LIVE UPDATES: Fayetteville City Council recap: Sept. 18, 2018

File photo

On the agenda…

  • Approval of the 2018 millage levy.
  • Reenacting the city’s parking lot landscape standards.
  • Clarifying requirements for adequate space and screening of recycling and trash containers.
  • Requiring residential garbage carts to be at the curb by 5 a.m.
  • Rezoning 7.64 acres at 1910 N. Old Wire Road.
  • Rezoning 0.84 acres southeast of Gregg Avenue and Ash Street.
  • Rezoning 119 acres on Markham Hill.
  • Approval of a C-PZD at Pratt Place Inn on Markham Hill.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Sept. 18, 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, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith
Absent: None

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report (Details)
Pass 8-0

Nominees:
Airport Board – No applicants
Animal Services Advisory Board – No applicants
Environmental Action Committee – Mike Wiederkehr
Fayetteville Arts Council – No applicants
Town & Gown Advisory Committee – Marsha Scott

Discussion: Council member Marsh said the Town & Gown Advisory Committee nominee (Marsha Scott) works with the University of Arkansas as a consultant, and that the council needs to clarify what it means by an “at large” member, which is the position Scott applied for. Marsh said the committee this week passed a resolution (by a 7-5 vote) asking the City Council to further define “at large” before the nominee is approved, in an effort to ensure the position isn’t filled by someone who is affiliated with one of the two entities (University of Arkansas or City of Fayetteville). Marsh said there were three other well-qualified applicants who aren’t affiliated with the university. She suggested removing Scott from the list of nominees and keeping the Town & Gown position open until the council can look into the matter.

Bunch agreed and said it’s important, for the sake of transparency, to further define “at large.”

Smith said he would rather have seen the committee make this decision before the application period opened, and said he’d like to move forward with approval tonight.

Kinion agreed with Smith, and said removing all members who have any affiliation with either the university or city would be too limiting.

Tennant said he agrees with Smith and Kinion’s comments, but would reluctantly agree to hold the position open since there isn’t a Town & Gown Advisory Committee meeting scheduled until January.

La Tour agreed with Tennant and said when the council has the luxury of time, it should wait and make the right decision.

Gray said as a former chair of the Nominating Committee, it can be a long process to apply for a volunteer position and then wait – sometimes for hours – to be interviewed. She said while it might be a good idea to further define “at large” she feels very strongly that the council should move forward and approve the nominee tonight. She likened Marsh’s proposal to “changing the rules in the middle of the game” as far as the applicants are concerned.

Petty said the Nominating Committee was split on its decision to nominate Scott, and for that reason, he would vote in favor of Marsh’s request.

Marsh’s amendment passed 5-3 (Gray, Kinion and Smith voted against).

When asked about the next step to take, City Attorney Kit Williams said a specific definition of “at large” could be created solely for the Town & Gown Advisory Committee, but that it would require a change to city code, which would need sponsorship by a council member and approval from the full council.

Vote: The nominees were approved by a vote of 8-0, but Scott was removed from the list.

2. Housing Authority Board Appointment (Details)
Pass 8-0

Nominees: Kristen Bensinger and Evelyn Rios Stafford

Discussion: There was no public comment, and no objection from the council.

Vote: The nominees were approved by a vote of 8-0.


Consent

Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member.

1. Approval of the Sept. 4, 2018 City Council Meeting Minutes
Pass 7-0

2. BlueInGreen, LLC and CH2M Hill Engineers, Inc. (Details): A resolution to approve lease, maintenance and operation agreements with BlueInGreen, LLC and CH2M Hill Engineers, Inc. for office and lab space at the Noland Water Resource Recovery Facility and an extension of BlueInGreen’s warranty and service of its equipment.
Pass 7-0

3. Stribling Equipment, LLC (Details): A resolution to authorize the purchase of a John Deere loader with forks from Stribling Equipment, LLC of Springdale, Arkansas in the amount of $131,350.00 pursuant to the Sourcewell Cooperative Purchasing Contract for use by the Water and Sewer Operations Division.
Pass 7-0

4. PureGreen Equipment Services, LLC (Details): A resolution to authorize a contract with PureGreen Equipment Services, LLC d/b/a EZ Fuel-Blue1USA for the purchase of fueling equipment in the amount of $135,997.31 pursuant to the Sourcewell Cooperative Purchasing Contract for the Fuel Station Improvement Project, and to approve a project contingency in the amount of $20,000.00.
Pass 7-0

5. Hazmat Services Revenue (Details): A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $3,080.00 and increasing the related expense budget.
Pass 7-0

6. Assistance to Firefighters Grant (Details): A resolution to authorize the acceptance of a 90/10 Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $123,637.00 for the purchase of physical fitness equipment, and to approve a budget adjustment to provide for matching funds in the amount of $12,363.00 and a project contingency in the amount of $20,000.00.
Pass 7-0

7. Arkansas Department of Aeronautics (Details): A resolution to authorize application for an Arkansas Department of Aeronautics 50/50 grant in the amount of $43,730.00 for the replacement of the terminal boiler.
Pass 7-0

8. Justice Assistance Grant (Details): A resolution to authorize acceptance of a 2018 Justice Assistance Grant for federal and state funding of the Fourth Judicial District Drug Task Force in the amount of $153,180.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds.
Pass 7-0

9. Maple Street Cycle Track Design (Details): A resolution to authorize a cost share with the University of Arkansas and the Walton Family Foundation for design services by McGoodwin, Williams & Yates, a division of Olsson & Associates, Inc. for the Maple Street Cycle Track with the amount to be paid by the city not to exceed $103,500.00.
Pass 7-0

10. 81 Construction Group, Inc. (Details): A resolution to approve a change order to the contract with 81 Construction Group, Inc. in the amount of $53,750.00 for the East Spyglass Hill Drive Drainage Improvements Project to expand the scope of services to include additional rock excavation and to add 45 days to the contract time due to delays caused by the unplanned rock excavation.
Pass 7-0

11. Sales & Use Tax Capital Improvement Bonds (Details): A resolution to approve a budget adjustment recognizing revenue generated from interest paid on funds for the Sales & Use Tax Capital Improvement Bonds series 2013 project in the amount of $37,286.91.
Pass 7-0

12. Unpaid HMR Taxes Letter of Agreement (Details): A resolution to authorize the mayor to sign a letter of agreement with Thrash Law Firm, Williams & Anderson PLC, the Finnell Firm, and Bird Law Group to file a claim on behalf of the City of Fayetteville for unpaid hotel/motel/restaurant taxes owed by online travel companies.
Pass 7-0

13. Boundary Line Agreement/Quitclaim Deed (Details): A resolution to authorize the mayor to sign a boundary line agreement and quitclaim deed to clarify the boundary line between property owned by Larry Henley, Jeremy Sharp, and Phillip Sparks near South Futrall Drive and Red Arrow Subdivision.
Pass 7-0

Notes: La Tour abstained from the Consent Agenda vote. He did not say why.

Unfinished Business

None


New Business

1. Ozark Kenworth, Inc. (Details)

An ordinance to waive competitive bidding and accept a repair quote of $22,176.02 from Ozark Kenworth, Inc.. d/b/a MHC Kenworth/Volvo – Springdale to repair a sewer cleaner truck that was involved in an accident.
Pass 8-0

Background: During a storm in July a city sewer cleaner truck struck a light pole resulting in damage to the vehicle. According to city documents, insurance funds have been received in the amount of $21,150.02.

Discussion: There was no public comment, and no objection from the council.

Vote: The ordinance was passed by a vote of 8-0.


2. 2018 Millage Levy (Details)

An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2018 fixing the rate thereof at 2.3 mills for general fund operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund, 2.5 mills for Fayetteville Public Library operations, and 1.2 mills for the Fayetteville Public Library expansion; and certifying the same to the County Clerk of Washington County, Arkansas.
Pass 8-0

Background: Each year the city must approve an ordinance to renew the levy of ad valorem taxes on real and personal property. This ordinance will allow the city to continue to collect property taxes for the Policemen’s Pension and Relief Fund and the Firemen’s Pension and Relief Fund, and to collect money needed for the library expansion, which voters approved in 2016.

Discussion: One resident spoke and said despite the public vote to approve funding for the library expansion, the council would be making a mistake by re-approving those funds. He said the city was being “misled,” but did not say how. There was no objection from the council.

Vote: The ordinance was approved by a vote of 8-0.


3. Parking Lot Landscape Standards (Details)

An ordinance to reenact § 177.04 (d)(4) and (5) concerning perimeter landscaping requirement for parking lot landscape standards of the Unified Development Code.
Pass 8-0

Background: Staff said these requirements were previously adopted, but accidentally omitted during revisions made to city code. This ordinance would reenact those requirements.

Discussion: One resident spoke in favor of the ordinance. There was no objection from the council.

Vote: The ordinance was approved by a vote of 8-0.


4. Recycling and Trash Containers (Details)

An ordinance to amend § 166.25(d) of the Unified Development Code to clarify the development requirement for adequate space and screening of recycling and trash containers in commercial, office, and mixed-use developments.
Pass 8-0

Background: According to city documents, screening requirements exist, but don’t address the specific amount of space needed inside the enclosure. The proposal, staff said, would ensure that commercial, office and mixed-use developments have the space necessary to provide recycling and trash services now and in the future.

Discussion: La Tour asked if there was a fine if property owners don’t allocate the proper space once this is passed. Peter Nierengarten, the city’s director of sustainability and parking, said this is a tool to be used at the development level when new buildings are constructed. One resident spoke in favor of the ordinance.

Vote: The ordinance was approved by a vote of 8-0.


5. Residential Garbage Cart Time (Details)

An ordinance to amend § 50.20 Service Requirements in Chapter 50: Recycling and Trash Collection of the Fayetteville City Code to require residential garbage carts to be placed at the collection point by 5 a.m.
Pass 8-0

Background: The current time requirement is 6 a.m., but in the summer months, recycling workers typically begin an hour early in order to avoid being outside and working in the hottest part of the day. In other words, this change would codify a practice that is already in place, and would give trash collection workers some flexibility to do the same thing if it’s ever needed in the future.

Discussion: Marsh said this request is proof of how difficult the curb recycling process is for employees, and she’s happy to see this item brought forth. There was no public comment.

Vote: The ordinance was approved by a vote of 8-0.


6. RZN 18-6311 (1910 N. Old Wire Road/Sequoyah United Methodist Church) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6311 for approximately 7.64 acres located at 1910 N. Old Wire Road from RSF-4, Residential Single Family, 4 units per acre to P-1, Institutional.
Pass 8-0

Background: Sequoyah United Methodist Church said that the rezone is necessary in order to bring the zoning into alignment with the property use, and to construct a rugby field. Both the Planning Commission and city staff are in favor of the request.

Location: Here’s a map…

Discussion: There was no public comment, and no objection from the council.

Vote: The ordinance was approved by a vote of 8-0.


7. RZN 18-6313 (SE of Gregg Avenue & Ash Street/Alpha Farms, LLC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6313 for approximately 0.84 acres located southeast of North Gregg Avenue and West Ash Street from RSF-4, Residential Single Family, 4 units per acre to RMF-24, Residential Multi Family, 24 units per acre.
Pass 8-0

Background: The applicant has not stated their development intent should the property be rezoned. Both the Planning Commission and city staff are in favor of the request.

Location: Here’s a map…

Discussion: There was no public comment, and no objection from the council.

Vote: The ordinance was approved by a vote of 8-0.


8. RZN 18-6317 (West of Markham Road/Markham Hill) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6317 for approximately 119.43 acres located west of Markham Road from RSF-4, Residential Single Family, 4 units per acre and C-PZD, Commercial Planned Zoning District to rezone approximately 75.42 acres to RI-U, Residential Intermediate-Urban and approximately 44.01 acres to R-A, Residential Agricultural, subject to a bill of assurance.
Left on the first reading

Background: The changes would allow Specialized Real Estate Group to expand Pratt Place Inn and build a multi-phase, conservation-based neighborhood over the next 10 to 20 years. The plan would permanently preserve 44 acres of natural land.

The request includes a bill of assurance which promises that despite the change from RSF-4, the overall density for the rezoned property will remain at a maximum of four units per acre. It also commits Specialized to keep at least 50 percent of the total RI-U and RA acreage as passive and active open space. That includes the preserved 44-acre conservation area, but also adds landscaping, gardens, pocket parks, meadows, watersheds, outdoor plazas and existing or new walking or multi-use trails throughout the neighborhood.

For more information about the proposal, see our story from July.

Both the Planning Commission and city staff are in favor of the request.

Location: Here’s a map…

Discussion: Seth Mims, president of Specialized Real Estate Group, gave a brief presentation about the project. The council agreed to also hear about the next item on the agenda – since they’re both a part of the same project – so that the upcoming discussion can include comments about the entire project.

Mims said the original bill of assurance was recently revised to clarify that the conservation area would be preserved either through a conservation easement or a gift to a land trust or municipality.

The first resident to speak was against the rezoning and called the project “a fantasy” and said the original C-PZD was a promise to the neighbors that should be honored today by not being changed.

Several residents who spoke against the plan said development would destroy the natural habitat of the hill.

Council member Marsh said she wanted to remind the audience that the current zoning already allows the property owner to develop the non-C-PZD land in a typical 4-units-per-ace fashion by right. This new zoning, she said, would keep the same density that’s currently allowed while preserving more natural habitat than could be fit into a typical RSF-4 neighborhood.

Others who spoke against the project mentioned access and traffic concerns as reasons why the rezoning should be denied.

City documents show at least 21 emails sent to the City Clerk’s office in support of the project, with only eight against. Those opposed, however, were in the majority at tonight’s meeting, with 17 speaking against and only two in favor.

There was no council discussion tonight.

The second reading of the ordinance will take place on Oct. 2.


9. C-PZD 18-6318 (2231 W. Markham Road/Pratt Place Inn & Barn) (Details)

An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 18-6318 for property located at 2231 W. Markham Road reducing the existing 68.99 acre Commercial Planned Zoning District to 24.06 acres while retaining the existing uses, and adding up to 5,000 square feet of event space, 12,000 square feet of restaurant or commercial space, 80 hotel rooms, and 43 dwelling units.
Left on the first reading

Background: This request is tied to the rezoning item above. Both the Planning Commission and city staff are in favor of the request with the following conditions of approval:

  1. Approval of this PZD does not imply compliance with city development or fire codes, grant approval of any development variance, or guarantee that it is feasible to develop to the maximum intensity and density of the proposed C-PZD and comply with all codes. Review for compliance with all applicable development codes will be required at each stage of development.
  2. A new street connection will be required to accommodate the volumes of traffic associated with this development, as depicted on Plat 2b. Construction of the street shall be determined at the time of development.
  3. A traffic study will be required with the first phase of development to fully evaluate on- and off-site traffic impacts and public improvements necessary to mitigate impacts to a less than significant level. This will include a full evaluation of improvements to the surrounding street network affected by project traffic including streets such as Markham Road, Cross Avenue, Halsell Road and Sang Avenue.

Location: Here’s a map of the C-PZD request area…

And here’s the C-PZD conceptual plan (click the image to enlarge) …

Discussion: See notes in the above item. The discussion will continue on Oct. 2.



Adjourned

This meeting was adjourned at 9:26 p.m.