(File photo)Approved:
- Funding for the West Transmission Waterline project.
- Increasing the cap on alcohol permit fees.
- A request for a planned zoning district on Mount Comfort Road.
- Rezoning 0.3 acres on Markham Road.
- Rezoning 1.28 acres on Wedington Drive.
- Vacating an easement on North Starr Drive.
Denied:
- Hiring a full-time housing coordinator.
Held:
- An appeal of a denied rezoning request on Stone Street.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, April 16, 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 2 hours and 50 minutes, and was adjourned at 8:20 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
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. Giving Tree Grant – Grant acceptance (Details): A resolution to authorize the acceptance of a grant from the Fayetteville Area Community Foundation in the amount of $1,500.00 to develop a tutoring component of the afterschool program at the Yvonne Richardson Community Center, and to approve a budget adjustment.
– Pass 8-0
2. Resolution 62-24 – Amendment and budget adjustment (Details): A resolution to amend Resolution No. 62-24 and reduce the amount of re-appropriations to the 2024 budget by the amount of $4,571,983.00, and to approve a budget adjustment.
– Pass 8-0
3. McClelland Consulting Engineers, Inc. – Contract amendment #2 (Details): A resolution to approve Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. in the amount of $20,475.00 to provide additional services associated with the North Street Corridor Project, and to approve a budget adjustment for the 2019 Street Improvements Bond Project.
– Pass 8-0
4. Musco Sports Lighting, LLC. – Purchase agreement (Details): A resolution to approve the purchase of lights, poles, and controllers from Musco Sports Lighting, LLC. in the total amount of $95,051.18, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
5. Fayetteville Fire Department Strategic Plan – Adoption (Details): A resolution to approve and adopt the Fayetteville Fire Department Strategic Plan.
– Pass 8-0
6. Fayetteville Fire Department Administrative Policies – Adoption (Details): A resolution to approve updates to Fayetteville Fire Department administrative policies.
– Pass 8-0
7. Fayetteville Fire Department Annual Program Appraisal – Acknowledgement (Details): A resolution to acknowledge that the Fayetteville Fire Department has completed its annual program appraisal and presented it to the Fayetteville City Council.
– Pass 8-0
Unfinished Business
1. West Transmission Waterline – Ordinance approval (Details)
An ordinance to approve the funding for the West Transmission Waterline project.
– Pass 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.
March 19 Discussion:
Staff requested this item be tabled until the next meeting, and the council agreed with a vote of 8-0.
April 2 Discussion:
There was no public comment, but there is some confusion over which version of the ordinance was read, so the council tabled the item until April 16.
April 16 Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
2. Rezoning-2024-0005 – 1510 W. Markham Rd./L&F Construction, 482 (Details)
An ordinance to rezone the property described in rezoning petition RZN 2024-0005 for approximately 0.30 acres located at 1510 W. Markham Road in Ward 4 from RSF-4, Residential Single-Family, Four Units Per Acre to RI-U, Residential Intermediate-Urban.
– Pass 8-0
This property is located west of the University of Arkansas main campus at the northeast corner of
Markham Road and Hornsby Drive. It contains one parcel which is developed with a single-family dwelling. The request is to rezone the property to RI-U, Residential Intermediate-Urban.
Both city planners and the Planning Commission recommend approval of the rezoning request.
Location:
April 2 Discussion:
There was no public comment.
Turk said she doesn’t think the neighbors would support this and she’ll vote against it. She asked the council to hold the item on the second reading. Moore moved to send the item to the third reading, but that motion failed.
April 16 Discussion:
A representative for the applicant said the plan is to build four single-family homes on the property, as the requested district does not allow for multi-family developments without a conditional use permit.
Turk said she thinks the requested zoning district allows for too much density in the neighborhood, so she’ll vote against.
Decision:
The council voted 7-1 to approve the request. Turk voted against.
New Business
1. Alcoholic Beverage Permit – Fee cap removal (Details)
An ordinance to amend §111.30 Retail in Chapter 111 Alcoholic Beverages of the City Code to remove the permit fee cap of $500.00 for certain retail alcohol permits.
– Pass 8-0
The city currently has a $500 maximum fee for an alcohol license, which staff said needs to be raised to keep up with current state standards. The proposed change would raise the cap to no more than half the cost of the state’s fees, which range from $1,000 to $5,000. That would mean the city’s maximum fees would be between $500 and $2,500. Fee amounts are based on the square footage of the space that’s being permitted to sell alcohol.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
2. Vacation-2024-0003 – 1722 N. Starr Dr./St. Joseph’s Catholic Church, 373 (Details)
An ordinance to approve VAC-24-03 for property located at 1722 North Starr Drive in Ward 3 to vacate a 0.18 acre portion of general utility easement.
– Pass 8-0
The property is in east Fayetteville and includes the St. Joseph’s Catholic School. In late 2023, a grading permit and associated building permit for the construction of a church in a portion of the existing parking lot was submitted. The applicant proposes to vacate an existing 20-foot-wide general utility easement on the property in order to continue with that proposed project.
City staff recommend in favor of the request. The Planning Commission does not make recommendations on these types of vacation requests.
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. Rezoning-2024-0006 – 5916 W. Wedington Dr./Legacy Ventures NWA, Inc., 397 (Details)
An ordinance to rezone the property described in rezoning petition RZN 2024-0006 for approximately 1.28 acres located at 5916 West Wedington Drive in Ward 4 from RSF-4, Residential Single-Family, four units per acre to NS-G, Neighborhood Services General.
– Pass 8-0
The property is in west Fayetteville at Wedington Drive and 59th Avenue. The southern portion of the property includes a single-family home, an outbuilding, and a non-conforming garage that appears to be within the front setbacks.
Both city staff and the Planning Commission recommended in favor of the request.
Location:
Discussion:
One person spoke in favor of the request during public comment.
Decision:
The council advanced the item to the third reading, and voted 8-0 to approve it.
4. Planned Zoning District-2024-0001 – 3568 W. Mount Comfort Road/Holt Village, 323 (Details)
An ordinance to approve a residential planned zoning district entitled PZD-2024-001 for approximately 16.72 acres located at 3568 West Mount Comfort Road in Ward 4.
– Pass 8-0
The 18.4-acre property is in northwest Fayetteville near Rupple Road and Mount Comfort Road. The site is largely undeveloped, but includes a single-family home with associated outbuildings. The applicant is only pursuing a rezoning on 16.72 acres of the property. An access management variance was approved by the Planning Commission last month for a reduced driveway separation distance along Rupple Road.
The applicant requests to rezone the property to a residential planned zoning district with two planning areas:
- Planning Area 1 (9.9 acres): Labeled as Neighborhood Zone A, the intention of this planning area is to provide primarily single- and two-family homes, with minimum lot widths of 25 feet and an intention for homes to be oriented along common greenspace to provide frontage to some of these single-family homes, rather than typical public streets. Building heights are limited to a maximum of three stories.
- Planning Area 2 (6.9 acres): Labeled as Neighborhood Zone B, this planning area is intended for higher intensity uses than single- and two-family structures, and allows for single-, two-, three- and four-family dwellings by right, as well as multi-family dwellings. There is no stated density maximum, and minimum lot widths are set at 24 feet for single-family dwellings, and no lot width minimum for all other uses. Building heights are limited to a maximum of three stories.
Both city staff and the Planning Commission recommended in favor of the request.
Location:
Discussion:
Hertzberg asked about access to the development and said she hopes the project doesn’t back traffic up too much near the neighboring schools. Moore said she’d prefer less access because the more curb cuts there are, the more concerned she is about the safety of students and pedestrians walking to and from school.
One person spoke in favor during public comment.
Decision:
The council advanced the item to the third reading, and voted 8-0 to approve it.
5. Appeal: Rezoning-2024-0002 – 740 W. Stone St./Apex Property Ventures, LLC, 522 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN-2024-0002 for approximately 0.24 acres located at 740 West Stone Street in Ward 2 from RI-U, Residential Intermediate-Urban to DG, Downtown General.
– Left on the first reading
The property is located near downtown, just northeast of Fayetteville High School between Hill and Duncan avenues on the north side of Stone Street. It is currently undeveloped. The request is to rezone the property from RI-U, Residential Intermediate – Urban to DG, Downtown General. The applicant has included a Bill of Assurance to limit development to strictly residential uses and to limit the overall building heights to three stories as opposed to five.
The Planning Commission recommends denial of the request (vote was 3-6). Commissioners who voted against were concerned that the need for a Bill of Assurance signaled a lack of compatibility of the new zone, and that the existing zoning district already allows the right to build many units. Commissioners in favor noted that while DG is an intense zoning district, they found that limiting the story height and the uses made the request compatible.
City staff also recommended denial and found that a more appropriate route than providing a Bill of Assurance (which runs with the land, but can be difficult to enforce) would be to work within the existing zoning district regulations
Location:
Discussion:
The applicant requested more time to consider their options, and asked that the item be left on the first reading. The discussion will continue on May 7.
6. Housing Coordinator – FTE position (Details)
A resolution to establish a new full-time equivalent (FTE) position for a housing coordinator to focus efforts toward the housing crisis declaration of April 2, 2024.
– Fail 3-5
The council earlier this month adopted a resolution that declared a housing crisis and directed city staff to consider hiring additional employees to coordinate affordable housing efforts. During that meeting, Councilmember Sarah Moore suggested amending the resolution to require the hiring of a housing coordinator, but that amendment failed 2-6 with only Moore and D’Andre Jones voting in favor.
This proposal to hire a full-time housing coordinator was brought forward by Moore, and would use $90,000 of the remaining $100,000 in ARPA revenue to pay for the first year of the new employee’s salary. A job description is included in the agenda item packet.
Discussion:
Chief Financial Officer Paul Becker said using ARPA funds could be tricky because the city needs to spend the money by the end of 2024 and staff salaries are spread throughout the year.
Jones said he was in favor of hiring a coordionator earlier this month and will also support this new proposal.
Four people spoke in favor during public comment.
Berna moved to end discussion and immediately vote. That motion failed 4-4 with Moore, Bunch, Stafford and Jones voting against.
Wiederkehr said removing the hiring of a coordinator was part of the compromise the council made to pass the housing resolution earlier this month, so it doesn’t seem procedurally appropriate to come back at the next meeting and ask to recoup some of the items that were compromised in those negotiations. He said if the housing task force recommends hiring a coordinator, he’d be more inclined to support the idea at that time.
Turk agreed with Wiederkehr and said she doesn’t think the resolution would’ve passed at all without removing the requirement for a housing coordinator.
“I kind of feel like it was a little bit of a bait and switch,” said Turk, who added that she’d prefer to give the task force a chance to make recommendations before going back on the council’s decision two weeks ago.
Bunch said she’s not sure experimenting with a new position is the best use of the remaining ARPA funds. Berna agreed.
Jordan said he also thought this decision had already been made so he won’t support this resolution if he needs to vote. He told the council that 50 people have applied for the task force and he needs time to look over the applications to make sure he chooses the most appropriate members.
Decision:
The resolution failed by a vote of 3-5. Moore, Jones and Stafford voted in favor.
Meeting duration
This meeting lasted 2 hours and 50 minutes, and was adjourned at 8:20 p.m.
