LIVE UDPATES: City Council Recap: Feb. 7, 2017

File photo

On the agenda

  • Denial of the Mountain Vista Subdivision preliminary plat.
  • Supporting the study and development of an Energy Action Plan.
  • Purchasing new police service weapons and holsters.
  • A $7.8 million contract with CH2M Hill Engineers for wastewater treatment services.
  • Rezoning 1.27 acres at 3535 E. Huntsville Road.
  • Changes to several sections of the city’s Unified Development Code.

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A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Feb. 7, 2017 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, Mark Kinion, Matthew Petty Mayor Lioneld Jordan, Justin Tennant, Sarah Bunch, John La Tour, Alan Long
Absent: None

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Ozark Regional Transit Semi-monthly report

2. Fayetteville Natural Heritage Association check presentation

3. Kessler Mountain Regional Park Rotary Playground Project Presentation – Presented by Rotary Club president Harrison Pittman


Consent

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

1. Approval of the Jan. 17, 2017 City Council Meeting Minutes
Pass 8-0

2. Bid No. 16-65 J.A. Riggs Tractor Company (Details): A resolution to award Bid No. 16-65 and authorize the purchase of a Genie S-45 Telescopic Boom Lift from J.A. Riggs Tractor Company of Springdale in the amount of $64,710.96 for use at the Biosolids Management Site.
Pass 8-0

3. Bid No. 16-66 Scruggs Equipment Company (Details): A resolution to award Bid No. 16-66 and authorize the purchase of an Elgin Crosswind Street Sweeper from Scruggs Equipment Company of Memphis, Tennessee in the amount of $202,265.00 for use by the Transportation Services Department.
Pass 8-0

4. Bid No. 16-67 Sweetser Construction, Inc. (Details): A resolution to award Bid No. 16-67 and authorize a contract with Sweetser Construction, Inc. in the amount of $158,422.00 for the construction of a bridge along Salem Road for the Clabber Creek Trail, and to approve a project contingency in the amount of $7,921.00.
Pass 8-0

5. Sanders Crest, Inc. (Details): A resolution to approve a one-year lease agreement with an option to renew for three additional one-year terms with Sanders Crest, Inc. for office space in the Airport Terminal Building in the amount of $780.16 per month for the first year.
Pass 8-0

6. Franklin and Son, Inc. (Details): A resolution to award Bid No. 17-21 and approve a construction contract with Franklin and Son, Inc. of Farmington, Aarkansas for the Airfield Roof Rehabilitation Project at Drake Field in the amount of $378,253.00, and to approve a project contingency in the amount of $79,374.00.
Pass 8-0

7. Bank of Fayetteville Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $1,000.00 representing donation revenue from the Bank of Fayetteville to the Fayetteville Fire Department for the annual employee service awards event.
Pass 8-0

8. CH2M Hill Engineers, Inc. Amendment No. 7 (Details): A resolution to approve a two-month extension of Amendment No. 7 to the contract with CH2M Hill Engineers, Inc. beginning Jan. 1, 2017 and ending Feb. 28, 2017 at a cost of $656,019.58 per month for operations, maintenance and management services.
Pass 8-0

9. Davis Law Firm Water Damage Claim (Details): A resolution pursuant to Fayetteville Code of Ordinances Ssection 39.10(c)(4) to authorize the mayor to pay the amount of $26,759.34 to Davis, Clark, Butt, Carithers & Taylor, PLC for a water damage claim at 15 and 19 E. Mountain St.
Pass 8-0

10. Daniel and Megan Kelsey Sewer Damage Claim (Details): A resolution pursuant to Fayetteville Code of Ordinances Section 39.10(c)(4) to authorize the mayor to pay the amount of $13,903.57 to Daniel and Megan Kelsey as reimbursement for damage to their real and personal property in addition to previous payments of $6,587.78 to ServPro for water damage mitigation services, $350.00 to WFC, Inc. for bathroom repair work, and $396.04 to Hilton Hotels for dislocation expenses.
Pass 8-0

11. Lake Sequoyah Dredging Facilities (Details): A resolution to approve a new capital project for continued construction of dredging facilities at Lake Sequoyah, and to approve a budget adjustment in the amount of $503,242.00 to fund the project.
Pass 8-0

12. Fayetteville Rentals, LLC (Details): A resolution to approve a 50/50 cost share agreement with Fayetteville Rentals, LLC for construction of a sewer main along a portion of South Street between South College Avenue and South Washington Avenue at a total estimated cost of $10,174.86 including a 20% project contingency.
Pass 8-0

13. Bid No. 17-22 Blue Ribbon Lawns, Inc. (Details): A resolution to award Bid No. 17-22 and authorize a contract with Blue Ribbon Lawns, Inc. in the amount of $169,810.24 for the installation of trees and shrubs within the median of Rupple Road between West Persimmon Street and West Martin Luther King, Jr. Boulevard, and to approve a project contingency in the amount of $15,000.00.
Pass 8-0


Unfinished Business

1. Preliminary Plat 16-5574 (Mountain Vista Subdivision) Grant Appeal (Details): A resolution to grant the appeal of City Council member Adella Gray and to deny Preliminary Plat 16-5574 (Mountain Vista Subdivision) because such development would create or compound a dangerous traffic condition in violation of § 166.02 (c)(2)(a)(iv) of the Unified Development Code.
Fail 0-8

Notes: The subject property is located north of the Fayetteville Country Club on the east side of Country Club Drive. The applicant proposes to develop the site into a 52-lot single-family subdivision, preserving the existing home on one of the lots.

The Planning Commission originally approved the project 5-3 on Dec. 12, 2016 after a significant amount of public comment and discussion. Alderwoman Adella Gray sponsored the appeal of that decision at the request of area neighbors.

Residents opposed to the project at the Jan. 3 meeting expressed concerns about traffic safety, water pressure, and emergency access.

Steve Clark, who is president of the Fayetteville Chamber of Commerce but told aldermen he was speaking as a resident, said he is in favor of the development, but has concerns about traffic safety.

The council tabled the item on Jan. 3 to allow the applicant time to consider the concerns of the neighbors, including a possible alternate entrance to the subdivision.

The applicant has said that an alternate entrance is too costly, and a representative tonight restated that belief.

Chris Brown, city engineer, said staff recorded the speeds of drivers entering the area and found that on average, vehicles travel at 34 mph when headed north on Country Club Drive, which is 9 mph over the 25 mph speed limit. At that speed, Brown said those motorists wouldn’t have enough time to see southbound vehicles turning left onto Askew Drive and then slow down to avoid a collision. He said measures to slow traffic are needed to mitigate that concern. He said with those measures in place, he believes the current proposed entrance would be the safest option.

Residents who spoke tonight said they’d like the applicant to reconsider an alternate entrance, possibly farther down the hill on Country Club Drive. They said they wouldn’t be in favor of traffic calming devices – including a stop sign at Askew Drive – because those measures are only suggestions to drivers and don’t guarantee slower speeds. A speed table, residents said, could be dangerous in winter weather.

After the initial round of public comment, Alderwoman Adella Gray moved to table the item until the council’s Ordinance Review Committee can discuss the issue and make a recommendation. Alderman Long seconded the motion.

Alderman John La Tour said the council should trust the judgement of the city engineer who believes the safest option is to keep the entrance at its current location while adding some traffic calming measures. He said he doesn’t see what would be gained by sending the issue to the Ordinance Review Committee.

La Tour said residents in the area knew that there was only once entrance to the neighborhood when they bought their homes and should’ve considered the fact that this particular undeveloped property would one day be developed and would utilize the same streets for ingress and egress.

City Attorney Kit Williams cautioned the council about denying this proposal, considering the property owner has a right to develop the land. Traffic safety, he said, is certainly one cause for considering a denial, but without significant evidence, it could be difficult to win a court case if the landowner sues the city, especially considering the city engineer has already stated that the proposed entrance is the safest option.

Mayor Jordan agreed with City Attorney Williams. He said he understands the concerns of the residents, but noted that the landowner has already fulfilled all the development requirements and is legally allowed to build on his property.

In the vote on whether to send the issue to the Ordinance Review Committee, only Gray and Long voted in favor, so the motion failed.

Council members Marsh and Kinion said they agree with the city engineer’s opinion that the proposed entrance on Askew Drive is the safest option.

In the final decision, the council voted unanimously against denial of the project.

Quick Summary: The subdivision remains approved, and may continue on as planned.

New Business

1. Walton Family Foundation Matching Grant (Details): A resolution to accept a Walton Family Foundation matching grant in the amount of $210,000.00 for the implementation of a portion of the Kessler Mountain Master Trails Plan, to authorize Mayor Jordan to sign the grant agreement, and to approve a budget adjustment.
Pass 8-0


2. 2017 Energy Action Plan (Details): A resolution to express the City Council’s support for the study and development of an Energy Action Plan in 2017.
Pass 7-1

Notes: Peter Nierengarten, the city’s director of sustainability and parking, said the majority of residents who responded to a recent survey indicated that they believe the city should prioritize energy-efficient policies and climate change preparedness, which is one of several reasons why an action plan is being proposed.

During the vote, Alderman La Tour voted against. He did not say why, but before the vote he questioned how many people responded to the survey. Nierengarten said 1,400 residents completed the survey.


3. CH2M Hill Engineers, Inc. Amendment No. 8 (Details): A resolution to approve Amendment No. 8 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,807,453.00 for services in 2017.
Pass 8-0


4. 21 West, LLC Cost Share (Details): An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with 21 West, LLC for the installation of sewer main along a portion of Meadow Street between West Avenue and Gregg Avenue, with the estimated amount to be paid by the City of Fayetteville not to exceed $36,128.00, and to approve a project contingency in the amount of $7,225.60.
Pass 8-0


5. Cruse Uniforms and Equipment, Inc. (Details): An ordinance to waive the requirements of formal competitive bidding through Dec. 31, 2018 and authorize the purchase of police service weapons and holsters from Cruse Uniforms and Equipment, Inc. in the amount of $109,237.00, and to approve a budget adjustment.
Pass 8-0


6. RZN 16-5677 (3535 E. Huntsville Rd./Harris) (Details): An ordinance to rezone about 1.27 acres described in rezoning petition 16-5677 located at 3535 E. Huntsville Road from RSF-4, Residential Single Family-Four Units Per Acre to R-A, Residential Agriculture.
Pass 8-0


7. Amend §164.02 Accessory Structures and Uses (Details): An ordinance to amend §164.02 Accessory Structures and Uses of the Unified Development Code to allow the construction of shared accessory structures.
Pass 8-0

Notes: Jeremy Pate, the city’s development services director, said there has been an uptick in infill development in town, especially in south Fayetteville. He said in order to further encourage this type of development, planning staff would like to change city code to allow the construction of accessory structures that can be shared between two homes, such as garages and storage units.

8. Amend §151.01 Definitions and §174.09 Sign Illumination (Details): An ordinance to amend §151.01 Definitions and §174.09 Sign Illumination of the Unified Development Code to repeal unneeded definitions and to remove a requirement that sign illumination in the I-540 overlay district be indirect.
Pass 8-0


Announcements

– An update to the city’s website is coming this weekend, and should be live by Monday.
– Fayetteville officials are looking to fill 16 positions on 8 of the city’s boards, commissions and committees.


Adjourned

This meeting was adjourned at 8:01 p.m.

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