City Council recap: Dec. 1, 2015

On the agenda

  • Rezoning 200 acres along Van Asche Drive.
  • Rezoning 2.5 acres at MLK Jr. Boulevard and Stadium Drive.
  • Several changes to the city’s Parks and Recreation laws.
  • Allowing cyclists full use of city streets.
  • Purchasing 32 pairs of soccer goals for the Regional Park.
  • Naming the new disc golf course at Walker Park.
  • Renaming the Fayetteville Animal Shelter.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 1, 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, Martin Schoppmeyer, John La Tour, Alan Long (arrived late)
Absent: None
» View current attendance records


Consent

Consent items typically are approved in a single, all-inclusive vote.

1. Approval of the Nov. 3, 2015 City Council meeting minutes.
Pass 7-0

2. Ball Plaza Holdings, LLC (PDF): A resolution to approve a two-year sublease agreement with Ball Plaza Holdings, LLC for 10 parking spaces located in Off-street Parking Development District Lot 7 for the purpose of converting the spaces from metered parking to free two-hour public parking at a monthly cost of $35.00 per space.
Pass 7-0

3. CH2M Hill Engineers, Inc. Amendment No. 7 (PDF): A resolution to approve Amendment No. 7 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,872,234.00 for services in 2016.
Pass 7-0

4. Internet Crimes Against Children Task Force Program Sub-Grant (PDF): A resolution to authorize acceptance of a non-matching continuation sub-grant from the Internet Crimes Against Children Task Force Program in the amount of $9,374.00, and to approve a budget adjustment.
Pass 7-0

5. Garver, LLC Task Order No. 5 (PDF): A resolution to approve Task Order No. 5 with Garver, LLC in the amount of $45,500.00 for bid package development, bidding services, construction phase services, and closeout services associated with the Airport Taxiway Lighting Rehabilitation Project, and to approve a budget adjustment.
Pass 7-0

6. Bid No. 15-62 Permatrak North America (PDF): A resolution to award Bid No. 15-62 and authorize a contract with Permatrak North America, LLC of Charlotte, North Carolina for the purchase of a prefabricated concrete boardwalk system in the amount of $311,678.00 plus applicable taxes for installation on the Clabber Creek Trail between Rupple Road and Salem Road, and to approve a project contingency in the amount of $31,167.00.
Pass 7-0

7. Ranger’s Pantry Donations (PDF): A resolution to approve a budget adjustment in the total amount of $2,244.00 representing donations to Ranger’s Pantry and Community Development Block Grant Program income received from housing lien payoffs.
Pass 7-0

8. BSN Sports (PDF): A resolution to approve the purchase of thirty-two (32) pairs of soccer goals for the Regional Park from BSN Sports of Dallas, Texas in the amount of $85,623.00, pursuant to a U.S. Communities National Cooperative Purchasing Program contract, and to approve a budget adjustment.
Pass 7-0

9. Walker Park Waxhaws Disc Golf Course (PDF): A resolution to name the new disc golf course at Walker Park the Waxhaws Disc Golf Course in honor of the historic Archibald Yell Homestead.
Pass 7-0


Unfinished Business

1. Amend Chapter 97 Parks and Recreation (PDF): An ordinance to amend Chapter 97 Parks and Recreation of the Fayetteville City Code to allow twenty four (24) hour access to shared use paved trails; to add leash requirements for animals in certain parks; to prohibit certain activities in parks including unauthorized vehicle operation, use of paddle boards on city lakes, and shooting of model rockets; to provide for certain activities in parks including camping, horseback riding, limited vending at park events, and posting of temporary signs; and to make other technical revisions. (This item was left on the first reading during the Nov. 17 meeting.)
Left on the second reading


2. Amend § 73.04 Riding on Roadways and Bicycle Paths and § 73.05 Riding on Sidewalks (PDF): An ordinance to amend § 73.04 Riding on Roadways and Bicycle Paths to provide for the safe operation of bicycles on roadways and bicycle paths, and to amend § 73.05 Riding on Sidewalks to provide for the safe operation of bicycles on sidewalks. (This item was left on the first reading during the Nov. 17 meeting.)
Left on the second reading


New Business

1. Lib Horn Animal Shelter of Fayetteville (PDF): A resolution to rename the Fayetteville Animal Shelter the Lib Horn Animal Shelter of Fayetteville.
Pass 8-0


2. Youth Center, Inc. (PDF): An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2016.
Pass 8-0


3. Area Agency on Aging of Northwest Arkansas (PDF): An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $101,205.00 to provide public recreation services for the senior citizens of Fayetteville for 2016.
Pass 8-0


4. Ambulance Services Interlocal Agreement (PDF): A resolution to approve an interlocal agreement for continuation and expansion of ambulance services by and with the City of Fayetteville, the Washington County Regional Ambulance Authority, Washington County, Elkins, Elm Springs, Farmington, Goshen, Greenland, Johnson, Lincoln, Prairie Grove, Tontitown, West Fork, and Winslow, and to authorize the Ambulance Authority to operate Central Emergency Medical Services as the exclusive emergency and non-emergency ambulance service within the cities.
Pass 8-0


5. RZN 15-5223: (SE Corner of W. MLK Blvd. & S. Stadium Dr./Stadium & Railroad, LLC) (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5223 for approximately 2.53 acres located at the southeast corner of West Martin Luther King Jr. Boulevard and South Stadium Drive from RMF-24, Residential Multi-Family, 24 units per acre to CS, Community Services.
Pass 8-0


6. RZN 15-5214: (West of N. Gregg Ave. & W. Van Asche Dr./WG Land Company) Appeal (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5214 for approximately 186.65 acres located west of the intersection of North Gregg Avenue and West Van Asche Drive from R-A, Residential Agricultural to C-2, Thoroughfare Commercial and C-3, Central Commercial.
Left on the first reading

Notes: This request was denied by the Planning Commission last month. Both commissioners and city planners said while they do want to see the land flourish with commercial activity, they don’t agree that the area should be rezoned to the mix of requested C-2 and C-3 zones. Staff said rezoning such a large amount of land to those districts would not be in keeping with the city’s long-range planning goals which encourage pedestrian-friendly developments. Instead, they said they’d like to see at least some of the property be developed under a newer, form-based zoning district or a planned zoning district.

City attorney Kit Williams said there’s a chance of a lawsuit if aldermen deny the request because the city promised in 2008 to allow commercial rezoning of the land as part of an annexation agreement with the landowners.

“This is just not your garden variety rezoning,” said Williams on Tuesday.

He said while he, too, would like to see a smarter plan that’s more in line with the city’s long-term planning goals, he doesn’t believe the city has a choice on the matter.

He said the types of districts that Planning Commissioners and city staff would prefer had not been enacted for use in 2008 when the city agreed to one day rezone the land using a “Commercial Zoning District.” At the time, he said, there were only three commercial options available: C-1, C-2, and C-3.

“I don’t think that’s something we can force the landowners to accept,” Williams said. “We have to look at the original contract here.”

He said if successfully sued, this could be “the biggest financial problem” the city has seen in over a decade.

“I don’t think it would be worth the gamble to try and play chicken with the land owners,” Williams said.

Tom Overbey, an attorney representing the landowners, spoke to aldermen at Tuesday’s City Council meeting. He said he wasn’t there to make legal threats, and would instead like to find a solution. He presented a history of the land and encouraged aldermen to consider approving the requested rezoning.

Alderman John La Tour said the council should agree to the original contract approved by aldermen in 2008, despite current, personal feelings about the property.

Williams said he had heard that the landowners had discussed a possible compromise with city planners shortly after the Planning Commission denied the original proposal. He encouraged the landowners to consider bringing those changes to the City Council in a formal setting since aldermen will have the final decision on the matter.

The council agreed to leave the item on the first reading, and to revisit the proposal in two weeks.


7. RZN 15-5209: (NE Corner of McGuire St. & Van Asche Dr./McClinton) Appeal (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5209 for approximately 18.34 acres located at the northeast corner of McGuire Street and Van Asche Drive from R-A, Residential Agricultural to C-2, Thoroughfare Commercial and C-3, Central Commercial.
Left on the first reading


Adjourned

This meeting was adjourned at 7:45 p.m.