LIVE UPDATES: Fayetteville City Council recap: Sept. 7, 2021

Fayetteville Government Channel

On the agenda…

  • Requiring city employees to submit weekly COVID-19 test results.
  • Expanding the Outdoor Refreshment Area.
  • Replacing parking meters in the downtown area.
  • Setting rules for the Black history preservation commission.
  • Rezoning 0.43 acres on Martin Luther King Jr. Boulevard.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Sept. 7, 2021. It is lived streamed on the city’s YouTube channel, and held at City Hall in Room 219, or virtually on the Zoom app.

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

Roll Call

Present: Sonia Gutierrez, D’Andre Jones, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

» View current attendance records

City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report

Agenda Additions

1. Federal Aviation Administration Grant (Details)

A resolution to authorize the acceptance of a Federal Aviation Administration grant in the amount of $6,135,840.00 to fund the design and construction of the Runway Pavement and Lighting Rehabilitation Project at Drake Field Airport, and to authorize the acceptance of any additional grant funds awarded for this project.
Pass 8-0

This project will include mill and overlay of Runway 16-34, construction of a new electrical vault and generator, and improvements to the current airfield lighting and signage system.

There was no discussion.

The council voted 8-0 to approve the resolution.


Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.

1. Approval of the Aug. 6, 2021 Special City Council meeting and Aug. 17 City Council meeting minutes
Pass 8-0

2. Bid #21-47 Rogers Iron and Metal Corporation (Details): A resolution to award Bid #21-47 to Rogers Iron and Metal Corporation for the removal and recycling of scrap metal items from the City of Fayetteville Recycling and Trash Collection Division in the amount of $200.00 per ton for a term of one year with automatic renewals for up to four additional one-year terms.
Pass 8-0

3. RFQ 20-01 FTN Associates, LTD Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the professional services design contract with FTN Associates, LTD., pursuant to RFQ 20-01, in the amount of $9,600.00 for drainage improvement analysis of Linda Jo Place and Skyler Place to help alleviate flooding associated with the middle fork of the Hamestring Creek.
Pass 8-0

4. Arkansas Historic Preservation Program (Details): A resolution to authorize a contract with the Arkansas Historic Preservation Program for acceptance of a certified local government grant in the amount of $9,990.00 for the restoration of the Woolsey Cemetery, and to approve a budget adjustment.
Pass 8-0

5. Aurora Aviation, LC d/b/a Elite Aircraft Services (Details): A resolution to approve a three-year lease agreement with Aurora Aviation, LC d/b/a Elite Aircraft Services for office space in the Airport Terminal Building in the amount of $300.00 per month.
Pass 8-0

6. Bid # 21-65 Southern Tire Mart, LLC (Details): A resolution to award Bid # 21-65 and authorize the purchase and installation of four tire and wheel assemblies from Southern Tire Mart, LLC in the amount of $31,115.20 plus applicable taxes.
Pass 8-0

7. Jack Tyler Engineering, Inc. (Details): A resolution to accept a quote in the amount of $21,409.37 plus applicable taxes and freight charges from Jack Tyler Engineering, Inc. for the repair of a pump at the Broyles Avenue Sewer Lift Station.
Pass 8-0

8. Olsson, Inc. Amendment No. 5 (Details): A resolution to approve Amendment No. 5 to the professional engineering services agreement with Olsson, Inc. in an amount not to exceed $312,000.00 for engineering services related to the East Fayetteville Water System Improvements Project.
Pass 8-0

9. City of Elkins Sanitary Sewer Service (Details): A resolution to approve a 15-year contract for sanitary sewer service between the cities of Elkins and Fayetteville in which Fayetteville will accept and treat sewerage from Elkins in Fayetteville’s wastewater treatment facility.
Pass 8-0

10. CH2M Hill Engineers, Inc. (Details): A resolution to authorize a payment to CH2M Hill Engineers, Inc. in the amount of $362,544.00 to reconcile the actual costs of wastewater treatment operations and maintenance in 2020 to the contract estimate, and to approve a budget adjustment.
Pass 8-0

11. Bid #21-60 Caldwell Tanks, Inc. (Details): A resolution to award Bid #21-60 and authorize a contract with Caldwell Tanks, Inc. in the amount of $2,325,000.00 for the construction of a new elevated water storage tank on Township Street and demolition of the existing tank, to approve a project contingency in the amount of $232,500.00, and to approve a budget adjustment.
Pass 8-0

12. Rubbish Removal and Roll-off Rentals, LLC d/b/a Arkansas Waste Solutions (Details): A resolution to approve an agreement with Rubbish Removal and Roll-off Rentals, LLC d/b/a Arkansas Waste Solutions for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville.
Pass 8-0

13. Ozark Compost & Swap, LLC (Details): A resolution to approve an agreement with Ozark Compost & Swap, LLC for the hauling of organic compostable and recyclable material in the City of Fayetteville.
Pass 8-0

Unfinished Business

1. Amend Chapter 173 Building Regulations (Details)

An ordinance to amend Chapter 173 Building Regulations of the Fayetteville Unified Development Code to align the city’s building regulations with building codes adopted by the State of Arkansas; to authorize prosecution of violations of § 173.08 Unsafe Buildings and Property Nuisances; and to adopt the International Property Maintenance Code.
Pass 8-0

Background: This item was passed 8-0 on Aug. 3, but was reconsidered at the Aug. 17 meeting at the request of the city attorney in order to make some minor amendments.

Staff said many sections of the city’s building regulation laws are now over 20 years old and are in need of updating, general housekeeping, and a review for consistency. Two years ago the council approved a set of updates, including formalization of the temporary certificate of occupancy allowance, elimination of fire zones, and several text changes to align ordinance with codes adopted at the state level.

Staff said this proposed revision would align city ordinances with current building codes where possible, to eliminate unnecessary requirements that have little impact on the quality of the built environment within the city, and to improve the ability to enforce local building regulation laws.

July 20 Discussion: One person spoke against the ordinance. He said adopting the International Property Maintenance Code, which regulates the minimum maintenance requirements for existing buildings, could lead to more tenants complaining about the properties they’re renting since it’s more strict than current law.

Scroggin asked if other cities are using the code, and staff said there are cities in Arkansas using it, including Fort Smith and Little Rock.

The council agreed to leave the item on the first reading. The discussion will continue on Aug. 3.

Aug. 3 Discussion: There was no public comment.

Turk said a constituent asked her if the council could hold the item on the second reading since he couldn’t be present tonight to speak. Hertzberg said she’d like to hold it as well, but Scroggin, Bunch and Petty said they’d like to go ahead and vote. The motion to advance to the third reading passed 8-0.

Decision: The council advanced the item to the third reading, and voted unanimously to approve it.

Sept. 7 Discussion: This item was passed on Aug. 3, but later reconsidered at the request of City Attorney Kit Williams who said some minor amendments are needed to the exhibits which included very long and more current national building codes. Some sections, he said, included blanks to be filled in by local officials, and not all of them were filled in.

Decision: The council voted 8-0 to approve the ordinance.

New Business

1. Mayor Jordan to Require All City Employees to Submit Weekly Tests or Proof of Vaccination (Details)

A resolution to request that Mayor Jordan require all city employees to submit weekly rapid PCR or antigen Covid-19 virus tests to Human Resources unless they have submitted proof of complete vaccination.
Pass 6-2

This proposal requests Mayor Lioneld Jordan to require all city employees to take a weekly COVID-19 test unless they opt out with proof of full vaccination.

The idea was proposed by Council Member Matthew Petty, and if approved, would encourage the mayor to establish a new policy in which all city employees would be required to submit results of a rapid PCR or antigen test to the Human Resources Department every week. Any employee who voluntarily presents a vaccination card showing that they are fully vaccinated would be exempt from the new rule (read more here).

At the start of this discussion, a group of people entered the council chambers without masks and said they wouldn’t leave unless they’re ticketed for violating the city’s mask mandate. The mayor told them they must leave, and the meeting was briefly put on hold. One man was removed in handcuffs and was told he would be charged in connection with criminal trespassing for not complying with the mayor’s orders to leave.

Five people spoke against the proposal during public comment. One person said he doesn’t think the vaccine works. Another person said she doesn’t think the tests work. One person said he thinks the proposal is a bullying tactic. Another person said the city should let the employees vote to see if they’d like to be tested weekly.

Council Member Scroggin said he’ll likely vote against the proposal because of the logistical issues the program could cause. He said he’s not against masks or vaccines, and he knows they work. He thanked Council Member Petty for bringing something forward to try and help, but ultimately he thinks it would be too difficult to implement and conduct weekly testing of so many employees.

“Hopefully we can come up with something, but I just don’t think this is it,” said Scroggin.

Council Member Hertzberg asked what the estimated cost would be. Mayor Jordan said early guesses are about $164,000 per month. The city is expected to receive about $17.9 million in COVID relief funds, and has already allocated $400,000 toward a cash incentive program to encourage vaccinations.

Hertzberg proposed an amendment that all city employees be polled to see if they would like weekly testing. There was no second for Hertzberg’s motion.

Council Member Petty said there would be logistical challenges, but he thinks they’re solvable. He said he hopes the mayor – if he chooses to implement the policy – would consult with the city’s Board of Health to iron out the details.

Petty said some have asked what would happen to an employee who refused to be tested. He said he hopes they would be treated the same way as anyone who refused any other direct order.

Gutierrez said she’ll support the proposal regardless of the issues that have been brought up tonight.

“We’re talking about people’s lives here,” said Gutierrez. “You can’t put a price tag on that.”

Council Member Bunch said the city should be doing something to help with the pandemic, but she’s not sure this is the right idea.

“I would love for everybody to get vaccinated,” said Bunch, who added that officials should have done a better job months ago when misinformation about the vaccines was being circulated. She said she doesn’t think there’s anything to be done at this point to entice people to get vaccinated if they’re adamantly against it.

Council Member Turk said she’s also concerned about the logistics of the proposal. She suggested an amendment that asks the mayor to investigate the idea further before implementing any new policy. Petty said he’s open to that idea.

Council Member Kinion said the city needs to do something to protect its employees, but he also wants to respect people’s right to choose. That balance can be tricky, he said, but anyone with an immune deficiency is likely terrified of being infected by the virus and those people’s well being should be taken very seriously. Kinion said the vaccines have been scientifically proven to work. He said although there could be logistical issues, the mayor has the capacity to properly evaluate the proposal before implementing a policy so the council needs to pass some type of resolution tonight to get things in motion.

A motion to ask the mayor to thoroughly investigate the proposal before implementing any policy was formally made by Petty and seconded by Turk.

Jordan said regardless of what’s decided tonight, he plans to implement some type of policy designed to protect the city employees. He said he will seek guidance from the Board of Health and will do his best to thoroughly explore the idea, but he will move quickly.

The amendment passed 7-1 with Hertzberg voting against.

The council voted 6-2 to pass the resolution. Hertzberg and Scroggin voted against.

2. Enact Article XXII Commission to Preserve Historical Black Structures and Cemeteries and to Create Black Historical Markers (Details)

An ordinance to enact Article XXII Commission to Preserve Historical Black Structures and Cemeteries and to Create Black Historical Markers.
Pass 8-0

This item would establish the purposes, membership, composition, duties and meeting schedule for the recently approved commission that will make recommendations to the City Council about preservation of historical Black structures and cemeteries and the creation of Black historical markers.

The commission will be comprised of seven members, including one City Council member appointed by the mayor. One non-council member must be “very familiar with an Historical Black Church in Fayetteville” while the other five would be at-large members. Non-council members will serve three-year terms except two at-large positions will initially only serve for two years and one will initially serve only one year in order to establish rotation.

The commission may work with and coordinate its preservation goals with the Historic District Commission, and may recommend protection or preservation measures for particular Historical Black Churches, Structures, and Cemeteries. It will research and investigate sites of important struggles and achievements of Black residents and their supporters to promote diversity and equality and to oppose discrimination in the city. The group may recommend to the council that a marker memorializing such an important site be created and installed a such location.

Meetings will be held at least quarterly, and special meetings can be called with two days notice.

Kinion asked if the Nominating Committee could wait until the next quarterly round of commission and committee openings to interview and select candidates since the most recent round was just completed. Jones said that would be fine.

The council advanced the ordinance to the final reading, and voted unanimously to approve it.

3. Pinnacle Ozone Solutions, LLC (Details)

An ordinance to waive competitive bidding and approve a quote from Pinnacle Ozone Solutions, LLC for refurbishment of the ozone disinfection system at the Noland Water Resource Recovery Facility in the amount of $19,224.75 plus applicable taxes and freight charges.
Pass 8-0


Staff said Pinnacle Ozone Solutions is the sole manufacturer and service provider for the brand of ozone generators (QuadBlock) that are installed at the Noland facility. The company submitted a quote for refurbishment of two QuadBlocks and all 46 heat sink fans in the disinfection system. They will also replace one solenoid valve and provide four critical spare solenoid valves.

There was no public comment.

The council advanced the ordinance to the final reading, and voted unanimously to approve it.

4. RZN-2021-056 (2699 W. MLK Jr. Blvd./Abailat, 558) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-056 located at 2699 W. Martin Luther King Jr. Blvd. for approximately 0.43 acres from C-2, Thoroughfare Commercial and R-A, Residential Agricultural to C-2 Thoroughfare Commercial.
Left on the first reading

The property is split-zoned C-2 and R-A, and is presently developed with a commercial structure. The entirety of the property is located within either the 100-year floodplain or floodway.

The Planning Commission recommends approval, but city staff recommend denial of the request.

Staff said rezoning the entire property to C-2 will allow for commercial development that is only partially compatible with other uses in the area. City planners said the property is located at an intersection on a prominent commercial thoroughfare within a quarter mile of I-49 which is typically ideal for C-2, but rezoning it would remove density and side setback requirements which may afford future development an opportunity to expand to the southern property line, which is vegetated and located within a FEMA floodplain. Staff said if the property were to be rezoned to C-2, the presence of the floodplain will reduce the development potential of the area unless multiple variances to the Streamside Protection ordinance are granted. Staff said the current R-A zoning district serves the function of limiting development in floodplains to a degree that is appropriate to its sensitive nature. Furthermore, staff said the area acts as a de facto buffer between the heavily commercial corridor and the neighboring single- and two-family residences to the south. Given that any future development of the site is unlikely to meet streamside protection requirements, staff finds the incompatibilities of the proposed rezoning make the request incongruent with natural features present on-site.


Gutierrez said she’d like to leave the item on the first reading since the applicant is not present. The council agreed. The discussion will continue on Sept. 21.

5. VAC-2021-022 (1548 N. Leverett Ave./Brittenum Properties) (Details)

An ordinance to approve VAC 21-0022 for property located at 1548 N. Leverett Ave. to vacate a portion of a general utility easement.
Pass 8-0

The property includes a portion of an existing general utility easement located on parts of lot 25 and 26 of the Evin’s Farm subdivision. It is currently developed with a 3,232 square-foot multifamily structure which was constructed on the property in 1940. In 2007 a portion of unused right-of-way was vacated, and a general utility easement was platted in its place. An overhead power line is located within a portion of the general utility easement. The applicant has not provided a stated intent behind the vacation request.

City staff recommend approval of the request with the following conditions:

  1. A new, 20-foot access and utility easement is granted, centered on the existing overhead line as indicated in Exhibit C;
  2. Any damage or relocation of existing facilities will be at the applicant’s expense.


There was no public comment.

The council advanced the ordinance to the final reading, and voted unanimously to approve it.

6. Amend Chapter 72 Parking Regulations (Details)

An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville City Code to increase certain parking rates to reflect the operational costs of updated parking equipment and technology, and to create a residential parking permit program and employee discount program for the Downtown Business District Parking Zone.
Pass 8-0

This proposal would make changes to the downtown parking areas by modernizing the equipment and technology.

The changes would include:

  • Allowing for additional payment methods at on-street parking meters;
  • Allowing for pay station payment at off-street parking lots;
  • Changing the rates at on-street meters from $0.25/hr. to $0.50/hr.;
  • Changing the rates at off-street meters from $0.15/hr. to 0.25/hr.;
  • Creating a residential permit program for the Downtown Business District; and
  • Creating an employee discount program for the Downtown Business District

Approximately 250 coin-operated on-street parking meters would be replaced with “smart” meters that accept credit cards, contactless payment, and payment via mobile app. They would include sensor technology which allows users to view, in real-time through a mobile app, where available parking spaces exist. The sensors would also allow the city to offer a grace period of 15-30 minutes so people could park for short visits without having to pay the parking rate. Users can also extend their parking session remotely by entering their license plate into a mobile app. Rates for on-street parking would increase from $0.25 per hour to $0.50 per hour. Time limits would be removed for on-street meters (there’s currently a two-hour limit).

About 275 off-street meters in five city parking lots would be removed and replaced with seven pay stations to allow for payment and permitting by license plate. Using the pay-by-plate method for payment will allow for the same grace period options as the on-street sensors and will allow staff to enforce permits by license plate, thus foregoing the material and administrative costs associated with physical permits, according to staff documents. Additionally, license-plate based parking allows users to prepay for their parking prior to their arrival since their parking session is now tied to a license plate rather than a specific meter or stall number and it allows parkers the convenience of moving from one space (or applicable lot) to another as long as they have an active parking session. Rates in the parking lots would increase from $0.15 per hour to $0.25 per hour.

A residential permit program would allow residents to park at the same long-term parking lots where monthly permits are eligible. The allocation of permits would be administered by the Parking Division in the same manner as the other existing residential programs. The city would collect an annual fee not to exceed $25 per resident for participation in the program.

An employee discount program would be similar to the entertainment district program, in which area employees are issued a coupon code to enter at pay stations which automatically applies a discount to whatever time the employee is paying for.

Bo Counts, who owns Pinpoint on Block Avenue, spoke in favor of the proposal, and said he likes the increased payment options. He suggested the council be involved in any future discussions about rate increases.

Council Member Turk said she’d like to hold the item on the first reading to give everyone more time to consider the proposal.

Council Member Bunch said the plan is straightforward and only adds convenience and features for residents. She said she’s ready to vote tonight.

Mayor Jordan asked if the council’s Transportation Committee has seen the plan. Staff said the committee voted unanimously to recommend the changes.

Bunch’s motion to send the item to the second and third readings passed 6-2 with Kinion and Turk voting against.

The council voted 8-0 to approve the ordinance.

7. Amend § 111.07 Outdoor Refreshment Area (Details)

An ordinance to amend § 111.07 Outdoor Refreshment Area by adopting a revised downtown Outdoor Refreshment Area boundary map and removing the expiration provision.
Pass 7-1

This proposal would expand the Outdoor Refreshment Area boundary, and would make the program permanent (it currently includes a 2024 sunset clause).

The proposal calls for South Gregg Avenue and North School Avenue to be the new eastern edge. To the south the proposed boundary is the trail that wraps the upcoming South Yard development. This change also brings the trail into the ORA program. The new wing will not be opened until construction of phase one of the cultural arts corridor is complete, and the South Yard extension will not be added until phase one of that project is complete.


Five people spoke in favor of the proposal, including Bo Counts from Pinpoint, Jeff Amerine of Startup Junkie and representatives from the Fayetteville Chamber of Commerce.

One person questioned why the area should be expanded to include Frisco Trail when there are no businesses along the stretch. Staff have said the trail should be included to allow people to move between the northern and southern parts of the district where businesses are located.

Turk said she likes the ORA, but said the city should move slow and keep the 2024 sunset clause intact to give more time to evaluate the program and adapt it if there are any problems in the next few years. She said the city will have more data after the pandemic ends and more people come out to take part in it.

Bunch said she’s comfortable with the proposal after seeing it operate with her own eyes, and after hearing so much praise from the business community. She said it’s been a lifeline for so many businesses during the pandemic, and the council will always have the ability to change it if necessary.

Scroggin agreed and said the investment businesses must make to be a part of the program is substantial enough that they need to have confidence the program is permanent. He moved to send the item to the second reading. The motion passed 7-1 with Turk voting against. Scroggin’s motion for a third reading was the same.

The council voted 7-1 to approve the ordinance. Turk voted against and said she supports the program, but she thinks removing the sunset clause is premature.

8. Appeal Million Miracles Surveying, P.L.L.C. (Details)

A resolution to grant the appeal of Million Miracles Surveying, P.L.L.C., for variance application VAR 21-0034 and allow a third driveway for the development at 203, 205, and 207 South West Avenue.
Fail 0-8

Staff is not in support of the applicant’s request to construct three driveways along North West Avenue because they said the intent of several portions of the city’s Unified Development Code would be nullified by the approval of such a variance. They said decreasing the curb cuts in this portion of street would negatively affect the pedestrian realm, and also potentially negatively affect the public interest, as that portion of West Avenue is currently under redevelopment as part of the cultural arts corridor. Further, staff said the intent of the Urban Residential Design Standards, as they apply to two-family dwellings and above, would also be negated, as one of the main stated purposes of that portion of code is to minimize service and parking impacts in order to preserve surrounding property values and scenic resources that contribute to the city’s economic development.


Scroggin said the city has had longstanding plans for the cultural arts corridor project, and the developer should’ve followed the rules from the onset of construction to be in compliance. He said he doesn’t like it when developers ask to change the rules after they’ve already made a mistake.

The council voted 0-8 so the resolution failed.

9. Appeal ADM-2021-045 (1236 S. School Ave./Vaughn Recycling) (Details)

A resolution to grant the appeal of council members Sarah Bunch, Holly Hertzberg, and D’andre Jones and approve an amendment to conditional use permit CUP 08-2908 to authorize Vaughn Recycling to legally expand its recycling activities to 1236 S. School Ave.
Tabled 7-1

The property is on the site of a recycling facility, in which the paved parking area and backyard previously served as vehicle storage.

Earlier this year staff received a complaint that the recycling business was storing multiple trailers in front of the property and that the operation had expanded to 1236 S. School Ave. without a permit. A separate complaint was submitted to the Transportation Division due to dirt and mud being tracked onto South School Avenue. Multiple inspections confirmed the presence of the trailers and expanded footprint of the business. A violation letter was issued in April advising that the business is in violation of its conditional use permit.

The applicant requests to expand their permit to include the added property, stating that their business has grown in recent years due to rising metal prices and they have found it difficult to store their inventory and vehicles without overflowing onto the neighboring property.

Staff said the expansion would be inherently incompatible with the surrounding uses.

The Planning Commission voted 4-4 on the idea, so the request failed.


Hertzberg said since the Planning Commission was tied, she wanted to hear the applicant’s side and possibly break the tie. She said the company has been overwhelmed with materials since the pandemic began, and she thinks it’s reasonable to ask for a change with that in mind.

Bunch and Jones said they also sponsored the appeal because they wanted to at least hear more from the applicants.

Scroggin said he hopes the council will table the resolution to allow time to take a closer look at the situation. He said he would like to visit the property before voting. Bunch agreed, and suggesting tabling for two weeks.

Petty said he thinks the council is being lied to and that there’s a history of violations with the applicant that have occurred before the pandemic began. He said the business needs to find a new location if it can’t operate at its current location. He made a motion to approve the appeal, but to revoke the overall permit at the end of the year to give the business time to find a new location. There was no second for the motion.

The council voted 7-1 to table the resolution for two weeks. Petty voted against. The discussion will continue on Sept. 21.


This meeting was adjourned at 10:23 p.m.