LIVE UPDATES: Fayetteville City Council recap: Oct. 19, 2021

Fayetteville Government Channel

On the agenda…

  • Appealing an approved development on Zion Road.
  • Appealing a denied rezoning on 54th Street.
  • Rezoning 0.5 acres on Happy Hollow Road.
  • Rezoning 7.4 acres on Shiloh Drive.
  • Rezoning 2 acres on Shiloh Drive.
  • Correcting a staff mistake to the CS zoning district.
  • Giving council members access to the city’s insurance plans.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Oct. 19, 2021. It is lived streamed on the city’s YouTube channel, and held at City Hall in Room 219, or virtually on Zoom.

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 Harvey, D’Andre Jones, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

» View current attendance records


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 Oct. 5, 2021 City Council meeting minutes
Pass 8-0

2. Bid #21-59 Central Salt, LLC (Details): A resolution to award Bid # 21-59 and authorize the purchase of bulk crushed rock salt from Central Salt, LLC for $80.00 per ton for materials picked up and $94.25 per ton for materials delivered as needed.
Pass 8-0

3. Traffic Logix Corporation (Details): A resolution to approve the purchase of speed cushions from Traffic Logix Corporation in the amount of $25,285.00 plus any applicable sales tax and freight charges pursuant to a NCPA cooperative purchasing agreement for use by the Transportation Department.
Pass 8-0

4. Butterfield Trail Village, Inc. Cost Share Agreement (Details): A resolution to approve a cost share agreement with Butterfield Trail Village, Inc. for Butterfield Trail’s removal and reconstruction of a portion of damaged city sidewalk along Old Missouri Road in the amount of $2,900.00 to be paid by the City of Fayetteville.
Pass 8-0

5. Bid #21-70 Crossland Heavy Contractors, Inc. – 2019 Transportation Bond Project (Details): A resolution to award Bid #21-70 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $1,680,751.00 for the construction of the Shiloh Drive and Steele Boulevard intersection project, to approve a project contingency in the amount of $252,000.00, and to approve a budget adjustment – 2019 Transportation Bond Project.
Pass 8-0

6. Garver, LLC – 2019 Street Bond Project (Details): A resolution to approve Amendment No. 1 to the professional engineering services agreement with Garver, LLC in the amount of $25,000.00 for construction phase services associated with the Shiloh Drive and Steele Boulevard intersection project, and to approve a budget adjustment – 2019 Street Bond Project.
Pass 8-0

7. JBZ, Inc. d/b/a Ellingson Contracting Change Order #3 (Details): A resolution to approve Change Order No. 3 to the contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $140,619.00 for construction of the front and rear porches and replacement of missing windows and doors associated with the Woolsey Farmstead restoration project and to approve a project contingency in the amount of $14,062.00.
Pass 8-0

8. Special Needs Assistance Program Grant Agreement Amendment (Details): A resolution to approve the Special Needs Assistance Program grant agreement amendment with the U.S. Department of Housing and Urban Development and Fayetteville Housing Authority in the total amount of $76,763.00 for the city to administer programs to assist homeless Fayetteville residents.
Pass 8-0

9. Arkansas Department of Transportation (Details): A resolution to approve an amendment to the current right of way maintenance permit with the Arkansas Department of Transportation in order for the city to be able to assist the creation of the city’s third medical cannabis dispensary by having the right to determine which trees may be removed and which must be retained from parcel 765-14875-001 near Interstate 49.
Pass 8-0

10. Ms. Jean Jowers Rescission Deed (Details): A resolution to approve a rescission deed to reconvey about 5.82 acres to trust a of the Hoyet Greenwood estate so that Ms. Jean Jowers may personally donate this 5.82 acres back to the City of Fayetteville.
Pass 8-0

11. Northwest Arkansas Council Foundation Covid Communications Campaign and Vaccination Campaign (Details): A resolution to approve a subrecipient agreement with the Northwest Arkansas Council Foundation to provide funding from American Rescue Plan local recovery funds to provide a region-wide Covid-19 communication and vaccination campaign in Benton and Washington Counties, and to approve a budget adjustment.
Pass 8-0


Unfinished Business

1. 1776 North Fox Hunter Road Extension of the City’s Sewerage System (Details)

A resolution to approve an extension of the city’s sewerage system beyond the city limits to property located at 1776 N. Fox Hunter Road.
Pass 8-0

Background:
This item was tabled at the Oct. 5 meeting.

Jesse Bishop has requested to connect to the city’s sewer main that currently runs across his property on Fox Hunter Road.

City staff recommend approval of the request, upon receiving payment of the necessary tapping fee and any other costs required to make the connection.

Oct. 5 Discussion:
Mayor Jordan said he’d like the Water and Sewer Committee to make a recommendation about this item before a decision is made. The council voted 7-0 to table the resolution and send it to the committee.

Oct. 19 Discussion:
Turk said this request comes with no cost to the city, which is why the Water and Sewer Committee voted 3-0 to recommend approval.

There was no public comment.

Decision:
The council voted unanimously to approve the resolution.


New Business

1. Police Department Unmarked Unit Program (Details)

An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of used vehicles for the Police Department unmarked unit program in an amount not to exceed $35,000.00 per vehicle, and to allow existing unmarked units to be sold for trade-in value toward replacements.
Pass 8-0

Background:
The department maintains a fleet of used vehicles for unmarked use during investigations. The current bid waiver only allows for purchases up to $30,000, but city staff said the recent supply chain issues, market demand and inflation issues are making it difficult to locate suitable vehicles at that price point. The request is to increase that amount by $5,000.

Discussion:
There was no public comment.

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


2. Appeal ADM-2021-065 (NE of Randal Pl. & Zion Rd./Randal Place Development Appeal) (Details)

A resolution to grant the appeal of City Council Member Sarah Bunch and to deny LSIP 2021-007.
Fail 4-4

Background:
The property is at the northeast corner of Zion Road and Randal Place. It was split-zoned RI-U to the north and CS to the south in late 2020 with no public comment.

The owners are ready to build on the land, and were recently approved by the Planning Commission for a project with commercial development along the property’s Zion Road frontage, and residential units to the north. The approval included some variances for on-street parking on Zion Road, architectural design standards, as well as to required infrastructure improvements, and for cross-access requirements.

A group of residents asked for the appeal, stating that the development would create or compound dangerous traffic conditions and that it does not appear to include sufficient space for recycling and trash containers.

City staff maintain their support for the project and said it meets all the city’s standards, including sufficient space for recycling and trash containers.

Location:

Discussion:
Bunch, who sponsored the appeal, said she was approached by several people about appealing this decision. She said she brought it forward simply on behalf of the neighbors so they could argue their case to the council.

Turk asked about the tree canopy requirements. Staff said the development would require the developer to plant 27 new trees on the property. Turk also asked about the plans to protect the stream on the property. The developer said the plan is to preserve the majority of the stream corridor, but there is a 150-foot subvert ditch in the plans.

Ten people spoke against the development and three were in favor during public comment. Those against cited concerns about increased traffic and parking, noise from the new neighborhood and businesses, lower home values, and the effects on the area watershed.

Turk said she has safety concerns about the development, as well as concerns about the high density and the effects it could have on the creek.

Assistant City Attorney Blake Pennington said the council can only deny a development that meets city code for a short list of very specific reasons, including: the plans are not submitted correctly; the development violates city or state law; the developer refuses to grant necessary right-of-way or easements; the development creates or compounds a significant traffic safety hazard; or adequate water and sewer services are not available.

Kinion said traffic safety is the only criteria the proposed development could arguably meet.

Scroggin said he understands that residents don’t want the development built near then, but said the project is in compliance with city code and doesn’t meet any of the criteria allowed for denial.

Bunch said she has a hard time seeing how the project will create a traffic hazard. She said the approved variances enhance the project so if it’s denied tonight, whatever else is built could potentially be less safe.

Petty said the developer has followed all the rules and procedures of the recently approved zoning district, and it would feel like a bait-and-switch for the council to rezone the property to allow this type of development in the area and then later decide that the development isn’t compatible with the area.

Jones said he visited the area and he has concerns about safety so he agrees with the residents.

Gutierrez said she thinks on-street parking tends to slow traffic in other parts of town

Decision:
The council voted 4-4, and the mayor declined to vote, so the project is clear to move forward. Jones, Turk, Hertzberg and Kinion voted in support of the appeal.


3. Appeal RZN-2021-064 (1287 N. 54th St./Northstar Construction) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-064 located at 1287 N. 54th Street for approximately 12.18 acres from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 units per acre.
Pass 6-1

Background:
The property is about 600 feet north of the intersection of Wedington Drive and 54th Avenue. It has two parcels, including the northern 10.25-acre parcel which was incorporated into the city limits at the City Council meeting on Sept. 21. It is developed with a single-family dwelling and four outbuildings. The applicant has not submitted a related development proposal.

The Planning Commission voted 6-1 to deny the request, citing that the infill matrix was too low for the requested density, meaning the rezoning would contribute to suburban sprawl.

City staff are in favor of the rezoning request, and said it is in agreement with the city’s future land map and consistent with the goals of City Plan 2040.

Location:

Discussion:
There was no public comment.

Jones said he thinks a development on the property would create additional traffic flow connections in the area.

Decision:
The council advanced the ordinance to the final reading, and voted 6-1 to approve it. Turk voted against and Gutierrez left the meeting earlier.


4. RZN-2021-065 (481 S. Happy Hollow Rd./Fulton) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-065 located at 481 S. Happy Hollow Road for approximately 0.51 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single Family, 18 units per acre.
Left on the first reading

Background:
The property is at the northwest corner of Happy Hollow Road and 5th Street. It is developed with a single-family home. The property slopes from a high point near the northwest corner to the southeast at a gradual, 8% slope. Though the applicant has not submitted a specific development plan, their request letter suggests they would like to divide the parcel into four separate lots for the development of single-family residences.

Both the Planning Commission and city staff are in favor of the request.

Location:

Discussion:
During public comment, two people spoke against the request and said they don’t think the four proposed homes are compatible with the area.

Turk suggested touring the area, and holding the ordinance on the first reading.

The discussion will continue on Nov. 2.


5. RZN-2021-067 (4143 N. Shiloh Dr./RGMS Investments) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-067 located at 4143 N. Shiloh Drive for approximately 7.42 acres from C-2, Thoroughfare Commercial to CS, Community Services.
Pass 7-0

Background:
The property is just south of the Northwest Arkansas Mall with frontage along Shiloh Drive. It includes the former Hooters restaurant, which has been closed for years. The applicant has indicated an intent to develop a mixed-use development on the site, including new retail and commercial uses along the Shiloh Drive frontage, as well as multi-family to the west.

Both the Planning Commission and city staff are in favor of the request.

Location:

Discussion:
There was no public comment.

Scroggin said this rezoning can only make the area better.

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


6. RZN-2021-069 (1471 S. Shiloh Dr./LLEJ IX, LLC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 21-069 located at 1471 S. Shiloh Drive for approximately 2.09 acres from R-A, Residential Agricultural to CS, Community Services.
Pass 7-0

Background:
The property is a quarter-mile south of Shiloh Drive and Martin Luther King Jr. Blvd. It is currently undeveloped. This request is a revision from the original request of UT, Urban Thoroughfare, which staff does not support. The applicant has not submitted any additional development plans.

Both the Planning Commission and city staff are in favor 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. Gutierrez left the meeting earlier.


7. VAC-2020-005 (2020 S. Cline Ave./Cline Ave. ROW) (Details)

An ordinance to approve VAC 20-05 for property located at 2020 S. Cline Avenue to vacate portions of existing street right-of-way and portions of a general utility easement.
Pass 7-0

Background:
The property is between South School Avenue and South Garland Avenue and about 450 feet north of Cato Springs Road. The University of Arkansas owns all properties adjacent to the right-of-way and easements proposed for abandonment. In 2020, the University of Arkansas began construction of the Engineering Research Center, a building that straddles the right-of-way.

Both the Planning Commission and city staff are in favor 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. Gutierrez left the meeting earlier.


8. Amend §161.22 Community Services (Details)

An ordinance to amend §161.22 Community Services by removing Use Unit 18, Gasoline Service Stations and Drive-in/Drive-through Restaurants from permitted uses and adding it to conditional uses.
Pass 7-0

Background:
This item would clean up a mistake made by city staff.

Removing Use Unit 18 from permitted uses in CS and adding it to conditional uses is something the council already approved in February, but staff said they mistakenly did not update the relevant exhibits for CS before the short-term rentals ordinance was approved, so the unintended result effectively made Use Unit 18 available as both a permitted and conditional use in the CS zoning district. Approving this item would correct the error.

Discussion:
There was no public comment.

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


9. Amend § 31.16 Aldermen, Compensation (Details)

An ordinance to amend § 31.16 Aldermen, Compensation of the City Code to allow council members to participate in participant-paid dental and vision insurance plans and to receive city-paid life insurance of $15,000.00 and the AD&D Municipal League insurance.
Pass 7-0

Background:
A code change is needed to allow the eight City Council members to join the city’s participant-paid dental and vision insurance plans, as well as city-paid life insurance.

Discussion:
Staff said the dental and vision would not cost the city anything, and the life insurance would cost $2.40 per month per council member.

The request was brought forward by Council Member Kinion. He said since it doesn’t cost much, it could be a benefit allowed to council members.

There was no public comment.

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


Adjourned

This meeting was adjourned at 8:59 p.m.