LIVE UPDATES: City Council Meeting Recap: May 2, 2017

File photo

On the agenda

  • Allowing development of 9.7 acres on Double Springs Road.
  • Accepting wastewater from the University of Arkansas for treatment.
  • Rezoning 1.25 acres on Hanshew Road.
  • Rezoning 1.79 acres at Crossover Road and Heathstone Drive.
  • Selling about 5 acres of land to a medical marijuana cultivation company.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, May 2, 2017 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.

Roll Call

Present: Adella Gray, Mark Kinion, Mayor Lioneld Jordan, Justin Tennant, Sarah Bunch, John La Tour, Alan Long
Absent: Sarah Marsh, Matthew Petty

» View current attendance records

City Council Meeting Presentations, Reports and Discussion Items

1. CH2M Hill Engineers, Inc. (Details): Ten (10) years accumulative safety award


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

1. Approval of the April 18, 2017 City Council Meeting Minutes
Pass 6-0

2. South Delta Aviation, Inc. Three-year Lease Agreement (Details): A resolution to approve a three-year lease agreement with South Delta Aviation, Inc. for the airport hangar at 4568 S. School Ave. and office space in the airport terminal building at 4500 S. School Ave. for rent in the amount of $4,200.00 per month.
Pass 6-0

3. T-N-T, Inc. Change Order No. 3 (Details): A resolution to approve Change Order No. 3 to the contract with T-N-T, Inc. of Van Buren, Arkansas in the amount of $21,096.00 for road and parking improvements at Wilson Park, and to approve a budget adjustment.
Pass 6-0

4. Fayetteville District Court Access Control and Video Surveillance Systems (Details): A resolution to approve a budget adjustment in the amount of $30,000.00 recognizing revenue from the court automation fund for upgrades to the access control and video surveillance systems used by the Fayetteville District Court.
Pass 6-0

5. Hawkins-Weir Engineers, Inc. (Details): A resolution to approve a professional engineering services agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $71,820.00 for engineering services related to the elimination of the Masters Sewer Lift Station, and to approve a project contingency in the amount of $7,182.00.
Pass 6-0

6. Washington Regional Medical Center (Details): A resolution to waive and release all rights of first refusal within paragraph 5.(c) of the real estate conveyance agreement of Oct. 4, 2011 and the Oct. 13, 2011 quit claim deed conveying the property to Washington Regional Medical Center.
Pass 6-0

7. University of Arkansas – Razorback Transit (Details): A resolution to approve a one-year contract with the University of Arkansas – Razorback Transit with automatic renewals for up to four additional one-year terms in an annual amount of $250,000.00 for the provision of public transit services within the City of Fayetteville.
Pass 6-0

8. Condemnation Litigation Settlement Agreement (Details): A resolution to authorize a settlement agreement with Drake Street Property, LLC; 1155 Properties, LLC; and RPM1 Properties-Fayetteville, LLC a/k/a RPM1 Properties, LLC concerning condemnation litigation filed for the water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 – Interstate 49 and Highway 112 interchange.
Pass 6-0

Unfinished Business


New Business

1. Bill of Assurance Amendment (354 N. Double Springs Road/Pinnacle Bank) (Details): An ordinance to replace a bill of assurance to allow the development of the 9.7-acre parcel at 354 N. Double Springs Road with up to 9 attached dwellings units and 35 single-family detached houses.
Pass 6-0

2. Cullers Sewer Extension (Details): A resolution to approve an extension of the city’s sewerage system beyond the city limits to a proposed development near Hughmount Road and Lierly Lane.
Tabled 6-0 (until June 6)

Notes: Alderman Kinion requested the tabling. He said Alderwoman Marsh, who is absent tonight, was the sole dissenting voice on this issue at the agenda-setting session, and asked the other council members to table the item until Marsh returns.

3. University of Arkansas SEFOR Sewer Agreement (Details): A resolution to approve an agreement with the University of Arkansas to accept wastewater from the university’s southwest experimental fast oxide reactor facility into the city’s sanitary sewer system for treatment.
Pass 5-2*

Notes: Tim Nyander, the city’s utilities director, said because the water contains minute amounts of metals and radioactive material, it must be disposed of within specific federal and state guidelines. Nyander said there will also be a small amount of water from asbestos abatement that will be treated for disposal. The wastewater, Nyander said, has been tested by multiple laboratories, and meets all discharge requirements for being discharged into a wastewater system. He said the Arkansas Department of Health, who has primacy in Arkansas over radioactive materials, has approved the discharge of the water into the city’s wastewater facilities.

Aldermen La Tour and Long each expressed reservations about approving the request. Both stated that they are uncomfortable placing water into the city’s system if it came from near a nuclear reactor.

A representative from CH2M Hill Engineers, Inc. said the groundwater in question has seeped into a building located adjacent to a structure that once housed a now decommissioned nuclear reactor. She said the amount of radioactive material found in the water is so small that it is comparable to amounts currently found in the city’s wastewater system from other means.

Mike Johnson, associate vice chancellor for facilities at the University of Arkansas, said the amounts of contamination in the water are “well below the threshold” allowed by the Arkansas Department of Health for release into wastewater systems. “We are not putting anybody at risk,” Johnson said.

Johnson said the university could legally pump the water into the ground themselves, but school officials would rather be transparent with the process, and that’s why they’ve requested to use the city’s system. He said if Fayetteville doesn’t approve the request, the university would likely ask another city to dispose of the water.

In a March 14 letter to Johnson, a representative with the state health department’s radioactive materials program stated that “the contained water in the underground vaults is considered to be unrestricted for proper release or disposal.”

Aldermen Long and La Tour said they appreciate the current research, but both said they are worried about the possibility that future research could prove that small amounts of radioactive material are indeed dangerous, and said that’s why they won’t be supporting the request.

Four residents spoke during the public comment portion of the discussion. Three residents were against the request, and one was in favor.

Alderman Tennant said he understands the fears of some people but said he thinks it’s an overreaction, citing similar scientific studies that were described earlier this evening.

Alderman Kinion agreed, and said he does not believe the amounts of radioactive material present in the water will be dangerous. He said he thinks it is more responsible to release the water into the city’s system for treatment so residents can be assured of its proper disposal.

* Aldermen Long and La Tour were the only members to vote against the request. The item, however, needed five affirmative votes to pass, so Mayor Jordan voted in favor. Jordan said the city in 2011 treated 36,000 gallons of water from this building that included radioactive levels much higher than were found this year.

4. Amend § 51.146 Backflow Prevention (Details): An ordinance to amend § 51.146 Backflow Prevention of the Fayetteville Code to more closely conform to the latest American Water Works Association and Arkansas State Plumbing Code.
Pass 5-1

Notes: Alderman La Tour voted against. He didn’t specifically say why, but questioned city staff on whether there have been any cases of sickness or death from the result of a faulty backflow prevention device. He was told of three specific instances when a backflow device prevented further contamination of drinking water.

5. RZN 17-5728 (1640 S. Hanshew Road/Wm. Lindsey) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5728 for approximately 1.25 acres located at 1640 S. Hanshew Road from RSF-4, Residential Single-Family, 4 units per acre to C-2, Thoroughfare Commercial.
Pass 6-0

6. RZN 17-5733 (SE of Crossover Road & Hearthstone Drive) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5733 for approximately 1.79 acres located at SE corner of Crossover Road and Heathstone Drive from R-O, Residential Office, and RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services, General.
Left on the first reading

Notes: Residents said the developer has told them that a MJ Pizzeria is planned for the property. According to the business’ Facebook page, MJ Pizzeria is Chef Miles James’ concept of “chef-inspired, fast casual dining, featuring wood-fired pizzas, homemade pastas and craft bar.”

The majority of residents who spoke during the Planning Commission meetings in March and April were from the adjacent Stonewood subdivision. Most of the residents were against the request, citing concerns about the potential for increased traffic, odors from food preparation, and noise. Others said they bought their homes with the belief that the undeveloped property would only be used for an office, and that the change in zoning would allow business types that they believe could adversely affect their property values.

Alderman Tennant said after public comment, he’d like to leave the item on the first reading to allow for a full vote, considering the fact that Alderwoman Marsh and Alderman Petty are absent tonight. He also said he’s heard from residents who’d like to voice their opinion but who couldn’t make it to tonight’s meeting.

Residents speaking tonight are echoing the same concerns as during the Planning Commission meetings.

7. VAC 17-5753 (SE Corner of Crossover Road & Hearthstone Drive/CP Properties) (Details): An ordinance to approve VAC 15-5753 for property located at southeast corner of Crossover Road and Hearthstone Drive to vacate a portion of a drainage easement and a portion of a utility easement.
Left on the first reading

8. Fayetteville Commerce Park Land Sale (Details): A resolution to sell about 5 acres of land in the Commerce District to AR-Canna, LLC for $75,000.00 contingent on AR-Canna, LLC receiving a Medical Marijuana Cultivation Facility license from the State of Arkansas.
Tabled 6-0

Notes: The sale is contingent upon AR-Canna receiving a license from the state. Plans call for construction of a 30,000-square-foot medical marijuana cultivation and processing plant and a 5,000-square-foot office complex, using local construction labor. AR-Canna hopes to hire 35-40 employees starting at $15 per hour, plus 3-5 managerial employees with annual salaries of $50,000-$75,000, and two senior managerial positions with annual salaries of $75,000-$125,000. AR-Canna will use a Fayetteville architecture firm and hire a local contractor for construction. A second and third cultivation facility would be built as the industry matures.

The applicant requested the item be tabled to allow time for the developer to consider possible changes to the request.


– The final spring bulky waste cleanup event is scheduled for Saturday, May 6 at Church of Christ, 303 W. Center St.; and the city’s Recycling & Trash facility, 1560 S. Happy Hollow Road.
– The Fayetteville Urban Forestry Advisory Board is taking nominations for its annual landscape competition.


This meeting was adjourned at 8:49 p.m.