Fayetteville City Council recap: March 21, 2023

(Flyer photo, File)

On the agenda…

  • Approving a pay incentive plan for fire department staff.
  • Rezoning 1.71 acres off Gregg Avenue.
  • Rezoning 2.24 acres on Gregg Avenue.
  • Rezoning 14.7 acres on Old Wire Road.
  • Appointing 14 nominees for city boards.
  • A 10-year lease agreement for the Town Center.

» Download the agenda

Meeting info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 7, 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


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report
Pass 8-0

Nominees:
The Nominating Committee recommends the following candidates for appointment:

Black Heritage Preservation Commission
Veronica Huff – One unexpired member-at-large term ending (12/31/25)
Wendell Huggins – One unexpired member-at-large term ending (12/31/25)

Civil Service Commission
Stanley Adelman – One citizen-at-large term ending (03/31/29)
Warren McDonald – One citizen-at-large term ending (03/31/29)

Community Development and Assistance Programs Advisory Board
Natasha Coleman – One resident-at-large term ending (12/31/26)
Vacant (no applicants) – One member involved in housing services term ending (12/31/26)

Construction Board of Adjustment and Appeals
Vacant (no applicants) – One member-at-large term ending (03/31/28)

Energy Improvement District No. 1
Vacant (no applicants) – One unexpired term ending (12/31/24)

Fayetteville Arts Council
Taylor Johnson – One unexpired working artist term ending (06/30/23)

Fayetteville Public Library
Sallie Overbey – One public-at-large term ending (04/01/28)
Bret Parks – One public-at-large term ending (04/01/28)

Housing Authority Board of Commissioners
Debra Humphrey – One unexpired resident representative term ending (12/28/23)
Vacant (no applicants) – One unexpired public-at-large term ending (12/28/26)

Planning Commission
Jimm Garlock – One citizen-at-large term ending (03/31/26)
Fred Gulley – One citizen-at-large term ending (03/31/26)
Brad Payne – One citizen-at-large term ending (03/31/26)

Public Facilities Board
Marlee Stark – One unexpired public-at-large term ending (12/31/27)

Urban Forestry Advisory Board
Vacant (no applicants) – One unexpired tree service community representative term ending (12/31/24)

Town and Gown Advisory Committee
Brandon Gibbins – One unexpired University of Arkansas student living off campus term ending (09/30/23)


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 7, 2022 City Council meeting minutes.
Pass 8-0

2. Tree escrow payments (Details): A resolution to approve a budget adjustment in the total amount of $101,992.00 to transfer a tree escrow balance for the planting of mitigation trees in various locations throughout the City of Fayetteville.
Pass 8-0

3. G.W. Van Keppel Company (Details): A resolution to authorize the purchase of a street sweeper/broom from G.W. Van Keppel Company for the amount of $66,877.00 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract.
Pass 8-0

4. Lewis Ford of Fayetteville (Details): A resolution to approve the purchase of five Ford vehicles from Lewis Ford of Fayetteville in the total amount of $191,058.00, pursuant to a state procurement contract, and to approve a budget adjustment.
Pass 8-0

5. Petroleum Traders Corporation (Details): A resolution to award bid #23-18 and approve a one-year contract with Petroleum Traders Corporation for bulk fuel purchases with automatic renewals for up to four additional one-year terms.
Pass 8-0

6. Donation revenue from Friends of YRCC (Details): A resolution to approve a budget adjustment in the amount of $22,126.00 representing donation revenue from Friends of YRCC to fund the 2023 programs offered at the Yvonne Richardson Community Center.
Pass 8-0

7. RFP 22-11, Ray Klein, Inc. (Details): A resolution to award RFP 22-11 and authorize a one-year contract with Ray Klein, Inc. doing business as Professional Credit Service for account collection services with automatic renewals for up to four additional one-year terms.
Pass 8-0

8. Surfco Restoration & Construction, LLC (Details): A resolution to approve a three-year lease agreement with Surfco Restoration and Construction, LLC for office space in the airport terminal building at 4500 S. School Ave. for rent in the amount of $1,000.00 per month.
Pass 8-0

9. Amendment 3, Hawkins Weir Engineers, Inc. (Details): A resolution to approve Amendment No. 3 to the professional engineering services agreement with Hawkins Weir Engineers, Inc. in the amount of $80,660.00 for additional services associated with the project to alleviate flooding near the North College Avenue and East Sunbridge Drive intersection, and to approve a budget adjustment for the 2019 Drainage Bond Project.
Pass 8-0

10. Construction Manager at Risk Services Contract with Crossland Heavy Contractors (Details): A resolution to authorize a construction manager at risk services contract with Crossland Heavy Contractors, Inc., in an amount not to exceed $38,950.00, pursuant to RFQ 23-02, for the Lake Fayetteville Softball Improvement Project.
Pass 8-0

11. 2023 Justice Assistance Grant (JAG) Award (Details): A resolution to authorize acceptance of the 2023 Justice Assistance Grant award in the amount of $124,499.00 to provide funding for the Fourth Judicial District Drug Task Force.
Pass 8-0

12. Fayetteville Advertising & Promotion Commission (Details): A resolution to approve a 10-year lease agreement with the Fayetteville Advertising and Promotion Commission for the Town Center and Town Center Parking Deck.
Pass 8-0

13. Titan Lawn and Landscape Contract Amendment (Details): A resolution to approve an amendment to the contract with Titan Lawn and Landscape, LLC in an additional amount not to exceed $150,000.00 to provide trash and removal services from unsanctioned camp sites on city property along the trail system and adjacent properties as needed, and to approve a budget adjustment.
Pass 8-0


Unfinished Business

1. RZN 23-002: (SE of N. Gregg Ave and W. Elm St/Legacy Ventures LLC, 367) (Details)

An ordinance to rezone that property described in Rezoning Petition RZN 23-002 located southeast of North Gregg Avenue and West Elm Street in Ward 2 for approximately 1.71 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre and RI-U, Residential Intermediate-Urban.
Left on the second reading

Background:
The properties are immediately southeast of the intersection of Gregg Avenue and Elm Street. The site is composed of two lots, and there are no existing structures on the property.

Both city planners and the Planning Commission recommend approval.

Location:

Discussion:
Two people spoke in opposition to the request.

Wiederkehr said 22 people attended a meeting on the property on Monday, and they would rather the property remain in its current zoning. They were also worried about water runoff, he said.

Turk said she won’t support an increase in density for that area, so she’ll vote against.

The council agreed to leave the item on the first reading. The discussion will continue on March 21.

March 21 Discussion:
The applicant has offered a Bill of Assurance that the development would be limited to single-family homes no taller than two stories. The council voted 8-0 to add the Bill of Assurance to the ordinance.

Several neighbors spoke in opposition during public comment.

Bunch said the Bill of Assurance is a good step in working with the neighbors towards a compromise. She said a lot of the issues neighbors sometimes have with drainage and other concerns can be settled in the large-scale development process, which is another step the developer must go through – including Planning Commission approval – before building.

Turk said the city’s drainage codes are not sufficient in her opinion. She said she’s worried about drainage in the area, and said she likely won’t support the request.

Berna said he can understand the neighbors’ apprehension, but the developer’s track record should be considered along with the city’s built-in system of checks and balances before a decision is made. He suggested holding the item for another two weeks since the Bill of Assurance was only offered today.

The council agreed to leave the item on the second reading. The discussion will continue on April 4.


New Business

1. Fayetteville Fire Department Incentive Plan (Details)

A resolution to approve the Fire Department Incentive Plan, and to approve a budget adjustment.
Pass 8-0

Background:
The city conducted a biennial survey of fire and police pay and benefits, identifying areas for improvement for fire department incentive and assignment pay to remain competitive in the job market. The Fayetteville Fire Department does not currently offer incentives, but staff believe the proposed incentive plan will help with retention of staff in specialized assignments, encourage higher education, and provide the community with well-trained personnel. The plan will cost $404,000.

Incentive Plan:

Discussion:
There was no public comment.

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


2. RZN 23-003 (1275 N. Gregg Ave/Pathway Baptist Church, 405) (Details)

An ordinance to rezone the property described in rezoning petition RZN 23-003 located at 1275 N. Gregg Ave. in Ward 2 for approximately 2.24 acres from RMF-24, Residential Multi-Family, 24 units per acre to RMF-40, Residential Multi-Family, 40 units per acre.
Pass 8-0

Background:
The property is about 350 feet north of the intersection of North Street and Gregg Avenue, and contains a single-family home and associated outbuildings.

Staff believe that as it’s currently developed, the property does not meeting its highest and best use, and that the proposed rezoning would locate additional residential density near groceries, two city parks, and between two significant employers: the Veteran’s Hospital to the northeast and the University of Arkansas main campus less than a half-mile to the south, as well as the nearby transit route and trail.

Both city planners and the Planning Commission recommend in favor of the request.

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.


3. RZN 23-004 (2910 N. Old Wire Rd./Van Scyoc, 255) (Details)

An ordinance to rezone the property described in rezoning petition RZN 23-004 located at 2910 N. Old Wire Road in Ward 3 for approximately 14.70 acres from RSF-4, Residential Single-Family, 4 units per acre and R-A, Residential Agriculture to R-A, Residential Agriculture and NC, Neighborhood Conservation.
Left on the first reading

Background:
The property is about 700 feet west of the intersection of Crossover Road and Old Wire Road, and with the exception of one single-family house, the three parcels are undeveloped. The entire property is covered with extensive tree canopy, and the eastern half is part of the streamside protection zone / floodplain & floodway of Niokaska Creek and is largely designated as part of the Enduring Green Network.

The applicant would like to shift the alignment of the existing Residential Agriculture zoning district to follow the boundary of the 100-year flood line, and to rezone the remainder of the property to Neighborhood Conservation.

Staff said the requested zoning district would be compatible with the surrounding context and is consistent with the goals in City Plan 2040. The existing and proposed zoning districts have similar allowable uses, but NC includes urban form setbacks rather than traditional setbacks. Rezoning from RSF-4 to NC would increase the density cap from 32 to 95 units, but future development would still be subject to minimum parking requirements, tree preservation, drainage, and access management standards.

Both city planners and the Planning Commission recommend in favor of the request.

Location:

Discussion:
During public comment, five people spoke in opposition to the request.

Berna said the council has seen numerous emails and phone calls in opposition to the proposal. He said he’d like to make sure the council takes its time in considering the project given the size of the property.

The council agreed to leave the item on the first reading. The discussion will continue on April 4.


Meeting duration

This meeting lasted 2 hours and 7 minutes, and was adjourned at 7:37 p.m.