(File photo)Approved:
- A $5.3 million contract for work associated with the construction of Fire Station 2
- A $122,200 contract for design of a trail bridge across Hamestring Creek
- A $745,175 contract for asphalt surface treatments for city streets and parking lots
- A $203,075 contract for for design services associated with the first phase of improvements to Walker Park
- A $1.63 million ARPA subrecipient agreement with Seven Hills Homeless Center
- Requesting that the USPS maintain all of its mail processing operations in Fayetteville
- Waiving the appeal fees for an appeal of a grading permit that was issued for the Junction at Shiloh apartments
- A 25-year solar services agreement
- Rezoning 0.8 acres on North 59th Avenue
Meeting duration
This meeting lasted 1 hour and 40 minutes, and was adjourned at 7:10 p.m.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 19, 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,
Absent: Bob Stafford, Holly Hertzberg
» View current attendance records
City Council Meeting Presentations, Reports and Discussion Items
1. Nominating Committee Report – Councilmember Mike Wiederkehr
– Pass 6-0
Active Transportation Advisory Committee
Derek Webb – One Unexpired Resident at Large Term Ending 12/31/2024
Annee Littell – One Resident at Large Term Ending 12/31/2025
Brady Carman – One Bicycle Advocate Term Ending 12/31/2025
Airport Board
Richard Rost – One Business Representative Term Ending 12/31/2028
Charles Wallace – One Federal Aviation Representative Term Ending 12/31/2028
Audit Committee
Ann Gearity – One CPA Representative Term Ending 12/31/2026
Black Heritage Preservation Commission
Joetta Walker – One Member at Large Term Ending 12/31/2026
Environmental Action Committee
Tod Yeslow – One Unexpired Resident at Large Term Ending 06/30/2025
Glenda Patterson – One Resident at Large Term Ending 12/31/2026
Jeff Pummill – One Resident at Large Term Ending 12/31/2026
Fayetteville Public Library Board of Trustees
Carla Davis – One Public at Large Term Ending 04/01/2025
Fayetteville Youth Advisory Council
Grayson Brown – One 9th–12th grade High School Student Term Ending 03/31/2025
Brendan Klaus – One 9th–12th grade High School Student Term Ending 03/31/2025
Katherine Hinton – One 9th–12th grade High School Student Term Ending 03/31/2025
Elizabeth Robinson – One 9th–12th grade High School Student Term Ending 03/31/2025
Mia Alansari – One 9th–12th grade High School Student Term Ending 03/31/2026
Alyosha Wood – One 9th–12th grade High School Student Term Ending 03/31/2026
Blythe Heimer – One 9th–12th grade High School Student Term Ending 03/31/2026
Ellyette Ceola – One 9th–12th grade High School Student Term Ending 03/31/2026
Housing Authority Board of Commissioners
Debra Humphrey – One Resident Representative Term Ending 12/28/2028
Parks, Natural Resources and Cultural Affairs Advisory Board
Korab Vranovci – One Public at-Large Term Ending 12/31/2026
Elizabeth Cunningham – One Public at-Large Term Ending 12/31/2026
Melissa Zabecki – One Public at-Large Term Ending 12/31/2026
Public Facilities Board
Aaron Berg – One Public at Large Term Ending 12/31/2028
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 Dec. 5, 2023 City Council meeting minutes.
– Pass 6-0
2. Area Agency on Aging of Northwest Arkansas – Amendment (Details): A resolution to approve Amendment No. 1 to the contract with the Area Agency on Aging of Northwest Arkansas in the amount of $153,104.00 to provide public recreation services for senior residents of Fayetteville.
– Pass 6-0
3. Parks, Natural Resources and Cultural Affairs – Donation revenue (Details): A resolution to approve a budget adjustment in the amount of $12,354.00 representing donation revenue to the Parks, Natural Resources, and Cultural Affairs Department.
– Pass 6-0
4. EcosConnect, LLC – Software service contract (Details): A resolution to approve a one-year contract with EcosConnect, LLC for backflow tracking services with automatic renewals for up to four additional one-year terms in an amount not to exceed $50,000.00 per year.
– Pass 6-0
5. Prime Electric Group, LLC – Service agreement (Details): A resolution to accept a quote from Prime Electric Group, Inc. in the amount of $45,302.00 for electrical upgrades to the Gulley Water Pump Station, and to approve a project contingency in the amount of $9,060.40.
– Pass 6-0
6. Purchased Water Account – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $550,000.00 for the Purchased Water Account due to increased water usage.
– Pass 6-0
7. Flintco, LLC – Fire Station 2 / Change order #2 (Details): A resolution to approve Change Order #2 with Flintco, LLC in the amount of $5,345,663.00 for work associated with the construction of Fire Station 2, and to approve a budget adjustment for the Firefighting Facility Improvements Bond Project.
– Pass 6-0
8. Garver, LLC – Service agreement) (Details): A resolution to authorize a contract with Garver, LLC, pursuant to RFQ 23-01, for the design of a trail bridge across Hamestring Creek in the amount of $122,200.00, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment.
– Pass 6-0
9. Vance Brothers, Inc. – Service agreement (Details): A resolution to award Bid #23-40 and authorize a contract with Vance Brothers, Inc. in the amount of $745,175.90 for asphalt surface treatments for city streets and parking lots, and to approve a project contingency in the amount of $75,000.00.
– Pass 6-0
10. TSW, Inc. – Service agreement (Details): A resolution to authorize a contract with TSW, Inc., pursuant to RFQ 22-01, for design services associated with Phase One improvements to Walker Community Park for an amount not to exceed $203,075.00, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment for the Park Improvement Bond Project.
– Pass 6-0
11. Seven Hills Homeless Center – Subrecipient agreements (Details): A resolution to authorize Mayor Jordan to sign subrecipient agreements with Seven Hills Homeless Center and its partner agencies, pursuant to Resolution No. 233-23 and RFP 23-12, in the amount of $1,630,000.00 for a project to address housing instability in Fayetteville.
– Pass 6-0
12. 2023 Boston Mountain Compost Bin – Grant award (Details): A resolution to authorize acceptance of a 2023 Boston Mountain Recycling grant in the amount of $9,000.00 for a pilot curbside food waste collection program, and to approve a budget adjustment.
– Pass 6-0
13. Animal Services – Donation revenue (Details): A resolution to approve a budget adjustment in the amount of $40,957.00 representing donation revenue to the Animal Services Division.
– Pass 6-0
14. Community Resources – Donation revenue (Details): A resolution to approve a budget adjustment in the amount of $9,352.00 representing donation revenue to the Community Resources Department.
– Pass 6-0
15. Galls, LLC – Purchase agreement (Details): A resolution to approve the purchase of uniforms and related products, services, and solutions from Galls, Inc. on an as-needed basis through May 31, 2025, and any future renewal periods.
– Pass 6-0
16. Lion Manufacturing – Purchase agreement (Details): A resolution to approve the purchase of bunker gear and related products, services, and solutions from Lion Manufacturing through NAFECO on an as-needed basis, pursuant to a Sourcewell cooperative purchasing contract, through May 7, 2024, and any future renewal periods.
– Pass 6-0
17. Fayetteville Police Department – Donation revenue (Details): A resolution to approve a budget adjustment in the amount of $1,028.00 representing donation revenue to the Fayetteville Police Department.
– Pass 6-0
18. Fayetteville Police Department – Forfeiture revenue (Details): A resolution to approve a budget adjustment in the amount of $41,340.00 recognizing revenue associated with federal and state law enforcement forfeitures.
– Pass 6-0
Unfinished Business
There is no unfinished business.
New Business
1. U.S. Postal Service – Processing operations (Details)
A resolution to request that the United States Postal Service maintain all current mail processing operations in Fayetteville.
– Pass 6-0
This item is a resolution proposed by Councilmember Scott Berna. The resolution seeks to urge the United States Postal Service to retain all current mail processing operations in Fayetteville, Arkansas. The initiative follows the USPS’s November announcement considering the relocation of some mail processing operations from Fayetteville to Oklahoma City. The proposal emphasizes the potential job losses in Fayetteville and the likely decrease in postal service efficiency for Northwest Arkansas. The resolution aims to address concerns about the economic and service impacts of such a move on the region.
Discussion:
Berna said the USPS held a meeting in Fayetteville that was not very informative, so he felt like it was important for the council to make a strong statement in support of keeping the operations in Fayetteville.
Mayor Jordan said he doesn’t think it makes any sense to move operations 200 miles away from Fayetteville considering the facility serves the entire region, which is growing at a rapid pace.
Decision:
The council voted 6-0 to approve the resolution.
2. Lisa Valentine Grading Permit – Appeal fees waiver (Details)
A resolution to waive appeal fees for Lisa Valentine’s appeal of Grading Permit GRD-2023-0031 to the Planning Commission.
– Pass 6-0
This item is a resolution sponsored by Councilmember Teresa Turk on behalf of resident Lisa Valentine.
Valentine has appealed the city’s recent issuance of a grading permit for the Junction at Shiloh, a planned apartment complex on North Shiloh Drive at the Stephen Carr Memorial Boulevard exit off Interstate 49. The appeal claims there are some state and federal Laws that the developer and the city did not adhere to before the grading permit was issued.
This resolution specifically seeks to waive the $100 appeal fee that was charged to Valentine as part of the process. City code allows the council to reduce or waive such fees if an appeal seeks to “serve the public interest … or be beneficial to the city as a whole.”
Discussion:
Turk said this resolution simply seeks to remove the fees for the appeal, not to make a determination about whether the permit was issued appropriately.
Wiederkehr said he’ll cautiously support this because there is a cost to the city to have staff work on appeals, and he doesn’t want to incentivize the filing of appeals.
Decision:
The council voted 6-0 to approve the resolution.
3. 2024 DTF Public Safety Equipment – Grant award (Details)
A resolution to authorize the acceptance of a non-matching public safety equipment grant from the Arkansas Department of Public Safety in the amount of $40,365.58 for the Fourth Judicial District Drug Task Force to purchase a handheld narcotics analyzer, and to approve a budget adjustment.
– Pass 6-0
This item is a resolution to accept a non-matching Public Safety Equipment Grant from the Arkansas Department of Public Safety. The $40,365.58 grant is for the Fourth Judicial District Drug Task Force to purchase a TruNarc Handheld Narcotics Analyzer, which according to a staff memo, will provide a safer method for in-field identification of controlled substances, enhancing evidence in criminal cases without exposing law enforcement officers to potential harm. Specifically, the resolution authorizes the mayor to execute necessary documents to receive the funds.
Discussion:
Councilmember Moore pulled this item from Consent during last week’s agenda-setting session. She asked for some more information about the devices the department is requesting. Police Chief Mike Reynolds said aside from providing a higher level of safety for officers by reducing the chances of exposure to dangerous substances like fentanyl, the devices are able to check for about 535 substances, whereas the department currently only has field testing capabilities for about six suspected narcotics.
Turk said she’s excited about the new technology, both for its safety advantages and also for its high rate of accuracy.
Decision:
The council voted 6-0 to approve the resolution.
4. Entegrity Energy Partners – Solar services agreement (Details)
A resolution to approve a 25-year solar services agreement with Entegrity Energy Partners, LLC that is anticipated to offset 6,538,454 kWh of the city’s annual electricity consumption from Southwestern Electric Power Company and produce an estimated $7 million in savings over the life of the contract.
– Pass 5-1
This item is a resolution to approve a 25-year solar services agreement with Entegrity Energy Partners LLC that city staff said is expected to offset 6,538,454 kWh of the city’s annual electricity consumption, which would save about $7 million over the contract’s life. Staff said the proposal aligns with Fayetteville’s Energy Action Plan goals, which include achieving 100% local government clean energy by 2030. Staff said the solar array project also meets the net metering policy requirements under Act 278, with a deadline for interconnection approval set for Sept. 30, 2024.
Building a new array now, staff said, would save the city a large amount of money considering a new state law regarding net metering will soon take effect that gives less compensation for excess power generation.
Discussion:
City Attorney Kit Williams has apparently sent a memo to the council notifying them that a city staffer has some indirect financial interest with Entegrity Energy Partners LLC because his wife works for the company. Staff said while the city does not regularly contract with companies when there’s a potential for a conflict of interest, it’s not barred from doing so, especially if the contract has been vetted and deemed to be in the best interest of the public by a selection committee, which occurred in this case.
Berna said he sees the importance of the agreement and the city’s goals, but said now knowing about the potential conflict and without being a part of the selection committee, he can’t be sure due diligence occurred when choosing the contractor.
Williams provided some transparency-focused language disclosing the financial interest – and naming the city employee – that the council could adopt as an amendment to ensure its legality. The council voted 4-2 to pass the amendment with Berna and Wiederkehr voting against. Wiederkehr said he’s not a fan of publishing people’s names in a resolution just to say that they’ve done nothing wrong, and that’s why he voted against the amendment. Williams said it’s impossible to fully disclose the matter without naming the person so he stands by that language.
Decision:
The council voted 5-1 to approve the resolution. Berna voted against.
5. Rezoning-2023-0027 – 1272 N. 59th Ave./Dickson Street Capital, LLC., 397 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-027, approximately 0.80 acres located at 1272 North 59th Avenue in Ward 4, from R-A, Residential-Agricultural to RMF-6, Residential Multi-Family, six units per acre.
– Pass 6-0
This property is located in west Fayetteville on the east side of 59th Avenue, about an eighth of a mile
north of the street’s intersection with Wedington Drive. It also has direct frontage onto Luna Street
to the east. The parcel is developed with a single-family structure and was zoned R-A, Residential-Agricultural when it was annexed into Fayetteville in 2006.
The applicant initially requested the property be rezoned to RI-12, Residential Intermediate, 12 Units Per Acre. However, the Planning Commission voted 7-1 to recommend rezoning it to RMF-6,
Residential Multi-Family, Six Units per Acre. City staff recommended approval of the applicant’s initial request, but after the commission’s decision agreed to also support RMF-6.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the item to the third reading, and vote 6-0 to approve it.
Meeting duration
This meeting lasted 1 hour and 40 minutes, and was adjourned at 7:10 p.m.
