LIVE UPDATES: Fayetteville City Council recap: July 6, 2021

Fayetteville Government Channel

QUICK POST-MEETING SUMMARY:

The Fayetteville City Council on Tuesday…

  • Voted to continue with the City Board of Health.
  • Rezoned 0.3 acres on South College Avenue.
  • Rezoned 7 acres on South Ray Avenue.
  • Rezoned 2 acres on South School Avenue.
  • Rezoned 2 acres on North Quality Lane.
  • Rezoned 0.5 acres on West Cato Springs Road.
  • Made permanent the city’s sidewalk café and parklet development processes.

On the agenda…

  • Rezoning 5.1 acres on West Wedington Drive.
  • Dissolving, reconstituting, or repurposing the City Board of Health.
  • Rezoning 0.3 acres on South College Avenue.
  • Rezoning 7 acres on South Ray Avenue.
  • Rezoning 2 acres on South School Avenue.
  • Rezoning 2 acres on North Quality Lane.
  • Rezoning 0.5 acres on West Cato Springs Road.
  • Making permanent the sidewalk café and parklet development processes.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, July 6, 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, Matthew Petty, Mayor Lioneld Jordan, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: Sloan Scroggin

» View current attendance records


Mayor’s Announcements, Proclamations and Recognitions

1. Proclamation Presentation by Mayor Jordan to Dr. Jeffrey Allen Murdock

Notes: Mayor Jordan Proclaimed July 6, 2021 as Dr. Jeffrey Allen Murdock Day. Murdock recently won the 2021 Grammy Music Educator Award. He is Associate Director of Choral Activities and Assistant Professor of Music at the University of Arkansas. He conducts the Inspirational Chorale, the Razorback’s Chorus, and teaches choral music courses.

City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report


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 15, 2021 City Council Meeting minutes
Pass 7-0

2. Bid #21-39 Mayer Electric Supply, Inc. (Details): A resolution to award Bid # 21-39 and authorize the purchase of harmonic filters and variable frequency drives from Mayer Electric Supply Company, Inc. d/b/a Upchurch Electrical Supply in the amount of $48,985.88 plus applicable taxes and freight charges.
Pass 7-0

3. AIT Services, Inc. (Details): A resolution to authorize the purchase of a carbon steel ribbon blender from AIT Services, Inc. for $19, 625.00 plus any applicable tax and freight charges for the thermal drying unit at the Biosolids Management Site, and to approve a project contingency in the amount of $3,925.00.
Pass 7-0

4. McClelland Consulting Engineers, Inc. Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of $261,000.00 for easement acquisition support for the West Water Transmission Line Project, and to approve a budget adjustment.
Pass 7-0

5. Community Development Block Grant (CDBG) Agreement (Details): A resolution to approve the five-year consolidated 2021 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG agreement for 2021 in the amount of $748,785.00 when received, and to approve a budget adjustment.
Pass 7-0

6. MHC Kenworth (Details): A resolution to authorize the purchase of a Kenworth T880 Tri-axle Heavy Haul Truck Tractor from MHC Kenworth for the amount of $147,220.25, plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract for use by the Transportation Division.
Pass 7-0

7. Riggs Tractor Company (Details): A resolution to authorize the purchase of a Caterpillar Skid Steer from Riggs Tractor Company in the amount of $83,344.92 plus any applicable tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by Fleet Operations.
Pass 7-0

8. McClelland Consulting Engineers, Inc. Amendment No. 2 – 2019 Street Improvements Bond Project (Details): A resolution to approve Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. in the amount of $70,090.00 to provide additional services associated with the West Center Street and North Harmon Avenue Intersection Project – 2019 Street Improvements Bond Project.
Pass 7-0

9. Environmental Products Group (Details): A resolution to authorize the purchase of a street sweeper from Environmental Products Group in the amount of $238,768.31, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
Pass 7-0

10. Community Access Television dba Your Media (Details): A resolution to approve a budget adjustment in the amount of $10,000.00 recognizing contract production revenue from Community Access Television dba Your Media and to increase related promotional activities budget.
Pass 7-0

11. Federal Aviation Administration (FAA) grant (Details): A resolution to authorize the application for a Federal Aviation Administration grant in the amount of $6,635,840.00 to fund the design and construction of the Runway Pavement and Lighting Rehabilitation Project at Drake Field Airport.
Pass 7-0


Unfinished Business

1. 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 second reading

Background:
This item was left on the first reading at the June 15 meeting.

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:

June 15 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.

July 6 Discussion:
Robert Rhoads, who represents the applicant said since some council members have said they’re frustrated with developers who request zoning districts that allow commercial areas, but only build residential units, the applicant is preparing a Bill of Assurance to ensure that the commercial areas of the NS-L property in question will include commercial uses. He asked that the item be left on the second reading tonight to allow time to prepare and submit that document.

One person spoke in favor of the request.

Hertzberg said she won’t support the request after hearing from multiple residents who are against it.

The council agreed to leave the item on the second reading. The discussion will continue on July 20.


New Business

1. City Board of Health (Details)

A resolution to review the continuation or repurposing of the City Board of Health now that the governor’s decree of a pandemic emergency has lapsed.
Pass 7-0

Background:
The resolution that reestablished the City Board of Health in June 2020 called for a review of the need to continue its existence after the governor ends his decree of a pandemic emergency. The governor has ended that decree, so now the council must discuss whether to dissolve, reconstitute, or repurpose the board.

Discussion:
City Attorney Kit Williams issued a memo to the council regarding this item.

“No matter what recommendation the City Council might make about the future of the Board of Health, we all owe a tremendous debt of gratitude for all of the time and effort these physicians devoted to try and save the lives of our citizens and residents by providing valuable and needed medical advice about mask wearing, social distancing, and vaccinations,” Williams wrote. “I am sure that enough of our citizens listened to the City Board of Health’s informed and professional advice and warnings that the Board’s work has saved many lives in Fayetteville. Fayetteville City Health Officer Dr. Marti Sharkey devoted innumerable hours advising the Board of Health, our citizens and city on a totally volunteer basis. The City Council should recognize her very valuable contribution to Fayetteville’s health and well begin in this important time of need.”

Mayor Jordan said he thinks the board needs to continue and he hopes the council doesn’t put any time limit on how long it can continue as it has been since the pandemic began.

Jones offered an amendment to the resolution to recognize the council’s unanimous declaration that racism is a public health crisis and to direct the board to take up equity issues in public health, and other public health deficiencies as they, in their professional capacity, see fit.

The amendments to the resolution are as follows:

WHEREAS, on August 18, 2020, the City Council voted unanimously to recognize racism as a public health crisis, tasking the City Board of Health and City Health Officer to identify health disparities and ways to positively affect health outcomes and the adoption of large-scale solutions to this public health crisis, and

WHEREAS evidence-based health information should be clearly and proactively communicated to the public to combat the constant assaults on healthcare access for transgender Arkansans, Washington County women, and Americans who qualify for public assistance.

Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Board of Health and City Health Officer apply their attention and expertise, as demands of the COVID-19 pandemic allow, to the goal of improving equitable public health outcomes for underinvested populations, and to adopt or recommend such rules, regulations, and recommendations as appropriate to advancing that goal.

The amendment passed 7-0.

Turk said the board should definitely continue meeting considering there is currently a resurgence of the virus in Arkansas.

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


2. RZN-2021-044 (716 S. College Ave./Clayton-Niederman) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-044 located at 716 S. College Ave. for approximately 0.30 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
Pass 7-0

Background:
The land is across the street to the east of the Fayetteville Senior Activity & Wellness Center. Before it was demolished and cleaned in May, the property contained a single-family home and associated outbuildings. The applicant has indicated an intent to split the lot into two parcels to develop single-family dwellings with accessory dwelling units, according to staff documents.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
There was no public comment.

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


3. RZN-2021-045 (S.E. of South Ray Avenue/JCC Enterprises) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-045 located southeast of South Ray Avenue for approximately 7.00 acres from RSF-4, Residential Single Family, 4 units per acre, I-1, Heavy Commercial and Light Industrial and R-A, Residential-Agricultural to R-A, Residential Agricultural.
Pass 7-0

Background:
The land is about 1,000 feet south of the intersection of South Ray Avenue and East Huntsville Road. The property has remained largely undeveloped since it was incorporated into city limits in the mid-1960s. The West Fork White River within the Beaver Lake watershed roughly follows the southern boundary of the site, and the associated floodplain impacts over 2 acres of the overall property. Further encumbering the property are two major sanitary mains and their associated easement that runs southwest-northeast, according to staff documents.

The applicant described plans to restore and preserve the habitat and conserve the environment for wildlife. They also wish to establish housing and grazing space for goats and horses.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
There was no public comment.

Turk said she thinks the applicant is making a good choice to further protect the land.

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


4. RZN-2021-046 (S.W. of South School Avenue & West MLK Jr. Boulevard/Southyard Development) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-046 located southwest of South School Avenue and West Martin Luther King Jr. Boulevard for approximately 2.00 acres from DG, Downtown General and I-1, Heavy Commercial and Light Industrial to MS-C, Main Street-Center.
Pass 7-0

Background:
The property contains three parcels and is under development as part of the Southyard project, which incorporates the former Farmer’s Co-op Building along West Martin Luther King Jr. Boulevard. The project is a mixed-use development that includes multi-family residential, commercial, and hotel uses. The applicant intends to bring the entire site under one zoning district.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
There was no public comment, but staff said they did previously receive one comment in favor of the request.

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


5. RZN-2021-047 (North of 2619 N. Quality Lane/Sources for Community Independent Living) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-047 located north of 2619 N. Quality Lane for approximately 2.00 acres from RMF-24, Residential Multi-Family, 24 units per acre to CS, Community Services.
Pass 7-0

Background:
The undeveloped land is approximately 1,000 feet southwest of the intersection of North Gregg Avenue and West Drake Street. In 2016, the property owner obtained a conditional use permit to operate an office building. That permit has since expired, and the applicant is now requesting to rezone the property. The applicant has not submitted any additional development plans, but has indicated an intent to develop offices, classrooms, training, and meeting space for individuals and families affected by disabilities.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
There was no public comment, but staff said they did previously receive one comment in favor of the request.

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


6. RZN-2021-048 (956 W. Cato Springs Road/Reynolds) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-048 located at 956 W. Cato Springs Road for approximately 0.50 acres from RSF-4, Residential Single Family, 4 units per acre and I-1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services-General.
Pass 7-0

Background:
The land is about one-half mile east of the intersection of West Cato Springs Road and South Razorback Road. The property has an existing residence. Along the eastern boundary is municipal land, through which runs Cato Springs Trail. The applicant has not shared a specific development intent other than indicating they plan development that would encourage continued and increased use of the Cato Springs Trail.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
There was no public comment.

Jones said he’s excited about the request. Gutierrez said she thinks having more offerings in the area would be great.

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


7. VAC-2021-014 (3553 N. Steele Blvd./First National Bank) (Details)

An ordinance to approve VAC 21-014 for property located at 3553 N. Steele Blvd. to vacate a portion of public right-of-way.
Pass 7-0

Background:
The land is on the west side of North Steele Boulevard, about 325 feet south of the intersection at Van Asche Drive. It is currently the site of First National Bank of Northwest Arkansas. The applicant is requesting the vacation in order to locate a monument sign which must be setback a minimum of 10 feet from the right-of-way.

Both city planning staff and the Planning Commission recommend approval.

Location:

Discussion:
The council amended the ordinance to correct a clerical error.

There was no public comment.

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


8. Amend § 178.02 Sidewalk Cafes (Details)

An ordinance to amend § 178.02 Sidewalk Cafes to streamline and make permanent the sidewalk café and parklet development processes for use by restaurants, bars, performance venues, and other businesses.
Pass 7-0

Background:
The use of sidewalk space is currently allowed through the sidewalk café permit process, but the use of city-owned parking spaces for parklets (small platforms atop parking spaces that extend the sidewalk to provide space for seating, tables, etc.) and the lifting of review and permitting processes for sidewalk cafes and parklets that was put into place by a COVID-19 emergency ordinance has expired.

Staff recommends passing this ordinance that clarifies the process for businesses wishing to utilize a sidewalk cafe or parklet in hopes of providing additional options for expanded dining. It includes a set of design guidelines and permitting processes as highlighted below:

  • It strikes the emergency provision that waived the fees and permitting steps associated with obtaining sidewalk café and parklet permits.
  • It includes language to permanently allow parklets and sets a permitting process and review fee for the permit.
  • It includes provisions which ensure safe use, ADA access and design guidelines.
  • It interfaces well with the Outdoor Refreshment Ordinance and allows businesses the opportunity to be creative and try new things.

Here are some photos of local parklets:

Discussion:
Jerry Davis, manager of 21st Amendment, said he hopes the council approves the ordinance. He said the parklet in front of 21st Amendment has been very successful.

Zane Chenault spoke in favor of the ordinance on behalf of the Fayetteville Chamber of Commerce.

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


Adjourned

This meeting was adjourned at 7:24 p.m.