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

File photo

On the agenda…

  • Calling a special election for a bond renewal.
  • Raze and Removal of a home on East Meadow Street.
  • Joining the Municipal League defense fund to enter litigation against opioid manufacturers.
  • Authorizing a site analysis for a new downtown parking deck.
  • Rezoning 36.62 acres southeast of 54th Avenue and Persimmon Street.
  • Contracts with the Walton Arts Center and Seven Hills Homeless Center.
  • Changes to recycling and trash collection rates.
  • Vacating easements in the Oakbrooke Subdivision.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 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, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith
Absent: Mark Kinion

» View current attendance records


Mayor’s Announcements, Proclamations and Recognitions

1. Presentation of City Council Awards for Departing Members – Presented by Mayor Lioneld Jordan to Adella Gray, Justin Tennant and John La Tour

Council member Gray:

Council member Tennant:

Council member La Tour:

2. Volunteer of the Year Award to Laura Underwood (Details): – Presentation to announce the Arkansas Recreation and Parks Association Awards to the City of Fayetteville at their annual conference held in November and to acknowledge the Volunteer of the Year Award to Laura Underwood.


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report – Presented by Sarah Marsh
Pass 7-0

Approved Nominees:
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
Drew Wallis – One Community Citizen at Large term ending 12/31/20
Laura Canter – One Community Citizen at Large term ending 12/31/20
Josh Moody – One Community Citizen at Large term ending 12/31/20

AIRPORT BOARD
Kayla Bruskas – One Business term ending 12/31/23
Charles Wallace – One Pilot term ending 12/31/23
Vacant – One Aeronautical unexpired term ending 12/31/20

ANIMAL SERVICES ADVISORY BOARD
Vacant – One Licensed Veterinarian/Veterinary Professional unexpired term ending 06/30/19
Whitney Srsen – One unexpired citizen at large term ending 06/30/20

AUDIT COMMITTEE
Chad Reed – One term ending 12/31/21

BOTANICAL GARDEN SOCIETY OF THE OZARKS
Catherine Hipp – One term ending 12/31/21

CIVIL RIGHTS COMMISSION
Samantha Arroyos – One Business Community term ending 12/31/21
Kyle Garen – One Owner or Manager of Rental Property term ending 12/31/21
Siera Delk – One Citizen at Large term ending 12/31/21

ENERGY IMPROVEMENT DISTRICT NO. 1
Joseph Donahue – One term ending 12/31/20

ENVIRONMENTAL ACTION COMMITTEE
Joseph Donahue – One Local Industry term ending 12/31/21
Colin Massey – One Community Citizen at Large term ending 12/31/21

FAYETTEVILLE ARTS COUNCIL
Cindy Morley – One Working Artist unexpired terms ending 06/30/19
Robert Stafford – One Working Artist unexpired terms ending 06/30/19
Jake Hertzog – One Working Artist unexpired term ending 06/30/21

PARKS AND RECREATION ADVISORY BOARD
Will Dockery – One term ending 12/31/21
Keith Tencleve – One term ending 12/31/21
Nicole Claesen – One term ending 12/31/21

URBAN FORESTRY ADVISORY BOARD
Alan Ostner – One Tree Service Community term ending 12/31/20
Audra Rogers – One Community Citizen at Large term ending 12/31/20
Glenda Patterson – One Community Citizen at Large term ending 12/31/20
Robert Stafford – One Community Citizen at Large term ending 12/31/20

The Public Facilities Board and Mayor recommends the following candidates for appointment:

PUBLIC FACILITIES BOARD
Hugh Earnest – One term ending 12/31/23
Konrad Siemek – One unexpired term ending 12/31/21
Lynn Cunningham – One unexpired term ending 12/31/22


Agenda Additions

1. 2019 Bond Issue ResolutionWe don’t have the full language yet.
Pass 7-0

Note: This is a resolution of commitment and intention to use up to $21.6 million to build the Cultural Arts Corridor and up to $10 million for a replacement parking deck, and to make job training and workforce development a priority during the economic development portion of the bond issue if those portions of the 2019 bond program are approved by voters.

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 Nov. 20, 2018 City Council Meeting Minutes
Pass 7-0

2. Fayetteville Fire Department Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $400.00 representing donation revenue to the Fayetteville Fire Department for the annual Employee Service Awards event.
Pass 7-0

3. Arkansas Firewise Grant (Details): A resolution to authorize acceptance of an Arkansas Firewise Grant from the Arkansas Forestry Commission in the amount of $500.00 for use by the Fire Department, and to approve a budget adjustment.
Pass 7-0

4. Exclusive Flight, LLC d/b/a Afterglow Aircraft Solutions (Details): A resolution to approve a three year lease agreement with Exclusive Flight, LLC d/b/a Afterglow Aircraft Solutions for the airport hangar at 4158 S. School Ave. for rent in the amount of $850.00 per month.
Pass 7-0

5. 2019 T-hangar Lease Renewal (Details): A resolution to approve T-hangar lease agreements in 2019 at the current rental rate or as adjusted upward by the Airport Board for all T-hangars rented at the Fayetteville Executive Airport.
Pass 7-0

6. Smokin A’s BBQ, LLC (Details): A resolution to approve a two-year, rent-free lease agreement with Smokin A’s BBQ, LLC for space in the Airport Terminal Building for the operation of a barbecue restaurant.
Pass 7-0

7. Bid #19-01 Reflectorized Paint Markings (Details): A resolution to award Bid #19-01 and authorize the purchase of reflectorized paint markings from Arkansas Fence & Guard Rail in variable amounts and for varying unit prices as needed through the end of 2019.
Pass 7-0

8. Bid #19-02 Curb and Gutter Construction (Details): A resolution to award Bid #19-02 and authorize the purchase of curb and gutter construction from Tri-Star Contractors, LLC as a primary supplier in variable amounts, and authorizing the use of other bidders based on price and availability, as needed through the end of 2019.
Pass 7-0

9. Bid #19-03 Truck Hauling Services (Details): A resolution to award Bid #19-03 and authorize the purchase of truck hauling services from W C & Associates, Inc. as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2019.
Pass 7-0

10. Bid #19-04 Concrete Supplier (Details): A resolution to award Bid #19-04 and authorize the purchase of concrete from Tune Trucking, Inc. d/b/a Tune Concrete Company as primary supplier in variable amounts and to authorize the use of other bidders based on price and availability as needed through the end of 2019.
Pass 7-0

11. Bid #19-05 Aggregate Materials (Details): A resolution to award Bid #19-05 and authorize the purchase of aggregate materials from Hunt Rogers Materials, LLC as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2019.
Pass 7-0

12. Bid #19-07 Hillside Gravel (Details): A resolution to award Bid # 19-07 and authorize the purchase of hillside gravel from Les Rogers, Inc. in varying amounts and for variable unit prices as needed through the end of 2019.
Pass 7-0

13. Bid #19-08 Plastic Drainage Pipe (Details): A resolution to award Bid #19-08 and authorize the purchase of plastic drainage pipe for varying unit prices from various vendors, based on individual job design, specification and cost evaluation, as needed through the end of 2019.
Pass 7-0

14. Bid #19-09 Concrete Drainage Pipe (Details): A resolution to award Bid #19-09 and authorize the purchase of concrete drainage pipe from Scurlock Industries, Inc. as primary supplier in variable amounts as needed through the end of 2019.
Pass 7-0

15. Bid #19-10 Screened Topsoil (Details): A resolution to award Bid #19-10 and authorize the purchase of screened topsoil from Les Rogers, Inc. as primary supplier as needed through the end of 2019.
Pass 7-0

16. Bid #19-11 Retaining Wall Blocks (Details): A resolution to award Bid #19-11 and authorize the purchase of retaining wall blocks for varying unit prices from various vendors, based on individual job design, specification and cost evaluation, as needed through the end of 2019.
Pass 7-0

17. Bid #19-12 High Performance Cold Mix Asphalt (Details): A resolution to award Bid #19-12 and authorize the purchase of high performance cold mix asphalt from Hutchens Construction Co. as needed through the end of 2019.
Pass 7-0

18. Bid # 18-54 JBZ, Inc. d/b/a Ellingson Contracting (Details): A resolution to award Bid # 18-54 and authorize a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $228,752.58 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park, and to approve a project contingency in the amount of $21,078.42.
Pass 7-0

19. Ranger’s Pantry/Senior Giving Tree/Hearth Program Donations (Details): A resolution to approve a budget adjustment in the total amount of $1,070.00 representing donations to Ranger’s Pantry, the Senior Giving Tree, and the Hearth Program.
Pass 7-0

20. Startup Junkie Consulting, LLC (Details): A resolution to approve the first two (2) year renewal contract with Startup Junkie Consulting, LLC to provide economic development consulting services in the areas of entrepreneurship and innovation in the total amount of $300,000.00.
Pass 7-0

21. Fayetteville Chamber of Commerce (Details): A resolution to approve the first two (2) year renewal contract with the Fayetteville Chamber of Commerce to provide economic development consulting services in the areas of business recruitment, retention, and expansion in the total amount of $360,000.00.
Pass 7-0

22. Illinois River Watershed Partnership (Details): A resolution to authorize acceptance of a Green Infrastructure Grant funded through the Illinois River Watershed Partnership in the amount of $7,000.00 for stormwater management improvements at the West Side Wastewater Treatment Facility, and to approve a budget adjustment.
Pulled, Tabled Indefinitely

Notes: Item No. 22 will be revised and brought back to the council at a future meeting.

23. Pathway Baptist Church Damage Claim (Details): A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the mayor to pay the amount of $10,079.00 to Pathway Baptist Church for a water damage claim arising at 3395 W. Mount Comfort Road.
Pass 7-0

24. CDW Government, LLC Backup Storage Device (Details): A resolution to authorize the purchase of a backup storage device from CDW Government, LLC in the amount of $116,221.02, pursuant to Promark GSA Schedule Cooperative Purchasing Contract, and to approve a project contingency in the amount of $5,811.05.
Pass 7-0

25. CDW Government, LLC Products and Services (Details): A resolution to authorize the purchase of information technology products and services from CDW Government, LLC on an as-needed basis, pursuant to National Intergovernmental Purchasing Alliance Contract #2018011-01, through February 28, 2023, and any future renewal periods.
Pass 7-0

26. Halsell Holdings, LLC Settlement Offer (Details): A resolution to accept the settlement offer from Halsell Holdings, LLC and authorize the purchase of a water/sewer easement from Halsell Holdings, LLC on property located at 1521 W. Halsell Road in the amount of $25,000.00 for the Graham Waterline Improvements Project.
Pass 7-0

27. Novatime Technologies, Inc. (Details): A resolution to authorize a one-year contract with Novatime Technology, Inc. for upgrades to the city’s electronic employee time keeping system in the amount of $3,700.00 for setup costs and estimated discounted monthly fees of $2,064.00 for the first year plus applicable sales taxes based on the number of city employees, and to approve future automatic renewals of the contract with rate increases not to exceed 5% above the standard estimated monthly fee of $2,820.00 based on the number of city employees.
Pass 7-0


Unfinished Business

1. Sales and Use Tax Special Election (Details):

An ordinance calling and setting a date for a special election on the questions of the issuance by the city of sales and use tax refunding bonds and sales and use tax capital improvement bonds for various purposes; levying a replacement special local sales and use tax at the rate of one percent (1.00%) for the purpose of retiring such bonds; and prescribing other matters pertaining thereto.
Pass 7-0

Background:
This item was left on the first reading at the Dec. 4 meeting.

The special election would occur on April 9, and would renew the city’s 1-cent sales tax that voters approved in 2006. Just like in 2006, the money would be used to pay for capital projects. This round of funding would generate about $226 million that would be used for the following items:

  1. Refinancing current outstanding sales tax bonds – $12.2 million
  2. Road Improvement Projects – $70 million
  3. Trail Improvement Projects – $6.5 million
  4. Drainage Improvement Projects – $15 million
  5. Park Improvement Projects – $25 million
  6. Economic Development Projects – $3 million
  7. City Facilities Improvements – $3 million
  8. Construction of an Arts Corridor (including potential new or replacement parking facilities) – $30 million
  9. Police Facilities Improvements – $35 million
  10. Firefighting Facilities Improvements – $15 million

More details about some of the specific projects are available here.


Dec. 4 Discussion:
City Attorney Kit Williams read the full ordinance, which took about 30 minutes.

Chief Financial Officer Paul Becker said it’s possible the bonds could be paid off in 10 years.

Council member La Tour said he likes the fact that the items will be voted on individually.

Chamber of Commerce President Steve Clark spoke in favor of the proposal.

Fayetteville Advertising and Promotion Commission Executive Director Molly Rawn also spoke in favor of the proposal.

Residents who spoke made the following suggestions:
– Finish the Kessler Mountain Regional Park baseball complex (this item is on the proposed list)
– Address parking when redeveloping the West Avenue lot (8 people spoke about this)
– Commit to replace parking for the West Avenue lot before making any changes to it
– Consider building a year-round community aquatic center (5 people spoke about this)

Council member Tennant said he thinks it could be better to include language in the proposal that guarantees replacement of parking at the West Avenue lot instead of just suggesting that it will be replaced. He said he trusts the mayor, who has said before that he won’t take parking away without replacing it, but said residents might feel more comfortable voting for the arts corridor if a promise was included to keep parking.

Kinion said one thing he’s proud of is the possibility of building a new police facility. He said the current department operates out of the former JC Penney auxiliary building, and that it’s time Fayetteville constructed a purpose-built facility for its police department.

Gray agreed with Tennant.

Smith said he agrees that losing the West Avenue lot would be a “disaster,” but he wants to make sure there’s enough flexibility in any added parking-related language that allows the city to build what it needs.

Petty said the city should be cautious when making a commitment to replace or add parking without specific data that proves it’s needed. He said a recent study found there are thousands of parking spaces in or near the entertainment district that are either underutilized or could be accessed for public use. That study, he said, suggested the city address those spaces before building a new parking deck. He said he would support the idea of building a deck if it’s found to be necessary at some point, but said it would be a mistake to bind a future council’s hands without knowing what the future will bring.

La Tour agreed with Tennant and Gray.

City Attorney Kit Williams said it could be tricky to guarantee replacement parking in a voter-approved bond issue. He said if the language guarantees a new parking facility, then it must be built regardless of whether some other opportunity arises that could address parking or if replacement parking somehow becomes unnecessary. He said the language was carefully crafted to give the city some flexibility based on the mayor’s promise, but so as not to bind the city into building a parking deck no matter what.

Chief of Staff Don Marr said while there is data that suggests underutilization of some parking spaces, there’s also data from citizen surveys that suggests a majority of drivers value proximity when considering parking (some of those spaces that were deemed to be underutilized include the Washington County Courthouse parking lot, which is east of College Avenue and several blocks away from the West Avenue lot). On that same note, he said if the language is to be tightened when referring to replacement parking, then proximity should be considered.

There’s been talk of delaying tonight’s vote until the next meeting to give council members and city staff a chance to consider new language about replacement parking.

Petty said the proposal isn’t perfect in his opinion, but said it’s a good consensus plan and that it should be voted on tonight. However, he said if the council wants to delay the vote, then it should consider having a working session to go over all aspects of the plan similar to the annual sessions it hosts to discuss the budget.

Kinion moved to send the ordinance to the second reading. Smith seconded. The motion failed, with Tennant, Bunch, La Tour and Gray voting against.

Petty suggested holding a Saturday, Dec. 8 public work session to go over the proposal’s details. Williams suggested having it at the next agenda session on Dec. 11. The council agreed.


Dec. 18 Discussion:
In response to the numerous residents who wanted assurance that the West Avenue parking lot would be replaced before it’s developed, City Attorney Kit Williams drafted an amendment to the ordinance that includes additional language to further ensure that the parking spaces lost from redevelopment of the lot will be replaced with 290 net new public parking spaces that are reasonably close in proximity (that distance is defined as a 1,000-foot radius from the Walton Arts Center’s main entrance). Williams said replacement parking could come in different ways, such as a brand new public parking deck, on-street public spaces, or through a public-private development that includes parking spaces that are available to the public at all times.

Mayor Jordan reiterated that his plan for years has been to replace any parking that’s lost at the West Avenue lot. He said the public has his word that he won’t begin any redevelopment of the lot until replacement parking is in place. He said he’s currently exploring public-private partnership opportunities, including one potential plan that could include a parking deck north of the train depot building and south of Lafayette Street. He said he doesn’t know if that plan will come to fruition, or whether some other better option will arise in the meantime, but promised that he will keep his word.

The amendment passed 7-0.

Peter Lane, president of the Walton Arts Center, said he’s excited about the Cultural Arts Corridor and the opportunities that will arise for additional arts programming through use of the performance spaces and art venues that are envisioned for the corridor. He commended the council for making a commitment to replace parking on the West Avenue lot before redeveloping the area.

Decision: The ordinance was approved 7-0 (Kinion was absent tonight). The special election will occur April 9.


Public Hearing

1. Raze and Removal 171 E. Meadow (Details):

A resolution to affirm the raze and removal order by the City Council for the house at 171 E. Meadow Street pursuant to Resolution: 48-18 passed by the City Council on Feb. 6, 2018.
Tabled Indefinitely 7-0

Background: After the council voted to raze and remove the home in February, the owner told city staff he would repair and rehabilitate the home. However, staff said after the owner received a building permit, he did not follow through with his promise. This resolution would affirm the original decision to raze and remove the home.

Discussion: City Attorney Kit Williams requested the council table the item because it appears as though the property owner is working toward reconciliation.


New Business

1. Arkansas Municipal League’s Municipal Defense Program (Details):

A resolution to authorize participation by the City of Fayetteville in the Arkansas Municipal League’s Municipal Defense Program.
Tabled Indefinitely 7-0

Background: Council member Gray said last week the city needs to be a part of the Arkansas Municipal League’s defense fund before engaging in litigation. She said Fayetteville is the only large city in the state of Arkansas that has not signed on to engage in litigation. “We feel that we need to lend our voice,” said Gray. “Ninety-five percent of the population is currently a part of this litigation, and yet Fayetteville is not. That is why I wanted to bring this forward. I think it is the right thing to do.” Gray said the $91,000 in fees incurred from joining the program would come from the city’s reserves.

Discussion: Gray said she’d like to remove the item since the city attorney’s office believes the city can enter litigation without having to join the league’s fund.


2. Municipal Legal Opioid Litigation (Details):

A resolution recognizing the opioid epidemic in the United States of America and in Arkansas; and to engage in litigation as a member of the Municipal League Defense Program against those entities and people responsible for this societal crisis.
Tabled Indefinitely 7-0

Background: This relates to the item above. City Attorney Kit Williams last week said he’s looking into ways that the city could join in litigation without incurring any fees. He said it’s unlikely the city would recoup much money in a lawsuit since Fayetteville doesn’t own a hospital and couldn’t provide much proof of any damages other than time spent by police officers responding to an overdose. He said most current overdoses are from fentanyl, not prescription opioids, so the chances of recovering much of the $91,000 per year are slim. He said the opioid crisis is indeed a terrible situation, so he’s exploring the possibility of joining a class action lawsuit instead of the Municipal League’s defense fund as a way for Fayetteville to help.

Discussion: For the same reason as the item above, Gray said she’d like to remove this item as well.


3. Amend Section 166.159 (c) Expiration of Building Permit (Details):

An ordinance to amend Section 166.159 (c) Expiration of Building Permit of the Unified Development Code to require the automatic expiration of a building permit 30 days after the City Council has ordered the raze and removal of the structure.
Pass 7-0

Background: This relates to the Public Hearing item above. City Attorney Kit Williams drafted this ordinance to allow cancelation of a building permit if an owner of a building ordered to be razed fails to make substantial progress on its repairs.

Discussion: There was no public comment.

Decision: The item was passed 7-0.


4. Garver, LLC (Details):

A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $19,800.00 for the preliminary site analysis of a downtown parking deck, and to approve a budget adjustment.
Pass 7-0

Background: The city’s proposed Cultural Arts Corridor includes redevelopment of the West Avenue parking lot across from the Walton Arts Center. Mayor Jordan has committed to replace the parking that would be lost once the lot is developed. This resolution would authorize a site analysis for up to five potential locations for a new parking structure and the number of parking spaces each location could provide.

Discussion:
Teresa Turk, who was recently elected to serve on the council in Ward 4, said she thinks this item is premature in that the city doesn’t know if the voters will approve the Cultural Arts Corridor, so the council should wait until after the vote to order a site analysis for a new parking deck.

Council members Petty and Gray said they think it’s important to have a site analysis before the public vote, because the information obtained will help voters when deciding on whether to support the corridor project. Council member Smith said he thinks the information will be valuable to the city regardless of the public vote.

Decision: The item was passed 7-0.


5. CH2M Hill Engineers, Inc. Amendment No. 10 (Details):

A resolution to approve Amendment No. 10 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $6,981,332.00 for services in 2019.
Pass 7-0

Background: The city uses a contractor for wastewater treatment services at the Noland Wastewater Treatment Plant. In 2009, the council passed a resolution to enter a five-year contract with two successive five-year options to renew contingent upon yearly budget approval. This amendment represents the fifth and final year of the first five-year renewal.

Discussion: There was no public comment.

Decision: The item was passed 7-0.


6. 2019 Asphalt Materials (Details):

An ordinance to waive the requirements of formal competitive bidding during 2019 for the purchase of asphalt materials for use by the Transportation Division, but to require informal quarterly bids or quotes.
Pass 7-0

Background: City staff said due to the fluctuations in the price of crude oil, local asphalt suppliers cannot feasibly guarantee a fixed price over a 12-month period. Staff recommends bidding asphalt materials on a quarterly basis without the need for further approval of the council, awarding the respective low bidder, and allowing for price adjustment requests based on the current bid language.

Discussion: There was no public comment.

Decision: The item was passed 7-0.


7. Motorola Solutions, Inc. (Details):

An ordinance to waive the requirements of formal competitive bidding and approve a one-year contract with Motorola Solutions, Inc. in the amount of $102,597.12 plus applicable taxes with automatic renewals for four additional years for maintenance of the city’s Motorola simulcast radio system.
Pass 7-0

Background: This is a renewal of a longtime contract with Motorola to maintain the city’s Motorola radio system.

Discussion: There was no public comment.

Decision: The item was passed 7-0.


8. RJR Enterprises, Inc. (Details):

An ordinance to waive the requirements of formal competitive bidding and authorize a contract with RJR Enterprises, Inc. in the amount of $28,633.14 for the purchase and installation of repair tiles for playgrounds at Bryce Davis, Sweetbriar, and David Lashley parks, and to approve a project contingency in the amount of $3,000.00.
Pass 7-0

Background: Parks staff said playground surfaces at the above described parks must be repaired to meet safety standards, and that utilizing another playground tile from a different tile manufacturer or another vendor other than the original installer is not practical or feasible. It would be more costly because different tiles are not compatible with the existing system, and other parts are not interchangeable.

Discussion: There was no public comment.

Decision: The item was passed 7-0.


9. RZN 18-6441 (SE of 54th Ave. & Persimmon Street/Wilson Farm Land) (Details):

An ordinance to rezone that property described in rezoning petition RZN 18-6441 for approximately 36.62 acres located southeast of 54th Avenue and Persimmon Street from RSF-8, Residential Single Family, 8 units per acre to R-A, Residential Agricultural.
Pass 7-0

Background: Both the Planning Commission and city staff recommend approval of the request.

Location:

Discussion: There was no public comment.

Decision: The item was passed 7-0.


10. VAC 18-6433 (839 N. Gregg Avenue/Davis) (Details):

An ordinance to approve VAC 18-6433 for property located at 839 N. Gregg Ave. to vacate a portion of a utility easement.
Pass 7-0

Background: Both the Planning Commission and city staff recommend approval of the request with the following condition of approval:

  1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer’s expense.

Location:

Discussion: There was no public comment.

Decision: The item was passed 7-0.


11. ADM 18-6377 (3600 W. Player Lane/The Links PZD Amendment) (Details):

An ordinance to amend Ordinance No. 5015 which enacted Residential Planned Zoning District 07-2452 (The Links) to allow multi-family units to be constructed in planning areas I and VI which were previously approved for commercial and townhome uses.
Pass 6-1

Background: Both the Planning Commission and city staff recommend approval of the request.

At the Nov. 13, 2018 Planning Commission meeting, the item was forwarded with a recommendation for approval by a vote of 4-3-0, with commissioners Hoffman, Scroggin, and Niederman voting ‘no’. Additional conditions placed on the amendment by the Planning Commission that night are:

  1. An additional vehicular access point onto Rupple Road must be added somewhere between Congressional Road and Golf Club Drive.
  2. Buildings must be oriented towards the street.

Commissioners who voted against the proposal were concerned about losing commercial property along Rupple Road, the intensity of the proposed apartment typology, and future streetscapes along Rupple Road.

Location:

Discussion: There was no public comment.

Council member Smith said he generally is in favor of higher density housing, but would rather see this property remain as commercial land despite the owner’s unsuccessful attempts to sell it as commercial property for the past 11 years.

Decision: The ordinance passed 6-1. Smith voted against.


12. Fayetteville Public Library Property New Tree Preservation Easement (Details):

An ordinance to vacate an existing tree preservation easement on the Fayetteville Public Library property and replace it with a new tree preservation easement on Fayetteville Public Library property that is more than twice as large.
Pass 7-0

Background: Staff is in support of the vacation of this tree preservation easement in conjunction with a new tree preservation easement located on the west side of the new library building expansion.

Discussion:
City Attorney Kit Williams said the ordinance language needs to be amended. He said the title should read “more than four times as large” instead of “twice as large” and said the language that mentions 7,500 square feet should be changed to 15,534 square feet.

The amendment was approved 7-0.

Decision: The item was passed 7-0.


13. Walton Arts Center Council, Inc. Education Contract Renewal (Details):

An ordinance to waive the requirements of formal competitive bidding and authorize a contract for educational, entertainment and administrative services in 2019 to the Walton Arts Center Council, Inc. in the amount of $250,000.00.
Pass 7-0

Background: In 2010, the council approved a line item budget in which $250,000 of parking revenues were allocated to the Walton Arts Center for arts education services, discounted space and administrative services for local arts organizations, and discounted and free tickets for art festivals and visual arts exhibits. Earlier this year the council decided it wanted to see a competitive process for the distribution of those funds since there are now multiple arts organizations that could provide such services. This proposed contract is for two six-month contracts, which, staff said, would give the Walton Arts Center adequate time for future operational funding planning without the parameters changing prior to at least 12 months of notice.

Discussion: There was no public comment.

Decision: The item was passed 7-0.


14. Seven Hills Homeless Center Contract (Details):

An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $108,000.00 for services to homeless and needy residents in Fayetteville in 2019.
Pass 7-0

Background: As a not-for-profit organization, Seven Hills has provided services to homeless and needy residents in Fayetteville for over 16 years relying almost exclusively on private donations for operational funding. Staff said although funding for the center by donors has improved, a shortfall still exists. In the 2019 budget, the council approved $108,000 in funding to maintain the operations of the day center. The money would be paid in monthly disbursements of $9,000 beginning in January 2019.

Discussion: There was no public comment.

Decision: The item was passed 7-0.


15. Recycling and Trash Collections Rate Study (Details):

A resolution to accept and adopt a new recycling and trash collection rate study.
Pass 6-1

Background: The council last year adopted a new recycling plan which led to a study earlier this year analyzing whether recycling and trash rates should be adjusted to reach the goals in the new plan. It was the first rate study in 20 years. This resolution would adopt that study.

The findings recommended an overall 9.1 percent rate increase beginning in 2019. That would include a 5 percent increase for single-family customers, keeping the rate flat for multifamily, and a 15.8 percent increase for commercial services. Drop-box collections and temporary container rates would increase as well.

» See the full study in the agenda packet for this item

Discussion: There was no public comment.

Decision: Council member La Tour voted against. He didn’t immediately say why. He later said the rate increase seems like more than the city needs based on the reported operational shortfall the recycling and trash collection has incurred in the past and is expected to incur this year.


16. Recycling and Trash Collection Rate Amendments (Details):

An ordinance to amend § 50.40 Rates for Services of the Fayetteville City Code to align the city’s recycling and trash collection rates with the recent rate study.
Left on the first reading

Background: This ordinance would actually make the changes needed to increase the recycling and trash rates as recommended in the rate study that was adopted in the item above.

Discussion:
La Tour asked why the rate would generate more money than the operational shortfall the recycling and trash collection program is expected to incur each year. Staff said there are facilities and vehicle upgrades needed over the next 10 years that the rate increase would help fund. Also, staff said the recently adopted recycling plan will increase operational costs significantly, and could lead to as much as a doubling of the shortfall without a rate increase.

Teresa Turk, who was recently elected to serve on the council in Ward 4, asked that the item be left on the first reading to give the public more time before the rates are increased.

Marsh moved to send the ordinance to the second reading. Bunch seconded, but the motion failed with Smith and La Tour voting against (6 votes are needed to suspend the rules and advance an ordinance, and Mayor Jordan declined to cast the deciding vote).

The item was left on the first reading and will return to the council on Jan. 3.


17. Oakbrooke Subdivision Phases 1 and 2 Utility Easements (Details):

An ordinance to vacate portions of utility easements in Phases 1 and 2 of the Oakbrooke Subdivision.
Pass 6-0

Background: This relates to an item from the Dec. 4 City Council meeting. At the time, the council agreed to vacate an easement that appeared to have been already approved, but not recorded. A house was built on the easement and was under contract to be sold, but couldn’t close without the vacation being recorded. The council agreed, but a representative for the applicant said there are three other easements that need to be vacated because of the same issue. This ordinance would vacate those three additional easements.

Discussion: There was no public comment.

Decision: The item was passed 6-0. Petty was absent during this vote.


Adjourned

This meeting was adjourned at 10:20 p.m.