Dec. 6, 2022 – Fayetteville Flyer


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(Flyer photo, File)

On the agenda…

  • Changes to water and sewer rates.
  • Extending a sunset provision for short-term rentals.
  • A permit for a cluster home development on Oak Bailey Drive.
  • Razing a structure on Coach Road.
  • Abolishing the city’s PEG Advisory Board.
  • Creating a graffiti abatement program.
  • Three rezoning requests.
  • Creating a childcare assistance program with ARPA funds.
  • A subrecipient agreement with the Fayetteville Public Library for ARPA funds.
  • Approving six ARPA nonprofit assistance applications.
  • Approving two property condemnations.

» Download the agenda

Meeting info

A meeting of the Fayetteville City Council begins at 5:30 p.m. Tuesday, Dec. 6, 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

Coming after 5:30 p.m.

» 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. 15, 2022 City Council Meeting Minutes.

2. North America Fire Equipment Company, Inc. (Details): A resolution to approve the purchase of lifesaving bailout system firefighting equipment for the Fire Department from North America Fire Equipment Company, Inc., pursuant to an NPPGOV cooperative purchasing contract in the amount of $82,915.58 plus any applicable tax and shipping charges.

3. Interlocal Agreement for Continuation of Ambulance Services (Details): A resolution to approve an Interlocal Agreement for continuation of ambulance services through the Washington County Regional Ambulance Authority, and to authorize the ambulance authority to operate Central Emergency Medical Service as the exclusive emergency and non-emergency ambulance service within the cities.

4. Industrial Precast, Inc., Mission Boulevard Trail (Details): A resolution to authorize the purchase of retaining wall blocks from Industrial Precast, Inc., pursuant to Resolution No. 323-21, in the amount of $88,217.05 for the Mission Boulevard Trail, and to approve a budget adjustment – Trail Improvement Bond Project.

5. Premier Lighting Group, Mission Boulevard Trail (Details): A resolution to authorize the purchase of 90 light poles and fixtures from Premier Lighting Group, pursuant to Resolution No. 328-21, in the amount of $318,549.38 for the Mission Boulevard Trail, and to approve a budget adjustment – Trail Improvement Bond Project.

6. Energy Savings Performance Contract with Johnson Controls, Inc. Change Order 1 (Details): A resolution to approve Change Order No. 1 to the energy savings performance contract with Johnson Controls, Inc. in the amount of $407,185.00 for the installation of solar panel on the Town Center Roof, and to approve a budget adjustment, contingent on approval of the repayment contract with Advertising and Promotion Commission.

7. Fayetteville Advertising and Promotion Commission Solar Contract (Details): A resolution to authorize Mayor Jordan to sign a contract with the Fayetteville Advertising and Promotion Commission for the repayment of solar array installation costs at the Fayetteville Town Center, and to authorize a change order to the city’s energy savings performance contract with Johnson Controls, Inc.

8. Certified Local Government Grant Application, Arkansas Historic Preservation Program (Details): A resolution to authorize an application for a Certified Local Government Grant in the amount of $20,370.00 through the Arkansas Historic Preservation Program for a historic context statement for the University Heights and Haskell Heights neighborhoods and Historic District Commission training with a city match of $5,000.00, and to approve a budget adjustment contingent upon approval of the grant.

9. Increased Utility Costs (Details): A resolution to approve a budget adjustment in the amount of $180,000.00 for increased utility costs.

10. South Cato Springs Holdings, LLC Economic Development Project Contract (Details): A resolution to authorize Mayor Jordan to sign an economic development project contract with South Cato Springs Holdings, LLC; to accept and approve an economic impact analysis of the project from the Arkansas Economic Development Institute; to approve the use of $3,480,000.00 of economic development and street funds for the project; to authorize Mayor Jordan to sign a grant agreement with the U.S. Department of Housing and Urban Development and accept a $3,000,000.00 community project fund award; and to approve a budget adjustment.

11. CH2M Hill Engineers, Inc. Amendment No. 14 (Details): A resolution to approve Amendment No. 14 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $8,012,791.00 for services in 2023, and to approve a project contingency in the amount of $380,735.55.

12. Olsson, Inc. Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the professional engineering services agreement with Olsson, Inc. in the amount of $7,500.00 for additional engineering services related to the Markham Elevated Water Storage Tank Rehabilitation Project.

13. Franklin Evarts 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 $5,682.50 to Franklin Evarts for water main break damage at 11 W. South Street.

14. William Bradley 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 $20,598.34 to A Clean Cut Lawn Care on behalf of William Bradley for water main break damage at 1738 W. Pratt Drive.

15. City of Greenland Sewer Easement (Details): A resolution to approve the conveyance of easements to the City of Greenland across portions of City of Fayetteville property located west of Drake Field for the installation of sewer lines.

16. American Rescue Plan Act Revenue Loss (Details): A resolution to approve reimbursement to the city’s General Fund of the remaining calculated American Rescue Plan grant to offset revenue loss incurred in 2021 in the amount of $5,095,114.00, and to approve a budget adjustment.

17. Garver, LLC Task Order No. 5 Wildlife Fence Rehabilitation Project (Details): A resolution to approve Task Order No. 5 with Garver, LLC in the amount of $54,000.00 for design, bidding and construction phase services associated with the Wildlife Fence Rehabilitation Project at Drake Field, to approve a project contingency in the amount of $5,400.00, and to approve a budget adjustment.

18. Terra Firma Project, LLC (Details): A resolution to approve a thirty (30) year ground lease agreement with Terra Firma Project, LLC for airport property located on the east side of Drake Field off of Taxiway E for the construction of a 100’ x 100’ hangar, with an option to extend the ground lease for an additional ten (10) year term.

19. City of Johnson Rezoning East of South Ball Street (Details): A resolution to approve the City of Johnson’s rezoning of that property described in rezoning petition #2022-21 for approximately 10 acres located east of South Ball Street from A, Agricultural to LI, Light Industrial.

20. Amend the Rules of Order and Procedure (Details): A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council concerning public comments.


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.

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:


2. Amend §118.01 Applicability, §151.01 Definitions and §163.18 Short-term Rentals (Details)

An ordinance to amend §118.01 applicability of the Fayetteville City Code, and § 151.01 Definitions and §163.18 Short-term Rentals of the Unified Development Code to remove the conditional use permit requirement for Type 2 short-term rentals, and to repeal the sunset provision.

Background:
This item would remove a rule that requires owners of short-term rentals to get a permit from the Planning Commission before they can begin operating. They would still have to get a business license and a safety inspection to operate legally in Fayetteville.

City staff last month said after working with the new regulations for over 15 months, some adjustments can be made to streamline the approval process.

» See our Sept. 13 story for more on this topic

Oct. 4 Discussion:
Scroggin asked how many permits have been revoked. Staff said zero. Scroggin said that’s concerning to him because he’s heard some severe complaints from neighbors of short-term rentals that possibly should’ve led to an STR owner losing their permit. He said he’s not sure he can support removing the permit requirement altogether.

“We have to start removing some of the bad actors,” said Scroggin.

Harvey said she’d like some more time to consider the proposal. City staff said they’d be fine with leaving the item of the first reading for now.

The council agreed to hold the item on the first reading. The discussion will continue on Oct. 18.

Oct. 18 Discussion:
Staff reminded the council that the city’s short-term rental ordinance is set to expire in December under the sunset provision.

During public comment, three residents spoke against removing the requirement for a conditional use permit.

One said they’re opposed to doing anything that would make it easier for people to operate a short-term rental in the city, especially out-of-town investors who are just trying to profit from day-to-day rentals in established neighborhoods.

“If somebody has $400,000 to buy a house should have to come here and live in it,” they said.

Another resident agreed, and said obtaining a the permit should remain a part of the process.

“It’s the only way for neighbors to have a voice on an issue that directly affects them,” they said.

Councilmember Kinion said he’d like to leave the ordinance on the second reading to gather more input from residents.

Councilmember Turk agreed, and said she’d like to find out more about the estimated 300 short-term rentals that are operating without a permit, so the city can have a better idea of how many STR units there are considering the ordinance has an overall cap on how many are allowed.

Councilmember Scroggin said residents need a say in whether short-term rentals should be allowed in their neighborhoods, but he’s unsure about adding a neighborhood or street density cap since that could create monopolies. Councilmember Hertzberg agreed.

Councilmember Wiederkehr said maybe the council should extend the sunset clause while working on fine-tuning the ordinance instead of allowing it to expire. He also said he’d like to consider reducing the citywide density cap from 2% to 1% of all residential units in the city.

The council agreed to leave the ordinance on the second reading. The discussion will continue on Nov. 1.

Nov. 1 Discussion:
Staff would like to make some amendments to the ordinance in response to questions and requests from council members. Staff have also requested the item be tabled until Nov. 15 in order to make those changes and bring them back for consideration.

Kinion suggested forwarding the proposal to the council’s Ordinance Review Committee to fine-tune it before voting.

The council voted 8-0 to table the ordinance to Dec. 6 and forward it to the Ordinance Review Committee.

Dec. 6 Discussion:


3. 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.

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.

Dec. 6 Discussion:


Public Hearing

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.

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:

Discussion:


New Business

1. Repeal Article IX – PEG Advisory Board of Chapter 33 (Details)

An ordinance to repeal Article IX – PEG Advisory Board of Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville Code.

Background:
This proposal would abolish the city’s PEG Advisory Board. City staff said with five years with no business to address or discuss, the board has not been functional since 201, when it was known as the Telecommunications Board. With years of no businesses to attend to and a lack of agenda items, staff said the board has difficulty reaching a quorum and filling vacant positions. Your Media, the city’s third-party provider of public access services, provides quarterly and annual video reports on the state of the public access operation that are publicly available to view. City staff said those reports should be sufficient.

Discussion:


2. Amend §130.39 Graffiti (Details)

An ordinance to amend §130.39 Graffiti in the Fayetteville Code to create a graffiti abatement program.

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.

Discussion:


3. RZN 22-046 (822 N. Garland Ave.) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-046 located at 822 N. Garland Ave. in ward 2 for approximately 0.10 acres from RMF-40, Residential Multi-family, 40 units per acre to CS, Community Services.

Background:
The property is just north of the University of Arkansas campus, and is currently developed with a single-family home. The applicant has not submitted any specific development plans but indicates that the request would allow for additional density, and more flexible setback requirements to use the site more efficiently, according to city documents.

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

Location:

Discussion:


4. VAC 22-023 (680 N. Samara Circle Rare Bird Builders) (Details)

An ordinance to approve VAC 22-023 for property located at 680 N. Samara Circle in Ward 4 to vacate a portion of a utility easement.

Background:
The property is near the University of Arkansas campus at the end of Samara Circle. It is currently developed with a single-family home. 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:


5. 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.

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:

Discussion:


6. RZN 22-045 (west of North Box Avenue) (Details not available)

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 packet for this item was not made available on the city’s website. We will update this post if the packet becomes available.

Discussion:


7. American Rescue Plan Act Childcare Assistance Program (Details)

A resolution to authorize the establishment of a childcare assistance program utilizing American Rescue Plan Act funds in the amount of $500,000.00 to provide assistance with childcare expenses for low- to moderate-income families facing financial challenges due to Covid-19, and to approve a budget adjustment.

Background:
This proposal would create a program to help with childcare expenses for low- to moderate-income families that are facing financial challenges due to the pandemic.

From city staff:
“Studies conducted at the University of Oregon documented that lower-income families were more uncertain than higher-income families about their ability to return to pre-pandemic child care arrangements as the economy reopens, with almost half of the lower-income households reporting that they either couldn’t return or were uncertain they could, compared with only a quarter of higher-income households.”

The program would be administered by the Community Resources Department, who would perform program outreach to the community, process applications, and assess eligibility of program applicants. Community Resources staff would maintain documentation on program participation and processing of monthly payment of childcare assistance to Fayetteville licensed childcare facilities. Community Resources staff would also perform monitoring procedures to ensure program compliance and perform required reporting, according to city documents.

Discussion:


8. Fayetteville Public Library Subrecipient Agreement (Details)

A resolution to authorize Mayor Jordan to sign a subrecipient agreement with the Fayetteville Public Library to implement a job skill workforce training program utilizing American Rescue Plan Act funds in the amount of $1,258,579.00, and to approve a budget adjustment.

Background:
The Fayetteville Public Library has requested ARPA funds from the city’s recent award to implement a job skill training program for impacted industry and residents in the following accommodation and food services, construction, and information technology sectors. The proposal was developed in collaboration with the city’s Department of Economic Vitality.

Discussion:


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

A resolution to approve six American Rescue Plan Act nonprofit assistance applications in the total amount of $324,890.75 to provide economic assistance to nonprofit organizations utilizing American Rescue Plan Act funds.

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:

  • Mount Sequoyah Center, Inc. – $16,107.63
  • Clinton House Museum – $39,018.16
  • Symphony of Northwest Arkansas – $19,313.50
  • Northwest Arkansas Jazz Society – $10,925.00
  • Fayetteville Public Library Foundation – $89,016.00
  • St. James Missionary Baptist Church – $150,510.46

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

Discussion:


10. Mhoon Family Trust Condemnation (Details)

A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by the Mhoon Family Trust needed for the West Transmission Water Main Project.

Background:
City staff said the property is needed so that a 48-inch water line can be built. The project, staff said, has been identified in the city’s water master plans for many years, and that the route was designed to be as unobtrusive as possible to impacted properties, staying close to property lines whenever possible. Construction planned to begin in late 2024.

City documents indicate the owners of the 2.7-acre easement have been sent many letters since 2017, and that staff have spoken with real estate agents and appraised the property over the course of several years without any meaningful negotiations with the owners. For this reason, staff recommends that the City Attorney file for order of possession of the easement, and that the city pay the owners $131,800, which is the value of a recent appraisal.

Location:

Discussion:


11. White Rock Investments, LLC Condemnation (Details)

A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by White Rock Investments, LLC needed for the Leverett Avenue Sidewalk Project.

Background:
The city has plans for sidewalk improvements on Leverett Avenue between Sycamore Street and Hazel Street. City documents indicated that right-of-way and easement acquisition began in January, and that staff have successfully negotiated with all but one of the eight property owners for the land needed to build the sidewalk.

Staff said they will continue to negotiate with the property owner to avoid condemnation if possible, but have requested a condemnation order in case those negotiations are unsuccessful. If condemned, the owner would be paid $11,640, which is an estimate based on the appraised values of the properties.

Location:

Discussion:



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