Fayetteville City Council recap: Feb. 15, 2022

Flyer file photo

On the agenda…

  • Extending the short-term rental grace period again.
  • Re-drawing the city’s ward maps after population changes.
  • Six rezoning requests across the city.
  • Allowing a new car wash in west Fayetteville.
  • Selling city-owned land to B-Unlimited for an expansion.
  • Adding new positions to the Active Transportation Advisory Committee.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Feb. 15, 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


City Council Meeting Presentations, Reports and Discussion Items

1. Certified Municipal Clerk Designation Presentation

Presented to City Clerk Treasurer Kara Paxton by Kim Jones, director of the Municipal Clerk’s Institute at the University of the Arkansas


2. Public Facilities Board Mayor Appointment – Charlie Watson

Pass 7-0


Agenda Additions

1. Habitat for Humanity’s Proposed Houses in South Fayetteville (Details)

A resolution to waive development permit fees for Habitat for Humanity’s proposed houses in south Fayetteville.
Pass 7-0

Background:
This change would waive the development permit fees for a housing project in south Fayetteville by Habitat for Humanity. The project would include eight affordable homes, according to staff documents.

The city’s water, wastewater, fire and place impact fees contain waiver provisions for non-profit groups that plan to construct and provide very low-cost homes to needy families. The council has also already approved an exemption for building permit fees for Habitat for Humanity.

Discussion:
Scroggin asked how much money this will save the organization. City Attorney Kit Williams said it would be about $300-$400.

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


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 Feb. 1, 2022 City Council meeting minutes
Pass 7-0

2. Safe Camp (Details): A resolution to approve a budget adjustment in the amount of $29,500.00 to pay for vegetation removal and trash clean up at the former Safe Camp location.
Pass 7-0

3. 2022/2023 Asphalt Overlay/Sidewalks Projects (Details): A resolution to approve the Transportation Division overlay and sidewalk projects list for 2022 and 2023.
Pass 7-0

4. 2021-22 Edward Byrne Memorial Justice Assistance Grant (Details): A resolution to authorize acceptance of the Edward Byrne Memorial Justice Assistance Grant for the Fourth Judicial District Drug Task Force in the amount of $153,180.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds.
Pass 7-0

5. Motorola Solutions Incorporated (Details): A resolution to authorize a contract with Motorola Solutions Inc. in the amount of $893,228.90 plus applicable tax and freight charges for the purchase of radio equipment, design, installation, and software at the Central Dispatch Center located at the new police headquarters, and to approve a project contingency in the amount of $82,000.00.
Pass 7-0

6. XYBIX Systems (Details): A resolution to approve the purchase of dispatch furniture for the Central Dispatch Center from XYBIX Systems, Inc. in the amount of $170,396.37 plus any applicable tax and delivery charges, pursuant to a Houston-Galveston Area Council cooperative purchasing contract.
Pass 7-0

7. Community Access Television d/b/a Your Media (Details): A resolution to approve a budget adjustment in the amount of $12,000.00 recognizing contract production revenue from Community Access Television d/b/a Your Media and to increase the related promotional activities budget.
Pass 7-0

8. RFQ # 19-05 Flintco, LLC Change Order #7 – 2019 Transportation Bond Project (Details): A resolution to approve Change Order No. 7 to the construction manager at risk contract with Flintco, LLC for the Porter Road and Deane Street roundabout as part of the Police Headquarters Project in the amount of $4,169,565.00, to approve a project contingency in the amount of $280,000.00, and to approve a budget adjustment – 2019 Transportation Bond Project.
Pass 7-0

9. Burns & McDonnell Engineering Company, Inc. Supplement Agreement No. 2 (Details): A resolution to approve Supplement Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $28,282.00 for a detailed noise analysis required by the Federal Highway Administration associated with the Highway 112 improvement project, and to approve a budget adjustment.
Pass 7-0


Unfinished Business

1. 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.
Tabled 7-0 until March 15

Background:
This item was left on the first reading at the Feb. 1 meeting.

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:

Feb. 1 Discussion:
A representative for the applicant asked that the item be held on the first reading. The discussion will continue on Feb. 15.

Feb. 15 Discussion:
Robert Rhoads, a representative for the applicant, said he’d like to leave the item on the second reading tonight to allow more time since this project coincides with another project that will be on a future council agenda. Staff said that item won’t be on the agenda until March 15, so the council tabled the item until then.


2. 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.
Pass 7-0

Background:
This item was left on the second reading at the Feb. 1 meeting.

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:

Feb. 1 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.

Harvey 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.

Feb. 15 Discussion:
There was no public comment.

Harvey said she used to live in this neighborhood and said she’s excited about the project.

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


New Business

1. Appeal CUP-2021-000052 (3349 W. Wedington Dr./Glide Xpress Car Wash) (Details)

A resolution to grant the appeal of council members Teresa Turk, Holly Hertzberg and Mark Kinion and approve the conditional use permit CUP 2021-052 for a Glide Xpress car wash at 3349 W. Wedington Drive.
Pass 7-0

Background:
The property is at the southeast corner of Wedington Drive and Salem Road. It was previously developed with two small commercial buildings which were demolished in 2010. The property is largely clear now, though one parking lot remains on the site. The property was rezoned in 2008 as part of the Forest Hills Planned Zoning District.

The applicant wants to build a car wash on the property. City planners recommend approval, but the Planning Commission last month voted 5-3 to deny the permit request.

Commissioners who voted to deny expressed concerns about the compatibility of the car wash with the surrounding area and its potential incompatibility with City Plan 2040’s Growth Concept Map. Commissioners who voted in favor of the request found the proposal to be compatible with Wedington’s current commercial and auto-oriented character.

Location:

Discussion:
Hertzberg said now that a proposed curb cut has been removed from Wedington Drive, she is in full support.

Kinion said he has toured the area and thinks it would be fine to have a car wash in that location.

There was no public comment.

Scroggin said the area has a lot of traffic so it only makes sense to allow a car wash there.

Staff said they have some suggested conditions of approval, including caveats that any development would still need to go through the Planning Commission process and that all signage has to be approved through a separate procedure.

The council amended the resolution 7-0 to include those conditions.

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


2. VAC-2022-001 (2875 W. Martin Luther King Jr. Blvd./Walmart #144) (Details)

An ordinance to approve VAC 22-01 for property located at 2875 W. Martin Luther King Jr. Blvd. to vacate a portion of a general utility easement.
Pass 7-0

Background:
The property includes a Walmart store on the south side of West Martin Luther King Jr. Boulevard. The applicant wants to vacate and relocate a portion of an existing water/sewer easement because a planned building addition conflicts with the current location of the easement. An 8-inch PVC water main is present in the easement and is proposed to be re-routed.

City planners recommends approval. The Planning Commission does not hear vacation requests like these.

Location:

Discussion:
There was no public comment.

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


3. RZN-2021-087 (N. Futrall Dr. between Wedington Dr. & MLK Jr. Blvd./Barnes South) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-087 located on North Futrall Drive between Wedington Drive and Martin Luther King Jr. Boulevard for approximately 9.40 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services.
Left on the first reading

Background:
The property is immediately east of I-49 and approximately 1?2 mile north of the interchange with West Martin Luther King Jr. Boulevard. The site is currently undeveloped and has almost 100% tree canopy coverage. The property has a steep grade, and a significant portion is located within the Hillside-Hilltop Overlay District, as well as the I-540 Overlay District. A previous rezoning request to UT, Urban Thoroughfare was denied in 2021.

The applicant has not submitted any additional development plans.

Both city planners and the Planning Commission recommend approval.

Location:

Discussion:
Two people spoke against the request citing concerns about removing trees from the property, and not wanting multi-story buildings constructed on the property.

Turk said she’d like to hold off on voting to allow the council time to tour the area.

Kinion said there’s a lot of heritage on the property and with such a steep slope, the council should be careful when considering what could be allowed there.

Scroggin said he currently doesn’t support the request. He said this property is what you see when you come into Fayetteville and it shouldn’t have five-story buildings built upon it. Bunch agreed.

The discussion will continue on March 1.


4. RZN-2021-092 (South of 375 N. Rupple Rd./Riverwood Homes & McBryde Family) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-092 located south of 375 N. Rupple Road for approximately 5.34 acres from R-A, Residential Agricultural to CS, Community Services and approximately 0.34 acres from CS, Community Services to R-A, Residential Agricultural.
Left on the first reading

Background:
The property is just to the southwest of Owl Creek School along Rupple Road. It is currently undeveloped. In 2015, the property was rezoned to CS, Community Services and R-A, Residential-Agricultural through a city-initiated rezoning effort in conjunction with the redevelopment of Rupple Road. City staff said the intent of that effort was to concentrate density in specified areas along the corridor and help conserve other environmentally-sensitive areas throughout the 642-acre study area.

The applicant has not submitted any plans for development review, but has submitted a proposal to the Parks and Recreation Advisory Board with an intent to develop a senior-living development and possible associated parkland dedication.

Both city planners and the Planning Commission recommend approval.

Location:

Discussion:
The applicant requested the item be left on the first reading. The discussion will continue on March 1.


5. RZN-2021-089 (South of 1936 S. Shiloh Dr./DDB Investments) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-089 located south of 1936 S. Shiloh Drive for approximately 9.11 acres from I-1, Heavy Commercial and Light Industrial to CS, Community Services.
Pass 7-0

Background:
The property abuts the north end of North Shiloh Drive, and is currently undeveloped. A branch of the Hamestring Creek runs through the center of the property and roughly 22% of the site lies within a floodplain.

The applicant has not submitted any specific development plans, though they have stated that rezoning will allow for a mix of housing types and densities.

Both city planners and the Planning Commission recommend approval.

Location:

Discussion:
Turk said she toured the area and her only concern is the potential for five-story development in the area. She said it’s a good area for new housing.

Scroggin said CS is fundamentally better than I-1 so he’s in support.

There was no public comment.

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


6. R-PZD-2021-006 (500 N. Sequoyah Dr./High Acres) (Details)

An ordinance to approve a residential planned zoning district entitled R-PZD 2021-006 for approximately 3.83 acres located at 500 N. Sequoyah Drive.
Pass 7-0

Background:
The property is roughly 500 feet north of the intersection of Sequoyah Drive and Assembly Drive. It contains one parcel. The entire property lies within the Hillside-Hilltop Overlay District and several significant pine trees are scattered throughout the site. The property is situated at the top of Mount Sequoyah with grades exceeding 17% on the west side of the property.

The applicant requests to rezone the property to a Residential Planned Zoning District with one planning area intended for single-family residential development. A total of four units are proposed (three new) with uses that are identical to those currently allowed by-right and conditionally in the RSF-4 zoning district.

Setbacks include a front and rear setback of 15 feet and side setbacks of five feet. The applicant proposes bulk and area regulations including a lot width minimum of zero feet and lot area minimum of 8,000 square feet. Also proposed is a maximum building height of one story above the highest elevation disturbed for building construction. Buildings are not permitted to exceed 40% of the total lot area, excluding driveways and paving.

The request is to allow for a lot split and the subsequent development of three new single-family dwellings. Access to the lots will be provided by a new private access drive and cul-de-sac.

Both city planners and the Planning Commission recommend approval.

Location:

Discussion:
One person spoke in favor of the project.

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


7. Express the Intent to Sell Approximately 30.06 Acres Commerce District (Details)

A resolution to express the intent of the City Council to sell approximately 30.06 acres of city property located in the Commerce District.
Pass 7-0

Background:
The city’s Department of Economic Vitality has been working with local screen printing company B-Unlimited to explore a range of expansion options to meet the company’s need for additional space. City staff said the subject property was identified as a good option and an offer letter to purchase the property was received on Jan. 13 from Cameron Clark, who represents B-Unlimited.

The sale price would be $278,280 with an option to purchase approximately 12.6 more acres for $18,000 per acre within 12 months of closing on the first property.

Location:

Discussion:
Scroggin said the council should do what it can to help the business expand. He said he’s interested in seeing the appraisal of the property once that’s complete.

Harvey said with the business expected to add another 50 employees in the next three years, she’s in full support.

Taylor Shelton with the Chamber of Commerce spoke in favor of the proposal. He said the art sector is one the chamber is excited to support.

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


8. HFI Fletcher, LLC (Details)

An ordinance to waive formal competitive bidding and approve a cost share agreement with HFI Fletcher, LLC for additional low impact development measures to help alleviate downstream drainage issues on Fletcher Avenue with a refund in an amount not to exceed $16,567.13 to be paid by the City of Fayetteville.
Pass 7-0

Background:
The Planning Commission last year approved a conditional use permit for townhome construction on Fletcher Avenue. During the approval process, the city became aware of drainage issues along that section of Fletcher, including runoff being directly down the sidewalk/retaining wall causing damage, runoff crossing the street and causing damage to foundations along the west side of Fletcher and overall contributing to issues downstream as the runoff enters the historic district.

In response, the Planning Commission placed a condition of approval that the development treat and slow the water flow from any additional impervious area proposed with the new development.

Staff said additional treatment is needed to fix the problems, and since the recommended fix is above and beyond the requirements placed on the development, staff are proposing a cost share in order to have the improvements completed. The developer would be responsible for installing the improvements and the city would reimburse them for the work.

Location:

Discussion:
Scroggin said he’s in support. He said there’s a real problem there, but it isn’t the developer’s fault since it’s water that is already running across their land. Harvey agreed.

There was no public comment.

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


9. Amend Sections 156.03 Flood Damage Prevention, 166.02 Development Review Process, 168.07 Permit Procedures, 168.09 Appeals and 168.10 Provisions for Flood Hazard Reduction (Details)

An ordinance to amend sections 156.03 Flood Damage Prevention, 166.02 Development Review Process, 168.07 Permit Procedures, 168.09 Appeals and 168.10 Provisions for Flood Hazard Reduction of the Unified Development Code to address incorrect references, clarify what qualifies as existing impervious area, and remove redundancies and ambiguities from the flood damage prevention code.
Left on the first reading

Background:
The council last year approved several changes to the Unified Development Code to address stormwater issues associated with the Residential Single Family and Duplex exemption from stormwater requirements since that had become a predominant infill development pattern over the last several years.

City staff said some corrections are needed to address some incorrect references and clarify the intent of those changes.

The Planning Commission voted 8-0 to recommend approval of these changes.

Discussion:
Turk said she’s concerned about loosening restrictions on accessory dwelling units. Staff said the changes won’t affect ADUs, but rather FEMA’s definition of ‘accessory structures’ like small sheds.

Turk said she’d like to hold the item and work on some other wording.

The discussion will continue on March 1.


10. Amend Ordinance No. 6393 (Details)

An ordinance to amend Ordinance No. 6393 by removing Section 3, which requires development approval and the posting of a bond before the mayor can sign the agreements for the new railroad crossing at Futrall Drive and Gregg Avenue.
Pass 7-0

Background:
The planned extension of Futrall Drive will provide additional access to about 150 acres of undeveloped property west of the railroad tracks where Washington Regional plans to expand. Washington Regional has requested that the council make changes that would allow the city to move forward with the permitting and construction of the new railroad crossing prior to the development approval of the hospital expansion.

Agreements with the Arkansas and Missouri Railroad for the construction of railroad crossing equipment were approved by the council in late 2020.

There was no public comment.

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


11. Amend Article XXIII Active Transportation Advisory Committee (Details)

An ordinance to amend §33.350 Purpose and Establishment, §33.351 Composition, §33.352 Terms of Office and §33.354 Meetings of Article XXIII Active Transportation Advisory Committee to increase the number of residents on the committee.
Pass 7-0

Background:
This change would increase the number of voting members on the Active Transportation Advisory Committee from five to seven and to establish one member as a representative for Americans with Disabilities.

Staff said last year, the Nominating Committee interviewed candidates for the committee which included one person with a physical disability who uses the trail system often to get around Fayetteville. The group suggested adding two new positions, including one specifically for someone who represents the disabled community.

Discussion:
Turk said she thinks the committee should have a sidewalk advocate. She said the group has a bike advocate so why not a sidewalk advocate. She proposed amending the proposal so that one of the new members be a sidewalk advocate. Kinion agreed, and said he hears from a lot of people who are advocates for sidewalks.

Scroggin questioned how someone could be credentialed as a sidewalk advocate. Bike advocates, he said, are easily discernible because they are part of an official bicycle organization or own a bike shop, etc.

Turk moved to reduce the number of new members from seven to six, while keeping the ADA representative, and giving the council time to consider a potential sidewalk advocate later. The amendment failed with Bunch, Hertzberg, Harvey and Scroggin voting against.

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


12. Revised Ward Boundaries (Details)

An ordinance to approve revised ward boundaries to equalize ward populations after the 2020 Federal Census and to amend §32.03 of the Fayetteville Code.
Pass 7-0

Background:
City staff have been exploring possible changes to the city’s ward boundaries since the latest population estimates were released by the U.S. Census Bureau in September.

Staff said the changes would help equalize representation by changing each ward to have as equal a population as possible with a target population of 23,576 residents each.

The changes would add some residents to Ward 2 who are currently in Ward 4, and add some people to Ward 3 who are now in Ward 1.

Proposed Map:

There was no public comment.

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


13. 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 nine months to 12 months, and to declare an emergency.
Pass 7-0

Background:
The current grace period deadline to come into compliance with the city’s new short-term rental regulations was extended from Nov. 21. 2021 to Feb. 21, 2022. This proposal would extend it again to May 21.

The ordinance is sponsored by Council Member Sarah Bunch who said she heard from several short-term rental owners who have said they still need more time to get their permits because the required inspections found that improvements are needed on their property before a permit can be issued.

If approved, the change would mean that owners have now had a full year to come into compliance.

Discussion:
Staff said 204 short-term rental permits have been issued so far.

There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-0 to approve it, along with an emergency clause so the new deadline goes into effect immediately.


Adjourned

This meeting was adjourned at 9:02 p.m.