City Council recap: Dec. 15, 2015

On the agenda

Rezoning 200 acres along Van Asche Drive.
Several changes to the city’s Parks and Recreation laws.
Allowing cyclists full use of city streets.
Approving the 2016 Transportation Division Overlay and Sidewalk Projects.
Various staff-initiated rezonings for expired PZDs.

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 15, 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
Absent: None
» View current attendance records

City Council Presentations

1. Nominating Committee Report – We’ll try to post the names of the approved volunteers sometime after tonight’s meeting.
– Pass 7-1

Notes: La Tour voted against. He did not say why.

Consent

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

1. Approval of the Nov. 17 and Dec. 1, 2015 City Council meeting minutes.
– Pass 7-0

2. Garver, LLC Amendment No. 1 (PDF): A resolution to approve Amendment No. 1 to the contract with Garver, LLC in the amount of $9,293.75 to add bidding phase services for the water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 – Interstate 49 and Highway 112 Interchange.
– Pass 7-0

3. Bid No. 15-60 Red River Pump Specialists, Inc. (PDF): A resolution to award Bid No. 15-60 and authorize the purchase of a trailer mounted diesel powered water pump from Red River Pump Specialists, Inc. in the amount of $71,575.00 plus applicable taxes for use at the Biosolids Management Site.
– Pass 7-0

4. Clay Maxey Motor Sports (PDF): A resolution to authorize the purchase of a Kawasaki Mule from Clay Maxey Motor Sports of Harrison, Arkansas in the amount of $14,000.00 for use by the Police Department, and to approve a budget adjustment.
– Pass 7-0

5. Lake Fayetteville Boat Dock Operator Contract (PDF): A resolution to approve the Lake Fayetteville Boat Dock operator contract with Alvaro Perea in the amount of $40,188.00 for services in 2016, with automatic renewals for up to four additional one year terms.
– Pass 7-0

6. Ozark Floor Company and G&W Diesel Service Donation Revenue (PDF): A resolution to approve a budget adjustment in the total amount of $700.00 representing donation revenue from Ozark Floor Company and G&W diesel service to the Fayetteville Fire Department for the annual employee service awards event.
– Pass 7-0

7. HAZMAT Services Revenue (PDF): A resolution to approve a budget adjustment recognizing HAZMAT services revenue received by the Fire Department from Washington County in the amount of $3,233.00 and increasing the related expense budget.
– Pass 7-0

8. TEC, The Employment Company d/b/a TEC Staffing Services (PDF): A resolution to approve a one-year contract with automatic renewals for four additional one year terms with TEC, The Employment Company d/b/a TEC Staffing Services for temporary staffing services for varying hourly rates by job category.
– Pass 7-0

9. Daugherty & Daugherty Investments, LLC d/b/a 1st Employment Staffing (PDF): A resolution to approve a one-year contract with automatic renewals for four additional one year terms with Daugherty & Daugherty Investments, LLC d/b/a 1st Employment Staffing for temporary staffing services for varying hourly rates by job category.
– Pass 7-0

10. Federal and State Law Enforcement Forfeitures Revenue (PDF): A resolution to approve a budget adjustment in the total amount of $37,581.00 recognizing revenue associated with federal and state law enforcement forfeitures.
– Pass 7-0

11. Fayetteville Police Department Donation Revenue (PDF): A resolution to approve a budget adjustment in the total amount of $6,961.00 recognizing donation revenue to the Fayetteville Police Department in support of general recognition and officer service awards.
– Pass 7-0

12. CDW-Government (PDF): A resolution to approve the purchase of forty (40) Sierra Wireless Gateway Modems and Antennas from CDW-Government in the amount of $31,330.08 plus applicable taxes, pursuant to a National Intergovernmental Purchasing Alliance Contract, for use by the Police Department.
– Pass 7-0

13. Bid No. 15-65 Wanco, Inc. (PDF): A resolution to award Bid No. 15-65 and authorize the purchase of a portable video surveillance trailer from Wanco, Inc. of Arvada, Colorado in the amount of $58,212.00 plus applicable taxes for use by the Police Department.
– Pass 7-0

14. Metova, Inc. (PDF): A resolution to approve and certify the participation of Metova, Inc. in the Arkansas Tax Back Program and to agree to authorize DF&A to refund city sales tax back to Metova, Inc.
– Pass 7-0

15. Pacific Vet Group-USA, Inc. (PDF): A resolution to approve a land sale agreement with Pacific Vet Group-USA, Inc. to sell about 24 acres in the Fayetteville Commerce District (formerly Industrial Park) back to the city in exchange for the cancellation of the remaining indebtedness owed to the city.
– Pass 7-0

16. Lib Horn Animal Shelter (PDF): A resolution to authorize Mayor Jordan to sign any and all documents necessary to accept, collect, receive and/or transfer all of the assets given by Lib Horn to the Lib Horn Animal Shelter of Fayetteville.
– Pass 7-0

Notes: Long abstained from the Consent Agenda vote due to a noted personal conflict of interest.

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 second reading during the Dec. 1 meeting.)
– Pass 8-0

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 second reading during the Dec. 1 meeting.)
– Pass 7-1

Notes: Amended 7-1 (La Tour voted against) to adopt language recently approved by the Active Transportation Advisory Committee. La Tour voted against the ordinance. He said he is not against bicyclists, but said he wasn’t sure “what is in the ordinance” and that there might be something hidden in the language that he doesn’t agree with so he couldn’t support it. Mayor Lioneld Jordan said the full proposed amendment language was delivered to each alderman about two weeks ago.

3. 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. (This item was left on the first reading during the Dec. 1 meeting.)
– Pass 7-1

Notes: Alderwoman Marsh voted against.

During the discussion, Marsh said however the property is handled will have lasting effects on the city in the future. She said the council has a responsibility to make the highest and best use of the property, and that would include a very dense mix of residential, office and commercial developments. Marsh said a form-based zoning would best serve the area, and could accommodate a wide variety of commercial projects.

Assistant City Attorney Blake Pennington said although form-based zonings may be better tools to use when rezoning commercial property, the original contract with the landowners was written before those zoning types were adopted in Fayetteville. He said the City Attorney’s office still recommends rezoning the property as the landowner is asking in order to ensure the city avoids a lawsuit.

Alderman La Tour said the city should honor the original agreement using the zonings that were in place when the contract was drafted.

Mayor Jordan, who was on the City Council when the contract was approved in 2008, said he believed it would one day be rezoned to C-1, C-2 or C-3 when he voted in favor of the agreement. He said while he would rather see the land developed using a form-based zoning, he thinks it is too risky to do anything other than what the applicant is asking for.

Alderwoman Gray said the council should do now what it said it would do in 2008. She said it was “totally out of the question” to ask the landowners to accept a newer zoning district that didn’t exist when the original agreement was made.

Alderman Petty said although it’s against his better judgement, he would be supporting the applicant’s request because it’s too much of a legal risk to do anything else. He called the original agreement a “very poorly thought out promise” that was made by the previous city administration, but said it was time to move on.

Alderman Kinion said he was disappointed to have to vote in favor of the outdated zoning districts, but said a promise is a promise. “The bottom line is we have to keep our word,” said Kinion.

4. 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. (This item was left on the first reading during the Dec. 1 meeting.)
– Pass 6-1

Notes: Marsh voted against. Long was absent during the vote. This property is located directly adjacent to the land in the previous agenda item, but it was not a part of that contract. The request is to also use C-2 and C-3 zoning districts. Like the previous item, city staff and the Planning Commission voted against the applicant’s request. The Assistant City Attorney Pennington said the city would not be at risk of a lawsuit if it denied the request.

New Business

1. Bid No. 15-64 Rogers Iron and Metal Corporation (PDF): A resolution to award Bid No. 15-64 to Rogers Iron and Metal Corporation for the removal and recycling of scrap metal items for an amount established in the seventh effective issue each month of the American Metal Market Automobile Scrap Index for the Arkansas/Tennessee market less Rogers Iron and Metal Corporation’s operating costs in the amount of $89.00 per ton for a period of one year with automatic extensions for four additional one year terms.
– Pass 8-0

2. Bid No. 15-63 Modern Control Access, Inc. (PDF): A resolution to award Bid No. 15-63 and authorize a contract with Modern Control Access, Inc. for the construction of security fencing, gates, and gate controls at the Police Department parking lot at the southeast corner of South Block Avenue and West Rock Street in the amount of $66,970.00, and further approves a 10% project contingency in the amount of $6,697.00.
– Pass 7-1

Notes: Alderman Petty voted against. He said he didn’t feel like the fence was worth the cost, considering part of the reasoning for building it was to provide a simple convenience to police staff. Alderwoman Marsh said a tall fence in the downtown area wasn’t appropriate, but eventually voted in favor of the resolution.

3. 2016 Transportation Division Overlay and Sidewalk Projects (PDF): A resolution to approve the Transportation Division Overlay and Sidewalk projects list for 2016.
– Pass 7-1

Notes: Alderman La Tour said he would rather have a sidewalk on Halsell Road than on North Palmer Avenue. Having a sidewalk on Halsell is a request he made when the council was considering the 2015 Transportation Division Overlay and Sidewalk projects list.

La Tour, who lives at the intersection of Halsell and Oliver Avenue on land where he rents tailgating lots to fans during Razorback football games, said earlier this year it would make more sense to route gameday pedestrian traffic along Halsell rather than to the south.

City staff granted his request and added Halsell Road to the 2016 list, but the council’s Transportation Committee removed the road from this year’s plan and instead proposed building a sidewalk on Palmer from Markham Road to West Center Street.

Alderman Long said a sidewalk on Palmer is part of a plan several years in the making to provide a complete route from Wedington to the campus by way of the neighborhoods to the west of Donald W. Reynolds Razorback Stadium. He said he’s not against a sidewalk on Halsell, but said he’d rather complete the final piece of the route to campus first.

La Tour voted against.

4. The Field Shop, Inc. (PDF): A resolution to approve a contract with The Field Shop, Inc. of Little Rock to design, purchase and install upgraded audio-visual equipment in the City Council Chamber and City Hall Room 326 in the amount of $186,168.00 plus applicable taxes and a project contingency in the amount of $16,500.00; and upgraded audio-visual and broadcast system equipment in the Television Center in the amount of $218,546.46 plus applicable taxes and a project contingency in the amount of $5,000.00.
– Pass 8-0

5. RZN 15-5194 Depalma Addition (various expired PZD locations/expired PZDs) (PDF): An ordinance to rezone that property described in rezoning petition RZN 15-5194 for approximately 10.04 acres located at the south end of Anson Street from R-PZD 05-1798 (DePalma Addition) to RSF-4, Residential Single Family, 4 units per acre.
– Pass 7-0