(File photo)Appoved:
- A permit-ready building design program.
- Changes to the city’s sidewalk construction ordinance.
- A hearing for and approval of the issuance of bonds for a new water line.
- Two changes to the city’s short-term rental regulations.
- Rezoning 1 acre east of 9th Street.
- Two property vacation requests.
Held:
- Two competing resolutions for dealing with housing affordability.
- Rezoning 6.3 acres on Old Missouri Road.
- Appealing a denial of the removal of a future street from the master street plan.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 19, 2024 inside City Hall in Room 219. The meeting is also available on Zoom and will be broadcast live on the city’s YouTube channel.
Listed below are all the items up for approval and links to PDF documents with detailed information on each item of business.
Meeting duration
This meeting lasted 6 hours, and was adjourned at 11:30 p.m.
Roll call
Present: Bob Stafford, 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 – Chair Mike Wiederkehr
– Pass 8-0
Active Transportation Advisory Committee
Hershel Hartford
Advertising and Promotion Commission
Chrissy Sanderson
Black Heritage Preservation Commission
No applicants
Board of Adjustments
Pepper Rousell
Erin Adkins-Oury
Civil Service Commission
Spencer Brown
Community Development and Assistance Programs Advisory Board
Manuel Tejada
Addison Mahaffey
Construction Board of Adjustments and Appeals
Mark McElhannon
Fayetteville Arts Council
Amanda Reyer
Ellen Woodson
Fayetteville Public Library Board of Trustees
Barry Bryan
Planning Commission
Matthew Cabe
Nick Castin
Nicolas Werner
Urban Forestry Advisory Board
Nathan Walker
Hannah Ash
James Parrish
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 5, 2024 City Council meeting minutes.
– Pass 8-0
2. Arkansas Historic Preservation Program – Grant acceptance (Details): A resolution to authorize the acceptance of a Certified Local Government grant from the Arkansas Historic Preservation Program in the amount of $40,000.00 for the University-Haskell Heights Context Study and the Sprout Spring Neighborhood Context Statement, and to approve a budget adjustment.
– Pass 8-0
3. Yvonne Richardson Community Center – Donation recognition (Details): A resolution to approve a budget adjustment in the amount of $20,000.00 representing donation revenue to the Yvonne Richardson Community Center.
– Pass 8-0
4. Mohawk Lifts, LLC. – Purchase agreement (Details): A resolution to approve the purchase of automotive lifts, adapters, and lift columns from Mohawk Lifts, LLC. in the amount of $105,055.34 plus any applicable taxes, freight charges, installation charges, and delivery fees up to $7,944.66, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
5. Whelen Up-fitting Parts and Accessories – Purchase agreement (Details): A resolution to authorize the purchase of Whelen up-fitting parts and accessories from local authorized distributors on an as-needed basis through November 7, 2026, and any renewal periods, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
6. Bid 24-26 Jack Tyler Engineering, Inc. – Pump replacement (Details): A resolution to award Bid #24-26 and authorize the purchase of two submersible pumps from Jack Tyler Engineering, Inc. in the amount of $200,053.30, plus any applicable taxes and freight charges.
– Pass 8-0
7. Bid 24-27 Environmental Technical Sales, Inc. – Pump replacement (Details): A resolution to award Bid #24-27 and authorize the purchase of a drain pump from Environmental Technical Sales, Inc. in the amount of $37,755.00, plus any applicable taxes and freight charges.
– Pass 8-0
Public Hearing
1. West Transmission Waterline (Details)
– Hearing completed at 5:52 p.m.
This public hearing is required by state law before any bonds can be issued for the West Transmission Waterline. Staff said the city is waiting on the state to review the bond proposal and if they don’t hear back before Tuesday’s meeting, they’ll request that this item be delayed until the next meeting.
Discussion:
There was no public comment.
Unfinished Business
1. Permit-Ready Building Design Program – Amendment (Details)
An ordinance to enact §166.28 Permit-Ready Building Design Program to provide for the establishment of a Permit-Ready Building Design Program and associated development requirements specific to the program’s residential buildings, and to establish an initial program area.
– Pass 8-0
This amendment would create a new section of code introducing a permit-ready building design program that staff said will streamline the development process for residential buildings by establishing pre-approved design standards and a defined program area. Staff said the program aims to facilitate more attainable housing by simplifying the design process, meeting city standards, and reducing costs and permit review times. Development standards specific to the program address building design variations, parking, and sidewalk construction, among others, which staff said will offer flexibility such as reduced parking requirements.
The Planning Commission recommends approval of the program.
March 5 Discussion:
Britin Bostick, the city’s long-range planner, suggested allowing participants to pay a fee in lieu of building a sidewalk by the new homes, as required by current code. Like fees collected for new developments that goes toward park maintenance, the money would be put into a fund for building sidewalks in other places around town.
Bostick also recommended allowing all developers to pay into a sidewalk fund, whether they use the new program or not. Blake Pennington, the city’s senior assistant city attorney, said a separate ordinance would need to be drafted to make that a city-wide policy.
Most council members seemed ready to vote, but agreed to hold the item on the first reading to allow time to draft the second ordinance.
The discussion will continue on March 19.
March 19 Discussion:
Staff have proposed an amendment that would add language to address ADA compliance, and remove the language that is proposed in the below item regarding sidewalk construction since it would already be covered there.
A few people spoke in favor of the program during public comment. One person said while they like the idea and want to see it passed for its potential to incentivize more complementary houses in certain parts of town, they don’t believe it will help with housing affordability considering the high property tax rates currently being charged by the county which require much higher rent prices.
Decision:
The council approved the amendments 8-0, and then passed the ordinance 8-0.
New Business
1. UDC Amendment §171.13 – Permit-Ready Building Design Program (Details)
An ordinance to amend §171.13 Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk of the Unified Development Code to provide for changes associated with the Permit-Ready Building Design Program, and to adjust the calculation for payment of fees in lieu of sidewalk construction.
– Pass 8-0
This item was drafted in response to the above item, in which staff earlier this month suggested allowing participants of the new permit-ready building design program to pay a fee in lieu of building a sidewalk by their new homes, as required by current code.
The proposal would change the existing sidewalk construction ordinance in two key ways: the fee-in-lieu cost would move from $5 per square foot to a fee based on either an annual bid or on the state Department of Transportation standards; and permit-ready applicants wouldn’t need a special waiver to pay a fee in lieu of building a sidewalk.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
2. West Transmission Waterline – Ordinance approval (Details)
An ordinance to approve the funding for the West Transmission Waterline project.
– Tabled 8-0
This item is for the issuance of the bonds needed to construct the West Transmission Waterline. Staff said like the public hearing item above, the city is waiting on the state to review the bond proposal and if they don’t hear back before Tuesday’s meeting, they’ll request that this item be delayed until the next meeting.
Staff said the $85 million in federal funds would be paid back over 20 years. There is no interest attached to the bonds, but there is a service fee.
Discussion:
Staff requested this item be tabled until the next meeting, and the council agreed with a vote of 8-0.
3. Declare Housing Crisis / State of Emergency – Resolution (Details)
A resolution to declare a housing crisis in the City of Fayetteville.
– Tabled 7-1
This item is the first of two resolutions on tonight’s agenda that aim to address housing issues in the city. It is sponsored by D’Andre Jones and Sarah Moore.
It would declare that the city is in a housing crisis, and also:
- Commit to establish a housing crisis task force by the second quarter of 2024 that is active for at least one year, and is made up of representatives from government agencies, non-profits, renter groups, developers, landlords and community members.
- Request that the mayor hire a new employee who would coordinate efforts to address housing insecurity, facilitation collaboration among stakeholders, and implement recommendations from the task force.
- Commit to working with the new employee and the task force, as well as other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovating approaches to address housing insecurity.
- Call upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis.
- Pledge to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines.
- Pledge to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction.
- Request the city clerk to transmit copies of the resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions.
Discussion:
Before the meeting, Councilmember Stafford proposed and submitted three amendments for consideration.
The first amendment would list several accomplishments and current efforts the city has taken to address housing affordability.
The second amendment removes the creation of a task force, and instead states that the council and city will identify tasks that can be taken on by the Community Development and Assistance Programs Advisory Board and the Public Facilities Board and roles they can play in addressing housing needs in Fayetteville.
The first part of the third amendment would remove the request that the mayor expedite the hiring process of a housing coordinator position, and instead states that the city will commit to identifying opportunities to accelerate the approval of housing and housing opportunities in Fayetteville and further commit to considering the hiring of additional staff in areas with a need for greater capacity. The second part of the third amendment removes the language that discusses working collaboratively with the new housing coordinator position and replaces it with the Community Development and Assistance Programs Advisory Board and the Public Facilities Board.
» See the full amendment language here
Billy Cook, Anna Hurley and Solomon Burchfield from a group they named the Fayetteville Housing Action Coalition spoke about how and why they drafted the original resolution and sought council sponsors to have it heard tonight.
About 30 people spoke during public comment. Almost all spoke in favor of the resolution or some combination of it and the other proposal on the agenda. Many told stories of their own challenges in finding an affordable place to live in the city. One person said they were concerned that adding a new task force might complicate the work of the Community Development and Assistance Programs Advisory Board and the Public Facilities Board which already receive HUD funding to address affordable housing.
Stafford said he’s like to withdraw his second proposed amendment because he heard from some council members who said they weren’t happy with the potential removal of the task force.
Moore suggested adding the achievements listed in the competing resolution to the list in Stafford’s proposed amendment so they’re all combined into one proposal.
Wiederkehr said he appreciates the council’s commitment in coming together to find an agreeable resolution. He said he’d even support tabling his proposal to focus on formulating a combined resolution.
Berna suggested tabling both resolutions and bringing a combined resolution for approval to the next meeting.
The council voted 7-1 to table the resolution for two weeks to allow the city attorney’s office to draft a combined resolution. Moore voted against.
4. Action Summary & Anticipated Housing Support – Resolution (Details)
A resolution to summarize actions taken and anticipated to support housing production in the City of Fayetteville.
– Tabled 8-0
This item is the second of two resolutions on tonight’s agenda that aim to address housing issues in the city. It is sponsored by Mike Wiederkehr, Holly Hertzberg, Teresa Turk, Sarah Bunch and Scott Berna.
Instead of declaring a crisis, it lists 17 efforts the city has completed or is currently working on to address housing issues, and also:
- Acknowledges that while cities cannot contribute money toward the private production of homes, the desire remains for a full range of housing stock in a variety of forms and price points such that residents may more readily find clean, safe, and affordable housing to purchase or rent within the community.
- Acknowledges that housing prices are only half of the affordability equation, and that income levels are the other half, and points to the $2 million in ARPA funds that the council put towards childcare services and another $2 million appropriated towards job training.
- Considers the results of an in-progress study that assesses developer fees, which haven’t been adjusted in 17 years and if increased, that revenue could be reinvested in the supporting the means of delivering planning, entitlement processing, plan review, and inspection services that could benefit housing production.
- Reaffirms the council’s desire to continue working with regional partners, stakeholders, commissions, boards, committees, neighborhood groups, residents, and staff with the goal of adequate housing availability.
- Calls upon state and federal lawmakers to restore programmatic funding for the creation of housing which was lost in the 1980s.
- Acknowledges the desire to form regional partnerships with neighboring jurisdictions with the goal of developing strategies to nurture the creation of housing.
- Pledges to act in the best interest of the community to responsibly utilize resources to balance long-term environmental wellbeing with the need for housing, considering the needs of the least fortunate residents.
- Suggests adding a new employee such as an engineer, a deputy of development services, a planner or an inspector whose salary would be funded using increased development fees appropriated by the council but left to the administration to implement.
Discussion:
Wiederkehr moved to table his proposal for two weeks. The council voted 8-0 to approve that motion.
5. Ordinance to Amend §39.10 Water and Wastewater Damage Claims – Amendment (Details)
An ordinance to amend §39.10 Water and Wastewater Damage Claims and §39.11 Damage Claims other than Water and Wastewater Damage Claims of the Fayetteville Code to increase the amount of compensation that the City Council can award.
– Pass 8-0
This item proposes revisions to the Water and Wastewater Damage Claims Ordinance, which was recently amended to enable the council to exceed the $50,000 cap on payments if the damage was a result of a 36-inch or larger water pipe.
The proposal would allow the utilities director to authorize up to $35,000 for a claim, and the mayor to authorize a greater amount up to $50,000. It would also allow the utilities director to immediately hire a remediation service to begin cleaning up the water or sewage that has accumulated in a residence after a breakage, as well as begin drying the floors and walls with fans and dehumidifiers, which staff said could help reduce damage and potentially reduce the repair costs. The cost of that initial remediation would
be added to the total cost of the repairs and factored into the maximum amount allowed for the incident.
Discussion:
There was no public comment other than one person who spoke and said they were frustrated that no action was taken on the previous items.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
6. Short-Term Rental – School proximity consideration (Details)
An ordinance to amend subsection (h) of §163.18 Type 2 Short-Term Rentals in Residential Zoning Districts of the Unified Development Code to include proximity to schools as a factor for the Planning Commission to consider.
– Pass 8-0
This is the first of two proposed amendments to the city’s short-term rental regulations.
It would add the proximity to public and private K-12 schools to the factors that the Planning Commission may consider when discussing and deciding upon whether a conditional use permit should be granted for a proposed short-term rental.
Discussion:
Before the meeting, Councilmember Stafford proposed and submitted an amendment for consideration that would prohibit any new Type 2 short-term rentals from being approve if the property is within 1,000 feet of any public or private K-12 school.
There was no public comment.
The city attorney’s office has cautioned that an outright prohibition without firm data to support the reasoning behind it could be difficult to defend if a lawsuit were brought against the city by a property owner whose short-term rental permit were denied outright because of their house’s proximity to a school.
Councilmember Hertzberg, who serves as chair of the Ordinance Review Committee, said the committee would prefer the original language over Stafford’s amendment.
Stafford’s amendment failed 3-5 with Wiederkehr, Berna, Bunch, Turk and Hertzberg voting against.
Decision:
The council advanced the ordinance to the final reading, and voted 8-0 to approve it.
7. Short-Term Rental / Conditional Use Permit – Notification requirements (Details)
An ordinance to amend subsection (c) of §157.05 Conditional Use Permit in §157 Notification and Public Hearings of the Unified Development Code to require public notification to landowners and residents within 300 feet of the boundary line of a proposed Type 2 short-term rental.
– Pass 8-0
This is the second of two proposed amendments to the city’s short-term rental regulations.
It would increase the distance for notification of proposed Type 2 short term rentals from 200 feet to 300 feet. In other words, the city would be required to notify anyone who lives in or owns a home within 300 feet of a proposed short-term rental about the proposal.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the final reading, and voted 8-0 to approve it.
8. Vacation-2023-0014 – 490 W. Willoughby Rd/Terminella, 718 (Details)
An ordinance to approve VAC-2023-14 for property located at 490 West Willoughby Road in Ward 1 to vacate a 0.08 acre portion of general utility easement.
– Pass 8-0
The property is on Willoughby Road and has already been developed with a single-family home and garage. A conditional use was granted for the property to allow an accessory structure to be built that is larger than 50% the size of the principal structure in October 2023. During that conditional use permit review, staff found a roughly 625-square-foot carport that appears to have been added to the west side of the home sometime between 2021 and 2022 that encroaches into a general utility easement. A building permit was submitted in late 2023 to bring the carport into compliance, but the easement needs to be vacated for that to happen.
City planning staff recommend in favor of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the final reading, and voted 8-0 to approve it.
9. Vacation-2024-0002 – N. Bob Younkin Dr and W. Bishop Dr/Legacy Ventures NWA, 251 (Details)
An ordinance to approve VAC 24-002 for property located at North Bob Younkin Drive and West Bishop Street in Ward 3 to vacate approximately 140 square feet of street right of way.
– Pass 8-0
The property contains three parcels, but a property line adjustment has been approved to combine all three parcels. The site is currently undeveloped, but a recent large-scale development was approved that includes 32 residential structures totaling 64 dwelling units.
This proposed right-of-way vacation is needed in order to continue with the housing project.
Both the Planning Commission and city planning staff recommend in favor of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the final reading, and voted 8-0 to approve it.
10. Rezoning-2024-0001 – 3006 N. Old Missouri Rd./Old Missouri Land Development LLC, 253 & 254 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2024-0001 for approximately 6.31 acres located at 3006 North Old Missouri Road in Ward 3 from RSF-4, Residential Single-Family, four units per acre; NS-G, Neighborhood Services General; and NC, Neighborhood Conservation to RSF-18, Residential Single-Family, eighteen units per acre, and R-A, Residential Agricultural.
– Left on the first reading
The property is near the intersection of Old Wire Road and Old Missouri Road, and is part of the second phase of work for the Stage Station subdivision, which is currently being built just south of Butterfield Trail Elementary School. The applicant is requesting is to rezone 6.31 acres of the property to a split zoning of R-A, Residential-Agricultural (1.77 acres) and RSF-18, Residential Single-Family, Eighteen Units per Acre (4.54 acres).
Both the Planning Commission and city planning staff recommend in favor of the request.
Location:
Discussion:
Turk said she wants to hold this item on the first reading so she can have some time to go visit the area. The council agreed, and will continue the discussion on April 2.
11. Rezoning-2023-0037 – East of E. 9th St. & S. Washington Ave./Dakota Development LLC, 563 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-0037 for approximately 1.03 acres located east of East 9th Street and South Washington Avenue in Ward 1 from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
– Pass 6-2
The property is just east of Washington Avenue and north of 9th Street. It includes one parcel which is currently undeveloped. While it does not have frontage on a public street, the property is bordered to the east, west, and south by platted right-of-way.
Both the Planning Commission and city planning staff recommend in favor of the request.
Location:
Discussion:
There was no public comment.
Turk said she wants to hold this item as well. Stafford said he was ready to vote tonight.
Decision:
The council advanced the ordinance to the third reading, and voted 6-2 to approve it. Turk and Hertzberg vote against.
12. Appeal: Administrative-2024-0001 – S. Ed Edwards Rd, Mally Wagnon Rd, S. Hunt Ln – Woodruff, Kline, Wang, Warden, Durning, Farkas/Gregory, Durning & Hamm (Details)
A resolution to grant the appeal of the Planning Commission’s denial of ADM-2024-0001, and to amend the Master Street Plan to remove an approximately 1.5 mile section of a planned residential link street between South Mally Wagnon Road and South Dead Horse Mountain Road.
– Tabled
The petitioners are asking to have an 1.5-mile section of a planned 2.25-mile connection of the 2040 Master Street Plan removed from their properties. The master plan calls for an eventual street that would run west from Mally Wagnon Road to Dead Horse Mountain Road.
The Planning Commission denied the request in February, so the petitioners have appealed that decision to the City Council.
Staff said the petitioners are primarily concerned with a perceived diminished value in their property due to the existence of the plan. They also said they are concerned about the impact on the wildlife habitat and the watershed and existing flooding in the area if a new street is built that leads to subsequent development.
Location:
Discussion:
This item was tabled at the start of the meeting at the request of the applicant.
Meeting duration
This meeting lasted 6 hours, and was adjourned at 11:30 p.m.
