Fayetteville City Council recap: Dec. 1, 2020

File photo

On the agenda…

  • A contract needed for the replacement parking deck.
  • Studying trail economic development.
  • Several cost-share agreements.
  • Two rezoning requests on Hollywood Avenue.
  • A rezoning request for the Marinoni farm land.
  • A rezoning request on North Fletcher Avenue.
  • Changes to the code of the Fayetteville Arts Council.
  • Creating a Community Development and Assistance Programs Advisory Board.
  • Enacting short-term rental regulations.
  • COVID-19 safety requirements for holiday carriage ride companies.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 1, 2020. It is lived streamed on the city’s YouTube channel, and held virtually on the Zoom app due to social distancing measures in response to the COVID-19 pandemic.

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, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith
Absent: None

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial ReportPaul Becker

Notes: Becker said the report (which is for October sales) shows a 5% increase in sales tax over the budget and a 3% increase in revenues. Building permits have slowed a bit, but are still holding strong, he said.

Parking revenue is down 62% from the budget. HMR (hotel, motel, restaurant) taxes are down about 30%. Both decreases are likely due to the pandemic. The water and sewer fund is up slightly, but penalties are down because the city is not charging late fees due to the pandemic. Trash and recycling is down about 2% because of less commercial activity this year, but revenues are holding their own based on the budget, Becker said.

“As far as budgetary, we’re doing very well considering the circumstances,” said 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 Nov. 17, 2020 City Council Meeting minutes
Pass 8-0

2. GFAR Lessee LLC d/b/a Graduate Fayetteville (Details): A resolution to approve an amendment to the lease agreement with GFAR Lessee LLC d/b/a Graduate Fayetteville by retroactively reducing the number of leased parking spaces in the Meadow Street Municipal Parking Deck for the period from April 1, 2020 to June 30, 2020, and to extend the lease agreement for one additional seven-year term through 2033.
Pass 8-0

3. Southwestern Electric Power Company (Details): A resolution to approve a memorandum of agreement with Southwestern Electric Power Company to provide at its own costs all materials and labor needed to move the overhead electrical service to underground service along West Avenue to satisfy any and all the damages the city suffered to electrical equipment in City Hall and the Police Station from faulty transformer voltage surges.
Pass 8-0

4. I-49 and MLK partnering with ARDOT (Details): A resolution to express the intention of the City Council of the City of Fayetteville to work with the Arkansas Department of Transportation to complete improvements to the I-49 and Martin Luther King Jr. Boulevard interchange.
Pass 8-0

5. McClelland Consulting Engineers, Inc Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the contract with McClelland Consulting Engineers, Inc in the amount of $18,725.00 to provide additional design services associated with the West Center Street and North Harmon Avenue Intersection Project – 2019 Street Improvements Bond Project.
Pass 8-0

6. Fayetteville Police Department Policies (Details): A resolution to approve Fayetteville Police Department policies 33.1 Training; 41.3.5 Grooming and Uniform Requirements; and 46.1.2 Critical Incidents.
Pass 8-0

7. Electric Motor Center (Details): A resolution to accept a quote in the amount of $22,536.50 plus applicable taxes and freight charges from Electric Motor Center for the repair of an influent pump at the Noland Water Resource Recovery Facility.
Pass 8-0

8. Bid #20-81 Paladino Painting Co., LLC (Details): A resolution to award Bid #20-81 and authorize a contract with Paladino Painting Co., LLC in the amount of $107,575.00 for construction related to the removal and replacement of various secondary containment liner systems at the Noland Water Resource Recovery Facility.
Pass 8-0

9. Dustin Davis and Ryan Youngblood Davis (Details): A resolution to approve a land sale agreement between the City of Fayetteville and Dustin and Ryan Youngblood Davis to acquire about 0.72 acres of land located near Fire Tower Road/County Road 4343 for the construction of a new Benson Mountain water supply tank in exchange for a payment of $23,000.00 plus closing costs, the conveyance of a city-owned 0.06 acre parcel, and other consideration.
Pass 8-0

10. (Details): Bid #20-83 Crossland Heavy Contractors, Inc. – 2019 Transportation Bond Project: a resolution to award Bid #20-83 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of the Sain Street Extension Project, to approve a project contingency in the amount of $438,086.00, and to approve a budget adjustment – 2019 Street Improvements Bond Project.
Pass 8-0

11. Burns & McDonnell Engineering Company Inc. Supplement Agreement No. 2 (Details): A resolution to approve Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086.00 for construction management services associated with the Sain street Extension Project.
Pass 8-0


Unfinished Business

1. RFQ-19-01 Olsson, Inc. Amendment #2 (Details)

A resolution to approve Amendment No. 2 to the professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment – 2019 Cultural Arts Corridor Bond Project.
Tabled 8-0

Background:
This item was tabled at the Nov. 17 meeting.

The work is related to a replacement parking deck near the intersection of Dickson Street and West Avenue.

From a staff memo:

This amendment includes the Balance of the Architectural Services for the Architectural Elements of the Deck and West Avenue Police Substation including Design Development, Construction Drawings, Bidding and Negotiation, and Construction Administration. It also includes the structural Design of the Colonnade, Survey and platting.

Nov. 17 Discussion:
Staff requested this item be tabled until the next meeting to allow more time to get an acceptable contract. The discussion will continue on Dec. 1.

Dec. 1 Discussion:
Mayor Jordan requested this item be tabled again until the next meeting to allow more time to work on the contract. The discussion will continue on Dec. 15.


New Business

1. Bank of Fayetteville/Depot Lot Site (Details)

An ordinance to approve a contract with the Bank of Fayetteville, Greg House, Fayetteville Depot, LLC (and possibly Ted Belden) to purchase about one-half acre in the Depot/Bank Lot for $350,000.00, to approve a lease-to-own arrangement with Greg House for the 0.2-acre lot on the north end of the Civic Plaza, to agree to convey to Greg House the ownership of about 14,000 square feet of the bottom floor of the city’s public parking deck and other items, and to pass an emergency clause.
Left on the first reading

Background:
This contract will authorize a land purchase needed for the replacement parking deck to allow the project to move forward and expedite the completion prior to beginning the Arts Corridor Civic Plaza Project.

Dec. 1 Discussion:
City staff shared the following updated conceptual images of the new deck (see PDF here):

City Attorney Kit Williams said the contract is not ready to be approved. He said more time is needed to make adjustments to both sides of the deal.

There was no public comment.

The council agreed to hold the item on the first reading. The discussion will continue on Dec. 15.


2. Express Intent for Trail Economic Development (Details)

A resolution to express the intent of the City Council to study and develop ordinances to regulate and promote trail economic development in the City of Fayetteville.
Tabled 5-3

Background:
Staff said trailside economic development initiatives have led to heightened interest from developers as trail systems expand and citizens increase usage. Additionally, as the Covid-19 pandemic continues to create an impact in the way people work and live, they are increasingly utilizing active transportation corridors. Staff said many cities have increasingly focused on improving their economic resiliency and have sought opportunities to maximize their potential growth associated with trailside development. Transforming and repurposing undeveloped trailside parcels has generated renewed investment and revitalization from citizens and developers alike, according to a staff memo. Trail systems tend to be the “ultimate convergent point” of transportation and economics and can quickly become catalysts for sustaining healthy, interconnected and resilient cities, the memo states.

Discussion:
Staff requested this item be tabled until the first meeting in January to allow time to make some necessary changes to the proposal.

The council agreed, and voted 5-3 to table the item until Jan. 5. Marsh, Petty and Smith voted against.


3. Fayetteville Youth Center, Inc. (Details)

An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2021.
Pass 8-0

Background:
The city has provided financial support for the Fayetteville Youth Center since 1967. This contract is for the operations of the Fayetteville Boys and Girls Club through 2021.

Discussion:
There was no public comment.

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


4. Area Agency on Aging of Northwest Arkansas (Details)

An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080.00 to provide public recreation services for the senior citizens of Fayetteville for 2021.
Pass 8-0

Background:
Since 1972, the city has provided financial support to the Area Agency on Aging of Northwest Arkansas for recreation services for senior citizens at the Hillcrest Towers. In 2003, after the Walker Park Senior Activity and Wellness Center was built, the center was added to the contract. This contract would continue those services through 2021.

Discussion:
Angela Belford, executive director of the Fayetteville Housing Authority, spoke in favor of continuing the services for seniors.

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


5. 2021 Seven Hills Homeless Center Funding (Details)

An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $113,400.00 for services to homeless and needy residents in Fayetteville in 2021.
Pass 8-0

Background:
Seven Hills has provided services to homeless and needy residents in Fayetteville for over 18 years. It is a not-for-profit organization that has relied almost exclusively on private donations for operational funding during that period.

This contract would provide funding to maintain the operations of the day center by Seven Hills. The money would be paid in monthly disbursements of $9,450 each month beginning in January 2021.

Discussion:
Mayor Jordan thanked the council for their continued support of Seven Hills.

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


6. Mike Parker Cost Share Agreement (Details)

An ordinance to waive formal competitive bidding and approve a cost share agreement with Mike Parker for construction of a sewer line along a portion of North Shady Lane and a portion of property north of West Holly Street with a refund in an amount not to exceed $40,885.19 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $8,177.04.
Pass 8-0

Background:
Mike Parker has requested that the city share in the cost of constructing an 8-inch sewer main along a portion of North Shady Lane between North Vandeventer Avenue and North Woolsey Avenue, and a portion of undeveloped property north of West Holly Street., a distance of approximately 548 feet, so that the area north of West Holly Street can be developed.

Location:

Discussion:
There was no public comment.

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


7. NWA LD, LLC Cost Share Agreement (Details)

An ordinance to waive formal competitive bidding and approve a cost share agreement with NWA LD, LLC for the upsizing of a planned sewer creek crossing associated with Crystal Springs Subdivision Phase IV with a refund in an amount not to exceed $26,670.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $5,334.00.
Pass 8-0

Background:
Rausch Coleman Homes is developing a subdivision called Crystal Springs IV in Fayetteville. The development requires an 8-inch sewer main and creek crossing at Hamestring Creek. Staff said it would be in the best interest of the city to upsize this to a 12-inch sewer main to allow for future development.

Location:

Discussion:
There was no public comment.

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


8. 23 W. 5th Street QOZB, LLC Cost Share Agreement (Details)

An ordinance to waive formal competitive bidding and approve a cost share agreement with 23 W. 5th Street QOZB, LLC for the extension of a sewer line near the corner of South Block Avenue and West 5th Street with a refund in an amount not to exceed $16,898.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $3,379.60.
Pass 8-0

Background:
23 W 5th Street QOZB, LLC is developing a lot along the alley that lies south of 5th Street and east of Block Avenue. Staff said the sewer line needs to be extended to facilitate this development.

Location:

Discussion:
There was no public comment.

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


9. Amend 50.40 Rates for Services (Details)

An ordinance to amend § 50.40 Rates for Services of the Fayetteville City Code to change the commercial cart size from 95 gallon to 96 gallon and to enact a lease fee for those carts.
Pass 8-0

Background:
The city has been selling 95-gallon carts to commercial customers, but they are built in such a way that they cannot be repaired when damaged even minimally, so they are forced to purchase another cart. Staff have suggested using the same 96-gallon cart that is currently being used for residential collection. This cart can easily be repaired parts are damaged like the lid, wheels and dump bar. Additionally, staff recommend assessing a lease fee of $2.00 per month to cover the cost of repair and replacement during the lifecycle of the cart. Staff said this would prevent customers from having to pay a higher cost up front to purchase new carts and help them manage the repair, removal, or disposal of damaged carts.

Discussion:
There was no public comment.

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


10. RZN-2020-016 (1011 S. Hollywood Ave./Watson) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20- 016 located at 1011 S. Hollywood Ave. for approximately 1.3 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services.
Pass 8-0

Background:
This property contains six parcels, Lots 1 thru 6 of the Westwood Addition, which was platted in 1946. Three lots, 1011, 1013, and 1037 S. Hollywood have single-family dwellings; the others are undeveloped. The street has seen other rezoning activity; 1038 S. Hollywood Avenue, directly across the street to the east, was rezoned to CS, Community Services by City Council on Oct. 20, 2020. The applicant has also requested to rezone 907 S. Hollywood Street to the north, which is the next item on the agenda.

Both city staff and the Planning Commission recommend approval of the request.

Location:

Discussion:
There was no public comment.

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


11. RZN 2020-019 (907 S. Hollywood Ave./Watson) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20- 019 located at 907 S. Hollywood Ave. for approximately 0.3 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services.
Pass 8-0

Background:
This property is north of the previous agenda item land (see above description of the area).

Both city staff and the Planning Commission recommend approval of the request.

Location:

Discussion:
There was no public comment.

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


12. RZN 2020-014 (SE of I-49 & Wedington Dr./Marinoni Farm) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20-014 located southeast of I-49 and Wedington Drive for approximately 112.85 acres from RSF-4, Residential Single Family, 4 units per acre; RMF-24, Residential Multi Family, 24 units per acre; R-O, Residential Office; and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services.
Left on the first reading

Background:
This property is just east of I-49 at the interchange with Wedington Drive. It is the site of the Marinoni farm, and is primarily rural and agricultural in nature. The site contains four parcels and includes at least one home constructed in 1926, with associated outbuildings and cattle pastures. The property consists of a variety of zoning districts, ranging from commercial to low-density residential. The applicant has not submitted an associated development proposal, but has indicated the intention is to develop it as mixed-use.

Both city staff and the Planning Commission recommend approval of the request.

Location:

Discussion:
One person who spoke asked how flooding would be handled in the area, and how traffic issues could be improved. Staff said the potential for flooding would be addresses whenever the property is eventually developed, and that changes are coming to the nearby area when the state transportation department redesigns the I-49 interchange to be safer and more convenient.

Three people spoke against the request, citing concerns about increased traffic, noise and density if the property were to be developed. One person said they’d prefer to continue seeing horses on the undeveloped property rather than buildings.

Council Member Turk said she’d like to hold the item on the first reading to allow more time for public input. Smith and Scroggin said they’d prefer to see a Planned Zoning District request for the property instead of a standard rezoning.

The council agreed to leave the item on the first reading. The discussion will continue on Dec. 15.


13. RZN-2020-018 (310 & 325 N. Fletcher Ave./McDonald) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20- 018 located at 310 and 325 N. Fletcher Ave. for approximately 0.92 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre.
Left on the first reading

Background:
This property is located east of downtown, on the west slope of Mount Sequoyah at the northeast corner of Fletcher Avenue and Dickson Street. It includes three parcels along Fletcher. The northernmost parcel is undeveloped while each of the other two include a single-family dwelling. The property includes two built street frontages, Fletcher and Dickson to the west and south, and access to an undeveloped section of Summit Avenue’s right-of-way to the east. Although specific development details have not been provided, staff said the applicant has said that rezoning the property as requested will allow for single-family construction “that is complimentary to the character of the existing neighborhood.”

Both city staff and the Planning Commission recommend approval of the request.

Location:

Discussion:
Three people spoke against the request. Council Member Kinion said he’d like to hold the item on the first reading to allow more time for public input. Marsh said she’s in favor of the request, but agreed that it would be a good idea to hold off on voting for two weeks. The discussion will continue on Dec. 15.


14. Amend § 33.341 Purpose and §33.342 Powers and Duties (Details)

An ordinance to amend § 33.341 Purpose and §33.342 Powers and Duties of Article XXII Arts Council of the Fayetteville Code.
Pass 8-0

Background:
This would enact changes to the rules that make up the Arts Council. Read the full document here. The changes would give the council the ability to provide recommendations on public art in the city. Under the proposal, city officials would not be required to consult the council unless the project had a budget of over $5,000.

Discussion:
Marsh said the council has been working on this request for a long time, and as representatives of the arts community are eager to provide advice on their areas of expertise.

There was no public comment.

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


15. Enact Article XXXI Community Development and Assistance Programs Advisory Board (Details)

An ordinance to enact Article XXXI Community Development and Assistance Programs Advisory Board in Chapter 33 Departments, Boards, Commissions and Authorities of the Fayetteville Code.
Pass 8-0

Background:
This would create an advisory board to make recommendations on prioritization of community development initiatives and give advice on the proposed use of Community Development Block Grant money and other grant funds.

City Attorney Kit Williams suggested adding a delayed effective date to allow staff time to make changes to the city’s Citizen Participation Plan, as required by the U.S Department of Housing and Urban Development (HUD).

Discussion:
Several people spoke in favor of the ordinance.

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


16. Short-term Rental Regulations (Details)

An ordinance to amend §118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, § 162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code to classify the types of short-term rentals and create regulations to permit and inspect the rentals.
Tabled 7-0

Background:
A short-term rental is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a month. It is estimated that there are approximately 500-600 STR units in Fayetteville. However, Fayetteville’s codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. In July of 2019 the council adopted a resolution directing staff to study and develop an ordinance for STRs for their consideration.

This proposal has support from city staff and the Planning Commission.

Here are the overview slides presented tonight:

Several people spoke during public comment, some who were in favor and others who were against. Some of those against said the rules were too overbearing and would make it difficult for people to operate short-term rentals. Others said they’d like to see the proposal be changed in some places, particularly the limit of eight people per residence.

A few council members also said they’d like to see some fine-tuning. Staff agreed, and said they would work more on the proposed language.

Turk and Scroggin suggested tabling the issue until the first meeting in January. The council agreed, and voted 7-0 to table until Jan. 5. Petty’s vote wasn’t audible.


17. Coronavirus Safety Protections and Improvements (Details)

An ordinance to clarify that coronavirus safety protections and improvements may be required before renewing a Certificate of Public Convenience and Necessity, and to approve an emergency clause.
Pass 8-0

Background:
This change is proposed to ensure companies providing holiday carriage rides follow guidelines from the CDC, state health department and city board of health during the coronavirus pandemic. It would require face masks for all customers during their ride, limit occupancy to only members of a single household family, require social distancing for customers waiting in line, and require the operator to disinfect the carriage between rides.

Discussion:
There was no public comment.

Decision:
The council advanced the item to the final reading and voted 7-0 to approve it. Petty’s vote wasn’t audible.


Adjourned

This meeting was adjourned at 11:10 p.m.

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