File photo
On the agenda…
- Approving a C-PZD on Wedington Drive.
- Enacting a 10-cent fee on shopping bags.
- Changing public comment time from 5 minutes to 3 minutes.
- Changes needed for the Sain Street extension.
- Allowing pedal carriages to operate within specific areas.
- Approving the 2020 Employee Compensation package.
- Rezoning 2.25 acres on Crossover Road.
- Rezoning 0.67 acres on Huntsville Road.
- A contract for construction of the Rupple Road extension.
- Contracts for construction at Centennial Park.
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, April 7, 2020. The meeting will be held virtually on the Zoom app due to social distancing measures in response to the COVID-19 outbreak.
Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.
Public comments for each item can be submitted at fayetteville-ar.gov.
Roll Call
Present: Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sarah Bunch, Sloan Scroggin, Teresa Turk, Kyle Smith
Absent: None
» View current attendance records
Mayor’s Announcements, Proclamations and Recognitions
1. Monthly Financial Report
2. Award of Financial Reporting Achievement
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 16, 2020 Special City Council meeting minutes.
– Pass 8-0
2. Hazmat Services Revenue (Details): A resolution to approve a budget adjustment in the amount of $11,294.00 recognizing Hazmat Services Revenue received from Washington County and increasing the related expense budget.
– Pass 8-0
3. Cross Church, Inc. (Details): A resolution to authorize an agreement with Cross Church, Inc. for acquisition of a water/sewer easement required for utility relocations associated with the Arkansas Department of Transportation I-49 and Wedington Interchange Project.
– Pass 8-0
4. Matthew Cheadle Damage Claim (Details): A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the mayor to pay the amount of $33,825.00 to Matthew and Frankie Cheadle for a water damage claim arising at 329 E. Sycamore Street.
– Pass 8-0
5. Reallocation of 2018 Community Development Block Grant Funds (Details): A resolution to approve the reallocation of 2018 Community Development Block Grant funds in the amount of $112,000.00, to authorize Mayor Jordan to execute the compliance acknowledgments, and to approve a budget adjustment.
– Pass 8-0
6. RFQ 20-01, Selection #2 McClelland Consulting Engineers, Inc. (Details): A resolution to award RFQ #20-01 and approve the purchase of on-call surveying services from McClelland Consulting Engineers, Inc. as primary provider and Olsson Associates, Inc. as secondary provider based on price and availability as needed through the end of 2020.
– Pass 8-0
7. RFQ #20-01 McClelland Consulting Engineers, Inc. (Details): A resolution to award RFQ #20-01 and authorize the purchase of on-call materials testing services from McClelland Consulting Engineers, Inc. as primary supplier and GTS, Inc. as secondary supplier based on price and availability as needed through the end of 2020.
– Pass 8-0
8. Highway 16 Interchange Project (Details): A resolution to authorize Mayor Jordan to convey a 175-square-foot temporary construction easement along Highway 16 to the Arkansas Department of Transportation for the Highway 16 (Wedington Drive) Interchange Project.
– Pass 8-0
Unfinished Business
1. C-PZD 19-6952 (5102 W. Wedington Dr./LDBG Wedington) (Details)
An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 19-6952 for approximately 8.60 acres located at 5102 W. Wedington Drive to allow the development of mini-storage units and accessory office and retail space.
– Tabled indefinitely
This item was left on the second reading at the March 16 meeting.
The property includes about 8.6 acres on the south side of Wedington Drive between Broyles and 54th avenues. It is largely undeveloped except for a single-family house near Wedington. The southern portion of the property includes floodplain and floodway associated with Owl Creek.
The applicant proposes a mini-storage facility with an associated office building.
The Planning Commission recommended approval with the following conditions:
- The area south of the proposed mini-storage structures that is alternately described as right-of-way and access easement shall be dedicated as right-of-way at the time of development; and
- An access easement shall be dedicated between the proposed parking lot serving the office/retail building and the property to the east.
However, city staff recommend denial of the request. They said the city’s 2040 plan calls for strictly residential uses in this area. Another issue is that staff believes the development would create a barrier that would prevent connectivity. And while the applicant did offer to dedicate right-of-way for a future connection, the offer was for land 800 feet south of Wedington, which staff said is too far away.
Location:
Feb. 18 Discussion:
The applicant said that they have designed the self storage units to be “virtually invisible,” with a building at the front of the property, and landscaping surrounding the property. He also said there is a need for self storage in the area.
There was no public comment.
The council agreed to leave the item on the first reading. The discussion will continue on March 3.
March 3 Discussion:
City staff said the applicant has requested this item be held for another two weeks. The council agreed, and left the ordinance on the second reading.
April 7 Discussion:
The item was tabled indefinitely at the request of the applicant.
2. Enact §114.20 Regulation of Single-use Disposable Bags (Details)
An ordinance to enact §114.20 Regulation of Single-use Disposable Bags Provided by Large Food Stores.
– Tabled until June 2
This item was tabled at the March 16 meeting.
This ordinance is an effort to reduce the amount of shopping bags that end up in the landfill. The council in June approved a resolution of intent to consider regulating single-use bags and other difficult-to-recycle-or-compost materials.
A city survey included responses from 2,167 residents and 154 businesses. Staff said 60% of respondents supported a 10-cent fee on single-use bags, and 58% would bring reusable bags or use fewer disposable bags at checkout if a bag fee were enacted.
If approved, the fee would begin on Jan. 1, 2021.
The proposal is based around 7 major provisions and applicability criteria:
- A 10-cent fee assessed for paper and plastic check out bags (does not include produce or meat bags distributed in the store prior to check out),
- The entire fee is kept by the retailer with a portion of the fee allowed for the retailer to offset cost associated with bags, implementation of the bag fee and reporting of the fee and bag sales,
- The balance of the fee must be invested by the store into a community environmental benefit (re-usable bags, litter clean up, recycling education, etc.),
- The single-use disposable bag fee applies to all stores that sell food and are larger than 10,000 SF (this would apply to all grocery stores, CVS, Walgreens, Target and Walmart but would not apply to small ethnic grocery stores, specialty grocery stores, hardware stores department stores or restaurants),
- Customers purchasing food with SNAP, Food Stamps and WIC are exempt from paying the check-out bag fee,
- Retailers must provide quarterly bag sales numbers to the city, and
- Signage is required at stores.
March 3 Discussion:
City Attorney Kit Williams said there was a typo that needs to be corrected, and requested the council amend the ordinance to include the corrections (see the corrected language here). The council voted 7-0 to amend the ordinance with the requested corrections.
Two people spoke during public comment. One said he doesn’t recall seeing any plastic bag litter around town, but said if the fee is approved, it should apply to every business that uses single-use bags. The other person said he recently read an article which referred to a study that shows plastic bags have a smaller carbon footprint than paper bags and are easier on the environment than paper bags.
Council Member Turk said she rides along the bike trails and frequently sees areas that are littered with foam and plastic bags. She said measures like this have proven to reduce the use of single-use bags in other cities. She said starting with just charging a fee at the larger stores was a planned effort to not do too much too soon. Turk said she hopes the council will agree to leave the ordinance on the first reading to allow more time for public consideration.
Bunch said this is a reasonable and fair proposal that could be a good stepping stone for a future expanded measure.
Marsh said plastic bag litter is a problem around the creeks and neighborhoods in south Fayetteville where she lives. She said she moved here from Seattle which has an all-out ban on plastic bags, and said this measure is just common sense and should’ve probably been enacted years ago.
The council agreed to leave the item on the first reading. The discussion will continue on March 17.
March 16 Discussion:
There was no discussion. This item was tabled until April 7.
April 7 Discussion:
In light of concerns around COVID-19, Council Member Teresa Turk requested to table the item for two months.
3. Hach Company (Details)
An ordinance to waive competitive bidding and approve the purchase of two analyzers and four sludge level detection assemblies from Hach Company for the Noland and West Side Water Resource Recovery facilities in the total amount of $56,943.00 plus applicable taxes and freight charges.
– Pass 8-0
The analyzers track intermittent spikes in ammonia and phosphorus so that operators can react if levels are approaching permitted limits or indicate other developing issues in the treatment process. Sludge level detectors capture the depth of concentrated layers of settleable solids following the biological treatment processes.
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0 until April 7.
April 7 Discussion:
There was no public comment.
Decision:
The council voted unanimously to approve the ordinance.
4. Sain Street Extension Project (Details)
An ordinance to vacate a portion of right-of-way from Front Street to Joyce Boulevard for the Sain Street extension project.
– Pass 8-0
The alignment of the planned extension does not follow the old right-of-way corridor, but instead moves slightly to the south and east. Staff said the landowner of either side of the existing right-of-way for the Sain Street Cul-de-sac is A.W. Realty Company. The city is currently in the land acquisition phase to acquire the needed right-of-way and easements to construct the new roadway and bridge to make the connection to Joyce Boulevard from Front Street. A third-party real estate appraisal determined the fair market value to be $445,800.00 for the land. Subsequently, the city discovered that a large portion of “abandoned” right-of-way for Sain Street was never technically abandoned. A.W. Realty has requested the 24,706-square-foot piece of land be reverted back to them. Staff said this vacation would equal a total savings of $182,690.00.
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0 until April 7.
April 7 Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third and final reading, and approved it unanimously.
5. ADM 20-6998 Amend Ordinance No. 2883 Sain Street (Details)
An ordinance to amend Ordinance No. 2883 by removing the requirement to construct a cul-de-sac at the end of Sain Street.
– Pass 8-0
Because the alignment of the planned extension does not follow the old right-of-way corridor (as mentioned above), the technical issue of the old right-of-way corridor not being legally abandoned needs to be corrected to facilitate new right-of-way acquisition and construction of the new project.
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0 until April 7.
April 7 Discussion:
There was no public comment.
Decision:
The council voted unanimously to approve the ordinance.
6. Amend Rules of Order and Procedure (Details)
A resolution to amend the rules of order and procedure of the Fayetteville City Council to limit public comments to three minutes each and recognize the statutory reading requirement for ordinances may be dispensed with a single motion to suspend or dispense with the rule.
– Tabled until June 2
This resolution was tabled at the March 3 meeting.
This idea was brought forward by Council Member Matthew Petty. He said meetings have become so long that some people end up having to return home for the night and never get to voice their opinion.
Aside from reducing public comment from 5 minutes to 3 minutes, the resolution also includes a mechanism that would allow the council to move through three ordinance readings with one vote instead of requiring three individual back-to-back-to-back motions, seconds, and votes to get through it all.
The Flyer tracks the adjournment times of all meetings in our council recaps. Here’s a graph of meeting durations over a nine-month period from May 2019 through January 2020.
March 3 Discussion:
Council Member Petty said he hopes people don’t think this is an effort to quash public comment. He said his reasoning is the opposite, and he was asked by constituents to consider anything that could reduce the length of meetings since they’ve begun to last so long that it’s difficult to get a word in before it’s time to go home to bed.
He said he also is concerned about the well-being and morale of the council and city staff who are present at the meetings and asked to make important decisions late into the night and early morning. He said the idea could also increase the efficiency of the meetings.
A possible amendment was proposed that would limit presentations by applicants to 10 minutes unless that time is extended by unanimous consent of the council. Additionally, it was suggested to include specific language allowing anyone from the public to receive extra time by unanimous consent or a majority vote.
Petty said it’s been suggested that council members also have a time limit on speaking. He said he’d support any of those ideas if the council agrees. He’s also open to sending the ordinance to a committee to be fine-tuned, or to table it tonight to allow more public consideration.
During public comment, one person said if the intent is to reduce meeting times, maybe the council should put a limit on the overall duration of the meetings instead of reducing individual speaker times.
Another person said suggested that reducing commenting time would ruin democracy in Fayetteville and said if City Council members don’t want to stay late at meetings they should resign.
Kinion said this idea bothers him a lot. He said reducing the time by two minutes is overly restrictive, and he particularly doesn’t like the idea to move through three readings with one motion. However, he said he would support sending the proposal to a committee for further development. “Five minutes is not that long,” he said. “And three minutes is nothing.”
Bunch said she expected more people to show up for this discussion. She said she’s reluctant to vote without hearing from more people.
Turk said maybe agenda items could be arranged differently based on whether they’re expected to draw large amounts of public comment. She questioned whether more items could be moved to the consent agenda if they aren’t thought to be very controversial. She also said she’d like the proposal to be held for another two weeks.
Gutierrez said she also wants to wait before voting on this proposal. She said her first reaction was that a three-minute limit is a good idea, but she’s still listening to public comment.
Marsh said she’s excited by the idea because she has also seen people leave meetings before they were able to speak. As for moving through three readings, she said she thinks that mechanism should only be allowed by unanimous consent of the council.
Smith said he’s hesitant to shorten the speaking time because it can sometimes be unnerving to stand in front the council and try to be concise in a short amount of time. However, he said four- and five-hour meetings have become more common so he’s keeping an open mind about the idea.
Kinion said the Planning Commission has a three-minute time limit, and he’s heard from people who are upset and feel restricted by that rule, and he’s concerned about bringing that kind of resentment onto the council.
Mayor Jordan said he has some concerns about limiting council member speaking time since they are representatives of the people, which could be seen as further restricting input.
Petty suggested the measure be sent to the Ordinance Review Committee for further development. The council agreed, and voted 6-1 to table for two meetings. Turk voted against after saying she would prefer the tabling only apply to one meeting so the council could hear this one more time before a committee takes up the issue. The discussion will continue on April 7.
April 7 Discussion:
City Council Member Matthew Petty requested to table the ordinance until the first meeting in June.
7. Enact Article X Pedal Carriages (Details)
An ordinance to enact Article X Pedal Carriages into Chapter 117: Vehicle-related Businesses.
– Left on the first reading
This item was tabled at the March 16 meeting.
City staff have proposed an ordinance to allow pedal carriage businesses to operate within a specific area in town.
The proposal states that pedal carriages would have to be operated by a driver at least 21 years of age who is an employee of a company that has obtained a Certificate of Public Convenience and Necessity and a Pedal Carriage Drivers Permit from the police department. The ordinance also requires the permit holder to carry at least $1 million in general liability insurance for bodily injury and property damage. The rules also include numerous safety parameters, including required enhanced braking systems.
Pedal carriages would not be allowed on sidewalks, trails or any closed streets.
Location:
The proposed area of operation is illustrated in the map below, and also includes two routes to allow pedal carriage operators to access other areas of interest outside the downtown zone.
Consumption of alcohol would only be allowed on the pedal carriages if the city eventually establishes its entertainment district. The topic was first discussed in 2019, but was tabled by the City Council in September to give staff more time to further fine tune the proposal.
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0 until April 7.
April 7 Discussion:
The applicant requested the item be tabled for two weeks. The council ultimately decided to leave it on the first reading.
8. 2020 Merit Staff Pay and Benefits Study (Details)
A resolution to approve the 2020 Merit Staff Pay and Benefits Study report prepared by the Johanson Group, and to adopt the 2020 Merit Staff Pay Plan structure.
– Tabled indefinitely
There was no discussion. The council tabled the resolution until April 7.
April 7 Discussion:
City Finance Director Paul Becker requested to table this item indefinitely due to financial uncertainty regarding city revenue at this time. Mayor Jordan said he expects to revisit this idea in three months.
9. 2020 Employee Compensation (Details)
A resolution to approve a budget adjustment in the amount of $1,322,000.00 to facilitate the city-wide 2020 employee compensation adjustment.
– Tabled indefinitely
There was no discussion. The council tabled the resolution until April 7.
April 7 Discussion:
Just like the item above, Paul Becker requested to table this item indefinitely due to financial uncertainty regarding city revenue at this time.
New Business
1. RZN 20-6984 (2160 N. Crossover Rd./Salmon-Klinger) (Details)
An ordinance to rezone that property described in rezoning petition RZN 20-6984 for approximately 2.25 acres located at 2160 N. Crossover Road from R-O, Residential Office to CS, Community Services and from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services General.
– Left on the first reading
The property is currently undeveloped and used periodically for firework sales and as a mobile vendor location. The applicant has indicated that the request is to encourage nonresidential development, including for drive-thru use. Both the Planning Commission and city staff recommend approval of the request.
Location:
Discussion:
There was no public comment. The items was left on the first reading.
2. RZN 20-6999 (3509 E. Huntsville Rd./Palmer) (Details)
An ordinance to rezone that property described in rezoning petition RZN 20-6999 for approximately 0.67 acres located at 3509 E. Huntsville Road from RSF-4, Residential Single Family, 4 units per acre and C-1, Neighborhood Commercial to RSF-4, Residential Single Family, 4 units per acre.
– Pass 8-0
The property contains one single-family home built in 1961. The applicant told city staff they were in the process of selling the property, but the sale was put on hold due to the split zoning on the subject property. Both the Planning Commission and city staff recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third and final reading, and approved it unanimously.
3. VAC 20-7002 (NW of Drake St. & Gregg Ave./Drake Farms) (Details)
An ordinance to approve VAC 20-7002 for property located northwest of Drake Street and Gregg Avenue to vacate about 1.21 acres of a general utility easement.
– Pass 8-0
The property is currently undeveloped and is most notable for its black walnut orchard near the railway right-of-way to the east. Both city staff and the Planning Commission recommend approval with the following conditions:
- Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer’s expense.
Location:
Discussion:
There was no discussion.
Decision:
The council advanced the ordinance to the third and final reading, and approved it unanimously.
4. Food Loops, LLC (Details)
A resolution to approve an agreement with Food Loops, LLC for the hauling of organic compostable and recyclable material in the City of Fayetteville.
– Pass 8-0
The council approved a hauling agreement with Food Loops in 2018. That contract has expired, so a new agreement is requested. The contract will permit Food Loops to haul all organic waste collected in the city to the Recycling and Trash Collection Facility for composting.
Discussion:
There was no public comment.
Decision:
The council approved the resolution unanimously.
5. Amend §111.30 Retail (Details)
An ordinance to amend §111.30 Retail in Chapter 111: Alcoholic Beverages of the City Code to provide for the issuance of permits that align with Arkansas Statutes and Alcoholic Beverage Control Administrative regulations.
– Pass 8-0
City Attorney Kit Williams said because the state has broadened the number and types of permits issued by the Alcoholic Beverage Control Division, it makes more sense for the city to add this new language to allow city staff to issue a permit that aligns with the state permit rather than constantly amended the city code to reflect each change the state makes.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third and final reading, and approved it unanimously.
6. Emery Sapp and Sons, Inc. (Details)
A resolution to authorize a contract with Emery Sapp and Sons, Inc. in the amount of $1,250,152.54 for construction of the Rupple Road extension from Tanyard Drive to Weir Road, to approve a project contingency in the amount of $187,500.00, and to approve a budget adjustment – 2019 Transportation Bond Program.
– Pass 8-0
This project would extend Rupple Road just north of Tanyard Drive where it currently ends to just south of the southern leg of Weir Road. The project also includes a 12-inch water main that will extend along the roadway improvements.
Location:
Discussion:
There was no public comment.
Decision:
The council voted unanimously to adopt the resolution.
7. Trailblazer’s Association, Inc. d/b/a NWA Trailblazers (Details)
A resolution to approve Amendment No. 1 to the contract with Bentonville/Bella Vista Trailblazer’s Association, Inc. d/b/a NWA Trailblazers in the amount of $674,281.00 for the construction of the start/finish area and other improvements within Centennial Park, and to approve a budget adjustment.
– Pass 8-0
This project is for construction of the start/finish area, the overflow parking areas along the start/finish area, a service drive, and associated stormwater improvements within Centennial Park. The park is scheduled to host the Cyclocross World Championships in 2022.
Location:
Discussion:
There was no public comment.
Decision:
The council approved the resolution unanimously.
8. Bid #20-36 Crossland Heavy Contractors (Details)
A resolution to award Bid #20-36 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount $3,144,343.60 for the construction of improvements to Centennial Park, to approve a project contingency in the amount of $314,434.00, and to approve a budget adjustment – 2019 Sales Tax Bond Project.
– Pass 8-0
This contract is for the city-sponsored work at Centennial Park. See the map in item #7 above showing infrastructure to be built by both the city and NWA Trailblazers for Phase I of the park.
Discussion:
Ted Jack from Parks & Recreation said the improvements on the park would allow the city to host the 2022 Cyclocross World Championships.
There was no public comment.
Decision:
The council approved the resolution unanimously.
Announcements
-The remaining bulky waste pickups scheduled for this spring will be rescheduled to June. Specifics on that will be announced at a later date.
Adjourned
The meeting was adjourned at 7:09 p.m.
