LIVE UPDATES: Fayetteville City Council recap: Feb. 19, 2019

File photo

On the agenda…

  • Rezoning 0.42 acres on West Sandra Street.
  • Rezoning 7.64 acres on West Wedington Drive.
  • Rezoning 0.42 acres on West Montgomery Street.
  • Adding a form-based zoning option for four existing districts.
  • A five-year lease for the Old Post Office patio.
  • A resolution to work with the Fayetteville School Board.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Feb. 19, 2019 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: Sonia Gutierrez, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith
Absent: Sarah Marsh

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Fourth Quarter Exceeding Expectations Award – Presented to Chris Richardson

Chris Richardson receives the Fourth Quarter Exceeding Expectations Award / Staff photo

Award for Chris Richardson:

On Nov. 16, 2018, Chris Richardson, a relief driver for the city’s Recycling and Trash Collection Division, was workign a trash route on Mount Sequoyah when he saw a person lying face down in the street. He ran over to check on the individual and discovered it was an elderly woman who was unconscious. She was unresponsive so he returned to his city vehicle and pushed the emergency button to contact dispatch to have paramedics sent. In the meantime, two more people came upon the scene, and Richardson helped them turn the individual over onto her back. He then performed CPR on her. After a few minutes, paramedics and firefighters arrived and took over her care. Fire Chief David Dayringer said Richardson’s quick actions saved her life. He was presented with the Exceeding Expectations Award on Tuesday.

The Exceeding Expectations award is presented quarterly to a city employee who is nominated in one of the following categories:

  • Providing excellent service above and beyond normal job expectations; or,
  • Cost saving ideas that are implemented and will save the city money and/or increase productivity; or
  • Safety ideas that are implemented which should help reduce accidents/injuries.

To nominate a city employee, email [email protected]


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 Feb. 5, 2019 City Council Meeting Minutes
Pass 7-0

2. NWA OPO, LLC (Details): A resolution to approve a five-year lease agreement with NWA OPO, LLC to rent the patio area adjoining the Old Post Office.
Pass 7-0

3. Federal and State Law Enforcement Forfeitures (Details): A resolution to approve a budget adjustment in the amount of $71,744.00 recognizing revenue associated with federal and state law enforcement forfeitures.
Pass 7-0

4. RFQ #19-01 McClelland Consulting Engineers, Inc. (Details): A resolution to award RFQ #19-01 and approve McClelland Consulting Engineers, Inc. as primary provider and GTS, Inc. as secondary provider of on-call materials testing services as needed through Dec. 31, 2019.
Pass 7-0

5. RFQ #19-02 On-Call Surveying Services (Details): A resolution to award RFQ #19-02 and approve McClelland Consulting Engineers, Inc. as primary provider and Olsson Associates, Inc. as secondary provider of on-call surveying services as needed through Dec. 31, 2019.
Pass 7-0

6. Garver, LLC (Details): A resolution to approve Task Order No. 12 with Garver, LLC in the amount of $30,440.00 for design, bidding and construction phase services for the Airport Airfield Beacon and Wind Cones Project, to approve the application for and acceptance of an 80/20 grant from the Arkansas Department of Aeronautics in an amount not to exceed $250,000.00, and to approve a budget adjustment.
Pass 7-0

7. Andy and Jessica Winkelman Water 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 $15,775.43 to Andy and Jessica Winkelman for a water damage claim arising at 1027 E. Bonnie Lane in addition to a previous payment of $2,507.57 to ServiceMaster for water damage mitigation services.
Pass 7-0

8. Northwest Arkansas Regional Planning Commission Membership (Details): A resolution to authorize the city’s continued membership in the Northwest Arkansas Regional Planning Commission through 2023 and to approve the payment of membership dues for 2019 in the amount of $51,506.00.
Pass 7-0

9. Fayetteville Public School Cooperative Agreement (Details): A resolution to express the intention of the City Council of the City of Fayetteville to work jointly and cooperatively with the Fayetteville Public School Board to increase opportunities for active recreation for Fayetteville residents.
Pass 7-0


Unfinished Business

1. RZN 18-6472: (3033 & 3035 W. Sandra Street/Milligan) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6472 for approximately 0.42 acres located at 3033 and 3035 W. Sandra Street from R-A, Residential Agricultural to RSF-8, Residential Single Family, 8 units per acre.
Pass 7-0

Background:
This item was left on the second reading at the Feb. 5 meeting.

Both city staff and the Planning Commission recommend approval this ordinance. The applicant stated they may want to redevelop the property.

Location:

Feb. 5 Discussion:
There was no public comment. Council member Turk said she’d like to wait before moving forward, so the item was left on the second reading.

Feb. 19 Discussion:
There was no public comment or further council discussion.

Decision:
The council voted 7-0 to approve the ordinance.


2. RZN 18-6490 (4847 W. Wedington Dr. / Wedington Landing s/d) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6490 for approximately 7.64 acres located at 4847 W. Wedington Drive from RSF-4, Residential Single Family, 4 units per acre and NC, Neighborhood Conservation to RMF-12, Residential Multi-Family, 12 units per acre.
Left on the second reading

Background:
This item was left on the first reading on Feb. 5.

Both city staff and the Planning Commission recommend approval this ordinance. The applicant has stated that the rezoning is needed to facilitate development of the property.

Location:

Feb. 5 Discussion:
There was no public comment. Council member Smith said he’d like to leave the item on the first reading to allow more time for the public to weigh in.

Feb. 19 Discussion:
Council member Smith said he’d like to leave the item on the second reading to allow time for the developer to speak to residents at the next Ward 4 meeting.

The discussion will continue on March 5.


3. VAC 18-6470 (northeast of 650 N. Vinson Ave./Rebecca Street Row) (Details)

An ordinance to approve VAC 18-6470 to vacate a portion of unbuilt Rebecca Street right-of-way between Vinson Avenue and Sequoyah Drive.
Fail 1-6

Background:
This item was left on the first reading on Feb. 5.

Both city staff and the Planning Commission recommend approval this ordinance with the following conditions of approval:

  1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer’s expense;
  2. The following easements be retained: o 2018-00035003; 2018-00035002; 2018-00034944.

Location:

Feb. 5 Discussion:
There was no public comment. Council member Marsh suggested leaving the item on the first reading to give the Active Transportation Advisory Committee a chance to discuss whether it would be feasible to use the property in the future for a possible sidewalk or “urban staircase” to help pedestrians get farther up the mountain. City Attorney Kit Williams said the land is not city property, but rather private property in a city right-of-way. For that reason, Williams said it’s not likely that the city could build anything on the land.

Feb. 19 Discussion:
City staff said the Active Transportation Advisory Committee found the property to be too steep for a sidewalk, and it recommended the property be vacated.

Petty said he understands that the steep grade makes it almost impossible to pave a sidewalk across the land, but said there are other types of side pathways that could be constructed for pedestrians. He said once Rockwood Trail is extended to Crossover Road, it will only make the street more difficult to traverse on foot. He said even though there’s no specific plan in place, he urged the other council members to vote against the vacation so that the city could keep the possibility of constructing something in the future.

Smith agreed, and said it was premature to vacate the property when there’s the possibility that it could be used in the future. Kinion, Scroggin, Bunch and Turk agreed.

Decision:
The council voted 1-6 to reject the ordinance. Gutierrez was the only council member to vote in favor.


New Business

1. RZN 18-6488 (825 W. Montgomery St./Ballard) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6488 for approximately 0.42 acres located at 825 W. Montgomery Street from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services General.
Left on the first reading

Background:
The applicant originally requested the property be rezoned to RMF-6, so that the property could be developed with duplexes. City staff were against the request, and said it was out of character with the nearby established neighborhood. After its first discussion, the Planning Commission asked the applicant to revise the request to instead seek NS-G, Neighborhood Services General. The applicant agreed, and the Planning Commission unanimously approved the request.

City staff are still recommending denial, and said NS-G would also be inconsistent with the form of the older neighborhood.

Location:

Discussion:
Staff said the applicant indicated they want to build two duplexes on the property. The current zoning would allow one duplex with a variance, but if the land were RSF-8, two duplexes would be allowed with a variance. The applicant did not ask for RSF-8, but staff said they mentioned it tonight because it’s another way to get what the applicant wants that could possibly appease the neighbors who are against NS-G.

Smith said he’s read comments from several neighbors who said they want to keep the neighborhood full of only single-story homes. He reminded the neighbors that the current zoning already allows homes to be built up to three stories.

Petty said he said a smart developer would include a Bill of Assurance promising that only two duplexes would be built on the land, but that’s not what’s in front of the council tonight. Regardless, he said he’s inclined to approve the request because he doesn’t think it poses a potential problem for the area.

During public comment, a woman who lives near the property asked the council to vote against the request. She said NS-G would allow businesses to be built right at the entrance of her 31-home neighborhood. She listed several types of businesses that are allowed under NS-G that she and her neighbors don’t think are appropriate next to their homes.

Council member Gutierrez said she’d like to hold the ordinance on the first reading. The council agreed. The discussion will continue on March 5.


2. ADM 18-6256 (Amend UDC 161 and 166) (Details)

An ordinance to amend § 161.20 District R-O, Residential Office, § 161.21 District C-1, Neighborhood Commercial, § 161.23 District C-2, Thoroughfare Commercial, § 161.25 District C-3, Central Commercial, and § 166.24 Nonresidential Design Standards of the Fayetteville Unified Development Code to provide a form based development option for districts R-O, C-1, C-2, and C-3.
Left on the first reading

Background:
The Planning Commission and its Long Range Planning Sub-Committee, as well as city staff, are all in favor of the ordinance, which would modify four conventional zoning districts to allow form-based development.

Discussion:
Turk said she’d like more time to consider the changes, and asked the council to hold the item on the first reading. The council agreed. The discussion will continue on March 5.


3. H.E.M. Service Company, Inc. (Details)

An ordinance to waive the requirements of formal competitive bidding and approve the purchase of a main body cylinder from H.E.M. Service Company, Inc. in the amount of $26,643.00 plus applicable taxes for installation in the Recycling and Trash Collection Division’s material recovery facility baling machine, and to approve a project contingency in the amount of $2,664.30.
Pass 7-0

Background:
The city’s recycling system includes a baler for processing and transporting recyclable materials. A leak was recently discovered on the main body cylinder of the baler and was temporarily patched with a weld. The leak later re-emerged, which staff said is an indication that the outer casing of the cylinder is compromised and must be replaced. The baler manufacturer recommended three vendors who could provide a replacement cylinder, but H.E.M. is the only company that has the part available for purchase now. Staff said it could be up to six weeks before the other two vendors could deliver the part, which is too risky considering the cylinder could rupture at any time leaving the city in a situation where recyclable materials are coming in with no means to process them.

Discussion:

There was no public comment or council discussion.

Decision:

The council voted 7-0 to approve the ordinance.


Announcements

– Fayetteville officials are urging residents to donate blood at an event from 9 a.m. to 3 p.m. Wednesday, Feb. 20 on the downtown square.
– The Fayetteville Environmental Action Committee will host a hands-on invasive species removal workshop from 4-6 p.m. Wednesday, Feb. 20 at Veterans Park, 4451 N. Vantage Drive on the south side of Lake Fayetteville.
– Fayetteville officials are hosting a series of free “Smart Cycling” classes through June aimed at fostering confident and safe riding habits within the city.


Adjourned

This meeting was adjourned at 6:41 p.m.