On the agenda
- A 1-mill tax increase to hire 23 city employees.
- Eliminating minimum parking standards.
- Expressing intent to sell or lease a 0.8-acre city parking lot to TheatreSquared.
- Authorizing the fourth and final phase of a transportation bond package voters approved in 2006.
- An agreement with SWEPCO to relocate utilities for the Old Wire Road-Mission Boulevard intersection project.
- Selling two city-owned houses on Old Wire Road – one to a local couple and the other to Apple Seeds, Inc.
- Four property rezonings, including 102 acres near the Rupple Road extension.
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Oct. 6, 2015 inside room 219 of the City Administration Building, located at 113 W. Mountain St. 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, John La Tour, Alan Long
Absent: Martin Schoppmeyer
City Council Meeting Presentations, Reports and Discussion Items
1. Fayetteville Natural Heritage Association Check Presentation: A $30,000 check was presented. The organization has now raised $100,000 of its $300,000 commitment toward the city’s $3 million purchase of the Kessler Mountain Reserve.
2. Ozark Regional Transit Presentation – This presentation has been postponed.
Walk-on Items
1. Consolidation and Transfer of The Firemen’s Pension and Relief Fund to the Arkansas Local Police and Fire Retirement System (LOPFI): Presented by Finance Director Paul Becker
– Left on the first reading
Alderman Petty said he was disappointed the pension board fought a recent proposal by state Rep. David Whitaker, D-Fayetteville, which would have authorized local fire and police pension boards to reduce their benefits for funds that are determined to be at risk of financial ruin. Petty said he felt like the pension board was painting the city into a corner and forcing them to make a decision they weren’t comfortable with.
Alderman Tennant said he didn’t understand why the pension board would’ve fought a proposal that was attempting to save the fledgling pension fund.
Alderman LaTour compared the proposal to writing a blank check, and said he would like the people to decide at the polls if the city should raise property taxes to save the pension fund.
Consent
Consent items typically are approved in a single, all-inclusive vote.
1. Approval of the Sept. 15, 2015 City Council meeting minutes.
– Pass 7-0
2. Justice Assistance Grant Local Solicitation Award (PDF): A resolution authorize acceptance of a 2015 Justice Assistance Grant Local Solicitation Award in the amount of $72,774.00, of which $29,576.00 will be used by the Fayetteville Police Department, with $28,943.00 to be disbursed to the City of Springdale and $14,255.00 to Washington County, and to approve a budget adjustment.
– Pass 7-0
3. Bulletproof Vest Partnership Program Matching Grant Award (PDF): A resolution to authorize acceptance of a fifty percent (50%) matching grant award from the 2015 Bulletproof Vest Partnership Program in the amount of $6,056.00 for the replacement of body armor vests for Fayetteville police officers, and to approve a budget adjustment.
– Pass 7-0
4. Fayetteville Police Department Policies (PDF): A resolution to approve Fayetteville Police Department policies 1.1.1, law enforcement role; 1.2.3, bias based profiling prohibited; 1.3.4, less- lethal weapons and defensive tactics; 12.1.1, organizational structure, functions and direction; 12.2.1, policies, procedures and rules development and review procedures; 22.2.8, military activations; 25.1, grievance procedures; 33.1, training; 35.1.1, performance evaluations/personnel early warning system; 41.2.5, missing persons; 41.2.7, department response to mentally ill subjects; 41.3.5, grooming and uniform requirements; 42.1.1, criminal investigations; 44.1.1, juvenile operations; and 84.1.1, property management, acquired and in-custody.
– Pass 7-0
5. Bid No. 15-48 Alliance Pump & Mechanical, Inc. (PDF): A resolution to award Bid No. 15-48 and authorize a contract with Alliance Pump & Mechanical, Inc. in the amount of $78,950.00 plus applicable taxes to rebuild seven (7) gearboxes at the Noland Wastewater Treatment Plant.
– Pass 7-0
6. BlueInGreen, LLC Change Order No. 1 (PDF): A resolution to approve change order no. 1 to the contract with BlueInGreen, LLC in the total amount of $58,269.06 to fund the sales taxes for ozone equipment necessary for the project and an increase of BlueInGreen, LLC’s warranty bond from one year to two years, and to approve a budget adjustment.
– Pass 7-0
7. Trimark Strategic Equipment, Inc. (PDF): A resolution to authorize the purchase of a hydrovection oven from Trimark Strategic Equipment, Inc. in the amount of $21,848.40 plus applicable taxes, pursuant to a National Joint Powers Alliance Cooperative Purchasing Agreement, for use by the Fayetteville Senior Center.
– Pass 7-0
8. Garver, LLC Task Order No. 4 (PDF): A resolution to approve task order no. 4 with Garver, LLC in the amount of $27,500.00 for design, bidding and construction oversight services for the Drake Field Airfield Roof Rehabilitation Project.
– Pass 7-0
9. Hi-Lite Airfield Services, LLC Change Order No. 1 (PDF): A resolution to approve change order no. 1 to the contract with Hi-Lite Airfield Services, LLC in the amount of $8,895.00 to increase the quantities of airfield pavement markings to be rehabilitated.
– Pass 7-0
10. Washington County Video Services Contract (PDF): A resolution to approve a one-year video services contract with Washington County in the amount of $750.00 per month for the city’s Media Services Division to record, telecast, stream and archive meetings of the Washington County Quorum Court and certain committees, and to approve a 0.25 full time equivalent position increase.
– Pass 7-0
11. SWEPCO Utility Relocations (PDF): A resolution to approve a utility relocation agreement with AEP/SWEPCO for utility relocations as part of the Old Wire Road/Highway 45 Intersection Improvements Project, with the total amount to be paid by the City of Fayetteville not to exceed $46,718.86.
– Pass 7-0
Unfinished Business
1. ADM 15-5093 (UDC Chapters 161, 164 and 172 – Single-Family and Two-Family Infill) (PDF): An ordinance amending Title XV Unified Development Code of the City of Fayetteville to amend Chapters 161, 164 and 172 to modify the bulk and area regulations to encourage small lot single-family and two-family infill in multi-family zoning districts and to include minimum design standards for this type of development.
– Pass 7-0
– Pass 5-2
During the Sept. 15 City Council meeting Williams said if aldermen remove minimum parking requirements, people that visit businesses located near homes could be forced to park in the neighborhoods. He said if a future City Council sides with angry neighbors and reinstates minimum parking standards, the city could be forced to pay for any parking lots that the business needs. Citing the Arkansas Private Property Protection Act of 2015, Williams said if a city passes a law that decreases the market value of a piece of property by more than 20 percent (by forcing a business to use some of their land for a parking lot) the city must compensate the owner for that loss. He suggested some kind of middle ground to allow the city to test the theory that reducing minimum parking requirements is a good idea.
The new proposal allows city planners to reduce minimum parking requirements for new businesses on a case-by-case basis. Staff said the new proposal “meets the original intent to relieve applicants of the requirement to provide parking when it is not needed, but also maintains the Council’s ability to revisit those requirements should the ordinance not fulfill its original goals or creates an unanticipated issue in the future.”
Alderman Petty said he can’t support the amendment. He said developers need certainty in designing new projects and that’s part of what the original proposal accomplished. He said he understands William’s concerns, but said he does not agree that completely removing parking standards is too great a risk.
Alderwoman Marsh agreed and said the amendment puts too much responsibility on planning staff, and opens the city up to allegations of favoritism.
Alderman Tennant and Alderman La Tour agreed with Petty and Marsh.
Alderman Kinion said he wasn’t completely comfortable with the total removal of minimum parking standards, and said the amendment would offer a mechanism for the council to not take a major leap forward that it might regret in the future.
Alderman Long agreed with Kinion. He said parking in neighborhoods is already an issue in some areas around town. He said small businesses that are built in and around neighborhoods could add to the problem if there are no minimum parking requirements. He said the original proposal could always be brought back later if the amended version proves that minimum parking requirements are indeed unnecessary.
Alderwoman Gray agreed with Kinion and Long.
Rob Sharp, a local architect, said the current system hinders the creation of vibrant areas around town. He said while places like Evelyn Hills Shopping Center may be convenient for motorists by providing a large amount of parking, it’s areas like the downtown square that people are most proud of, even though parking can be difficult and sometimes costs money.
The amendment failed with only Long, Gray and Kinion voting in favor.
Kinion said while he was worried about the potential longterm effects, he does support the idea of reducing minimum parking requirements so he would be voting in favor of the ordinance.
The ordinance passed 5-2 with Long and Gray voting against.
For more background on this proposal, see our original story.
3. 2015 Millage Levy (PDF): An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2015 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the county clerk of Washington County, Arkansas.
– Pass 6-1
“The Finance Director will calculate the additional tax revenue raised by the millage increase set forth in this Ordinance on an annual basis, and report the same to the City Council. This amount shall be added incrementally to the budgeted amount for the police and fire departments in fiscal year 2016 and beyond, and not diverted to other budget uses or functions.”
There was no second for La Tour’s proposed amendment.
During public comment, one resident asked why the city would need additional tax money when it continues to grow. Finance Director Paul Becker said the money comes from property tax revenue, which isn’t increasing fast enough to pay for the needed positions.
Alderman Petty said there are only two ways to fund the needed positions – raise taxes or cut over $1 million from other city programs. He said the effects of removing funding from current programs would be far greater than raising property taxes from 3.1 mills to 4.1 mills.
Alderman La Tour said while the tax increase will go unnoticed by most residents, there are some people who will feel the effects of the increase.
Alderwoman Marsh said the tax increase would only equal about $33 per year for the owner of a $150,000 house. Both she and Alderman Long said it’s a small amount for each citizen to pay for an increase in public safety.
Before the final vote, Alderman La Tour said his amendment was designed to combat what he thinks is a “manufactured need” for more public safety by adding language that would guarantee the money only be used for police and fire personnel.
Mayor Jordan said if Alderman La Tour needs proof that the money will be used to fund new positions, he will find it in the hiring of the 23 new staff members.
The ordinance passed 6-1 with La Tour voting against.
For more on this item, see our original story.
New Business
1. Nabholz of Bixby, Oklahoma (PDF): A resolution to authorize the purchase of a rotary lift system from Nabholz of Bixby, Oklahoma in the amount of $45,990.85 plus applicable taxes pursuant to a National Joint Powers Alliance Cooperative Purchasing Agreement for use by Fleet Operations.
– Pass 7-0
2. Bid No. 15-47 Peterbilt of Fort Smith (PDF): A resolution to award Bid No. 15-47 and authorize the purchase of a Peterbilt 320 diesel truck with Labrie/Wittke Superduty Front Loader from Peterbilt of Fort Smith in the amount of $243,520.00 for use by the Recycling and Trash Collection Division.
– Pass 7-0
3. Bid No. LSC-2015 Benchmark Construction (PDF): A resolution to award Bid No. LSC-2015 and authorize a contract with Benchmark Construction in the amount of $37,000.00 for a kitchen rehabilitation project at Lifesource International using Community Development Block Grant Funds.
– Pass 6-1
4. Apple Seeds, Inc. (PDF): A resolution to authorize the sale of approximately 0.75 acres of city-owned real property located at 2648 Old Wire Road to Apple Seeds, Inc. for the amount of $200,000.00, and to approve a twenty (20) year lease agreement with Apple Seeds, Inc. for approximately two (2) acres on the north end of Gulley Park for the purpose of operating a teaching farm.
– Pass 6-1
5. Brett Michael Maguire and Kimberly Ann Maguire Real Estate Contract (PDF): A resolution to authorize the sale of approximately 0.50 acres of city-owned real property located at 2634 Old Wire Road to Brett Michael Maguire and Kimberly Ann Maguire for the amount of $111,500.00.
– Pass 7-0
6. City Sales and Use Tax Bonds (PDF): An ordinance authorizing the issuance and sale of the city’s sales and use tax capital improvement bonds, series 2015, for the purpose of financing a portion of the costs of certain street improvements; authorizing the execution and delivery of a fourth supplemental trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto.
– Pass 7-0
7. TheatreSquared City Council Support (PDF): A resolution to express the City Council’s support of TheatreSquared and its intent to lease 0.8 acre of city property at the southeast corner of West and Spring as TheatreSquared’s new permanent performance facility.
– Pass 7-0
8. RZN 15-5179 (324 N. Hornsby Dr./Markham Hill) (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5179, for approximately 1.39 acres from RSF-4, residential single family, 4 units per acre to NC, neighborhood conservation, and RSF-8, residential single family, 8 units per acre.
– Pass 7-0
9. RZN 15-5156 (1220 W. Cleveland St./Expired PZD 12-4079) (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5156, for approximately 2.71 acres, located at 1220 and 1226 W. Cleveland Street and 725, 727 and 805 Hall Avenue from R-PZD, residential planned zoning district to RSF-4, residential single family, 4 units per acre and P-1, institutional.
– Pass 7-0
10. RZN 15-5165 (1118 S. Dunn Ave./Pearson Development) (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5165, for approximately 0.23 acres, located at 1118 S. Dunn Avenue from I-1, heavy commercial and light industrial to NC, neighborhood conservation.
– Pass 7-0
11. RZN 15-5174 (S. end of Rupple Rd./Striker Development) (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5174, for approximately 102 acres, located at the southern end of Rupple Road from NC, neighborhood conservation; CS, community services; R-A, residential-agricultural; RSF-4, residential single family, 4 units per acre; and RSF-2, residential single family, 2 units per acre to R-A, residential-agricultural; RSF-2, residential single family, 2 units per acre; RSF-4, residential single family, 4 units per acre; NC, neighborhood conservation and CS, community services.
– Pass 7-0
12. VAC 15-5087 (1005 E. Rockwood Trail/ L&F Construction) (PDF): An ordinance to approve VAC 15-5087 submitted by Fred Patrick for property located at 1005 Rockwood Trail to vacate an alley right of way.
– Pass 7-0
13. VAC 15-5157 (688 N. Whitham Ave./1st Western Bank) (PDF): An ordinance to approve VAC 15-5157 submitted by Gene Buescher for property located at 688 Whitham Ave. to vacate an alley right of way.
– Pass 6-0
14. VAC 15-5161 (2055 E. Signal Hill Depot/Butterfield Trail Village) (PDF): An ordinance to approve VAC 15-5161 submitted by Joe Perme for property located at 2055 E. Signal Hill Depot to vacate a portion of a utility easement.
– Pass 7-0
15. VAC 15-5176 (Mark Mills Lane/Summit Place SD) (PDF):: An ordinance to approve VAC 15-5176 submitted by Blew & Associates, Inc. for property located along Mark Mills Lane to vacate portions of a conservation easement.
– Pass 6-1
16. VAC 15-5177 (1375 N. Leverett Ave./Noble Oaks Apts.) (PDF): An ordinance to approve VAC 15-5177 submitted by Jorgensen & Associates, Inc. for property located at 1375 N. Leverett Avenue to vacate a portion of a utility easement.
– Pass 7-0
17. VAC 15-5178 (SW corner Joyce & Steele Blvds./CMN lots 3 & 4) (PDF): An ordinance to approve VAC 15-5178 submitted by Jorgensen & Associates, Inc. for property located at the southwest corner of Joyce & Steele boulevards to vacate portions of utility, drainage and trail easements.
– Pass 7-0
18. Amend § 156.03 Development, Parking and Loading (PDF): An ordinance to amend § 156.03 Development, Parking and Loading of the variances chapter of the Unified Development Code to establish a variance procedure for commercial, office and mixed use design and development standards.
– Pass 7-0
19. Parking Division Full-Time Equivalent Position (PDF): A resolution to authorize the addition of 1.0 full-time equivalent position to the Parking Division to provide four part-time employees to staff event parking in the Spring Street Parking Deck.
– Pass 7-0
Announcements
– Applications are now being accepted for seven open positions on the city’s newly created Civil Rights Commission.
– The city’s utility division will soon release a new online payment program (story coming soon).
– There are two bulky waste cleanup events remaining this fall.
– Business owners are urged to renew their Fayetteville business licenses by Oct. 31 to avoid late fees.
– The Hero Half Marathon is set for this Saturday.
– Free fishing is available this weekend at Lake Fayetteville and Lake Sequoyah.
Adjourned
This meeting was adjourned at 10:19 p.m.
