(File photo)Approved:
- Purchasing land on Gregg Avenue needed for a railroad crossing closure.
- Transferring land from the Utilities Department to the Parks division where a new park is planned.
- Changes to the Evelyn Hills Outdoor Refreshment Area.
- Razing a dilapidated home on Green Acres Road.
- Rezoning 3.06 acres west of South Razorback Road.
- Allocating land sale funds needed for a trail easement, restrooms and storage by a planned downtown hotel.
- Various equipment and vehicle purchases.
Denied
- Rezoning 0.6 acres west of West Valley Drive.
- Appealing the denial of two permit hearings for short-term rentals on Sparrow Circle.
Held
- Approving a budget for an extension of East Stearns Street
- Allowing the Yvonne Richardson Community Center to be included within the Spout Spring Historic District.
- Approving a new urban forestry management plan.
Meeting duration
This meeting lasted 4 hours and 32 minutes, and was adjourned at 10:02 p.m.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Feb. 6, 2024 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: Bob Stafford, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
Mayor’ s Announcements, Proclamations and Recognitions
1. Fayetteville High School football team and athletic department recognition – Presented by Mayor Lioneld Jordan
Councilmember D’Andre Jones last month sponsored a resolution to honor the 2023 Fayetteville High School football team for its Class 7A State Championship win over Bentonville in December. The council agreed to invite the coaching staff and the seniors to tonight’s meeting.
City Council Meeting Presentations, Reports and Discussion Items
1. Monthly Financial Report – Presented by Chief Financial Officer Paul Becker
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 Jan. 18, 2024 City Council meeting minutes.
– Pass 8-0
2. Play Safely Sports – Service agreement (Details): A resolution to authorize a contract with Play Safely Sports to provide youth injury mitigation courses for athletic personnel and coaches at a cost of $20.00 per person, and to approve a budget adjustment.
– Pass 8-0
3. Community Access Television, Inc. – Service contract (Details): A resolution to approve a contract with Community Access Television, Inc. doing business as Your Media in the amount of $211,216.00 for the provision of public access television services and the operation of the public access television channel through 2024.
– Pass 8-0
4. Junk-It, LLC. – Service contract (Details): A resolution to approve an agreement between the City of Fayetteville and Junk-It, LLC. to haul and dispose of solid waste within the city.
– Pass 8-0
5. Forvis, LLP. – Service contract (Details): A resolution to approve the second one-year contract with Forvis, LLP. for auditing services for the 2024 audit in an amount not to exceed $175,647.00, with an option to renew for up to three additional one-year terms.
– Pass 8-0
6. 2019 Phase I Bonds – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $308,612.00 recognizing interest revenue generated from the Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019.
– Pass 8-0
7. Evans Enterprises, Inc. – Pump Repair (Details): A resolution to accept a quote in the amount of $54,300.00 plus applicable taxes and freight charges from Evans Enterprises, Inc. for the repair of a pump used at the Hamestring Sewer Lift Station.
– Pass 8-0
8. Easement Condemnation – Utility relocations (Details): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Fayetteville Student Housing DST needed for the utility relocations associated with ARDOT Project 040846 I-49 MLK Interchange.
– Pass 8-0
9. PetroPlus, LLC. – Cost share (Details): A resolution to authorize a cost share with PetroPlus, LLC. in the amount of $102,577.80 to complete improvements associated with portions of the North Street Bond Project and to approve a budget adjustment – 2019 Street Improvement Bond Project.
– Pass 8-0
10. Black Hills Energy Arkansas, Inc. – Service agreement (Details): A resolution to approve an agreement with Black Hills Energy Arkansas, Inc. in the amount of $90,950.84 for utility relocations associated with the Midtown Corridor Project along Deane Street, and to approve a budget adjustment – 2019 Street Improvement Bond Project.
– Pass 8-0
11. South Plaza Property Land Sale – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $1,244,144.00 allocating proceeds from the sale of the South Plaza Property to Reindl Properties Inc.
– Pass 8-0
12. DC Sparks Construction, LLC. – Change Order #1 (Details): A resolution to approve Change Order No. 1 to the Fleet Shop Expansion contract with DC Sparks Construction, LLC. in the amount of $272,328.84 to provide and install an overhead crane, and to approve a budget adjustment.
– Pass 8-0
13. Afterglow Aircraft Solutions, Paint Facility – Lease agreement (Details): A resolution to approve a five-year lease agreement with Exclusive Flight, LLC. doing business as Afterglow Aircraft Solutions for the airport hangar at 4158 South School Avenue for rent in the amount of $901.00 per month.
– Pass 8-0
14. Afterglow Aircraft Solutions – Lease agreement (Details): A resolution to approve a five-year lease agreement with Exclusive Flight, LLC. doing business as Afterglow Aircraft Solutions for the airport hangar at 4580 South School Avenue for rent in the amount of $2,641.77 per month.
– Pass 8-0
15. Diamond Waste Services, LLC. – Service agreement (Details): A resolution to approve an agreement between the City of Fayetteville and Diamond Waste Services, LLC. to haul and dispose of solid waste within the city.
– Pass 8-0
16. Happy Hollow Fuel Canopy Replacement – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $49,341.00 for the construction, repair, and replacement of the fleet fuel canopy at the Happy Hollow Complex.
– Pass 8-0
17. Waste Recycle Equipment Sales, LLC. – Purchase agreement (Details): A resolution to approve the purchase of a Marathon Galaxy baler from Waste Recycle Equipment Sales, LLC. in the amount of $664,174.00, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
18. JA Riggs Tractor, Co. – Purchase agreement (Details): A resolution to authorize the purchase of a Caterpillar wheel loader with waste package from J.A. Riggs Tractor Company, doing business as Riggs CAT, in the amount of $325,370.68 plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
19. AR Municipal Equipment, Inc. – Purchase agreement (Details): A resolution to authorize the purchase of three Peterbilt refuse trucks from Arkansas Municipal Equipment, Inc. in the total amount of $1,046,583.50, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
20. Clark Equipment Company – Purchase agreement (Details): A resolution to authorize the purchase of three Bobcats from Clark Equipment Company d/b/a Bobcat Company through local dealer WT Equipment in the total amount of $118,822.24, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
– Pass 8-0
21. Lewis Ford Sales, Inc. – Purchase agreement (Details): A resolution to approve the purchase of five Ford vehicles from Lewis Ford of Fayetteville in the total amount of $214,124.00 plus any additional surcharges, freight charges, or delivery fees up to 10% of the original purchase price, pursuant to Ordinance 6491.
– Pass 8-0
22. Ford Re-Order, Repeal 69-23 (Details): A resolution to repeal Resolution No. 69-23; to authorize the purchase of two vehicles from Lewis Ford of Fayetteville in the total amount of $112,202.34; to authorize the purchase of two vehicles from Superior Automotive Group of Siloam Springs in the total amount of $83,771.00; to authorize a contingency for any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price; and to approve a budget adjustment.
– Pass 8-0
23. Parts, Tear Down, Inspect and Repair Services – Purchase agreement (Details): A resolution to approve the purchase of parts and repair services from original equipment manufacturers or their authorized vendors or repair locations to tear down, inspect, repair, and maintain warranty where applicable for vehicle and equipment repairs as needed through December 31, 2024, within the approved budget.
– Pass 8-0
24. WT Equipment – Purchase agreement (Details): A resolution to authorize the purchase of a New Holland tractor from WT Equipment in the amount of $101,910.24, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
25. Hazmat Response Revenue – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $2,299.00 recognizing hazmat response revenue received from Washington County and increasing the related expense budget.
– Pass 8-0
26. Motorola Solutions, Inc. – Dinsmore decommission (Details): A resolution to waive competitive bidding and accept a quote from Motorola Solutions, Inc. in the amount of $36,249.09 plus any applicable taxes to decommission legacy radio equipment located at the Dinsmore Trail tower site.
– Pass 8-0
27. 2024 Adopted Budget – Re-appropriation Amendment (Details): A resolution to amend the 2024 adopted budget by reappropriating $155,665,000.00 in bonded or ongoing capital projects, outstanding obligations, and grant-funded items.
– Pass 8-0
Unfinished Business
1. Stearns Street Extension – Budget adjustment (Details)
A resolution to approve a budget adjustment to create a project budget for an extension of Stearns Street between Vantage Drive and Old Missouri Road (2023-1593).
– Tabled 6-2 until Feb. 20
This project would bridge the roughly 250-foot gap where the two side of East Stearns Street both dead end, creating an east-west route from Old Missouri Road to Vantage Drive. The connection has been on and off the street plan for about 30 years.
The eastern segment that connects to Old Missouri Road was built in the late 1980s as part of the Brookhollow residential subdivision. The western section that connects to Vantage Drive, was constructed in 2018 as part of a commercial subdivision. The gap includes undeveloped city right-of-way that a neighboring subdivision’s property owners’s association has used for maintenance purposes and has built a shed.
When the commercial subdivision was built, the city collected nearly $21,000 in fees from developers to put toward the connection. That money must be spent within seven years or it will need to be refunded, so city staff are looking to get the project started before it’s too late.
The city held a public meeting in July and surveyed residents to gauge support for the project. Staff said
the responses were quite polarized, with most responses being either “highly supportive” or “highly opposed”
to the connection.
The Planning Commission in September voted 8-1 to recommend approval of the connection, and the Transportation Committee in November voted 4-0 in favor of the project.
Location:
Jan. 18 Discussion:
Bunch asked if the connection could be more narrow than the existing streets in order to mitigate the loss of trees in the right of way. Staff said once the design process begins, it’s possible there are ways that could be accomplished.
Turk said she’d like to tour the area before voting. Jones agreed.
Moore said the project has been through the Transportation Committee a couple of times with a lot of discussion, and the group – which is made up for four council members – has already recommended approval of the project, so she’d like to vote tonight.
Berna said he’d be fine tabling the resolution to allow enough time to tour the area.
Wiederkehr said as the city grows, Fayetteville needs as many east-west connections as it can afford to build. He said he’ll support the project, but he doesn’t mind waiting to vote if that’s what the other council members want.
Bunch said she was ready to vote tonight. She said she’s in support of the project, partially because she believes if this connection had been made sooner it would’ve already solved some existing traffic issues on the surrounding streets. She understands that neighbors don’t want change, but the project has been on the master plan for many years.
The council voted 7-1 to table the resolution until Feb. 6. Stafford voted against.
Feb. 6 Discussion:
Some council members asked if there would be any changes to the Stearns/Vantage intersection as traffic increases. Staff said if necessary, yes. Some asked what the cost would be if only a trail was built instead of a road. Staff said it would be about $100,000 total. Others asked if the alignment of the road could be shifted away from the existing homes. Staff showed a diagram that included the alignment shifted a bit to the south away from the homes.
Berna said considering the new diagram that was presented tonight, he suggested tabling the item for another two weeks after tonight’s discussion to give the residents a chance to think about it. Stafford said he’d like to move forward with a vote tonight.
Staff said the diagram shown tonight is not an actual design of the project, but was meant to show that a realignment is possible within the space available. If the budget is approved, design would begin after that.
Three people spoke during public comment who said they’d prefer the connection not be made. Some said they thought it would make an unsafe traffic situation, one said they didn’t think it would help alleviate any traffic issues, and another said it was too costly of a project.
Turk said she agrees with Berna that the residents should have more time to look over the conceptual diagram.
Moore said tonight’s vote would only be about whether or not the connection is needed, not about the diagram or the design of the project. “The diligence has been done,” said Moore.
The council voted 6-2 to table the item for two weeks. Moore and Stafford voted against.
New Business
1. 2633 N. Gregg Ave. – Purchase agreement (Details)
A resolution to approve the purchase of property located at 2633 N. Gregg Ave. owned by Quality Life Associates, Inc. in the amount of $525,000.00 plus $10,000.00 for closing costs, and to approve a budget adjustment – 2019 Street Improvement Bond Project.
– Pass 8-0
A new railroad crossing planned at Futrall Drive and Gregg Avenue requires closing a nearby crossing that serves a single residence on Jocelyn Lane (see our story here.
The original plan was to extend the driveway to the home, but staff said that would require constructing a creek bridge which would push the total cost of the extension to over $1 million. To reduce the cost, staff have proposed purchasing the properties, which the owners agreed to at a cost of $525,000.
Location:
Discussion:
There was no public comment.
Decision:
The council voted unanimously to approve the resolution.
2. Woolsey Homestead – Asset transfer (Details)
A resolution to approve the transfer of the Woolsey Farmstead property from the Utilities Department to the Parks, Natural Resources, and Cultural Affairs Department, and to approve a budget adjustment.
– Pass 8-0
The city in 1999 purchased 316 acres on the west side of town. The land has since been used for a wastewater treatment facility and two solar arrays. It also includes the Woolsey Wet Prairie, the wetlands bank, the Woolsey farmstead, Woolsey cemetery, and an Urban Farm.
This resolution would transfer 27 acres from the Water & Sewer division to the Parks division so the land can be used for a recreational use. Here’s our story about the new park.
Location:
Discussion:
There was no public comment.
Decision:
The council voted unanimously to approve the resolution.
3. Spout Spring Historic District – Petition signature (Details)
A resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District petition agreeing that the city-owned property of the Yvonne Richardson Community Center shall be included within the Spout Spring Historic District.
– Tabled 8-0 until Feb. 20
This resolution is related to a proposal to establish a Black historic preservation district for the Spout Spring neighborhood. Specifically, this item would allow the city-owned Yvonne Richardson Community Center property to be included within the new district.
Location:
Discussion:
The council discussed whether city-owned easements need to be signed for since there are several within the proposed district. City Attorney Kit Williams said he doesn’t believe the state would require a signature for a property that isn’t developable since nobody would be living on it to be affected by it being added to a district.
Four people spoke in favor of the resolution.
The council first amended the resolution to make NWA Black Heritage the primary sponsor, and then voted 8-0 to table the item until Feb. 20 so some clarity can be obtained on the issue of the easement properties.
4. Urban Forestry Management Plan – Approval (Details)
A resolution to approve and adopt the Urban Forestry Management Plan.
– Tabled 8-0 until Aug. 6
This resolution would approve a new urban forestry management plan. Staff said last comprehensive urban forestry plan was completed in 2012.
“Much has changed in urban forestry since then,” said John Scott, the city’s urban forester, in a staff memo. “Our city has seen tremendous growth, there have been changes in species recommendations due to climate and new tree diseases, and we learn new things about trees regularly.”
Scott said considering those changes and that growth, it’s time to have an updated plan. The proposed plan would serve as a visionary document guiding improvements and setting goals and standards. It would include recommendations and tree-planting goals for the next 10 years.
Discussion:
The city’s urban forester requested the item be tabled until Aug. 6 to give the Urban Forestry Advisory Board a chance to weigh in on the plan.
There was no public comment.
5. Outdoor Refreshment Area – Amendments (Details)
An ordinance to amend §111.07 Outdoor Refreshment Area to amend the Evelyn Hills Outdoor Refreshment Area provisions, and to create provisions for suspending or revoking a business’s ability to participate in an outdoor refreshment area.
– Pass 8-0
This ordinance includes two amendments to the city’s Outdoor Refreshment Area regulations:
1. Changing the rules at the Evelyn Hills Shopping Center ORA to allow a customer to carry up to four drinks from a restaurant to their outdoor table. Currently, the law requires a person to purchase each drink individually and transport them one by one to a table.
2. Including a suspension or revocation clause for ORAs. Staff said the amendment is introduced not because of past non-compliance but as a proactive measure to ensure participating businesses within ORAs adhere to federal, state, and city laws and ordinances. It defines the grounds for suspending or revoking an ORA designation, and includes rules and procedures for an appeal.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
6. 2141 N. Green Acres Road – Raze and removal (Details)
A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Mullins Property Management LLC; c/o John Mullins located at 2141 North Green Acres Road in the City of Fayetteville, Arkansas; and to approve a budget adjustment in the amount of $10,644.00.
– Pass 8-0
This resolution would authorize the raze and removal of a home at 2141 N. Green Acres Road.
The property has been under scrutiny since April 2022. Initially owned by Rose Mary Austin, the property suffered fire damage, leading to a city code compliance investigation that revealed significant habitability issues. Despite attempts to work with Austin, the property was eventually sold to Mullins Property Management LLC, under John Mullins, who at first intended to demolish the structure. However, despite securing the building and discussing redevelopment plans with the city, staff said the structure remains unimproved and now is attracting vagrant activity. Staff said an inspection in October 2023 confirmed the building’s deteriorated state, with unsecured points of entry, structural damage, and no utilities. As redevelopment plans have fallen through, the city has advised the owner of the reopening of a raze and removal case against the property.
Location:
Discussion:
The property owner said the city won’t allow them to redevelop the property. City staff said there have been no applications submitted for any developments on the property.
There was no other public comment.
Decision:
The council voted 8-0 to approve the resolution.
7. Rezoning-2023-0030 – West of 2558 W. Valley Dr./Redbridge Development Ltd., 402 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-0030 for approximately 0.60 acres located west of 2558 West Valley Drive in Ward 2 from RSF-4, Residential Single-Family, four units per acre to RSF-8, Residential Single-Family, eight units per acre.
– Fail 0-8
This ordinance would rezone undeveloped property in west Fayetteville from RSF-4, Residential Single-Family, Four Units per Acre to RSF-8, Residential Single-Family, Eight Units per Acre.
City planning staff recommended denial of the request, but the Planning Commission voted 7-1 to recommend approval.
City staff said the requested zoning district is incompatible with the surrounding context and somewhat inconsistent with the goals in City Plan 2040. Planning commissioners cited the incremental increase in density, appropriateness of the allowed uses, and City Plan 2040 goals for infill and more compact development near services as reasons for voting in favor.
Location:
Discussion:
Two people spoke against the rezoning. One said redeveloping the property at a higher density could create a dangerous traffic situation and another said it could create water drainage issues.
Turk said more density could exacerbate drainage issues that already exist in the area.
Decision:
The council advanced the ordinance to the third reading, and voted 0-8 to deny it.
8. Rezoning-2023-0034 – West of S. Razorback Rd./Looney, 599 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-034 for approximately 3.06 acres located west of South Razorback Road near the Town Branch Trail in Ward 1 from NS-L, Neighborhood Services – Limited to R-A, Residential-Agricultural, and UT, Urban Thoroughfare.
– Pass 7-1
This ordinance would rezone undeveloped property in south Fayetteville from NS-L, Neighborhood Services – Limited to R-A, Residential-Agricultural and UT, Urban Thoroughfare.
Both city planning staff and the Planning Commission recommend approval.
Location:
Discussion:
Turk said she’s concerned about the allowable building height in the area.
There was no public comment.
Decision:
The council advanced the item to the third reading, and voted 7-1 to approve it. Turk voted against.
9. Appeal, Conditional Use Permit-2023-0171 – 1006 E. Sparrow Cir/Van Winkle, 603 (Details)
A resolution to grant the appeal of Council Members Scott Berna, Sarah Bunch, and D’Andre Jones and refer Conditional Use Permit CUP 2023-171 back to the Planning Commission to consider the application for a short-term rental at 1006 East Sparrow Circle in Ward 1.
– Fail 1-7
This resolution and also the one below are for properties on Sparrow Circle that were denied a conditional use permit for a short-term rental by the Planning Commission.
The property owner actually applied for permits for three homes in the neighborhood. One of those was approved, but the other two were denied.
Staff said despite being denied a permit in September, the property was still used as a short-term rental and a violation letter was sent to the owners and was later escalated to the city prosecutor in December.
The applicant is now requesting reconsideration of the denial due to some changes in condition and new circumstances.
Staff said they have not found evidence of changed conditions or new circumstances that would warrant a
reconsideration by the Planning Commission, so they are also recommending denial of the appeal. If approved, the application for the short-term rental would revert back to the Planning Commission for consideration.
Location:
Discussion:
Berna said he was disappointed because the applicant told him there were significant changes in condition, but that doesn’t appear to be the case at this point.
Bunch said one of the main reasons why only one of the applicant’s properties was permitted was because if the other two were approved, the short-term rental density would be too high for the subdivision, and that has not changed. Jones agreed.
There was no public comment.
Decision:
The council voted 1-7 to deny the appeal. Jones voted in favor.
10. Appeal, Conditional Use Permit-2023-0170 – 854 E. Sparrow Cir/Van Winkle, 603 (Details)
A resolution to grant the appeal of Council Members Scott Berna, Sarah Bunch, and D’Andre Jones and refer Conditional Use Permit CUP 2023-170 back to the Planning Commission to consider the application for a short-term rental at 854 East Sparrow Circle in Ward 1.
– Fail 1-7
This resolution and also the one above are for properties on Sparrow Circle that were denied a conditional use permit for a short-term rental by the Planning Commission. See the above item for background.
Location:
Discussion:
There was no public comment.
Decision:
The council voted 1-7 to deny the appeal. Jones voted in favor.
Meeting duration
This meeting lasted 4 hours and 32 minutes, and was adjourned at 10:02 p.m.
