LIVE UPDATES: Fayetteville City Council recap: Nov. 2, 2021

Fayetteville Government Channel

On the agenda…

  • Filling a vacancy on the City Council in Ward 2.
  • Rezoning 0.5 acres on Happy Hollow Road.
  • Rezoning 20.4 acres on Old Farmington Road.
  • Rezoning 1 acre on 54th Avenue.
  • Rezoning 0.31 acres on South College Avenue.
  • Increasing the short-term rental grace period by three months.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Nov. 2, 2021. It is lived streamed on the city’s YouTube channel, and held at City Hall in Room 219, or virtually on Zoom.

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 Harvey, D’Andre Jones*, Mark Kinion, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

* Jones arrived after the Consent Agenda vote

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

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. 19, 2021 City Council meeting minutes
Pass 6-0

2. Midland Industrial Services, LLC (Details): A resolution to approve a change order to the contract with Midland Industrial Services, LLC for additional services on the Noland Water Resource Recovery Facility electrical upgrade project in the amount of $1,920.44.
Pass 6-0

3. Budget Adjustment for Water Purchases (Details): A resolution to approve a budget adjustment in the amount of $1,000,000.00 for the purchased water account due to increased water usage.
Pass 6-0

4. Environmental Consulting Operations, Inc. (Details): A resolution to approve Amendment No. 8 to the contract with Environmental Consulting Operations, Inc. in the amount of $65,500.00 for wetlands mitigation site monitoring and management in 2022.
Pass 6-0

5. Washington Water Authority (Details): A resolution to approve an agreement with Washington Water Authority to provide customer usage information.
Pass 6-0

6. Bid #21-64 Bertrem Products, Inc. (Details): A resolution to award Bid #21-64 and authorize the purchase of a water pump for the Noland Water Resource Recovery Facility from Bertrem Products, Inc. in the amount of $38,528.45 plus applicable taxes.
Pass 6-0

7. Pinnacle Ozone Solutions, LLC (Details): A resolution to approve a one-year renewal of the ozone equipment service contract with Pinnacle Ozone Solutions, LLC in an amount not to exceed $24,920.00 for the ozone disinfection system at the Noland Water Resource Recovery Facility.
Pass 6-0

8. Bid #21-36 Aracrebs II, LLC d/b/a Elite Building Solutions (Details): A resolution to award Bid #21-36 and authorize a one-year contract with Aracrebs II, LLC d/b/a Elite Building Solutions for HVAC services on an on-call basis with automatic renewals for up to four additional years.
Pass 6-0

9. Bid # 21-72 Comfort Systems USA (Arkansas) (Details): A resolution to award Bid No. 21-72 and authorize a contract with Comfort Systems USA (Arkansas), Inc. for plumbing services on an on-call basis for a term of one year with automatic renewals for up to four additional one-year terms.
Pass 6-0

10. Arkansas Department of Environmental Quality Grant (Details): A resolution to authorize acceptance of a 2021 Arkansas Department of Environmental Quality grant through the Boston Mountain Solid Waste District in the amount of $8,000.00 for the purchase of recycling dollies, and to approve a budget adjustment.
Pass 6-0

11. Arkansas Department of Transportation (Details): A resolution to approve a budget adjustment in the amount of $31,575.16 recognizing revenue from Walk On Properties, LLC, and to authorize a payment to the Arkansas Department of Transportation in the amount of $31,575.16 for construction of a 400-foot section of the Shiloh Trail.
Pass 6-0

12. Additional 100LL Fuel Request (Details): A resolution to approve a budget adjustment in the amount of $60,000.00 for the purchase of additional 100LL fuel through the end of 2021.
Pass 6-0

13. 2021 Justice Assistance Grant (Details): A resolution to authorize acceptance of a 2021 Justice Assistance Grant in the total amount of $54,909.00 which will be used to purchase law enforcement training and equipment for the Fayetteville Police Department and the Washington County Sheriff’s Office, and to approve a budget adjustment.
Pass 6-0

14. 2022 Jail Services Fee Agreement (Details): A resolution to approve the per capita jail fee agreement with Washington County for jail services in 2022 in the amount of $76,421.40.
Pass 6-0

15. 2021 Bulletproof Vest Partnership Program (Details): A resolution to authorize acceptance of a matching grant award from the 2021 Bulletproof Vest Partnership Program in the amount of $11,999.70 for the replacement of body armor vests and outfitting new officers for Fayetteville police officers, and to approve a budget adjustment.
Pass 6-0

16. Fleet Office Expansion Project (Details): A resolution to approve a budget adjustment reappropriating funds in the amount of $10,000.00 from the Fleet Shop Expansion Project to the Fleet Office Expansion Project.
Pass 6-0

17. Additional Fleet Fuel Purchase (Details): A resolution to approve a budget adjustment in the amount of $117,000.00 for the purchase of additional fleet fuel through the end of 2021.
Pass 6-0

18. Tips Cooperative Purchasing Contract (Details): A resolution to authorize the purchase of video security networking equipment, software, and services from authorized resellers, pursuant to a tips cooperative purchasing contract, on an as needed basis through July 31, 2024 and any future renewal periods.
Pass 6-0

19. Nelson Byrd Woltz, LLC Change Order No. 5 (Details): A resolution to approve Change Order No. 5 to the contract with Nelson Byrd Woltz, LLC in the amount of $395,009.00 to provide professional landscape architecture services for the early package of the Upper Ramble and additional construction administration services for the Lower Ramble in the Cultural Arts Corridor Bond Project, and to approve a budget adjustment.
Pass 6-0


Unfinished Business

1. RZN-2021-065 (481 S. Happy Hollow Rd./Fulton) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-065 located at 481 S. Happy Hollow Road for approximately 0.51 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single Family, 18 units per acre.
Pass 5-3

Background:
This item was left on the first reading at the Oct. 19 meeting.

The property is at the northwest corner of Happy Hollow Road and 5th Street. It is developed with a single-family home. The property slopes from a high point near the northwest corner to the southeast at a gradual, 8% slope. Though the applicant has not submitted a specific development plan, their request letter suggests they would like to divide the parcel into four separate lots for the development of single-family residences.

Both the Planning Commission and city staff are in favor of the request.

Location:

Oct. 19 Discussion:
During public comment, two people spoke against the request and said they don’t think the four proposed homes are compatible with the area.

Turk suggested touring the area, and holding the ordinance on the first reading.

The discussion will continue on Nov. 2.

Nov. 2 Discussion:
During public comment, one person spoke against the request and one spoke in favor.

Jones said he toured the area and spoke with neighbors who believe there are traffic and parking problems in the area along Happy Hollow Road that would be compounded if this property were rezoned and eventually developed. Jones read a letter out loud from the neighbors that describes their concerns, including worries about large homes being built on the property.

Bunch said the current zoning allows very large homes, but the requested zoning would allow several smaller homes.

Kinion said it’s important to keep an eye on traffic in the area as it grows, but tonight he will support the request.

Scroggin said he thinks the request is a reasonable ask for the area.

Turk said she thinks the request is too much for the neighborhood at this time, and she would prefer RSF-8.

Jones said he is inclined to support the request, but he doesn’t want the neighbors to think the city has forgotten about them and the issues the area is facing.

Mayor Jordan said the council has two committees – Transportation and Water & Sewer – that can address issues in neighborhoods. He said there are council members on each of those committees and their job is to make recommendations to the full council about potential projects.

Decision:
The council advanced the ordinance to the third reading, and voted 4-3. Mayor Jordan initially declined to vote so the ordinance was set to fail, but Jordan immediately said he actually wanted to vote in favor, so the council reconsidered the decision and voted 5-3 with Jordan casting the fifth vote needed to pass the ordinance. Turk, Harvey and Jones voted against.


New Business

1. RZN-2021-070 (796 N. 54th Ave./PBS Properties): (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-070 located at 796 N. 54th Ave. for approximately 1.01 acres from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 units per acre to RMF-6, Residential Multi-Family, 6 units per acre.
Pass 5-3

Background:
The property is located just south of the intersection of 54th Avenue and Wedington Drive, and is currently developed with one single-family home. Development on the property predates the annexation of this area into the city in the 1980s. At that time, the surrounding area was primarily zoned R-A by default as a result of annexation. The property to the southeast was rezoned to RMF-6 in 2004 with a Bill of Assurance limiting development on the site to single- and two-family dwellings, totaling no more than 20 individual units. The applicant has stated that rezoning this property would allow them to build duplexes by-right and extend the existing development along Clevenger Drive, which is a private street.

Both city planners and the Planning Commission recommend approval.

Staff said the city has not received any public comment about the request.

Location:

Discussion:
There was no public comment.

Turk said she won’t support the request, not because it’s incompatible with the area, but because the property is located within the flood plain.

Kinion said he also will vote against the request.

Decision:
The council advanced the item to the third reading, and voted 5-3 to approve it. Mayor Jordan cast the fifth vote needed to pass the ordinance. Turk, Harvey and Kinion voted against.


2. RZN-2021-072 (3220 W. Old Farmington Road/Stricklin) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-072 located at 3220 W. Old Farmington Road for approximately 20.40 acres from R-A, Residential Agricultural and 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:
The property is located on the south slope of Millsap Mountain and north side of Old Farmington Road. The site slopes downward from its northern boundary to the two small ponds located roughly halfway to Old Farmington Road to the south. Between these ponds and Old Farmington Road, the site becomes more level. Approximately 6-7 acres of the property’s northern extent is designated as Hillside-Hilltop Overlay District in association with the terrain and tree canopy present. Another site characteristic includes a protected, unnamed tributary of the Farmington Branch which runs parallel to the western property line. In 2019, a request to rezone the property to NS-G, Neighborhood Services, General, was proposed. Staff recommended denial and the Planning Commission expressed concerns that prompted the applicant to ultimately table the request indefinitely. The applicant has not submitted development plans for the property, though the request letter says the intent of the rezone is to allow a cluster housing development. The applicant has suggested that a conditional use permit to that effect would follow if the rezoning is successful.

Both city planners and the Planning Commission recommend approval.

Staff received one phone call inquiry about the proposal, but the person did not issue any specific comments or concerns with the request.

Location:

Discussion:
Harvey said she’d like to hold the item on the first reading to allow more time for consideration. The discussion will continue on Nov. 16.


3. RZN-2021-071 (710 S. College Ave./Cedarwood Group) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-071 located at 710 S. College Ave. for approximately 0.31 acres from NC, Neighborhood Conservation to DG, Downtown General.
Pass 7-0

Background:
The property is adjacent to Walker Park on the east side of South College Avenue, and includes an 1,800-square-foot automotive mechanics garage which was built in 1955. Prior to 2008, the 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, the property was rezoned to NC, Neighborhood Conservation. Since then, the building has sat vacant. The applicant has noted that approval of the request will afford an opportunity for appropriate commercial infill.

Both city planners and the Planning Commission recommend approval.

Staff said they received one email from an individual who expressed their support for the request.

Location:

Discussion:
Turk said she’s concerned about Downtown General because it allows up to five stories instead of the current maximum of three.

The applicant said the plan is to leave the building intact, but to improve upon it so it’s not so much of an eyesore. He said he’s been speaking with some local creative groups about potentially using the building as an office.

Harvey said she lives in the neighborhood and would like to see some commercial activity in the area, so she’ll support the request.

Decision:
The council advanced the item to the final reading, and voted 7-0 to approve it.


4. Amend §34.23 Purchases and Contracts Not in Excess of $20,000.00 (Details)

An ordinance to amend §34.23 Amend §34.23 Purchases and Contracts Not in Excess of $20,000.00 to increase the competitive bidding threshold for goods and services to $35,000.00 and to enact §34.24 Contracts for Public Improvements Not in Excess of $50,000.00.
Pass 7-0

Background:
State law was recently amended to allow municipalities to increase bidding thresholds up to $35,000.00 for goods and services, and up to $50,000.00 for construction contracts or public improvement contracts.

The last time the city increased thresholds was 16 years ago when the limit was increased from $10,000.00 to $20,000.00.

Staff said this increase would help streamline operations, increase staff efficiency and speed up processing time for end user departments and divisions to procure goods and services. The proposed increase, staff said, is the same as other large cities in Arkansas, including Little Rock. Staff said Springdale and Bentonville recently passed similar ordinances.

Discussion:
This item was initially skipped because a staff member was having issues with a microphone. The discussion continued after agenda item no. 5.

There was no public comment.

Decision:
The council advanced the item to the final reading, and voted 7-0 to approve it.


5. Amend §118.01 Applicability and §163.18 Short-term Rentals (Details)

An ordinance to amend §118.01 Applicability of the Fayetteville City Code and §163.18 Short-term Rentals of the Unified Development Code to extend the short-term rental start-up period from six months to nine months.
Left on the first reading

Background:
Fayetteville’s recently approved short-term rental ordinance included a six-month start-up period to allow time for owners of short-term rentals to come into compliance with the new regulations. Staff said they have since received 240 applications, of which 69 have been approved. Given the large number of applications still in review, totaling over 70% of the total received, staff recommends giving applicants and staff additional time through a three-month extension of the start-up period, for a total of nine months.

Discussion:
Hertzberg said she would like to leave the item on the first reading to bring more awareness to the issue. The discussion will continue on Nov. 16.


6. Ward 2, Position 2 Vacancy (Details)

A resolution to call a special election to fill a vacancy of the City Council member for Ward 2, Position 2 of the City of Fayetteville.
Pass 7-0

Background:
Matthew Petty resigned last month, leaving a vacancy in the Ward 2, Position 2 seat on the City Council. According to state law, the remaining council members must either elect a new member to serve the remaining unexpired term or call for a special public election. An option must be chosen at the first regular meeting after the occurrence of the vacancy, which is tonight.

A new state law only allows special elections to be held in Arkansas on the second Tuesday of either February, May, August or November in a non-presidential election year, which means Feb. 8 is the first opportunity for a special election.

Seven people submitted letters of interest for the vacant Ward 2 seat including Leslie Belden, Kyle Cook, Troy Gittings, Bonnie Miller, Kristen Scott, Mike Wiederkehr and Sygnus Adun.

» See the letters of interest

Discussion:
City Attorney Kit Williams said the first decision the council must make is which direction it wants to go.

Kinion immediately moved to call a special election.

Scroggin seconded the motion, and said while the people who have expressed interest would make good candidates, he thinks the citizens need to decide who should serve the remaining three years.

Bunch said with an upcoming budget session, she wishes the council could fill the vacancy now and then call a special election afterwards, but she knows that’s not an option so she supports the election.

Jones asked how much a special election costs. City Attorney Kit Williams said city-wide special elections can cost between $16,000-$20,000, but with voting only taking place in Ward 2, the cost could be significantly lower.

Hertzberg said regardless of the cost, it’s money well spent.

Decision:
The council voted 7-0 to call for a special election. Filing for the election will begin Nov. 12 and last through 12 p.m. on Nov. 29.


Adjourned

This meeting was adjourned at 7:55 p.m.

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