LIVE UPDATES: Fayetteville City Council recap: Oct. 20, 2020

File photo

On the agenda…

  • Rezoning 0.50 acres on Hendrix Street.
  • Allowing prosecutors to present evidence that a misdemeanor crime was hate-based.
  • Encouraging landlords to ensure the habitability and safety of rentals.
  • Rezoning 0.80 acres on Whillock Street.
  • Rezoning 0.58 acres on Hollywood Ave.
  • Rezoning 1.40 acres on Township Street.
  • Approving a permit for a cluster housing development on Crossover Road.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Oct. 20, 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 pandemic.

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


Agenda Additions

1. Advertising & Promotion Commission (Details)

A resolution to accept a proposal by the Fayetteville Advertising and Promotion Commission for a series of four outdoor events in the downtown area and provide funding in the amount of $20,000, and to approve a budget adjustment.
Pass 8-0

Background:
The A&P Commission has proposed to host four socially distanced outdoor events that utilize the new Outdoor Refreshment Area.

Staff said the goal is to provide safe opportunities for residents to enjoy the downtown area while also giving a much needed revenue boost to local businesses on slower days of the week during the pandemic.

The events will each take place in different areas, and will include heaters, tents and lighting, and will make use of sanitization practices required by the Department of Health.

Staff said they believe the funding is reimbursable through the city’s application for reimbursement with the CARES Act.

The preliminary plan calls for events on Thursday, Nov. 5; Tuesday, Nov. 17; Wednesday, Dec. 2; and Wednesday, Dec. 16.

The funding will also allow the Town Center to keep its restrooms open from November through Dec. 31 to alleviate the burden on local businesses that area often asked by residents to use their restrooms during Lights of the Ozarks.

Discussion:
Devin Howland, the city’s economic vitality director, said the idea for the event came about after the success of the micro street closure of Block Avenue in August.

Molly Rawn, CEO of Experience Fayetteville, said the Block Avenue event was indeed a success, but the project is still in the pilot phase and input from local businesses will help shape the events as the plan moves forward.

Council Member Bunch said it’s a great idea and thanked Council Member Petty for walking the item on. Petty said he appreciated the credit, but the proposal was entirely the idea of city and A&P staffers who have been working on ways to help local businesses since the pandemic began.

There was no public comment.

Decision:
The council voted unanimously 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 Sept. 29, 2020 Special City Council Meeting minutes and the Oct. 6, 2020 City Council Meeting minutes
Pass 8-0

2. Animal Services Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $22,238.00 representing donation revenue to Animal Services.
Pass 8-0

3. Bid #20-50 Paladino Painting Co., LLC (Details): A resolution to award Bid #20-50 and authorize a contract with Paladino Painting Company, LLC in the amount of $147,160.00 for construction related to the rehabilitation of four concrete clarifier troughs at the Noland Water Resource Recovery Facility.
Pass 8-0

4. Beaver Water District (Details): A resolution to approve a budget adjustment in the amount of $400,000.00 in the purchased water account due to increased water usage.
Pass 8-0

5. Bid #20-68 Food Loops, LLC (Details): A resolution to award bid #20-68 and authorize a contract with Food Loops, LLC for a term of one year with automatic renewals for up to four additional one-year terms to supply compostable cups for use in the Outdoor Refreshment Area in various sizes, quantities and amounts on an as needed basis.
Pass 8-0

6. Lake Fayetteville Boat & Bike Rental, LLC (Details): A resolution to approve the Lake Fayetteville Boat Dock Operator contract with Lake Fayetteville Boat & Bike Rental, LLC in the amount of $50,900.00 for services in 2021, with automatic renewals for up to four additional one-year terms.
Pass 8-0

7. Bid #20-58 Austin King, Inc. d/b/a King Electrical Contractors (Details): A resolution to award Bid #20-58 and authorize a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on-call basis for a term of one year with an automatic renewal for up to four additional one-year terms.
Pass 8-0

8. Bid #20-63 Bulk Crushed Rock Salt (Details): A resolution to award Bid #20-63 and authorize the purchase of bulk crushed rock salt from Kansas Salt, LLC for $80.00 per ton for materials picked up and $93.12 per ton for materials delivered as needed, and to authorize the use of Central Salt, LLC as a secondary supplier.
Pass 8-0

9. Convergint Technologies Network Conduit and Cabling (Details): A resolution to authorize a contract with Convergint Technologies for the purchase and installation of network conduit and cabling to connect City Hall to the Town Center in the amount of $50,996.50, pursuant to a Sourcewell cooperative purchasing contract, and to approve a project contingency in the amount of $5,000.00.
Pass 8-0

10. Convergint Technologies – Security Equipment, Systems, Services, and Supplies (Details): A resolution to authorize the purchase of facility security equipment, systems, services, and supplies from Convergint Technologies, pursuant to a Sourcewell cooperative purchasing contract, on an as-needed basis through June 30, 2021, and any future renewal periods.
Pass 8-0

11. Jordan Disposal, LLC (Details): A resolution to approve an agreement with Jordan Disposal, LLC for the hauling of solid waste in the City of Fayetteville.
Pass 8-0

12. Bid #20-69 Terra Firma Holdings, LLC d/b/a T.F. Thompson Co. Roofing (Details): A resolution to award Bid #20-69 and authorize a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co. Roofing & Waterproofing in the amount of $46,200.00 for replacement of the Garland Avenue Head Start building roof, and to approve a project contingency in the amount of $6,900.00.
Pass 8-0

13. Amend the 2019 Community Development Block Grant (CDBG) Action Plan (Details): A resolution to amend the 2019 Community Development Block Grant (CDBG) Action Plan to reflect Cares Act supplemental funding in the amount of $556,197.00, to authorize Mayor Jordan to execute the amendment when received, and to approve a budget adjustment.
Pass 8-0

14. Boston Mountain Solid Waste District (Details): A resolution to approve a contract with the Boston Mountain Solid Waste District for environmental education and outreach services in the amount of $60,935.00 for years 1 and 2 and $25,000.00 for years 3 through 5.
Pass 8-0

15. JAG Local Solicitation Award (Details): A resolution to authorize acceptance of a 2020 Justice Assistance Grant in the total amount of $49,439.00 which will be used to purchase law enforcement training and equipment for the Fayetteville Police Department and the Washington County Sheriff’s Office, and to approve a budget adjustment.
Pass 8-0

16. 2021 Selective Traffic Enforcement Program Grant (Details): A resolution to authorize acceptance of a 2021 Selective Traffic Enforcement Program grant in the amount of $99,400.00, and to approve a budget adjustment.
Pass 8-0


Unfinished Business

1. RZN-2020-000006 (1278 W. Hendrix St./Fugitt) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20-000006 located at 1278 W. Hendrix Street for approximately 0.50 acres from RSF-8, Residential Single Family, 8 units per acre to RSF-18, Residential Single Family, 18 units per acre.
Pass 5-3

Background:
This item was left on the first reading at the Oct. 6 meeting.

The property was rezoned from RSF-4 to RSF-8 in December 2019. A subsequent request sought to rezone the property to RI-U, Residential Intermediate-Urban in May 2020. That request was denied by the City Council. City staff agreed with the council’s decision and suggested the applicant now pursue rezoning the property to RSF-18, and the Planning Commission recently voted 8-1 to recommend approval. Commissioner Garlock was the dissenting vote, citing concerns with additional density at the location given the existing lack of improved vehicular and pedestrian infrastructure.

Location:

Oct. 6 Discussion:

There was no public comment. The council agreed to leave the item on the first reading.

The discussion will continue on Oct. 20.

Oct. 20 Discussion:
There was no public comment.

Marsh said local research from the University of Arkansas has shown that home prices in Fayetteville have stabilized, unlike other cities in Northwest Arkansas. She said researchers believe it’s specifically because the City Council has started to approve developments that promote density and smaller houses. She said she’s happy to support this proposal.

Kinion said he stands beside his previous votes against rezoning requests in the area and won’t support this one. Turk agreed, and said the street is too narrow and has too many drainage issues to support an increase in density.

Decision:
The council voted 5-3 to approve the request. Gutierrez, Kinion and Turk voted against.


2. Amend §130.01 Adoption of State Criminal Code (Details)

An ordinance to amend §130.01 Adoption of State Criminal Code of the Fayetteville Code to include a hate crime component within city prosecutions of certain state criminal misdemeanors.
Pass 7-0

Background:
This item was left on the first reading at the Oct. 6 meeting.

This ordinance would add a hate crime component to city prosecutions when someone commits a criminal act with the intention or purpose to hurt, intimidate or terrorize a victim because of their actual or perceived race, religion, gender, gender identity, national origin, sexual orientation or disability.

Oct 6 Discussion:

A handful of members of the public spoke about the ordinance. Sarah Moore, a resident who works in criminal justice said she’d like to see the city slow down on this ordinance. She said we over incarcerate, and giving prosecutors additional enhancements could make that problem worse. Moore said she’d like to see the council table the item to bring more stakeholders to the discussion.

Council Member Scroggin requested the Ordinance Review Committee take a look at the ordinance before moving forward. Bunch agreed.

Council Member Smith said he supports the intent of the ordinance, but has some concerns over how effective it could be.

Council Member Gutierrez said she’d like to see the ordinance held on the first reading. The council agreed.

The discussion will continue on Oct. 20.

Oct. 20 Discussion:
Turk said the city should do as much as it can locally to dissuade people from engaging in hateful behavior. She said Little Rock has passed a similar ordinance and Fayetteville should follow suit.

There was no public comment.

Decision:
The council advanced the ordinance to the third and final reading, then voted 7-0 to approve it (Bunch had to briefly leave the meeting before the vote).


New Business

1. Landlords in Fayetteville (Details)

A resolution to encourage all landlords in Fayetteville to ensure the habitability and safety of their rental properties, and to request that the mayor research potential changes to the city code to provide greater protections to tenants.
Pass 7-0

Background:
This resolution would encourage all landlords and rental property managers to ensure the habitability and safety of their rental properties including the structural integrity of those structures and working plumbing, mechanical, electrical, and fire protection systems.

It would also request that the mayor research potential changes to the city code to provide greater protections to tenants in the city that do not conflict with Arkansas law.

Discussion:
Scroggin said he’s wanted to bring something like this to the council for a while since about half of Fayetteville’s residents are renters. Turk agreed and thanked Scroggin for the proposal.

There was no public comment.

Smith said he recently spoke to the Board of Realtors, and he got the sense that they were not interested in any regulations regarding rentals. He said he told them that habitability standards aren’t just about aesthetics, but also about safety and housing values. He said he supports the proposal and looks forward to discussing more protections for renters in the future.

Gutierrez said she’s been a renter her entire adult life, and proposals like this would be helpful to renters.

Marsh said landlords should also be encouraged to keep their properties as energy efficient as possible to help keep renters’ utilities from skyrocketing in the summer and winter.

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


2. RZN-2020-005 (660 W. Whillock St./Mistretta) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20- 005 located at 660 W. Whillock Street for approximately 0.80 acres from RSF-4, Residential Single Family, 4 units per acre to RMF-12, Residential Multi Family, 12 units per acre.
Left on the first reading

Background:
The property includes a building that has been used variously as a rectory and a school, but is now a two-family dwelling. The land and most others along Whillock are significantly sloped, with Hilltop-Hillside Overlay District (HHOD) standards applying to the southeast corner of the subject property. In 2017, the property to the west where a church formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre. The applicant has said he would like to develop the property with six duplexes.

The Planning Commission is in favor of the request, but city planners recommend denial of the rezoning.

From a staff memo:

Staff finds the proposed rezoning to be consistent with the Future Land Use Map but not the goals outlined in City Plan 2040. Although properties designated as City Neighborhood Area are intended to be developed with the widest range of residential and nonresidential uses, staff asserts that the current proposal for the subject property is in direct contravention with encouragement of appropriate infill.

Location:

Discussion:
There was no public comment.

Several council members said they’d like to tour the area and revisit the request in two weeks. The discussion will continue on Nov. 5.


3. RZN 2020-008 (1038 S. Hollywood Ave./Phillips) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20- 008 located at 1038 S. Hollywood Ave. for approximately 0.58 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services.
Pass 7-0

Background:
The property contains two parcels, one with a single-family dwelling and the other is undeveloped. The applicant has not submitted an associated development proposal.

Both city planners and the Planning Commission recommend approval of the request.

Location:

Discussion:
There was no public comment.

Marsh said she’s excited about the request because the area needs some trail-oriented development.

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


4. RZN 2020-010: (257 E. Township St./ERC Holdings) (Details)

An ordinance to rezone that property described in rezoning petition RZN 20-010 located at 257 E. Township Street for approximately 1.40 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare.
Pass 8-0

Background:
Although previously developed with a car wash which was demolished in 2018, the property has served a series of temporary vendors since, including a portable storage building sales business approved for a conditional use permit in 2019. The only remaining permanent improvement to the property is concrete which covers almost the entire property. The applicant proposes to develop the property residentially and allow for mixed land uses.

Both city planners and the Planning Commission recommend approval of the request.

Location:

Discussion:
The applicant said the goal is to bring some residential use into the existing commercial area.

There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 8-0 to approve it (Bunch returned to the meeting).


5. VAC-2020-003 (SE of Razorback Rd. & 15th St./Titan RBR Properties) (Details)

An ordinance to approve VAC 20-003 for property located southeast of Razorback Road and 15th Street to vacate a portion of a water and sewer easement.
Pass 8-0

Background:
A large-scale development for 34 dwelling units was approved on the property by the Planning Commission in February 2020.

Both city planners and the Planning Commission recommend approval of the request with the following conditions of approval:

  1. Any damage or relocation of existing facilities will be at the applicant’s expense; and
  2. Dedication of utility easement along the path of the proposed, realigned water line to a minimum of 10 feet, up to a property line.

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 8-0 to approve it.


6. ADM 2020-006 (lots 21, 71, 74, 167, & 286 Park Meadows Sd./Park Meadows Sd) (Details)

A resolution pursuant to § 166.04(b)(2) of the Fayetteville Unified Development Code to approve the applicant’s request to not dedicate additional right of way for five lot splits in Park Meadows Subdivision Phases 1 and 2.
Pass 8-0

Background:
The properties are in south Fayetteville and are part of the Park Meadows subdivision, which spans from E. Huntsville Road to the north, Morningside Drive to the west, and E. 15th Street to the south. The preliminary plat of Park Meadows showing all planned phases of the subdivision was initially approved in 2016, and subsequently the final plats of Phases 1 and 2 were approved in 2018 and 2020, respectively. The applicant requests a reduction in right-of-way dedication with five associated lot splits for lots 21, 71, 74, 167, and 286, which were approved with the final plats of Phases 1 and 2 of the subdivision.

Both city planners and the Planning Commission recommend approval of the request.

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third reading, and voted 8-0 to approve it.


7. CUP 2020-003 Cluster Housing Appeal (Details)

A resolution to grant the appeal of Council Members Sarah Bunch, Mark Kinion and Teresa Turk and deny a Conditional Use Permit CUP 2020-003 for a cluster housing development and limited business with associated parking at 1629 N. Crossover Road.
Tabled 8-0

Background:
A permit was approved by the Planning Commission in September to allow a cluster housing development of 10 single-family dwellings, renovation and repurposing of the historic Peter Smyth House for nonresidential use, and construction of a new nonresidential building. That approval is now being appealed on behalf of nearby residents who oppose the property owner’s plan.

The residents have said they are concerned about traffic safety, increased density in the area, potential impact of a nearby pond, possible trespassers from the new development, along with the potential for noise and light pollution stemming from the property if it’s developed as planned.

City planners maintain their original opinion, which is that the permit should be granted.

Location:

Discussion:
A representative of the applicant said they met with the nearby Boardwalk POA in 2018 with a proposal for a mixed-use development that would also include a new location for a local pizza restaurant, but the neighbors did not like the idea of a development in the area. He said they’ve since tried to come up with a plan that everyone supports, and have received approval from the Planning Commission, but city documents indicate that the opposition has obtained 101 signatures of people who are against the permit.

During public comment, seven people spoke against the permit. Their concerns are about traffic safety, possible lowering of property value, increased density, water runoff that could impact a nearby pond, as well as potential for noise and light pollution. Some said they don’t think emergency vehicles could navigate the type of development that the permit would allow.

Fire Chief Brad Hardin was asked if he had any problems with the permit, and he said there were no issues.

City staff said they still recommend approval of the permit. They said sizes of both the residential dwellings and the proposed nonresidential uses are of a bulk and scale that compliments the immediately surrounding area.

Scroggin said he’d like some more information about the potential impact of added traffic, and suggested the item be tabled tonight. Turk agreed.

Marsh said traffic is difficult in the area, but that’s because everyone is driving everywhere instead of walking to nearby places. Adding some commercial properties near residential areas is a way to address that problem, she said.

Bunch said she sponsored the appeal at the request of neighbors who are against the development. She said there are some things that are appropriate about the development, including the proposed smaller size of the homes and some dense uses nearby which would complement the proposal. However, she said the traffic issues are a concern. “I do not think this is a safe area to add more density to,” said Bunch. She suggested a site visit to get some more perspective. Turk agreed.

Bunch moved to table the resolution until the next meeting on Nov. 5. The council agreed and voted 8-0 to table the item.


Adjourned

This meeting was adjourned at 8:31 p.m.