File photo
On the agenda…
- A rezoning and planned zoning district on East Zion Road.
- A 0.24-acre rezoning on South Washington Avenue.
- A 1.4-acre rezoning on Moore Lane.
- A 4-acre rezoning on Garland Avenue.
- A 0.1-acre rezoning on West Lafayette Street.
- A 10.8-acre planned zoning district on Hollywood Avenue.
- A 68-acre annexation, cost-share and rezoning on North Rupple Road.
A meeting of the Fayetteville City Council began at 5:30 p.m. Thursday, Nov. 8, 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: Sarah Marsh, Mark Kinion, Mayor Lioneld Jordan, Justin Tennant*, Sarah Bunch, John La Tour, Kyle Smith
Absent: Adella Gray, Matthew Petty
* Tennant arrived shortly after the roll call
» View current attendance records
City Council Meeting Presentations, Reports and Discussion Items
1. Monthly Financial Report
2. Natural Heritage Association Presentation (Details) – Check presentation by Fayetteville Natural Heritage Association for their generous donation of $52,747 towards their commitment of $300,000 of funds and services for the purchase and preservation of Kessler Mountain. The City wishes to extend our gratitude for their continued commitment to the preservation of greenspace in Fayetteville.
Consent
Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.
1. Approval of the Oct. 16, 2018 City Council Meeting Minutes
– Pass 6-0
2. Random Productions, LLC (Details): A resolution to approve a budget adjustment in the amount of $50,645.00 to establish revenue and expense budgets associated with security and traffic control provided during the filming of True Detective.
– Pass 6-0
3. 2018 Justice Assistance Grant Local Solicitation Award (Details): A resolution authorize acceptance of a 2018 Justice Assistance Grant Local Solicitation Award in the amount of $78,667.00, of which $35,858.00 will be used by the Fayetteville Police Department, with $28,398.00 to be disbursed to the City of Springdale and $14,411.00 to Washington County, and to approve a budget adjustment.
– Pass 6-0
4. 2018 Bulletproof Vest Partnership Program (Details): A resolution to authorize acceptance of a fifty percent (50%) matching grant award from the 2018 Bulletproof Vest Partnership Program in the amount of $10,400.00 for the replacement of body armor vests for Fayetteville police officers, and to approve a budget adjustment.
– Pass 6-0
5. Fayetteville Police Department Donation Revenue (Details): A resolution to approve a budget adjustment in the total amount of $4,065.00 recognizing donation revenue to the Fayetteville Police Department in support of officer recognition.
– Pass 6-0
6. PropertyRoom.com Online Auction Services (Details): A resolution to authorize a contract with PropertyRoom.com for online auction services for seized, stolen and abandoned surplus property for a term of one year with automatic renewals for additional one-year terms pursuant to a Sourcewell Cooperative Purchasing Contract.
– Pass 6-0
7. T-Mobile Central, LLC (Details): A resolution to approve a five-year lease agreement with T-Mobile Central LLC for water tank and land space at the Markham Water Tank Site in the amount of $2,000.00 per month, with automatic renewals for up to four additional five-year terms.
– Pass 6-0
8. Bid #18-34 the Goodyear Tire and Rubber Company (Details): A resolution to award Bid #18-34 and authorize a one-year contract with the Goodyear Tire and Rubber Company for the purchase of recap tires and casings as needed by the Fleet Operations Division for varying unit prices, with automatic renewals for up to four additional one-year terms.
– Pass 6-0
9. H&E Equipment Services, Inc. (Details): A resolution to authorize the purchase of a Vogele Paver from H&E Equipment Services, Inc. in the amount of $412,988.56, pursuant to the Sourcewell Cooperative Purchasing Contract, for use by the Transportation Services Department.
– Pass 6-0
10. Destruction of Certain Records (Details): A resolution to authorize the destruction of certain records shown on the attached affidavit pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records.
– Pass 6-0
11. Fay Jones Woodland – Contracted Invasive Plant Removal (Details): A resolution to accept a quote from Comprehensive Botanical Services in the amount of $7,260.00 (which includes tax) for complete removal of invasive plants from about three acres of the Fay Jones Woodland.
– Pass 6-0
12. RFP# 18-13 MVP Sports Photography (Details): A resolution to approve a one-year contract with up to four possible automatic renewals with MVP Sports Photography for exclusive photography services for the Girls Youth Softball, Youth Fall and Spring Soccer programs and other events requested by the Parks and Recreation staff and to authorize Mayor Jordan to sign this contract.
– Pass 6-0
Unfinished Business
1. R-PZD 18-6252 Sagely Place s/d (Details):
An ordinance to approve a residential planned zoning district entitled R-PZD 18-6252 for approximately 22.13 acres located north of the intersection of North Old Missouri Road and East Zion Road to allow the development of 111 attached and detached dwelling units and a future clubhouse with a pool.
– Pass 6-0
The Planning Commission and city staff recommend approval of the request with the following conditions of approval:
- Build Street I with the first phase of development.
- On Lot 25, plat public access from Street C to Alley D.
- Between lots 40 and 41, connect sidewalk from the POA area to Alley D.
- Ensure adequate room for street trees in the front law or tree lawn and minimize conflicts
with storm drainage and utilities. - Examine topography of the west side of Street I to ensure sidewalk is on the same level
as porches and not the street. - Design homes on corner lots to have architectural features addressing both street fronts.
Location: Here’s a map of the R-PZD request area…
Oct. 16 Discussion: A representative of the applicant said #5 isn’t likely possible. City staff said they will re-examine the property and plan to address that concern.
A neighborhood representative said the neighbors don’t necessarily object to the plan, but they want the city to look into the expected traffic increase if the new subdivision is built. He said the neighbors request that the development not be approved until the upcoming Zion Road improvements are completed.
The council agreed to leave the item on the first reading to allow staff to look into the sidewalk construction issue.
Nov. 8 Discussion:
Staff now recommends the request be approved without Condition No. 5 because it’s no longer an issue and the Planning Commission has already approved a large-scale development without Condition No. 5. The council amended the ordinance to remove Condition No. 5.
There was no public comment tonight.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
2. RZN 18-6319 Sagely Place s/d (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6319 for approximately 2.53 acres located at 2234 E. Zion Road from R-A, Residential Agricultural to NS-G, Neighborhood Services – General.
– Pass 6-0
The Planning Commission and city staff recommend approval of the request.
Location: Here’s a map of the rezoning request area…
Oct. 16 Discussion: Council member Tennant said he would like to leave this item on the first reading since it’s from the same applicant as the R-PZD item above. The council agreed.
Nov. 8 Discussion:
There was no public comment tonight.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
3. RZN 18-6341 (1248 S. Washington Ave./Sugarland Properties) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6341 for approximately 0.24 acres located at 1248 S. Washington Ave. from NC, Neighborhood Conservation to RI-U, Residential Intermediate – Urban.
– Tabled 6-0
The Planning Commission and city staff recommend approval of the request.
Location: Here’s a map of the rezoning request area…
Oct. 16 Discussion: The first person to speak during public comment was against the request. She said if approved, this rezoning could set a precedent for other property owners who want to rezone their land to allow for redevelopment. If that continues to occur, she said, the character of the neighborhood would be lost.
About 10 people spoke against the rezoning, citing concerns about traffic safety, stormwater runoff, and a fear of not knowing what would be developed if the property is rezoned.
Council member Marsh said state law does not allow the council to consider a specific development when pondering whether a rezoning should be approved. She said a lot of homes in that neighborhood weren’t built well and are nearing the end of their life. Redevelopment, she said, allows for added density and a variety of new housing types, and people need more options for homes in that part of town. Marsh said by adding on-street parking and new sidewalks, traffic concerns could be alleviated. She said she’ll be voting in favor.
Council member Kinion said there’s already a master plan in place for the Walker Park area, so it troubles him to see individual spot zoning-style requests for rezonings across the neighborhood.
Council member Gray said she agrees with the residents who are concerned about losing the integrity of their neighborhood.
Council member Smith said he hears a lot of fear about the RI-U zoning, but said there’s a lot of opportunity for this particular district to add development while also fitting in with the current neighborhood. However, he said he agrees with Kinion in that smaller single rezonings are indeed troubling.
The council agreed to leave the item on the first reading.
Nov. 8 Discussion:
Council member Gray is not present tonight, but earlier requested the council wait until she returns to make a decision. The council agreed to table the item for two weeks.
Public Hearing
1. Raze and Removal 16 N. Willow Avenue (Details):
A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Tommie Jo Flowers-Davis and George E. Flowers located at 16 N. Willow Ave. in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $18,741.00.
– Pass 6-0
According to city documents, the structure was inspected by both the Code Compliance Administrator and the Chief Building Official who determined that the deterioration of the structure would constitute a cost prohibitive repair and that the structure should be razed and removed. City staff said they’ve received over 15 complaints in the past 10 years in regards to the property being in violation of city code.
Photos:
Discussion:
The property owner said she was given the home by her mother, and she’s unable to take care of the home herself. She said she understands that the home must be removed, and that she accepts the lien that will be required in order to pay the city back for the cost of razing and removing the structure.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
New Business
1. Bid #18-43 Benchmark Construction of NWA, Inc. (Details):
A resolution to award Bid #18-43 and authorize a contract with Benchmark Construction of NWA, Inc. for construction of the Taxiway B Widening and Rehabilitation Project, to approve Change Order No. 1 to the contract with Benchmark Construction of NWA, Inc. to reflect the removal of the deductive alternative from the contract and reduce the total contract cost to $1,694,292.00, to authorize Task Order No. 11 with Garver, LLC in the amount of $147,500.00 for construction administration, construction observation, materials testing, and closeout services, and to approve a budget adjustment recognizing Federal Aviation Administration 90/10 grant funds.
– Pass 6-0
- Execution of a construction contract in the amount of $1,694,292.00 with Benchmark Construction of NWA, Inc. for the award of the Base Bid + Deductive Alternative.
- Execution of Change Order 1 to the contract. This change order will modify the contract to reflect the removal of the deductive alternate from the contract and thus represent the scope of work that will be funded by the FAA grant.
- Execution of a construction phase services contract with Garver, LLC for construction administrative services, on-site construction observation services, materials testing services, closeout services and ALD update, and Part 139 ACM exhibit updates.
- Budget adjustment to recognize a 90-10 grant received from the Federal Aviation Administration (FAA).
Discussion:
There was no public comment tonight. City Attorney Kit Williams thanked city staff for working to receive the grant from the FAA.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
2. RPH, LLC Cost Share Agreement (Details):
An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with RPH, LLC for street and drainage improvements along a portion of South Cross Avenue, with the amount to be paid by the City of Fayetteville not to exceed $33,280.00.
– Pass 6-0
Discussion:
There was no public comment tonight.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
3. RZN 18-6348 (2454 N. Deane Solomon Rd./Williams Tractor) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6348 for approximately 1.36 acres located north of 2454 N. Deane Solomon Road from RMF-24, Residential Multi Family, 24 units per acre and C-2, thoroughfare commercial to C-2, Thoroughfare Commercial.
– Left on the first reading
Location:
Discussion:
Council member Smith said he doesn’t have a problem with the rezoning request, but would prefer to wait until the drainage issues on this property are taken care of, which should be in the next two weeks.
Decision:
This item was left on the first reading. The discussion will continue at the next City Council meeting on Nov. 20.
4. RZN 18-6360 (1849 S. Garland Ave./Fayetteville Rentals) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6360 for approximately 4.03 acres located at 1849 S. Garland Ave. from I-1, Heavy Commercial & Light Industrial to CS, Community Services.
– Pass 6-0
Location:
Discussion:
There was no public comment tonight. Council member Marsh said she hasn’t received any comments from neighbors about this item, and said the rezoning will be great for the neighborhood.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
5. RZN 18-6365 (1510 N. Gregg Ave./Ballard) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6365 for approximately 0.45 acres located at 1510 N. Gregg Ave. from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate-Urban.
– Pass 6-0
Location:
Discussion:
There was no public comment tonight.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
6. RZN 18-6374: (207 W. Lafayette St./Hatfield) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6374 for approximately 0.14 acres located at 207 W. Lafayette Street from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban subject to a bill of assurance.
– Pass 6-0
Location:
Discussion:
The applicant said the original plan was to renovate and save the home, but it is in such poor shape that it will need to be removed. The new plan is to build two single-family homes, which the applicant said shouldn’t increase the density considering that the current house is used as a duplex. Council member Kinion said he visited the property and also determined it to be in poor shape, especially where the ground has shifted and severely damaged the foundation.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
7. R-PZD 18-6368 (South of Hollywood Ave./Cottages at Hollywood) (Details):
An ordinance to approve a Residential Planned Zoning District entitled R-PZD 18-6368 for approximately 10.81 acres located south of Hollywood Avenue to allow the development of 7 housing units with up to 5 unrelated tenants.
– Pass 6-0
Location:
Discussion:
There was no public comment tonight.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
8. Buffington Weir, LLC Cost Share Agreement (Details):
An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Buffington Weir, LLC for Buffington Weir, LLC’s contractor to construct the fully landscaped boulevard section of Rupple Road and accompanying multi-use trail all the way through their property upon freely dedicated right of way with the estimated amount to be paid by the City of Fayetteville not to exceed $2,295,267.72 upon the annexation, rezoning and development approval of Buffinton Weir, LLC’s property pursauant to the Fayetteville Planning Department’s recommendations detailed in the agreement and to authorize Mayor Jordan to sign the agreement.
– Pass 6-0
This issue was up for consideration in January. The original request was for an annexation and a rezoning of the entire property to RSF-4. Once it was clear that the council didn’t believe that was compatible, the applicant asked the council to table the two requests, which it did. The applicant is now back with a revised request to include 9 acres as NC, 4 acres as NS-G, and the remainder as RSF-4. The new plan also includes this cost-share agreement.
The Planning Commission denied the request, but city staff recommend approval subject to a cost-share agreement with the developer as follows:
- Sufficient right-of-way shall be dedicated by the developer upon annexation as designated by the City Engineer to construct and use for the planned extension of Rupple Road;
- The developer shall either construct the full boulevard section of Rupple Road through the
parcel, with payment of its proportionate share (6.59%) for engineering and construction up to 150% of the estimated $1,638,131.00 cost, or pay its proportionate share should the City of Fayetteville construct the portion of Rupple Road first; - Upon approval of development proposal, park land easements and trail rights-of-way shall be donated and dedicated, which can be claimed as credits for park land dedication if conveyed fee simple;
- Upon final plat approval, conservation and tree easements will be dedicated or donated; and
- The 4.24 acre parcel proposed for rezoning to NS-G, Neighborhood Services, General, shall not permit residential development or uses on the ground floor. Residential uses are permitted on the second floor.
Discussion:
City staff are excited about this new request, especially because it presents an opportunity to complete Rupple Road with a cost savings to the city of up to $2.5 million.
Staff presented this full list of advantages for the city and the developer:
- Improved connectivity – city-wide and the neighborhood
- Better access to proposed development
- Improved emergency response times
- Significant construction cost savings
- Frees up engineering staff for other projects
- Establishes an objective method to calculate arterial street cost share
Council members said the only comment they’ve received from residents is to please accept this offer and move forward so Rupple Road can be completed.
There was no public comment tonight.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
9. ANX 17-5990 (North of Rupple Rd./McFarland Family Trust) Appeal (Details):
An ordinance to approve the annexation petition of the McFarland Family Trust and annex 68.65 acres adjoining and west of the proposed northern expansion of Rupple Road.
– Pass 6-0
The McFarland Family Trust has properly secured the Washington County Judge’s authorization to annex their land west of and along the planned Rupple Road expansion north toward Howard Nickell Road. The trust has also offered to donate and dedicate sufficient right of way along their frontage with the Rupple Road expansion to enable its construction and to designate a conservation area preservation of natural habitat along the creek and the construction or extension of city trails within its property. If approved, the land would be part of Ward 4.
Discussion:
There was no public comment tonight.
Council member Smith said he doesn’t look at this annexation as sprawl, although it could be construed as such. He said it’s a sensible place to expand the city’s boundaries, and the constituents he’s talked to agree.
Council member Marsh said she’s generally not a fan of annexations, but this request presents enough benefits to the city that she’s happy to support it.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
10. RZN 17-5991 (North of North Rupple Road/McFarland Family Trust) (Details):
An ordinance to rezone that property described in rezoning petition RZN 17-5991 for approximately 68.65 acres located west of North Rupple Road from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4 units per acre; NC, Neighborhood Conservation; and NS-A, Neighborhood Services-General.
– Pass 6-0
Location:
Discussion:
There was no public comment tonight.
Mayor Jordan called these three packaged items a “game changer” for the city because it helps close the “Mayor’s Box,” a series of projects that make up his longtime plan to build a “box” of four-lane boulevards around the edges of the city. The idea is not only to help motorists more easily travel through town, but also to drive economic development.
Decision:
This item was approved 6-0 (council members Gray and Petty are absent tonight).
Announcements
– The Fayetteville Parks and Recreation Department invites residents to enter its dog photo contest this month for a chance to win several prizes.’
– The city is accepting gifts for the Senior Giving Tree through Dec. 7.
– Fayetteville officials are looking to fill 30 positions on 13 of the city’s boards, commissions and committees.
– BikeNWA is seeking volunteers to help complete the installation of new bike lanes along Rolling Hills Drive and Appleby Road from Monday, Nov. 12 through Friday, Nov. 16.
Adjourned
This meeting was adjourned at 7:34 p.m.
