(File photo)The council approved the following:
- A land sale agreement for a new downtown hotel
- Rezoning a single building on Mount Sequoyah
- Vacating right-of-ways for a new apartment complex on Center Street
- A $200,000 grant for mental health resources for city police officers
- A $204,275 contract to design the Drake Street Trail
- Rezoning 0.22 acres on Willow Avenue
- Rezoning 5.27 acres on Dot Tipton Road
- Changes to city code related to the Parks, Natural Resources and Cultural Affairs Department
- New e-bike rules for city trails
- An ownership change for a private club permit on Dickson Street
Meeting duration
This meeting lasted 3 hours and 24 minutes, and was adjourned at 8:54 p.m.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Nov. 7, 2023 inside City Hall in Room 219. The meeting is also available on Zoom and will be broadcast live on the city’s YouTube channel.
Listed below are all the items up for approval and links to PDF documents with detailed information on each item of business.
Roll call
Present: D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
City Council Meeting Presentations, Reports and Discussions
1. Monthly Financial Report
Consent
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 Oct. 17, 2023 City Council meeting minutes.
– Pass 7-0
2. Tyler Technologies, Inc. – Service agreement (Details): A resolution to approve an agreement with Tyler Technologies, Inc., for a new billing and payment system and payment processing merchant account.
– Pass 7-0
3. Stilwell Consulting – Service contract (Details): A resolution to approve a contract with Stilwell Consulting in the amount of $188,900.00 for the creation of an Arts and Culture Plan for the City of Fayetteville, and to approve a project contingency in the amount of $7,600.00.
– Pass 7-0
4. Crafton, Tull & Associates, Inc. – Service contract (Details): A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 23-01 Selection #6, in an amount not to exceed $204,275.00 for design services associated with the Drake Street Trail Connection, and to approve a project contingency in the amount of $25,000.00.
– Pass 7-0
5. Omnia Partners – Products/services contract (Details): A resolution to approve the purchase of technology product solutions and related services from CDW-G on an as-needed basis, pursuant to an Omnia Partners cooperative contract, through April 30, 2026, and any future renewal periods.
– Pass 7-0
6. LRS South, LLC – Franchise agreement (Details): A resolution to approve an agreement with LRS South, LLC for the hauling and disposal of solid waste and recyclable materials in the City of Fayetteville.
– Pass 7-0
7. Hamilton Alliance, Inc. – Service contract (Details): A resolution to approve an agreement with Hamilton Alliance, Inc. for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville.
– Pass 7-0
8. Outbound Waste, LLC – Service contract (Details): A resolution to approve an agreement with Outbound Waste, LLC for the hauling and disposal of solid waste and recyclables in the City of Fayetteville.
– Pass 7-0
9. Clabber Creek Sewer Repair – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $344,960.00 to fund the repair of a 48-inch sewer main in the Clabber Creek area.
– Pass 7-0
10. City of Farmington – Sanitary sewer service contract (Details): A resolution to approve a contract for sanitary sewer service between the Cities of Farmington and Fayetteville, in which Fayetteville will accept and treat sewerage from Farmington in Fayetteville’s wastewater treatment facility through December 31, 2032.
– Pass 7-0
11. Garney Companies, Inc. – West Water Transmission Main (Details): A resolution to authorize a Construction Manager at Risk contract with Garney Companies, Inc., pursuant to RFQ 23-05, for the West Transmission Water Main Project in the initial amount of $690,329.00, and to approve a budget adjustment.
– Pass 7-0
12. Misty Simpson Water Damage Claim – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $80,039.00 to fund the Misty Simpson water damage claim at 2425 East Sharon Street.
– Pass 7-0
13. Arkansas One-Call System, Inc. – Utility locating services (Details): A resolution to approve the purchase of utility locating services for 2023 from Arkansas One-Call System, Inc. in an amount not to exceed $45,000.00.
– Pass 7-0
14. Water & Sewer Vehicle and Trailer Repair – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $20,000.00 to cover the repair and replacement costs for two units used by the Water & Sewer Operations Division.
– Pass 7-0
15. Selective Traffic Enforcement Project – Grant award (Details): A resolution to authorize acceptance of a 2023 Selective Traffic Enforcement Project grant award in the amount of $72,700.00 and to approve a budget adjustment.
– Pass 7-0
16. Bulletproof Vest Partnership Grant Program – Grant award (Details): A resolution to authorize acceptance of a matching grant award from the 2023 Bulletproof Vest Partnership Program in the amount of $11,990.00 for the replacement of body armor vests and outfitting new officers, and to approve a budget adjustment.
– Pass 7-0
17. Law Enforcement Mental Health and Wellness Act – Grant award (Details): A resolution to authorize acceptance of a non-matching grant award in the amount of $200,000.00 for the expansion of the Police Department’s Wellness and Resiliency Program funded through the 2023 Law Enforcement Mental Health and Wellness Act, and to approve a budget adjustment.
– Pass 7-0
18. Resolution 230-23 and Authorize Condemnation of Property Owned by Parti Investments – Amendment (Details): A resolution to amend Resolution 230-23 and authorize the City Attorney to seek condemnation and possession of certain lands owned by Parti Investments, LLC needed for the Highway 71B Corridor Project.
– Pass 7-0
Unfinished Business
1. Reindl Properties, Inc. – Purchase Contract (Details)
A resolution to authorize the Mayor to sign a real estate purchase contract with Reindl Properties, Inc. for the sale of approximately 0.5 acres of city property in the south end of the Civic Plaza for the amount of $1,247,455.00.
– Pass 7-0
Background:
This item is the next step in a plan to build a new downtown hotel across from the Walton Arts Center. The council last year voted 7-1 to approve a letter of intent with Reindl Properties for the hotel, which would sit next to the Upper Ramble where a civic plaza is planned across from the arts center.
This item would authorize the mayor to sell 0.5 acres of city land for the project to Reindl for $1,247,455.
The city in 2021 began an RFP process to find a development partner for a building that voters were shown on the southern end of the plaza. The RFP asked for a 14,000-square-foot building footprint with a height limit of seven stories and three primary facades with an overall aesthetic that compliments the surrounding area.
Negotiations later began with Fayetteville developer Brian Reindl, who owns the Metro District building just south of the civic plaza where Cork & Keg, Rolando’s Restaurante and several other businesses are located.
The City Council’s letter of intent specified that Reindl must start construction on the new building within 12 months of the completion of the new civic plaza.
The new plaza would replace the 290-space parking lot across from the arts center. To accommodate parking, a new parking deck is being built across the street. Construction of the plaza will begin once the new parking deck is completed.
Location:
Oct. 17 Discussion:
City Attorney Kit Williams said there are a few contractual details he’d like to iron out before this item is approved.
City staff said since the last meeting, the developer has agreed to provide a 65-space valet parking area on property they own nearby at South Gregg Avenue and Center Street. Also, the hotel’s room count has been reduced from 135 rooms to somewhere between 110-115 rooms.
Carl Kernodle, Reindl’s development partner, said the plan is to find a soft brand hotel partner for the project.
During public comment, six people spoke in favor of the proposal.
Moore said this is an opportunity the city likely won’t have again. Jones agreed, and said it’s time to move forward with the plan.
Turk said the council should hold the item until the next meeting to allow more time for the public to look over the proposal. That would be three weeks from tonight.
Williams suggested using the next seven days to iron out some contract details he’d like to see added, and then schedule a special council meeting next week. Paxton said special meetings are a major burden on her office and on city staff, and asked the council to not call a special meeting.
Berna said last year he was against this project because there wasn’t enough parking allocated for the amount of rooms the hotel had planned. After seeing the new plan, he is more comfortable with it. However, he said with some contractual details still needing to be dealt with, he’s not ready to vote tonight.
Wiederkehr said he has no doubt that the council can come to an agreement, but getting all the details in place is important.
Bunch said she’d be fine voting tonight, but she knows that won’t happen.
The council voted 6-1 to table the item until the next meeting on Nov. 7. Jones voted against.
Nov. 7 Discussion:
City staff said the final version of the contract includes the suggestions made at the previous meeting.
Four local businesses have submitted letters in support of the project, including AcreTrader, South Cato Springs Holdings, Startup Junkie and Mycelium Networks (see those here).
The council voted 7-0 to amend the resolution exhibit to include the updated contract language.
There was no public comment tonight.
Decision:
The council voted 7-0 to approve the resolution.
2. Rezoning-2023-0025 – 524 S. Willow Ave./BWB Willow LLC, 524 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-025 for approximately 0.22 acres located at 524 South Willow Avenue in Ward 1 from NC, Neighborhood Conservation to DG, Downtown General.
– Pass 7-0
Background:
The property is located in south Fayetteville, one lot north of Martin Luther King Jr. Boulevard on the east side of Willow Avenue. It is currently developed with a single-family home. Prior to 2008, the subject property and most others in the immediate vicinity were zoned RMF-24, Residential Multi- Family, 24 Units per Acre. With the adoption of the Walker Park Neighborhood Master Plan that year, the property was rezoned to NC, Neighborhood Conservation.
Both the Planning Commission and city staff recommend approval of the request.
Location:
Oct. 17 Discussion:
A resident asked why the council is considering this when it is within the boundaries that have been suggested for a new Black historic district.
Several council members said with no district in place and no official proposal even available to consider, it wouldn’t be fair to a property owner within those boundaries to have their rezoning request blocked.
The council agreed to hold the item on the first reading for further consideration. The discussion will continue on Nov. 7.
Nov. 7 Discussion:
City staff said the applicant has offered a Bill of Assurance that limits the building height from 5 stories to 3 stories.
Jones asked whether rezoning this property would affect the Black historic district that has been discussed in recent weeks. City Attorney Kit Williams said it would be inappropriate to make a decision about this request based on a district that hasn’t even been formally proposed yet, let alone approved by the council.
There was no public comment.
Decision:
The council amended the ordinance to include the Bill of Assurance, then advanced the ordinance to the third reading, and voted unanimously to approve it.
New Business
1. Crown Hookah Lounge, Inc. – Private club permit application (Details)
An ordinance to approve the application of Hana Chefke, on behalf of Crown Hookah Lounge, Inc., for a permit to operate as a private club in the City of Fayetteville at 550 West Dickson Street, Suite Number 2.
– Pass 7-0
State law requires City Council approval of private club permit applications. This ordinance would approve a permit for Crown Hookah Lounge on Dickson Street (formerly Rendezvous Hookah Lounge), which is under new ownership. Staff said the business was compliant and reputable under its previous license, and this item is only needed because the business has a new owner.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
2. §33, Article III – Department of Parks and Recreation – Amendment (Details)
An ordinance to amend Article III, Department of Parks and Recreation, in §33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code to update the name and revise the duties of the department and its advisory board.
– Pass 7-0
Background:
In 2021, the Parks and Recreation department was restructured to include arts and culture, and was renamed Parks, Natural Resources and Cultural Affairs. At the same time, maintenance functions were moved into the Public Works department. This ordinance would update city code to change the department name throughout, to change the duties of the department to include arts and culture , to clarify coordination with Public Works department, and to update the duties of the department’s advisory board.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
3. §97 – Parks, Natural Resources, and Cultural Affairs – Amendment (Details)
An ordinance to amend §97, Parks, Natural Resources, and Cultural Affairs of the City Code to address evolving recreation trends, safety concerns, protection of natural and cultural resources, and to clarify and simplify language.
– Pass 7-0
Background:
This item would also make changes to city code in relation to the Parks, Natural Resources and Cultural Affairs department.
Minor changes include clearly defining the term “director,” referring to the city instead of “Parks and Recreation” throughout the chapter, and updating the department name where needed.
Substantive changes include increasing protections of natural resources located in parks, adding protection of cultural resources including adding a permit process for the use of metal detectors and other remote sensing devices; and regulating the use of electric bikes on soft surface trails.
Lastly, the proposed language addresses the sunset date of Dec. 21, 2022 on the current allowance for Director of Park, Natural Resources and Cultural Affairs to approve vendors or appoint market organizers to sell food, non-alcoholic beverages, and arts and crafts in parks as part of city-sponsored event by making this allowance permanent.
Staff said the proposed amendments were discussed at the August and September Parks Board meetings, and were unanimously approved in October.
Discussion:
One person spoke in favor of the ordinance.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
4. Amendments to §71.170 and §71.171 – City code update (Details)
An ordinance to amend §71.170, Vehicle Restrictions for Shared-Use Paved Trails, and §71.171, Rules of the Road for Fayetteville Trails, of the Fayetteville City Code to update the types of vehicles allowed on the city’s shared-use paved trails.
– Pass 7-0
Background:
These new e-bike regulations are partially aimed at aligning Fayetteville’s rules with state laws that define the different classes of e-bikes, but also address what types of vehicles are allowed on the city’s paved trails.
The proposed amendment would explicitly allow all e-bikes (as legally defined by state law) as well as other electrified personal mobility devices to be operated legally on the trails. However, it would restricting the use of certain vehicles, such as electric motorcycles, with motors 750 watts or greater.
» See our story about this from Sept. 1
Discussion:
There was no public comment.
Turk asked if the council could restrict Class 2 e-bikes from the trails. City Attorney Kit Williams said, no, the city must follow state law which wouldn’t allow that restriction.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
5. Vacation-2023-0012: 546 W. Center St./Campbell Family Trust, 484 (Details)
An ordinance to approve VAC 23-12 for property located at 546 West Center Street in Ward 2 to vacate a 0.04 acre portion of utility easement.
– Pass 7-0
Background:
The property is in downtown Fayetteville, and is developed with two Quonset hut structures adjacent to the Razorback Greenway. This easement is required to be vacated in order to continue with an associated proposed project for multi-family housing.
City staff recommend approval of the request.
» See our story about this project from Oct. 11.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
6. Vacation-2023-0005 – 612 W. Center St./Trinitas Ventures, 483 (Details)
An ordinance to approve VAC 23-05 for property located at 612 West Center Street in Ward 2 to vacate a 0.15 acre portion of alley right-of-way.
– Pass 6-1
Background:
This item is related to the previous item and would shift the Gregg alley right-of-way to the north and west of the property to allow for the construction of an apartment complex.
Both city staff and the Planning Commission recommend approval of the request.
» See our story about this project from Oct. 11.
Location:
Discussion:
The applicant said they understand that the commission has recommended relocating the alley to the north and west, but they would prefer another option that would better serve the development and includes removing the alley completely. Both options are presented below. Option 1 is preferred by the developer. Option 2 was suggested by the Planning Commission.
Mitch Weigel spoke on behalf of the Metro District Lofts property owners association. He said the owners of the adjacent complex are in favor of vacating the alley, and they don’t want to see it relocated to the north and west. They’d prefer it to be removed altogether because the alley currently contributes to criminal activity at the complex, Weigel said.
Hertzberg, Berna and Bunch said they agree with the developers and the neighbors who want to see the alley completely removed.
“It doesn’t seem necessary to have it wrapped around the building,” said Bunch. “It seems like one of those things where just because we can ask for it doesn’t mean we should.”
Hertzberg made a motion to amend the ordinance to remove the condition that the alley be relocated.
Moore suggested adding a condition that a public access easement be included at the northwest corner.
Berna and Bunch said they’re concerned about adding Moore’s condition for public access on the applicant’s private property.
“I think we might be reaching too far here,” said Berna. “I don’t know as a property owner myself that I would agree to that.”
A representative for the applicant spoke and said they would prefer the public easement not be included either, because it creates a complex situation regarding when the public could access the property.
The council voted 7-0 to approve Hertzberg’s motion to remove the alleyway altogether and approve Option 1 as presented by the developer.
Moore made a formal motion to amend Hertzberg’s amendment to include public access at the northwest corner during normal city park hours (daylight). That motion passed 5-3 after Mayor Jordan opted to cast the fifth deciding vote. Jones, Moore, Turk and Hertzberg voted in favor. Wiederkehr, Berna and Bunch voted against.
Decision:
The council advanced the amended ordinance to the third reading, and voted 6-1 to approve it. Turk voted against.
7. Rezoning-2023-0026: 5839 W. Dot Tipton Rd./Martinez, 475 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-026 for approximately 5.27 acres located at 5839 West Dot Tipton Road in Ward 4 from R-A, Residential-Agricultural, to RSF-2, Residential Single-Family, Two Units per Acre.
– Pass 7-0
Background:
This property is located in west Fayetteville on the south side of Dot Tipton Road about a quarter of a
mile west of the street’s intersection with 54th Avenue. It includes three parcels that are each developed with a single-family dwelling and associated outbuildings.
The request is to rezone the subject property from R-A, Residential-Agricultural to RSF-2, Residential Single-Family, Two Units per Acre.
Both city staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
8. Rezoning-2023-0028: 150 N. Skyline Dr, Unit 22/Mount Sequoyah Center Inc, 486 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-028 for approximately 0.14 acres located at 150 North Skyline Drive in Ward 1 from P-1, Institutional to NS-G, Neighborhood Services-General.
– Pass 7-0
Background:
This property is in east Fayetteville on Mount Sequoyah and is the site of the Mount Sequoyah Center. The center would like to add a coffee shop to one of its buildings, but the current zoning of the property won’t allow that use.
This item would rezone that single building from from P-1, Institutional to NS-G, Neighborhood Services-General.
Both city staff and the Planning Commission recommend approval of the request.
» See our story about this from Oct. 11
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
Meeting duration
This meeting lasted 3 hours and 24 minutes, and was adjourned at 8:54 p.m.
