Fayetteville City Council recap: Oct. 3, 2023

Council Action

Approved

• A contract for work related to a new paddle park.
• Seeking condemnation of land needed for a water main project.
• A contract for construction of a new fire station on North Street.
• A contract to expand the city’s fleet shop.
• Authorizing the city to shut off water service for illegal short-term rentals.
• Changes to the city’s childcare family home requirements to align with state law.
• Three rezoning requests and one property vacation request.

Held

• Authorizing the purchase real estate to be returned to the NWA Black Heritage Association.
• Approving the annual millage levy.

» Download the agenda (PDF)

Background:
The proposal would authorize the mayor to purchase properties that have a place in Fayetteville’s Black history and return them to the NWA Black Heritage Association.

City Attorney Kit Williams said while it isn’t necessarily unconstitutional to authorize the mayor to purchase land for a third-party association, the actual purchase would likely be against state law. Williams said he told council members Jones and Harvey about this, but neither member requested to remove the item from the agenda. He said if this resolution is passed and the mayor purchases land for the association, it would likely be considered an illegal exaction prohibited by the Arkansas Constitution, which does not allow cities to use taxpayer funds to purchase property to give to a private independent group.

June 6 Discussion:
Jones said he knows the city attorney’s job is to protect the city, but he thinks the council can somehow find a way to preserve some of the remaining pieces of the city’s Black history.

Sharon Killian, board president of the NWA African American Heritage Association, gave a presentation that outlined some of the historical examples of the remnants of Black history that are being erased around town, and spoke about a 1945 city plan that codified the removal of Fayetteville’s Black neighborhoods and allowed for the displacement of minority families.

During public comment, six people spoke in favor of the resolution. Resident Kyle Smith said he supports the intent of the resolution and if the council does also, they should consider this current draft of the resolution as a starting point instead of simply voting it down because of its questionable constitutionality.

Jones said since there are legal concerns, he wants to know if the city attorney has any suggestions for how to move forward.

Williams said he shares the concerns about the gentrification of south Fayetteville, but this particular proposal isn’t the mechanism to accomplish the restoration of lost history.

“This resolution really does not allow us to do anything,” said Williams. “What it authorizes is simply not legal under our constitution, but that should not be the end of the story.”

Williams said he has some ideas he’d like to discuss with the council for a future proposal.

“I would love to craft a vessel that could accomplish some of the goals here,” said Williams. “I believe there are things we can do to save some of the most important buildings.”

Williams said tabling the resolution indefinitely would give the council until the end of the year to rework it in a legal way to come up with a proposal that accomplishes its original goals.

Jones said he’d like to put a timeline on the tabling so it doesn’t get lost amongst the other agenda items that come up throughout the year. He moved to table the item for three months. The motion passed 8-0.

Sept. 5 Discussion:
Jones, who sponsored this item and who is absent tonight, requested this item be tabled until Oct. 3. The council agreed.

Oct. 3 Discussion:
Emma Willis, a consultant on the project, said more time is needed to reformulate a plan that most likely won’t include actually purchasing land, but rather a partnership in establishing a Black historic preservation district for the Spout Spring neighborhood. The area could include a museum or some other tourism-related infrastructure that could benefit the economy and help stabilize the tax base.

Willis requested the resolution be tabled indefinitely. The council agreed and voted 7-0 to do so. Items that are tabled indefinitely expire at the end of the year.

Background:
This item is a contract related to the Combs White River Park at the end of East Pump Station Road. It involves building upon work that has already begun to remove the dam on the West Fork of the White River by creating a park area with access to the river for swimming and paddling. Additionally, the park will offer picnic areas, a multi-use field that can be used for events, restrooms, parking, hard-surface and nature trails and other park infrastructure.

Park staff have prepared a conceptual master plan (see below) that will guide the initial work, and Halff Associates will further plan the park, including hosting public meetings to gather feedback, preparing construction documents, assisting in bidding, and administrating construction, which would begin in 2025.

Discussion:
There was no public comment.

Mayor Jordan said this is a great project for the city that’s been part of a vision for city leaders for nearly 20 years.

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

Background:
Beaver Water District has started constructing a water distribution point near Hwy 112 and the new Hwy 612, and Fayetteville is planning an 11.3-mile connection to the facility, with construction slated for late 2024. Easements are required to be in place before July 2024 to secure a State Revolving Fund Loan. City staff said an easement owned by Leonard W. Stitz hasn’t yet been secured despite multiple attempts to contact the owner, prompting this recommendation of legal action. The estimated cost for the land acquisition, based on property appraisal, is $3,000, but the final amount may vary based on negotiations or court orders, staff said.

Discussion:
Berna asked if negotiations could continue even with the approval of this resolution. City Attorney Kit Williams said yes, and there’s only been one time in 22 years where a condemnation actually went to court. All other times, negotiations were successful, he said. A request for condemnation is the first step in getting the needed land, but it’s not at all the final step before condemnation actually occurs. Williams said there will be many more requests like this related to the water main project.

There was no public comment.

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

Background:
Each year the council must approve an ordinance to renew the levy of ad valorem taxes on real and personal property within the city. It’s the same amount that was proposed and approved last year.

Discussion:
Paul Becker, the city’s chief financial officer, said he’s waiting on an answer from the County Assessor on whether the city is getting a roll-back. He requested the item not be passed tonight to give him time to get an answer from the county.

The council left the item on the first reading. The discussion will continue on Oct. 17.

Background:
This code change would authorize the city to shut off water service for properties that are being illegally operated as short-term rentals, meaning they don’t have the required permits in place.

The proposal comes as Fayetteville is quickly approaching its city-wide density cap on properties that operate year-round as short-term rentals.

» See our Sept. 12 story about this proposal

Discussion:
Bunch said this is a good approach. She said Airbnb has contacted all its users in Fayetteville to notify them of this proposal. “We’ve had plenty of time at this point for people to know about our ordinance and get themselves in compliance,” Bunch said.

Turk agreed. “This has been a long time coming and there’s been a lot of press about this,” she said.

Decision:
The council advanced the item to the third reading, and voted 7-0 to approve it.

Background:
The property includes one parcel on the north side of Mount Sequoyah about 300 feet southeast of the intersection of Dogwood Lane and Lafayette Street. It is developed with a single-family home and is accessed through a public alley. While the alley used to extend farther south to Missouri Way, a portion of the alley was vacated and abandoned in 1972, and the alley now terminates at the east end of the subject property. The applicant proposes to vacate a portion of the alley right-of-way adjacent to the subject property which totals approximately 0.16 acres.

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

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 7-0 to approve it.

Background:
This change would update the city’s childcare home requirements to align with a new state law that was passed this year “concerning the compliance of childcare facilities with local regulations when seeking licensure under the Childcare Facility Licensing Act.” In reviewing the requirements as set forth by Act 60, city staff said they identified areas in the city’s code that require some updating in order to comply with the new law. The changes now permit in-home childcare facilities to be regulated as strictly residential uses, rather than with any heightened standards beyond those within the Arkansas Fire Prevention Code. A license will still be required by the state for those facilities.

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 7-0 to approve it.

Background:
The property is in west Fayetteville south of Wedington Drive and southwest of the intersection with 54th Avenue. It is currently developed with a single-family home and associated outbuildings. The applicant has indicated in their request letter that they intend to replace an existing non-conforming shed with a new structure approximately 5 feet from the property line.

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

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 6-1 to approve it. Turk voted against and said the riparian zone in the area should be left alone and she couldn’t support an upzone of the floodplain on the property.

Background:
The property is located in north Fayetteville just east of College Avenue and north of Lowe’s. It is undeveloped with mature tree canopy covering most of the site. An ordinance establishing an RPZD for an 80-unit, 13-story residential development on this property was previously passed by council in 2006, but development never occurred, the PZD expired, and the property was rezoned to C-2, Thoroughfare Commercial, in 2015. The northernmost portion of the property contains hydric soils and FEMA-designated floodplain, Additionally, slopes in excess of 15% are present, although no portion of the property is designated within the Hillside-Hilltop Overlay District. A portion of the Clear Creek Trail also runs along the north side of the subject property.

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

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 7-0 to approve it.

Background:
The property is in north Fayetteville on the west side of Waterside Court, just north of Lowe’s. It is undeveloped with mature tree canopy covering most of the site. An ordinance establishing an RPZD for an 80-unit, 13-story residential development on this property was previously passed by council in 2006, but development never occurred, the PZD expired, and the property was rezoned to R-O, Residential Office in 2015. The property was platted as part of the Timberlake Office Park in 2007 and labeled as an unbuildable lot reserved for detention. The majority of the property has a slope in excess of 15% though it is not located within the city’s Hillside/Hilltop Overlay District.

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

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 7-0 to approve it.