LIVE UPDATES: Fayetteville City Council recap: June 15, 2021

Fayetteville Government Channel

QUICK POST-MEETING SUMMARY:

The Fayetteville City Council on Tuesday…

  • Approved changes to the city’s drainage standards.
  • Rezoned 0.2 acres on East Martin Luther King Jr. Boulevard.
  • Rezoned 22.8 acres on Bulldog Boulevard.
  • Authorized staff to sign for the city’s pandemic relief funds.
  • Held on the first reading a 5.1-acre rezoning on West Wedington Drive.

On the agenda…

  • Changes to the city’s drainage standards.
  • Allowing the fire department to contract with a software company for data compilation.
  • Rezoning 0.2 acres on East Martin Luther King Jr. Boulevard.
  • Rezoning 22.8 acres on Bulldog Boulevard.
  • Rezoning 5.1 acres on West Wedington Drive.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, June 15, 2021. It is lived streamed on the city’s YouTube channel, and held at City Hall in Room 219, or virtually on the Zoom app.

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, D’Andre Jones, Mark Kinion, Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: Matthew Petty

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report (Details)

Pass 7-0

The Mayor recommends the following candidates:

HISTORIC DISTRICT COMMISSION
Mark Harper – One term ending 06/30/24
Alexandria Lee – One term ending 06/30/24
Vacant – One term ending 06/30/24
Vacant – One unexpired term ending 06/30/23

The Nominating Committee recommends the following candidates:

ANIMAL SERVICES ADVISORY COMMITTEE
Laura Florick – One citizen at large term ending 06/30/24
Edwin Velasco – One citizen at large term ending 06/30/24

BOARD OF ADJUSTMENTS
William Finer – One unexpired term ending 03/31/24

ENERGY IMPROVEMENT DISTRICT NO. 1
Vacant – One unexpired term ending 12/31/21

ENVIRONMENTAL ACTION COMMITTEE
Stacy Buff – One community citizen at large term ending 06/30/24

FAYETTEVILLE ARTS COUNCIL
Jessica DeBari – One arts and cultural community resident term ending 06/30/24
Lia Uribe – One working artist term ending 06/30/24

PEG ADVISORY BOARD
Brandy Walsh – One term ending 06/30/25
Hope Beatte – One term ending 06/30/25

WALTON ARTS CENTER COUNCIL, INC.
Cal Rose – One term ending 06/30/24
Jody Dilday – One term ending 06/30/24


Agenda Additions

1. Coronavirus State Fiscal Recovery Fund Agreement (Details)

A resolution to authorize Chief Finance Officer Paul Becker to sign a Coronavirus State Fiscal Recovery Fund Agreement which will allow the City of Fayetteville to request federal funds pursuant to Recovery Fund legislation.
Pass 7-0

Notes:
The allocation to the city is expected to be approximately $17.9 million. A plan for how to spend the money will come at a later date.


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 June 1, 2021 City Council Meeting minutes
Pass 7-0

2. Purchase of Petroleum-based Oils and Lubricants (Details): A resolution to approve the purchase of petroleum-based oils and lubricants on an as-needed basis from various vendors and in various quantities through the end of 2025.
Pass 7-0

3. U.S. Geological Survey (Details): A resolution to approve a joint funding agreement with the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2021 with the amount paid by the city not to exceed $61,721.00.
Pass 7-0

4. Northwest Arkansas Regional Planning Commission (Details): A resolution to express the willingness of the City of Fayetteville to apply for federal aid funds through the Northwest Arkansas Regional Planning Commission in the amount of $6,000,000.00 for two road improvement projects, and to approve a city match of $1,500,000.00 for the projects.
Pass 7-0

5. Flintco, LLC Change Order No. 4 (Details): A resolution to approve Change Order No. 4 to the Construction Manager at Risk contract with Flintco, LLC for the Police Headquarters Project in the amount of $8,654,440.00, and to approve a budget adjustment – 2019 Police Headquarters Bond Project.
Pass 7-0

6. Parks and Recreation Donation Revenue (Details): A resolution to approve a budget adjustment in the total amount of $14,891.00 recognizing donation revenue from citizens and local businesses to the Parks and Recreation Department.
Pass 7-0


Unfinished Business

1. Amend Stormwater Regulations (Details)

An ordinance to amend various chapters of the Unified Development Code to update stormwater regulations for developments in Fayetteville.
Pass 7-0

Background:
This item was left on the second reading at the June 1 meeting.

City law currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed. Residential single-family and duplex developments are exempt from stormwater requirements if the proposed development does not exceed the maximum number of units.

Staff said during the last few years, more and more developments being constructed are exempt from any stormwater requirements which is having a large impact on the properties neighboring these developments as well as the overall drainage system. Staff said that development pattern may be somewhat driven by the fact that they are exempt from stormwater and tree preservation requirements and more intensive development requires a much more involved approval process.

Staff said they’ve worked with CH2M Hill to develop a framework to address the issue that responds to a project’s impact on stormwater and not solely on land usage. The framework develops a progressive means by which the impact of the development is mitigated depending on the amount of proposed impervious area. In other words, the requirements would increase as the amount of impervious area increases.

The changes would impact developments that propose less than 10,000 square feet and are located on a parcel less than one acre and area based on the chart included below:

With the proposed revisions, individuals desiring to fill in floodplains on their property would need to demonstrate that the proposed fill does not negatively impact properties upstream or downstream by increasing floodplain elevations or velocities. They would also be required to create additional floodplain storage elsewhere on their property to offset any proposed filling of floodplains so that there would not be a net decrease in floodplain storage due to their development.

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

June 1 Discussion:
Turk said she’d prefer the language include the expiration of legacy drainage plans when a project is in line with the current standards.

Williams said he has concerns about that idea. If the council wants to sunset legacy plans, that idea should be looked at more closely than it has tonight. He said regulations aren’t usually removed retroactively, and that a separate ordinance should be drafted that can be guaranteed to pass constitutional muster. Turk removed her motion to amend.

The council advanced the ordinance to the second reading, but Turk said she’d like to leave it on the table for at least one more meeting to give more time for the public to consider it.

June 15 Discussion:
The council voted 7-0 to amend the ordinance to allow the City Engineer to make minor tweaks to the rules as long as they are in the spirit of the ordinance. Also, the City Engineer would be required to report those changes to the City Council.

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


New Business

1. Enact §94.06 Third Party Inspection and Reports System Fire Protection and Prevention Ordinance (Details)

An ordinance to enact §94.06 Third Party Inspection and Reports System Fire Protection and Prevention Ordinance concerning third-party protection and control, inspection, testing, and maintenance reporting of the Fayetteville Code.
Pass 7-0

Background:
This item was brought forward by Fire Chief Brad Hardin.

The ordinance would allow the fire department to contract with a software company for data compilation pertaining to fire protection systems in businesses and organizations within the city. Hardin said Springdale and Rogers are in the process of adopting this system in their respective jurisdictions.

Discussion:
There was no public comment.

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


2. RZN-2021-041 (431 E. MLK Jr. Blvd./Espinoza) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-041 located at 431 E. Martin Luther King Jr. Blvd. for approximately 0.20 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
Pass 7-0

Background:
The property is currently developed with a single-family home built in 1910. The applicant has not submitted any specific development plans, though they have indicated an intent to develop townhomes.

Staff said while the property is currently surrounded by single-family residential on the east and west, the area has a variety of lot sizes and building types, including mixed-density residential to the south and southwest of the property. Because the lot in question is small (less than 1/4 acre), the size of the development is naturally limited.

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

Location:

Discussion:
There was no public comment.

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


3. RZN-2021-042 (1000 W. Bulldog Blvd./FHS Properties) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-042 for approximately 22.80 acres located at 1000 W. Bulldog Blvd. from RMF-24, Residential Multi-Family, 24 units per acre; RMF-40, Residential Multi-Family, 40 units per acre; and P-1, Institutional to P-1, Institutional.
Pass 7-0

Background:
The property is owned by Fayetteville High School and encompasses a majority of the school’s athletic facilities north of Bulldog Boulevard and south of Clinton Street. The school district intends to redevelop portions of the site for their high school athletic facilities.

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

Location:

Discussion:
There was no public comment.

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


4. Appeal RZN 2020-028 (east of W. Michael Cole Dr. & W. Wedington Dr./Kidder) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-028 for approximately 5.1 acres located on West Wedington Drive east of Michael Cole Drive from R-A, Residential Agricultural to RI-U, Residential Intermediate-Urban and NS-L, Neighborhood Services-Limited.
Left on the first reading

Background:
The property is undeveloped. The applicant has not submitted any formal development plans, but has indicated an intent to develop townhomes.

The applicant previously submitted a request to rezone the property to RMF-18, but that request was denied by the Planning Commission. The decision was appealed to the City Council, and the request was revised to ask for Residential Intermediate-Urban for most of the property and Neighborhood Services-Limited for the remainder of the land. Council members tabled the item and sent it back to the Planning Commission to get a recommendation on the revised request. The Planning Commission voted 5-4 to deny the revised request. Staff said commissioners opposed suggested that the density of the request was still too high for the area compared to the previous request and were concerned that the proposal still represented sprawl. Commissioners in support appreciated the form-based nature of the zoning districts, and were encouraged that the use of RI-U would require buildings to be placed along the street.

City planners recommend approval of the request, but as mentioned above, the Planning Commission voted 5-4 to deny a recommendation.

Location:

Discussion:
There was no public comment.

Scroggin asked what the difference is between RMF-18 – which was originally requested – and the revised request. Staff said one difference is the allowable size of the buildings. RMF-18 allows 5-story buildings, whereas RI-U can only build two stories near the street, and if more are desired they must be set back from the road.

The council agreed to leave the item on the first reading. The council’s discussion will continue on July 6, however, the Ward 4 meeting on June 28 will also include a discussion about this item.


Adjourned

This meeting was adjourned at 7:03 p.m.

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