City Council Recap: Dec. 6, 2016

File photo

On the agenda

  • Approving the Macey Drive Townhomes off Mount Comfort Road.
  • Rezoning 70 acres at Rupple and Mount Comfort roads.
  • Rezoning 0.3 acres at MLK Jr. Boulevard and Hill Avenue.
  • Rezoning 23 acres northeast of McGuire Street and Van Asche Drive.
  • Rezoning 27 acres on Starr Road.
  • Rezoning 0.8 acres at 2350 W. Wedington Drive.
  • Rezoning 3.7 acres at 1777 S. Smokehouse Trail.
  • Rezoning 8.95 acres at Gregg Avenue and Drake Street.
  • Adopting a new recycling master plan.
  • Approving several city contracts with area groups.
  • Adopting the 2017 budget.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 6, 2016 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.


Roll Call

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

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Mayor Confirmation of the Public Facilities Board Appointment – Mayor Jordan
Pass 5-0*
* Schoppmeyer arrived after this vote


2. Report of Operating Results for the 3rd quarter 2016 – Paul Becker


Consent

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

1. Approval of the Nov. 15, 2016 City Council Meeting Minutes
Pass 6-0

2. Community Resources Department Donations (Details): A resolution to approve a budget adjustment in the total amount of $33,355.00 representing donations to Ranger’s Pantry and the Senior Giving Tree and Community Development Block Grant Program Income received from four housing lien payoffs.
Pass 6-0

3. Fire Station No. 5 Ice Machine Purchase (Details): A resolution to approve a budget adjustment in the amount of $3,593.00 recognizing revenue from the sale of used generators on Govdeals.com and increasing the related expense budget for the purchase of an ice machine for Fire Station No. 5.
Pass 6-0

4. Arkansas State Highway and Transportation Department Mud Creek Trail (Details): A resolution to approve an agreement of understanding with the Arkansas State Highway and Transportation Department for the acceptance of an 80/20 Arkansas Transportation Alternatives Program federal-aid grant in the amount of $500,000.00 for the installation of lighting along Mud Creek Trail and portions of the Razorback Regional Greenway, and to approve a budget adjustment.
Pass 6-0

5. Arkansas State Highway and Transportation Department Maple Street to Frisco Avenue (Details): A resolution to approve an agreement of understanding with the Arkansas State Highway and Transportation Department for the acceptance of an 80/20 Arkansas Recreational Trails Program grant in the amount of $56,000.00 for the repair of a damaged section of the Razorback Regional Greenway from Maple Street to Frisco Avenue, and to approve a budget adjustment.
Pass 6-0

6. 2017 T-Hangar Lease Agreements (Details): A resolution to approve T-Hangar lease agreements in 2017 at the current rental rate or as adjusted upward by the airport board for all T-Hangars rented at the Fayetteville Executive Airport.
Pass 6-0

7. Kansas E3, LLC (Details): A resolution to approve an agreement with Kansas E3, LLC for the hauling and recycling of solid waste generated from construction and demolition activities in the City of Fayetteville.
Pass 6-0

8. Ground-Cherry Creek (Details): A resolution to name the unnamed tributary on the south side of Kessler Mountain Regional Park “Ground-Cherry Creek.”
Pass 6-0

9. RFP No. 16-07 Lake Sequoyah Marina Operator Contract (Details): A resolution to award RFP No. 16-07 and approve the Lake Sequoyah Marina operator contract with Michael McBride in the amount of $22,800.00 for services in 2017, with automatic renewals for up to four additional one year terms contingent upon annual budget approval.
Pass 6-0

10. Amended Restated Articles of Incorporation of the Walton Arts Center Foundation, Inc. (Details): A resolution to approve the amended and restated articles of incorporation of the Walton Arts Center Foundation, Inc. and to authorize Mayor Jordan’s signature thereon.
Pass 6-0

11. City and Community Access Television, Inc. d/b/a Your Media (Details): A resolution to approve a renewal of the contract with Community Access Television, Inc. d/b/a Your Media in the amount of $157,520.04 for the provision of public access television services and the operation of the public access television channel through 2017, contingent on approval of the 2017 annual city budget.
Pass 6-0


Unfinished Business

1. RZN 16-5550 (2155 N. Rupple Rd./Hazen) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5550 for approximately 70 acres located east and west of Rupple Road and south of Mount Comfort Road from RSF-1, Residential Single Family, 1 unit per acre; RSF-4, Residential Single Family, 4 units per acre and R-A, Rresidential Agricultural to CS, Community Services and R-A, Residential Agricultural.
Fail 3-3

Notes: Jim Hazen, who owns the property, has said his farm has been the scene of many construction projects through the years, including the installation of water mains and sewer systems through his land to help ensure the development of the neighboring subdivisions. He noted that the upcoming Rupple Road improvement project will further divide his land with a new roadway and bridge. He urged the council and the neighbors who have benefitted from the division of his land to support his rezoning request so he can move forward with plans for the property.

Some nearby residents are concerned the area doesn’t have the proper infrastructure to handle development, especially the intersection at Rupple and Mount Comfort roads.

Mayor Jordan last month reminded the council that the intersection at Rupple and Mount Comfort will be completely redesigned and realigned next year.

Two residents who spoke tonight said they’ve lived in the area for many years and they believe that development at Rupple and Mount Comfort makes good sense.

Ward 4 Alderman Alan Long said he’s heard from several concerned residents, many who are worried about being able to cross Mount Comfort Road near Rupple. Long said he believes the issue would be properly addressed once the intersection is rebuilt next year.

Long asked Hazen if he anticipates developing his property before the road is improved. Hazen said it could take up to three years before a plan is finalized and constructed. City Engineer Chris Brown said he thinks the road improvements will begin in mid-2017 and last 12 to 18 months.

During the final vote, the request failed. Gray, Marsh and Petty voted in favor of the rezoning, while Tennant, Schoppmeyer, and Long voted against.


2. Appeal of LSD 16-5488 the Macey Drive Townhomes (Details): A resolution to grant the appeal of Tim Briseiel of Legacy Ventures and to approve LSD 16-5488 Macey Drive Townhomes.
Tabled until Dec. 20

Notes: The proposed development would include 11 structures with 57 units.

City planning staff are in favor of the project, but the development was denied by the Planning Commission by a vote of 5-3 based on the concerns of some neighbors who were worried about the potential impact the project could have on traffic safety in case of an emergency.

Alderman Long said he also has concerns about traffic safety. Long said the neighborhood that this proposal is adjacent to – and would be accessed from – frequently includes several cars parked on the streets, which limits the width of the roadway and could make it difficult to navigate in the event of a fire or other emergency.

Tim Briseiel of Legacy Ventures said he is looking at the possibility of adding a trail connecting the property to Shiloh Drive to create a secondary entrance for emergency vehicles.

Alderman Long requested the item be held for another two weeks to allow more time to consider the trail idea, and for the city to explore ways to calm traffic in the area. Alderman Tennant agreed, and said he’d like to look at the area more closely before voting.

Alderman Petty said the area has no history of traffic or safety issues, and said he’s in favor of the new development. Alderwoman Gray agreed, and reminded the council that the city’s fire chief has already approved the proposed development, stating that he has no safety concerns.

Long motioned to table the item until the Dec. 20 meeting. The motion passed 4-3 with Mayor Jordan voting in favor. Gray, Marsh and Petty voted against the tabling.


3. UARK Credit Union Rezoning Appeal (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5589 for approximately 0.37 acres located at 714 W. Martin Luther King Blvd. and 511 Hill Ave. from RMF-40, Residential Multi Family, 40 units per acre to C-1, Neighborhood Commercial.
Pass 5-1

Notes: Alderwoman Marsh has questioned why the applicant didn’t request one of the city’s form-based zoning districts, which promote walkability.

Blake Jorgensen, who represented the UARK Credit Union at the meeting, said the center of the property is already zoned C-1, so changing the two outer sections to a form-based zoning wouldn’t make sense. He said he understands why Marsh would prefer to see a form-based zoning, but told the council the bank is planning to build a walkable building that will include improved sidewalks regardless of the zoning.

Marsh said she is excited about the idea of the bank building a new location at the intersection, but said she couldn’t support the rezoning request in its current form. She said walkability would only be guaranteed if a form-based zoning is used.

Alderman Petty asked why the bank is requesting a rezoning if the building could be designed under the current zoning.

Jorgensen said the bank’s parking lot could not be built the way they want it under the current zoning without a conditional use permit.

Alderwoman Sarah Marsh motioned to rezone the entire property – including the outer lots – to Community Services, a form-based zoning.

City Attorney Kit Williams said Marsh’s motion is out of order, and said the residents in the area would need to be notified before the other two lots are rezoned.

Petty said he understands the situation Jorgensen and the bank are in, and because of that he would likely support the request. But, he said, he believes they’d have been better served by going in a different direction from the start.

Both Petty and Marsh said they’re disappointed that applicants are continuing to request outdated land zonings in an area so close to downtown and Fayetteville High School.

“Southside deserves better than this,” said Marsh. “Our citizens have asked for a walkable city. This is the antithesis of that.”

The request passed, with only Marsh voting against.


4. WG Land Company Appeal (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5590 for approximately 23 acres located northeast of McGuire Street and Van Asche Drive from C-2, Thoroughfare Commercial and C-3, Central Commercial to C-3, Central Commercial.
Fail 4-1

Notes: There was no discussion about this item.

Gray, Tennant, Schoppmeyer and Long voted in favor. Petty was the only alderman to vote against, but the ordinance needed five affirmative votes to pass. Marsh stepped out of the room shortly before the vote, and Mayor Jordan declined to cast a vote.


5. RZN 16-5609 (1764 N. Starr Rd./Hays) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5609 for approximately 26.83 acres located at 1764 N. Starr Road from RSF-1, Residential Single Family, 1 unit per acre to RSF-4, Residential Single Family, 4 units per acre.
Pass 6-0


6. RZN 16-5633 (2350 W. Wedington Dr./Upton) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5633 for approximately 0.80 acres located at 2350 W. Wedington Dr. from RSF-4, Residential Single Family, 4 units per acre to NS, Neighborhood Services.
Pass 6-0


7. RZN 16-5598 (1777 S. Smokehouse Trail/Ozark Mountain Smokehouse) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5598 for approximately 3.74 acres located at 1777 S. Smokehouse Trail from R-A, Residential Agricultural to UT, Urban Thoroughfare.
Pass 6-0


8. Amend § 31.18 District Judge Compensation (Details): An ordinance to amend § 31.18 District Judge Compensation because the District Judge of Washington County District Court, Fayetteville Department will on Jan. 1, 2017 become a full-time state employee.
Pass 6-0


9. Amend § 33.350 Purpose and Establishment and § 33.351 Composition (Details): An ordinance to amend § 33.350 Purpose and Establishment and § 33.351 Composition of Article XXIII Active Transportation Advisory Committee of the Fayetteville City Code to expand the scope of the committee’s duties, to recommend that the City Council appointee should also serve on the Transportation Committee, and to establish a time for the election of the committee chair.
Left on the second reading


New Business

1. Special Needs Assistance Program Grant Agreements (Details): A resolution to approve the renewal of four Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $380,278.00 for the city to administer programs to assist homeless Fayetteville residents, and to approve a budget adjustment.
Pass 6-0


2. Fayetteville Youth Center, Inc. (Details): 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 2017 contingent upon approval of the 2017 city budget.
Pass 6-0


3. Area Agency on Aging of Northwest Arkansas (Details): 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 $98,887.00 to provide public recreation services for the senior citizens of Fayetteville for 2017, contingent on approval of the 2017 annual city budget and work program.
Pass 6-0


4. The Field Shop, Inc. Change Order (Details): An ordinance to waive the requirements of formal competitive bidding and approve a change order to the contract with The Field Shop, Inc. of Little Rock to expand the scope of services to include the purchase and installation of a video production digital server and archive system and relocation of the recording transfer station at the Television Center.
Pass 6-0


5. Solid Waste Reduction, Diversion and Recycling Master Plan (Details): A resolution to adopt the Solid Waste Reduction, Diversion and Recycling Master Plan as developed by Kessler Consulting, Incorporated.
Tabled until mid-February

Notes: This proposal was brought forward after the City Council voted to pursue a new plan that would help increase the city’s trash diversion rate from 18 to 80 percent.

For more about the proposal, see our story.


Mitch Kessler and Robin Mitchell from Kessler Consulting gave a half-hour presentation about the plan.

Mayor Jordan said aldermen who are absent tonight requested this item be left on the first reading so they could have a chance to weigh in and vote.

Residents who spoke Tuesday were both in favor and against the idea of single stream recycling.

A representative of the Benton County Solid Waste District said the district is in favor of single stream and would like to explore possible partnerships with Fayetteville.

Many residents who were against single stream said there are other cities that have high rates of contamination (which means lower rates of actual recycled material after it’s collected).

Kessler said cities that use older sorting facilities do indeed have high contamination rates, but said a state-of-the-art facility generally sees only a 15 percent rate of contamination.

One resident said she takes an “if it ain’t broke don’t fix it” approach and cautioned the city against moving forward with a new program without more study and examination of single stream recycling in other cities.

Another resident said she was disappointed that a dual stream recycling system wasn’t recommended. Dual stream, she said, could lead to lower contamination rates because it requires the resident to do initial sorting instead of tossing everything into one bin. Kessler said cities that have converted from dual to single stream have seen a doubling in their tonnage of collected recyclable materials.

Several residents said more education about Fayetteville’s desire to increase recycling could lead to a higher diversion rate. Kessler agreed, and said his company’s plan proposes increased education efforts at each phase of implementation.

A representative from Ripple Glass in Kansas City, the company that currently buys Fayetteville’s recycled glass, said the company’s experience with single-stream has been poor, and leads to high rates of contamination. Kessler responded and said a high-quality sorting machine will meet Ripple’s required contamination standards.

A representative from Fayetteville Public Schools said the commercial food waste pilot program that Happy Hollow Elementary School participated in was successful, and said the district looks forward to implementing the program at all of its schools. A restaurant owner who also participated in the pilot program made similar comments.

A representative from the Boston Mountain Solid Waste District said the district is in favor of the proposed plan.

After over two hours of public comment, the City Council members weighed in.

Alderman Long and Alderman Tennant said they aren’t convinced the city’s goals will be attained by moving to single stream.

Tennant said he doesn’t believe the market will support single stream, and said the majority of constituents he’s spoken to are against the idea in general.

Both Tennant and Long said they would like to vote tonight to reject the proposed plan.

Alderman Petty said he was surprised by the all-or-nothing approach that a denial of the plan would mean. He said single stream recycling is only one part of the proposed plan, and that it could be removed or rejected moving forward without throwing out the entire plan. He said he would rather table the issue tonight and explore possible revisions.

Alderwoman Sarah Marsh said she supports the plan, citing the excitement expressed by those who participated in the pilot programs which studied the feasibility of the proposed phases. She said she prefers single stream recycling because curbside recycling is dangerous and is an unacceptable condition to put employees into, speaking to the city’s 50 percent attrition rate for curbside sorters. Marsh said she also hopes the issue is tabled tonight instead of rejected outright.

Mayor Jordan said there are things he’s concerned about in the plan, but there are also things he thinks are very good.

Petty moved to table the issue until the second meeting in February. Alderwoman Gray seconded the motion. The motion to table passed 4-3 with Gray, Marsh, Petty and Mayor Jordan voting in favor. Tennant, Schoppmeyer and Long voting against the tabling.


6. RZN 16-5624 (SW Corner of Gregg Ave. & Drake St./Drake St. Holdings, LLC) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5624 for approximately 8.95 acres located at the southwest corner of Gregg Avenue and Drake Street from RMF-24, Residential Multi Family, 24 units per acre to CS, Community Services.
Pass 6-0


7. VAC 16-5582 (41 E. North St./Andona Properties) (Details): An ordinance to approve VAC 16-5582 submitted by Andrea Fournet to vacate the unbuilt Pike Street right-of-way between Highland and Pollard Avenue.
Left on the first reading


8. 2017 Annual Budget and Work Program (Details): A resolution to adopt the 2017 Annual Budget and Work Program.
Pass 6-0

Notes: Alderman Tennant said he was pleased to see another proposed balanced budget, which is something the city has adopted seven times in the last eight years.

Alderwoman Gray said she’d like to see more money put into recruiting and retaining police officers, but said she’s pored over the budget and couldn’t find a place to pull from. She said she doesn’t want to inhibit the council from adopting a balanced budget, but said she wanted her feelings about emergency services on record.

Alderwoman Marsh said she, too, had things she would’ve liked to see funded at higher levels – including sidewalk construction – but said she is committed to passing a balanced budget and would not be making any amendments.


Announcements

– As a reminder, tomorrow’s ribbon-cutting ceremony for the recently restored historic bridges has been postponed to a later date.


Adjourned

This meeting was adjourned at 10:39 p.m.

TAGGED