File photo
On the agenda
- Nominating Committee Report
- An appeal of the Fayetteville Housing Authority’s application for a large-scale development.
- Rezoning of about 2.8 acres on Razorback Road.
- Committing $500,000 toward the possible production of a TV series.
- Selling about 9.6 acres in the Commerce District.
- Approval of the five-year Capital Improvements Plan.
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Oct. 3, 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: Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sarah Bunch, Alan Long
Absent: Adella Gray, Justin Tennant, John La Tour
» View current attendance records
City Council Meeting Presentations, Reports and Discussion Items
1. Monthly Financial Report – Paul Becker
2. Nominating Committee Report (Details): – Mark Kinion
– Pass 5-0
Housing Authority Board
Melissa Terry – One unexpired term ending 12/28/19
Consent
Consent items are approved in a single, all-inclusive vote unless pulled by a council member.
1. Approval of the Sept. 19, 2017 City Council Meeting Minutes
– Pass 5-0
2. Missy Gipson Lease Agreement (Details): A resolution to approve a short-term lease agreement with Missy Gipson for the Drake Field Terminal Building banquet area for rent in the amount of $775.00.
– Pass 5-0
3. Arkansas Department of Aeronautics (Details): A resolution to authorize the application for an 80/20 matching grant from the Arkansas Department of Aeronautics in the amount of $148,720.00 for rehabilitation of the terminal parking lot at Drake Field. (This item was pulled from Consent)
4. Bid #17-52 Cintas Corporation (Details): A resolution to award Bid #17-52 and authorize the purchase of Class C uniforms from Cintas Corporation as needed by the Fire Department through 2022, at an estimated cost of $13,728.30 per year.
– Pass 5-0
5. Bid #17-53 Rush Running Company (Details): A resolution to award Bid #17-53 and authorize the purchase of running shoes from Rush Running Company as needed by the Fire Department through 2022, at an estimated cost of $8,400.00 per year.
– Pass 5-0
6. Hutchens Construction Co. (Details): A resolution to award Bid #17-60 and authorize a contract with Hutchens Construction Co. in the amount of $26,082.00 for parking lot paving at the city-owned property occupied by the Ellen Smith Head Start program located at 2052 S. Garland Ave.
– Pass 5-0
7. Fayetteville Race Series/Special Events (Details): A resolution to approve a budget adjustment to increase funding for the Fayetteville Race Series by the amount of $10,726.00.
– Pass 5-0
8. Fayetteville Senior Activity and Wellness Center Kitchen Expansion (Details): A resolution to approve a budget adjustment recognizing Community Development Block Grant Funds in the amount of $150,000.00 for the Fayetteville Senior Activity and Wellness Center kitchen expansion, and to approve a project contingency in the amount of $50,000.00.
– Pass 5-0
9. Trail of Tears Memorializaton Historical Event (Details): A resolution to approve a payment in the amount of $4,000.00 to the University of Arkansas for costs associated with a Trail of Tears memorial, and to approve a budget adjustment.
– Pass 5-0
10. Bid #17-39 Benchmark Construction of NWA, Inc. (Details): A resolution to award Bid #17-39 and authorize a contract with Benchmark Construction of NWA, Inc. in the amount of $366,000.00 for construction of the Water and Sewer Outbuildings, to approve a project contingency in the amount of $36,600.00, and to approve a budget adjustment.
– Pass 5-0
11. McClelland Consulting Engineers, Inc. (Details): A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the amount of $107,144.55 for engineering services associated with utility relocations along Highway 16 betwen College Avenue and Huntsville Road required for Arkansas Department of Transportation Job 040579, and to approve a project contingency in the amount of $10,714.45.
– Pass 5-0
12. Hawkins-Weir Engineers, Inc. (Details): A resolution to approve a professional engineering services agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $121,800.00 for engineering services related to the Goshen and Benson Water Tank Improvements, and to approve a project contingency in the amount of $12,180.00.
– Pass 5-0
13. Scott Hancock Conveyance of a Permanent Access Easement (Details): A resolution to approve the conveyance of a permanent access easement to Scott Hancock across part of the south portion of the Gulley Road water tank property to allow a secondary point of access.
– Pass 5-0
14. Garden District Townhomes, LLC (Details): A resolution to approve a cost share agreement with Garden District Townhomes, LLC for construction of a sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue with the total cost to Garden District Townhomes not to exceed $5,611.14.
– Pass 5-0
15. Bid #17-55 A&A Service Electric Inc. (Details): A resolution to award Bid #17-55 and authorize a contract with A&A Service Electric Inc. in the amount of $810,483.00 for the installation of lighting along the Mud Creek Trail and the northern portion of the Razorback Regional Greenway, to approve a project contingency in the amount of $16,209.66, and to approve a budget adjustment.
– Pass 5-0
16. Hearth Homeless Housing Program (Details): A resolution to authorize the addition of one (1) full-time equivalent position to the Community Resources Division to hire a third case manager to provide housing services for homeless Fayetteville residents.
– Pass 5-0
Pulled from Consent
1. Arkansas Department of Aeronautics (Details): A resolution to authorize the application for an 80/20 matching grant from the Arkansas Department of Aeronautics in the amount of $148,720.00 for rehabilitation of the terminal parking lot at Drake Field.
– Tabled Indefinitely 5-0
Unfinished Business
1. Appeal of LSD 17-5775 (324 E. 12th Place/Morgan Manor Apts. Addition) (Details): A resolution to grant the appeal of City Council member Sarah Marsh and to deny the Fayetteville Housing Authority’s application for a large-scale development.
– Tabled 5-0 until Oct. 17
The project was approved 5-2-2 (Commissioners Hoffman and Quinlan voted ‘no’; Commissioners Belden and Niederman abstained).
Marsh said the project was represented to the commission as a non-profit development, but it has come to light that the development is a for-profit project. She said the applicant was misleading in their attempts to get the project approved. She also said she agrees with two commissioners who said the project doesn’t meet the city’s design goals and will contribute to problems with drainage and traffic.
Marsh said the process by which the project was presented to the commission was flawed and should go back to the drawing board.
“The process here is rotten,” Marsh said. “We need to shine a light on that.”
Council member La Tour asked why the project was approved by the commission if it was indeed presented in such a flawed manner.
City Attorney Kit Williams said although the project was first thought to be in violation of HUD requirements, it was later confirmed that the development is not in violation of any city, state, or federal statute.
Williams said with the project seemingly in compliance, commission members are only allowed to consider whether the project itself fits within the guidelines of the city’s development codes. Since the majority of the commissioners believed that the project did meet the city’s guidelines, they approved the project.
Wisdom of the proposed development and personal opinion of that project, Williams said, are not factors that can be considered.
Marsh noted that two commission members abstained from voting on the project because they had previously been told that the decision would be appealed to the City Council for further consideration.
Council member Petty suggested tabling the item for two weeks to give the applicants time to respond to Marsh’s accusations.
Oct. 3 Notes: Marsh tonight reiterated her comments from Sept. 19, including concerns that the development is not in compliance with the city’s Unified Development Code because it could lead to the creation or compounding of a dangerous traffic situation.
City Planning Director Andrew Garner cautioned the Council members about Marsh’s comments, and said he believes traffic would actually be improved if the development comes to fruition.
Housing Authority officials were in attendance and said they’re deeply disappointed in the attempt to appeal their project, which they said is simply about ensuring their residents can continue to have safe, affordable housing in Fayetteville. They said the plan has always been to remove the 40 Willow Heights units, and that this is a necessary project in order to complete that plan. They presented a petition with about 75 percent of the Morgan Manor residents who are in support of the new development.
Mayor Jordan and City Attorney Kit Williams reminded the Council members and audience that their discussion cannot be about the applicant or whether the development is a good idea, but may only be about whether the development is in compliance with the city’s Unified Development Code.
Housing Authority officials said with all the allegations presented against them at the previous meeting, they feel they should be allowed to defend themselves, and said they would’ve done so on Sept. 19, but they didn’t know about the meeting.
Mayor Jordan said the meetings are always publicized and the agendas are freely available to anyone. He said anyone who doesn’t want to speak directly to the allegation about the project not being in compliance with the city’s Unified Development Code needs to take a seat.
Housing Authority officials said they agree with Garner’s opinion that traffic would be improved by the addition to Morgan Manor. They read through a list of amenities that are closer or as close to Morgan Manor than Willow Heights.
One resident who spoke said it would not be safe for children to walk to Washington Elementary from Morgan Manor. Housing Authority officials, however, said they’ve spoken to the school district’s bus route manager who said the children who are moved to the new location will have a new school bus stop at the intersection of Wood Avenue and McClinton Street.
City Council member Mark Kinion said residents know their neighborhood better than engineers and those who author studies. He said if the neighbors believe there will be safety issues, he will side with them and vote against moving forward with the project.
City Council member Matthew Petty said he wants to be very cautious about setting a new precedent for what creates or compounds a dangerous traffic situation (referencing the fact that city staff do not believe there will be traffic issues and that the majority of Planning Commissioners agreed when casting votes in favor of the development). He said he has no desire to speculate about measures other than what city staff and Planning Commissioners have already deemed to be compliant. He said he’s reluctant to vote tonight considering there are three Council members absent, including Adella Gray who is a representative of the neighborhood in question.
Council member Alan Long moved to table the item for another two weeks. The motion passed unanimously. The discussion will continue on Oct. 17.
New Business
1. Amend § 94.05 Use of Fireworks (Details): An ordinance to amend § 94.05 Use of Fireworks to allow the Botanical Garden of the Ozarks to conduct a small fireworks display to celebrate its 10th birthday party.
– Pass 5-0
2. Starr Drive Water Cost Share (Details): An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Robert Martin, Andrew Williams, and Nick Banks for the installation of water main along a 1,520 foot portion of North Starr Drive, with the estimated amount to be paid by the City of Fayetteville not to exceed $23,950.00, and to approve a project contingency in the amount of $4,790.00.
– Pass 5-0
3. Ovivo USA, LLC (Details): An ordinance to waive the requirements of formal competitive bidding and approve the purchase of repair parts for a screening unit at the West Side Water Resource Recovery Facility from Ovivo USA, LLC in the amount of $35,252.93.
– Pass 5-0
4. RZN 17-5915 (825 S. Razorback Rd.) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5915 for approximately 2.38 acres located west of 825 S. Razorback Road from I-1, Heavy Commercial & Light Industrial to UT, Urban Thoroughfare.
– Pass 5-0
– Pass 5-0
The request comes from members of the Fayetteville Chamber of Commerce and the Arkansas Economic Development Commission’s film commission, who said Fayetteville is in competition with one other location outside of Arkansas.
Devin Howland, the city’s director of economic vitality, said with a $70 million budget, the unnamed series would be the largest film production ever in the state of Arkansas.
Arkansas Film Commissioner Chris Crane said the commission has been working on the project for about a year to get Arkansas into the final two states for consideration. Crane said it would break his heart to see the series go elsewhere since Arkansas is the setting. He said the production would place Arkansas as a character in the series, not a caricature to be portrayed with stereotypes that would paint a negative picture.
Howland said a conservative expectation of the direct sales tax revenue in Fayetteville would be about $899,000 if the production were filmed here. That’s not counting any of the indirect impacts, which, he said, would likely be in the millions.
For example, he said the total statewide economic impact would be nearly $178 million. As for locally, he said over $19 million would likely be spent locally on materials alone, not including expenditures for lodging, meals, services or shopping. The production crew for the show totals over 236 people with a payroll of about $38 million, and includes over 100 temporary jobs for local residents.
City Finance Director Paul Becker said the $500,000 would come from the city’s reserves in two equal installments over the next two years. Becker said the city’s available reserves would be at about $6 million by the end of this year.
Crane said the city could spread the money out over three fiscal years instead of two if that makes it easier to approve.
Council member Mark Kinion said while the expenditure is a large amount, the model presented in the agenda packet shows that if the production is successful, the city’s reserves would indeed be replenished.
Fayetteville Advertising and Promotion Commission Director Molly Rawn said she was first concerned about the portrayal of the city in the show, but those concerns have been alleviated after conversations she’s had about the intent of the project.
A representative from Fayetteville’s Rockhill Studios said the growth of the city’s ability to handle film productions has been slow, but steady and that Fayetteville is now in a position (from a standpoint of talent and facilities) to take on a production of the magnitude of this particular project. She said this project is a great opportunity to capitalize and expand upon that growth.
City Council members Marsh and Petty said the expected direct impact is very conservative, and that the numbers presented will easily create a return on investment that is too great to turn away.
6. Small Cell Communications Facilities (Details): An ordinance to enact § 110.03 Small Cell Facilities and Networks into Chapter 110: Telecommunication Franchise, Billposting, and Small Cell Facilities and Networks.
– Left on the first reading
7. Amend Town and Gown Advisory Committee (Details): An ordinance to amend § 33.360 Purpose and Establishment, § 33.361 Composition, and § 33.364 Meetings of Article XXIV Town and Gown Advisory Committee of the Fayetteville City Code to expand the scope of the committee’s duties; to redefine the membership of the committee to better fit the new purpose and minimiize redundancy of city and university staff on the committee; and to reduce the number of required meetings from four to two each year.
– Pass 5-0
– Tabled 5-0 until Oct. 17
Council member Kinion said the two named projects, while small, are also badly needed.
Finance Director Paul Becker said adjustments to the plan could be made on such a small level later and that a decision doesn’t necessarily have to be made tonight.
Council member Petty said he wants the master plan, but is reluctant to remove other parts of the parks plan to pay for it. He suggested taking $200,000 taken from the $500,000 Police Take-Home Vehicles Program to pay for the parks master plan. Petty said with a new bond issue looming, it would be wise to have an updated master plan that specifies where that bond money should go.
Police Chief Greg Tabor said the take-home vehicle program is one of the most asked about incentives when talking to potential new hires. He said it’s a strong issue for officers who are considering where to work, and our neighboring cities and counties all have a competitive take-home vehicle plan.
The Council agreed to table the item for two weeks. The discussion will resume on Oct. 17.
9. Amend § 34.27 Sale of Municipally Owned Real Property (Details): An ordinance to amend § 34.27 Sale of Municipally Owned Real Property of the Fayetteville Code.
– Pass 5-0
10. Sale of City of Fayetteville Property About 9.6 Acres (Details): A resolution to authorize Mayor Jordan to sell about 9.6 acres of city property in the Commerce District to the highest or best bidder.
– Tabled Indefinitely 5-0
Announcements
– The city will host a clean up event from 9:30 a.m. – 11:30 a.m. on Saturday, Oct. 14 at the Lake Sequoyah Marina.
– Another bulky waste cleanup is scheduled for this weekend. See details here.
Adjourned
This meeting was adjourned at 9:29 p.m.
