LIVE UPDATES: Fayetteville City Council recap: March 5, 2019

File photo

On the agenda…

  • Rezoning 7.6 acres on Wedington Drive.
  • Rezoning 0.4 acres on Montgomery Street.
  • A trail license agreement at Mount Sequoyah Woods.
  • Rezoning 2 acres on Whippoorwill Lane.
  • Rezoning 1 acre on Prairie Street.
  • Rezoning 2.3 acres on 15th Street.
  • A sanitary sewer contract with the city of West Fork.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 5, 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, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch*, Teresa Turk, Kyle Smith
Absent: None

Notes: Petty and Bunch were previously marked as absent. They both arrived shortly after the official roll call.

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – Presented by Paul Becker


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. 12 and Feb. 19, 2019 City Council Meeting Minutes
Pass 8-0

2. DEMX Architecture, P.A. (Details): A resolution to approve an architectural services contract with DEMX Architecture, P.A. in the amount of $90,800.00 for design, bidding, and construction administration services associated with the construction of a new Fleet car wash facility, and to approve a project contingency in the amount of $9,000.00.
Pass 8-0

3. 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 $3,852.00 and increasing the related expense budget.
Pass 8-0

4. Hazmat Services Revenue (Details): A resolution to approve a budget adjustment in the amount of $11,298.00 recognizing hazmat services revenue from Washington County and increase related expense budget.
Pass 8-0

5. Axon Enterprise, Inc. (Details): A resolution to approve the purchase of four additional four-year software licenses from Axon Enterprise, Inc. in the amount of $6,708.00 plus applicable taxes to allow City Prosecutor Division staff to access video from the Police Department’s body worn cameras, and to approve a project contingency in the amount of $2,000.00 per year for the purchase of additional licenses as needed.
Pass 8-0

6. Springdale Tractor Co. (Details): A resolution to authorize the purchase of four Kubota ZD 1211R mowers from Springdale Tractor Co. in the total amount of $52,059.52, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Airport and Transportation departments.
Pass 8-0

7. Superior Dodge Ram (Details): A resolution to approve the purchase of two Dodge Ram 1500 trucks from Superior Dodge Ram of Siloam Springs in the total amount of $44,636.00, pursuant to a state procurement contract, for use by the Water & Sewer Operations Division and to approve a budget adjustment.
Pass 8-0

8. P&K Equipment (Details): A resolution to authorize the purchase of a John Deere 630 Rotary Mower Conditioner from P&K Equipment of Springdale, AR in the total amount of $24,482.99, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Utilities Department.
Pass 8-0

9. Williams Tractor (Details): A resolution to approve the purchase of a New Holland 450 Round Baler from Williams Tractor of Fayetteville, AR in the amount of $32,900.00 plus applicable taxes pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Utilities Department.
Pass 8-0

10. Arkansas Municipal Equipment (Details): A resolution to authorize the purchase of a Peterbilt 520 with New Way Roto Pac Body from Arkansas Municipal Equipment, Inc. in the amount of $272,907.22, pursuant to a Sourcewell Cooperative Purchasing Contract for use by the Recycling and Trash Collection Division.
Pass 8-0

11. Bid #18-52 Doggett Freightliner (Details): A resolution to award Bid #18-52 and authorize the purchase of two (2) Freightliner M2-106 Recycling Trucks with Kann bodies from Doggett Freightliner of Arkansas, LLC in the total amount of $343,952.00 for use by the Recycling and Trash Collection Division.
Pass 8-0

12. Fayetteville Chamber of Commerce Economic Development Consulting Contract (Details): A resolution to approve Amendment No. 1 to the first renewal of contract for economic development consulting services with the Fayetteville Chamber of Commerce to provide for payment of the additional amount of $1,850.00 toward travel expenses for Chung Tan to attend the 2019 Recon Convention.
Pass 8-0

13. Crown Castle USA, Inc. (Details): A resolution to approve a five-year land lease agreement with NCWPCS MPL 28 – Year Sites Tower Holdings, LLC, a subsidiary of Crown Castle USA, Inc. with automatic renewals for three additional five-year terms for wireless communications tower space near the Township Water Tank.
Pass 8-0


Unfinished Business

1. 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.
Pass 5-3

Background:
This item was left on the second reading on Feb. 19.

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.

March 5 Discussion:
One resident who spoke against the request said he thinks the city’s services are stretched too thin to be able to handle development at this location.

Turk said she thinks the traffic is too problematic on Wedington Drive and said she won’t support the request.

Scroggin said people are moving to the area and whether the council allows rezonings that facilitate development or not, people will still come to Fayetteville for work or play, and they’ll still use the roads and other resources.

Smith said the city has invested in infrastructure in this area, and with the potential for affordable housing being built, he’s inclined to support the request. Bunch and Gutierrez agreed

Marsh said she’s stuggled with this decision because it’s outside the Mayor’s Box. However, she said it’s consistent with the longterm Wedington plan and it has the support from city staff and the Planning Commission, so she’s also inclined to support the request.

Kinion said he’d rather encourage growth inside the Mayor’s Box, so he can’t support the request.

Decision:
The council voted 5-3 to approve the request. Kinion, Petty and Turk voted against.


2. 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 second reading

Background:
This item was left on the first reading on Feb. 19.

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:

Feb. 19 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.

March 5 Discussion:
Petty said after thinking about it, he would prefer the originally requested RMF-6 zone, and said he’s not sure NS-G is appropriate at this time. Kinion agreed.

Staff said the applicant was told about Petty’s suggestion of a Bill of Assurance, but hasn’t yet filed one. Scroggin said if there’s a chance a Bill of Assurance is coming, he’d like to wait another two weeks before making a decision.

Gutierrez said she’d also like to wait to make sure the right decision is made.

Five residents spoke against the request. Most said the area doesn’t need an increase in density.

The council agreed to leave the item on the second reading. The discussion will continue on March 19.


3. 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 second reading

Background:
This item was left on the first reading on Feb. 19.

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.

Feb. 19 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.

March 5 Dicussion:
City Attorney Kit Williams said he likes this idea, but said it regulates the aesthetics of some non-residential uses that the city doesn’t have authority over, including churches, public schools and buildings owned by federal, state or county agencies. He offered an amendment that addresses this issue. For example, regulating how a church looks could be seen as violating that organization’s first amendment rights.

Petty said he appreciates Williams’ intent, but said he’s skeptical that the amendment should be made. He said not all design regulations are simply about aesthetics. Windows are required in many cases, he said, for safety reasons. The same goes for many entrances, he said. He said there’s nothing in the current regulations that wouldn’t allow a church to distinguish itself as a religious institution, and he’s worried a blanket exemption for those types of institutions could open the door to undesirable or unsafe designs that are used in a disingenuous manner to save money.

Williams disagreed, and said aesthetics are the primary reason for regulating design, even if those aesthetics help people see in or out of a building. He said federal, county and state agencies are not subject to city ordinances, so it would be improper to approve language that regulates those agencies.

Petty said while it may be true that federal, state and county agencies should be exempted, he’s not convinced that religious institutions should be exempted. He said to violate their first amendment rights the city would have to be impacting their ability to worship. He said if a church wants to build something unsightly and claim it’s for a religious value, there must be some protection against it.

Williams said even if a church claimed an unsightly design was faith-based, the council isn’t in a position to judge whether it’s true. He said he believes staying completely out of church business is the best way to go.

Marsh said with a blanket exemption, it would be too easy for a religious institution to build something unsightly and then move out, leaving a building that doesn’t comply with the city’s standards.

Marsh suggested tabling the item and sending it to the Ordinance Review Committee. Mayor Jordan said the same could be accomplished by leaving the item on the second reading. The council agreed. The discussion will continue on March 19.


New Business

1. Underwood Family Trail License Agreement (Details)

A resolution to approve the attached trail license agreement with the Underwood Family Real Estate limited partnership and to thank the Underwoods for generously allowing Fayetteville citizens to use some trails on their property.
Pass 8-0

More info:
The license is for two private property tracts bordering Mount Sequoyah Woods Park. The agreement will authorize the routing and use of public foot and bike trails across the private tracts, as well as authorize use of a ‘public park’ area on a portion of the private property.

Map:

Discussion:
There was no council discussion, but the group thanked the Underwood family.

Decision:
The council voted unanimously to approve the resolution.


2. Solsmart Solar-Friendly Community Program (Details)

A resolution to express the Fayetteville City Council support for the city’s participation in the Solsmart Solar-Friendly Community Program.
Pass 7-0

More Info:
SolSmart is funded by the U.S. Department of Energy’s Solar Energy Technologies Office and led by the Solar Foundation and the International City/County Management Association. It is a national designation program designed to recognize cities, counties, and small towns for making it faster, easier, and more affordable to go solar. Those communities receive designations of SolSmart Gold, Silver and Bronze. Staff anticipates that working through the SolSmart designation will take several months. The process will likely also include recommended amendments to the Unified Development Code that will be brought back before the City Council for adoption.

Discussion:
There was no council discussion.

Decision:
The council voted 7-0 to approve the resolution. Petty was not in the room during the vote.


3. RZN 19-6524 (2827 E. Whippoorwill Ln./Roth Family Partnership) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6524 for approximately 2.14 acres located at 2827 W. Whippoorwill Lane from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre.
Left on the first reading

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

Map:

Discussion:
Over a dozen residents spoke against the request. Some cited safety worries about increased traffic and added stormwater runoff. Some said more residences at the corner of Crossover and Whippoorwill would change the character of the rest of their neighborhood. Another said if approved, it would open the door for similar requests along Crossover Road. Others said they thought the homes that are built on this land would just become cheap rentals for college students.

Marsh said the requested zoning for 8 units per acre is appropriate for the area. She said it’s on a major arterial roadway and is a good transition from the current 4 units per acre and the 24 units per acre immediately adjacent to the north.

Scroggin said it might be wise to consider the potential stormwater issues before the discussion continues. Kinion agreed.

Bunch said added affordable housing – especially in this area – doesn’t have to be the kind of run down rental properties some of the neighbors have expressed concerns about. She said the houses could be homes for senior citizens who are downsizing or families who’d like to enter the community but otherwise couldn’t afford it.

Smith said one of the council’s duties is to help manage the growth of the city, and finding compatible places to facilitate more homes is part of that solution. He said when proposals for incremental increases in density across towns are ignored, the result is often monumental increases in other areas. Those areas, he said, tend to be lower income neighborhoods with residents who don’t have the means or political capital to fight against it. He said he hasn’t made up his mind about this particular request, but said solutions must be found for addressing growth and overall, he believes these incremental increases in density are a good start.

Turk said she’s concerned about drainage and traffic safety along Crossover Road. She said she doesn’t want to add any more density to the area, and she won’t support the request. Gutierrez agreed.

Petty said he’s not ready to make a decision about this project, and has some concerns about stormwater. He said he doesn’t want to trivialize safety, but said it’s not an issue that should be considered during this request because 8 units per acre along a major arterial roadway is not a problem. He said some residents complained the developer is only trying to make money, but said all neighborhoods are built by developers in a for-profit manner. He said he has deep concerns about climate change, and if the council has a single-family-exclusive mentality, then it is agreeing to ignore climate change.

The council agreed to leave the item on the first reading. The discussion will continue on March 19.


4. RZN 18-6523 (504 W. Prairie St./Peters) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6523 for approximately .99 acres located at 504 W. Prairie Street from I-1, Heavy Commerical & Light Industrial to RI-U, Residential Intermediate-Urban and DG, Downtown General.
Left on the first reading

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

Map:

Discussion:
Petty recused himself from the discussion. He said he owns property very close to this land and the decision will directly impact him.

Smith said he will have a hard time supporting any rezoning adjacent to the proposed Cultural Arts Corridor if the requested zoning doesn’t allow for art production or art-related uses. Marsh agreed.

The item was left on the first reading. The discussion will continue on March 19.


5. RZN 19-6525 (509 E. 15th St./LDR Enterprises, LLC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6525 for approximately 2.37 acres located at 509 E. 15th Street from RMF-24, Residential Multi-Family, 24 units per acre to I-1, Heavy Commercial & Light Industial.
Left on the first reading

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

Map:

Discussion:
Marsh said the requested zoning is compatible with the area, but said she’d be more comfortable if a Bill of Assurance were provided that promised there would be no underground storage tanks constructed on the property since the majority of it is on a floodplain.

Staff said any large-scale development would be subject to water quality standards.

Marsh asked to leave the item on the first reading. The council agreed. The discussion will continue on March 19.


6. 699 N. Sang Ave. Damage Claim (Details)

An ordinance to waive the requirement of formal competitive bidding and to approve payment in the amount of $7,590.04 to Temple Shalom of Northwest Arkansas and $27,926.73 to ServiceMaster by Quality Restoration for a sewer damage claim at 699 N. Sang Ave.
Pass 8-0

More info:
On Jan. 10, 2019 roots in a sewer line caused a backup at Temple Shalom of Northwest Arkansas, causing approximately two thirds of the building to be flooded. City crews cleared the roots from the sewer line, and immediately called ServiceMaster for mitigation, including removing baseboards, sheet rock, insulation, drying out all wetted areas and cleaning and disinfecting floors. Temple Shalom’s insurance company has agreed to pay $20,000 towards the claim.

Discussion:
There was no council or public comment.

Decision:
The council advanced the ordinance and unanimously approved it.


7. Riggs Power Systems (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $87,495.00, plus applicable taxes, from J.A. Riggs Tractor Company d/b/a Riggs Power Systems for the purchase and installation of a replacement bi-fuel system for the Genset Electrical Power Generator at the Noland Wastewater Treatment Facility.
Pass 8-0

More info:
The facility uses a 2,000-kilowatt Caterpillar brand Genset system for emergency power and load-shedding management during the summer season. Recent inspections found the system in need of replacement.

Discussion:
There was no council or public comment.

Decision:
The council advanced the ordinance and unanimously approved it.


8. Automatic Engineering (Details)

An ordinance to waive competitive bidding and to accept a repair quote of $140,452.33, plus applicable taxes, from Automatic Engineering to repair four agitator gearboxes for the Paul R. Noland Wastewater Treatment Facility.
Pass 8-0

More info:
The facility uses a series of eight agitator mixers for supplying dissolved oxygen to the biological nutrient removal reactors. The units operate in series using a combination of 30-year-old large and medium mixers. They are currently in need of repair.

Discussion:
There was no council or public comment.

Decision:
The council advanced the ordinance and unanimously approved it.


9. West Fork Sanitary Sewer Service (Details)

A resolution to approve the attached 15-year contract for sanitary sewer service between the cities of West Fork and Fayetteville in which Fayetteville will accept and treat West Fork’s sewerage in our Noland Wastewater Plant.
Pass 8-0

More info:
Staff said West Fork owns and operates its own complete wastewater collection system. Their treatment facility needs major improvements, and it is more economical for them to pay Fayetteville to accept, treat and discharge sewage collected by West Fork.

Discussion:
City Attorney Kit Williams said he has been working on this project for five years.

Decision:
The council unanimously approved the resolution.


Announcements

– LED light installation is taking place at Wilson Park through March 13. The lights won’t be on at night during that time.
– The dates for the four spring bulky waste cleanup events are in place.


Adjourned

This meeting was adjourned at 10:03 p.m.