OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fayetteville City Council Meeting Summary: November 25, 2025

City Council — Tuesday, November 25, 2025
BodyFayetteville, Arkansas
SessionCity Council
DateTuesday, November 25, 2025
StatusFILED
Video Record
0:00 / 1:12:06

Transcript — Verbatim
0:00

Okay, we're beginning the agenda session.

0:04

Um, this is the agenda session planning for next week's meeting, which is Tuesday, December 2nd.

0:09

Is that right?

0:11

Um first up, we will have next week a couple of council meeting presentations.

0:18

The first is we'll have the regular sales tax and monthly financial report from Stephen Dotson, our CFO.

0:23

We will have a housing and community services update from Marley Stark, our chief housing officer.

0:29

This won't be as lengthy as her first one, we'll, but will be more of uh what will turn into a brief uh highlights uh monthly update.

0:38

And then I'll get right on to reading our consent agenda.

0:42

First, we'll have two approvals of the November 4th and November 18th meeting minutes, respectively.

0:48

A three, a resolution to approve the purchase of an asphalt paver from JA Riggs tractor and the amount of $582,000, $582,984 pursuant to a source well cooperative purchasing contract, plus any applicable surcharges, freight charges, and delivery fees.

1:09

And in any moment with any of these, particularly on consent because they are on consent.

1:15

We had not planned agenda session agenda session presentations, but we do have applicable staff for all of these items if you have questions about it.

1:23

So please let me know.

1:24

Um A4 is a resolution to approve the purchase of a Kohler generator, an automatic transfer switch from Nixon Power Services and the amount of 79,000 79,295 pursuant to a source well cooperative purchasing contract, plus any applicable surcharges, freight charges and delivery fees.

1:46

A5, a resolution to approve the purchase of a Bobcat toolcat from Williams Tractor in the amount of $83,269 and 30 cents pursuant to a source well cooperative purchasing contract, plus any applicable surcharges, freight charges, and delivery fees, and to approve a budget adjustment.

2:09

A6, a resolution to approve the purchase of two work trucks from Randall Ford Inc.

2:15

in the amount of $88,050 pursuant to ordinance 6491, plus any applicable surcharges, freight charges and delivery fees, and to approve a budget adjustment.

2:28

A7, a resolution to approve an agreement with Ozark Dumpster Service LLC for the hauling and disposal of solid waste in the city of Fayetteville for a period of two years with automatic renewals for two additional two-year terms.

2:43

Yeah, Councilmember Moore.

2:45

Thank you, Mayor.

2:46

Um, on A6, um, I was just looking on the memo, it talks about that there was an at fault accident and pending insurance total loss for asset 2207 that we're replacing.

3:00

Um I just wanted to understand um what are our procedures when we do have an at fault um or there might have been you know something where there was an error for operator, knowing that these are expensive pieces of machinery that our taxpayers invest in.

3:16

I just don't know like what our steps are when things like that happen.

3:19

Yeah.

3:19

Typically what we'll do is we'll file an insurance for getting money back on the vehicle and we'll apply that towards what we've collected on the replacement charges for the vehicle and the fleet, and then we'll combine the two and make the purchase.

3:31

And this probably is not a fleet question.

3:34

I think what I'm getting at in my question wasn't clear.

3:36

I apologize is like what um uh corrective actions or remedy are made with staff when they're at fault.

3:44

I see, I understand more of what you're asking.

3:46

Keith, can you weigh in on that, please?

3:50

So to me it's a multiple-level approach.

3:53

One of it is we have telematics in our vehicles that kind of track and we use it as a coaching mechanism.

3:58

So if we have uh individuals that we have an access, or you're specifically referring to an accident.

4:07

The memo says it's an at-fault, is why we're having to do the replacement.

4:11

I think that that's something that Ross has really brought a lot to the organization by using telematics as coaching.

4:17

So we have software and GPS and vehicles where we can watch uh if there's an incident that occurred, we can go in there and look at that and see what's leading up to it.

4:27

And then we also kind of if we have kind of triggers to set up some of the heart breaking or something like that, or if they're speeding in a specific area, we can uh utilize that as kind of a metrics working with the departments, working with their uh supervisor and the staff can utilize these are issues that are that you should we should need to be addressing, and then we can use that software to kind of monitor to make sure that they're having corrective behavior.

4:52

Is it fair to sum up that it's kind of a case-by-case situation depending upon the correct?

4:57

Yeah, this is something that we have alerts that pop up.

5:00

It's not something that we go in there and monitor, it's not something necessarily we proactively do it, but if we see a bunch of alerts popping up, that's something that supervisors are trained to look at.

5:09

Okay, cool.

5:10

Thank you.

5:11

I'm gonna um so does anyone have questions about A7, which is the agreement with Ozark Dumpster?

5:19

Okay, so A8 is a resolution.

5:23

This is exciting.

5:24

It's a resolution to approve amendment number two to the contract with Ozark Compost and Swap LLC and the amount of $15,000 for residential food waste curbside collection and to approve a budget adjustment.

5:40

A n yes, Councilmember Moore.

5:42

I just um didn't know on the compost.

5:45

I believe we can go to our um current drop sites right for no cost, but just to know when we were doing the analysis on the $15 a month, if we thought about additional households that maybe just have a barrier because of the cost, and like if there are any considerations for those households that maybe can't take on an additional 15 that might potentially have interest in composting.

6:10

Uh, if you're asking if there's a uh another discounted rate, no, the uh it's actually 15 gonna be 1590 per month will be the uh cost for residents to participate.

6:21

That's actually about uh just under half of what it costs currently through the program that we've been piloting.

6:27

So we're steeply we're able to steeply discount the rate at that 1590, um, and that's as low as we were able to get it.

6:34

So we're pretty excited about that number and and hopeful that that'll encourage a lot more participation.

6:39

But for those who uh don't want to pay the 1590, then the drop-offs will certainly be available, and we're continuing to try to expand the geographic area that we cover with those uh free drop-offs.

6:49

Okay, thank you.

6:50

Do we think it's possible, Peter?

6:52

If with ex I don't know, with expanded participation and increased participation that those rates we could eventually even lower.

7:00

It's possible.

7:00

Um I don't want to make any promises though, but yeah, as we have.

7:04

I mean, what we definitely heard from Ozark Compost, um, the vendor on this project is the more participation we have, the the lower they're able to reduce the cost.

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████████22%
Energy Management████████████████16%
Public Engagement████████████12%
Short Term Rentals████████████12%
Procedural████████8%
Tree Preservation█████5%
Waste Management████4%
Water And Wastewater Management████4%
Technology and Innovation████4%
Summary of Proceedings

Fayetteville City Council Meeting Summary: November 25, 2025

The Fayetteville City Council convened on November 25, 2025, to review and approve a series of administrative and capital items, address zoning and regulatory amendments, and receive updates on city operations including energy costs and utility negotiations. Mayor Keith presided over the session, which featured discussions on fleet replacements, waste management contracts, short-term rental regulations, and the ongoing SWEPCO rate case intervention.

Consent Calendar

  • Meeting Minutes: Council approved the minutes from the November 4th and November 18th meetings.
  • Equipment Purchases: Approved resolutions to purchase an asphalt paver ($582,984), a Kohler generator ($79,295), a Bobcat Toolcat ($83,269.30), and two work trucks ($88,050) via Sourcewell cooperative purchasing contracts.
  • Waste & Compost Contracts: Approved a two-year agreement (with automatic renewals) with Ozark Dumpster Service LLC for solid waste hauling. Approved an amendment to the contract with Ozark Compost and Swap LLC adding $15,000 for residential food waste curbside collection.
  • Waste Services: Approved a two-year agreement (with automatic renewals) with Republic Services for solid waste hauling and disposal.
  • Recycling Equipment: Approved the purchase of 3D laser scanner hardware/software from Phaero Technologies Inc. ($71,092.72), recycling and glass carts from Ray Rig Pacific Company ($17,630.24), and related services.
  • Infrastructure & Contracts: Authorized a contract with Carl Hawley Plumbing ($560,134.64) for water main relocation service lines on Ridgway and Crestwood Drives. Approved a 15-year water purchase agreement for wholesale potable water to the City of West Fork. Waived competitive bidding for the Phaero Technologies scanner.

Public Comments & Testimony

  • Councilmember Moore: Inquired about corrective actions and procedures for staff involved in at-fault vehicle accidents. She expressed concern regarding the accountability of expensive municipal equipment.
  • Councilmember Bunch: Expressed concern regarding the potential impact of expanding the Downtown Outdoor Refreshment Area (AURA) boundaries near Washington Elementary, specifically regarding distance buffers from schools.
  • Councilmember Bunch: Questioned whether the 500-foot clustering rule for short-term rentals would apply to existing properties or only new ones, and how the ordinance would handle property sales.
  • Councilmember Stafford: Raised an on-the-ground issue regarding significant trees being cut down on Huntsville Road without acknowledgment in the tree plan, requesting assurance that the new arborist requirement would prevent such violations in the future.
  • Councilmember Parson (Staff): Expressed support for the Short Term Rental (STR) ordinance review committee's work despite some internal disagreements during the drafting process, noting the complexity of balancing operator regulations with community concerns.
  • Councilmember Moore: Questioned the legal team regarding potential "taking" claims under the Property Protection Act if the city reduces STR numbers in the future, expressing concern that removing the sunset clause might limit the city's flexibility.

Discussion Items

  • Fleet Replacement Procedures (Item A6): Councilmember Moore asked for clarification on corrective measures for operators at fault in accidents. Staff explained the use of telematics for coaching and monitoring, describing a multi-level approach where supervisors utilize software alerts to address unsafe driving behaviors like speeding.
  • Compost Program Rates (Item A8): Councilmember Moore inquired about discount rates for low-income households, noting that the $15.90 monthly fee might be a barrier. Staff confirmed this is the lowest achievable rate but noted the existing drop-off sites remain free. Councilmember Moore requested data on household income demographics of current participants to determine if low-income residents are being excluded.
  • Recycling Cart Transition (Item A10): Councilmember Trevert questioned the need for additional carts during the transition from old to new recycling systems. Staff clarified the purchase covers food waste and glass carts for commercial users and replacement units for residents, with a target transition date of June 1st next year. Staff confirmed existing trash carts will remain unchanged.
  • Water Service Line Relocation (Item A11): Councilmember Moore asked if future service line replacements would utilize internal crews or outside vendors. Staff explained that private service line work requires outside contractors as the city is not authorized on private property, though in-house line laying is planned for municipal infrastructure once the backlog is cleared.
  • West Fork Water Agreement (Item A12): Councilmember Moore clarified that the 15-year agreement permits selling water but does not fix rates for the duration, with rates fluctuating based on normal business factors.
  • 3D Scanner Usage (Item A13): Councilmember Moore inquired about the retention schedule and public access to data captured by the new 3D scanner. Staff explained the device integrates with Axon evidentiary software, with data retention periods varying by crime severity (permanent for homicide, seven years for assault). Staff confirmed all data is subject to FOIA requests, pending open investigation status.
  • Rezone RZN 2025-48 (Reconsideration): Councilmember Bunch announced a motion to reconsider the denial of rezoning 2025-46 at 2097 North Penelope Lane. Staff confirmed that a reconsideration requires a majority vote and does not necessitate a subsequent vote on the same night, allowing for tabled discussion.
  • AURA Boundary Expansion (Item C2): Councilmember Dark requested a detailed, area-by-area explanation of the proposed boundary changes to the Downtown Outdoor Refreshment Area, specifically regarding proximity to Washington Elementary. Councilmember Moore also sought clarification on whether the retail distance provisions for alcohol apply to restaurants or only liquor stores. Staff confirmed the distance rules apply only to retail liquor stores, not restaurants.
  • Tree Code Amendments (Item C3): Councilmember Parson highlighted a specific case on Huntsville Road where significant trees were removed prior to permitting, questioning how the new requirement for ISA-certified arborists would prevent such occurrences. Staff affirmed the arborist serves as a third-party verifier to "ground truth" survey data. Staff also cited existing code penalties (increased minimum canopy requirements) for unauthorized prior canopy removal.
  • Vacated Easements & Rezoning (Items C4, C5, C6): Staff discussed the vacation of utility easement and right-of-way for properties at 2411 West Megan Drive and 65 South Duncan Avenue. For the Rezone RZN 2025-52 (Rock Street), Councilmember Stafford inquired about the potential for building alley-facing multi-family apartments on the newly designated DG lot.
  • Short-Term Rental Ordinance (Item C7): Councilmember Parson and others discussed the ordinance review committee's work to remove the sunset clause. Key changes include restricting occupants to two per bedroom (removing the extra two allowance), implementing escalating penalties for repeat violators (up to two-year licensing bans), and establishing a 4% limit on Type 2 STRs within a 500-foot radius to prevent clustering. Councilmember Moore noted the committee's internal debates regarding the specific percentage and radius. Legal staff advised that while the city retains some flexibility to tweak the ordinance, removing the sunset clause may increase the risk of "taking" claims if significant reductions in STR numbers occur in the future.
  • Energy Report: Director Peter Nieringarten presented the September utility report, noting a 4% increase in total energy costs despite a 3% decrease in electricity usage due to higher rates. Key updates included:
    • SWEPCO Rate Case: The council, alongside other stakeholders (Walmart, Sierra Club, etc.), successfully intervened in a 27.3% rate hike request, securing a settlement for a 13.8% increase. Concessions included a commitment to a resource retirement study for the Flint Creek coal plant (currently scheduled for 2038) and clean energy procurement.
    • Solar Array: Progress on the 6.5 MW solar array near Nashville, which will dedicate 3.77 MW to the city, is ongoing. The project is expected to offset 6.5 million kWh annually, with an anticipated online date of January 1st.

Key Outcomes

  • Fleet Policy Review: Staff agreed to utilize telematics data as a primary tool for coaching and monitoring operator safety, addressing Councilmember Moore's inquiry.
  • Compost Program: Staff agreed to gather household income data to assess the demographic participation in the new curbside compost program.
  • Reconsideration Motion: Councilmember Bunch successfully announced the intent to bring up Rezone 2025-46 for reconsideration in the next meeting; the agenda was updated to reflect this.
  • AURA Expansion: The expansion of the Outdoor Refreshment Area boundaries to include 1834 Tavern Lafayette and Moonhouse is scheduled for final vote next Tuesday (December 2nd), with staff to provide detailed maps and justifications.
  • Tree Code Amendment: The amendments to Chapter 167 regarding tree preservation and protection measures are scheduled for a final vote next Tuesday (December 2nd).
  • Short-Term Rental Ordinance: The committee recommended removing the sunset clause and implementing stricter occupancy limits, penalty escalations, and clustering restrictions; final vote scheduled for next Tuesday.
  • Energy Strategy: The City Council acknowledged the successful settlement of the SWEPCO rate case, reducing the hike from 27.3% to 13.8%, and confirmed the strategic timing of the Nashvile solar array connection.
  • Upcoming Deadlines: The next council meeting is scheduled for Tuesday, December 2nd, 2025, where the final read on the Remy project (RZN 2025-48) and the final votes on the AURA, Tree Code, and STR ordinances will take place.
  • Holiday Closure: City offices will be closed on Thursday, November 27th, and Friday, November 28th, for Thanksgiving; trash and recycling services will continue as normal. No parking fees will be assessed on the Fayetteville Square or Dixon Street for the Thanksgiving weekend."}

Meeting Transcript

Okay, we're beginning the agenda session. Um, this is the agenda session planning for next week's meeting, which is Tuesday, December 2nd. Is that right? Um first up, we will have next week a couple of council meeting presentations. The first is we'll have the regular sales tax and monthly financial report from Stephen Dotson, our CFO. We will have a housing and community services update from Marley Stark, our chief housing officer. This won't be as lengthy as her first one, we'll, but will be more of uh what will turn into a brief uh highlights uh monthly update. And then I'll get right on to reading our consent agenda. First, we'll have two approvals of the November 4th and November 18th meeting minutes, respectively. A three, a resolution to approve the purchase of an asphalt paver from JA Riggs tractor and the amount of $582,000, $582,984 pursuant to a source well cooperative purchasing contract, plus any applicable surcharges, freight charges, and delivery fees. And in any moment with any of these, particularly on consent because they are on consent. We had not planned agenda session agenda session presentations, but we do have applicable staff for all of these items if you have questions about it. So please let me know. Um A4 is a resolution to approve the purchase of a Kohler generator, an automatic transfer switch from Nixon Power Services and the amount of 79,000 79,295 pursuant to a source well cooperative purchasing contract, plus any applicable surcharges, freight charges and delivery fees. A5, a resolution to approve the purchase of a Bobcat toolcat from Williams Tractor in the amount of $83,269 and 30 cents pursuant to a source well cooperative purchasing contract, plus any applicable surcharges, freight charges, and delivery fees, and to approve a budget adjustment. A6, a resolution to approve the purchase of two work trucks from Randall Ford Inc. in the amount of $88,050 pursuant to ordinance 6491, plus any applicable surcharges, freight charges and delivery fees, and to approve a budget adjustment. A7, a resolution to approve an agreement with Ozark Dumpster Service LLC for the hauling and disposal of solid waste in the city of Fayetteville for a period of two years with automatic renewals for two additional two-year terms. Yeah, Councilmember Moore. Thank you, Mayor. Um, on A6, um, I was just looking on the memo, it talks about that there was an at fault accident and pending insurance total loss for asset 2207 that we're replacing. Um I just wanted to understand um what are our procedures when we do have an at fault um or there might have been you know something where there was an error for operator, knowing that these are expensive pieces of machinery that our taxpayers invest in. I just don't know like what our steps are when things like that happen. Yeah. Typically what we'll do is we'll file an insurance for getting money back on the vehicle and we'll apply that towards what we've collected on the replacement charges for the vehicle and the fleet, and then we'll combine the two and make the purchase. And this probably is not a fleet question. I think what I'm getting at in my question wasn't clear. I apologize is like what um uh corrective actions or remedy are made with staff when they're at fault. I see, I understand more of what you're asking. Keith, can you weigh in on that, please? So to me it's a multiple-level approach. One of it is we have telematics in our vehicles that kind of track and we use it as a coaching mechanism. So if we have uh individuals that we have an access, or you're specifically referring to an accident. The memo says it's an at-fault, is why we're having to do the replacement. I think that that's something that Ross has really brought a lot to the organization by using telematics as coaching. So we have software and GPS and vehicles where we can watch uh if there's an incident that occurred, we can go in there and look at that and see what's leading up to it. And then we also kind of if we have kind of triggers to set up some of the heart breaking or something like that, or if they're speeding in a specific area, we can uh utilize that as kind of a metrics working with the departments, working with their uh supervisor and the staff can utilize these are issues that are that you should we should need to be addressing, and then we can use that software to kind of monitor to make sure that they're having corrective behavior. Is it fair to sum up that it's kind of a case-by-case situation depending upon the correct? Yeah, this is something that we have alerts that pop up. It's not something that we go in there and monitor, it's not something necessarily we proactively do it, but if we see a bunch of alerts popping up, that's something that supervisors are trained to look at. Okay, cool. Thank you. I'm gonna um so does anyone have questions about A7, which is the agreement with Ozark Dumpster? Okay, so A8 is a resolution. This is exciting. It's a resolution to approve amendment number two to the contract with Ozark Compost and Swap LLC and the amount of $15,000 for residential food waste curbside collection and to approve a budget adjustment. A n yes, Councilmember Moore. I just um didn't know on the compost. I believe we can go to our um current drop sites right for no cost, but just to know when we were doing the analysis on the $15 a month, if we thought about additional households that maybe just have a barrier because of the cost, and like if there are any considerations for those households that maybe can't take on an additional 15 that might potentially have interest in composting. Uh, if you're asking if there's a uh another discounted rate, no, the uh it's actually 15 gonna be 1590 per month will be the uh cost for residents to participate.

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