LIVE UPDATES: Fayetteville City Council recap: Aug. 6, 2019

File photo

On the agenda…

  • Rezoning 0.4 acres on West Avenue
  • Amending the Residential Parking Permit Program
  • Changes to the way the city handles notifications and public hearings
  • Rezoning 3 acres northwest of Rupple Road and Faith Street
  • Rezoning 0.8 acres at 1520 E. Huntsville Road
  • Approving an MOU for use of the NWA Crisis Stabilization Unit

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Aug. 6, 2019 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.


Roll Call

Present: Sonia Gutierrez, Sarah Marsh, Mark Kinion, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith
Absent: Matthew Petty

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – Finance Director Paul Becker


2. CAFR Report – Finance Director Paul Becker


Agenda Additions

1. Northwest Arkansas Nutrient Trading Research and Advisory Group (Details)

A resolution to request the Northwest Arkansas Nutrient Trading Research and Advisory Group to consider a list of recommended changes to regulations for nutrient trading.
Pass 7-0

Notes:
Council member Teresa Turk brought this forward because she said the current policy is “full of holes.” Turk read a list of recommended changes, but we don’t yet have a copy since it was just introduced during the meeting. We’ll try to get a copy before the end of the night which includes those recommended changes. Assistant City Attorney Blake Pennington provided us with a copy of the resolution.

Three people spoke in favor of the resolution.

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

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 July 16, 2019 City Council Meeting Minutes
Pass 7-0

2. Fleming Electric, Inc. (Details): A resolution to authorize the purchase of four electrical junction boxes and the repair of an electrical conduit for the biological treatment units at the West Side Wastewater Treatment Facility for the total amount of $18,704.00 plus applicable taxes and freight charges, and to approve a budget adjustment.
Pass 7-0

3. Jack Tyler Engineering, Inc. (Details): A resolution to authorize the purchase of a pump for the solids handling odor control system at the Paul R. Noland Wastewater Treatment Facility from Jack Tyler Engineering, Inc. in the amount of $10,900.00 plus applicable taxes and freight charges, and to approve a budget adjustment.
Pass 7-0

4. Nabholz Industrial Services (Details): A resolution to accept a quote in the amount of $9,423.36 plus applicable taxes from Nabholz Industrial Services for the installation of a fill auger and scrubber-condenser for the thermal dryer at the Biosolids Management Site, to approve a project contingency in the amount of $1,500.00, and to approve a budget adjustment.
Pass 7-0

5. Bid #19-36 Avo Multi-Amp Corporation d/b/a Megger Group (Details): A resolution to award Bid #19-36 and authorize the purchase of water leak detection equipment from Avo Multi-Amp Corporation d/b/a Megger Group in the amount of $60,990.00 for use by the Water and Sewer Operations Division.
Pass 7-0

6. Bid #19-34 Kansas Salt, LLC (Details): A resolution to award Bid # 19-34 and authorize the purchase of bulk crushed rock salt from Kansas Salt, LLC for $50.00 per ton for materials picked up and $95.00 per ton for materials delivered as needed, and to authorize the use of Central Salt, LLC as a secondary supplier.
Pass 7-0

7. American Electric Power (Details): A resolution to authorize a contract with AEP/SWEPCO for utility relocations associated with the construction of the Cedarwood and Glenwood Drainage Improvements Project, with the amount to be paid by the City of Fayetteville not to exceed $30,697.03.
Pass 7-0

8. NWA Trailblazers (Details): A resolution to authorize a contract with Bentonville/Bella Vista Trailblazer’s Association, inc. d/b/a NWA Trailblazers for the design and construction of phase 1 of the soft surface cycling infrastructure for Centennial Park at Millsap Mountain.
Pass 7-0


Unfinished Business

1. RZN 19-6666 (119 & 127 S. West St./Canfield) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6666 for approximately 0.40 acres located at 119 and 127 S. West Avenue from NC, Neighborhood Conservation to MSC, Main Street/Center.
Pass 7-0

Background:
This item was left on the second reading on July 16.

The properties are located on the west side of West Avenue between Mountain Street to the north and South Street to the south. Both properties are developed with single-family homes. In 2004, the property was rezoned to NC, Neighborhood Conservation, as a part of the Downtown Master Plan.

The applicant has stated that the MSC, Main Street/Center rezoning is necessary to expand the development options of the property, including the potential for an art gallery, office, restaurant, or bar. While the current NC zoning district does allow for small offices, restaurants, and retail as conditional uses, there is no allowance for bars.

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

Location:

July 2 Discussion:
There was no public comment.

Turk suggested holding the item on the first reading to allow for more time for public comment. The council agreed. The discussion will continue on July 16.

July 16 Discussion:
There has been some concern expressed over the allowed height of buildings in the requested zoning district. The applicant said he’s willing to submit a Bill of Assurance to limit any development that occurs within the 25-foot build-to area to not exceed three stories.

The council agreed to hold the item on the second reading to allow the applicant time to file the Bill of Assurance with the Planning Department. The discussion will continue on Aug. 6.

Aug. 6 Discussion:
The applicant has submitted a formal Bill of Assurance that limits the height of the structure to three stories. The BOA also would not allow Use Unit 17 Transportation Trades and Services, such as automotive sales, car washes, used car lots, body shops and garages, etc.

There was no public comment.

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


2. Amend §161.29 Neighborhood Conservation (Details)

An ordinance to amend §161.29 Neighborhood Conservation of the Fayetteville Unified Development Code to change the lot width minimum for all dwelling types to 40 feet.
Pass 7-0

Background:
This item was left on the first reading on July 16.

The proposal would modify the lot width of the NC, Neighborhood Conservation zoning district. Currently, the district has a much larger lot width for attached dwellings than single-family detached dwellings. Staff said this criteria can lead to attached dwellings being wider, taller, and having obviously more parking than single-family dwellings. Staff said the larger lot width encourages developers of smaller, attached dwellings to rezone NC property to a higher tier district with a narrower lot width. However, these higher tier re-zonings in the midst of NC districts could allow development that may be out of scale and context with surrounding dwellings. Districts with the same lot width across dwelling types, staff said, allow attached dwelling to be built on a similar scale as a single-family dwelling.

July 16 Discussion:
There was no public comment.

Marsh said it’s a good change that would allow multi-family homes to blend in with single-family dwellings without being so obvious.

Turk said it’s a big change that needs more time for evaluation from the public, and suggested holding the ordinance on the first reading. The council agreed. The discussion will continue on Aug. 6.

Aug. 6 Discussion:
There was no public comment. Marsh thanked city staff members for bringing this item forward. She said it’s a good way to introduce gentle density into the city’s neighborhoods by accommodating for a greater variety of housing types.

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


3. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone (Details)

An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to convert portions of restricted residential-only parking along Locust Avenue and Lafayette Street and portions of paid-only on-street parking along Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed-use parking areas.
Left on the second reading

Background:
This item was left on the first reading on July 16.

The item refers to the residential parking spaces in the Entertainment District that are currently only available for residents with a parking pass.

Staff said while several residential streets see high utilization for residential parking, others do not. Two that see particularly low utilization from residents are Locust Avenue between Spring Street and Center Street, and Lafayette Street between Campbell Avenue and Forest Avenue. Those streets have a few businesses on them and it’s an issue for employees who cannot park near their workplace.

The proposal is to convert those two street segment parking spaces to mixed-use (paid parking and residential permit). Also proposed is to convert the following paid parking street segments to mixed-use: Vandeventer Avenue between Lafayette Street and Maple Street; Lafayette Street between West Avenue and Campbell Avenue; and Church Avenue between Dickson Street and Meadow Street.

Staff said converting the two street segments with residential parking spaces to mixed-use would result in over 70 more spaces for people to park when visiting the Entertainment District without any anticipated effect on residents. With the additional three paid parking streets included in the proposal, the change would add over 50 spaces where residential permits are valid.

July 16 Discussion:
Petty and Kinion said they’ve received phone calls and emails from people who are curious or skeptical about the proposed changes. They said they’re both in favor of holding this item on the first reading to allow for more public comment.

One resident who lives on Lafayette Street said she’s concerned about potentially losing residential parking spaces in front of her house, and asked the council to consider stopping the mixed-use changes at Mock Avenue instead of continuing them all the way to Forest Avenue.

The council agreed to leave the item on the first reading. The discussion will continue on Aug. 6.

Aug. 6 Discussion:
Staff said if approved, the city would monitor the spaces to evaluate use and would collect data to bring back to the council in six months.

Local residents Sterling Hamilton and Jeremy Hudson spoke in favor of the ordinance. Hudson is co-owner of Specialized Real Estate Group whose office is in downtown Fayetteville.

Council member Scroggin said he’s in favor of the proposal and said it’s a good idea to better utilize the city’s current parking spaces.

Council member Marsh said she’d like the city to consider some 15-minute parking spaces in some areas – like in front of apartment buildings – to allow people to load or unload near their residences.

Council member Kinion said he’d like to hold the item on the second reading to allow more time for the public to consider the proposal.

The council agreed to hold the item. The discussion will continue on Aug. 20.


4. Amend Chapter 157, Notification and Public Hearings (Details)

An ordinance to amend Chapter 157, Notification and Public Hearings of the Fayetteville Unified Development Code by expanding the notification requirements for public hearings on applications for developments, annexations, zoning map amendments, conditional use permits, zoning variances, and large site improvement plans.
Pass 7-0

Background:
This item was left on the first reading on July 16.

When changes are proposed to properties, the current law requires the city to notify the adjacent property owners about the proposal. This ordinance would change the language to require the city to notify all landowners within 200 feet of the property. Staff said in many instances, impacts of proposed land use changes affect property owners beyond those immediately adjacent on which the change is requested. Staff said a 200-foot radius notice requirement is common practice with peer communities and results in significantly more property owners notified.

Discussion:
Petty asked why the notifications are limited solely to property owners, when many people affected by changes are renters. He suggested sending notices to everyone who lives nearby instead of just the property owners.

Staff said apartment buildings could be problematic because the notifications are sent using certified mail and it’s unclear how the city would obtain the names of all the nearby tenants, especially in a large apartment complex. Petty suggested just sending the notification to the addresses without including the names of the tenants. Smith, Marsh and Kinion said they support Petty’s suggestions. Gutierrez and Scroggin also agreed.

It was also suggested by a city staff member to consider factoring in street width so as not to overlook residents who live across the street from a property with proposed changes if the street is very wide (like Crossover Road which has four lanes separated by a median).

The ordinance was left on the first reading. The discussion will continue on Aug. 6.

Aug. 6 Discussion:
City Attorney Kit Williams presented an amendment that includes Petty’s suggestion from July 16 to send notices to everyone who lives within 200 feet of the boundary line of the subject property instead of just the property owners. The council voted 7-0 to approve the amendment.

Marsh said she likes the amended proposal because it recognizes that it’s not just homeowners who have a stake in the community, but also renters.

There was no public comment.

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


New Business

1. Employee Benefits Package (Details)

A resolution to approve the 2020 Employee Benefits Package.
Pass 7-0

Background:
Staff and Gallagher Benefit Services, the city’s benefits broker, have reviewed the annual renewals for employee insurance plans. Employee benefit renewals are brought forward at this time to ensure the annual open enrollment may proceed according to schedule. See the plan here.

This proposal would renew health insurance with Blue Cross Blue Shield and has no increase in rates. The renewal with Delta Dental has a slight increase ($1.10 per month for an employee-only policy and $3.90 per month for an entire family).

Discussion:
There was no public comment.

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


2. RZN 19-6708 (nw of Rupple Rd. & Faith St./Sloanbrooke Ph. IV) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6708 for approximately 3.08 acres located northwest of Rupple Road and Faith Street from R-A, Residential Agricultural and NC, Neighborhood Conservation to NC, Neighborhood Conservation and R-A, Residential Agricultural.
Forwarded to Planning Comission 7-0

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

The property includes two sites of approximately 1.54 acres and 1.54 acres each. Both areas are located south of Owl Creek. They are part of a much larger parcel that has been subdivided in part for different phases of Sloanbrooke Subdivision. The larger property and area was rezoned in 2015 as part of the staff-initiated rezoning (15-5174) of over 600 acres in the new South Rupple Road vicinity. In 2016 and 2018, the council approved rezoning proposals (16-5400 and 18-6239) that traded areas zoned NC and R-A similarly to the proposal outlined below in this report.

The rezoning would change 1.54 acres slated to become residential lots from R-A to NC to allow for their construction. In return, 1.54 acres elsewhere within the area will be rezoned from NC to R-A. The overall acreage swapped between districts is equivalent to one another and would allow the creation of approximately eight more residential lots.

Location:

Discussion:
Staff recommended the item be held for at least two weeks because it was discovered that a portion of the subject property was recently deeded to the city, and that area needs to be removed from this rezoning request. The applicant also wants some more time to talk with council members about how best to develop the property.

Council member Smith moved to send the proposal back to the Planning Commission for review. Marsh seconded the motion, and suggested the applicant request CS-Community Services, possibly with a Bill of Assurance that removes single-family homes fronting Rupple Road.

There was no public comment.

Decision:
The council voted 7-0 to send the item back to the Planning Commission.


3. RZN 19-6710 (1520 E. Huntsville Rd./Tamijani) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6710 for approximately 0.80 acres located at 1520 E. Huntsville Road from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services-General.
Pass 7-0

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

The property is located on the northwest corner of Huntsville Road and Sherman Avenue. It is developed with a single-family dwelling. The applicant has stated that this rezoning is necessary to develop the property with greater density or small businesses that compliment adjacent uses.

Location:

Discussion:
There was no public comment.

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


4. VAC 19-6712 (155 N. Fletcher Ave./Enlighten Homes) (Details)

An ordinance to approve VAC 19-6712 for property located at 155 N. Fletcher Ave. to vacate a portion of street right-of-way.
Pass 7-0

Background:
Both the Planning Commission and city staff recommend approval of the request with the following condition of approval:

  1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer’s expense;
  2. Retain 15-foot wide Utility Easement along Spring Street and a 5-foot wide Utility Easement along Fletcher Avenue.

The applicant proposes to vacate excessive and unused right-of-way between the current property line and the Master Street Plan right-of-way line, located 25-feet from the centerline of Spring Street.

Location:

Discussion:
Staff said all of the properties on the south side of Spring Street between Fletcher and Willow have unnecessary rights-of-way that could be vacated. Several council members said they’d be open to vacating those properties if the owners requested it.

There was no public comment.

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


5. Blocker & Wallace Service, LLC (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $31,550.00 plus applicable taxes and freight charges from Blocker & Wallace Service, LLC for the repair of two cyclo-blowers for the Westside Wastewater Treatment Facility, and to approve a budget adjustment.
Pass 7-0

Background:
Staff said these repairs are needed to ensure continued operation of the Westside Wastewater Treatment Facility.

Discussion:
There was no public comment.

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


6. Washington County Northwest Arkansas Crisis Stabilization Unit MOU (Details)

A resolution to approve a memorandum of understanding between the City of Fayetteville and Washington County for the city to use the Northwest Arkansas Crisis Stabilization Unit at no cost through 2019 with a fee of $40.00 per day for each individual the city sends for treatment beginning on January 1, 2020.
Pass 7-0

Background:
The county received state funding as part of a pilot program to establish the CSU to provide services to individuals suffering from mental health and co-occurring substance treatment for a four-county area. The county judge has told city staff that they can use the facility, but since it’s just a verbal agreement, city officials wanted to have a written MOU.

Mayor Jordan said his staff have been working on this for the past month or so. He said he’s in favor of the facility because it provides an alternative for people who are having mental episodes to be sent to the CSU instead of jail if possible.

Jordan said he requested that someone from the county come to the meeting tonight to answer questions about the facility, but there is no representative here.

Several council members had questions about the facility and how it will be operated, but with no representative from the county, their questions couldn’t be answered.

Council member Smith wanted to know whether residents would be double charged for the city’s use of the facility considering they already pay county taxes. He also wondered whether the medical providers for the CSU would bill Medicaid or Medicare. Smith said he doesn’t feel comfortable voting for the MOU without answers to his questions. He suggested tabling the item for two weeks.

City Attorney Kit Williams said there is no guarantee that a county representative will be here in two weeks, despite the city’s request. He called the MOU a “take it or leave it contract” and said he doesn’t much like it, but he suggested signing it anyway to at least ensure the city can use the facility.

Council member Bunch said she’s worried that holding the item might compromise the city’s access to the facility. She suggested going ahead and approving the MOU. Council member Marsh agreed, and said while she also has questions, she wants to make sure people who are in crisis can use the facility. Council member Kinion agreed with them both.

Turk suggested drafting a letter to the county with the council’s questions in hopes of receiving some answers.

Smith said he still wants to wait before signing the MOU. He said if someone is turned away from the facility while the city does its due diligence, it would be on the judge because he verbally agreed to allow the city to use it. He said if the council wants to vote tonight, he’ll vote in favor, though.

Police Chief Greg Tabor said the facility operators have said they won’t take anyone who is intoxicated, and that he’s been told the maximum amount of time a person could stay at the facility is three days, and that they must agree to go to the facility before being taken there (those were some of the council members’ questions).

Two residents spoke in favor of the resolution.

Smith moved to table the item for two weeks, but his motion failed, with only himself and Turk voting to table.

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


Announcements

– Fayetteville officials are asking for input on possible regulations on single-use plastics.
– The Gulley Park Summer Concert Series concludes Aug. 8 with the Bryan Titus Trio Band.


Adjourned

This meeting was adjourned at 8:03 p.m.