Fayetteville City Council Agenda Session - June 9, 2026

This was an agenda session of the Fayetteville City Council, held on June 9, 2026, to review and discuss items scheduled for the next regular council meeting. The meeting covered numerous consent calendar items, a presentation on the Drake Field Terminal modernization, and a detailed discussion on a proposed ordinance to regulate data centers. No formal votes were taken, but council members provided direction and scheduled a tour of the recycling facility.

Consent Calendar

• A2: Purchase of petroleum-based oils and lubricants on an as-needed basis through December 31, 2026, within the approved budget.
• A3: Purchase of a walk-behind trench roller with attachments for the Water and Sewer Department from GW Van Keppel Company for $45,000.08, plus surcharges up to 10%, and a budget amendment.
• A4: Purchase of one excavator and attachments from J.A. Riggs Tractor Company for $104,746 (later corrected to $72,681? The transcript says $104,746, then "excuse me, 72681" – likely $72,681) under a cooperative contract plus surcharges up to 10%.
• A5: Purchase of one Ford F-150 hybrid from Alothe Ford Lincoln for $53,593 under a cooperative contract plus surcharges up to 10%.
• A6: Purchase of one set of portable traffic signals from OMJC Signal Inc. for $65,696.47 under a cooperative contract plus surcharges up to 10%, and a budget amendment. Councilmember Moore asked about capabilities (speed display) and usage; staff explained these are stop-and-go traffic lights for one-lane closures, initially on Rockwood Trail, and that purchasing was more cost-effective than renting.
• A7: Award of bid 2630 to Southern Brothers Construction LLC for $1,209,824 to construct an electrical switchgear facility at the Paul R. Noland Water Resource Recovery Facility, plus a project contingency of $120,982.40.
• A8: Amendment to the engineering services agreement with Hawkins Weir Engineers for $195,220 for additional services related to the switchgear improvements project. Staff explained these are linked to the switchgear replacement project, with equipment ordered over a year ago.
• A9: Award of RFQ 2601 to Garver LLC for $373,000 for design and construction administration services for Kessler Mountain Regional Park Phase 3 improvements, plus a $27,000 contingency. Councilmember Moore asked about overall project costs; staff estimated construction at around $4 million.
• A10: Second supplement to the agreement with Arkansas Department of Transportation for the Highway 112 (Poplar Street to Drake Street) project, accepting $500,000 in federal aid with a $125,000 city match, and a budget amendment.
• A11: Agreement with Black Hills Energy Arkansas for $302,040 for utility relocations at the Millsap Road and College Avenue intersection improvement project, plus a $17,960 contingency and a $320,000 budget amendment. Councilmember Moore asked about other utility impacts; staff noted this was a special contract due to the line predating city right-of-way, and that this cost should be eligible for 80% federal reimbursement.
• A12: Award of RFQ 26-1 selection four to Burns & McDonnell, Hawkins Weir, and Olson Associates for on-call drainage design services through June 30, 2027, within the approved stormwater utility budget. Council discussion focused on the threshold for council approval; staff clarified that work orders under the master service agreement within the budget do not require council action.
• A13: Amendment one to the contract with Olsen Inc. for $25,000 for grant application services for the railroad crossing elimination program.
• A14: Amendment to Resolution 6726 for the City Hall elevator contract with Otis Elevator to provide for sales tax payment and increase project contingency to $20,000. Councilmember Moore asked about long-term viability; staff stated this is a complete modernization with monitoring for future service.
• A15: Resolution to proceed with the Drake Field Airport Terminal Modernization Project – $200,000 for furniture and fixtures, plus $1,575.74 for furniture from the Norman Company under cooperative contracts, and a budget amendment. Jared presented renderings, noting the lobby hasn't been updated in 20 years, seating capacity will increase from 20 to 70, and the project is funded from the sales tax capital fund, not the airport operating budget. Councilmember Turk asked about budgeting and airport board review; Jared confirmed the board had seen multiple versions. Councilmember Moore questioned the comprehensive planning for the airport; Jared noted a master plan and business plan are due within weeks.
• A16: Purchase of an air compressor and fill station parts from Siddons Martin for $61,036.64 for the Fire Department under a cooperative contract.
• A17: Authorization to apply for a SAFER grant of $1,848,461 to hire 12 full-time firefighters. Chief Harden explained the grant covers 75% in year 1, 75% in year 2, and 65% in year 3, with the city paying 100% after. Councilmember Jones asked about past applications; Chief Harden noted Fayetteville has never received a SAFER grant, possibly because they previously asked for fewer personnel. Councilmember Moore expressed hesitation about long-term costs without full analysis; the Chief committed to providing cost projections before accepting the grant. The deadline to apply is June 22, 2026.

Public Comments & Testimony

• No public comments were presented during this agenda session.

Discussion Items

• Data Center Ordinance (D2, moved to D1): Councilmembers Berna and Whitaker co-sponsored an ordinance to move data centers from a use by right in I-2 General Industrial to a conditional use, with additional regulations on water, power, reporting, and noise. City Attorney Blake Pennington presented the proposed changes, including pre-approval reports on energy and water usage, prohibitions on open-loop cooling and evaporative cooling using potable water, requirements for utility certifications, and ongoing compliance duties. Councilmember Moore suggested adding provisions for waste management, thermal impact assessments, fire suppression plans, and third-party review. Councilmember Berna asked about accessory use exclusions (e.g., for hospitals, cities); staff confirmed that accessory data centers subordinate to the primary use would not be affected. Councilmember Whitaker emphasized the need to protect ratepayers from disproportionate utility impacts. Councilmember Jones asked about fee structures; staff explained that fees are codified and cannot be dynamically adjusted, but they could consider a tiered fee or reinspection fees. Staff also noted that state agencies (e.g., University of Arkansas) would not be subject to the zoning ordinance but could be regulated through water service agreements.
• Private Club Definition (D1): An ordinance to align the city's definition of a private club with state law, removing the requirement for an associated nonprofit. Councilmember Turk asked about interaction with the upcoming Oxbow private club application; staff clarified that the ordinance updates the definition to allow LLCs, which is necessary for the Oxbow application.
• Vacation of Easement (D3, moved to D1): Ordinance to approve vacation 26-6 for 15.6 square feet of general utility easement at 1660 East Cypress Lane. No questions.
• Walk-On: Land Acquisition for Buddy Hayes Park: Resolution to approve purchase of 1,720 square feet adjacent to Buddy Hayes Park from Tommy Flowers Davis Trust for $52,500, plus $10,000 contingency for closing costs, with a budget amendment using Southeast Quadrant Park Land Dedication funds. Councilmember Stafford suggested moving it to consent; all agreed.

Key Outcomes

• Consent Calendar: All items were discussed and are expected to be placed on the consent agenda for the next regular council meeting.
• Data Center Ordinance: The ordinance will be refined based on council feedback and brought back for a vote. A virtual meeting with the Environmental Action Committee (EAC) may be scheduled to incorporate their input.
• Private Club Definition: The ordinance will proceed to the next regular meeting for a vote.
• Vacation of Easement: Will be placed on the consent agenda.
• Land Acquisition: Will be placed on the consent agenda.
• Recycling Facility Tour: Scheduled for Monday, June 22, 2026, at 1:00 PM at the CARDS facility in Springdale, open to council members and EAC members.
• SAFER Grant Application: Council authorized the application; the deadline is June 22, 2026. Staff will provide long-term cost projections before any grant acceptance.