Fayetteville City Council recap: Nov. 15, 2022

(Flyer photo, File)

On the agenda…

  • Appealing a cluster housing development on Oak Bailey Drive.
  • Approving the 2023 Annual Budget and Work Program.
  • Appealing two rejected permits for short-term rentals.
  • Approving two subrecipient agreements for ARPA funds.

» Download the agenda

Meeting info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Nov. 15, 2022 inside City Hall in Room 219. The meeting is also available on Zoom and is broadcast live 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, D’Andre Jones, Mark Kinion, Mike Wiederkehr, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

» 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 Nov. 1, 2022 City Council Meeting Minutes.
Pass 8-0

2. 2022 COPS Law Enforcement Mental Health and Wellness Grant Award (Details): A resolution to authorize the acceptance of a non-matching 2022 Community Oriented Policing Services Law Enforcement Mental Health and Wellness grant award in the amount of $94,810.73 for the expansion of the Police Department’s wellness and resiliency program, and to approve a budget adjustment.
Pass 8-0

3. 2022 COPS Hiring Program Grant Award (Details): A resolution to authorize acceptance of the 2022 Community Oriented Policing Services Hiring Program grant in the amount of $625,000.00 to fund five (5) new police officer positions and establish a violent crime/community outreach unit for a period of three (3) years with a required local match of $341,555.00 and an additional $292,054.00 in non-grant related project expenses, and to approve a budget adjustment
Pass 8-0

4. Police Department Body Armor Sourcewell Contract (Details): A resolution to approve the purchase of new and replacement ballistic bulletproof vests and plates from Gall’s, LLC and various dealers pursuant to a Sourcewell cooperative purchasing contract, plus applicable taxes and shipping charges on an as needed basis by the Fayetteville Police Department through Feb. 19, 2025.
Pass 8-0

5. Galls, LLC d/b/a Cruse Uniforms and Equipment Amendment 1 (Details): A resolution to approve Amendment 1 to the contract with Galls, LLC d/b/a Cruse Uniforms and Equipment to allow for a 5% price increase due to inflation.
Pass 8-0

6. RFP 22-10 Brown & Brown of Arkansas, Inc. (Details): A resolution to award RFP #22-10 and authorize a one-year contract with Brown & Brown of Arkansas, Inc. in the amount of $75,000.00, with automatic renewals for up to four additional one-year terms, for the provision of city employee benefits broker and consulting services.
Pass 8-0

7. JCI, Industries, Inc. (Details): A resolution to accept a quote in the amount of $101,651.00 plus applicable taxes and freight charges from JCI, Industries, Inc. for the rebuild of an aerator mixer at the Noland Water Resource Recovery Facility.
Pass 8-0

8. Community Access Television d/b/a Your Media (Details): A resolution to approve a budget adjustment in the amount of $15,000.00 recognizing contract production revenue from Community Access Television d/b/a Your Media and to increase related promotional activities budget.
Pass 8-0

9. Bid 22-53 Devore Excavating, LLC (Details): A resolution to award Bid #22-53 and authorize the purchase of unscreened topsoil materials from Devore Excavating, LLC as needed through the end of 2023.
Pass 8-0

10. 2022 ADEQ Grant for Public Space Recycling Containers (Details): A resolution to authorize acceptance of a 2022 Arkansas Department of Environmental Quality grant through the Boston Mountain Solid Waste District in the amount of $10,000.00 for the purchase of public space recycling containers, and to approve a budget adjustment.
Pass 8-0


Unfinished Business

1. Appeal CUP 22-039 (2992 N. Oak Bailey Dr./Oak Bailey Cluster Development) (Details Page 1, 2, 3)

A resolution to grant the appeal of council members Sarah Bunch, Teresa Turk, and Sloan Scroggin to deny conditional use permit CUP 2022-039 for a cluster housing development for property located at 2992 N. Oak Bailey Drive in Ward 3, and to deny a variance to § 164.22(d) of the Unified Development Code to exceed the maximum number of dwelling units permitted.
Tabled 8-0 until Dec. 6

Background:
This item would undo the Planning Commission’s decision to approve a conditional use permit for a cluster home development on Oak Bailey Drive. It was brought forward by neighbors in the surrounding area, who claim that the decision did not adequately consider compatibility with adjacent properties.

Location:

Oct. 4 Discussion:
The applicant said if the council wants to hold the item until mid-November, that would give them some time to meet with the neighbors and show them their plans in hopes that it would help alleviate some of their concerns.

During public comment, 10 people spoke against the permit and three people who are the developers spoke in favor. Those against the development mentioned concerns about potential water runoff, increased traffic and increased density if the property is developed as planned.

The council voted 7-0 to table the resolution until Nov. 15. Jones was absent during the vote to table.

Nov. 15 Discussion:
A group of residents submitted a list of conditions they would like to see placed on the project if the permit is approved. See that list here.

Eleven residents spoke against the permit, citing concerns about traffic congestion, pedestrian safety and drainage issues if the property is developed as planned.

Scroggin said the area needs some improvements, but it also needs added density. He said he hopes to be able to implement some of the conditions the residents have proposed.

“I look forward to voting for this, but it’s not there yet,” Scroggin said.

Bunch said she’s not interested in tacking on conditions tonight, considering some of the information presented has only been available for a few hours.

“I think it’s close, but seeing that we have had no time to look over it all, I don’t think it’s very wise to try and put something together tonight,” said Bunch.

The council voted 8-0 to table the resolution until Dec. 6.


New Business

1. 2023 Annual Budget and Work Program (Details)

A resolution to adopt the 2023 Annual Budget and Work Program.
Pass 8-0

Background:
At just over $216 million, the proposed 2023 budget is about $25 million more than the 2022 budget.

Councilmembers last week were told the increase is due an addition of about 45 full-time employees, mostly in the police and fire departments.

Discussion:
Jones asked if there was money in the budget for employee raises. Staff said yes.

Bunch asked if there was an Animal Services position proposed in the budget. Staff said yes.

Scroggin asked how many job openings there are in the Police Department. Staff said there are nine, but some are about to be filled.

Turk asked if there is any funding for cleanup of the water at Lake Fayetteville. Staff said there is not at this time, but the budget could be amended once a water quality study is completed. Turk said she didn’t want to wait until the study is complete. Staff suggested if a budget adjustment is made now, the money could come from ARPA funds that the city will receive since it is a water quality issue. Turk said she wants to be sure there’s still enough ARPA money left for the nonprofits who need pandemic relief. Staff said the money could be appropriated from sales tax capital fund reserves if the council doesn’t want to use ARPA funds. Turk made a motion to add $500,000 to the budget for cleanup work using sales tax capital fund reserves. Scroggin seconded. The motion passed 8-0.

Turk proposed a second budget amendment that would increase funding from $80,000 to $100,000 for a Sustainability and Resilience Department program that pays residents to pick up litter. That amendment passed 8-0.

The council approved the amended budget 8-0. Hertzberg was absent during the initial vote, but voted yes when she returned.


2. Appeal CUP 2022-0077 (1616 S. Price Ave./Oade) (Details)

A resolution to grant the appeal of Councilmembers Mark Kinion, Sloan Scroggin, and Sonia Harvey and approve conditional use permit CUP 2022-0077 for a short-term rental at 1616 S. Price Ave.
Fail 3-5

Background:
The Planning Commission last month voted 8-0 to deny a permit for a short-term rental on Price Avenue. Commissioners were concerned about the existing narrow streets and said having multiple short-term rentals in the area could destabilize the tight-knit neighborhood and the intent of the neighborhood’s existing overlay district.

City planners, however, disagree with that finding and said a short-term rental on the street is not likely to have a negative impact on the public interest. Staff said there is enough space available at the site to accommodate parking for overnight guests, and that trash containers are screened, and minimal disruptions are expected for neighbors.

Location:

Discussion:
Several neighbors spoke against approving the permit and said they didn’t like the transient nature of a short-term rental.

The representative for the applicant said the owner purchased the home with the intent of living in it, but health and job circumstances have led to a delay in them moving into the home full time so they’d like to rent it as a short-term rental until then. The owner plans to travel to town several times to stay in the home in the meantime.

The applicant said they’re willing to have the resolution amended to add some conditions that the home be advertised with some strict rules about the house when it’s listed on short-term rental sites.

Hertzberg said she’ll support the appeal because it sounds like the owner will be there often.

Jones said he’s concerned about setting a precedent for approving short-term rentals in small, established neighborhoods, so he won’t support the appeal.

Bunch said it’s one thing to put restrictions on a short-term rental advertisement about how the renters should behave, but it’s difficult to enforce those rules until a property becomes a problem.

Turk said it’s a unique neighborhood that has worked hard to preserve its tight-knit history. She won’t support the appeal.

Kinion said the family has a good plan for the home, but he will support the neighbors and side with the Planning Commission’s unanimous decision to deny the permit.

Hertzberg moved to include some conditions of approval that city staff have suggested (in the packet) as well as the conditions the applicant has suggested. That amendment passed 8-0.

Decision:
The council voted 5-3 to deny the appeal. Harvey, Jones, Kinion, Wiederkehr and Turk voted against. Bunch, Scroggin and Hertzberg voted in favor.


3. Appeal CUP 2022-0071 (2352 W. Houston St./Walnofer) (Details)

A resolution to grant the appeal of Councilmembers Holly Hertzberg, Mark Kinion, Sonia Harvey, and Sloan Scroggin and approve conditional use permit CUP 2022-0071 for a short-term rental at 2352 W. Houston Street.
Pass 8-0

Background:
The Planning Commission last month voted 5-3 to deny a permit for a short-term rental on Houston Street. Those opposed said a short-term rental would be incompatible with the surrounding neighborhood, citing potential adverse impacts on neighbors with disabilities. Those in favor were supportive of the request to operate an ADA-compliant short-term rental.

City planners, however, disagree with that finding and said a short-term rental on the street is not likely to have a negative impact on the public interest. Staff said there is enough space available at the site to accommodate parking for overnight guests, and that trash containers are screened, and minimal disruptions are expected for neighbors. Further, staff said the applicant intends to provide an accessible unit to accommodate the underserved accessible community visiting Fayetteville.

Location:

Discussion:
Hertzberg said she’ll support the appeal because it’s an ADA-accessible short-term rental, which Fayetteville does not have very many of. Harvey and Turk agreed.

One person spoke during public comment and asked the council to deny the permit. She said the home would be better suited if Lifestyles Inc. could purchase it to use it for housing residents with disabilities.

Decision:
The council voted 8-0 to approve the appeal, meaning the short-term rental permit is approved.


4. WCRAA Subrecipient Agreement (Details)

A resolution to approve a subrecipient agreement with the Washington County Regional Ambulance Authority to provide funding from the American Rescue Plan Act in the amount of $757,917.00 for premium pay for essential workers and the purchase of power load stretcher systems, four new ambulances, and an ambulance remount, and to approve a budget adjustment.
Pass 8-0

Background:
The city was contacted by the Washington County Regional Ambulance Authority to request money from the city’s share of ARPA funds. The plan is to purchase 22 power load stretcher systems, four new ambulances, one ambulance remount, and increase pay for essential workers, according to a staff memo. If approved, the request will be funded by money appropriated from the American Rescue Plan Act received by the city.

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.


5. Peace at Home Family Shelter Subrecipient Agreement (Details)

A resolution to authorize Mayor Jordan to sign a subrecipient agreement with Peace at Home Family Shelter for the expansion of the emergency shelter for survivors of domestic violence utilizing American Rescue Plan Act funds in the amount of $686,500.00, and to approve a budget adjustment.
Pass 8-0

Background:
The city was contacted by Peace at Home Family Shelter to request money from the city’s share of ARPA funds. The plan is to add three shelter bedrooms with bathrooms, which could help up to 60 more adults and children fleeing domestic violence each year, according to a staff memo. If approved, the request will be funded by money appropriated from the American Rescue Plan Act received by the city.

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.


Adjourned

This meeting was adjourned at 9:35 p.m.

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