don't want to gloss over that for the council.
That said, you can see on the map here where there are three arrows.
The southernmost one is an existing connection from Southeast Fayetteville to the greater part of Fayville at Black Oak Road.
The second arrow is the Dead Horse Mountain Bridge that I noted a moment ago that tends to flood.
But the third arrow is maybe less well known, and this is a connection that exists today out onto Highway 16 that the city is in discussions with our dot of the potential to signalize it, which could afford an alternative in the future if development opportunities presented themselves in this portion of Fayetteville.
Additionally, there's a trail connection associated with the St.
Paul Trail that crosses over between this proposed or this planned street connection that's there today and Black Oak Road to the South.
And as a part of evaluating this, the potential to remove this master street plan connection, we've been in discussions with the active transportation group and public works departments to evaluate whether that trail crossing could be overbuilt in the future, such that it can bear the weight of smaller emergency vehicles.
So in the event that there is a significant disaster or crisis, that could act as an alternative route for people to leave that area if the other bridges are flooded.
Finally, we have received public comment on this request, several inquiries, but also several people that are opposed to it, as with some of our, I'm sorry, they're opposed to the master street plan being built.
I'm sorry, I worded that uh poorly.
This includes the property owner of that racetrack property, uh, but also some uh homeowners in the immediate vicinity as well, who anticipated seeing the uh WCRC beaver water and city property remaining untouched uh in perpetuity.
Um I'm sorry, I put this slide out of order.
My intent was to here was to show where that trail connection is, uh, the St.
Paul Trail.
It's about equidistant today between the Black Oak uh bridge and the Dead Horse Mountain Bridge, so it could represent a reasonable potential alternative, albeit not a vehicular alternative, but one for uh bikers and pedestrians, and if we are able to overbuild it for uh smaller emergency vehicles in the future.
With all those considerations balanced, uh staff is recommending uh approval of the proposal to remove to amend our master street plan to remove this connection.
Uh the planning commission forwarded it to City Council's transportation committee unanimously.
Uh if you're not familiar with the process for Master Street Plan amendments, uh they are required an ordinance to go through our transportation committee.
Uh when the committee heard that uh recently, they ultimately forwarded it to City Council uh recommending uh it also be approved.
With that, I'm happy to take any questions that the council has.
And as staff as the applicant, I'm also taking questions on that behalf as well.
Great.
Thank you.
Um Councilperson Turk.
Thank you, Mayor.
Uh, and thank you, Jonathan.
I think this is a great idea.
I mean, as as you recall, the intention with that um three-way purchase that we made was really to conserve it, and so removing that is very helpful.
Um, and I just wanted to um ask have you all within planning and parks talked about rezoning some of these RA parcels to CCR now that we have the CC CCR zoning designation, and this would seem to be like a good candidate.
That's a good question.
And there, if you follow the planning commission, you know that a city property was brought forward to be rezoned to CCR in the commerce park recently.
As a part of that, it it elicited uh deeper consideration of the conservation easement component of that zoning district.
If the council doesn't recall, uh the conservation zoning district was ultimately recommended to council uh with an environmental action committee uh recommendation to include a requirement that that district be accompanied by a conservation easement.
Um I think uh my understanding is that needs more evaluation.
There are a lot of considerations when we dedicate easements on top of city properties in particular.
Uh there's also ongoing costs associated with uh conservation easements, typically uh groups like the Northwest Arkansas, Northwest Arkansas Land Trust.
Um they have they have their own expenses that they have to pay for, and they don't typically just accept land and monitor it on their own.
Um so uh the short answer is I I don't believe that there's any current like citywide evaluation of that, but I do know that going into that one specific property in the Commerce Park has prompted more questions about what it can look like moving into the future.
Do we have any public comment on this item?
Do we have anyone registered to speak virtually?
We do not.
Okay, all right.
Councilperson Wheataker.
I agree with Councilmember Kirk's comments entirely and appreciated the the purchase of that land, and so I would move that we would.
Oh hell, is it an ordinance?
I would move to suspend the rules and go to the third reading.
Okay, we have a motion and a second to suspend the rules and go to the third and final reading.
Clerk Paxson, would you please call the roll?
Minister Jones.
Yes, Mr.
Stafford, yes.
Dr.
Jones.
Yes.
Ms.
Moore?
Yes.
Mr.
Weedaker?
Yes.
Mr.
Berna?
Yes.
Bunch?
Yes.
Yes.
In order to approve ADM 2025-36 and amend the 2040 master street plan to remove approximately one mile of planned neighborhood link street between East Pump Station Road and South Dead Horse Mountain Road in Ward 1.
Dr.
Jones?
Oh.
Okay, Claire.
Oh, Minister.
Nope.
Okay.
Claire Paxton, will you please call the roll?
Minister Jones.
Yes.
Mr.
Stafford.
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Burner?
Yes.
Ms.
Bench?
Yes.
Mr.
Yes.
Item C 11, an amendment to 2025-39 on East Martin Luther King Boulevard and South College Avenue.
It's a resolution to approve the dedication of a reduced amount of right-a-way for a small site improvement plan of about point of about 0.6 acres northwest of the intersection of South College Avenue and East Martin Luther King Jr.
Boulevard pursuant to section 166.04 B2 of the Unified Development Code.
And this is a resolution.
And Jonathan, I will hand it straight over to you.
Perfect.
Thank you, Mayor.
As you described, the property is indeed south of downtown at the northwest corner of Martin Luther King Jr.
Boulevard and College Avenue.
In 2025, a development proposal was submitted on the property.
This included a proposal for townhomes, a commercial building, and associated parking.
As a part of this, right-of-way dedication is a standard development requirement where abutting streets do not currently meet our master street plan standards in terms of right-of-way width.
These measurements are taken from the center line of the streets of those abutting streets.
And under this standard on the long MLK, excuse me, to the south, this would trigger a requirement for 33 and a half feet from the center line, dedicating an area approximately what you see in light blue there.
The applicant is proposing to dedicate instead of 33 and a half feet, 27 and a half feet from center line, so roughly six feet less than what our Master Street plan standard uh requires.
Staff is not recommending in favor of this request, uh, finding that there is a need for a turn lane for eastbound traffic uh and the right-aways need to be incorporated uh into the potential to address the misalignment that currently exists today on Martin Luther King.
Uh when city engineering staff evaluated this request, they cited uh studies uh that do indicate that left turn lanes can reduce the uh incident or the frequency of accidents by 10 to 20 percent.
Additionally, uh they can also help alleviate capacity issues where congestion occurs when vehicles making left turning movements uh aren't able to do so uh without impending the flow of traffic.
Uh we have received public comment at this uh with this request uh at the planning commission specifically.
Uh, we have heard from two people that were in favor of the applicant's proposal to dedicate less ride of way as a part of this project.
Uh with our findings in mind, staff is recommending denial of the proposal.
Uh the planning commission, however, uh recommending in favor of it, and that's why it was forwarded to city council.
It was an eight to one vote from our commission.
Uh those who favored the request felt that uh not prioritizing this right-of-way dedication would uh in turn be part like putting more of a focus on non-vehicular traffic in an area that is uh increasingly urban, and that accepting that right away tacitly acknowledged that we're widening a street in an area that uh that may be more appropriately uh use uh for walkable and and non-vehicular uh users.
Uh the dissenting vote felt that the left turn lane was warranted and that that right-of-way uh that staff is uh requesting is necessary to accommodate it into the future.
And I'm available for questions, and Mayor uh Zara Niederman is here as the applicant for the item, and he does have a presentation.
Okay, Mr.
Neederman.
Hello, uh Zara Neederman with 3V Development.
Uh, thank you all for uh spending your evening here and many more hours to come after this.
Uh so I'll try to make it brief.
Um this intersection here uh sits at the heart of uh Walker Park neighborhood.
Um this was part of the Walker Park neighborhood master plan, and this was envisioned as the Jefferson Square in that Walker Park uh neighborhood master plan, a walkable mixed-use neighborhood center.
Our project aims to restore that character with a small-scale commercial space on the corner, uh surrounded by townhomes serving residents on foot and by bike.
And we would like to see more pedestrian bike uh centered activity there rather than uh more than this being a place where cars are just uh funneled through.
Um if you can look up here, you can see there's a current misalignment with the street.
Um if we were to add a turning lane, um, the lane would be pushed to the north, and that the car that is uh right there you can see on the blue would have to go even further over to make that.
So I think that make adding this turning lane would uh would make the alignment even worse.
Um next page.
Um actually next next page here.
Um so I want to acknowledge the engineering department's focus on safety.
I think that's uh something we absolutely share.
Their recommendation calls for preserving right of way for future left turn lane to improve safety and capacity, but engineering references a 2002 uh federal highway administration study on the safety benefits of adding left turn lanes.
That study represents important research, and I appreciate that.
Um respectfully suggest we need to consider some important context.
And first, uh transportation safety science has evolved significantly in the past two decades.
That 2002 study predates Vision Zero uh NACTO design standards and complete street principles frameworks that the city of Fayovo has since adopted.
Uh second, that data references four-lane urban signalized intersections, higher speed arterials with more complex traffic patterns.
MLK at this location is a two-lane neighborhood street.
And the context matters when applying these research findings.
Third, uh, while the study showed crash reductions for vehicle to vehicle collisions, it didn't examine pedestrian and cyclist safety.
And contemporary research shows that wider intersections increase exposure and crossing time for vulnerable road users.
And finally, uh we have local data that's worth considering.
So MLK, actually, if you go back one, um MLK and School Avenue already has turn lanes uh in signals, and it shows a very high concentration of crashes at this intersection, which can you can see the the one on the left, the one on the right is the location that we're looking at.
So it's it's very high.
Obviously, there's a lot more traffic there, um, but it's even with with the turning lanes and the signalized lights, we're still seeing a lot of um accidents there.
Um next one.
Thanks, Jonathan.
So uh more relevant to this discussion.
Uh, in July of 2023, Fayetteville City Council adopted the Northwest Arkansas Vision Zero Safety Action Plan, which sets a clear goal, eliminate all fatal and serious crashes by 2038.
That plan explicitly states that we must move away from the disproportionate focus on moving vehicles more efficiently and towards safe, accessible, and equitable mobility for all roadway users.
Adding a left turn lane here would take us in the opposite direction of that adopted policy.
It would widen the crossing distances for pedestrians and cyclists, it would encourage higher speed vehicle speeds through the intersection and exacerbate the existing lane misalignment that already creates confusion and conflict.
Uh the vision zero plan is clear.
Speed and roadway width are the strongest predictors of crash severity.
Widening MLK here wouldn't make this intersection safer, it would make it faster and therefore more dangerous.
Next one.
Intersections should be as compact as possible to reduce pedestrian exposure and slow traffic near conflict points.
Limit the addition of dedicated turn lanes and reconfigure intersections in time through signal timing rather than widening them in space.
So NACTO is explicit.
If turning movements need to be managed, use signal timing, not adding pavement.
Engineering's memo focuses on vehicle delay and queuing, but it doesn't address pedestrian or bicycle safety or the human experience of crossing this intersection.
So let's talk about who actually needs this uh this let's see, this this uh left turn lane here.
Um I think, Jonathan.
Um primarily the uh well, I guess I don't have it here, but primarily the the people use it that would want to make a left turn here lane here are um the people who live on MLK who would would exit onto MLK and um and and turn left here.
People who are coming from east uh or sorry, from west on MLK, they they if they want to go north, they probably are gonna turn onto Nelson and Hackett.
That's what that was built for originally.
Um and people who are living just north of LK, they can exit out onto uh from South Street uh or 4th Street onto college, and people who are south of MLK can get on 7th Street.
So there's a lot of other access points here to college.
So we're we're really looking at a small number of cars that would be turning from in this section onto uh turning left onto college.
Um so if capacity becomes an issue, the solution isn't a dedicated turn lane, it's signal timing and completing neighborhood street grid, particularly, for example, extending 5th street uh east-west to college.
There's a little section there that is not built out.
Uh improving neighborhood connectivity would disperse traffic naturally without the need to widen this this gateway intersection.
So I want to be clear, I'm not opposed uh to dedicating right away when it serves a genuine public benefit.
Um if you go uh down a couple more.
So maybe uh we own the property across the street um directly.
So on the left is the corner that we're talking about directly across the street.
Um I own the property there.
And it was, I think in 2019, if next next slide, you can see actually see right there.
There's no sidewalk.
Um we donated uh that right-of-way there to the city so that they could build the sidewalk.
Um we weren't building on it, we didn't have to, but it was important.
It was the one only can uh missing connection of sidewalk from Wood Avenue out to uh to school avenue.
Um so it's not that I don't want to uh uh not give up right away.
It's it but I would gladly do uh something similar here if the city develops a comprehensive corridor improvement plan that prior prioritizes pedestrian and cycling mobility along MLK, but pre-dedicating it land now for a speculative turn lane, one that contradicts in my opinion our adopted vision zero policy and serves uh only a handful of vehicles is not the plan I think we should be moving forward.
So um rather than uh next uh rather than adding pavement to this intersection, let's consider uh giving a nice design that uh signals to drivers to slow down and pay attention.
This is my um my assistant here at work who didn't know how to spell College Avenue.
Um that was Chat G uh Chat GPT, but um just give you a little idea of something different that we could do rather than uh doing uh a standard um turn here.
So with that, I hope you uh consider this and um look forward to hearing your discussion.
Thank you.
Thank you.
Do we have questions for either Jonathan or Mr.
Neederman?
I got I have questions for Mr.
Neil.
Mr.
Yeah, uh Minister Jones, go ahead.
Z, I think she um with 3D development.
Can you go back to that slide?
The last one.
So you want a resolution to approve the dedication of the right-of-way the very top across the street at right over uh where Jefferson is.
So I I apologize.
I can't really uh this is this picture is probably I probably maybe shouldn't have put it in it, but I want to just kind of give an example so like this is not really representative of what I want, but just kind of a uh conceptual idea.
Um and so the top left corner is the property that is in reference to the one across the street, you can see the sidewalk there.
That's land that we donated for a sidewalk there.
And you're asking I'm asking that we don't design that we don't that for the development that we're doing, that we don't give up extra right-of-way on the northwest corner for a turning lane.
Thank you.
Thanks for clarifying.
Um Ms.
Moore, Council Person Moore.
Thank you.
Thank you, Mayor.
Um, oh, can I sorry, can you come back up?
I just wanted to understand.
See, just go ahead and stay up here for a moment.
Sorry.
I didn't catch you.
Um I just thank you for the presentation.
That that helped to kind of walk through.
Um, the only thing that I still had a question about was what's the impact to the project if we um don't go ahead and reduce for the right-of-way.
Like, does that have um are you more concerned about just because it is um making it more automobile focused and oriented there and kind of keeping it more pedestrian, or does it also have an impact to your project as well?
No, it's just minor um it's it's very minor uh impact.
Okay, all right.
No, and I I appreciate that's an area I frequent quite often.
And I really looked at it differently through your lens with your presentation because I've been there on foot.
I go there on Automobil a lot, and um I definitely identify and I appreciate um that it's in a very like residential and a place that can be very mixed used over time and be you know, bike and and and foot.
However, it is starting to take on some of the characteristics that we see in other parts of MLK that we maybe have said are not so desirable.
So anyway, I appreciated your presentation.
Mr.
Stafford.
Thank you, Mayor.
Um is it proper me to ask?
I noticed Chris Brown in the room.
Would it be proper me to uh be able to ask him a question?
He's certainly welcome to come up.
Yes.
Hi.
Sorry, Chris.
Um I I I kind of I guess I'm looking for your take on this.
I know that we're looking at doing improvements, CMLK, safe streets improvements.
And uh from the transportation perspective, and uh I'm I'm wondering uh just if you could just give us a brief overview of your uh take on this intersection.
Sure.
Well, uh from a general perspective, um we acquire a lot of right-of-way as part of our projects.
Uh we spend hundreds of thousands of dollars on right-of-way acquisition, uh, so that right-of-way is valuable, and that is something that we we have to purchase many times when we do road improvements.
Um, speaking more specifically about the MLK and Huntsville corridor, that is one of the projects that uh we're looking at as a as a potential priority for the bond program.
Uh we don't know what all needs to be done, but we know that that corridor has a lot of deficiencies.
Uh it does have a lot of congestion.
Uh, we're missing sidewalk segments, uh, there's some storm drainage and flooding issues along the corridor.
So uh a lot of a lot of things need to be done.
Um so uh this opportunity to have this right-of-way acquired gives us the flexibility uh to to look at more things on that corridor.
Um this also is a transit route, so uh opportunities for roadside improvements and things like that on that on that route are uh are important as well.
So uh really there for for those reasons um the opportunity to uh have this right-of-way dedicated for future use is uh what we what we deem to be important.
So you'd like us to keep the right-of-way.
That's my recommendation, yes.
Okay, thank you.
Okay.
Um do we have any public comment on this item.
Hello, Sharon Killian.
Um property at Rock Street and uh in Faithville, uh, and home at 15847 around Mountain Road, Fayetteville.
Um I I think it's it's wonderful to see all of the the potential um change happening.
I know that we have uh 2040 plan that we worked on in 2019, and since then so much has happened.
And I believe that if we haven't already done it, we are actually uh thinking about re revising.
We always revise the plans that we built.
So I would be interested in uh actually looking to see what uh what changes are proposed, as was just mentioned.
Uh we're going to be thinking about getting more right of ways because we're working on um seven uh was it uh seventeen or sixteen with sixteen and also MLK and how uh uh we're going to change that to uh uh create the kind of communities we want to live in.
The connectivity between communities and uh getting from one place to the other, and also uh for health and wellness's sake, be able to walk and ride and go to neighborhood stores and so on.
And I I just want to um one of my concerns is that um, you know, of course, if you are able to develop right away, yeah, you can buy and build that we can get, we can all get uh uh you know right-of-ways uh abated or um you know changes.
Uh and then in essence, then the community is built before you know many things are built before we had a chance to think about how the relationships between all of the communities surrounding a particular area would work.
And uh so that's essentially my question.
Now we you know, do we need to think about um what's going to happen at that particular corner?
Uh what's happening across the street at uh um the uh the properties that would that that's a 612 um North College, and just uh look at it from a more holistic approach as opposed to one-off things happening.
Is it a neighborhood that is uh for only living, or is it going to be a neighborhood with stores and and and um you know galleries and so on, all of the things that need to be thought about uh as a community, I think.
In any event, it's more comment than a question, I suppose.
Thank you.
Yes.
Thank you.
Do we have other members of the public that would like to speak on this item?
Okay, I'm gonna bring it back to the council.
You don't have your light on.
Is there someone on Zoom?
No.
Oh, okay.
Well then yes, okay.
So I'm gonna bring it back to the council.
Um Councilperson Stafford.
Thank you, Mayor.
Um, this is a really messed up intersection.
Uh we use it almost every day.
Uh I live off Fencil Road, so this is when we're going west, we're we're there.
And um, I don't know what the solution is.
Um I agree with uh Mr.
Dieterman.
Uh having a having a left turn lane uh going north on college doesn't really make much sense there.
I do see people take that left, but and I was uh I always think to myself, why are you taking a left there?
Because you you just take Nelson Hackett up and if you need to get over quicker, you there's lots of routes where you can get off Nelson Hackett and go east.
Uh I I have no idea why people take that left turn, but I don't think uh uh a left turn lane is the answer there.
I I think for obvious reasons when you go to that intersection it the misalignment would just be exaggerated uh greatly.
Now that said, maybe there's other ways that that having that right away can help with a solution to make that a better intersection.
I don't know what that looks like.
I mean, if you go down there and try to figure out in your head like how to how to fix that, uh good luck.
You know, um but I would be hesitant to just give up the right-of-way as a tool to kill uh uh a left turn lane.
Um I don't think the left turn lane should go there, but again, maybe it's the wrong tool to take that right away away to uh achieve that uh or to to keep that from happening.
Um I'm I don't know where I am on this.
I'm very uh again, it's a very confusing intersection.
I I recommend if people aren't familiar with it, uh go down there and check it out.
Uh a scary story, my wife told me.
My wife was getting a ride home from my 90-year-old mother, she wasn't quite 90 at the time, but it was in the evening, it was dark, and they were heading eastbound, and my mom went through that intersection and she just drove straight on, just driving down the road.
My wife was rightfully horrified.
I was horrified when I heard the story.
My mom was just like, oopsie, you know, like luckily, you know, was able to make the correction without getting in ahead on collision, but it it's it's a truly messed up intersection that that we have to find a solution for.
But I I don't know if just giving up that right of way is the right way to to go about coming about the right solution.
Okay.
Can I ask Jonathan a clarifying question?
So Mr.
Nieterman is willing, it is is amenable to giving up some right-of-way, correct?
Just not the entirety that we typically ask for.
That's correct.
The standard is 33 and a half feet, and the applicant's proposing 27 and a half feet.
Got it.
Okay.
Okay, Mr.
Burno.
So clarification uh resolution to approve the dedication.
Is that uh for what staff recommendation is?
As the resolution, the resolution is written as the planning commission for it, which is for the 27 and a half feet that the applicant is proposing, not the 33 and a half feet that the staff and code requires.
Um I agree with Bob.
This that intersection every time I drive it.
I'm going, who in the world designed this every time?
Uh but uh uh what's the redevelopment down there is has been very, very nice.
I mean, I I've been amazed every time I drive down there how how nice it is, and if the developers have any part of that, I applaud you because that that is very nice what's going down there.
But I push back a little bit on the characterization that there's not gonna be a uh that there's only a handful of cars or handful of traffic go there because there's there's backed up traffic every time I go through that area.
So I I get what he's saying, but I I tend to lean a little bit towards uh staff recommendation on this because I do think that area that that intersection is gonna need some improvement, and we're probably gonna need as much space as we can get to to fix it because it is such a mess.
So I'm I'm leaning towards uh staff recommendation on this.
Okay.
Um I'm so sorry, and we already did public comment.
We brought it back.
It is a resolution, so I will be taking a motion to bring it forward.
Um Minister Jones.
Yeah, I just have one question for Chris.
I think when I took my notes, I think you said that there will be future changes for MLK.
Um changes for development are proposed for future.
What is future look like?
That's a that's huge to me.
Yeah, so the the MLK and Huntsville corridor is one that we've identified as a as a potential bond priority.
So if the bond uh vote passes in the in March, uh then this would be a project uh that we'd move forward with uh first a study uh to determine what the uh what the needs are and what the design should look like and then ultimately design and construction um uh just it in terms of uh well there'll be a lot of steps along the way as far as approvals of of all of those uh potential improvements, um but that would be the the process.
And I ask that because I know trust transportation already has projects planned out, but what I hear you say is bond projects will take a little bit more priority.
Is that correct?
Well, uh we we we're doing everything at once.
We've got in-house projects, we've got uh projects under the current bond program, future bond programs, all of those projects are are happening at the same time.
You still left me hanging on what the future looks like, Chris.
Yeah, we we we don't know what the what the actual design, what the what the uh the corridor will look like 100%.
Uh like I said, we know what the what the problems are, we don't know what the full solutions are as of yet.
And I I only ask because in the meantime, if we do this, because I I'm very opposed to doing something and tearing it up and doing something else.
If you were telling me the future is five years from now, then I have some recommendations that maybe we do something until five years gets here.
But if you're telling me that the future is in the next couple of years, then I wouldn't even want this developer to spend that type of time and money on something that you would possibly come in and tear it up.
Right, yeah.
So that just in terms of and and again it depends on um what the ultimate final priorities are in the overall bond program.
But assuming this is a one of the highest priorities, um, it would be you know, next year uh completing designs and then construction uh maybe 18 months after that.
So uh we're we're talking about a two to three year time frame.
Thank you.
Council person turkey um Chris, could you stay up there?
Just a really quick question.
So kind of piggybacking on what um council member Jones had to ask.
So let's just say that the council approves the um the recommendation from the from uh Jonathan and development services from the city.
Are you immediately gonna go in there and install a left-hand turn lane, or this is just gonna be right away that's acquired that gives you more opportunity when you're going through a larger redevelopment of these of this corridor?
That's correct.
It it if the uh the reduction of this right-of-way is a is approved by council, it just reduces our options and may cause us to have to acquire right-of-way on the other side of the road or something like that.
Um but yes, there's no decision made as to what that intersection design might look like right now.
Thank you.
Okay, I'm not hearing a motion.
Does that mean we're we gotta do something?
Is there a danger on leaving it?
And you can't.
It's a resolution.
It's a resolution.
Do we have to vote on a resolution or can it be left?
You either have to vote or table.
Um I want to wrap my head around this more personally, and and I would make a motion to table for two weeks.
Okay, we have a motion to table for two weeks.
Do we have a second?
Okay, second.
We have a motion and a second to table for two weeks.
Clerk Paxton, will you please call the roll?
Minister Jones.
Um Mr.
Stafford, yes.
Dr.
Jones?
Yes, Ms.
Moore.
No.
Mr.
Wheedaker.
No.
Mr.
Burno?
No.
Ms.
Budge?
No.
Ms.
Turk.
No.
Okay.
What would we so then motion to table failed?
So that means one of you voted no needs a motion to approve.
I'll make a motion that the resolution as a resolution is presented.
Second.
Take it.
Hold on.
Council person.
So that's the one from planning, which does not I wanted to clarify which one it is.
Yes.
So can you clarify then, Kit, what a yes vote means and what a no vote means?
It's all in the title.
I know, but some we're we're asking, so please have to us to approve a dedication of a reduced amount.
So yes.
If you want to approve what the planning commission did, then you would vote yes.
If you want to keep the Master Street plan right of way, you vote no.
Okay.
So we have a motion to approve.
Do we have a second?
Did we get one?
Second.
Okay, great.
Clerk Paxton, will you please call the roll?
Minister Jones.
Yes.
Mr.
Stafford.
Yes.
Dr.
Jones.
So if I vote yes, can you explain that again?
Because I'm a little confused.
If you vote yes, then you will be agreeing with the planning commission, which allowed them to reduce the amount of master street plan by six feet more than what uh uh the match street plan says.
If you vote no, then you're you're voting with the staff who wants to have the full master street plan right away dedicated.
Yes.
Ms.
Moore, she's got a couple of things.
She's got it waiting until she's been called.
Calm down, everybody.
Go ahead, Clerk Patrick.
I need a minute.
I know you're fine.
I was not rushing you.
Please go ahead.
I was waving.
Ms.
Moore.
Yes.
Uh Mr.
Wheedeker.
No.
Mr.
Burnet.
No.
Ms.
Budge.
No.
Ms.
Turk.
No.
Okay, the resolution failed.
Wasn't that a tie?
Was that not a tie?
Was that we got four yeses?
Oh, well, it hadn't failed yet.
Madam Mayor, would you care to vote?
And I would be voting voting would mean I would be voting to pass the resolution.
Is that correct?
Okay.
I would like to vote and I would like to vote yes to pass the resolution to accept the reduced amount of right of way.
All right.
Well, the resolution passed.
Okay.
Um moving on to C 12, West Elm Street and North Leverett Avenue.
An ordinance to approve vacation 25-22 for property located at West Elm Street and North Leverett Avenue in Ward 2 to vacate 0.15 acres of right-of-way kit.
Thank you, Mayor.
Whereas the City Council has authority under ACA 1454-104 to vacate public grounds or portions thereof which are not required for corporate purposes.
And whereas the city council has determined the following described portion of right-of-way is not required for corporate purposes.
Now therefore be it ordained by the city council and the city of Fayetteville, Arkansas Section One.
At the City Council of the City of Favel, Arkansas hereby vacates a portion of right-of-way easement as described in exhibit B attached to the Planning Department's memo.
Section two, a copy of this ordinance duly certified by the city clerk along with the map attached as exhibit A to the planning department's memo shall be filed in the office of Washington County Circuit Clerk.
And section three, this vacation approval is subject to the following conditions.
Number one, any damage or relocation of existing facilities will be at the property owner developer's expense.
Number two, right-of-way vacation is conditioned upon the approval of an associated large scale development for multifamily development that occupies parcel 765-05140-000.
And uh section three, right-of-way in the required width for a residential leak street as shown in the applicant's attached exhibits shall be dedicated in association with that large scale development prior to obtaining any building permits.
And number four, all SWEPCO ATT Black Hills Energy and Water and Sewer Facilities local located within the right-of-way must be relocated at the owner developer's expense as required by those entities and easement shall be dedicated as necessary.
Okay, thank you.
Um Jonathan.
Thank you, Mayor.
Uh this request takes us due north of the University of Arkansas campus.
Uh if you leave the campus and uh head up Leverett Avenue until it dead ends at the University of Arkansas's agricultural farms, uh the property in question is on the west side of the street.
Uh the request before council today is to vacate uh roughly 0.15 acres of unbuilt uh existing public right-of-way uh that partially bisects the property.
Uh today there is a full right-of-way that extends from Leverett all the way to Elm, uh, which would ultimately create a connected street between Leverett and Elm.
Uh staff is in favor of the request.
However, in an effort to not make this a through street where there's a lot of cut through traffic moving very quickly, the applicant is intending to vacate this portion of right-of-way, which you can see here in red, maintain the blue portion and then dedicate the yellow portion to create a jog in the street such that traffic will not pick up speed, if you will.
What I did just hand out to you is the only item that I wanted to touch on for a moment, and that is uh a request from staff to amend the third condition.
Uh as we've been working through the development review process, uh there's a proposal from the applicant to uh develop this jog in the street as a piazza is the word that they're using.
Um so it's something more of a pedestrian plaza, but as a component of that, they are tentatively considering using atypical street material, so not asphalt, not concrete, not the typical materials that the city maintains.
Um so in an effort to honor the desire to do that.
Uh we wanted to add this clause to the end of condition three that would allow that to be dedicated as public access easement instead of public right-of-way, and that would allow the public to continue using it, but it would also not require the city to maintain uh what would be an atypical street material that we may not have the resources or abilities to maintain moving forward.
That would also afford the developer to potentially not allow franchise utilities to use that portion because when franchise utilities come into our right of way, they're only required to replace uh the right-of-way to our minimum standards.
So uh we've seen instances where uh franchise utilities go into properties where there's an easement and they tear up uh like previous pavers, for example, and they're not required to replace them because that does not meet a typical standard.
So as part of this request that we are recommending in favor of, I do ask that if the council will entertain it uh starting off the discussion by amending condition three to add this clause that allows staff to that we may accept access easement instead of public right of way.
Our overall goal is still to have a public street through this area.
But if the applicant is interested in pursuing that alternative material, uh we want to have that flexibility to not burden the city with that.
Uh when the planning commission considered this request, uh they were in favor of it and forwarded to city council by a vote of seven uh to zero to two with two of the council, one council member, or I'm sorry, one commissioner was absent and one was uh recusing, and then the other conditions that Mr.
Williams read.
And I'm happy to take any questions, and I believe Caroline Gardner is available online, but I am not aware of any uh presentation that she has mayor.
Okay, do we um would anybody on the council like to make the motion um per staff recommendation?
Um well I'm gonna I want to I want to call first on Teresa because I uh Councilperson Tarkis, I saw your light on.
So thank you.
Um Jonathan, I just want to uh you I mean this sounds like a great idea, but then I also heard that you said it might um be a problem for uh other utilities.
Could you explain um that and what the implications are if that's a concern of staff or of anybody?
It it's not.
This is all the entire project is the entire, I'm sorry, right-of-way vacation is contingent on the project being approved, and our franchise utilities do have a role in approving and reviewing projects with the city of Fayetteville.
So if the applicant wants to use atypical materials for this piazza, and the city prefers that it be in an access easement as opposed to ride-away, they still need to accommodate franchise utilities, whether it's in that same area or perhaps circumventing it.
Uh and and Mayor, I do see that Caroline Gardner has raised her hand.
She's online.
I don't know if she has additional comments she would like to add.
Okay.
I'd like to hear from the applicant that if that's okay, Miss Gardner.
Hi, yes, can you all hear me okay?
Yes, we can.
Please.
Okay, perfect.
Sorry, I don't normally do it on Zoom.
No, uh, Jonathan, thank you so much for giving that uh report and presentation.
Um gave it more than I ever better than I ever could.
Um but yeah, I mean, really, the intent to jog Elm Street was a traffic comping calming mechanism.
Um, you know, it the owner would work it out with franchise utilities, um, just on that maintenance and stuff.
I mean, I kind of consider it when this the city comes through and tears up grass and they put seeding seed along where they've um disturbed the dirt.
Um, and the owner would come back and put like salt on top of it.
Um so just something that we would work out with the franchise utilities as well.
Um but yeah, the more the intent is just a jog.
Um street for traffic calm calming mechanisms, making everyone stop before they enter the piazza and stuff.
Um anyways, I'm here to answer any questions that council may have.
Great, thank you.
Um council person, did that answer your question?
Okay, um Minister Jones.
Thank you, Mayor.
Um I'm I'm a little confused because it says traffic calming, but it has the same width of that alley, so could they end up possibly driving through it even though it's not for traffic and as a pass through?
It it is intended for vehicle traffic, and I'm sorry if I didn't explain it.
Well, the intent in adding that jog to it is to slow traffic down just they inherently will have to slow it to to navigate those corners as opposed to having a straight street connecting from Greg to Leverett.
And I guess my question would be um for pedestrians.
Would they see that as an opportunity to cut through as well?
And then how do you create a safe communication that cars could possibly drive through year two?
Uh that's a great question.
That's uh a lot of what we're in the discussion with the development team about right now.
I mean, there are a number of different tools that that we've used locally and that we've seen you successfully nationally and internationally.
One is using just different street materials, whether it's simulated cobblestones or bricks or something to that effect, uh installing bollards, installing landscaping that makes car drivers more uncomfortable, bringing trees in close as well, um uh using different colored, like you could die if you're using concrete, you could dye it with different colors to signal that somebody's approaching a a unique space.
Um, but additionally, elm that connection is going to be required to have sidewalks as well along it.
So the whole length of it will have sidewalks, and so I intended that this portion in particular would have the ability for pedestrians to cross it.
Okay.
Thank you.
Okay.
Um council person more.
Thank you, Mayor.
Um, I just didn't know if this kind of like the jog has been used in other places around town.
I was trying to think in my brain, like as a traffic calming where we've actually kind of deviated the road.
Like everything we've looked at for the most part, just has you know straight sections.
So I'm just trying to think of where this has been demonstrated in the past to jog like that, or maybe it's unique.
I don't I don't know I I can't think of an immediate example.
Um I think the most the one that most people might be able to relate to is the roundabouts on RuPal.
It may not be immediately apparent, but as you approach those, there's actually an S curve as you approach them, and that is very deliberate to not only orient drivers so that they can visibly see what's happening in the roundup, but it also forces them to slow down as they're entering the roundabout.
Just generally changing road geometries like that can force vehicles to slow down.
Okay, yeah.
No, I just wondered if it was something kind of newer that we're doing by kind of creating that curvature.
So this is not a requirement of our minimum street standards.
Um this is something that the applicant wanted to explore, and we felt it was an appropriate uh uh context for it.
Okay, thank you.
Um Mr.
Wiedaker and then or actually Keith, if you have a comment, I would go and then and then Mr.
Weedaker.
Yeah, I just want to thank Jonathan and his team.
I think this is kind of a unique situation, and I think they thought outside the box on this one.
And we had you know an applicant that came and did something that's non-traditional and that they're thinking outside the box to try to make this happen, have kind of a unique situation in Fayetteville.
And Jonathan said, there are definitely a lot of challenges with this, but there's him and his team are working through those where we could have something that we could be proud of and working with somebody that wants to do a cool project.
So instead of us just saying, Hey, you need to check this box, this box, this box, they're working with them to try to make this happen.
So I just want to applaud him and his team.
Thank you.
And thank you, Jonathan.
Mr.
Wheedaker.
Thank you, Mayor.
And Jonathan, I just want to confirm that the new right-of-way dedication is obtained when the large-scale development is approved.
That's correct.
This vacations approval is conditioned on us getting the new right-of-way.
Thank you.
Okay.
Um I might ask if we have a motion to amend as presented by staff.
Okay.
I think we have a motion and a second.
Okay.
Well, let's do it again because I think we stopped and called on.
Okay.
I motion we accept the uh amended version is brought by staff.
Second.
Second.
Okay, we have a motion and a second.
Clerk Paxson, will you please call the roll on the amendment?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones.
Yes.
Ms.
Moore.
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Burna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay.
I'd like to take it to public comment.
Or Bob, do you have I'm sorry, do you have further questions for okay?
I'd like to take it to public comment.
Do we have any members of the public that would like to talk on this, speak on this item?
Okay.
Um perfect.
Okay, yes.
Keith, go ahead.
Nobody on Zoom.
Well, that's your light on.
Okay, I'm gonna bring it back to the council.
Councilperson Moore.
Thank you.
I'd like to uh motion to suspend the roles and go to the third reading, please.
Okay, we have a motion and a second.
Clerk Paxson, will you please call the role on suspending to the third and final reading?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Weaker?
Yes.
Mr.
Burna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
In order to approve VIC 25-22 for property located at West Elm Street and North Leverett Avenue in Ward 2 to vacate 0.15 acres of right-of-way.
Okay.
Councilperson Moore.
I just wanted to echo the thanks that was mentioned by Chief of Staff Massedo that I do appreciate this was an out-of-the-box like solution.
And you know, this has been a straight that's been in conversation quite a bit with many of us lately, and knowing that that there was going to be a connection at some point.
And so I really appreciate the forethought too of trying to think about the kind of traffic this might take on as well to create safety.
So anyway, thank you.
Okay.
Thank you.
Clerk Paxton, will you please call the roll?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wiedaker?
Yes.
Mr.
Burnett?
Yes.
Ms.
Budge?
Yes.
Ms.
Turk.
Yes.
Okay.
Thank you.
That brings us to item C13 on West Cleveland Street.
An ordinance to rezone the property described in RZN 2025-41 for approximately 2.18 acres, located at 1124 West Cleveland Street in Ward 4, from RSF 4 residential single family for units per acre and P1 institutional to P1 institutional.
Kit.
Thank you, Mayor.
Be it ordained by the City Council of the City of Faithville, Arkansas Section 1.
At the City Council, the City of Fayetteville, Arkansas here by changes to zone classification of property shown on the map, Exhibit A.
And the legal description of exhibit B, both attached to the planning department's agenda memo from RSF4 residential single family four units per acre and P1 institutional to P1 institutional.
In section two, that the City Council, the City of Favorite, Arkansas here by amends the official zoning map of the city of Fayetteville to reflect a zoning change provided in section one.
Thank you, Mayor.
This property is northwest of the University of Arkansas campus.
It's the location of Leverett Elementary School on the north side of Cleveland Street between Garland Avenue to the east and Hall Avenue to the west.
This is RSF4 is not a zoning district in which schools are allowed by right.
It's a conditional use.
Similarly, this property at least is contemplated in our long-range plans as institutional use.
Both require the 25% standard.
And as I uh alluded to briefly, uh, this property has been used for decades for the Leverage School.
Uh it began there in the 1950s.
These additional properties were acquired about uh between 30, excuse me, 20 and 30 years ago, and have been in use with the school since then.
Uh accordingly, we're recommending in favor of the request.
The planning commission forwarded it to city council unanimously, uh, acknowledging that this is uh appropriate to uh rezone to address the nonconformance, and I'm happy to take any questions.
And mayor, I believe Molly Pace is online as the applicant for the item.
Great.
Does anybody have any questions for Ms.
Pace or Mr.
Kurth?
Councilperson Turk.
Thank you, Mayor.
Um, just one small little thing.
Um, I think the school's been there longer since the 1950s.
I think it goes back to the 20s.
But my my real question is um, it looks like the area to be rezoned is larger than just the RSF four area, so I was just um confused about why the area is larger, I guess.
That's a good question.
I appreciate the gentle correction on the age of the building.
Uh one of the baseline requirements for a rezoning is to have an accurate survey.
Uh and we do not always require people to use the exact survey of the exact property they want to rezone.
In this case, the school district has a survey of this portion of the property.
It happens to be larger than what they want to rezone.
Uh otherwise uh in our current development climate, it is there are many months of delays between being able to hire surveyors and several thousand dollar expense.
Uh so if it if we are able to save that for an applicant, we we'd like to do so.
Thank you for explaining that.
Just was confusing to me.
Thank you.
Okay, uh Minister Jones.
A motion that's it there in final reading on that.
Okay, um, I think we need to do public comment first, and then that motion can stand.
Um do we have any public comment on this item?
Anyone that called in.
Okay, so I'm gonna go ahead and let that motion second.
We have a motion and a second.
Uh Clerk Paxson, we the second was Mr.
Burnout.
Okay.
Uh will you please call the roll?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Is more?
Yes.
Mr.
Wiedaker?
Yes.
Mr.
Bernard?
Yes.
Bunch?
Yes.
Ms.
Turk.
Yes.
And in order to rezone the property described and rezoning quotation RZN 2025-41 for approximately 2.1 acres located at 1124 West Cleveland Street and Ward 4.
From RSF4 residential single family, four units per acre and P1 institutional to P1 institutional.
Okay.
Uh Minister Jones.
Yep.
Oh, okay.
All right.
Clerk Paxton, will you please call the roll?
Minister Jones.
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore.
Yes.
Mr.
Wiedaker?
Yes.
Mr.
Burner?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay.
Thank you.
Moving right along to C 14, an ordinance to rezone the property described in RZN 2025-45 for approximately 0.70 acres, 0.7 acres located at 234 South Willow Avenue and Ward 1 from RSF 8, residential single family, 8 units per acre, to RIU, residential intermediate urban.
Jonathan, I'm sorry, Kit.
Thank you, Mayor.
Ordained by the City Council of the City of Faithville, Arkansas, Section 1.
That's the City Council of City of Fayville, Arkansas, hereby changes the zone classification of the properties on the map, is given A, and a legal description exhibit B.
Volks attached to the planning department's agenda memo from RSF 8, single family eight units per acre to RIU residential intermediate urban.
And section two, that's the city council, the city of Fayetteville, Arkansas here by amends the official zoning map of the City of Fayville to reflect the zoning change provided in section one.
Mr.
Kurth.
Thank you, Mayor.
This property is in south or it is southeast of downtown, about 2,000 feet south and east of where we're sitting tonight at the northeast corner of Willow and Walker.
It includes about 0.7 acres.
Excuse me, the property that is completely within the Hillside Hilltop Overlay District and developed with a single family home.
The request before council is to rezone it from its current RSF-8, residential single family eight units per acre designation to RIU residential intermediate urban.
In evaluating this request from a land use compatibility standpoint, planning staff to find it to be so.
This area includes a wide variety of uh not only residential housing types but different sizes of residential housing types, uh ranging from smaller houses up through larger homes all the way through multifamily housing as well as several non-residential uses in the area, uh particularly uh further to the north.
In terms of long-range planning stand uh excuse me, long-range planning uh considerations.
Uh planning staff also found this to this request to be uh uh consistent with those documents.
Uh there are a number of infill attributes to this area that um uh in our estimation make it appropriate to allow additional development on the property.
Uh the RSF4 RSF eight, excuse me, zoning district allows only single family dwellings where RIU allows up to four family uh uh units attached.
Uh similarly, we feel that it the request complements our residential neighborhood area designation and the future land use map, which supports uh variety of residential housing types depending on the context.
One is tree preservation will decline as a part of this request.
And I'm sorry, I believe that oh yeah, 25% because of the hillside, yes.
And that would reduce to I believe it's 20%, excuse me, under RIU.
I apologize for that error.
Additionally, this area has a somewhat unique uh zoning history, uh which may be apparent from the zoning map.
If you saw it earlier, there's a wide variety of RMF uh zoning districts, the orange on the map and RSF 8 zoning districts.
Uh this is a product of a 2006 uh self-initiated petition by several property owners in this area who had concerns about some of the legacy zoning decisions that the city of Fable had made in that direction from downtown where the entire hillside was rezoned uh for multifamily development uh with some express intent to see the area be redeveloped as a part of that.
So in 2006, several property owners approached the city and actually led to the creation of the RSF-8 zoning district, uh, which is where that came from on this piece of property.
Since that time, we have seen a few of those property owners revisit that and and request their properties to be rezoned, uh at least in one other case, uh successfully to RIU, uh albeit further to the southeast uh along Huntsville Road.
Uh relatedly, uh our preservation planners uh have made some comments on this item as well.
Uh they thought they wanted to acknowledge that this is within the uh the black excuse me, the historic black community.
The historic black community that was recognizing the city's historic context statement recently.
Uh and while they felt that the RU zoning district is historically appropriate in terms of the historic pattern in the area, uh they did want to acknowledge that we do not have a uh the protection ordinance of the city against demolishing historic structures.
So uh there's nothing to necessarily prevent this the house that's on the property from being removed.
Um but they did uh uh include comment hoping that the applicant, if they do if this is approved and the house is demolished, that they'll have the opportunity to go and document it for uh future uh um preservation records.
Um otherwise, uh we did identify with our utility department that there is a sewer capacity issue in the area, uh similar to what you've heard me say on other projects.
Given the size of the property, there's not an overriding concern that this will exacerbate it to a significant degree.
Uh and lastly, uh we have received some public comment in opposition to this request.
Uh there are concerns not only about the historic preservation items that I touched on a moment ago, but uh the general inadequacy of infrastructure in this area and concerns about drainage coming off of the hillside at this location.
Uh with all these factors in mind, uh staff is ultimately recommending in favor of the request.
Uh the planning commission forwarded to city council by unanimous nine to zero vote, uh, finding it generally suitable for additional development given its location uh and proximity to downtown and uh all the infill attributes associated with it.
I'm happy to take any questions.
And mayor, I believe uh I'm sorry, lost my notes here.
I believe Julian Schuster is the applicant on this item.
Okay.
Okay.
Does anybody have uh the council have any questions for Jonathan or for Miss Schuster?
Minister Jones.
Yes, thank you.
Jonathan, I'm I'm just a little confused.
I think can you go back?
I think it was an infill score of eight um access to fire uh water sewer main, but then you said the issues were sewer capacity.
Is that because of run-off runoff?
I'm just trying to figure out.
The there's a few questions there, if I may try to break it down a little bit.
Uh our infill attribute identifies if the presence of water and sewer mains are near the property.
Uh it's not a evaluation, it it we independently evaluate whether those sewer and water mains have capacity, which is that second comment I made.
Uh we have a 2021 water and sewer or sewer study that was performed by our utility department.
And as a part of that, when we evaluate rezoning requests, uh, we use the wet weather model portion of that, which is what is our sewer system look like when it's raining, which depending on your philosophy or perspective, that's kind of a worst case scenario, but that's also when we have overflows, which are a environmental consideration.
Um I do not have information as to whether that sewer capacity issue is directly tied to the stormwater uh the stormwater concerns that were expressed by one of the neighbors, though.
I I'm not able to answer that part.
I'm sorry.
Thank you.
Um Council Person Church.
Thank you, Mayor.
Um Jonathan, I kind of look through the Planning Commission report and I I did not see a topo map in there.
Do you have any general idea?
I know it's in the hillside hilltop overlay, but uh I didn't get a chance to go down there and take a look at it, and I um certainly didn't remember to ask you at agenda session for that information.
I don't have that immediately in front of me, but if you can allow me a moment, I can thank you.
Certainly, thank you for the question.
Do you want to is it okay to take other questions if I look for that, Jonathan?
Or are you close to seeing it?
I'm close.
It's a roughly it's a roughly 15 to 18% slope.
Okay.
I'm not seeing other questions, so I'm gonna open it up to um public comment.
Do we have any members of the public that would like to come speak on this item?
If so, please state.
Um, but they're available then for the phone.
Yes.
Um did the applicant have a presentation, Jonathan.
Did I miss that?
I did not receive a formal one.
I don't know if they had any comments they wanted to add or not, though.
I'm not seeing them online.
Okay.
All right.
Um, so Oh, I'm sorry, Mayor.
It looks like Jake Chavis has raised his hand.
Maybe he is representing the project.
Okay.
Got it.
It's okay.
Uh Mr.
Tavis, if you're representing the pro are you representing the project as the applicant?
Uh yeah, this is Jake Javis with Odyssey Engineering, and I will uh also be the landowner and developer as well.
I'm not here for any questions if you have any.
Okay, got it.
Okay, thank you.
Um, okay, back to public comments.
Um please go ahead if we have public comment in the room.
Okay.
I'm not seeing any public comment.
Do we have any public comment on Zoom?
Okay.
Then I'm going to bring it back to the council.
Councilperson Moore.
Thank you, Mayor.
Um, I move that we suspend the roles and go to the third reading.
Second.
Okay.
Clerk Paxton, will you please call the role to suspend the rules and go to the third and final reading?
Minister Jones.
Yes.
Mr.
Stafford, yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Weaker?
Yes.
Mr.
Barna?
Yes.
Ms.
Bench?
Yes.
Ms.
Church.
Yes.
And you're on to rezone the property described and read zoning petition RCN 2025-45.
Approximately seven tenths of an acre located at 234 South Willow Avenue in Ward 1.
From RCF 8th residential single family, eight units per acre to RIU residential intermediate urban.
Okay, Minister Jones.
Oh, okay.
Then uh Clerk Paxton, will you please call the roll for the final vote?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
No.
Okay.
Moving on to item C15 on North Penelope Lane, an ordinance to rezone the property described in RZN 2025-46 for approximately 2.58 acres, located at 2097 North Penelope Lane in Ward 4, from RA, residential agricultural, and RFM 24, residential multifamily, 24 units per acre, rezoning to RIU intermediate urban kit.
Thank you, Mayor.
Be it ordained by the City Council or the City of Fayetteville, Arkansas, Section 1, that the City Council, the City of Fayetteville, Arkansas hereby changes the zone classification of the properties on the map, Exhibit A.
And the legal description, exhibit B, both attached to the planning department's agenda memo from RA residential agricultural and RMF 24 residential multifamily 24 units per acre to RIU residential intermediate urban.
Section 2 that the City Council of the City of Fayville, Arksaw here by amends official zoning map of the City of Fayetteville to reflect the zoning change provided in section one.
Jonathan.
Thank you, Mayor.
This request takes us to Northwest Fayetteville.
If the council recall the item uh most recently considered at Mount Comfort and Goose Berry, this is due southeast of that.
It's between the Westview subdivision to the north and the uh Pine Valley subdivision to the south, and is located along uh what some know as the North Fork of the Ham Stream Creek, which you can see on screen here.
Uh that's the floodplain and the floodway associated with that uh property uh today.
Uh the site is currently split zoned between RMF 24 residential multifamily 24 units per acre and RA, residential agricultural.
Uh what the applicant is proposing to do is to down zone portions of the floodway, which is that long narrow portion of the property uh that you see running from east to west, which represents the floodway associated with that creek, down zone that to RA residential agricultural, and then up zone the uh the more squared off piece of property you see there from RA to residential intermediate urban.
Uh so ultimately what that looks like is a net decrease in the area that's RA from 3.2 acres to 1.5.
Uh also eliminating uh almost one acre of residential multifamily zoning as well, and then adding a uh roughly two and a half acre area of property to be rezoned as RIU residential intermediate urban.
Uh from strictly land use compatibility standpoint, uh staff does find this uh to largely be so.
Uh there is a fair uh bit of diversity of residential housing in this area, uh while it is preponderantly single family to the north.
Uh there is a tax residential in the west, excuse me, the the uh pine valley subdivision immediately to the south of the property.
And with RAU allowing single, two, three, and four family, uh, we find that that is a uh a use that uh can uh can be compatible in that area.
Uh conversely, however, uh in terms of our long-range plan, the staff does not find this to be a consistent request.
Uh a significant portion of this property is designated in our future land use map as natural area, uh, which uh it largely reflects that portion of property that is currently within floodplain and flood way today.
Uh our future land use map uh envisions those areas being uh largely untouched by development and preserving them to serve uh to have their ecosystem services, whether it's absorbing floodplain waters or helping it convey through an area rather than impact the surrounding um neighbors.
Uh similarly, uh in terms of the infill attributes on the property, uh they are fairly few at this site.
Uh there's three to five depending where you are on the site, uh, from uh adequate fire response, uh water, sewer, and proximity to city park and trail.
Uh with those limited attributes, staff does not feel that um rezoning it uh to RIU uh from an RA designation uh is necessarily constant or does not necessarily constitute uh appropriate infill.
Uh other items that were considered as a part of this uh include tree preservation, which as a whole would go down, but uh it is worth noting that this is a largely open area.
Uh it's largely it's been mostly agricultural in its history.
Uh of uh perhaps more significant uh concern to staff is the floodplain development on the property.
Uh while this may seem inconsistent as you've seen staff support some floodplain requests in the past, um, in our estimation, the lack of uh or there may be an overall lack of flexibility in where the property can be developed outside of floodplain on this property where we sometimes have supported floodplain rezoning requests where only a small portion of the property was floodplain, allowing flexibility to be built outside of that area.
Uh we've have heard some public comment uh on this item in advance of the planning commission meeting uh in opposition to it, uh that largely centered on uh concerns about uh traffic, which are similar to what you heard about the Gooseberry rezoning uh last week, uh, but also uh potential negative environmental impacts and safety concerns.
Uh accordingly, staff is recommending denial of the proposal.
Uh the planning commission, however, forwarded to city council by a vote of eight to one, uh recommending that the council approve the request.
Uh the eight supporting uh planning commissioners found the request similar to staff to be compatible uh and ultimately that the flood plan issues were more of a development level concern.
Um there was uh quite a bit of discussion about the the robustness of our floodplain standards in Fayetteville, um, especially compared to other communities in Northwest Arkansas and that they may be able to facilitate uh development that does not have negative impacts.
Uh the dissenting voter uh or the dissenting commissioner felt that the the uh request incompatibility for future land use map was an overriding concern for them uh and recommended denial.
Uh with that, I'm available for any questions.
And mayor, I believe Tracy Hoskins is here as the applicant for this item.
Okay.
Thank you.
Mr.
Hoskins, would you like to um make comments as the applicant?
Good evening, council.
My name's Tracy Hoskins, and I'm the developer of the property.
Um so uh this thing started out uh um by typical uh uh uh kind of like uh um so when this thing started out, um we uh uh I think there was a misunderstanding to the public at large or the neighbors around or whatever of what exists today and what can exist tomorrow or what have you.
I think people were under the impression that the property um where the the flood area is uh is um uh you can't build anything there or what have you, and that's simply not the case.
You can build is just the under a particular zoning of RA.
So um as far as the neighbors to the north or what have you, which very few have uh complained since the planning commission, I've not heard I've not heard of any of them.
So um, but what can happen today if um you might put up that graphic that you had um of the zoning that exists now, and then hopefully you've got that graphic that I think you'll mayor, would you like me to pull that up?
Yes, I um apologize for being slow to that.
Yes, Jonathan.
If you if you if you were okay to do so, that's fine.
Yeah, thank you.
And I'm and I also apologize for being a little bit slowest.
Turned out to be a lot later than what I thought.
So um so we're earlier than what I thought, Tracy.
Can't we can do well?
Um okay, so uh yeah, I feel for you guys.
Thank you uh for what you need, whatever.
Okay, so anyway, um the way the property is now, um, which you cannot see it on this graphic that the that staff has up there, but in this area to the south, you see some little houses kind of dotted in there, just north of that is RMF 24.
Okay, and then you've got the the swath of the creek there, then you have the lighter color, which is uh residential agriculture, and that's what it's zoned today.
So, what that means is today, as the property sets, it's not that we can't develop, but we can develop it just as it sets.
It's it's a matter of uh do you want uh uh good development or you want what's there now.
Um, and so uh uh what can happen today is on that north property, we can take the calculation of how many units per acre and and put a couple of rentable barn dominiums up there or what have you, if that's what what we wanted to do, which we don't.
And then on the south part of the property by right, we can also put in uh I think it's RMF 24, 24 units per acre multifamily.
Well, we don't want to do that either, and the neighbors to the south would rather not have that as well, and we kind of agree with them.
But at this point, that's where we are.
And so what we're trying to do now is rezone the property to what makes more sense for the area, and as staff said in their own report, it is compatible.
Um in fact, the staff's report is a little bit strange because uh and we and we were made aware of this right before planning commission that that staff thought the the project is compatible.
We have RIU, the same zoning that we're after asking for to the north side there, is adjacent to us to the right, and as they said, you know, mixed housing types and what whatever out there or what have you.
So we thought that was a little bit odd, but um with that being said, uh, do you have the the graphic that we presented that in fact y'all asked us that planning commission that included that specific graphic for you could you describe it?
I think it's the next the next shot.
Well, um, so I guess a um a graphic that we provided staff for this purpose or whatever didn't make it into the package.
Anyway, um what our desire is is this is that uh uh uh we have we are downzoning what is currently RMF 24 where the floodway is, we are asking to down zone that to RA so that it protects that area, what have you north of there where you see floodplain, which floodplain uh under the right conditions, doing it properly or what have you, can be adjusted and and uh and developed as well.
We have no intent of developing that entire area of floodplain, and if we had our graphic here, it would demonstrate that.
But um, but what we're asking for is zoning to where we can start planning planning this property.
Um RIU makes sense.
Um the uh you know what I tell you what, I'm gonna back up here.
I'm gonna ask you to table us tonight because we don't have we don't have the information here that that I thought we had.
So I'm gonna ask you to table it.
Okay, um thank you.
Thank you.
All right, thank you.
Okay, so we have a request from the applicant to table.
What would you all like to do?
I'll motion to table for two weeks.
Second.
I have a question.
Um yes, yeah.
Um one of the discussion items that we'd had to that before we would table it.
I just was hoping we could talk with the staff and the applicant was RA being used historically as this kind of like uh conservation, but it really doesn't have that pool and talked about the new zoning.
And so I didn't know if if the applicant was aware of that or if we'd had that discussion, if we're gonna table it, if that's something that um could be looked at, the conservation, the C CR.
Yeah, the C CRIPERET ZOME It was something I asked at agenda session and didn't know if that had been discussed with the applicant.
Um Jonathan, would you like to address that question?
I'm sorry, I only heard half the question.
A comment I might go ahead and just because of the hour and and knowing we have the request to table, I think that's a really good when it comes back though.
Yeah, if you'd be willing to maybe raise that at agenda session or in the meantime, I'll send an email in an email.
I think that would be great.
Thank you.
We have a motion and a second on the tabling for two weeks.
Two weeks, Bob.
Okay, we have a motion.
Mr.
Hoskins, just two weeks work for you.
Yeah, okay.
And again, I'm here and I'd be happy to answer any questions.
Okay, well, we're either we're doing one or the other.
So I mean, if we're we're ready to make a motion to table, so we're not gonna spend more time on it.
So Clerk Paxton, if you will um please call the roll on the motion to table.
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Is more?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Bernard?
Yes.
Ms.
Bench?
Yes.
Ms.
Turk.
Yes.
And we'll make sure we get those questions.
Okay.
C 16 on Southwest Avenue, an ordinance to rezone the property described in RZN 2025-40 for approximately 0.23 acres located at 1414 Southwest Avenue in Ward 1 from RMF 24 to RIU residential intermediate urban kit.
Thank you, Mayor.
Be it ordained by the City Council or the City of Faithville, Arkansas Section 1.
At the City Council, the City of Fayetteville, Arkansas, here by change the zone classification of the property shown on the map, exhibit A and the legal description, exhibit B, both attached to the planning department's denim MO from RMF 24, residential multifamily 24 units per acre to RIU residential intermediate urban.
In section two, that the City Council of the City of Fayetteville, Arkansas here by amends official zoning map of the city of Fayetteville to reflect the zoning change provided in section one.
Okay, thank you.
Jonathan Thank you, Mayor.
This request takes us towards South Fayetteville.
We're immediately north of 15th Street on the east side of West Avenue, roughly two lots north of 15th Street specifically.
It totals about uh just shy of a quarter of an acre of land is developed with a single family home that is currently zoned RMF 24 residential multifamily 24 units per acre.
The applicant is requesting to rezone the property to RIU residential intermediate urban, which staff does request, and we do find it to be compatible uh with the diversity of housing types we see in the area.
Uh this uh there while there are single family homes immediately adjacent to the property, uh there's multiple different other types of residential housing types, uh not just uh on the same street, uh, but also as you move further afield uh south of 15th Street into the north, as well as non-residential uses uh closer to school avenue.
We similarly find the request to be consistent with our long range plans, uh given the number of infill elements, uh the location of the property.
We feel that RIU and its allowance for uh one, two, three, and four family dwellings uh is complementary of the residential neighborhood uh feature land use map designation.
Uh other items that we considered uh include that the few preservation will go down.
Uh however, this is a developed piece of property uh with uh a somewhat limited amount of canopy today, uh similar to some other items you've heard tonight.
Uh, there is an identified downstream search capacity issue on the site.
Again, because of the size of the property, we've not heard any overriding concerns from our utility department about uh potential development impacts this property could have.
Uh and finally, a question did arise at uh agenda session about the potential, if I understood the correction properly, uh, to develop this property with both street-facing and alley-facing development, since to the west is West Avenue and to the east is an alley.
And then the question about could they could a developer theoretically put a an additional alley in the middle of the property and create again if I understood correctly, effectively four tiers of housing.
So one facing west, one facing the existing alley, and then two additional tiers of housing facing what would be that newly built piece of alley.
Uh from a feasibility standpoint, I don't find this being realistic.
I included uh one of our narrower alley sections here, which would consume about 20 feet of a 180-foot piece of property, uh, which would leave uh roughly third excuse me, 40 feet of lot depth uh for each one of those lots.
So in this instance, certainly I don't think it would be realistic.
Um similarly, the city is not obligated to accept public rights away in all instances.
Uh I don't think it would be in the city's interest to accept a disconnected piece of of singular alley right-away uh in a development like this solely for the purposes of the developers game.
Um but uh it is a good question, and it's something that not this specific example, but instances like this we've been discussing and contemplating uh as this ordinance uh is explored more by the development community.
Uh with all those factors in mind, staff is recommending in favor of the requests.
Uh the planning commission forwarded it to the city council unanimously with uh one recusal and no discussion.
And to date we've received no public comment.
And uh happy to take any questions that the council has.
Mayor uh Andrew Brink is here as the applicant for the item.
Okay, got it.
Mr.
Brink, do you have a presentation or just available for questions?
Okay.
I was I was wondering if we were gonna call the game in the eighth inning, so we're concerned.
Um just just brief, and I wanted to wanted to speak to a couple of things.
I sent you all an email in case you didn't get it.
I don't have any intentions of demolishing the house.
I'm very cognizant about the available housing stock that we have, and if you demolish housing, it's generally uh more expensive.
So the intention here and the reason for RIU was to present the opportunity to put a lot in the in the backyard and then build an additional single family house that faces the alley.
Got into the house and um I don't know who did it, but somebody put uh carpet and linoleum over real hardwood floors, so that's a shame.
But um, it's a great house.
Want to keep it, want to remodel it, uh, and then and then put a house that faces the alley.
Something that's a starter home, uh, quite honestly.
Uh really cognizant of that neighborhood here if you have any questions.
Great.
Thank you so much.
Do we have questions for either Jonathan or the applicant?
Uh Councilperson Stafford.
Thank you, Mayor.
Um Andrew, I don't I don't know if this questions for staff or for you, but uh I would like to get maybe your input on it.
Uh I I'm generally in favor uh of this.
I the concerns I've heard are the concerns I share, which is the uh condition of the alley and and will alley improvements like do we when we have alley development, do we have requirements for the condition of the alley and like will the developer like improve the alley, like you where the property is, um like how do how does that work?
Yes, is the short answer, yes.
And that was a part of the alley ordinance when it was adopted by council earlier this year, is that when alleys are improved as well, they will be treated for many purposes like a street would be as far as like the design of the building having to be oriented towards it and even potentially requiring tree plantings along the alley.
Okay, and so the alley will be improved and maintained, or yeah, I can just expand further on that.
It uh if the it may not be that it has to be built to like a concrete standard, we do have allowances and our minimum street standards to uh build out of to build out existing alleys with gravel if there's not slope issues that would lead to the uh gravel eroding into adjacent properties.
Uh but ultimately, as with so many developments, uh it depends on what's what's act what's being proposed and if the size of that development can bear the associated cost, but uh out of minimum properties have to be accessible.
Okay, thank you.
Okay, thank you.
Councilperson Turk, um, I have a question for Mr.
Brink.
So um it sounds like I mean you're gonna keep that house, restore those hardwood floors.
That's awesome.
Uh but why R.I.U.
I mean, you could build another house behind that by the alley with a much less intense um zoning requirement.
So uh considering RMF 24, which I think it is, um started looking at the setbacks, honestly.
So based on um I don't know if you guys know this.
I I'm I think ADUs are a great way to add mother-in-law quarters or shouldn't say quarters, but a mother-in-law house, whatever to a backyard, but you can't own that.
Um you can't sell it easily.
And my intention has been, and I've said it numerous times for fee simple ownership for people that own their slice of payout bill.
So um RIU has a five-foot side setback, and I already have to put a flag.
Uh if I want to split the lot, I have to put a flag that runs from the house, the house at West to the sewer line that's in the alley.
So I have a 10-foot flag.
Um, my I I think um, if I I'm a little fuzzy, but I think my side my side setbacks are a little bit higher in RMF 24, so my scale had to be a little larger.
RAU has a five-foot setback, so I've got 15 feet that I'm already eaten up with house size, and I was trying to play into uh that 10-foot flag.
It can't be built in anyways, so why did I need an additional five feet off of that really utility easement for all intents and purposes?
I hope that answers your question.
If I want to if I want to expand more, um, you know, I thought UN might be uh a good a good site here to the north.
There's UN on on West Avenue in talking with staff.
Um they felt that RIU was was better than UN or that was a presentation from staff at that point.
Okay, I'm gonna take it to public comment.
Do we have anybody in the audience that would like to speak on this item?
Keith, I'm gonna assume we don't have anyone on Zoom for this one.
Okay, I'm gonna bring it back to Councilperson Berna.
I'd make a motion to suspend the rules go third and five more seconds.
Second.
Okay, we have a motion and a second.
Clerk Paxson, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Weedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
And ordinance to rezone the property described in a rezoning rotation RZN 2025-40 for approximately 0.23 acres located at 1414 Southwest Avenue in Ward 1.
From RMF 24 residential multifamily 24 units per acre to RIU residential intermediate urban.
All right.
Clerk Paxton, will you please call the roll for the final vote?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Weedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
Okay, that brings us to C 17.
We have two more left on the agenda.
An ordinance to rezone the property described in RZN 2025-42 for approximately 0.36 acres located at 2201 West Dean Street in Ward 2.
From RMF 6 to uh residential multifamily uh six units per acre to RIU residential intermediate urban kit.
Thank you, Mayor.
Be it ordained by the City Council of the City of Fayetteville, Arkansas, Section 1.
That the City Council of the City of Fayville, Arkansas hereby changes the zone classification of the property shown on the map, exhibit A, and the legal description exhibit B.
Those attached to the planning department's agenda memo from RMF six residential multifamily six units per acre to RIU residential intermediate urban.
Section two, is that the city council of the city of Favel, Arkansas here by men's official zoning map of the city of Fayetteville to collect the zoning change provided in section one?
Thank you.
Jonathan.
Thank you, Mayor.
This request takes us towards Northwest Fayeville.
Apologies having a moment here with my presentation.
There we go.
We are at the southwest corner of Dean Street and Evening Shade Drive.
This is southeast of the city's uh emergency services campus where the new police department and fire station are located.
The property is developed with a single family home, and as Mayor and Ms.
Williams noted, the request is to rezone it from its existing RMF6 residential multifamily six units per acre to RIU residential intermediate urban.
Staff finds this request to be compatible and we are in favor of it.
This is the only single family house in this area with all adjacent properties being attached to residential units, ranging from duplexes to quadplexes, which we find will be compatible with the single T3 and four family dwellings that are allowed by right in the RIU zoning district.
And uh the only issue we've identified is that there is a reduction in few preservation uh requirements associated with this that uh bears consideration from 20 percent under the RMF districts to 15 percent under RIU.
Uh we are recommending in favor of this request as I noted the planning commission forwarded to city council unanimously with no discussion and there has been no public comment to date available for questions and Kyle Atkins is the applicant for this item, Mayor.
Thank you.
Okay, great.
Do we have any questions uh for the applicant, Mr.
Atkins or for Mr.
Kirth?
Okay, I want to take it to public comment.
Do we have anybody in the public that would like to make a comment on this item?
And I Keith, your light is not on, so I'm gonna bring it back to the council and see if we would like a motion to suspend.
A motion to suspend the rules and go to the third and final reading.
Second.
Okay, we have a motion and a second.
Clerk Paxson, will you please call the roll?
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore, yes.
Mr.
Weedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
An ordinance to rezone the property described in a rezoning petition RZN 2025-42 for approximately 0.36 acres located at 2201 West Dean Street in Ward 2.
From RMF 6, residential multifamily 6 units per acre to RIU, residential intermediate urban.
Clerk Paxton, will you?
Oh, I'm sorry.
Uh Councilperson Turk.
I just I have one last, I just have a statement here.
Um, I mean, I do find that it's probably compatible to change it to RIU, but there's sure is a nice um grove of trees right there that will most likely be cut down uh with this new development because I think the frontage will actually be not on Dean Street but on the other street.
So um reluctantly I'm gonna support this.
Thank you.
Um Clerk Paxton, will you please call the roll for the vote?
Minister Jones?
Yes, Mr.
Stafford Yes, Dr.
Jones?
Yes, Ms.
Moore, yes, Mr.
Weedaker, yes, Mr.
Berna?
Yes, Ms.
Bench?
Yes, Ms.
Turk, yes.
Okay, thank you.
Thank you to the applicant for for being here so late.
Um item C 18 is our last item on the agenda.
It's an ordinance to rezone the property described in RZN 2025-44 for approximately 0.52 acres located at 1229 North Lewis Avenue in Ward 2 from RSF 4, residential single family four units per acre, to UN Urban Neighborhood Kit.
Thank you, Mayor.
Be it ordained by the City Council or the City of Fayetteville, Arkansas Section 1.
At the City Council of the City of Fayetteville, Arkansas, hereby changes the zone classification of properties on the map, exhibit A and a legal description exhibit B, both attached to the planning department's agenda memo from RSF 4 residential single family four units per acre to UN urban neighborhood in section two that the city council of the city of Fayetteville, Arkansas, hereby amends the official zoning map of the city of Fayetteville to reflect the zoning change provided in section one.
Thank you.
Jonathan.
Thank you, Mayor.
This request keeps us in largely the same portion of Fayville.
Uh we're northwest away from the Maiden University of Arkansas campus on the west side of Lewis Avenue, uh, closer to Wedding, but uh between uh Dean Street to the north and Weddington to the south, uh, probably more equidistant between Lewis Park to the north and and Weddington to the south.
Uh the property is currently developed with a single family dwelling.
And if you have the opportunity to read our long range planning comments on this report, there are county records that suggest it was built in 1926, but our long range planners are historic preservation planners evaluated it, and all the aerial photography we have from that period suggests it was built much later, probably in the 50s or 60s, um, as a matter of consideration and context for the request.
Um as was noted, the request is to rezone the property from RSF4 residential single family four units per acre to UN urban neighborhood.
Uh staff does find this request to be compatible.
Uh this is a almost uniformly single family neighborhood.
Uh staff finds that a location on a prominent corner uh that is uh on a transportation corridor between two major thoroughfares uh near several amenities, including Lewis Park, uh the school to the Asbell School to the northwest and the services at Whittington and uh North Street, uh that this is an appropriate location to allow additional housing types and the potential for small uh non-residential services.
Uh for the similar reasons we find this to be consistent with our long range plans.
Uh the residential neighborhood area uh does contemplate and anticipate residential uses to be predominantly found in that designation, uh, but acknowledges that at prominent corners uh or corners of major transportation quarters, it's appropriate to inject uh uh non-residential uses so that there can be walkable services for the neighbors uh in that area.
Uh we feel that this is supported by the uh relatively high number of NFL attributes that are associated with the site.
Uh in terms of additional issues, uh tree preservation would uh decline uh if this property were redeveloped, RSF4 uh requires 25%, and RIU requires 15.
Uh similar to several items you've heard tonight.
Uh there is a downstream sewer capacity issue identified in wet weather on this property.
Uh also similar to the other items you've heard tonight, given the size of the property and its very limited development potential.
Our utility department did not express specific concerns uh that it could uh aggravate an issue to a notable degree.
Uh and I already touched on the preservation planning comment.
Um, mostly to note that uh the property may not uh have the the degree of historical significance that it's uh county records suggest.
Uh we are recommending in favor of the request and the planning commission forwarded to city council unanimously with no discussion and uh there was no public comment on this item to date.
Uh I can take any questions uh that the council has and uh mayor believe either Dylan Bentley or Stuart Finley are here as the applicant for the item.
Okay, great.
Thank you so much.
Do we have any questions for Jonathan or for Mr.
Finley or Mr.
Bentley?
Okay, I'm not seeing any questions.
I'm gonna open it up to public comments.
Doesn't look like we have anyone in the public.
Keith, is there anyone on the call?
Okay, it's on the first uh councilperson Burner.
Well, considering they get the prize for being the last one on the on the list.
I think we need to suspend the rules and go third and final reading.
Second.
We have a motion and a second to suspend the rules and go to the third and final reading.
Will you please call the roll, Kurt uh Clerk Paxton?
Kurt Ms.
Paxton, will you please call the roll?
Okay.
Minister Jones?
Yes.
Mr.
Stafford?
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk.
Yes.
In order to rezone the property described and rezone the petition, RZN 2025-44 for approximately half an acre located at 1229 North Lewis Avenue in Ward 2 from RSF4 Residential Single Family for you, Mr.
Aker, to UN Urban Neighborhood.
Councilperson Turk, do you have comments?
I do.
I'm not gonna support this.
This is surrounded by an RSF4 neighborhood.
That corner, I I go past there all the time.
Uh it's really got some site distance problems.
And going from an RSF4 to the most intense, pretty much the most intense residential uh zoning type.
I think is is just I don't think it's compatible at all.
So um I would either like to um hold this so that maybe we could take a little tour of this area, or if we vote tonight, I would ask you to not vote in favor of this.
Thank you.
Thank you.
Clerk Paxton, will you please call the roll?
Minister Jones.
No.
Mr.
Stafford.
Yes.
Dr.
Jones?
Yes.
Ms.
Moore?
Yes.
Mr.
Wheedaker?
Yes.
Mr.
Berna?
Yes.
Ms.
Bunch?
Yes.
Ms.
Turk?
No.
Okay.
And that is it for new business.
It is 10.
It is 1055.
Keith, do we have any announcements?
We do not.
Okay, Clerk Paxton, do you have any announcements?
Just one.
Okay.
It's at the bottom of the agenda, just as a reminder, vacancies to apply for board committee or commissions are now open.
Applications must be submitted by 5 p.m.
on Friday, November 14th.
Thank you.
Wonderful.
And we are adjourned uh at 10 55.
Thank you.
Fayetteville City Council Meeting Summary - November 4, 2025
The Fayetteville City Council convened on November 4, 2025, to review financial reports, consider zoning and planning amendments, approve grants, and address public safety ordinances. The meeting featured presentations from city staff on sales tax revenue trends, the city's budget outlook, and recycling initiatives. Significant debate occurred regarding the proposed "Next Chapter Neighborhood" development at North Raven Lane and the decision to proceed with architectural studies for a new aquatic center at Lewis Park prior to the upcoming bond election. The council also handled several routine zoning requests, street plan amendments, and fire code updates.
Consent Calendar
- Approval of October 7 and October 21, 2025, meeting minutes.
- Amendment to an agreement with RJN Group Incorporated.
- Purchase of a generator and automatic transfer switch for the Walker Senior Center.
- Approval of an on-call electrical contract with King Electric.
- Agreement with Fresh Start Junk Removal LLC.
- Acceptance of the 2025 Boston Mountain Recycling Grant.
- Approval of the FPG fueling station site plan design.
- Award of the FY 2026 STEP grant.
- Withdrawal of the asphalt patch truck purchase item (Item A4) was removed from the consent calendar to correct a vendor procurement error.
- Approval of the withdrawal of the asphalt patch truck purchase item after a separate motion to change the vendor from Burgoff Clamp Inc. to Houston Freightliner Inc.
Public Comments & Testimony
- Craig Underwood (Property Owner): Expressed full support for the Next Chapter Neighborhood rezoning, citing the property's history of community partnership, the diversity of the housing type (market-rate rental single-family homes), and his prior experience visiting their development in Indiana. He emphasized that the project aligns with community goals and his own investment in local parks.
- Kyle Smith (Resident): Expressed general support for the Next Chapter Neighborhood but stated a mild position of concern regarding the long-term maintenance of private streets, hoping engineering standards will ensure future city takeover if maintenance fails. He suggested greater flexibility in site-specific cross-section requirements.
- Henry Reeniger (Resident): Expressed strong opposition to the East Rockwood Trail rezoning (Item B2), citing concerns about changing the neighborhood character, the loss of century-old trees, and the impact on the established, low-density nature of the area.
- Billy Cook (Resident): Expressed full support for the Food Commission, highlighting the intersectionality of food insecurity, housing, and transportation, and urging the council to address these barriers.
- Kayla Spitzer (Resident): Expressed full support for the Food Commission, speaking from her experience with food insecurity and homelessness, and advocating for the commission to represent marginalized voices.
- Helen Ames (Resident): Expressed opposition to the immediate awarding of the Aquatic Center conceptual design contract without a bond vote, citing environmental justice concerns, the risk of losing Lewis Park's field space, and the lack of a second site option in the current scope.
- Patrick Randall (Business Owner): Expressed opposition to the Aquatic Center study funding, stating that 7 sports teams would be displaced to Walker Park (which is also losing fields), creating a deficit of playing fields, and requesting to see field replacement plans first.
- Joy Endicott (President, Friends of Lewis Park): Expressed strong opposition to Lewis Park as the site, citing visibility for tourism, accident history on the road, and the loss of usable field space, urging the council to consider alternative visible flat sites like Persimmon or the Drive-In.
- Kyle Smith (Second Comment): Reiterated opposition to the Aquatic Center contract based on the lack of voter mandate and the risk of wasting funds if the bond fails.
- Carl Doji (Resident): Expressed skepticism about the Aquatic Center, suggesting the project is a 50-50 proposition and it is financially risky to spend more money before a voter decision.
Discussion Items
- Financial Report (Stephen Dotson, CFO): Reported a 7% increase in taxable sales for August 2025 compared to 2024, driven largely by grocery and convenience stores (up 21%). Council discussed the year-to-date position relative to a $3 million budget shortfall, noting a recovery of roughly $1.1 million so far. Staff agreed to provide a year-end projection prior to the upcoming budget meeting.
- SNAP Benefits Resolution (Walk-On Item): Council debated and amended a resolution addressed to Governor Sanders regarding potential federal SNAP lapses. Councilmember Minister Jones noted that while state funds were available for food banks, the distribution was insufficient to meet local needs. An amendment was added acknowledging the $500,000 distributed to food banks while the resolution still urged federal action. The resolution was passed.
- Next Chapter Neighborhood (PCD 2025-3, North Raven Lane): The applicant, Next Chapter Neighborhood, proposed a market-rate rental housing community on 33 acres (down from 49.2) to reduce the proposal size. The applicant stated the project addresses the need for diverse, non-apartment housing with no shared walls and a strong sense of community. They affirmed they market to young professionals and retirees, avoiding college students. Public commenters raised concerns about tree preservation and street types; the applicant clarified they would preserve groves where possible but are constrained by wetlands and unit density. The council supported the amendment and approved the rezoning.
- East Rockwood Trail Rezoning Appeal: An appeal was made to rezone 0.33 acres from RSF4 to NC (Neighborhood Conservation). Staff recommended denial due to misalignment with long-range plans (low-density character vs. build-to requirements) and sewer capacity concerns. The applicant, Niles Allen, sought the rezone to allow for greater density. Council members cited neighborhood character and safety. The council voted to deny the appeal.
- Reconsideration of West Mount Comfort Road Rezoning: Council reconsidered a previous vote on RZN 2025-27 regarding a bill of assurance attached to a rezoning. Council moved to remove the previous bill of assurance and replace it with a new one received from the applicant to address neighbor concerns. The motion to replace the bill of assurance was approved, followed by an immediate vote to pass the ordinance with the new assurance.
- Stormwater Fund & Recycling Grants: Staff reported revenue in the new stormwater fund. Council approved a $75,000 in-kind technical assistance grant and a $1.648 million cash grant from The Recycling Partnership for cart-based recycling implementation. Councilmember Turk expressed concern about contamination rates and vendor independence, while Councilmember Stafford supported the immediate vote. Public comment was limited.
- Gulf Coast High-Intensity Drug Trafficking Area Grant: Council approved a resolution to accept a $123,730 grant for the Fourth Judicial District Drug Task Force. Councilmember Moore expressed a position of concern regarding the social impact of drug enforcement on marginalized families and the lack of crisis stabilization units, planning to vote "no" despite supporting the motion. The resolution passed with a vote of 8-1.
- Food Commission: Council approved an ordinance to create a Food Commission to address food deserts and insecurity. Councilmember Minster Jones proposed an amendment to ensure the commission includes members with lived experience and city staff. Council affirmed the need for diverse partnerships to address hunger, citing SNAP disruptions and the need for transportation to access food pantries. The ordinance passed.
- E-Scooter Regulation Amendment: Council aligned city e-scooter rules with state law, requiring scooters in crosswalks to yield to pedestrians and give an audible signal. Staff explained this would be enforced via geofencing and app communication.
- Fire Safety Ordinances: Council approved two fire code updates: requiring low-frequency alarm notification appliances in every sleeping unit of R1/R2 occupancies and requiring fire department connections to be within 100 feet of a hydrant. Staff noted these formalize existing practices to ensure safety and avoid project delays.
- Aquatic Center Design Study: Council debated awarding a $232,524 contract to Crafton and Toll Associates for conceptual design and cost estimates for an aquatic center. Councilmembers argued the city should not spend money before a bond vote is held, citing community division over the Lewis Park site and the loss of field space. The applicant and staff argued the study is necessary to provide voters with detailed cost and design information. Public commenters opposed the site selection at Lewis Park and the pre-vote spending. The resolution to award the contract passed.
- Aquatic Center Construction Manager: Council approved a $39,999 contract with CDI Contractors for pre-construction services. The motion passed.
- Master Street Plan Amendment: Council approved the removal of a planned neighborhood link street between East Pump Station Road and South Dead Horse Mountain Road to preserve conservation land currently owned by the City, Beaver Water District, and WCRC. Staff noted this prevents conflict with the Combs Park master plan and the West Fork White River Blue Way.
- Right-of-Way Dedication (East MLK Blvd): Council approved a resolution to allow a reduced right-of-way dedication (27.5 feet instead of 33.5 feet) for a development. The applicant argued a full turn lane would worsen an existing misalignment and violate Vision Zero principles. Staff recommended the full width for future safety. The council approved the reduced dedication.
- Right-of-Way Vacation (West Elm St): Council approved the vacation of 0.15 acres of right-of-way at West Elm and North Leverett. The applicant proposed a "jog" in the street to calm traffic and an atypical material (piazza) for the public way, which staff agreed to handle via an access easement to avoid city maintenance liability. The ordinance passed.
- Residential/Institutional Zoning Changes: Council approved several minor rezoning requests: Leverett Elementary School (to P1), a property at 234 South Willow Avenue (to RIU), a property at 1229 North Lewis Avenue (to UN), a property at 1414 Southwest Avenue (to RIU), and a property at 2201 West Dean Street (to RIU). One item at 2097 North Penelope Lane was tabled for two weeks due to the applicant's request for more information on floodplain design and the CCR zoning option.
Key Outcomes
- Adopted: August sales tax report showing 7% year-over-year growth.
- Adopted: Resolution requesting Governor Sanders' intervention regarding SNAP benefits.
- Approved: Rezoning (PCD 2025-3) for the Next Chapter Neighborhood on North Raven Lane (33 acres).
- Denied: Rezoning appeal for 922 East Rockwood Trail (RSF4 to NC).
- Adopted: New Bill of Assurance for West Mount Comfort Road/Gooseberry Lane rezoning item.
- Approved: In-kind and cash grants from The Recycling Partnership ($75k and $1.648M).
- Approved: Gulf Coast High-Intensity Drug Trafficking Area grant ($123,730).
- Adopted: Ordinance creating the Fayetteville Food Commission.
- Adopted: E-scooter crosswalk regulation amendment.
- Adopted: Fire code amendments for sleeping unit alarms and hydrant proximity standards.
- Approved: Architectural contract for Aquatic Center design ($232,524) and Construction Manager contract ($39,999).
- Adopted: Master Street Plan amendment removing a planned street to protect conservation land.
- Approved: Reduced right-of-way dedication at East MLK Blvd/South College Ave.
- Approved: Vacation of right-of-way at West Elm St/North Leverett Ave with piazza provision.
- Approved: Multiple zoning changes (Leverett Elem, Willow Ave, Lewis Ave, Southwest Ave, Dean St) and one tabled request (Penelope Lane).
- Vote Result: 8-1 on the Drug Task Force grant (Councilmember Moore voting no); 8-2 on the Aquatic Center design contract (Councilmembers Moore and Turk voting no). The Next Chapter Neighborhood rezoning and other zoning items passed with near-unanimous support. The East MLK right-of-way passed 7-3 (Mayor Ron voting yes to break a tie). The Aquatic Center Construction Manager contract passed 8-2. The Food Commission and other routine items passed unanimously. The SNAP resolution passed unanimously.
Meeting Transcript
Okay. We are now calling the November excuse me, November 4th meeting of the Fayetteville City Council to order. Clark Paxton, will you please call the roll? Minister Jones. Mr. Stafford. Present. Dr. Jones? Here. Ms. Moore? Here. Mr. Wheedaker? Here. Mr. Burnett? Here. Ms. Bench? Here. Ms. Turner? Here. Mayor Ron. Here. Please join me as we recite the Pledge of Allegiance. Okay, I would like to thank and recognize Rusty Turner and his journalism class who are here observing us this evening. We always love to have students come and you picked a doozy. One more announcement that I have before we get started with our first presentation is that I will be urging my uh the our city council members to um hope that we can wrap up this meeting by 11 o'clock. And if we cannot, I would entertain a motion to adjourn until tomorrow. That is certainly the call and the uh purview of the council, as I cannot make that, but I did want to put that out there as I'm trying to be respectful of everyone's time. Um and our first item of the agenda, item one is a presentation from Stephen Dotson, our chief financial officer, and it's the uh sales tax and monthly financial report. Stephen. Thanks, Mayor. This is the uh August sales tax report. In August we saw taxable sales in the city totaling approximately 305 million, which was an increase of nearly 7% or around 20 million compared to August of 2024. This increase was led uh strongly by the retail trade sector, which was up 6% year over year, representing an increase of roughly 8.7 million. In that retail trade sector, we noted that building materials were up 11%, general merchandising stores were up 5%, and grocery and convenience was up around 21% or roughly 2.3 million. Transportation and warehousing was also up roughly 2.6 million dollars, and we saw the accommodation and food services sector was up around 10% or roughly 4.2 million. All in all, we noted a 7% gain in uh total taxable sales compared to 2024. So this was a very good month for us. Moving on to the actual tax collection results in August of 2025 compared to 2024, the city one penny sales tax was up 6.8 percent. The county portion to the city was up 8.1%, resulting in a total combined sales tax collection increase of roughly 7.4% or 366,000 compared to August of 2024. Year to date, the combined city and county sales tax are up approximately 5.7 percent or 2.4 million compared to last year. Now it's equally important to compare uh the tax revenues to what we had actually budgeted for. Um looking at that analysis, the sale the city one penny sales tax is up around 3.4% compared to budget. The county portion, we're up around 5% for a combined total for the month of August up 4.1% compared to budget, or roughly 208,000. That's gonna put the city on a year-to-date basis compared to budget through the through August, up a combined 2.6 percent, or roughly 1.1 million for sales tax.
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