Fayetteville City Council recap: May 16, 2023

(Flyer photo, File)

Meeting action

Approved

  • Hiring a company to investigate illegal short-term rental properties.
  • Repealing the city’s ban on the retail sale of dogs and cats.
  • Allowing more types of vendors at the Gulley Park Summer Concert Series.
  • Changes to the city’s parking regulations.
  • Dissolving the Energy Improvement District No. 1.
  • Rezoning 1.06 acres on Old Wire Road.
  • Rezoning 0.20 acres on Fletcher Avenue.

Denied

  • Appealing a previously approved large-scale development south of Shiloh Drive.
  • Reducing individual public speaking time from 5 minutes to 3 minutes during council meetings.

Held

  • Amending the city’s water and sewer rates.

Listed below are all the items up for approval and links to PDF documents with detailed information on each item of business.

» Download the agenda

Meeting info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, May 16, 2023 inside City Hall in Room 219. The meeting is also available on Zoom and is broadcast live on the city’s YouTube channel.


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. Arkansas Special Olympics Award for FPD: A recognition presented by Donna Kilmer to Chief Mike Reynolds in honor of the Arkansas Special Olympics award received by the FPD (Fayetteville Police Department).


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 April 18, 2023, and May 2, 2023, City Council meeting minutes.
Pass 8-0

2. Elkins Sewer Easements (Details): A resolution to approve the conveyance of easements to the City of Elkins across portions of City of Fayetteville property located near Lake Sequoyah for the installation of sewer lines.
Pass 8-0

3. 11th Street Cottages, LLC: (Details): A resolution to approve a cost share agreement with 11th Street Cottages, LLC for the extension of an 8-inch water main near the corner of East 11th Street and South Washington Avenue, with a refund in an estimated amount of $47,834.30 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $4,783.43.
Pass 8-0

4. Kent B. Detmer Condemnation (Details): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Kent B. Detmer needed for the West Water Transmission Main project.
Pass 8-0

5. FHWA, ARDOT, and NARPC Grant Program (Details): A resolution to express the willingness of the City of Fayetteville to apply for 80/20 Federal-Aid Transportation Alternative Program, Carbon Reduction Program, Safe Streets for All, and Surface Transportation Block Grant Program – attributable funds in the total amount of $25,800,000.00.
Pass 8-0

6. Taxiway “E” Environmental Assessment (Details): A resolution to authorize the application for a Federal Aviation Administration grant in the amount of $189,450.00 to fund 90% of the costs of an environmental assessment for the proposed Taxiway E extension project at Drake Field Airport.
Pass 8-0

7. Change Order #12 RFQ-18-11 – Arts Corridor (Details): A resolution to approve Change Order No. 12 to the contract with Nabholz Construction Corporation in the amount of $2,378,349.40 for work related to the Cultural Arts Corridor, and to approve a budget adjustment for the 2019 Cultural Arts Corridor Bond Project.
Pass 8-0

8. ARPA – Nonprofit Assistance Applications (Details): A resolution to approve seventeen American Rescue Plan Act nonprofit assistance applications in the total amount of $1,000,000.00 to provide economic assistance to nonprofit organizations utilizing American Rescue Plan Act funds.
Pass 8-0

9. ARPA – Arkansas United Community Coalition (Details): A resolution to authorize Mayor Jordan to sign a subrecipient agreement with Arkansas United Community Coalition to provide funding for two community navigators to assist immigrants in Fayetteville with healthcare needs, utilizing American Rescue Plan Act funds in the amount of $50,000.00, and to approve a budget adjustment.
Pass 8-0

10. 2023 DTF JAG Grant Award Addendum (Details): A resolution to authorize the acceptance of the Edward Byrne Memorial Justice Assistance Grant award addendum for the 4th Judicial District Drug Task Force in the amount of $29,087.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds.
Pass 8-0


Unfinished Business

1. An Ordinance to Amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates to Change Water and Sewer Rates: (Details)

An ordinance to amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates to change water and sewer rates as recommended by the cost of service study conducted by Black & Veatch.
Tabled 8-0 until July 18

Background:
This ordinance would make the recommended changes to the city’s water and sewer rates as discussed in the public hearing on tonight’s agenda.

The changes would apply to water and sewer customers who live outside the city limits. Rates would stay the same for those whose addresses are inside the city limits.

July 19 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled to allow time to meet with Farmington city leaders to negotiate a new contract. He requested the item be held until Dec. 6.

Mayor Jordan said he would also like to table the item to allow time to make some changes to the recommendations.

Dec. 6 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled to allow more time to negotiate with Farmington city leaders on a new contract. He requested the item be held until March 7, 2023.

March 7 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled until April 18, 2023. Becker said staff needs more time, partly because they’re still negotiating with Farmington city leaders.

April 18 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled until May 16, 2023. Becker said staff needs more time with the proposal.

May 16 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled until July 18, 2023. Becker said staff needs more time with the proposal.


2. Amend §72 Parking Regulations (Details)

An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville City Code to authorize the Mayor to establish and administer rules regulating parking fees in established parking zones, and to make technical revisions.
Pass 8-0

Background:
The City Council currently determines parking rates and rules, but they can only be changed through a formal process. City staff said the administration wants to be more flexible in managing parking to make it easier for people to find parking spaces downtown, and that they have analyzed the parking situation and found opportunities to improve availability and enhance the experience for visitors.

Staff are recommending giving more decision-making power to the mayor – specifically to allow the mayor to establish where parking fees are required, set the fees and permits, and determine the days and times when payment is needed. Under this proposal, the mayor would also have the authority to suspend parking rules during city holidays.

Additionally, the mayor would be able to adjust the parking rates within established parking districts, subject to certain limitations. The Parking Division would assess parking usage before any rate adjustment and provide annual reports to the council. The adjustments would be based on achieving an ideal utilization rate between 75%-85% of parking spaces. The hourly rate increases would not exceed $2 per hour per adjustment period, and any changes to rates or hours would be communicated through signage for two weeks before enforcement.

Staff said the overall goal is to have a more flexible and data-driven approach to parking management, allowing for adjustments based on demand and usage patterns in downtown areas.

May 2 Discussion:
Kelly Rich with the Downtown Fayetteville Coalition spoke in favor of the proposal.

Turk said she wants to hold the item to give herself and others more time to consider the changes. Bunch agreed.

The council left the ordinance on the first reading. The discussion will continue on May 16.

May 16 Discussion:
Kelly Rich with the Downtown Fayetteville Coalition again spoke in favor of the proposal.

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


New Business

1. Dissolution of Energy Improvement District 1 (Details)

An ordinance to repeal Article XXVI Energy Improvement District No. 1 in Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code, and to approve the dissolution of Energy Improvement District No. 1.
Pass 8-0

Background:
City staff are recommending the Energy Improvement District No. 1 be dissolved. The group was formed to support Fayetteville and Springdale residents who want to make energy-efficient improvements to their properties, however, since its establishment in 2013, the district has only successfully completed one project. Staff said despite efforts from district administrators and board members, various factors such as economic challenges, alternative incentive programs, and a lack of community participation have prevented more projects from utilizing the district. Recently, Springdale decided to withdraw from the district due to its inactivity. As a result, the group’s board voted unanimously to dissolve itself.

Discussion:
There was no public comment.

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


2. Amendment: §92.04(C) Pet Store Operations (Details)

An ordinance to amend §92.04(C) of the Fayetteville Code to conform this subsection with the just-enacted Act 730 of the 94th General Assembly.
Pass 8-0

Background:
This item is related to an ongoing issue with local pet store Petland. The council last year voted 8-0 to ban the retail sale of cats and dog sunless they are first obtained from and in cooperation with the city’s animal shelter or another animal rescue organization. That decision was made in the weeks leading up to the opening of Petland in north Fayetteville.

The owners quickly sued the city and a temporary restraining order was issued to prevent enforcement of the law before it went into effect.

A new state law was recently passed to prevent cities from regulating pet stores acquiring or selling animals from kennels, catteries or dealers licensed by the U.S. Department of Agriculture.

City Attorney Kit Williams said because of the new state law, Fayetteville needs to repeal its ordinance.

Discussion:
There was no public comment.

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


3. Amendment: §97.086 Vending and Peddling in Parks (Details)

An ordinance to amend the title of Chapter 97 Parks and Recreation to Parks, Natural Resources, and Cultural Affairs, and to amend §97.086 Vending and Peddling to authorize the Director of Parks, Natural Resources, and Cultural Affairs to appoint a market organizer to coordinate vendors at the Gulley Park Concert Series through December 31, 2023.
Pass 8-0

Background:
This proposal would authorize the parks department to appoint a market organizer who is responsible for coordinating and overseeing approved vendors at the Gulley Park Concert Series, including artists, makers, and craftspeople. Currently, the city’s regulations only allow vending by concert series sponsors and food trucks. Staff are suggesting this proposal only last through the 2023 series as a pilot program. After that, it could be amended and extended or made permanent.

Discussion:
Two representatives from NWA Makers spoke in favor of the ordinance.

Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it, along with an emergency clause so the ordinance can be enacted before this year’s concert season begins on June 8.


4. Appeal: LSD-2023-0004: (South of N. Shiloh Dr/The Junction at Shiloh, 363) (Details)

A resolution to grant the appeal of City Council Member Teresa Turk and deny the large-scale development application LSD-2023-004.
Fail 7-1

Background:
This resolution would grant the appeal of a large-scale development that was approved by the Planning Commission in April. Neighbors in the area of the property have said development might exacerbate flooding and in the area and that they have issues with proposed building heights, the singular access to the site through the proposed Shiloh Drive extension, and removal of wildlife habitat. They also requested a vegetative buffer be maintained for the residential properties to the west.

Location:

Discussion:
Two residents who oppose the development say they believe it would cause traffic problems, flooding issues and adverse effects on the nearby trail.

One person said the city is in a housing crisis and implored the council to uphold the development’s approval.

Turk said she agrees with the neighbors and thinks the development could cause drainage problems.

City Attorney Kit Williams reminded the council that state law requires all large-scale developments which comply with the city’s minimum standards to be approved. The only other reason for just denial would be if it could be proven that the development would create or compound a dangerous traffic condition or if city water or sewer is not available.

Decision:
The council voted 7-1 to deny the appeal. Turk voted in favor. The project can move forward as previously approved.


5. Rezone-2023-0010: (1746 N. Old Wire Road / Perry, 369) (Details)

An ordinance to rezone that property described in Rezoning Petition RZN-2023-010 located at 1746 North Old Wire Road in Ward 3, comprising approximately 1.06 acres, from RSF-4 (Residential Single-Family, four units per acre) to NC (Neighborhood Conservation).
Pass 8-0

Background:
This property is approximately 1/3 of a mile northeast of the intersection of Old Wire Road and Mission Boulevard.

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

Location:

Discussion:
There was no public comment.

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


6. Rezone-2023-0011: (239 & 245 N. Fletcher Ave/Hambrice, 485) (Details)

An ordinance to rezone that property described in Rezoning Petition RZN-2023-011 located at 239 and 245 North Fletcher Avenue in Ward 1, comprising approximately 0.20 acres, from RMF-24 (Residential Multi-Family, twenty-four units per acre) to RI-U (Residential Intermediate-Urban).
Pass 8-0

Background:
This property is on the west slope of Mount Sequoyah on the west side of Fletcher Avenue. It contains two single-family homes that were built in 2020.

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

Location:

Discussion:
There was no public comment.

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


7. Short-Term Rental Business License Compliance (Details)

A resolution to authorize and request that Mayor Jordan contract with a company to investigate and report back to the city information about short-term rental operations that do not have valid business licenses, and to approve an appropriate budget adjustment to pay for the contract.
Pass 8-0

Background:
It is suspected that there are numerous short-term rental businesses being operated inside the city limits without the required permits. City staff have said they don’t have the resources to investigate which properties are being illegally used as short-term rentals, so this proposal would authorize the city to hire an independent contractor to locate potentially illegal rental properties, investigate whether they are indeed violating city law, and report back to the city its findings.

Discussion:
Councilmember Teresa Turk, who is sponsoring the investigation resolution, said she recently checked the Airbnb website and found seven unlicensed rentals in one city block where the Planning Commission recently approved a permit for a short-term rental. Knowing about those other rentals, she said, could’ve had an impact on the commission’s decision.

Jonathan Curth, the city’s development services director, said in researching independent contractors who could be hired, there are various services offered ranging from simple data gathering to operating a 24-hour hotline, to actual enforcement. The cost for the most basic services, like simply reporting non-compliant addresses to the city, would likely be around $20,000.

Councilmember Berna said as a member of the council’s Ordinance Review Committee, more data about short-term rentals would be helpful as the committee works to continue refining the city’s regulations.

As of today, city staff said there are 379 Type 2 short-term rentals licensed in Fayetteville out of the 894 that are allowed for under the law. There are likely at least 300 short-term rentals being operated in Fayetteville without the required licenses or permits.

There was no public comment.

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


8. Amend City Council Rules of Order & Procedure – Public Comment (Details)

A resolution to amend Rule A.7. D. (2) Public Comments to reduce the allowed speaking time for the public from 5 minutes to 3 minutes and to remove any requirement for speakers to sign up before the item is opened for public comment.
Fail 4-4

Background:
This proposal, which is sponsored by Councilmember Scott Berna, would reduce the allowed speaking time for the public from 5 minutes to 3 minutes and would remove the requirement that speakers sign up in advance. City Attorney Kit Williams said the sign-up rule was first adopted as a means to speed up meetings, but since the council has never denied a non-signer to speak, the requirement is unnecessary and should be removed.
Discussion:
Berna said in the past when the council limits public comments to 3 minutes – which it did on May 2 – the meetings seem more efficient and more people have an opportunity to speak, so he’d like to make that change permanent.

Moore said she’d like to table the resolution to give the public more time to consider the change.

During public comment, resident Rob Qualls said there are other ways the meetings could be more efficient besides reducing public speaking time, including limiting council member debate, not bloating agendas by walking items onto the agendas after they’ve been created, or being more strict in following Robert’s Rules of Order.

Resident Kyle Smith agreed, and said sometimes council members are confused about which reading an ordinance is on, so paying more attention could help speed things up.

Turk said she’d rather wait until the beginning of next year when the council’s procedures are readopted before making any changes.

Bunch said it’s true the council could monitor itself better. Walking items onto a packed agenda is one thing that could be reconsidered in the future, she said.

Hertzberg said it’s a reasonable change, especially considering the council frequently gives more time to people who need it when they’re making a good point.

Hertzberg moved to approve the resolution. Berna seconded.

Decision:
The council voted 4-4 so the resolution failed. Turk, Harvey, Jones and Moore voted against. Mayor Jordan chose not to cast a tie-breaking vote.


Meeting duration

This meeting lasted 3 hours and 2 minutes, and was adjourned at 8:30 p.m.