LIVE UPDATES: Fayetteville City Council recap: June 4, 2020

File photo

On the agenda…

  • Regulating single-use disposable bags
  • Changes to the Council’s rules of order and procedure.
  • Extending noise regulations to all vehicle-related businesses and trail users.
  • Annexing and rezoning 152 acres north of Mount Comfort Road.
  • Rezoning 12.1 acres on Genevieve Avenue.
  • Rezoning 0.81 acres south of Frontage Road.
  • Rezoning 4.84 acres on Old Farmington Road.
  • Adding and removing to railroad crossings.
  • Approving a design of an extension of Rolling Hills Drive to the west.
  • Designating boundaries and a phasing plan for outdoor consumption of alcohol.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Thursday, June 4, 2020. It is lived streamed on the city’s YouTube channel, and 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.


Roll Call

Present: Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith
Absent: None

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – Paul Becker

Notes: Becker gave a financial report for the month of April 2020, for collections made during the month of March.

Sales tax collections for the month were actually up a quarter percent over last year, Becker said. The increase likely came from an increase in retail activity as people stocked up for the pandemic.

Parking funds were down by 25%, however, and HMR taxes are down about 33%.

Water and sewer collections are up a bit as well, he said. Becker said he expects revenues to lower in May (for April collections), though he said the city is in a good position in terms of its reserves.


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 May 19, 2020 regular meeting minutes.
Pass 8-0

2. Northwest Arkansas Razorback Greenway Alliance (Details): A resolution authorizing membership and participation in the Northwest Arkansas Razorback Greenway Alliance.
Pass 8-0

3. Bid No. 15-57 King Electrical Contractors, Inc. (Details): A resolution to approve a proposal from King Electrical Contractors, Inc. in the amount of $67,319.00, pursuant to Bid No. 15-57, for the installation of trail lights along the Niokaska Creek Trail from Crossover Road to Gulley Park, and to approve a project contingency in the amount of $7,681.00.
Pass 8-0

4. Northwest Arkansas Regional Planning Commission (Details): A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal-aid Transportation Alternatives Program funds in an amount up to $470,000.00 to construct a wider shared-use paved trail and greenspace along the Arkansas Department of Transportation project to improve Highway 112 from Truckers Drive to Howard Nickell Road.
Pass 8-0

5. TLG Peterbilt (Details): A resolution to authorize the purchase of three Peterbilt side arm trash trucks from TLG Peterbilt of Fort Smith, Arkansas for the total amount of $947,865.00, pursuant to a Sourcewell cooperative purchasing contract.
Pass 8-0

6. Springdale Tractor (Details): A resolution to authorize the purchase of a Kubota mower from Springdale Tractor in the amount of $13,329.22, pursuant to a Sourcewell cooperative purchasing contract, for use by the Airport, and to approve a budget adjustment.
Pass 8-0

7. Special Needs Assistance Program Grant Agreements (Details): A resolution to approve the renewal of three Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $238,765.00 for the City to administer programs to assist homeless Fayetteville residents.
Pass 8-0

8. Froud Farms Hay Lease (Details): A resolution to award Bid # 20-38 and authorize a five-year hay field lease with Froud Farms for about 54.5 acres at Lake Fayetteville, Madison Natural Area, Bayyari Park, Rodney Ryan Park, and Combs Park for the amount of $150.00 per year, and to authorize mowing at other park properties as needed for the amount of $2.00 per bale.
Pass 8-0

9. Watershed Conservation Resource Center Task Order No. 3 – 2019 Drainage Bond Project (Details): A resolution to approve Task Oorder No. 3 with the Watershed Conservation Resource Center in the amount of $269,500.00 for a stream restoration project on Tanglewood Branch in the Cultural Arts Corridor, and to approve a project contingency in the amount of $26,950.00 – 2019 Drainage Bond Project.
Pass 8-0

10. RFQ # 20-01 Garver, LLC Kessler Mountain Ground Storage Tank Site (Details): A resolution to approve a professional engineering services agreement with Garver, LLC, in an amount not to exceed $311,600.00, pursuant to RFQ # 20-01, Selection 12, for design and bidding phase services for a booster pumping station at the Kessler Mountain Ground Storage Tank Site.
Pass 8-0

11. Black & Veatch, Corporation (Details): A resolution to approve a professional engineering services agreement with Black and Veatch corporation in an amount not to exceed $107,592.00 for analysis and design of potable water pressure management solutions for the greater Clabber Creek Area.
Pass 8-0


Unfinished Business

1. Enact §114.20 Regulation of Single-Use Disposable Bags (Details)

An ordinance to enact §114.20 regulation of Regulation of Single-Use Disposable Bags Provided By Large Food Stores.

Tabled*

Background:
This item was tabled at the April 7 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.

June 4 Discussion:
Turk said before the meeting she plans to request that this item be tabled again to a later date when the meeting agenda isn’t as long and the pandemic has receded to allow more public comment.

At the meeting, Turk officially requested to table this issue indefinitely, and the council voted unanimously to do so.


2. 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 the first meeting in July.

Background:
This resolution was tabled at the April 7 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.

June 4 Discussion:
Council Member Kyle Smith said before the meeting that the Ordinance Review Committee met three times and has recommended an amendment to the original ordinance. He said to ensure everyone has time to digest the recommendation, he hopes to table this item for two weeks.

At the meeting, Smith presented the amended version to the council. The amendments included required sign ups for people who’d like to speak, limits on presentations by applications/staff to 10 minutes, no comments on amendments unless approved by the council, and a 3 minute limit on speakers unless approved by majority vote by the council.

Council member Turk requested an amendment to remove the sign up requirement, saying that other public meetings that require sign ups that can be difficult, and citing concerns over speakers that arrive late, etc.

Council member Petty, who worked on the ordinance review committee on this issue, said the intent of the sign up sheet is not to restrict people from commenting, but rather to predict how many speakers might be interested in speaking on a given topic. He said the council could let late arrivers or folks who decided to speak spontaneously about an issue to do so.

Smith said the sign up sheet could have other benefits, including helping speakers get cued up to speak. Smith and Petty both requested the amendment stay as written without Turk’s requested change for two weeks until they council could provide some additional information.

The council voted on Turk’s amendment to the amendment to remove the sign up sheet from the requirement, and the amendment on the amendment failed 2-6 with only Turk and Kinion voting to remove the sign up sheet requirement.

Smith’s amendments were adopted, but the resolution was tabled for two weeks as expected.


3. Reconsider Amend § 96.02 Unreasonable or Excessive Noise Prohibited (Details)

An ordinance to amend § 96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to extend the city’s noise regulations to all vehicle-related businesses.

Pass 8-0

Background:
This item was first brought forward as a means to apply vehicle noise regulations to all vehicle-related businesses including the newly approved pedal carriage business types. The law prohibits the use of sound amplification from within a vehicle that is plainly audible at a distance of 30 feet or more.

During the discussion, Council Member Sarah Marsh said she would like to include bicycles on the city trails because she’s noticed people with very loud amplifiers on their bikes on the trails recently, some playing loud music and others who were using amplifiers to preach. The council agreed and amended the ordinance as such, then passed the ordinance at the May 5 meeting.

Two weeks later Council Member Sonia Gutierrez said everyone using the trails should be included, not just bicycles since a person walking or jogging could also be carrying an amplifier and/or p.a. system. The council agreed, and voted to reconsider the ordinance at the May 19 meeting.

The item is back in front of the council with the following proposed changes:

  1. The title is changed to reflect the new definition of “Sound amplification device” and the regulation of sound amplification device usage on trails;
  2. The three original Whereas clauses have been retained, and a fourth Whereas clause for the sound amplification device regulation on trails’ rationale has been added;
  3. Section 1 is the new definition of “sound amplification device” which was needed as that term is also found in other parts of this chapter;
  4. Section 2 is the original proposal before it was modified to include bikes; and
  5. Section 3 prohibits every person, whether or not riding a bike, skateboard, scooter, etc., walking, running, sitting or standing from operating a sound amplification device on a city trail if “the sound is plainly audible at a distance of 30 feet or more from the sound amplification device.”

June 4 Discussion:
Council member Teresa Turk said in light of recent issues, she has concerns about the ordinance unintentionally restricting demonstrations like the peaceful protest like the one on Tuesday night in Fayetteville that could one day happen on the trail system.

Council member Kinion said he didn’t want anyone to use an ordinance like this to target someone else. He said the city has other ways to control a potential nuisance if problems occur.

Council member Gutierrez said her understanding is that that city sound ordinances don’t apply to the trail system

Council member Marsh said a campaign on trail etiquette could solve some of the issues currently being experienced. City attorney Williams said that laws about disorderly conduct, however, do provide some protections against nuisances.

Council member Turk requested amending the ordinance back to the form as it was presented originally by city staff (that didn’t include bicycles, and the reference to the trails.)

The amendment to return the ordinance to its original form passed unanimously.

The ordinance was then passed unanimously.


4. Appeal – ANX 20-6995 (Hughmount Road north of Mount Comfort Road/Hughmount Annex) (Details)

An ordinance to approve annexation petition ANX 20-6995 and annex 152.00 acres located along Hughmount Road north of Mount Comfort Road.
Pass 7-1

Background:
This item was left on the first reading at the May 19 meeting.

The property is northwest of Fayetteville in unincorporated Washington County. It includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort roads. Although significant areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision.

In 2012, the City Council approved the extension of Fayetteville’s sewerage system to the Hughmount Village subdivision. Subsequently, in 2013 the council approved amending the previous agreement to ensure the property’s development was in line with the most current requirements including tree preservation, drainage, building permitting, and other associated fees and dedications. A clause within the resolution required developers or owners to seek annexation when legally possible. Annexation was not legal in 2013 due to the lack of contiguous boundaries between Hughmount Village and incorporated Fayetteville. Staff said evaluation indicates that development requirements have been met.

City planning staff are in favor of the request excluding Hughmount North, but the Planning Commission voted 7-1 to deny the application, so the applicant has appealed that decision to the City Council.

Location:

May 19 Discussion:
Both city staff and the applicant said they would like the item to be left on the first reading tonight to allow more time for consideration.

A resident in the Hughmount subdivision said he’s in favor of his neighborhood being annexed into the city, but he’s against the proposed RSF-8 rezoning for a portion of the property since the area, he said, doesn’t have proper infrastructure to handle an increase in density. A second speaker agreed.

Petty said he’s interested to know what type of infrastructure would be required and what the maintenance costs would be if this property is annexed. He said the city must have a full and complete picture of the costs involved with annexing any land. Staff said they are compiling and calculating those costs and will share them with the council in two weeks.

The mayor said he’d also like to see this item held before a final vote is taken.

The council agreed. The discussion will continue on June 2.

June 4 Discussion:

Attorney Robert Rhodes, who represented the applicant, said the council agreed to provide sewer for the development, and as part of that agreement, the council at the time asked that the requirement to annex the land be put in the deeds and covenants for the development.

He argued that the residents of the neighborhood bought their homes with the assumption that all of the development would be developed to city standards. He also listed some expenses the developer has incurred at the developers request, include a road-widening project, and others.

Kinion said he has concern around the drainage on the property, among others, and said he things the developments will be developed eventually anyway. He said he thinks he will recommend annexing the property to ensure the drainage and other issues are managed to city standards.

Turk said that the documents that indicated that previous councils had intent to eventually annex the property makes it important to follow through. She said that the city’s stricter environmental standards on issues like septic than what you find in the surrounding county make her likely to support the annexation request.

Petty said he has concerns about costs associated with the annexation, and said that surely the city wouldn’t annex any county property simply because the city’s environmental standards are higher.

The council advanced the ordinance to the third and final reading, and the ordinance passed 7-1 with only Petty voting no.


5. Appeal – RZN 20-6996 (Hughmount Road north of Mount Comfort Road/Hughmount Rezone) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20-6996 for approximately 152.00 acres located at Hughmount Road north of Mount Comfort Road to R-A, Residential Agricultural; RSF-1, Residential Single Family, 1 unit per acre; RSF-8, Residential Single Family, 8 units per acre; NC, Neighborhood Conservation; and NS-G, Neighborhood Services-General.

Tabled until the first meeting in July.

Background:
This item was left on the first reading at the May 19 meeting.

This item is related to the previous annexation request, and is the preferred zoning district of the property if the council approves the annexation.

Like the item above, city planning staff are in favor of the request, but the Planning Commission is not, so the applicant has appealed the commission’s decision to the City Council.

Location:

May 19 Discussion:
This item is tied to the previous annexation, so the council agreed to leave it on the first reading as well. The discussion will continue on June 2.

June 2 Discussion:
The council advanced the ordinance to the third and final reading.

Turk made a motion to change the portion of the property designated to be rezoned RSF-8 to RSF-4. After the applicant said they would provide a bill of assurance not to develop that property on more than 6 units per acre. Turk then withdrew her motion.

The council voted 5-3 to table the rezoning until the first meeting in July to allow the applicant to prepare that bill of assurance, with Scroggin, Smith, and Marsh voting no.


6. Appeal – RZN 20-7067: (523 N. Genevieve Ave./Dillaha) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20-7067 for approximately 12.14 acres located at 523 N. Genevieve Ave. from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre.

Pass 5-3

Background:
This item was left on the first reading at the May 19 meeting.

The property currently has one single-family dwelling which was built in 1980. Though recently primarily agricultural, the surrounding land is developing and establishing itself as a residential single-family neighborhood through several subdivisions, including the Creekview Subdivision to the west and the Legacy Pointe Subdivision to the south.

City staff said because the request is from one residential single-family zoning district to another residential single-family zoning district, it does not introduce any new or incompatible uses other than what is currently permitted by-right. Given the surroundings, staff said they believe the proposed rezoning is generally compatible with adjacent land uses, though they recognize it will increase density, and that appropriate infrastructure improvements will need to be made at the time of development.

City staff are in favor of the request, but the Planning Commission voted unanimously to reject the rezoning. Staff said the Planning Commission felt this idea would lead to “dense sprawl” and would put people beyond where established services are located, but staff are still in favor because residential developments always precede commercial developments.

Location:

May 19 Discussion:
Petty asked city staff how effective they think this project would be at generating a new commercial center. Staff said this one project wouldn’t immediately trigger commercial development, but said there are many houses being built in this area and together they could lead to more commercial demand.

Smith said he’d like to leave the item on the first reading. The council agreed. The discussion will continue on June 2.

June 4 Discussion:
The council advanced the ordinance to the third and final reading, and the ordinance passed 5-3 with Scroggin, Turk and Kinion voting against.


New Business

1. Arkansas and Missouri Railroad Shiloh Drive and Gregg Avenue – 2019 Transportation Bond Project (Details)

An ordinance to waive competitive bidding and authorize a new railroad crossing cost and maintenance agreement and an easement agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, to approve a project contingency in the amount of $32,892.43, and to approve a budget adjustment for the estimated total project cost of $750,000.00 – 2019 Transportation Bond Project

Tabled 8-0 indefinitely

Background:
This project will allow Shiloh Drive to extend west into a 130-acre area of undeveloped property south of Van Asche Drive. The owner of the property told city staff they’d like to open up the area for future development. The city’s Master Street Plan includes this extension, and city staff said they believe it will be a worthwhile investment.

The partnership with the railroad includes that the city agrees to close the crossing at University Avenue, which means vehicles won’t be able to drive across the tracks along the street. In other words, the street will dead end in either direction and vehicles will need to take an alternate route. City staff said the street sees little use as it is, so they’re willing to give up the crossing. A turnaround will be constructed on University to allow emergency vehicles a way to turn around if they need to access the end of the street.

Funding will come from the 2019 Transportation Bond Program.

Location:

Discussion:

Engineer Chris Brown said per the recommendation of the Transportation Committee, staff are recommending tabling the issue to look for an alternative to closing University Avenue. The council voted unanimously to do so.


2. Arkansas and Missouri Railroad Futrall Drive and Gregg Avenue – 2019 Transportation Bond Project (Details)

An ordinance to waive competitive bidding and authorize a new railroad crossing cost and maintenance agreement and an easement agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, to approve a project contingency in the amount of $28,344.86, and to approve a budget adjustment for the estimated total project cost of $750,000.00 – 2019 Transportation Bond Project.

Tabled 8-0 indefinitely

Background:
This project is similar to the previous item, in that it will extend access into the undeveloped property west of Gregg Avenue. This extension is also on the city’s Master Street Plan.

The partnership with the railroad also includes the closing of another crossing in town. The proposal calls for closing the crossing south of Township Street. Staff said it’s another low-use crossing that provides a second option for accessing Ridout Lumber and Arkansas Self Storage, but both businesses could still be accessed from the improved railroad crossing to the north at Township Street.

Funding will come from the 2019 Transportation Bond Program.

Location:

Discussion:
Engineer Chris Brown said per the recommendation of the Transportation Committee, staff is recommending also tabling this item to keep it as a package deal with the above item, and to allow more time to explore options.

3. RFQ # 20-01, Garver, LLC Rolling Hills Drive and Plainview Avenue – Transportation Bond Project (Details)

A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $402,650.00, pursuant to RFQ # 20-01, Selection 4, for the design of the Appleby Road, Rolling Hills Drive, and Plainview Avenue connection project, to authorize the mayor to acquire the easements and right-of-way necessary for the project, and to approve a budget adjustment – 2019 Transportation Bond Project.

Pass 8-0

Background:
This project will better connect Rolling Hills Drive to Appleby Road and Plainview Avenue by extending Rolling Hills into Fiesta Square where a roundabout will be constructed that allows traffic to exit either west into the shopping center, south toward a connection with Appleby Road, or north toward a connection with Plainview Avenue (see map below).

Aside from providing access to Appleby which runs west to Gregg Avenue, drivers could also use Plainview Avenue to access the College Marketplace shopping center which is anchored by Whole Foods, or continue north to Millsap Road. A future extension of Longview Street would provide more access to Wimberly Drive at the North Hills Medical Park.

Funding will come from the 2019 Transportation Bond Program.

Location:

Discussion:
Engineer Chris Brown said this project came out of the 71B corridor study. He said the owner of the shopping center is a large stakeholder, and the other land owners were part of the design process, so they are aware of the project.

There was no public comment.

The council passed the resolution unanimously.


4. RFQ # 20-01 Garver, LLC Archibald Yell Blvd. Transportation Bond Project (Details)

A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $238,920.00, pursuant to RFQ # 20-01, Selection 5, for the design of the Archibald Yell Boulevard Improvements Project, to authorize the mayor to acquire the easements and right-of-way necessary for the project, and to approve a budget adjustment – 2019 Transportation Bond Project.

Pass 8-0

Background:
This project was envisioned as part of the 71B Corridor Plan in an effort to make Archibald Yell Boulevard safer, not just for vehicles, but also for pedestrians. Slowing traffic along this stretch, city staff said, would reduce the barriers for pedestrians who currently don’t feel safe crossing the road to get from the neighborhoods south of Archibald Yell to the downtown, arts corridor, and library areas.

The initial plan is to reduce the street from four lanes to three lanes with temporary striping and then to study traffic to see if that concept actually works. The design will also include a traffic signal at South Street and intersection changes at Rock Street. If the three-lane idea works, the striping could be replaced with permanent three-lane infrastructure adjustments.

Location:

Discussion:
Engineer Chris Brown said the city will have a Speak Up page seeking public input as this project goes through the final design process. He said he plans to have a robust public participation process for the project.

The council passed the resolution unanimously.


5. Bid #20-30 Midland Industrial Services, LLC (Details)

A resolution to award Bid #20-30 and authorize a contract with Midland Industrial Services, LLC in the amount $1,036,491.85 for the construction of critical electrical upgrades at the Noland Water Resource Recover Facility.

Pass 8-0

Background:
City staff said the electrical systems and components at the Noland Water Resource Recover Facility are aging, do not meet modern safety codes, and need frequent repair. A comprehensive design of necessary upgrades was completed by Allgeier, Martin and Associates, Inc. and the repair project will be constructed in two phases. This phase includes the higher-voltage components. Funds were budgeted and are available for this project in the Waste Water Treatment Plant Building Improvements account within the Water and Sewer fund.

Discussion:
The council approved the resolution unanimously.


6. JCI Industries, Inc. (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $76,056.00 plus applicable taxes and freight charges from JCI Industries, Inc. for the repair of three effluent pumps.
Pass 8-0

Background:
These pumps are at the Noland and West Side Water Resource Recovery facilities.

Several of their components have been inspected and include one or more of the following issues: broken head shafts, cracked suction bell bushings, extensive corrosion, clearance issues, wear at the bushing journals, and erosion on the impeller collets.

This item would provide for the repair of those pump components.

Discussion:
The council advanced the ordinance to the third and final reading, and passed it unanimously.


7. Placeholder Item – In-place Machining Company (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $56,000.00 plus applicable taxes from (in-place machining company) for an emergency repair to the rotor shaft on the thermal dryer at the Biosolids Management Site, and to approve a project contingency in the amount of $8,400.00.

Pass 8-0

Background:
Staff said an emergency repair is needed to the rotor shaft on the Biosolids Management Site thermal dryer. The cost to the city for each day that the dryer is inoperable, staff said, is about $3,000 per day.

Discussion:
The council advanced the ordinance to the third and final reading, and passed it unanimously.


8. Markham Hospitality Owner, LLC Access Easement (Details)

A resolution to approve the conveyance of a permanent access easement to Markham Hospitality Owner, LLC and Markham Residential Owner, LLC across real property owned by the City of Fayetteville.

Tabled indefinitely.

Background:
Earlier this year Specialized Real Estate received approval to build 26 single-family lots along Markham Road, Cross Avenue, and Sang Avenue. The seven lots fronting Sang Avenue were approved with a rear alley that connects Markham Road to the north and Sang Street to the south by way of city property.

The approval was conditioned on garnering City Council approval of an access easement through the city property.

Location:

Discussion:
The applicant requested to table the issue until the council is meeting in its chambers to allow residents to speak on the issue. The council voted unanimously to do so.

9. RZN 20-7074 (4210 N. Frontage Road/Lindsey) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20-7074 for approximately 0.81 acres located south of 4210 N. Frontage Road from C-2, Thoroughfare Commercial to CS, Community Services.

Pass 8-0

Background:
The property is about one-fifth of a mile northeast of the intersection of College Avenue and Joyce Boulevard. It includes two undeveloped parcels, with the southernmost including an access drive to a 6.4-acre property to the east. The applicant has not shared specific development plans other than to say that approval of this request will allow for a “logical and coherent” development in association with the property to the east that is currently zoned CS.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
The council advanced the ordinance to the third and final reading, and passed it unanimously

10. RZN 20-7076 (3010 W. Old Farmington Road/Stricklin) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20-7076 for approximately 4.84 acres located at 3010 W. Old Farmington Road from RSF-8, Residential Single Family, 8 units per acre to NC, Neighborhood Conservation.

Left on the third reading

Background:

The property is on the north side of Old Farmington Road’s intersection with One Mile Road. In 2015, the City Council approved a rezoning request on the property from R-A, Residential-Agricultural, to RSF-8, Residential Single-family, 8 Units per Acre. More recently, in 2019 the Planning Commission approved a Conditional Use Permit (CUP 19-6812) on the property for the development of two linked cluster housing developments. Where the property was previously developed with one single-family dwelling, that has been demolished and two new single-family dwellings of approximately 600-square feet are being built. Overall, the property is heavily wooded and slopes upward to the north, rising almost 100 feet from Old Farmington to the northern property line. Roughly the northern third of the property falls within the Hillside-Hilltop Overlay District.

The applicant said “upon detailed site design in association with CUP 19-6812, the need for a street-fronting build-to zone was identified.”

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
Kinion requested holding the zoning on the third reading, and the council agreed to do so.


11. Designate An Entertainment District (Details)

An ordinance to establish boundaries for an entertainment district in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places.

Pass 7-1

Background:
In August 2019, an entertainment district ordinance was proposed, but after hearing concerns from businesses, staff ultimately requested that the ordinance be tabled indefinitely to allow more time to work with downtown stakeholders on revisions.

Staff said they have since conducted more research, including exploring best practices from communities across the country. They also met with the business community and other anchor institutions such as the Fayetteville Public Library, TheatreSquared and the Walton Arts Center.

The Transportation Committee recommends approval of the ordinance with three amendments:

  1. Amendment 1: Loosening of any restrictions to the limited open container consumption days of the week rather than only Sunday-Wednesday.
  2. Amendment 2: Allowing parking lots, private parking lots, and right of way components such as parallel parking and travel lanes to be used as sidewalk café space or auxiliary parking when vehicular traffic patterns have been amended temporarily or otherwise.
  3. Amendment 3: Include an emergency clause which would enable the ordinance to become law immediately after City Council passage.

Establishing boundaries must occur before any actual outdoor alcohol consumption rules are adopted. The phasing plan for the rules is in the next item of business.

Boundaries:

Discussion:
Devin Howland, the city’s director of economic vitality, gave a brief presentation of the proposal.

Howland said staff had originally hoped to bring this to the council in March, but the pandemic changed those plans and the work.

He said he presented the plan to the Dickson Street Merchants in mid-May.

Howland said during the process of working on the ordinance, staff found that plans like these were more common around the country than he imagined.

He said the “Speak Up” feedback the city has solicited from residents so far has been positive.

Howland said the ordinance as it is written contains a sunset clause of January 2021.

Of the businesses he talked to, he said, a handful are ready to move quickly implementing components of the ordinance, and some would likely take a wait-and-see approach.

Petty said he’d like to see the ordinance expanded to allow more of the city to take advantage of these new options.

Bunch agreed. She said she thinks there are areas in Ward 3 that are “primed for this.”

Marsh also agreed, and mentioned areas of Ward 1 in south Fayetteville that could benefit from expanding the ordinance to a larger area.

Gutierrez also said she’d like to see more of the city included in the ordinance.

Marsh requested an amendment to add an emergency clause to the ordinance to allow it to go into effect immediately.

Turk requested to hold the ordinance to allow for more public comment, and Kinion agreed.

Smith said the city doesn’t have time to wait.

Local resident Bo Counts, who owns Pinpoint on Block Avenue, said the ordinance has been around and discussed for seven months, and said that waiting 30 days to address this could be devastating to his and other businesses.

Rob Qualls, another local resident, said he’d also like to see the ordinance passed tonight with the emergency clause.

After hearing from Counts, Kinion said he is convinced to move forward with the emergency clause, which passed with Turk voting no.

The council advanced the ordinance to the third and final reading, and passed it 7-1 with Turk voting no.


12. Fayetteville’s First Outdoor Refreshment Area (Details)

A resolution to adopt a phasing plan for Fayetteville’s first Outdoor Refreshment Area.

Pass 8-0

Background:
This is the proposed phasing plan for the Outdoor Refreshment Area (outdoor consumption of alcohol) within certain boundaries in Fayetteville (see map above).

Staff said a phasing plan has been developed to prove concept and explore various aspects of what the new state law allows Fayetteville to do as it relates to public consumption. Following the outbreak of COVID-19, and the need for prolonged social distancing for the health of our community, and restaurant and accommodation professionals, the phasing plan was altered to adapt to the pandemic. The phasing plan paces the rollout of various aspects of the Outdoor Refreshment Area.

Phasing Plan:

Discussion:
Walton Arts Center President Peter Lane sent an email to city staff and council members on June 3 asking them to reconsider the Transportation Committee’s recommendation that the initial test run of the program include all seven days of the week. Instead, he said the test run should only allow outdoor public alcohol consumption Sunday through Thursday.

“We have great concern with regard to how the implementation of this proposal will impact the public perception of Dickson Street; specifically how it will affect the perception of some of Walton Arts Center’s most coveted patron demographics including families with small children and seniors,” Lane wrote (read his full email here).

Lane also asked for a plan to manage and control potential littering and loitering.

“Having planters and gardens full of used compostable cups and groups of patrons from surrounding businesses gathering on our front steps to sit and drink create certain aesthetic and safety challenges for us that we ask you give serious consideration and would appreciate your assistance in having a plan to manage these issues moving forward that does not rely solely on WAC facilities and security teams to bear the brunt of enforcement,” he wrote. “Whether WAC chooses to participate in the program or not, the consequences of the program will literally come to our front door.”

There was no discussion of this from the council or public on this. The council voted 8-0 to pass the resolution.


13. City Parks Contributions (Details)

A resolution to request Mayor Jordan have his staff prepare a request for proposals to select a professional fund raising company to secure contributions for our city parks.

Pass 8-0

Background:
This item was proposed by Council Member Matthew Petty after the mayor suggested naming the baseball complex at Kessler Mountain Regional Park the Chambers Baseball Complex.

Petty voted in favor of that proposal, but said the city should have a more comprehensive fundraising strategy in place when it comes to raising money for city parks and programs.

This is a resolution of intent to kick off that process. It doesn’t stipulate any specifics on how the strategy should be designed or implemented.

Discussion:
The resolution was amended to become a resolution of intent. The amended resolution was passed unanimously.


Announcements

– Mayor Jordan thanked attendees and police who attended the peaceful protest event on the square for amplifying an important message.
– Jordan also gave an update on COVID-19 cases in the state, including info the recent uptick in NWA / Washington County. Jordan pleaded with locals to wear face coverings and wash their hands to try and reduce the spread of the virus.


Adjourned

The meeting was adjourned at 10:41 p.m.