Fayetteville City Council recap: Dec. 7, 2021

Fayetteville Government Channel

On the agenda…

  • Annexing and rezoning 100 acres off Black Oak Road.
  • Adopting the 2022 budget.
  • Pay raises for some Water and Sewer staff.
  • Renaming a street in honor of Stephen Carr.
  • An updated contract for the downtown parking deck.
  • Rezoning 51 acres on Dead Horse Mountain Road.
  • Rezoning 5 acres on Deane Solomon Road.
  • Rezoning about 10 acres on Double Springs Road.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 7, 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: D’Andre Jones, Mark Kinion, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: Sonia Harvey

» View current attendance records


Mayor’s Announcements, Proclamations and Recognitions

1. UCI Bike City Designation Award Recognition – By Experience Fayetteville CEO Molly Rawn

Background:
Fayetteville earlier this year was awarded the designation of Bike City by the Union Cycliste Internationale (UCI), the world governing body of cycling. It was the first time a city in the United States has received the award.

Experience Fayetteville CEO Molly Rawn traveled to Denmark to receive the award, which she presented to Mayor Jordan at tonight’s meeting.

Rawn presents the award to Mayor Jordan / Fayetteville Government Channel

2. Award Recognizing Former A&P Commissioner Robert Rhoads – By Council Member Sarah Bunch

Background:
Robert Rhoads, a former Fayetteville Advertising and Promotion Commission member and eight-year member of the Fayetteville City Council in Ward 3, received an award for his dedication to the community through the years.

Rhoads speaks after receiving the award / Fayetteville Government Channel


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – By Finance Director 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 Nov. 16, 2021 City Council meeting minutes
Pass 6-0

2. Police Department Policy 16.2.3 Temporary Light Duty (Details): A resolution to approve Fayetteville Police Department Policy 16.2.3 Temporary Light Duty
Pass 6-0

3. Police Parking Lot Security (Details): A resolution to approve a budget adjustment in the amount of $100,000.00 to pay for additional fencing, lighting and other security improvements to the city-owned parking lots at the corner of Block Avenue and Rock Street.
Pass 6-0

4. Garver, LLC Amendment No. 1 – 2019 Transportation Bond (Details): A resolution to approve Amendment No. 1 to the professional engineering services agreement with Garver, LLC in the amount of $976,235.00 for additional design services associated with the South School Avenue and College Avenue Corridor Improvements Project, and to approve a budget adjustment – 2019 Transportation Bond.
Pass 6-0

5. Community Access Television, Inc. d/b/a Your Media (Details): A resolution to approve a contract with Community Access Television, Inc. d/b/a Your Media in the amount of $198,500.00 for the provision of public access television services and the operation of the public access television channel through 2022, contingent on approval of the 2022 Annual City Budget and Work Program.
Pass 6-0

6. Airport Rescue Grant (Details): A resolution to authorize the acceptance of an Airport Rescue Grant from the Federal Aviation Administration in the amount of $59,000.00, and to approve a budget adjustment.
Pass 6-0

7. Graybar Electric Company, Inc. (Details): A resolution to approve the purchase of electrical, lighting, data communications and security products and related products, services and solutions from Graybar Electric Company, Inc., pursuant to an Omnia Partners cooperative purchasing contract, on an as-needed basis through Jan. 31, 2023, and any future renewal periods.
Pass 6-0

8. Budget Adjustment for Water and Sewer Construction Materials (Details): A resolution to approve a budget adjustment in the amount of $140,000.00 for water distribution construction materials and water and sewer connections construction materials for the remainder of 2021.
Pass 6-0

9. Bid # 21-77 Goins Enterprises, Inc. (Details): A resolution to award Bid # 21-77 and authorize a contract with Goins Enterprises, Inc. in the amount of $788,000.00 for construction of approximately 2,600 feet of 8 inch and smaller waterlines for the South Garland Avenue Waterline Replacement Project, to approve a project contingency in the amount of $157,600.00, and to approve a budget adjustment.
Pass 6-0

10. Vac-Con Titan Dual Engine Sewer Cleaning Truck (Details): A resolution to approve the purchase of a Vac-Con Titan dual engine sewer cleaning truck from Vac-Con, Inc. in the amount of $499,784.00 plus any applicable delivery charges, pursuant to a Houston-Galveston Area Council cooperative purchasing contract, for use by the Utilities Department.
Pass 6-0

11. Cues, Inc. Ford F550 Box Truck With Wewer Inspection Camera (Details): A resolution to approve the purchase of a Ford F550 box truck with sewer inspection camera from Cues, Inc. in the amount of $287,970.00 plus any applicable delivery charges, pursuant to a Houston-Galveston Area Council cooperative purchasing contract, for use by the Utilities Department, and to approve a budget adjustment.
Pass 6-0

12. Parks and Recreation Department Donation Revenue (Details): A resolution to approve a budget adjustment in the total amount of $14,681.00 recognizing donation revenue from citizens and local businesses to the Parks and Recreation Department.
Pass 6-0

13. Lushbaugh Holdings, LLC (Details): A resolution to approve an agreement for easements with Lushbaugh Holdings, LLC as well as parking and access, sidewalk, and temporary construction and grading easements for property located at 418 W. Meadow Street associated with the West Avenue Streetscapes Improvement Project.
Pass 6-0

14. Boston Mountain Solid Waste District Memorandum of Understanding (Details): A resolution to approve a memorandum of understanding with Boston Mountain Solid Waste District in the amount of $24,000.00 for the collection of household hazardous waste in Fayetteville in 2022.
Pass 6-0

15. Certified Local Government Grant (Details): A resolution to authorize an application for a Certified Local government grant in the amount of $60,000.00 through the Arkansas Historic Preservation Program to complete a community-wide preservation plan and a cultural resource survey of the University Heights and Haskell Heights neighborhoods.
Pass 6-0

16. PPL-2021-018 (3855 W. Weir Rd./Magnolia Park sd Ph. III & IV) (Details): A resolution pursuant to § 166.04(b)(2) of the Fayetteville Unified Development Code to approve the dedication of a reduced amount of right of way for internal residential link streets associated with Phases 3 and 4 of the Magnolia Park subdivision by approximately two feet to provide for five-foot sidewalks to match previous phases of the subdivision, and to reduce the Master Street Plan right of way dedication for these internal streets.
Pass 6-0

17. Express the Intent of the City Council to Sell Approximately 0.25 Acres (Details): A resolution to express the intent of the City Council to sell approximately 0.25 acres of city property located at 900 S. Hollywood Ave.
Pass 6-0

18. Johnson Re-Zoning Approval (Details): A resolution pursuant to Arkansas Code annotated § 14-56-306(b) agreeing to a change in zoning from A-1 Agricultural to H-C Highway Corridor and L-I Light Industrial for property located in the City of Johnson that adjoins the City of Fayetteville.
Pass 6-0


Unfinished Business

1. ANX-2021-003 (South of 2936 S. Black Oak Rd./Riverside Village) (Details)

An ordinance to annex that property described in annexation petition ANX 21-003 submitted by Rausch Coleman Homes, Inc. for property located south of 2936 S. Black Oak Road containing approximately 101.77 acres.
Pass 6-0

Background:
This item was left on the first reading at the Nov. 16 meeting.

The property is in south Fayetteville off Black Oak Road, immediately south of Combs Park. It includes four parcels that lie within unincorporated Washington County. It is undeveloped with most of the tree canopy present near the West Fork White River, and the eastern extent of the property is encumbered by the floodway and floodplain of the river. An unnamed protected tributary of the West Fork White River is present in the northeast quadrant of the property. The applicant has requested the annexation to provide additional residential housing stock to northwest Arkansas which they said is facing substantial current and projected growth.

Both city planners and the Planning Commission recommend approval.

Location:

Nov. 16 Discussion:
Turk asked about the water and sewer availability in the area. Staff said the water line is big enough, but they’re not certain about the sewer line and would need to ask someone from the utilities department. Turk said she’d like that answer by the next meeting.

During public comment, four people spoke in favor – including two who either own parts of the property in question or that are representing the owners – and one person spoke against.

Turk said this is a tough decision for her, and she hopes the ordinance can be left on the first reading until the next meeting.

The council agreed. The discussion will continue on Dec. 7

Dec. 7 Discussion:
Two people spoke in favor of the request, both who represent the sellers of the property in question.

Turk said she’ll support both the annexation and the following PZD. She said she thinks the developer went to great lengths to preserve the natural aspects of the land and she hopes others do the same in the future.

Decision:
The council advanced the item to the third reading, and voted 6-0 to approve it.


2. R-PZD-2021-004: (South of 2936 S. Black Oak Rd./Riverside Village) (Details)

An ordinance to approve a residential planned zoning district entitled R-PZD 2021-004 for approximately 101.77 acres located south of 2936 S. Black Oak Road to allow the development of 2.2 acres for commercial and multi-family residential uses and 97.8 acres for single-family to four-family residential uses and parkland/open space.
Pass 6-0

Background:
This item was left on the first reading at the Nov. 16 meeting.

This is the same property described in the preceding agenda item.

If the property is annexed into the city, the applicant has requested to rezone it to a Residential Planned Zoning District (R-PZD) with two planning areas. The first area includes 2.2 acres that’s intended to be commercial in nature, but still allows for some multi-family units. The second area is intended to be residential and parkland/greenspace in nature with allowances single-family, two-family, three- and four-family, and accessory dwelling units.

Both city planners and the Planning Commission recommend approval.

Location:

Concept Drawing:

Planning Areas:

Nov. 16 Discussion:
Those who signed up to speak said they made their points during the previous discussion and chose not to speak again.

This item cannot be voted on unless the previous annexation passes, so it will also be held on the first reading and the discussion will continue on Dec. 7.

Dec. 7 Discussion:
There was no discussion.

Decision:
Just like the attached preceding item, the council advanced this item to the third reading, and voted 6-0 to approve it.


3. 2022 Annual Budget and Work Program (Details)

A resolution to adopt the 2022 Annual Budget and Work Program.
Pass 6-0

Background:
This item was tabled at the Nov. 16 meeting.

The proposed budget is included in the agenda packet for this item (see it here).

Nov. 16 Discussion:
Council Member Jones suggested adding $45,000 to the budget for added staffing at the Yvonne Richardson Community Center. Staff said they will look into that and get input from the center’s management.

The council voted 7-0 to table the resolution until the next meeting on Dec. 7.

Dec. 7 Discussion:
Turk said she’d like to make an amendment to the budget related to her proposal from the last meeting that would provide $100,000 in 2022 to purchase ecologically valued land.

The resolution (which passed) was in part to provide annual funding of $100,000 to purchase ecologically valued land, but at the time it was not yet in the 2022 budget.

Kinion said he’s not sure this is the best idea considering the budget has already been prepared. He said he’d be more comfortable adding funds to the budget for this if some unnecessary money were first removed from another project. Hertzberg agreed.

Turk said if the city is going to establish a funding account for buying land, it needs to start saving now.

Kinion said he understands, but $100,000 won’t make or break the idea if this isn’t added for 2022. He said if there’s a specific project the council wants to pursue in terms of buying land, any council member can always bring forward a proposal for that.

Scroggin said he has concerns about earmarking money for a project that hasn’t even been thought of yet. Plus, he said, when people ask the city to buy land, their aim is to stop development, which isn’t an inherently good idea.

Turk’s amendment failed 2-4 with Bunch and Turk voting in favor.

Jones asked about the proposed additional funding for the Yvonne Richardson Community Center. Staff said there are plans to expand operations and programming at the center, but not in this budget cycle.

Jones asked if the council can revisit his proposal for additional staffing at a later time. City Attorney Williams said yes. Staff said they plan to bring forward a proposal for center expansion plans as soon as they’re ready.

Decision:
The council voted 6-0 to approve the resolution.


New Business

1. Water and Sewer Operations Division Employees Retention Pay Plan (Details)

A resolution to approve a retention pay plan for Water and Sewer Operations Division employees who serve in a public health and safety capacity.
Pass 6-0

Background:
Staff said Water and Sewer Operations Division is facing recruitment and retention challenges for workers who repair water and sewer pipes. The current workforce is working overtime night and day, staff said, because there are currently 11 maintenance worker vacancies and four crew leader vacancies. Staff said it’s an emergency situation in that this pace can’t be maintained indefinitely. Maintenance workers are putting in an average of 139 hours per 80-hour pay period, according to staff documents, which is the equivalent to working 14-hour days 7 days a week.Crew leaders are averaging 110 hours per period which is equivalent to 11-hour days 7 days a week.

The proposal calls for a $3 per hour increase for staff with the following titles Maintenance Worker III, Maintenance Worker IV, Crew Leader, Field Supervisor and Warehouse Manager.

Other municipalities in the region have recently made adjustments to pay ranges for utilities positions and Fayetteville is currently working with Johanson Group to conduct a biennial merit pay plan survey. Staff said the proposed increase would be in effect until the impact of the 2022 merit pay plan for those positions can be determined and adjusted appropriately.

Discussion:
Turk asked when the pay study is expected to be completed. Staff said it is wrapping up now, and could be ready before pay plans are proposed at the end of the first quarter.

Bunch said she hopes the plan recommends bringing all of the employees up to market value.

Decision:
The council voted 6-0 to approve the resolution.


2. Rename Street to Stephen Carr Memorial Boulevard (Details)

A resolution to rename that portion of Porter Road between Deane Street and Mount Comfort Road to Stephen Carr Memorial Boulevard and to approve a budget adjustment.
Pass 6-0

Background:
Council Member Holly Hertzberg brought forward this measure, which would rename a portion of Porter Road between Deane Street and Mount Comfort Road to Stephen Carr Memorial Boulevard in honor of the fallen officer.

Carr was 27 years old when he was killed on Dec. 7, 2019 after being shot behind the police station in downtown Fayetteville.

The street section runs past the site of the new police headquarters that’s being built, meaning the address of the facility would include Carr’s name. Hertzberg said the location is also fitting in that the new headquarters is being purpose built in part to protect officers.

Carr was ambushed by a gunman who shot him 10 times in the head while he was sitting in his patrol vehicle in the open parking lot behind the police station. The new facility will include a gated area for patrol vehicles in an effort to keep officers safe during shift changes.

Mayor Lioneld Jordan has joined Hertzberg as a co-sponsor of the measure.

» Read more about the proposed measure in our Dec. 1 story

Location:

Discussion:
Police Chief Mike Reynolds thanked Hertzberg and Jordan for sponsoring the proposal. He said he’s vowed that Carr will never be forgotten and he can’t think of a better way to honor his memory than to have the address of the new police department include Carr’s name.

Decision:
The council voted 6-0 to approve the resolution.


3. Nabholz Construction Corporation Change Order No. 8 – 2019 Cultural Arts Corridor Bond Project (Details)

A resolution to approve Change Order No. 8 to the contract with Nabholz Construction Corporation in the amount of $10,373,888.00 for the guaranteed maximum price related to the Cultural Arts Corridor Replacement Parking Deck Project, and to approve a budget adjustment – 2019 Cultural Arts Corridor Bond Project.
Fail 3-3

Background:
City staff recently told the council that the pandemic has contributed to rising costs for construction projects because of labor and supply shortages. The downtown parking deck was initially estimated at $10 million, but has now grown to be about a $13.2 million project.

In order to make up the difference, the city plans to use $2.9 million of the nearly $12 million of unreserved money in the city’s general fund, and another $300,000 in street funds.

This change order is for overages related to concrete, masonry, structural steel, waterproofing, glass, glazing, metal studs, painting, elevators, and MEP (mechanical, electrical and plumbing) work.

» Read more about this in our Dec. 7 story

Discussion:
Turk said she voted against the deck being built in this location and she still has some concerns about the project. She said she’s never been a fan of the land sale and still thinks the idea is extravagant and out of touch. Kinion said he agrees.

Decision:
The council voted 3-3 so the item failed. Jones, Kinion and Turk voted against.


4. VAC-2021-028 (3428 E. Jasper Ln./McMillen) (Details)

An ordinance to approve VAC 21-028 for property located at 3428 E. Jasper Lane to vacate portions of a general utility easement and drainage easement.
Pass 6-0

Background:
This property is platted within the Copper Creek Ph. I subdivision in northeast Fayetteville. It is developed with a detached single-family dwelling. The applicant has requested the vacation so that a swimming pool can be constructed since no portion of any type of pool is allowed to be built within an easement.

City planners recommend approval of the request.

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.


5. Appeal RZN-2021-058 (2390 S. Dead Horse Mountain Rd./Rouse & Rouse) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-058 located at 2390 S. Dead Horse Mountain Road for approximately 51.33 acres from RSF-4, Residential Single Family, 4 units per acre subject to a Bill of Assurance to RSF-4, Residential Single Family, 4 units per acre.
Fail 0-6

Background:
This property is in south Fayetteville on the east side of South Dead Horse Mountain Road, just west of Stonebridge Meadows Golf Club. It was previously part of the Villas at Stonebridge Planned Zoning District, which expired in 2015. Upon the project’s expiration, staff recommended the property revert back to its original zoning of R-A, Residential-Agricultural. The property was eventually rezoned to its current RSF-4 designation with an associated Bill of Assurance limiting the density to 2.5 units per acre. In February 2018, a preliminary plat for Meadows at Stonebridge Subdivision was approved on this property, but was not built. In March 2021, the Planning Commission recommended approval of a proposed Planned Zoning District for this property to the City Counci, but the council voted 1-7 and rejected the proposal. The property is currently rural and undeveloped in nature.

This new request is to rezone the property to RSF-4, Residential Single-Family, 4 Units per Acre, and no longer be subject to the Bill of Assurance that limits density to 2.5 units per acre.

Both the Planning Commission and city planners recommend denial of the proposal.

Staff said the request is not compatible with surrounding land uses since the area has a limited amount of services and amenities. Staff characterized the request, without the additional support of added walkable amenities or services, and the remoteness of the site, as sprawl.

Location:

Discussion:
A representative for the applicant said they plan to develop the land to about 3.2 units per acre and would include a Bill of Assurance for that if it would help.

Hertzberg asked city staff if they’d be in favor of the rezoning with that Bill of Assurance. Staff said they would not since that part of town has no services and no employment so it would still be considered sprawl.

Decision:
The council advanced the item to the third reading, and voted 0-6 so the ordinance failed.


6. Appeal RZN 2021-073 (2434 N. Deane Solomon Rd./Lewis Bros. Leasing) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-073 located at 2434 N. Deane Solomon Road for approximately 5.06 acres from RMF-24, Residential Multi Family, 24 units per acre to C-2, Thoroughfare Commercial.
Left on the first reading

Background:
This property is north of Mount Comfort Road, and is the site of Process Dynamics, an engineering consulting firm. The land sits at the corner of Deane Solomon and Moore Lane, and is largely undeveloped with the exception of a roughly 7,700-square-foot office building and a cell tower.

Lewis Automotive plans to relocate their dealership from North College Avenue to this area, including the 5 acres in question here and another 20 acres next to it that are already zoned C-2.

The Planning Commission voted 8-1 to deny the rezoning, and city planners also recommend denial since C-2 is rarely, if ever, approved anymore. Planners instead tend to favor form-based districts, which encourage walkability by putting parking lots behind the buildings instead of along the roadway.

Suzanne Clark, an attorney representing the applicant, said she knows getting approval for C-2 is an uphill climb, but she’s hoping for an exception since the property abuts other the other 20 acres that the applicant owns on Shiloh Drive where the majority of the new dealership would be located.

The property is about 1,000 feet from the back side of a Subaru dealership, and nearly a third of a mile from a Hyundai dealership. Clark said a Kia dealership is also planned in the area.

» Read more about the appeal in our Dec. 1 story

Location:

Discussion:
Clark reiterated that the applicant understands the city’s future land use maps don’t jibe with the C-2 zoning district, but said since this particular area already includes a car dealership to the south and more dealerships to the north, she hopes the council would agree that putting another car dealership in between them does make practical sense.

As a point of negotiation, applicant Matt Lewis said he and his brothers are willing to rezone a portion of the property they’re vacating on College Avenue from C-2 to the form-based UT-Urban Thoroughfare district since that is more compatible with what planners envision for College Avenue. He said that process has already begun.

Hertzberg said she’s inclined to vote in favor of the request. She said she’s talked to the applicant who has said they’d be willing to do some landscaping and lighting that could alleviate some of the concerns about the land being near residential properties.

Kinion agreed and said it’s more of a practical decision to him. “I know the future plans state that it would be nice if the area were residential, but it’s not,” said Kinion. “It’s an auto park area.”

Turk said she knows the area well and said if the city didn’t want an auto park in the area, something should’ve been done about it long ago. She suggested holding off on a decision tonight to give everyone more time to consider the proposal, or to give the applicant a chance to include a Bill of Assurance that a car dealership will indeed be built on the land.

Bunch said she has no reason to believe that the Lewis Brothers would build anything other than a dealership, but she would feel more comfortable if some more formal type of guarantee were in place, including some of the landscaping ideas Hertzberg mentioned.

Clark said she’d be happy to put something together in regards to those things.

The council agreed to hold the item on the first reading. The discussion will continue on Dec. 21.


7. RZN 2021-074 (340 N. Double Springs Rd./Double Springs Road Rezone) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-074 located at 340 N. Double Springs Road for approximately 9.92 acres from R-A, Residential Agricultural, RSF-1, Residential Single Family, 1 unit per acre 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 in west Fayetteville, includes three parcels, and is located roughly 300 feet north of the intersection of Double Springs and Dot Tipton roads. The parcels are immediately south of the Emerald Point subdivision, and are currently developed with two single-family residences. Most of the area is an undeveloped greenfield site and the topography is flat. The applicant said the intent of the rezoning is to develop the property with a residential subdivision.

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

Location:

Discussion:
Hertzberg said she’s in support of the project. In looking at the surrounding areas, she thinks the request is compatible with the neighboring properties, especially considering it’s directly next to RMF-6.

Turk said she has reservations about increasing density in that area.

Hertzberg moved to send the ordinance to the second reading and Bunch seconded. That motion passed 6-1 with Turk voting against and Mayor Jordan electing to vote in favor.

Turk asked if the council would hold the item on the second reading. Hertzberg agreed.

The discussion will continue on Dec. 21.


Adjourned

This meeting was adjourned at 9:10 p.m.