December 4, 2022

Wednesday, Oct. 5, 2022

Flyer file photo
» Download the agenda
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Oct. 4, 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.
Present: Sonia Harvey, D’Andre Jones, Mark Kinion, Mike Wiederkehr, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
1. Monthly Financial Report
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 Sept. 6, 2022 City Council Meeting Minutes.
Pass 8-0
2. Food Recycling Solutions, LLC (Details): A resolution to approve an agreement with Food Recycling Solutions, LLC for the hauling of organic compostables and recyclable material in the City of Fayetteville.
Pass 8-0
3. Hawkins-Weir Engineers, Inc. Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the professional engineering services agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $32,240.00 for construction management services related to recycling and trash facility improvements.
Pass 8-0
4. J.A. Riggs Tractor Company d/b/a Riggs Power Systems, Station W1 (Details): A resolution to authorize the purchase of a Caterpillar generator from J.A. Riggs Tractor Company d/b/a Riggs Power Systems in the amount of $74,265.00 plus any applicable tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use at the South Mountain Pump Station.
Pass 8-0
5. J.A. Riggs Tractor Company d/b/a Riggs Power Systems, Station W18 (Details): A resolution to authorize the purchase of a Caterpillar generator from J.A. Riggs Tractor Company d/b/a Riggs Power Systems in the amount of $55,990.00 plus any applicable tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use at the Gulley Road Water Pump Station.
Pass 8-0
6. Alltel Corporation dba Verizon Wireless Fifth Amendment (Details): A resolution to approve the fifth amendment to the Water Tower Attachment Communications Site Agreement with Alltel corporation d/b/a Verizon Wireless to allow Verizon to replace the cellular communications equipment on the older of the two Gulley Road elevated water storage tanks.
Pass 8-0
7. Crafton, Tull & Associates, Inc. (Details): A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 22-01 Selection #12, in an amount not to exceed $146,780.00 for design services associated with the Lake Fayetteville Ballfield Renovation Project, to approve a project contingency in the amount of $7,340.00, and to approve a budget adjustment – 2019 Park Improvement Bond Project.
Pass 8-0
8. Recognize Interest Revenue For Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019 (Details): A resolution to approve a budget adjustment recognizing interest revenue generated from the Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019.
Pass 8-0
9. Beaver Water District (Details): A resolution to approve a budget adjustment in the amount of $800,000.00 for the purchased water account due to increased water usage.
Pass 8-0
10. Rightseat, LLC Agreement (Details): A resolution to approve a thirty (30) year ground lease agreement with Rightseat, LLC for airport property located north of the Drake Field Terminal Building at 4200 S. School Ave. for the construction of a 80’ x 70’ hangar, with an option to extend the ground lease for an additional ten (10) years.
Pass 8-0
11. Purchase Additional Loads of Fuel (Details): A resolution to approve a budget adjustment in the amount of $579,000.00 for the purchase of additional loads of jet fuel and avgas due to increasing fuel sales and rising fuel costs.
Pass 8-0
12. WT Equipment of Springdale (Details): A resolution to approve the purchase of a Bobcat E42 Compact Excavator with attachments and trailer from WT Equipment of Springdale in the amount of $101,205.00, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
Pass 8-0
13. Bid #22-43 Legacy Construction Management, Inc. (Details): A resolution to award Bid #22-43 and authorize a contract with Legacy Construction Management, Inc. in the amount of $279,684.69 for improvements to the Recycling and Trash Collections Transfer Station floor, and to approve a project contingency in the amount of $50,000.00.
Pass 8-0
14. Carbon Reduction Program Federal-aid Funds (Details): A resolution to express the willingness of the City of Fayetteville to apply for and utilize Carbon Reduction Program federal-aid funds in an amount of up to $500,000.00 for street lighting improvement projects.
Pass 8-0
15. Railroad Crossing Upgrade Cost and Maintenance Agreement (Details): A resolution to waive competitive bidding and authorize a Railroad Crossing Upgrade Cost and Maintenance Agreement with the Arkansas and Missouri Railroad in the amount of $839,774.60 for modifications required for the Razorback Road and 15th Street Intersection Project, to approve a project contingency in the amount of $80,000.00, and to approve a budget adjustment – 2019 Street Improvement Bond Project.
Pass 8-0
16. U.S. Geological Survey Joint Funding Agreement (Details): A resolution to approve a joint funding agreement with the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2022 with the amount paid by the city not to exceed $61,582.00.
Pass 8-0
17. RFQ 22-01 Olsson, Inc. (Details): A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #22-01, in the amount of $89,900.00 to provide an assessment of lands with high ecological value and to develop an Ecosystems Services Plan, and to approve a project contingency of $8,990.00.
Pass 8-0
18. Railroad Crossing Improvements Application Grant (Details): A resolution to authorize an application for a 80/20 matching grant in the amount of $312,000.00 for railroad crossing improvements through the Railroad Crossing Elimination Program.
Pass 8-0
A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Leroy H. Scharfenberg located at 2860 E. Wyman Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,800.00.
Tabled 8-0 until Feb. 7, 2023
Background:
Staff said this item was brought to the attention of the city through an anonymous complaint. A staff memo states that upon inspection, it was discovered the property includes a structure that is on the verge of collapse, with a non-functioning roof, collapsing walls and a crumbling foundation.
Staff said the owner mentioned bringing the home back into compliance in October 2021, and was given time to address the issues. The owner applied for a building permit for the work in December 2021, but never paid the fee for the permit, so on May 31, 2022 the permit was voided. Recent inspections show that no repair attempts have been made, according to city documents.
» See photos in the agenda packet
Location:

July 5 Discussion:
The homeowner’s daughter spoke and said they have a plan to get her father out of the house and replace the house with a prefabricated home. She said they need at least until the end of the summer before they can get the plan together.
Scroggin said he’s OK with allowing some more time, but not too much more since the home seems to be on the verge of collapse.
City Attorney Kit Williams said he is concerned about any lengthy delays on this decision because the building safety department has determined that the house is very near collapsing.
The council agreed to allow another 30 days before a decision, and voted 8-0 to table until Aug. 2.
Aug. 2 Discussion:
The homeowner’s daughter said more time is needed to get the home into compliance. She said significant progress has been made on the property, and her father has moved out so there is no longer any danger to him. She asked the council for 60 more days for her family to work on the property, which could include razing the home themselves.
Councilmember Scroggin said he hopes the council will agree to give the family more time.
Councilmember Bunch said she’s concerned for the safety of the family if they’re demolishing a home with the utilities still turned on. The homeowner’s daughter said the utilities are set to be disconnected tomorrow.
The council agreed to table the item until the Oct. 4 meeting.
Oct. 4 Discussion:
City staff said a demo permit was issued for the property. Some of the work was completed, but much of the structure still stands.
Here are some photos taken this morning (10/04/22):



The owner’s daughter said she’s done all the work with the most basic tools, and she plans to continue working until the home is razed. She asked for another 120 days to complete the demolition.
One person spoke in favor of allowing another 120 days for demolition.
Scroggin said he’s worried about what would happen if the home fell while someone was inside working on it without proper heavy equipment, but it seems like a risk the family is willing to take. He asked if the city would be liable for any injuries sustained on the property. City Attorney Kit Williams said there wouldn’t be much liability, if any. Scroggin said he’d be in favor of allowing more time. Bunch agreed.
Wiederkehr said the lien put on a property that’s razed is not collected immediately, but is usually only sought when the property is sold. He said he just wants the family to understand that if the project becomes too much to handle, they don’t have to worry about paying back a lien to the city for a while.
The owner’s daughter said the reason they’d like to avoid a lien is because they hope to take out a loan on the property, and that is another trigger for paying back a lien.
Turk asked for a staff update after 60 days.
The council tabled the resolution for 120 days. The discussion will continue on Feb. 7, 2023.
An ordinance to approve VAC 22-018 for property located at West Sligo Street and South Razorback Road in Ward 1 to vacate a portion of street right-of-way.
Pass 8-0
Background:
The unbuilt right-of-way is north of the intersection of Brower Avenue and Sligo Street. It dead ends into private property after extending approximately 430 feet going north of Sligo Street. The right-of-way itself is not within floodway or floodplain, though the property to the north which it abuts is impacted by both, staff said. A previous request to vacate the subject right-of-way was tabled indefinitely at a Planning Commission meeting on Jan. 14, 2019. A property line adjustment recorded with the county in April consolidated five lots adjoining the subject right-of-way to the west into a single property.
The applicant proposes to vacate the unbuilt right-of-way representing an extension of Brower Avenue. In their request letter, the applicant suggests vacating the right-of-way will facilitate development on properties immediately to the east and west.
City planners are in favor of the request, but the Planning Commission voted 8-0 to recommend denial. Commissioners who spoke in opposition mentioned issues with an internally focused development pattern, loss of opportunity for future connectivity, and the right-of-way’s presence on the Fayette Junction Master Plan.
Location:

Sept. 6 Discussion:
City staff said the applicant has requested that the ordinance be tabled until the Oct. 4 meeting. The council agreed.
Oct. 4 Discussion:
The applicant said the plan for the property is to donate it to the Alpha Gamma Rho fraternity so they can build a new home.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
A resolution to approve a professional architectural services agreement with Miller Boskus Lack Architects, P.A., d/b/a MBL Planning pursuant to RFQ #21-09, in the amount of $212,257.00 for the development of a pre-approved building design program, to approve a project contingency in the amount of $10,613.00, and to approve a budget adjustment.
Pass 7-1
Background:
This item would approve a contract for the creation of 4-6 pre-approved designs for homes in downtown and south Fayetteville. Developers could choose any of the designs for new construction, and because they would be pre-approved for development, the permitting process would be quicker and easier. Staff said the design library could also encourage would-be developers to actively engage in the improvement of their own neighborhoods. Use of the designs would be completely optional.
Funding for the contract will come from the city’s capital improvement budget.
Sept. 20 Discussion:
Turk suggested tabling the resolution to give the council more time to consider the proposal and to get more information about other cities that have adopted similar plans.
The motion to table was approved.
Oct. 4 Discussion:
Turk said she went online and found housing designs that were considerably cheaper. She said
“Frankly I think it’s a waste of our money,” Turk said. “I think $212,000 can be spent on a slew of other things that are more important to our city.”
Scroggin said online designs still need vetting and other work before they’re ready to be used. He said he likes the proposal, not just because it will provide pre-approved plans, but also because residents will be able to give input on the designs before they’re finalized, which will further customize the plans specifically for Fayetteville.
Bunch said it’s not a waste of money to let the community participate in the process of vetting pre-approved designs that could be used around town.
Kinion said the plans would provide an opportunity for a quicker turnaround to build a home, which could save residents time and money.
“I think it’s worth the investment,” said Kinion. “We keep talking about affordable housing, and I think this is one way to offer some savings and an opportunity for someone to get into a home.”
Wiederkehr said much of the angst he hears about development centers around the design of the structures being built, and not as much about the density, so he likes the idea of having plans that are approved by the community. Plans that are already approved would also save time for city planning staff.
“That is a savings that benefits the entire community,” said Wiederkehr. “Anything we can do to help with the workload of city staff is a worthwhile experiment for me.”
Harvey said having a set of designs that are put together as a whole could provide a more aesthetically pleasing group of homes than using designs that are purchased individually.
“That is incredibly valuable,” said Harvey.
Decision:
The council voted 7-1 to approve the resolution. Turk voted against.
An ordinance to rezone that property described in rezoning petition RZN 22-037 located southeast of West 18th Street and West Custer Lane in Ward 1 for approximately 3.10 acres from RMF-24, Residential Multi-family, 24 units per acre and C-1, Neighborhood Commercial to RI-U, Residential Intermediate-Urban.
Pass 8-0
Background:
The property contains three lots totaling and is included in the Fayette Junction planning area. Aside from overhead electric lines the site is entirely undeveloped and largely covered by mature tree canopy. An unnamed tributary of the Town Branch bisects the eastern half of the property and is protected under the city’s streamside protection ordinance. The applicant has not submitted an associated development proposal but suggests the rezoning will facilitate a development of single- and two-family homes on the property.
Both city planners and the Planning Commission recommend approval of the request.
Location:

Sept. 20 Discussion:
There was no public comment.
Harvey said she’d like to hold the ordinance on the first reading to allow more time to consider the proposal. The council agreed, and the discussion will continue on Oct. 4.
Oct. 4 Discussion:
There was no public comment.
Turk said she thinks the stream that runs through the property will make development difficult, but she said she’ll support it because the current entitlements are very high. Jordan agreed, and said right now, a five-story complex could be built on the property, which is not appropriate for the neighborhood.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
A resolution to repeal Resolution 89-22 and to authorize the reduction of the election of the standard allowance of $10,000,000.00 in revenue losses due to the public health emergency created by the Covid-19 pandemic from the previously awarded American Rescue Plan Act funds to the calculated loss of $6,914,393.00.
Pass 7-1
Background:
This item would repeal a resolution the council passed in April to take a standard deduction from the federal government to allow a wider variety of uses of the city’s $17.9 million share of pandemic relief money. City officials said the decision eliminated some restrictions that prevent using the funds for certain infrastructure projects.
Councilmember Mark Kinion sponsored the repeal, which would put less money toward city projects and allow about $3 million more in funds to be distributed to nonprofit groups.
Discussion:
Kinion said he’s been contacted by a large amount of nonprofit organizations that are in dire need of money lost during the pandemic.
Turk said she was against the original resolution that the council passed in April, specifically because she wanted more money for nonprofits. She said she’ll support this resolution.
Wiederkehr said he made the original motion for the first proposal, but he has no issues revising that decision.
“It’s all money that’s going to help our community,” he said.
Decision:
The council voted 7-1 to approve the resolution. Hertzberg voted against, and while she didn’t say specifically why, she did ask city staff earlier in the meeting about which infrastructure projects might not be funded if this resolution were passed.
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.
Left on the first reading
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
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.
An ordinance to approve VAC 22-021 for property located at 927 E. Rockwood Trail in Ward 1 to vacate a portion of a utility easement.
Pass 8-0
Background:
The property is on the south side of Rockwood Trail about a quarter-mile east of Mission Boulevard. It is currently developed with one single-family home.
City planning staff recommend in favor of the requestwith the following conditions of approval:
A Planning Commission recommendation is not required.
Location:

Discussion:
City staff proposed an amendment to revise the second condition of approval to instead read:
“2. A 5-foot general utility easement shall be retained along the east side of the property.”
The change is needed after the applicant spoke with SWEPCO today, staff said.
The council approved the amendment 8-0.
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
An ordinance to approve VAC 22-020 for property located at 1070 N. Marinoni Drive in Ward 4 to vacate a portion of a utility easement.
Background:
The property is located southeast of Wedington Drive’s intersection with Interstate 49. It is primarily used as a cattle pasture with associated agricultural outbuildings. The applicant intends to further develop the property through subdivision and street improvements, and an associated lot split is currently under review at the site.
City planning staff recommend in favor of the request with the following conditions of approval:

A Planning Commission recommendation is not required.
Location:

Discussion:
Staff proposed an amendment to strike numbers 3 and 4 from the conditions of approval, after SWEPCO revised their request. The council approved the amendment 8-0.
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
An ordinance to rezone that property described in rezoning petition RZN 22-041 located at 1453 S. Root Lane in Ward 1 for approximately 2.50 acres from R-A, Residential-Agricultural to RSF-1, Residential Single-family, 1 unit per acre.
Pass 8-0
Background:
The applicant originally requested the property be rezoned to RSF-4, Residential Single-family, 4 units per acre, but the Planning Commission did not forward that request to the council. Instead, the commission forwarded a recommendation for RSF-1, Residential Single-family, 1 unit per acre.
The property is at the south end of Root Lane, and includes one single-family home. The site is heavily wooded, located entirely within the Hillside/Hilltop Overlay District, and contains a significant slope ranging between 25 and 40 percent. The applicant has indicated that a rezoning would allow them to subdivide and further develop the property.
City planning staff recommended denial of the original RSF-4 request. The Planning Commission agreed with city planners, and recommended the property instead be rezoned to RSF-1, Residential Single-Family, 1 Unit per Acre. Both city planners and the applicant are supportive of rezoning to RSF-1, according to city documents.
Location:

Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
An ordinance to rezone that property described in rezoning petition RZN 22-042 located at the southwest corner of North Gregg Avenue and North Futrall Drive in Ward 2 for approximately 4.05 acres from C-3, Central Commercial to UT, Urban Thoroughfare.
Pass 8-0
Background:
The property is at the southwest corner of North Gregg Avenue and North Futrall Drive across from Washington Regional Medical Center. It is currently undeveloped and does not have direct frontage along Gregg Avenue. The Arkansas Missouri Railroad passes in between the property and the street, but the city is currently in the process of developing a railroad crossing so the property can be accessed from Gregg. The hospital intends to redevelop the property and some adjacent land to the south for an expansion project.
Both city planning staff and the Planning Commission 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.
An ordinance to rezone that property described in rezoning petition RZN 22-034 located at 113 E. Davidson Street in Ward 2 for approximately 0.14 acres from RSF-4, Residential Single-Family, 4 units per acre to NS-L, Neighborhood Services – Limited.
Pass 8-0
Background:
The property is about 200 feet east of the intersection of College Avenue and Davidson Street. It includes an office building and an accessory residential structure. An attorney’s office has had an active business license at the location since 2002. Structures, drive aisles, and parking cover nearly all the lot’s area.
Both city planning staff and the Planning Commission 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.
An ordinance to rezone that property described in rezoning petition RZN 22-040 located at 2255 E. Huntsville Road in Ward 1 for approximately 1.16 acres from R-A, Residential Agricultural and RSF-4, Residential Single-Family, 4 units per acre to NS-G, Neighborhood Services – General.
Pass 8-0
Background:
The property is on the south side of Huntsville Road, and includes a single-family home and associated outbuildings. The site is flat and contains a sparse tree canopy, with foliage mostly isolated to the area around the existing residence and south property line. The applicant has not submitted a development proposal but suggests the rezoning will allow the owner to redevelop the property with a residence on the south portion of the property and a multi-use building near Huntsville Road.
Both city planning staff and the Planning Commission 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.
An ordinance to rezone that property described in rezoning petition RZN 22-043 located at 560 W. Van Asche Drive in Ward 2 for approximately 13.56 acres from R-A, Residential-Agricultural to UT, Urban Thoroughfare.
Pass 8-0
Background:
The applicant originally requested the property be rezoned to I-2 General Industrial, but the Planning Commission did not forward that request to the council. Instead, the commission forwarded a recommendation for UT, Urban Thoroughfare.
The property is at the northwest corner of Gregg Avenue and Van Asche Drive. Tune Concrete Company operates on the property, but Total Recycling Paper & Plastic currently has a business license under review at the location. In 2010 the subject property was among a 99-acre territory along Van Asche Drive that was simultaneously de-annexed from the City of Johnson into the City of Fayetteville. The property is relatively flat with sparse vegetation which mostly follows the property’s boundary. An unnamed tributary of the Illinois River is present on-site. Industrial structures and impervious paving associated with the existing businesses covers nearly all of the lot’s area.
City planning staff recommended denial of the original I-2 request. The Planning Commission agreed with city planners, and recommended the property instead be rezoned to UT, Urban Thoroughfare.
Location:

Discussion:
Staff said the original request was not compatible with the city’s longterm planning goals for the area.
The applicant, staff said, has agreed to the updated recommendation for UT, Urban Thoroughfare.
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
An ordinance to approve VAC 22-010 for property located at 2015 S. Vale Ave. in Ward 1 to vacate a portion of an alley right-of-way.
Pass 8-0
Background:
The properties are mostly undeveloped except for one single-family home.
Both city planning staff and the Planning Commission 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.
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.
Tabled 7-0 until Nov. 15
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:

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 in favor of appealing 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 this vote.
This meeting was adjourned at 11:41 p.m.
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