Fayetteville City Council recap: March 15, 2022

Flyer file photo

On the agenda…

  • A retention package for emergency dispatchers.
  • A land sale agreement with B-Unlimited, Inc.
  • Adding I-49 signage for Stephen Carr Memorial Boulevard.
  • A city-wide employee compensation adjustment.
  • Eight rezoning requests across the city.
  • Renaming the city’s Black heritage commission.
  • Hiring a facilitator for distributing the city’s ARPA funds.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 15, 2022 inside City Hall in Room 219. The meeting is also available live on Zoom and on the city’s YouTube channel.

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, Mark Kinion, Mike Wiederkehr, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: D’Andre Jones

Notes: Turk was not present for the Consent Agenda vote

» View current attendance records


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 March 1, 2022 City Council meeting minutes
Pass 6-0

2. Dot Tipton Sewer Lift Station Improvements (Details): A resolution to approve a budget adjustment in the amount of $60,400.00 to fund the costs of the Dot Tipton Sewer Lift Station Improvements Project.
Pass 6-0

3. Bid #22-24 Tank Pro, Inc. (Details): A resolution to award Bid #22-24 and authorize a contract with Tank Pro, Inc. In the amount of $788,066.00 for the painting and rehabilitation of the Markham Elevated Water Storage Tank, and to approve a project contingency in the amount of $157,613.20.
Pass 6-0

4. RFP 21-06 Smith Two-Way Radio, Inc. (Details): A resolution to award RFP 21-06 and authorize a contract with Smith Two-Way Radio, Inc. In the amount of $355,788.53 for fire station alerting systems for seven existing and three new construction fire stations, to approve a project contingency in the amount of $30,000.00, and to approve a budget adjustment – 2019 Firefighting Facilities Improvements Bond Project.
Pass 6-0

5. Wings Avionics, Inc. (Details): A resolution to approve a five-year lease agreement with Wings Avionics, Inc. for the Airport Hangar at 421 Ernest Lancaster Drive for rent in the amount of $1,815.96 per month.
Pass 6-0

6. Additional Ice and Snow Removal Materials (Details): A resolution to approve a budget adjustment for the Transportation Services Division in the amount of $200,000.00 to increase funding for additional ice and snow removal.
Pass 6-0

7. Stephen Carr Memorial Boulevard Signage (Details): A resolution to approve a budget adjustment in the amount of $25,000.00 to fund costs associated with the installation of Stephen Carr Memorial Boulevard signage on Interstate 49.
Pass 6-0

8. Travel and Training Budget for Council Members (Details): A resolution to approve a budget adjustment in the amount of $12,000.00 to increase the travel and training budget for each City Council Member from $2,000.00 to $3,500.00.
Pass 6-0

9. Central Dispatch Retention Package: (Details): A resolution to approve a retention package for Central Dispatch Center employees, and to approve a budget adjustment.
Pass 6-0

10. B-Unlimited, Inc. Land Sale Agreement (Details): A resolution to approve a land sale agreement with B-Unlimited, Inc. for the sale of approximately 17.46 acres for $278,280.00 with a conditional option to purchase an additional 12.6 acres within 12 months of closing.
Pass 6-0


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report (Details)

Pass 7-0

Nominees:
The mayor recommends the following candidates for appointment:

FAYETTEVILLE PUBLIC LIBRARY BOARD OF TRUSTEES
Stan Rodgers – One term ending 04/01/27
Amy Wilbourn – One term ending 04/01/27

The Nominating Committee recommends the following candidates for appointment:

ACTIVE TRANSPORTAITON ADVISORY COMMITTEE
Kay Kitterman – One representative for the Americans with Disabilities term ending 03/31/24
Chaim Goodman-Strauss – One citizen at large term ending 03/31/24

AIRPORT BOARD
John Holley – One unexpired Aeronautical term ending 12/31/25

ANIMAL SERVICES ADVISORY BOARD
Vacant – One unexpired Business Representative term ending 06/30/22

BOARD OF ADJUSTMENTS
Josh Carson – One term ending 03/31/25
Jason Young – One term ending 03/31/25

CIVIL SERVICE COMMISSION
Juan Montes – One term ending 03/31/28

COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD
Jacob Davies – One Local Small Business term ending 03/31/25
Vincent Waide – One Homelessness Services term ending 03/31/25

CONSTRUCTION BOARD OF ADJUSTMENTS AND APEALS
Vacant – One term ending 03/31/27
Vacant – One term ending 03/31/27

ENVIRONMENTAL ACTION COMMITTEE
Jacob Sheatsley – One unexpired Community Citizen at Large term ending 12/31/22

FAYETTEVILLE ARTS COUNCIL
Abby Hollis – One unexpired term ending 06/30/22

PARKS AND RECREATION ADVISORY BOARD
Sarah Downing – One unexpired term ending 12/31/22

PEG ADVISORY BOARD
Vacant – One unexpired term ending 06/30/23

PLANNING COMMISSION
Mary Madden – One term ending 03/31/25
Mary McGetrick – One term ending 03/31/25
Andrew Brink – One term ending 03/31/25
Joseph Holcomb – One unexpired term ending 03/31/24

PUBLIC FACILITIES BOARD
Vacant – One unexpired term ending 12/31/22

URBAN FORESTRY ADVISORY BOARD
James Parrish – One unexpired Land Development term ending 12/31/23


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.
Pass 7-0

Background:
This item was tabled at the Feb. 15 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.

March 15 Discussion:
Scroggin said the area is perfect for UT-Urban Thoroughfare.

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


2. 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.
Fail 2-5

Background:
This item was tabled at the March 1 meeting.

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:

Feb. 15 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.

March 1 Discussion:
Staff outlined some issues that were discussed at a tour of the property yesterday, including tree preservation, which would be reduced by 5% with this request, and building height, which would allow five stories with this request.

Suzanne Clark, who represents the applicant, said she’s surprised that there is opposition to this request since both city planners and the Planning Commission have both recommended approval saying that they believe the CS district is in line with the city’s planning goals. She said she understands that there are people who don’t want to see this property developed, but the owners have property rights that allow them to develop it as long as their plans are in accordance with the city’s longterm goals.

There was no public comment.

Council Member Harvey said she toured the property this week to see the extent of the slope and to examine the access to the land. She said she thinks the mountain is sacred, and while she understands the owner has the right to ask for a new zoning that could potentially allow them to sell it for more money, she’s not in favor of an “upzone” that would reduce the current environmental regulations on the property.

Scroggin agreed, and said he has issues with the potential for runoff when the property is developed under CS. He said the owner does have the right to petition for change, but that doesn’t mean they have an inherent right for that request to be approved.

Bunch said she’s not convinced that CS is the best zoning, but she also isn’t sure the current district is appropriate since it allows four houses per acre.

Turk said the area has a lot of mature trees, along with clay and a natural stream. She said she won’t support CS with its allowed reduction of the tree canopy. She might consider another district in the future, but not CS today, she said.

Kinion said he agrees with Bunch that there’s a better fit for the property than the current district – ideally one that allows less than four houses per acre. He said a Planned Zoning District could be an option.

Wiederkehr said the community’s voice that view corridors and tree preservation matter is important, so he is struggling with it. He said the Planning Commission’s approval of this request came after a request for UT was denied and he thinks the commission recommended approval for CS mostly because the applicant was willing to shift their plans after initially being denied.

City Attorney Kit Williams said it’s clear the council does not oppose development on this property – since they’ve made several comments suggesting they would agree to development under another district – so he doesn’t think it would be out of line to deny this request if that’s what they want to do.

Kinion moved to table the ordinance until the next meeting to give the applicant time to consider the council’s comments and possibly return with some proposed changes if they’d like.

That motion passed 6-2. Harvey and Turk voted against. The discussion will continue on March 15.

March 15 Discussion:
The applicant presented a Bill of Assurance that limits construction on the property to three stories instead of the five stories that are allowed under CS.

The council amended the ordinance 7-0 to include the Bill of Assurance.

One person spoke against the request during public comment.

Scroggin said the Bill of Assurance eases his concerns and he thinks an appropriate middle ground has been reached.

Turk said she appreciates the Bill of Assurance, but she still has concerns about the hillside and the on-site spring. She also said she thinks CS is still too dense for that area since there’s no transition between the property and the bordering land that’s slated to be conserved by a separate development.

Harvey agreed with Turk, and said she will side with the neighbors who she’s heard from who are opposed to the request.

Bunch said the applicant has made a good faith effort to work with the council and she thinks it’s an appropriate request at this point. She’ll vote in favor, she said.

Decision:
The council voted 2-5, so the ordinance fails. Scroggin and Bunch voted in favor. Jones was absent for the vote.


New Business

1. Olsson, Inc. Amendment No. 3 – 2019 Transportation Bond Project (Details)

A resolution to approve Amendment No. 3 to the professional engineering services agreement with Olsson, Inc. in the amount of $250,400.00 for additional engineering services related to the Midtown Corridor Project, and to approve a budget adjustment – 2019 Transportation Bond Project.
Pass 7-0

Background:
The Midtown Corridor is an east-west connection that will receive infrastructure improvements on sections of Porter Road, Deane Street, Sycamore Street and Poplar Street, including new turn lanes and drainage as well as separated pedestrian and bicycle facilities. The work is in coordination with the construction of the new police headquarters and fire station.

The council last month approved a change order to the police headquarters contract to include the construction of the first phase of the Midtown Corridor project. Phase 1 includes the improvements along Porter Road and Deane street for the extents of the police headquarters and the new fire station.

Staff said the contractor has identified required design and surveying elements that were beyond the approved scope of their contract. This amendment is to cover those costs.

Discussion:
There was no public comment or council discussion.

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


2. 2022 Merit Staff Pay Plan Structure (Details)

A resolution to approve the 2022 Merit Staff Pay and Benefits Study Report prepared by the Johanson Group, and to adopt the 2022 Merit Staff Pay Plan Structure.
Pass 7-0

Background:
The Johanson Group’s 2022 Merit Staff Pay and Benefits Study Report includes the following recommendations:

  • Adoption of the 2022 Proposed Merit Staff Pay Plan Structure;
  • Budget 5% merit pool for the 2022 merit staff pay adjustments;
  • Initiate a pay compression study in May 2022;
  • Continuation of current competitive employee benefits for merit staff personnel to meet the city’s Total Rewards Compensation and Benefits Philosophy – Competitive base pay to attract applicants within the city’s market recruitment area and retain competent employees by leading market recruitment area with total rewards (base pay and benefit) offerings.

Discussion:
There was no public comment.

Turk said she wanted to thank all the city workers, especially those who worked through the recent snow storms.

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


3. 2022 City-wide Employee Compensation Adjustment (Details)

A resolution to approve a budget adjustment in the amount of $780,000.00 to facilitate the City-wide 2022 Employee Compensation Adjustment.
Pass 7-0

Background:
The mayor is recommending a compensation package based on the fiscal results of 2021 operations and the Merit Staff Pay and Benefits Study that was recently completed.

The impact of the proposal would be to increase the budgets for various funds as follows:

Discussion:
There was no public comment.

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


4. Appeal: RZN-2021-088 (North Futrall Drive between Wedington Drive & Martin Luther King Jr. Boulevard/Watson) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-088 located on North Futrall Drive between Wedington Drive and Martin Luther King Jr. Boulevard for approximately 6.60 acres from RSF-4, Residential Single-Family, 4 units per acre to CS, Community Services.
Tabled indefinitely

Background:
The property is immediately east of I-49 and approximately 3?4 mile north of the intersection with Martin Luther King Jr. Boulevard. It has frontage along Futrall Drive, which is a one-way street heading north and is ARDOT right-of-way. The parcel is currently undeveloped and has almost 100% tree canopy coverage. It is located within the I-540 Overlay District and a small portion of the site is within the Hillside-Hilltop Overlay District.

The rezoning request was denied by the Planning Commission. It does not have the support of city planning staff.

Although it was appealed to the City Council, the applicant has said they will not pursue an appeal at tonight’s meeting.

Location:

Discussion:
As mentioned above, the applicant said they will not pursue an appeal.

Decision:
The council tabled the item indefinitely.


5. RZN-2022-002 (West of North Plainview Avenue & East Longview Street/City Center North, LLC.) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-002 located west of North Plainview Avenue and East Longview Street for approximately 5.85 acres from RSF-4, Residential Single-Family, 4 units per acre and RI-12, Residential Intermediate, 12 units per acre to UT, Urban Thoroughfare.
Left on the first reading

Background:
The property is in north Fayetteville and is west of the intersection of Plainview Avenue and Longview Street. It is sparsely developed, and is not identified as part of the 71B Master Plan Area.

The applicant has submitted an intent to develop the site with a mix of uses, including a hotel, restaurant and bar, multi-family residential, and office space.

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

Location:

Discussion:
There was no public comment.

Turk asked about the maximum building height is for UT. Staff said it’s seven stories.

Bunch said she would like to leave the item on the first reading to allow more time for consideration. The council agreed. The discussion will continue on April 5.


6. RZN-2022-003 (2235 W. Wedington Drive/Pagliani) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-003 located at 2235 W. Wedington Drive for approximately 0.43 acres from RSF-4, Residential Single-Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre.
Left on the first reading

Background:
The property is about 1/2 mile to the east of the I-49 interchange. It currently includes one single-family house.

The applicant has indicated an intent to develop duplexes on the property.

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

Location:

Discussion:
There was no public comment.

The applicant said they would be willing to retain the same setback requirements as RSF-4 if possible. Staff said there is actually no opportunity to do that under any of the city’s zoning districts.

City Attorney Kit Williams suggested holding off on a decision until the applicant can meet with city staff about their options.

Hertzberg asked the applicant if they are ready to move forward. The applicant said yes.

Turk said she’d rather leave the item on the first reading. The council agreed.

The discussion will continue on April 5.


7. RZN-2022-005 (3066 E. Joyce Blvd./Go Properties, LLC.) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-005 located at 3066 E. Joyce Blvd. for approximately 8.87 acres from R-A, Residential Agricultural to CS, Community Services; NS-G, Neighborhood Services-General; and RI-12, Residential Intermediate, 12 units per acre.
Left on the second reading

Background:
The property is in north Fayetteville approximately 700 feet north of Crossover Road’s intersection with Joyce Boulevard. It is currently undeveloped.

The applicant has not submitted any additional development plans or intent.

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

Location:

Discussion:
There was no public comment.

Scroggin said he likes the transition from CS to the more residential-focused district to the northeast.

Turk asked about tree preservation. Staff said the requirement is 20% on all three districts.

Kinion said he thinks it’s compatible, and motioned to move to the second reading. After moving to the second reading, Harvey said she’d like to hold it until April 5. The council agreed.


8. RZN-2021-093 (1101 N. Woolsey Ave./WRMC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-093 located at 1101 N. Woolsey Ave. for approximately 0.75 acres from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services-General.
Left on the second reading

Background:
The property is located northwest of the intersection of Woolsey Avenue and North Street. It contains a building that was originally constructed as a single-family home, though it was heavily renovated in 1996 for use as the Washington Regional Medical Center’s Cancer Support Home.

The applicant has shared an intent to restore the existing building on the property. Rezoning to a mixed-use zoning district would allow the building to be used for either commercial or residential purposes by-right.

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

Location:

Discussion:
Turk asked why a rezoning is needed to renovate the house since it’s already being used for non-residential purposes.

Staff said a non-conforming use is grandfathered in for a property as long as the use doesn’t cease for more than six months at a time. Sometimes, a renovation project can last longer than six months and that can present a problem for a property owner who’d like to resume that use.

The applicant said the use has already been suspended for more than six months, so they need a rezoning to resume at all.

Kinion said he’d like to hold the item until the next meeting. The discussion will continue on April 5.


9. RZN-2022-001 (SW of South Razorback Road & West Cato Springs Road/Selph) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-001 located southwest of South Razorback Road and West Cato Springs Road for approximately 5.99 acres from NS-L, Neighborhood Services Limited to CS, Community Services and R-A, Residential Agricultural.
Left on the first reading

Background:
The property is located just north of the Fulbright Expressway at the southwest corner of Razorback Road and Cato Springs Road. It is currently undeveloped and lies within the Hillside-Hilltop Overlay District. Most land to the west lies within a conservation easement.

No development plans have been shared for the parcel zoned CS, though the applicant has shared that the parcel zoned R-A would be used as tree preservation area.

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

Location:

Discussion:
Mayor Jordan said a tour of the area is planned for next Monday, so the item will be held on the first reading tonight.

There was no public comment.

The discussion will continue on April 5.


10. Amend Article XXXII Black Heritage Preservation Commission (Details)

An ordinance to amend Article XXXII of the Fayetteville City Code to change the name from Commission to Preserve Historical Black Structures and Cemeteries and to Create Black Historical Markers to the Black Heritage Preservation Commission.
Pass 7-0

Background:
The members of the newly created Commission to Preserve Historical Black Structures and Cemeteries and to Create Black Historical Markers have unanimously agreed to shorten and simplify the name as the Black Heritage Preservation Commission.

This ordinance is to make that change official.

Discussion:
There was no public comment.

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


11. Grant Facilitator/Administrator for Fayetteville’s American Rescue Plan Act (ARPA) Funds Disbursements (Details)

A resolution to fund and to request Mayor Jordan to promptly hire a grant facilitator/administrator for Fayetteville’s American Rescue Plan Act (ARPA) funds disbursements.
Pass 7-0

Background:
The council earlier this month agreed to extend the deadline for the city’s American Rescue Plan Act funding for non-profits and conduct a City Council input session.

During the session, the council agreed to hire an administrator to help distribute the funds, which is what this resolution would allow.

Discussion:
Wiederkehr said he supports this item because the large volume of funds that will be doled out to individual groups ($17.9 million) could be too much for the city to handle on its own in terms of making sure audit controls are in place since the money has strict regulations regarding how it’s all spent.

Staff said it could take a couple of months to write a job description, interview applicants and then get someone hired. The money for the position could be paid for using some of the ARPA funds.

There was no public comment.

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


Adjourned

This meeting was adjourned at 7:59 p.m.