LIVE UPDATES: City Council recap: Dec. 16, 2014

On the agenda

  • Rezoning property on MLK Jr. Boulevard where a Walmart Neighborhood Market is planned.
  • Rezoning 20 acres on Truckers Drive at the former R-PZD Park West site.
  • Offering health insurance to aldermen per federal requirements.
  • Requiring liability insurance for motorized bikes, motor scooters, and mopeds.
  • A law requiring disclosure of city occupancy limits on real estate transactions.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 16, 2014 inside room 219 of the City Administration Building, located at 113 W. Mountain Street in Fayetteville.

Listed below are the items up for approval and links to downloadable PDFs for more information on each item of business.

Roll Call

Present: Adella Gray, Sarah Marsh, Mark Kinion*, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, Alan Long
Absent: Rhonda Adams

* Alderman Kinion arrived at about 5:40 p.m.

Mayor’s Announcements, Proclamations and Recognitions

1. Alderman Rhonda Adams Recognition – Mayor Lioneld Jordan

City Council Meeting Presentations, Reports and Discussion Items

1. Mayor confirmation of the Public Facilities Board Appointment (PDF) – Mayor Lioneld Jordan

2. Mayor confirmation of the NWA Regional Airport Authority Appointments (PDF) – Mayor Lioneld Jordan

3. Nominating Committee Report – Alderman Justin Tennant

4. Town Center Annual Report – Sandra Bennett

Consent items

1. Approval of the December 2, 2014 City Council Meeting Minutes
Pass 7-0*

2. Income from CDBG payoff, Ranger’s Pantry, Senior Giving Tree (PDF): A resolution to approve a budget adjustment for housing contract services in the amount of $11,364.00 representing Community Development Block Grant Program income received through a housing program lien payoff, and to approve a budget adjustment for community outreach projects in the amount of $627.00 representing donations to Ranger’s Pantry and the Senior Giving Tree.
Pass 7-0*

3. Fire Station no. 1 sidewalk, ADA ramp – $6,703 (PDF): A resolution to approve change order no. 2 to the contract with Benchmark Construction in the amount of $6,703.00 for installation of a sidewalk and an Americans with Disabilities Act compliant ramp for the Fire Station no. 1 driveway replacement project.
Pass 7-0*

4. Noland ozone disinfection system – $867,010 (PDF): A resolution to award Bid #14-45 and authorize a contract with JL Bryson, Inc. for the installation of an ozone disinfection system at the Noland Wastewater Treatment Plant in the amount of $867,010.00, to approve a project contingency in the amount of $86,701.00, and to approve a budget adjustment.
Pass 7-0*

5. Noland motors, drives, load reactors – $42,342 (PDF): A resolution to award Bid #14-64 to Evans Enterprises, Inc. to rebuild four (4) motors and to purchase four (4) variable frequency drives and load reactors for the Noland Wastewater Treatment Plant in the amount of $42,341.74 plus applicable taxes.
Pass 7-0*

6. Removal and recycling of scrap metal (PDF): A resolution to award Bid #14-61 to Rogers Iron and Metal for the removal and recycling of scrap metal items for an amount established in the seventh effective issue of the American Metal Market Automobile Scrap Index each month for the Arkansas/Tennessee market less Rogers Iron and Metal’s operating costs in the amount of $96.00 per ton.
Pass 7-0*

7. Received law enforcement forfeiture revenue (PDF): A resolution to approve a budget adjustment in the total amount of $44,018.00 recognizing federal and state law enforcement forfeiture revenue received through November 2014.
Pass 7-0*

8. Donation revenue to the Fayetteville Police Department (PDF): A resolution to approve a budget adjustment in the total amount of $7,900.00 recognizing donation revenue to the Fayetteville Police Department in support of officer service awards, general recognition and repair of the vandalized police memorial monument.
Pass 7-0*

9. Floodplain enhancement at Niokaska Creek – $6,020 (PDF): A resolution to approve amendment no. 2 to the memorandum of understanding with the Watershed Conservation Resource Center in an amount not to exceed $6,020.00 for enhancement of the existing floodplain of the Niokaska Creek in Sweetbriar Park, monitoring of bank erosion and repairs to rock structures constructed as part of the original stream restoration project.
Pass 7-0*

10. Additional services from CH2M Hill Engineers – $7,902,543 (PDF): A resolution to approve amendment no. 6 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,902,543.00 for services in 2015.
Pass 7-0*

11. Master transportation plan – $500,000 (PDF): A resolution to approve a budget adjusment in the amount of $500,000.00 for the development of a master transportation plan.
Pass 7-0*

12. Creation of the 2014 HMR Capital Improvement Bond fund (PDF): A resolution to approve the attached budget adjustment for both the 2014 and 2015 budgets to create the Hotel, Motel and Restaurant 2014 Bond Capital Improvement fund in the amount of $7,181,004.00 for the Walton Arts Center expansion and enhancement project and $3,642.656.00 for phase 1 of the regional park project.
Pass 7-0*

* Consent items are typically approved in a single, all-inclusive vote.

Unfinished business items

1. RZN 14-4850 – Martin Luther King Jr. Boulevard – Walmart (PDF): An ordinance rezoning that property described in rezoning petition RZN 14-4850, for approximately 4.96 acres, located along the north side of Martin Luther King Boulevard between Government and Hill avenues, from I-1, Heavy Commercial/Light Industrial, to C-2, Thoroughfare Commercial. (Left on second reading – Dec. 2)
Pass 5-3*

* Amended 7-0 to include a submitted bill of assurance to remove several permitted uses in the C-2 zoning, such as an adult live entertainment club or bar and a sexually oriented business. Marsh later motioned to rezone the property to Urban Thoroughfare instead of C-2 as a way to allow a grocery store, but with a zoning that the neighbors who spoke tonight preferred. Petty seconded Marsh’s motion and then motioned to table that motion until Jan. 19, but the motion to table failed 3-4 with Gray, Tennant, Schoppmeyer and Long voting against. The motion to rezone to Urban Thoroughfare also failed 3-4 with Gray, Tennant, Schoppmeyer and Long voting against. In the final vote, Marsh, Kinion and Petty opposed the requested C-2 zoning, with Gray, Tennant, Schoppmeyer and Long voting in favor. Mayor Jordan was not required to vote in Adams’ absence, but he opted to cast a vote in favor of C-2, making the final vote 5-3.

New business items

1. RZN 14-4875 – Truckers Drive, former Park West (PDF): An ordinance rezoning that property described in rezoning petition RZN 14-4875, for approximately 20.54 acres, located at the west end of Truckers Drive from R-PZD, residential planned zoning district, Park West 05-1796, to RMF-12, residential multi-family, 12 units per acre.
Pass 6-0*

* Tennant left the meeting after the previous vote.

2. NWA Regional Bicycle and Pedestrian Master Plan endorsement (PDF): A resolution to endorse the Northwest Arkansas Regional Bicycle and Pedestrian Master Plan created by the Northwest Arkansas Regional Planning Commission and Alta Planning and Design.
Pass 6-0

3. Motorola maintenance contract renewal – $98,422 (PDF): An ordinance to waive the requirements of formal competitive bidding and approve a one year contract with Motorola Solutions, Inc. in the amount of $98,422.92 plus applicable taxes with automatic renewal for four additional years for maintenance of the city’s Motorola simulcast radio system, contingent on approval of the 2015 annual city budget and work program.
Pass 6-0

4. Alderman Health Insurance (PDF): An ordinance to amend §31.16 Aldermen, Compensation to provide that aldermen may participate in the City of Fayetteville employee health insurance plan as a defined class during their elected terms of office.
Pass 5-1*
* Long voted against. He said he’d need more time to consider the proposal before casting a vote in favor.

5. Insurance for motorized bicycles, motor scooters and mopeds (PDF): An ordinance to amend the Fayetteville Code by enacting § 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds.
Left on the first reading*

* Council members Marsh and Kinion said while the intent of the ordinance was a good idea, they felt like it should be a state-mandated law. They said their fear was that residents from other cities might think twice before coming to Fayetteville to shop or study if they had to adhere to this new law. Alderwoman Gray said she liked the idea and didn’t think the cost of liability insurance was a big enough expenditure to deter people from coming into town. Four residents who spoke agreed with Marsh and Kinion and said the issue should be a state legislative decision. Alderman Long motioned to leave the item on the first reading and send the proposal to the council’s Ordinance Review Committee for possible revisions. Long’s motion passed 6-0.

6. Disclosure of occupancy limits (PDF): An ordinance to amend the Fayetteville Code by enacting Chapter 120 Real Estate Sale and Leasing Regulations for the purpose of educating buyers and tenants about City of Fayetteville occupancy limits.
Pass 6-0*

* Amended to add an extended delay before the ordinance goes into effect in order to allow real estate owners and professionals some time to make the required changes to contracts and other documents. The ordinance will go into effect July 1, 2015.

7. General statement on taxpayer empowerment (PDF): A resolution for a general statement on taxpayer empowerment and the provision of core city services providing that the City of Fayetteville will continue all services currently provided or performed by public employees rather than outsourcing those core public services; and to outline contract terms to be utilized when outsourcing any other services requiring unique professional expertise not available from city employees.
Pass 6-0


– City offices will be closed Dec. 24 and 25 for the holiday.
– Lights of the Ozarks on the square will remain lit through Dec. 31.


This meeting was adjourned at 9:25 p.m.