(Flyer photo, File)On the agenda…
- Approving a graffiti abatement program.
- Updating the Active Transportation Plan.
- Honoring local African American trailblazers.
- ARPA reimbursement time period changes.
- Two Planning Commission decision appeals.
- Two rezoning requests.
- Three property vacation requests
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Feb. 21, 2023 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, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, 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 Feb. 7, 2022 City Council Meeting Minutes.
– Pass 8-0
2. Memorandum of Understanding Southeast Fayetteville Community Center, Inc. d/b/a Friends of Yvonne Richardson Community Center (Details): A resolution to approve a memorandum of understanding with the Southeast Fayetteville Community Center, Inc. d/b/a Friends of Yvonne Richardson Community Center to clarify the responsibilities of each entity.
– Pass 8-0
3. Acceptance of an Assistance to Firefighters Grant (Details): A resolution to authorize acceptance of an Assistance to Firefighters grant from the Federal Emergency Management Agency in the amount of $84,081.81, and to approve a budget adjustment.
– Pass 8-0
4. RFP 22-06 MGT of America Consulting, LLC (Details): A resolution to authorize a contract with MGT of America Consulting, LLC, pursuant to RFP 22-06, in the amount of $48,312.50, for the development of an updated cost allocation plan & user fee study, and to approve a project contingency in the amount of $4,832.00.
– Pass 8-0
5. 10-Year Water Purchase Agreement between the City of Fayetteville and the City of Elkins (Details): A resolution to approve a 10-year water purchase agreement between the City of Fayetteville and the City of Elkins to allow the City of Fayetteville to furnish wholesale potable water to the City of Elkins and its residents.
– Pass 8-0
6. Kim Petrone Water Damage Claim (Details): A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the mayor to pay the amount of $50,000.00 to Kim Petrone, Privacy Fence, Inc., and JDE Foundations, Inc. for a water damage claim arising at 3263 N. Makeig Court.
– Pass 8-0
7. Cards Holdings, Inc. – West End Apartments (Details): A resolution to approve additional funding in the amount of $3,078.08 associated with the demolition of the structures located at the former West End Apartments, and to approve a budget adjustment – 2019 Drainage Improvement Bond Project.
– Pass 8-0
Unfinished Business
1. Amend §130.39 Graffiti (Details)
An ordinance to amend §130.39 Graffiti in the Fayetteville Code to create a graffiti abatement program.
– Tabled 8-0 until April 18
Background:
This proposal from Councilmember Turk would establish a program that allows city staff to remove graffiti from private property as long as the owner does not want the graffiti, similar to a program already in place in Springdale.
Dec. 6 Discussion:
Turk said she frequently bikes the trails and often notices graffiti. She said she wanted to open up the conversation about how to handle graffiti on private property since the city is not allowed to clean up graffiti unless it’s on public property.
Turk said she likes the language the city attorney drafted except for the sentence that allows a leaseholder or tenant of a property to sign off on the cleaning, and that the owner should probably have the final say.
Harvey said she’d like to table the ordinance to allow time for the Arts Council to discuss the proposal at their next meeting. The council agreed, and tabled the item until Jan. 3, 2023.
Jan. 3 Discussion:
Harvey asked if the council would table this ordinance to allow more time for the Arts Council to discuss the proposal because there was so much business at the panel’s last meeting that they weren’t able to take it up.
Feb. 7 Discussion:
Turk said she’d like to table the ordinance until the next meeting to give the Arts Council more time to discuss the proposal and suggest some possible amendments.
The council agreed. The discussion will continue on Feb. 21.
Feb. 21 Discussion:
Turk said she found out today there are still some concerns from the administration about the constitutionality of the proposal, and while she doesn’t have any specific amendments to suggest now, she’d like to continue to try and solve an offensive graffiti problem she said she’s noticed near Dickson Street.
“That area is getting worse and worse,” Turk said. “We spend lots of money on trails, and yet we have not been able to keep them clean.”
Berna said while there is a problem, it’s a challenge to define what is offensive. “What is offensive to me might not be offensive to someone else,” he said.
Police Chief Mike Reynolds said there is an ebb and flow to graffiti. The department took 31 complaints about graffiti in 2021, but that number was just eight in 2022.
Councilmember Harvey said the Arts Council researched other cities’ graffiti issues, and the findings showed that while there isn’t a connection between graffiti and other types of crime, when graffiti is left uncleaned, it does tend to lead to more graffiti.
There was no public comment.
The council voted 8-0 to table the ordinance until April 18.
2. Fayetteville Active Transportation Plan Update (Details)
A resolution to approve an update to the Fayetteville Active Transportation Plan.
– Pass 8-0
The city’s ATP plan was originally adopted in 2015, and the ATP map was last revised in 2020. Officials have said incremental updates are needed to establish goals and best practices that better reflect current conditions and position Fayetteville to continue to lead as a walkable and bike-friendly community into the future.
The six goals of the plan are:
- Strive to create an equitable multimodal transportation system for all ages and abilities.
- Build a paved trail connection within a 10-minute walk of every residence by 2040.
- Encourage new participation in active transportation – gather and evaluate data to track trends and
measure success. - Zero fatalities or severe injuries of vulnerable roadway users by 2030.
- Implement all the appropriate recommendations from leading advocacy organizations community
evaluations. - Enhance opportunities for people with disabilities to walk, roll, cycle, and use micromobility services
and other innovative mobility technologies to the greatest extent possible.
Feb. 7 Discussion:
Harvey said she’d like to hold the resolution for two weeks to allow more time for residents to consider the plan. The council tabled the item 8-0 until Feb. 21.
Feb. 21 Discussion:
City staff said public outreach and engagement about the plan has been high on social media and the city’s website since the last meeting.
Decision:
The council voted 8-0 to approve the resolution.
New Business
1. African American Trailblazers (Details)
A resolution to honor African American trailblazers of Fayetteville.
– Pass 8-0
Council Members D’Andre Jones and Sonia Harvey sponsored this resolution which recognizes and honors Jessie Bryant, Frank Johnson, Tony Johnson, and John L. Colbert as governmental trailblazers in Fayetteville.
- Jessie Bryant was elected as the first African American Washington County Quorum Court Justice of the Peace, and founded the Northwest Arkansas Free Health Clinic.
- Frank Johnson served as the first African American Fayetteville Police Chief for the last two years of his 25 years of service in the Fayetteville Police Department.
- Tony Johnson served as the first African American Fayetteville Fire Chief for four years until retiring in 2009.
- John L. Colbert capped his service as a principal, assistant superintendent and associate superintendent by becoming the first African American Fayetteville School District Superintendent.
Discussion:
Several people spoke in support of the resolution during public comment.
Decision:
The council voted 8-0 to approve the resolution.
2. Study, Possibly Amend, and Affirm Support of the Amended City Plan 2040 (Details)
A resolution to study, possibly amend, and affirm support of the amended City Plan 2040.
– Pass 8-0
This resolution, sponsored by Councilmember Sarah Moore, expresses the council’s desire to further study and possibly amend City Plan 2040 and then affirm its support for the Amended 2040 Plan and recommend city staff’s continued utilization of the plan to guide transportation, utility, and economic development efforts.
Discussion:
Moore said she’d like the council to discuss some possible updates to the plan that better address affordable housing in Fayetteville.
Several council members said they’re open to hearing any suggestions on how the city could better guide itself through the current housing crisis.
Mayor Jordan said he thinks the City Council should hold a retreat to discuss the topic.
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
3. American Rescue Plan Act Reimbursement of Loss Revenue (Details)
A resolution to allow nonprofit organizations operating in Fayetteville to submit an application for reimbursement of loss revenue from American Rescue Plan Act funds from March 15, 2020 to March 2, 2021, and to approve a budget amendment of $1,000,000 (one million dollars) for these qualified applications.
– Pass 8-0
Councilmember Teresa Turk sponsored this resolution in an effort to allow nonprofit organizations to recoup financial losses incurred from March 2020 to March 2021. A previous measure approved over $582,000 in assistance to 11 groups for losses incurred from March 2021 to March 2022.
Discussion:
Berna said he’s struggling with the fact that there are still groups that have applied for funds under the previous rules, but haven’t yet gotten an answer about their approval. City staff said those groups can still apply for this new round of funding if tonight’s proposal is approved.
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
4. Appeal LSD 2022-039 (788 S. Sherman Ave./E. Huntsville Rd. Multi-family West) (Details)
A resolution to grant the appeal of DCI and to approve large-scale development 2022-039 located at 788 S. Sherman Ave. in Ward 1.
– Pass 6-2
The property is about a quarter of a mile west of Huntsville Road’s intersection with Happy Hollow Road. It is currently undeveloped, and another multi-family residential development is planned just east of the site which is currently under review as a Large Site Improvement Plan (LSIP-2022-0009). The applicant requests approval to build seven triplexes, one single-family home, and associated parking. Four variances from the Unified Development Code have been requested. The Planning Commission voted 7-2 to deny the request on Jan. 9, citing concerns that the variances may create or compound a dangerous traffic condition on Huntsville Road, and that the plan might not align with the city’s goals for appropriate housing and infill.
Location:
Discussion:
Berna said the project may have some challenges, but he thinks it’s a viable proposal that could add more housing for the city.
Turk suggested holding the proposal for two weeks to allow the council some time to visit the property. She said she has some concerns about traffic safety that she’d like to take a closer look at.
Moore said she’s fine with holding it, but she’d also be OK to approve the project tonight, mostly because of how many new homes would be brought to town with the development.
Bunch said she’d also like to approve the project, including granting the two variances in question.
Wiederkehr said he’ll side with the Planning Commission, and won’t support granting the two variances.
Bunch moved to amend the resolution to allow the ADA variance and the access management variance. The amendment passed 6-2, with Turk and Wiederkehr voting against.
Decision:
The resolution passed 6-2, with Turk and Wiederkehr voting against.
5. Appeal CUP 2022-0129: Conditional Use Permit (215 W. Lafayette St./Baxter) (Details)
A resolution to grant the appeal of council members D’Andre Jones, Holly Hertzberg, and Scott Berna and approve conditional use permit CUP 2022-0129 for a short-term rental at 215 W. Lafayette Street.
– Pass 6-2
The subject property is at the southeast corner Lafayette Street and Rollston Avenue. The applicant requested a conditional use permit to use the property as a Type 2 short-term rental, but the Planning Commission denied the request 4-4 on Jan. 23. Those voting against said there is an excess of Type 2 short- term rentals nearby and cited concerns about the area becoming a short-term rental, party neighborhood.
Location:
Discussion:
Moore said she’s torn because she wants to support the homeowners who said they can no longer live in the home because of their job, but she’s more concerned about the city’s shortage of affordable housing so she likely won’t support the appeal.
Bunch said the entertainment district can no longer be considered an affordable place to live, and that the area seems appropriate for a short-term rental property. Bunch said declining the permit won’t likely lead to the home becoming an affordable place for someone else to live. Turk agreed.
Wiederkehr said the home seems like the definition of a property that’s perfectly suitable as a Type 2 short-term rental, but many of his constituents are very concerned about the overabundance of STRs in the downtown area, so he’s struggling with his decision.
Harvey said the downtown area needs more places for visitors to stay, so she’ll support the appeal.
There was no public comment.
Decision:
The council voted 6-2 to approve the resolution. Moore and Wiederkehr voted against.
6. RZN 22-053 (3017 W. Old Farmington Rd./Arnold) (Details)
An ordinance to rezone that property described in rezoning petition RZN 22-053 located at 3017 W. Old Farmington Road in Ward 1 for approximately 0.50 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single-family, 18 units per acre.
– Pass 8-0
The property just south of Centennial Park, and includes a duplex built in 1977.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
Harvey said the area is good for new development. Jones agreed.
Hertzberg said she would’ve appreciated hearing from the applicant, but she’ll likely support the ordinance.
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
7. RZN 22-055 (N. Bob Younkin Dr. & W. Bishop Dr./Legacy Ventures NWA) (Details)
An ordinance to rezone that property described in rezoning petition RZN 22-055 located at North Bob Younkin Drive and West Bishop Drive in Ward 3 for approximately 7.76 acres from R-O, Residential-Office to CS, Community Services and RMF-24, Residential Multi-family, 24 units per acre.
– Left on the second reading
The property is in the Appleby Landing Subdivision, and is currently undeveloped, though it is surrounded by established single- and two-family neighborhoods to the east and west, a multi-family development to the south, and medical offices to the north. The applicant has not shared any specific development plans, though they have stated that the rezoning would allow for a mix of residential and commercial uses to cater to senior living.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
Berna said he’d like to advance the item to the second reading, but then hold it for two weeks to give people more time to consider the proposal. The council agreed. The discussion will continue on March 7.
8. VAC 22-019 (2231 W. Markham Rd./Markham Hospitality) (Details)
An ordinance to approve VAC 22-019 for property located at 2231 W. Markham Road in Ward 4 to vacate a portion of a utility easement.
– Pass 8-0
The property is located at the west end of Markham Road, and is within the 72-acre Pratt Place Inn Commercial Planned Zoning District. The applicant proposes to vacate a portion of an existing utility easement.
City planning staff recommend approval of the request. The Planning Commission does not hear these types of requests.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
9. VAC 22-028 (East Sain Street./Trails at the Creek) (Details)
An ordinance to approve VAC 22-028 for property located at 1074 E. Sain Street in Ward 3 to vacate a portion of utility easement and a portion of a grading easement.
– Pass 8-0
The property is in north Fayetteville, south of Mud Creek, and west of Butterfield Trail Village. The applicant proposes to vacate a portion of a utility easement.
City staff recommend approval with the following conditions:
1. Any damage or relocation of existing facilities will be at the developer’s expense.
2. Any new utility easements to serve LSD-2022-000006 must be coordinated when the Master Street Plan right-of-way is established.
3. A 20-foot wide easement must be retained for any existing sanitary sewer.
4. Utility vacation subject to approval and issuance of grading permit in association with LSD-2022-000006. 5. The City of Fayetteville will be reimbursed $127,500.00 for the original cost paid for the grading easements requested to be vacated.
6. The reimbursement must be paid prior to the grading easements being vacated.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
10. VAC 22-029 (1074 E. Sain St./The Trails on the Creek) (Details)
An ordinance to approve VAC 22-029 for property located at 1074 E. Sain Street in Ward 3 to vacate a portion of street right-of-way.
– Pass 8-0
The property is also in north Fayetteville, south of Mud Creek, and west of Butterfield Trail Village. The applicant proposes to vacate 0.10 acres of right-of-way following the construction of the recently completed Sain Street connection and associated bridge.
Both city planning staff and the Planning Commission recommend approval of the request with the following conditions:
1. Any damage or relocation of existing facilities will be at the developer’s expense.
2. Any new utility easements to serve LSD-2022-000006 must be coordinated when the Master Street Plan right-of-way is established.
3. A 20-foot wide easement must be retained for any existing sanitary sewer.
4. Right-of-way vacation subject to approval and issuance of grading permit in association with LSD-2022- 000006.
Location:
Discussion:
As requested by city staff, the ordinance was amended 8-0 to include two new conditions of approval – one to install two bus stops and another to transfer property to the city at the southeast corner of the roundabout at no cost.
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
Meeting adjourned
This meeting lasted 4 hours and 10 minutes, and was adjourned at 9:40 p.m.
