File photo
On the agenda…
- Applying for grants to help fund lights on the Gulley Park and Rupple Road trails.
- Applying for a grant to help fund Fulbright Expressway tunnel improvements.
- Approving a permit for a new bar on Prairie Street.
- Approving and adopting the Welcoming Fayetteville Plan.
- Approving the city-wide 2018 Employee Compensation Adjustment.
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, April 3, 2018 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, Mayor Lioneld Jordan, Sarah Bunch, John La Tour, Kyle Smith
Absent: Justin Tennant
» View current attendance records
City Council Meeting Presentations, Reports and Discussion Items
1. Monthly Financial Report: City Finance Director Paul Becker
2. Advertising and Promotion Commission Appointment (Details): – Ching Mong Re-appointment
– Pass 7-0
Consent
Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member.
1. Approval of the March 20, 2018 City Council Meeting Minutes
– Pass 7-0
2. Flying Investments, LLC (Details): A resolution to approve the agreement for assignment of a ground lease for airport property located at 4564 S. School Ave. from Flying Investments, LLC to Walker Flight Services, LLC.
– Pass 7-0
3. Arkansas Department of Aeronautics 80/20 Grant (Details): A resolution to authorize acceptance of an Arkansas Department of Aeronautics 80/20 grant in the amount of $135,900.00 for the Airport Terminal Parking Lot Rehabilitation Project, and to approve a budget adjustment.
– Pass 7-0
4. Bid #18-17 Goodwin & Goodwin, Inc. (Details): A resolution to award Bid #18-17 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of $292,955.00 for the Dinsmore Trail Water Main Replacement Project, and to approve a project contingency in the amount of $43,943.25.
– Pass 7-0
5. Bid #18-22 Insituform Technologies, LLC (Details): A resolution to award Bid #18-22 and approve a one-year contract with Insituform Technologies, Inc. with the option to renew for up to four additional one-year terms for as-needed rehabilitation of sanitary sewer mains and service connections using the cured-in-place pipe method.
– Pass 7-0
6. Land Sale Proceeds (Details): A resolution to approve a budget adjustment in the amount of $5,000.00 allocating funds from the sale of city property at the northwest corner of Razorback Road and Sligo Street to the Cato Springs Trail Lighting Project.
– Pass 7-0
7. Razorback Regional Greenway – Fulbright Expressway Tunnel Improvements (Details): A resolution to express the willingness of the City of Fayetteville to utilize federal-aid Recreational Trails Program funds for Razorback Regional Greenway – Fulbright Expressway Tunnel Improvements.
– Pass 7-0
8. Gulley Park Trail Lighting (Details): A resolution to express the willingness of the City of Fayetteville to utilize federal-aid Transportation Alternatives Program funds in an amount up to $140,000.00 for lighting of the trail around Gulley Park.
– Pass 7-0
9. Rupple Road Trail Lighting (Details): A resolution to express the willingness of the City of Fayetteville to utilize federal-aid Transportation Alternatives Program funds in an amount up to $440,000.00 for lighting of the Rupple Road Trail from Persimmon Street to Martin Luther King, Jr. Boulevard.
– Pass 7-0
10. Park Land Dedication Funds (Details): A resolution to approve a budget adjustment in the total amount of $360,000.00 recognizing parkland dedication fees from the northeast, northwest, and southwest park quadrants to be used for a rowing dock with canoe and kayak launch area at Lake Fayetteville, improvements to Gregory Park, and replacement of two trail bridges at Wilson Park.
– Pass 7-0
11. RFQ 18-01, Dewberry, Martin and Martin Consulting Engineers (Details): A resolution to approve a contract with Dewberry, Martin and Martin Consulting Engineers, pursuant to RFQ 18-01, for an update to the 2005 Facilities Need Assessment for the Fayetteville Police Department in the amount of $19,900.00, and to approve a budget adjustment.
– Pass 7-0
12. Bid #18-18 Petroleum Traders Corporation (Details): A resolution to award Bid #18-18 and approve a one-year contract with Petroleum Traders Corporation for bulk fuel purchases with the option to renew for up to four additional one-year terms.
– Pass 7-0
Unfinished Business
None
New Business
1. Dinosaur Sr., Inc. d/b/a Prairie Street Bar & Taproom Private Club Permit (Details): An ordinance to approve the application of Dan G. Daniel, on behalf of Dinosaur Sr., Inc. d/b/a Prairie Street Bar & Taproom for a permit to operate as a private club in the City of Fayetteville at 495 W. Prairie Street #103.
– Pass 6-0
Council member Petty said he is the landlord of this address. He recused himself from the discussion and vote.
There was no public comment during the discussion on Tuesday.
– Fail 1-6
A tree preservation easement was created in 2001 when JD China was built. After the restaurant closed in 2016, the owners requested (and were approved for) a lot split that created two parcels. One lot included 1.09 acres and was sold to Raising Cane’s to build a new restaurant. The remaining 0.67-acre lot is almost entirely covered in the tree preservation area required when JD China was built.
The applicant wants to abolish the remaining tree preservation to facilitate the sale of the remaining lot, but city staff said approving this request would set a precedent that would allow property owners to utilize lot splits to thwart tree preservation requirements and then later vacate the tree preservation easement allowing sale of the parcel.
“Essentially, this would create a loophole for developers to avoid having long-term tree preservation easements,” wrote John Scott, the city’s urban forester, in a memo to the mayor and City Council. “Abolishing the tree preservation easement would negate the responsibility of the property owners to preserve trees.”
Scott said Tuesday the applicant requested the item be tabled.
Petty said he’d like to vote tonight, but La Tour said he’d like to give the applicant a chance to present a case. He motioned to table and Bunch seconded. Kinion said he’d also like to vote tonight.
The vote to table failed 2-5 with only La Tour and Bunch voting in favor.
Will Dockery, a member of the Urban Forestry Advisory Board, spoke Tuesday and asked the council to deny the request.
Kinion moved to deny the resolution. Smith seconded.
The request was denied with only La Tour voting to approve.
3. VAC 18-6119 (2021 E. Mission Blvd./Mission Heights) (Details): An ordinance to approve VAC 18-6119 for property located at 2021 E. Mission Blvd. to vacate a portion of a water and sewer right-of-way grant.
– Pass 7-0
- Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer’s expense.
There was no public comment during the discussion on Tuesday.
4. VAC 18-6120 (Nettleship between Graham & Razorback/Nettleship St. Row) (Details): An ordinance to approve VAC 18-6120 for property located along Nettleship Street between South Graham Avenue and South Razorback Road to vacate a portion of street right-of-way.
– Left on the first reading
- Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer’s expense.
- The vacated portion of Nettleship right-of-way is to remain as a drainage and utility easement;
- The proposed extension of Leroy Pond shall be constructed in accordance with City of Fayetteville details and unless a variance is approved by the Planning Commission, shall be designed in accordance with the City’s Master Street Plan Local Street section; and
- The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final and prior to any damage or removal of the portion of Nettleship Street to be vacated.
Staff requested the item be left on the first reading to allow time to tweak the conditions to both parties’ liking.
There was no public comment during the discussion on Tuesday.
5. ADM 18-6123 (751 N. Salem Rd./Forest Hills PZD Amend) (Details): An ordinance to amend the Forest Hills Residential Planned Zoning District (07-2793) to add Use Unit 14, Hotels, Motel, and Amusement Facilities to the permitted uses within Planning Area 2.
– Pass 7-0
- All conditions of approval from the previously approved Forest Hills R-PZD 07-2793 shall apply;
- In addition to those architectural standards proposed by the applicant, this development shall be subject to all requirements of the Commercial, Office, and Mixed-use Design and Development Standards;
- Approval of this R-PZD modification does not grant approval of the development details for the project. The proposed hotel will be required to be reviewed for compliance with all Unified Development Code requirements as part of the standard development review process; and
- The attached zoning requirements will be in addition to all previous zoning regulations on the subject property.
There was no public comment during the discussion on Tuesday.
6. Welcoming Fayetteville Plan (Details): A resolution to approve and adopt the Welcoming Fayetteville Plan.
– Pass 7-0
Staff said Tuesday a recent study found that foreign-born residents make up 42% of the population growth in the region from 2009 to 2014. Fayetteville’s foreign-born population is 7.5%, which is much lower than the other major cities in NWA. Springdale’s foreign-born population is 25%, Rogers’ is 19.5% and Bentonville’s is 13.5%.
Staff said research by the Kaufman Foundation shows that immigrants are more than twice as likely to start a business as those who are born in the U.S. And, despite accounting for approximately 13 percent of the U.S. population in 2014, 28.5 percent of new entrepreneurs were immigrants – up from 13.3 percent in 1997.
Staff said some of the short-term implementation recommendations include: Establishing welcoming hubs to share information, offer classes and serve as congregating spaces; identifying a longterm funding solution for transit route expansions and ensure basic information such as route maps, charts and apps, is multilingual; and creating a course for adults to take an introduction to city government.
Staff hope the outcomes include increasing the foreign-born population to at least a double digit number, seeing a diverse demographic that participates in local government, as well as more multilingual materials and resources and thoughtful approaches to programs.
» Click here to download the full plan.
Several residents spoke in favor of the plan. One woman said it was a waste of time because Fayetteville is already welcoming.
The resolution passed unanimously.
7. Mitchell Williams Selig Gates & Woodyard PLLC (Details): A resolution to approve the amendment to agreement for legal services with Mitchell Williams Selig Gates & Woodyard PLLC for legal services to the Northwest Arkansas Nutrient Trading Research & Advisory Group with the City of Fayetteville’s portion of the fees not to exceed the total amount of $35,000.00.
– Pass 7-0
During public comment, one person spoke and said the regulations are “full of loopholes” and don’t include enough safeguards.
The resolution was passed unanimously.
8. 2018 Employee Compensation (Details): A resolution to approve a budget adjustment in the amount of $1,800,600.00 to fund the city-wide 2018 Employee Compensation Adjustment, and to approve updated police and fire pay plan grids.
– Pass 7-0
Paul Becker, the city’s finance director, said the compensation package is based on the fiscal results of 2017 operations and anticipated growth in 2018. The operating results from the fourth quarter of 2017 have been forecasted to be a net operating surplus of about $1.85 million in the General Fund.
The 2018 total cost of the plan is $1.4 million in the General Fund. The ongoing cost in future years will be $1.925 million.
Additional Business
1. RZN 17-6034 (2468 N. Crossover Rd./Jones) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-6034 for approximately 4.40 acres located at 2468 N. Crossover Road from RSF-2, Residential Single Family, 2 units per acre to NS-L, Neighborhood Services-Limited.
After the vote, council member Kinion said the new zoning on this property already allows residential uses.
Announcements
– Matthew Cabe was appointed as Fayetteville’s Building Safety Director last month. Cabe was recently serving as the division’s interim director and working as the Building Official/Plans Examiner. The division is responsible for administering residential and commercial building regulations. Cabe was previously the director of the NWA office for Allison Architects, Inc. He served on the Fayetteville Housing Authority and Planning Commission. He is a licensed architect and holds a Bachelor of Science in Architecture from the Fay Jones School of Architecture and is licensed as a plumbing, HVACR, and electrical inspector.
– The next bulky waste cleanup is scheduled for this Saturday (April 7) at Woodland Junior High School and at the Recycling & Trash facility.
– A portion of East Dickson Street is currently closed while crews work to complete a sidewalk repair project.
– Fayetteville officials are now accepting nominations for the 2018 Historic Preservation Awards
– The Fayetteville Parks & Recreation department will host a series of public input sessions to gather feedback for an update to the city’s Parks Master Plan.
Adjourned
This meeting was adjourned at 7:41 p.m.
