ADJOURNED: City Council recap: Dec. 3, 2013

Agenda highlights

  • Amending some height and setback regulations.
  • Modifications to a Residential Planned Zoning District on Wedington Drive.
  • Changes to the hours of operation allowed at Pratt Place Inn.
  • Rezoning over 16 acres of land just south of Martin Luther King Boulevard.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 6 p.m. Tuesday, Dec. 3, 2013 inside room 219 of the City Administration Building, located at 113 W. Mountain Street in Fayetteville.

Listed below are the items up for approval and links to downloadable PDFs for more information on each item of business.


Roll Call

Present: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, Rhonda Adams
Absent: Alan Long

Presentations

1. Golden Acorn Award: Fayetteville Natural Heritage Association – Presented to the city’s Parks and Recreation team.

2. Q3 Financial Report – Presented by Paul Becker, Finance Director. (see most recent sales tax report)

Consent

1. Re-approval of the Nov. 5 meeting minutes and approval of the Nov. 19 minutes.
Pass 7-0

2. General Construction Solutions, Inc. (PDF): A resolution approving Change Order No. 1 to the contract with General Construction Solutions, Inc. in the amount of $34,037.14 for the completion of construction on FEMA Project, Location 22 Sanitary Sewer near the entrance to the Cliffs Apartments related to Spring 2011 flooding, and approving a budget adjustment.
Pass 7-0

3. Grubbs, Hoskyn, Barton & Wyatt, Inc. Amendment No. 1 (PDF): A resolution approving Amendment No. 1 to the contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for the additional amount of $8,000 for additional geotechnical evaluations of Tract 14 of the Fayetteville Industrial Park, approving a project contingency of $2,000 and approving a budget adjustment.
Pass 7-0

4. Continental Flooring Company (PDF): A resolution authorizing the purchase and installation of vinyl plank flooring from Continental Flooring Company for the Transportation Division office in the amount of $38,843 plus any applicable bonding fees and tax pursuant to an NJPA cooperative purchasing agreement.
Pass 7-0

5. Landers Toyota of Little Rock (PDF): A resolution authorizing the purchase of two (2) Toyota Tacoma pickup trucks in the total amount of $55,910, pursuant to a state procurement contract, from Landers Toyota of Little Rock for use by the Transportation and Water & Sewer Division, and approving a budget adjustment in the amount of $28,500.
Pass 7-0

6. Bid #13-20 Shipley Motor Company of Lowell (PDF): A resolution authorizing the purchase of one (1) Mack LE613 truck with Wayne Titan body in the amount of $245,060, pursuant to Bid #13-20, from Shipley Motor Company of Lowell for use by the Solid Waste Division.
Pass 7-0

7. Assistance to Firefighters Grant (PDF): Assistance to Firefighters Grant: A resolution authorizing application for a 90/10 matching Assistance to Firefighters Grant through FEMA in the estimated amount of $427,500 for the purchase of a front line fire pumper apparatus for the Fire Department.
Pass 7-0

8. 2013 Sales and Use Tax Bond Issue Proceeds (PDF): A resolution authorizing application for a 90/10 matching Assistance to Firefighters Grant through FEMA in the estimated amount of $427,500 for the purchase of a front line fire pumper apparatus for the Fire Department.
Pass 7-0

Unfinished Business

1. Amend UDC Height and Setback Regulations (PDF): An ordinance to Amend §§161.16, 161.18, 161.19, 161.20, 161.21, 161.22, 161.23, 161.24, and 161.25 to change setbacks and stepbacks for adjoining property and height limitations for several districts and to amend §164.11 Height and Setback Regulations; Exceptions to reduce or eliminate setbacks in certain circumstances, to require wider sidewalks for buildings higher than 36 feet and to provide a building height variance for buildings receiving LEED Gold Certification and meeting other requirements, and to amend §156.02 (F) to authorize a requirement for a height variance applicant to provide a Viewshed Analysis or Sun/Shadow Study.
Pass 5-2* (see more info below)

* More on the height and setback ordinance

Amended (5-2) to bring the ordinance largely back to its original proposed format, but to limit it to: only apply inside the Downtown General and Main Street/Center zones: only offer protection for adjacent single-family homes being used as single-family residences; and place no limits for newly constructed single-family structures (can include up to three attached residences).

Alderman Kinion brought forth the amendment and said it offers a simple, immediate way to protect single-family homeowners in established neighborhoods in the central part of town.

Residents and developers who spoke against the ordinance said they believe the 15-foot setback requirement and the additional 15-foot step-back requirement would stifle downtown development.

Kinion said developers who have projects that are aligned with the city’s infill goals can always apply for a variance.

Alderman Petty voted against both the amendment and the ordinance, and said that it was wrong in many ways, and that it is prejudicial against people that can’t afford to live in a single-family home.

Alderwoman Marsh also voted against, calling the amended ordinance a “gross distortion” of the original proposal’s intent. She said she would’ve liked the opportunity to further refine the ordinance.

» Download amendment (PDF)

Votes For: Rhonda Adams, Adella Gray, Mark Kinion, Martin Schoppmeyer, Justin Tennant
Votes Against: Sarah Marsh, Matthew Petty
Alderman Alan Long was absent during the meeting.

2. Resolution Calling for a Public Hearing for VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas) (PDF): A resolution to fix the date for hearing the University of Arkansas’ request to vacate Brenda Drive, Court Street and Walton Street on Dec. 17, 2013 at 6 p.m. in the City Council Chambers, Room 219 of the City Administration Building.
Pass 7-0

3. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas) (PDF): An ordinance approving VAC 13-4516 submitted by Development Consultants, Incorporated for property located west of Razorback Road and north of Center Street to vacate the right-of-way of Brenda Drive, Court Street, Walton Street, and a thirty foot wide alley off of Hotz Drive. This ordinance was left on the second reading at the Nov. 19, 2013 City Council meeting.
Tabled 7-0

4. ADM 13-4512 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 2) (PDF): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Two, reducing the number of dwelling units from 100 units to 72 units and removing the requirement for vertical mixed-use buildings. This ordinance was left on the Second Reading at the Nov. 19, 2013 City Council meeting.
Pass 7-0

5. ADM 13-4513 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 5) (PDF): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Five, reducing the number of dwelling units from 60 units to 31 units and amending the housing type from townhouses to detached single-family houses. This ordinance was left on the Second Reading at the Nov. 19, 2013 City Council meeting.
Pass 7-0

6. ADM 13-4450 (Pratt Place Inn) (PDF): An ordinance amending a Commercial Planned Zoning District entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section 1. This ordinance was left on the first reading at the Nov. 19, 2013 City Council meeting.
Left on the second reading

New Business

1. Fayetteville Youth Center, Inc. (PDF): An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $215,175 to provide public recreation services for the youth and citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program.
Pass 7-0

2. Northwest Arkansas Economic Development District (PDF): An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of $74,314 to provide public recreation services for the senior citizens of Fayetteville for 2014 contingent on approval of the 2014 Annual City Budget and Work Program.
Pass 7-0

3. RZN 13-4520 (S. of Martin Luther King Blvd. and East of S. Beechwood/Eaton) (PDF): An ordinance rezoning that property described in rezoning petition RZN 13-4520, for approximately 16.57 acres located south of Martin Luther King Boulevard and east of South Beechwood from I-1, Heavy Commercial and Light Industrial to CS, Community Services.
Pass 7-0

4. Amend §166.08 Street Design and Access Management Standards (PDF): An ordinance to amend §166.08 Street Design and Access Management Standards of the Unified Development Code to clarify or alter several design regulations.
Pass 7-0

Announcements

– The Fayetteville Forward Historic and Heritage Resources Group meets at 5 p.m. Thursday, Dec. 5 at 229 N. Block Ave. to discuss downtown revitalization.

– There will be free parking Dec. 24-25 in the entertainment district.

– Assistant City Attorney Jason Kelley is leaving to work for the city of Bella Vista. His last day is Dec. 13, 2013. Interested attorneys can pick up a job application at the City Administration Building.