Fayetteville City Council recap: Dec. 20, 2022

(Flyer photo, File)

On the agenda…

  • Changes to the city’s short-term rental regulations.
  • Rezoning 0.67 acres on Vandeventer Avenue.
  • Rezoning 1.81 acres west of North Box Avenue.
  • Rezoning 0.11 acres on West Stone Street.
  • Rezoning 0.45 acres east of South Garland Avenue.
  • Approving four ARPA nonprofit assistance applications.
  • Razing and removing a structure on South Coach Road.
  • Approving two property condemnations.

» Download the agenda

Meeting info

A meeting of the Fayetteville City Council begins at 5:30 p.m. Tuesday, Dec. 20, 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


Mayor’s Announcements, Proclamations and Recognitions

1. Service Recognition for Councilmembers Kinion and Scroggin

 


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report (Details)

Pass 8-0

Background:
The nominees are listed below:

Active Transportation Advisory Committee
Melissa Rowe – One Unexpired Citizen-at-Large Term Ending (03/31/24)
David Criswell – One Citizen-at-Large Term Ending (12/31/24)
Daniel Greim – One Citizen-at-Large Term Ending (12/31/24)
Claude Terrell – One Citizen-at-Large Term Ending (12/31/24)

Airport Board
Zane Chenault – One Citizen-at-Large Term Ending (12/31/27)

Animal Services Advisory Board
Page Summers – One Unexpired Citizen-at-Large Term Ending (06/30/23)
Steve Wolverton – One Unexpired Business Representative Term Ending (06/30/25)
Miranda Anthony – One Unexpired Licensed Veterinarian/Veterinary Professional Term Ending (06/30/25)

Audit Committee
Charles Leflar – One Citizen-at-Large Term Ending (12/31/25)

Black Heritage Preservation Commission
Vacant – Two Citizen-at-Large Terms Ending (12/31/25)

Community Development and Assistance Programs Advisory Board
Matthew McMillian – One Unexpired Local Small Business Representative Term Ending (03/31/25)

Construction Board of Adjustments and Appeals
Elizabeth Stinnett – One Unexpired Term Ending (03/31/27)

Energy Improvement District No. 1
Vacant – One Citizen-at-Large Term Ending (12/31/24)

Environmental Action Committee
Alex Mauroner – One Citizen-at-Large Term Ending (12/31/25)

Housing Authority Board of Commissioners
Vacant – One Unexpired Citizen-at-Large Term Ending (12/28/23)
Jonathan Wood – One Citizen-at-Large Term Ending (12/28/27)

Parks and Recreation Advisory Board
Hugh Kincaid – One Citizen-at-Large Term Ending (12/31/25)
Sarah Downing – One Citizen-at-Large Term Ending (12/31/25)
Steve Sheeley – One Citizen-at-Large Term Ending (12/31/25)

Public Facilities Board
Vacant – One Citizen-at-Large Term Ending (12/31/27)

Urban Forestry Advisory Board
Lacey Jennen – One Citizen-at-Large Term Ending (12/31/24)
Coy Morris – One Citizen-at-Large Term Ending (12/31/24)
Tas Zinck – One Citizen At Large Term Ending (12/31/24)
Vacant – One Tree Service Community Representative Term Ending (12/31/24)


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 Dec. 6, 2022 City Council Meeting Minutes.
Pass 8-0

2. Williams Tractor, Inc. (Details): A resolution to approve the purchase of a Bobcat E50 excavator from Williams Tractor, Inc. in the amount of $68,908.50, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
Pass 8-0

3. G.W. Van Keppel Company (Details): A resolution to authorize the purchase of a concrete mixing truck from G.W. Van Keppel Company for the amount of $333,801.00 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
Pass 8-0

4. Bid 23-01 – Time Striping, Inc. (Details): A resolution to award Bid #23-01 and authorize the purchase of pavement marking installation from Time Striping, Inc. in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

5. Bid 23-02 – Sweetser Construction, Inc. (Details): A resolution to award Bid #23-02 and authorize the purchase of curb and gutter construction services from Sweetser Construction, Inc. in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

6. Bid #23-03 – Building Exteriors, Inc. (Details): A resolution to award Bid #23-03 and authorize the purchase of tree planting services from Building Exteriors, Inc. in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

7. Bid 23-04 – Emery Sapp & Sons, Inc. (Details): A resolution to award Bid # 23-04 and authorize the purchase of asphalt paving services from Emery Sapp & Sons, Inc. on an as needed basis through the end of 2023.
Pass 8-0

8. Bid 23-05 – APAC-Central, Inc. (Details): A resolution to award Bid #23-05 and authorize the purchase of concrete materials from APAC-Central, Inc. as primary supplier in variable amounts and for varying unit prices and to authorize the use of other bidders based on price and availability as needed through the end of 2023.
Pass 8-0

9. Bid 23-06 – Hunt-Rogers Materials, LLC (Details): A resolution to award Bid #23-06 and authorize the purchase of aggregate materials from Hunt-Rogers Materials, LLC as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2023.
Pass 8-0

10. 2023 Transportation Division Asphalt Materials (Details): A resolution to authorize the purchase of asphalt materials for use by the Transportation Division on an as needed basis through the end of 2023.
Pass 8-0

11. Bid 23-08 – Winwater Fort Smith (Details): A resolution to award Bid #23-08 and authorize the purchase of plastic drainage pipe from Winwater Fort Smith in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

12. Bid 23-09 – Scurlock Industries (Details): A resolution to award Bid #23-09 and authorize the purchase of concrete drainage pipe and structures from Scurlock Industries of Fayetteville in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

13. Bid 23-10 – Industrial Precast, Inc. (Details): A resolution to award Bid #23-10 and authorize the purchase of precast modular block retaining wall units from Industrial Precast, Inc. in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

14. Bid 23-11 Emery Sapp & Sons, Inc. (Details): A resolution to award Bid #23-11 and authorize the purchase of high performance cold mix asphalt from Emery Sapp & Sons, Inc. as needed through the end of 2023.
Pass 8-0

15. Bid 23-13 – Geveko Markings, Inc. (Details): A resolution to award Bid #23-13 and authorize the purchase of preformed thermoplastic pavement markings from Geveko Markings, Inc. as primary supplier and from Ennis-Flint, Inc. as secondary supplier in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

16. Bid 23-14 – J&S Lighting & Controls d/b/a Premier Lighting Group (Details): A resolution to award Bid #23-14 and authorize the purchase of lights, fixtures, and poles from J&S Lighting & Controls d/b/a Premier Lighting Group in variable amounts and for varying unit prices as needed through the end of 2023.
Pass 8-0

17. Bid 23-15 – Trulove Dirt Works, LLC (Details): A resolution to award Bid #23-15 and authorize the purchase of truck hauling services from Trulove Dirt Works, LLC as needed through the end of 2023.
Pass 8-0

18. Fayetteville Police Department Policies (Details): A resolution to approve Fayetteville Police Department Policies 22.3 Secondary Employment, 41.2.11 Use of Departmental Vehicles,
and 46.1.2 Critical Incidents.
Pass 8-0

19. Amendment to Contract – Smith Two Way Radio Communications, LLC (Details): A resolution to approve the first amendment to the tower space and ground lease agreement between the City and Smith Two Way Radio Communications, LLC for the radio tower site located at 3300 W. Dinsmore Trail to provide for the attachment of new equipment, increase the annual cost by $8,400.00, and extend the length of the agreement by five three-year renewable terms.
Pass 8-0

20. Department of Public Safety Memorandum of Understanding Grant Award (Details): A resolution to approve a memorandum of understanding with the Department of Public Safety and accept a 2022 Arkansas Department of Public Safety equipment grant award in the amount of $100,000.00 for the Police Department, and to approve a budget adjustment.
Pass 8-0

21. Fayetteville Fire Department Policy AOP-101 (Details): A resolution to approve policy AOP-101, General Information and Introduction of the Fayetteville Fire Department administrative operating procedures.
Pass 8-0

22. Renewal Contract for Startup Junkie Consulting, LLC (Details): A resolution to approve the third and final two-year renewal contract with Startup Junkie Consulting, LLC to provide economic development consulting services in the areas of entrepreneurship and innovation in the total amount of $300,000.00.
Pass 8-0

23. Change Order No. 9 Flintco, LLC – Police Headquarters Bond Project (Details): A resolution to approve Change Order No. 9 to the Construction Manager at Risk contract with Flintco, LLC for the Police Headquarters Project in the amount of $380,381.00, and to approve a budget adjustment – Police Headquarters Bond Project.
Pass 8-0

24. Amendment No. 9 – Environmental Consulting Operations, Inc. (Details): A resolution to approve Amendment No. 9 to the contract with Environmental Consulting Operations, Inc. in the amount of $65,500.00 for wetlands mitigation site monitoring and management in 2023.
Pass 8-0

25. 2023 Fayetteville Youth Center, Inc. Contract (Details): A resolution to authorize a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2023, with automatic renewals for up to four additional one-year terms.
Pass 8-0

26. 2023 Arkansas and the Area Agency on Aging of Northwest Arkansas Contract (Details): A resolution to authorize a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $145,804.00 to provide public recreation services for the senior citizens of Fayetteville for 2023, with automatic renewals for up to four additional one-year terms.
Pass 8-0

27. Parks, Natural Resources, and Cultural Affairs Department (Details): A resolution to approve a budget adjustment in the total amount of $13,337.00 recognizing donation revenue from citizens and local businesses to the Parks, Natural Resources, and Cultural Affairs Department.
Pass 8-0

28. Bid #21-72 – Comfort Systems USA, Inc. (Wilson Pool Repairs) (Details): A resolution to approve a proposal from Comfort Systems USA, Inc. in the amount of $180,944.00, pursuant to Bid #21-72, for pluming repair at Wilson Park pool, to approve a project contingency in the amount of $40,000.00, and to approve a budget adjustment.
Pass 8-0

29. Curtis H. Sykes Memorial Grant Program Award (Details): A resolution to authorize acceptance of a Curtis H. Sykes Memorial Grant program award in the amount of $2,457.00 from the Arkansas State Archives and the Black History Commission of Arkansas for the purchase of the Nelson Hackett historical marker, and to approve a budget adjustment.
Pass 8-0

30. Animal Services Division Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $47,474.00 representing donation revenue to the Animal Services Division.
Pass 8-0

31. Change Order No. 3 DEMX Architecture (Details): A resolution to approve Change Order No. 3 to the Professional Architectural Services Agreement with DEMX architecture in the amount of $32,250.00 for additional services related to the Wilson Park restroom/hub building.
Pass 8-0

32. Community Development Block Grant Program Income and Donations (Details): A resolution to approve a budget adjustment in the total amount of $29,969.00 representing Community Development Block Grant Program income and donations from citizens and local businesses, and allocating use fund balance funds.
Pass 8-0

33. 2023 Community Access Television, Inc. d/b/a Your Media Contract (Details): A resolution to approve a contract with Community Access Television, Inc. d/b/a Your Media in the amount of $207,307.00 for the provision of public access television services and the operation of the Public Access Television Channel through 2023.
Pass 8-0


Unfinished Business

1. Raze and Removal of Structure at 3301 S. Coach Road (Details)

A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Kevin Roy Calhoun located at 3301 S. Coach Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,500.00.
Tabled 8-0 until Jan. 17

Background:
City staff said a formal case was opened for this property on June 29, and that the property has faced corrective action from code violations on three separate occasions, and has a history of non-compliance with city code for over a decade. Besides grass and vehicle violations, staff said the structure has now deteriorated past the point of repair.


Location:

Dec. 6 Discussion:
Staff said the home has been vacant for at least six years.

Several councilmembers said they were worried about the safety of anyone who enters the home.

There was no public comment.

Bunch suggested tabling the item for two weeks before authorizing the raze and removal of the structure. The council agreed, and voted 8-0 to table the resolution until Dec. 20.

Dec. 20 Discussion:
The homeowner emailed the City Council today and said he plans to manage the removal of the structure himself. City staff said they gave him the information he’d need to get started, including how to get the proper permits.

Turk suggested tabling the item until the second meeting in January to give the homeowner time to take action. The council voted 8-0 to table the resolution. The discussion will continue on Jan. 17, 2023.


2. RZN 22-048 (1657 N. Vandeventer Ave., Osborne) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-048 located at 1657 N. Vandeventer Ave. in Ward 2 for approximately 0.67 acres from RSF-4, Residential Single Family, 4 units per acre to RMF-24, Residential Multi-family, 24 units per acre.
Pass 7-1

Background:
The property contains two parcels southwest of the intersection of Sycamore Street and Vandeventer Avenue. It is largely covered by tree canopy and currently developed with one single-family home. The northern portion of the property is fairly steep with a grade in excess of 30%, and most of the property is located within the Hillside/Hilltop Overlay District.

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

Location:

Dec. 6 Discussion:
Robert Rhoads, an attorney representing the applicant, said the plan is to build up to nine townhomes on the property.

There was no public comment.

Turk said she drove through the neighborhood today and suggested the council tour the area because Vandeventer is a narrow street.

Scroggin moved to go to the second reading. Jones seconded. The motion passed 7-1 (Turk voted no). Hertzberg said she’d like to hold the item on the second reading to allow time for a tour of the area. The council agreed. The discussion will continue on Dec. 20.

Dec. 20 Discussion:
There was no public comment.

Turk said she won’t support the request because of the steepness and the slope of the property. “I feel like the topography is against it,” said Turk.

Decision:
The council voted 7-1 to approve the request. Turk voted against.


3. RZN 22-045 (west of North Box Avenue) (Details)

Fail 4-3
An ordinance to rezone that property described in rezoning petition RZN 22-045 located west of North Box Avenue in Ward 3 for approximately 1.81 acres from RSF-4, Residential Single-family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre.

Background:
The properties are located roughly 500 feet north of the intersection of Box Avenue and Mission Boulevard, and are currently developed with two single-family homes.

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

Location:

Dec. 6 Discussion:
Staff said the applicant has requested the item be held for two weeks.

Four neighbors spoke and said they don’t want additional density on their street.

The council left the ordinance on the first reading. The discussion will continue on Dec. 20.

Dec. 20 Discussion:
The applicant has offered a Bill of Assurance that would limit the number of units on the property to 12, which is about 6.6 units per acre or nearly half of what is allowed under the requested zoning.

The council voted 8-0 to amend the ordinance to include the Bill of Assurance.

Bunch said it is a busy area, but it’s not Box Avenue that contributes to the traffic – it’s coming from the two state highways that converge nearby.

Wiederkehr said the applicant has been responsible in addressing the concerns of the neighbors. He said while he’s not sure the street is the best place in town to add density, the added homes on the street won’t amount to any noticeable increase in traffic since it’s already in a high-traffic area.

Harvey said she’s concerned about the stream near the end of the dead end road, but she’s also happy to see the Bill of Assurance. “This is a tough one for me,” said Harvey.

Decision:
The council voted 4-3 (Kinion was absent during the vote) so the ordinance failed. Turk, Hertzberg and Harvey voted against, and Mayor Jordan declined to vote.


1. Amend §118.01, §118.02, §151.01, §159.01, §163.18 and §164.26 (Details)

An ordinance to amend §118.01 Applicability and §118.02 Entry Upon Business Registry And Issuance Of Business License Of The Fayetteville City Code, to amend §151.01 Definitions, §159.01 Fees/schedule, and §163.18 Short-term Rentals of the Unified Development Code, and to enact §164.26 Type 2 Short-term Rentals in Non-residential and Mixed Use Zoning Districts for the purpose of increasing fees for Conditional Use Permits and Type 2 Short-Term Rental business licenses, amending the regulations for Type 2 Short-Term Rentals based On zoning district, and removing outdated and unnecessary provisions related to the 12-month start-up period.
Pass 7-0

Background:
This proposal would adopt changes that the council’s Ordinance Review Committee has recommended to the city’s short-term rental regulations. The changes include increasing the cost of a business license for a STR from $35 to $50 and the cost of an annual renewal from $15 to $50. The required conditional use permit fee would increase from $100 to $200. The proposal would remove the conditional use permit requirement for Type 2 STRs in non-residential and mixed-use zoning districts, and would incorporate factors to consider for Type 2 STRs located in residential zoning districts.

The agenda packet also includes two amendments proposed by Councilmember Wiederkehr. The first proposed amendment would reduce the city-wide density cap for Type 2 STRs from 2% of the total dwelling units in Fayetteville (about 894) to 550. It would also remove the exemption for Type 2 STRs in zoning districts that allow hotels and motels by right.

The second proposed amendment would reduce the occupancy limit for Type 2 STRs in residential zones to the limit of the underlying zone plus one. Currently, the ordinance allows 2 people per bedroom plus 2. The proposed amendment would allow Type 2 STRs to have up to 4 unrelated people in a single-family zoning district and up to 5 in a multi-family zoning district.

Discussion:
Hertzberg suggested passing the proposed ordinance without Wiederkehr’s amendments, but to consider his amendments along with any other possible changes at the next Ordinance Review Committee meeting.

Decision:
The council voted 7-0 to approve the ordinance. There were no amendments added to the item. Kinion was absent.


New Business

2. American Rescue Plan Act Nonprofit Assistance Applications (Details)

A resolution to approve four American Rescue Plan Act nonprofit assistance applications in the total amount of $252,745.29 to provide economic assistance to nonprofit organizations utilizing American Rescue Plan Act funds.
Pass 7-0

Background:
The council earlier this year approved the creation of an economic assistance program to distribute some of the city’s American Rescue Plan Act funds to nonprofit organizations that experienced negative economic impact directly related to the pandemic.

This proposal would award ARPA funds to the following organizations:

  • Tri Cycle Farms, Inc. – $66,391.61
  • Rockin’ Baker Academy – $40,988.86
  • Good Shepherd Lutheran Church – $40,428.20
  • FHA Development, Inc. – $104,936.62

Details about the organizations and their requests can be found here.

Discussion:
There was no public comment.

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


3. RZN 2022-050 (682 W. Stone St./Kevlin) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-050 located at 682 W. Stone Street in Ward 2 for approximately 0.11 acres from RMF-40, Residential Multi-Family, 40 units per acre to RI-U, Residential Intermediate-Urban.
Pass 7-0

Background:
The property is located roughly 150 feet east of the intersection of West Stone Street and South Hill Avenue, and is developed with a single-family home. The site is about 200 feet west of the Arkansas-Missouri Railroad.

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

Location:

Discussion:
There was no public comment.

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


4. RZN 2022-049 (east of South Garland Avenue/Kevlin) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-049 located east of South Garland Avenue in Ward 1 for approximately 0.45 acres from RSF-4, Residential Single-family, 4 units per acre and I-1, Heavy Commercial and Light Industrial to RI-U, Residential Intermediate-Urban.
Pass 7-0

Background:
The properties are about 300 feet north of the intersection of South Garland Avenue and West Cato Springs Road. Ellen Smith Headstart and Lifesource neighbor the property to the east. The site encompasses two undeveloped lots that each included single-family homes that were demolished earlier this year.

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

Location:

Discussion:
There was no public comment.

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


5. Condemnation and Possession – Stanley W. Smith Revocable Living Trust (Details)

A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by the Stanley W. Smith Revocable Living Trust needed for the Midtown Corridor Project.
Pass 7-0

Background:
Right-of-way and easement acquisition began for the Midtown Corridor Project in January, and staff have been successful in acquiring all but a few of the properties for the project, according to city documents. Staff said the property at 1641 N. Oakland Ave. is one of the last of the 73 properties to be acquired, but the owner of the property has refused to sign right-of-way and easement documents. The city needs 2,752 square feet of utility easement, 1,443 square feet of temporary construction easement and 1,009 square feet of drainage easement from the property. Staff said they will continue to negotiate with the property owner to avoid condemnation if possible, but it is imperative that the right-of-way be acquired in a timely manner so as not to delay the construction.

Case history:

Location:

Discussion:
There was no public comment.

Decision:
The council voted 7-0 to pass the resolution. Kinion was absent.


6. Condemnation and Possession – Charles N. Mayes (Details)

Pass 7-0
A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Condemnation and Possession – Charles N. Mayes needed for the Midtown Corridor Project.

Background:
Right-of-way and easement acquisition began for the Midtown Corridor Project in January, and staff have been successful in acquiring all but a few of the properties for the project, according to city documents. Staff said the property at 1641 N. Leverett Ave. is one of the last of the 73 properties to be acquired, but the owner of the property has refused to sign right-of-way and easement documents. The city needs 1,946 square feet of temporary construction easement and 281 square feet of drainage easement from the property. Staff said they will continue to negotiate with the property owner to avoid condemnation if possible, but it is imperative that the right-of-way be acquired in a timely manner so as not to delay the construction.
Case history:

Location:

Discussion:
There was no public comment.

Decision:
The council voted 7-0 to pass the resolution. Kinion was absent.


Adjourned

This meeting was adjourned at 8:07 p.m.