Fayetteville City Council recap: Feb. 1, 2022

Flyer file photo

On the agenda…

  • Selling land to Peace at Home Family Shelter.
  • Approving funding for Seven Hills Homeless Center.
  • Rezoning 3.09 acres on Vale Avenue.
  • Rezoning 3.83 acres on Leflar Way.
  • Rezoning 6.98 acres on College Avenue.
  • Rezoning 0.41 acres on Mission Boulevard.
  • Rezoning 1.81 acres on Cherry Street.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Feb. 1, 2022. 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

» View current attendance records


Mayor’s Announcements, Proclamations and Recognitions

1. State of the City Address – Presented at the Jan. 25 agenda session (Details)


2. Recognize Fayetteville Fire Department Employees Who Have Demonstrated Meritorious Service to the Citizens of Fayetteville


3. Certificate of Recognition for Mrs. Dorothy Wilks, Oldest Living African American Resident in Fayetteville


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 Jan. 18 City Council meeting minutes
Pass 7-0

2. 2022 T-Hangar Lease Agreements (Details): A resolution to approve t-hangar lease agreements in 2022 at the current rental rate for all t-hangars rented at the Fayetteville Airport.
Pass 7-0

3. MRS Enterprises, LLC (Details): A resolution to approve a forty- (40) year ground lease agreement with MRS Enterprises, LLC for airport property located at 4386 South School Avenue for the construction of a 110’ x 100’ hangar, with an option to extend the ground lease for an additional five- (5) year term.
Pass 7-0

4. Skydive Fayetteville, LLC (Details): A resolution to approve a five-year lease agreement with Skydive Fayetteville, LLC for two office spaces in the Airport Terminal Building for the total amount of $577.83 per month.
Pass 7-0

5. RFQ 21-01, Garver, LLC (Details): A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $75,300.00, pursuant to RFQ # 21-01, Selection 12, for design services to address maintenance issues associated with the East Lake Sequoyah Drive bridge.
Pass 7-0

6. Northwest Arkansas Regional Planning Commission (Details): A resolution to approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $41,812.00 for a stormwater education program for 2022 to satisfy portions of the NPDES Phase II Stormwater Permit Requirements.
Pass 7-0

7. Landfill Tipping Fees (Details): A resolution to approve a budget adjustment in the amount of $350,000.00 to cover increased landfill tipping fees for partially dried biosolids.
Pass 7-0

8. Griffin Residuals, LLC (Details): A resolution to authorize the mayor to sign a non-binding letter of intent between the City of Fayetteville and Griffin Residuals, LLC to determine the viability of a biosolids drying service agreement.
Pass 7-0

9. Insituform Technologies, LLC (Details): A resolution to approve a one-year contract extension with Insituform Technologies, Inc. in an amount not to exceed $528,693.55 for rehabilitation of sanitary sewer mains using cured-in-place sanitary sewer linings.
Pass 7-0

10. Crafton, Tull & Associates, Inc. Amendment No. 2 – 2019 Trail Improvement Bond Project (Details): A resolution to approve Amendment No. 2 to the contract with Crafton, Tull & Associates, Inc. for additional design services associated with the Mission Boulevard Trail and Street Improvements Project in the amount of $59,000.00, and to approve a budget adjustment – 2019 Trail Improvement Bond Project.
Pass 7-0

11. Amend the 2022 Adopted Budget by Reappropriating $174,300,000.00 Remaining in the 2021 Budget (Details): A resolution to amend the 2022 Adopted Budget by reappropriating $174,300,000.00 in bonded or ongoing capital projects, outstanding obligations, and grant funded items.
Pass 7-0

12. Convergint Technologies, LLC (Details): A resolution to authorize the purchase of facility security equipment, systems, services, and supplies from Convergint Technologies, LLC, pursuant to a Sourcewell cooperative purchasing contract, on an as-needed basis through April 22, 2025, and any future renewal periods.
Pass 7-0

13. Bid #21-50 Flow State Tanglewood Branch Restoration (Details): A resolution to award Bid #21-50 and authorize a contract with Flow State, LLC in the amount of $453,922.00 for Tanglewood Branch restoration in the Lower Ramble, and to approve a budget adjustment.
Pass 7-0

14. Amend Resolution 13-22 (Details): A resolution to amend Resolution 13-22 and authorize the purchase of a John Deere 5075 tractor from Deere & Company through P&K Equipment in the amount of $40,963.22 plus applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract.
Pass 7-0

15. RFQ #21-01, Selection #2 GTS, Inc. – 2019 Cultural Arts Corridor Bond Project (Details): A resolution to approve a materials testing contract with GTS, Inc. in the amount of $100,780.00 for materials testing services associated with the replacement parking deck for the Cultural Arts Corridor Phase I, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment – 2019 Cultural Arts Corridor Bond Project.
Pass 7-0

16. RFQ #19-01 Olsson, Inc. Amendment No. 4 – 2019 Cultural Arts Corridor Bond Project (Details): A resolution to approve Amendment No. 4 to the professional engineering services agreement with Olsson, Inc. in the amount of $324,000.00 for construction administration and project closeout services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment – Cultural Arts Corridor Bond Project.
Pass 7-0

17. Bid #21-73 Legacy Construction Management, Inc. (Details): A resolution to award Bid #21-73 and authorize a contract with Legacy Construction Management, Inc. in the amount of $668,237.00 for City Hall improvements, and to approve a budget adjustment.
Pass 7-0


Unfinished Business

None


New Business

1. Peace at Home Family Shelter, Inc. (Details)

A resolution to approve the land sale contract with Peace at Home Family Shelter, Inc. for the city to convey four acres to Peace at Home for $80,000.00 plus valuable services for our residents.
Pass 7-0

Background:
The nonprofit Peace at Home Family Shelter provides accommodations for victims of family violence and domestic abuse. The council in 2005 sold 1.5 acres for $30,000 to the group for a new shelter east of Highway 265 on Ivy Lane. The city also leased additional land as a buffer zone for increased privacy and security and for a temporary septic system area. Peace at Home moved into that facility in 2008.

City staff said over the last 12 years, the organization has grown from 12 staff members with an annual budget of less than $800,000 to a 35-member team with an annual budget of over $2,500,000. Services have also expanded to serve over 1,000 families annually.

There’s now a waiting list for emergency safe shelter, with approximately 30% of the requests for emergency shelter going unmet, according to city documents.

The shelter would like to purchase 4 acres of city land for an expansion which will include more capacity for beds and baths,
additional parking, and the Candy Clark Pet Sanctuary to be constructed in memory of one of its biggest supporters, to provide a safe space for families staying at the shelter to house their pets.

The sale price would be the same as the city previously authorized in 2005 – $20,000 per acre.

The council in May 2021 approved a resolution to provide public notice of intent to sell the land. The Planning Commission last month approved a PZD for the expansion and animal shelter.

Discussion:
Mayor Jordan said he has been a longtime support of Peace at Home.

“Peace at Home takes in people who have suffered violence and abuse, and who in many instances have given up hope,” said Jordan. “(Peace of Home) gives them help, stability and hope when they think they don’t have a chance. It is an honor for me and this city to partner with Peace at Home.”

Decision:
The council voted 7-0 to approve the resolution.


2. ADM-2021-075 (3045 E. Ivey Ln./Peace at Home Family Shelter) (Details)

An ordinance to rezone four acres to be purchased from the City of Fayetteville by Peace at Home Family Shelter, Inc. and to amend an existing Residential Planned Zoning District (07-2531) to include Use Unit 43 for an Animal Shelter and to incorporate the four acres to be purchased from City of Fayetteville into R-PZD 07-2531.
Pass 7-0

Background:
See the item above for info about this Peach at Home Family Shelter project. The previous item would need approval before this request could be approved.

Both city staff and the Planning Commission recommend approval.

Location:

Discussion:
There was no public comment.

Kinion said aside from helping Peace at Home expand their services, another important part of the project is to memorialize the late Candy Clark, who served on the Planning Commission and who worked with several animal service organizations and advocates.

Decision:
The council advance the ordinance to the third reading, and voted 7-0 to approve it.


3. Seven Hills Homeless Center Funding Agreement (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 2022.
Pass 7-0

Background:
This is a monthly funding agreement with Seven Hills Homeless Center, which has provided services to homeless and needy residents in Fayetteville for over 19 years. Staff said although funding for the center by donors has improved, a shortfall still exists.

The council has already approved the 2022 budget which appropriated funding for this item.

The contractual amount would be paid in monthly disbursements of $9,450 each month beginning in January 2022.

Discussion:
There was no public comment.

Decision:
The council advance the ordinance to the third reading, and voted 7-0 to approve it.


4. RZN-2021-078 (2015 S. Vale Ave./Harris) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-078 located at 2015 S. Vale Ave. for approximately 3.09 acres from CS, Community Services and RMF-24, Residential Multi-family, 24 units per acre to NS-G, Neighborhood Services-General.
Pass 6-1

Background:
The properties received their current zoning designation via a staff-initiated rezoning associated with the implementation of the Fayette Junction Master Plan in 2011. It includes unbuilt right-of-way, and a request to vacate the right-of-way failed at a City Council meeting on April 20, 2021. In their request letter, the applicant expressed an intent to develop the property in a similar fashion to other nearby apartments and townhomes. Additionally, the applicant verbally indicated the impetus behind the request is for relief from a 10-foot setback associated with the existing CS zoning, according to staff documents.

The Planning Commission is in favor of the request, but city planning staff recommends denial.

City staff said the proposed zoning is inconsistent with the Future Land Use Map designation of the property as a City Neighborhood Area.

From a staff memo:

While a mixture of residential and commercial uses is typical and preferred in the traditional urban pattern that informs the City Neighborhood Area designation, staff finds the NS-G district offers this at a smaller scale and lower intensity than what is appropriate for this part of Fayetteville. Further, as a property outside the Hillside-Hilltop Overlay district, no protected streams, and no FEMA floodplain, the site presents an ideal opportunity for appropriately-scaled development. While acknowledging that NS-G maintains entitlements that promote compact, complete, and connected neighborhoods, staff finds rezoning to NS-G lessens the opportunity to reduce vehicle trips and leverage existing infrastructure along a corridor that could otherwise handle a dense development pattern.

Location:

Discussion:
Kinion said he was heavily involved in the Fayette Junction planning process, and he doesn’t think this will be too much of a change from that plan. Since the area has not started to develop much, he’s inclined to vote in favor of this request in hopes that it could help spur some development in a stagnant part of town.

Decision:
The council advanced the ordinance to the third reading, and voted 6-1 to approve it. Turk voted against.


5. RZN-2021-080 (S. Leflar Way & W. MLK Blvd./Cobb-Westphal) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-080 located at South Leflar Way and West Martin Luther King Jr. Boulevard for approximately 3.83 acres from RMF-24, Residential Multi-family, 24 units per acre to CS, Community Services.
Pass 7-0

Background:
The property includes 3.83 acres of a larger 53.06 acre parcel. It was annexed into Fayetteville in 1967 and zoned agriculturally, along with over 11,000 acres of additional land. In 1987, it was split-zoned to C-2, Thoroughfare Commercial, and R-1, a corollary to current zoning’s RSF-4 Residential Single-family, 4 Units per Acre. Subsequently, the property underwent other rezonings, with the most recent being in 2019, where the area of C-2 was designated UT, Urban Thoroughfare. Today, the overall parcel is split-zoned three ways, UT, RSF-4, and RMF-24. The entirety of the parcel remains undeveloped, with the specific, 3.83 acre subject property largely under tree canopy. A small portion at the southwest corner of the property is within the Streamside Protection Zone associated with the Farmington Branch, a tributary of Goose Creek which ultimately feeds the Illinois River, according to staff documents.

The applicant has not submitted any development plans.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
There was no public comment.

Gutierrez said it’s a sensitive area, but it seems like a “happy medium” has been reached since the project has now gotten approval from both city planning staff and the Planning Commission.

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


6. RZN-2021-081 (3373 N. College Ave./Lewis Ford) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-081 located at 3373 N. College Ave. for approximately 6.98 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare.
Left on the first reading

Background:
The property is in north Fayetteville about 1,500 feet southwest of the intersection of North College Avenue and the Fulbright Expressway. It is divided into two portions: a 5.7-acre area currently home to a portion of the Lewis automotive dealership, and a 1.3-acre area that is currently undeveloped. The applicant has not submitted any associated development plans.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
A representative for the applicant asked that the item be held on the first reading. The discussion will continue on Feb. 15.


7. RZN-2021-082 (582 N. Mission Blvd./Falcons Landing, LLC.) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-082 located at 582 N. Mission Blvd. for approximately 0.41 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:
The property is east of downtown, about 500 feet north of the intersection of Maple Street and Mission Boulevard. It is currently undeveloped. It once contained a single-family home that was demolished in 2020. The driveway from the former home remains, and is shared with a commercial development to the north. Staff said the applicant did not share a specific development intent but has suggested that the rezoning would allow for single-family construction that is complimentary to the character of the existing neighborhood.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
Turk asked how many houses could be built on the land under the new zoning district. Staff said a maximum of two homes could be built on the property if the request is approved.

Gutierrez said she’d like to move the item forward to the second reading, but then hold it until the next meeting.

“I feel like there’s a lot going on in Ward 1 so I’d like to slow it down a bit,” she said.

The discussion will continue on Feb. 15.


8. RZN-2021-084 (745 W. Cherry St./Habitat for Humanity) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-084 located at 745 W. Cherry Street for approximately 1.81 acres from RSF-4, Residential Single-family, 4 units per acre and C-2, Thoroughfare Commercial to NC, Neighborhood Conservation.
Pass 6-0

Background:
The property is just north of the intersection of South School and the Fulbright Expressway and on-ramp to I-49. It contains a single-family home and associated outbuildings. The applicant has not submitted any specific development plans but intends to develop new homes on the property, according to a staff memo. The applicant has also informed city staff that they are working with the city’s utilities department on possible utility line extensions to the site.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
Jones and Scroggin said they are strong supporters of Habitat for Humanity and their work to supply affordable housing. Turk agreed, and said she hopes the city can partner with the group for more workforce housing. Gutierrez said it’s a perfect location for more affordable housing.

There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it. Bunch’s vote was not audible.


9. VAC-2021-031 (2480 W. Treat St./Treat Street Right-of-way) (Details)

An ordinance to approve VAC 21-0031 for property located at 2480 W. Treat Street to vacate a portion of street right-of-way.
Pass 6-0

Background:
The property is just north of the interchange with the Fulbright Expressway, Razorback Road, and I-49. It includes 0.53 acres of city right-of-way (West Treat Street) which is fully encompassed by University of Arkansas-owned property.
The right-of-way is currently bisecting UA property, and is used to access to two University-owned single-family homes, which are planned for demolition. The university intends to redevelop the property as part of the Fayetteville Traverse mountain bike trail and begin a native habitat restoration on a portion of the property, according to a staff memo

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
Turk asked about the homes on the property. Staff said they are scheduled to be demolished.

There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 6-0 to approve it. Bunch’s vote was not audible.


Adjourned

This meeting was adjourned at 7:50 p.m.