Fayetteville City Council recap: May 7, 2019

File photo

On the agenda…

  • Rezoning 0.22 acres at 510 S. College Ave.
  • Rezoning 0.16 acres at 1924 S. Ashwood Ave.
  • Rezoning 0.93 acres at 509 W. Prairie Street.
  • Rezoning 4.3 acres at 238 W. Moore Lane.
  • Prohibiting the purchase of sytrofoam products using city money.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, May 7, 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

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – Presented by Finance Director 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 April 16, 2019 City Council Meeting Minutes
Pass 8-0

2. JCI Industries, Inc. (Details): A resolution to approve the purchase of a replacement secondary clarifier scum pump from JCI Industries, Inc. in the amount of $20,707.00 plus applicable taxes for use at the Noland Wastewater Treatment Facility, and to approve a budget adjustment.
Pass 8-0

3. Pump Solutions, Inc. (Details): A resolution to accept a quote in the amount of $13,389.00 plus applicable taxes from Pump Solutions, Inc. for the purchase of a critical spare parts kit for the influent pumps at the Noland Wastewater Treatment Facility, and to approve a budget adjustment.
Pass 8-0

4. Watershed Conservation Resource Center Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to Task Order No. 6 with the Watershed Conservation Resource Center in the additional amount of $12,160.31 for streambank repairs at Sweetbriar Park.
Pass 8-0

5. McLarty Nissan of Little Rock (Details): A resolution to authorize the purchase of a Nissan Leaf from McLarty Nissan of Little Rock in the amount of $25,500, pursuant to a state procurement contract, for use by the Planning Division.
Pass 8-0

6. Riggs Cat of Springdale (Details): A resolution to authorize the purchase of a 2019 Caterpillar CB10 Asphalt Compactor from Riggs Cat of Springdale in the amount of $146,271.00, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Transportation Department.
Pass 8-0

7. MHC Kenworth of Springdale (Details): A resolution to authorize the purchase of a 2020 Kenworth T440 Roll-off Truck from MHC Kenworth of Springdale in the amount of $188,373.31, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Recycling and Trash Collection Division.
Pass 8-0

8. Arkansas Municipal Equipment, Inc. (Details): A resolution to authorize the purchase of a two Peterbilt 520 Front Load Trucks with New Way bodies from Arkansas Municipal Equipment, Inc. in the total amount of $499,644.92, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Recycling and Trash Collection Division.
Pass 8-0

9. The Southern Company (Details): A resolution to approve a contract with The Southern Company in the amount of $20,580.00 plus applicable taxes for the purchase and installation of a fuel station canopy for the Fleet Operations Division.
Pass 8-0

10. Police Department Personnel (Details): A resolution to authorize the combination and conversion of a 0.5 full time equivalent civilian park patrol position and a 0.5 full time equivalent police imaging clerk position to a 1.0 full time equivalent police support specialist position in the Police Department with the understanding that the park patrol position will be replaced by reassigning a full-time sworn police officer dedicated to patrolling Fayetteville parks and trails.
Pass 8-0

11. 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, and to approve a budget adjustment.
Pass 8-0

12. Tower Square Fayetteville, LLC (Details): A resolution to approve a two-year sublease agreement with Tower Square Fayetteville, LLC for four parkings spaces at 112 W. Center St. building for use by the Federal Public Defender’s Office in the amount of $50.00 per space per month.
Pass 8-0

13. North America Fire Equipment Company, Inc. (Details): A resolution to approve the purchase of replacement bunker gear for the Fire Department from North America Fire Equipment Company, Inc., on an as needed basis, pursuant to an NPPGOV Cooperative Purchasing Contract, through June 14, 2019, and any future renewal periods.
Pass 8-0

14. Target Solutions Learning, LLC (Details): A resolution to approve a contract with Target Solutions Learning, LLC through May 30, 2022, in the amount of $10,986.00 for the first year with 3% annual increase, pursuant to an nNPPGOV Cooperative Purchasing Contract, for software to be used by the Fire Department to assist with training, record keeping, and compliance.
Pass 8-0

15. Domino’s Pizza, LLC (Details): A resolution to authorize acceptance of a paving for pizza grant through Domino’s Pizza, LLC in the amount of $5,000.00 for filling pot holes, and to approve a budget adjustment.
Pass 8-0

16. Microsoft Corporation Three-year Renewal (Details): A resolution to authorize a three-year renewal of the enterprise agreement with Microsoft Corporation, through its authorized reseller SHI International Corporation, for software products in the amount of $136,371.68 per year plus applicable taxes, pursuant to a state procurement contract, and to approve a project contingency in the amount of $27,274.00 per year for additional software licenses as needed.
Pass 8-0

17. Burns & McDonnell Engineering Company Inc. Supplement Agreement No. 1 (Details): A resolution to approve Supplement Agreement No. 1 to the contract with Burns & McDonnell Engineering Company, Inc. in the amount of $50,439.00 for additional design services associated with the Sain Street Extension Project, and to approve a budget adjustment.
Pass 8-0


Unfinished Business

1. RZN 19-6553 (510 S. College Ave./Coody) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6553 for approximately 0.22 acres located at 510 S. College Ave. from NC, Neighborhood Conservation to NS-L, Neighborhood Services-Limited RI-U, Residential Intermediate-Urban.

Left on the second reading

Background:
The Planning Commission recommends approval of the request, but city planning staff disagree.

The undeveloped 0.22-acre property is located on the east side of College Avenue between 5th Street and MLK Jr. Boulevard, and is zoned NC, Neighborhood Conservation. The applicant stated that the rezoning is needed to allow businesses, home occupations, and two-, three-, or four-family dwellings.

City staff said the potential build-out of the NS-L zoning does not reflect the existing community character of the surrounding neighborhood that is fully built out with primarily small single-family buildings, and that infill can be more appropriately accomplished on this property using existing tools in the current NC zoning such as accessory dwelling units or a conditional use permit for limited business.

Location:

April 16 Discussion:
Council member Sarah Marsh was not present at the meeting, but asked that the item be held on the first reading.

The applicant said they’d like to change their request to RI-U, Residential Intermediate-Urban instead of NS-L. They said the reason is because it’s a district that city planning staff are in favor of, and they could change their plans to fit within that district’s requirements.

Council member Sloan Scroggin moved to amend the ordinance to RI-U instead of NS-L. The amendment passed 7-0.

Council member Matthew Petty said he’s in favor of the amended request, but said he doesn’t understand why staff thinks NS-L is incompatible with the surrounding properties, considering there are several non-residential uses within a block of the subject property.

There was no public comment.

The item was left on the first reading. The discussion will continue on May 7.

May 7 Discussion:

The applicant on this issue is unexpectedly out of town, and requested a continuance. The council left the issue on the second reading. The discussion will continue on May 21.


2. RZN 19-6555 (1924 S. Ashwood Ave./Cottages at Ashwood) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6555 for approximately 0.16 acres located at 1924 S. Ashwood Ave. from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate-Urban. RSF-8, Residential Single Family, 8 units per acre.

Pass 8-0

Background:
The Planning Commission recommends approval of the request, but city planning staff disagree.

The 0.16-acre property includes one single-family home, and is located on the west side of Ashwood Avenue between Sligo Street and Arrowhead Street within the Fayette Junction Neighborhood Plan area. The applicant stated that the rezoning is needed to allow new development.

City staff said the proposed district is not compatible with the surrounding area because it could result in a large increase in potential building footprint and parking area in the middle of an established and stable neighborhood that is built mostly to RSF-4 requirements. Staff said the lot is currently developable under the existing RSF-4 district, and could fit two accessory dwelling units on the property alongside a single-family home.

Location:

April 16 Discussion:
The property owner said the existing house is damaged beyond repair and he believes his only option to keep from losing money is to remove the home and replace it with some type of multi-family structure.

Sue Madison, who does not live nearby, but has owned several homes in the neighborhood, said a multi-family development in the area is incompatible because it would compromise the character of the older neighborhood.

A second person spoke, who lives in the neighborhood, and agreed with the first speaker. She also said she’s concerned about traffic safety because of the additional cars the development could bring.

Council member Gutierrez agreed with the two speakers and said she would not support the rezoning request.

Mayor Jordan, who lives nearby, said he’s also concerned about the request because of the small size of the lot and the narrow street. He said parking would be difficult to fit, and he doesn’t think the request is compatible with the neighborhood.

Council member Kinion said the current zoning would allow a duplex with a conditional use permit, so there is a way for the property owner to move forward.

Council member Petty said the property is actually too narrow to allow for a duplex, unless the Board of Adjustments also approves a variance. He said the likelihood of both the variance and conditional use permit being approved is slim. He said the width of the lot isn’t even compatible with the current zoning, so he’s confused why city staff doesn’t have an option for the applicant that would allow him to build what he wants instead of leaving him with only one choice – rebuilding the home, which he said wasn’t financially feasible.

Staff said they’d likely be in favor of RSF-8, and that option could be explored more by both staff and the applicant if the council were to leave the item on the first reading.

The council agreed, and the discussion will continue on May 7.

May 7 Discussion:

The applicant requested to amend the ordinance to RSF 8 at the suggestion of Matthew Petty.

The mayor thanked Petty for the suggestion, the applicant, and the neighborhood for their comments during the process.

Decision:
The council voted unanimously to approve the resolution.


3. RZN 18-6573 (509 E. Prairie St./Prairie St. Live) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6573 for approximately 0.93 acres located at 509 W. Prairie Street from DG, Downtown General to MSC, Main Street/Center.

Left on the second reading

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

The 0.93-acre property is on the southeast corner of Gregg Avenue and Prairie Street, with the Frisco Trail bordering its eastern boundary. It is developed with one 1,700-square-foot industrial building built in 1930 and multiple accessory structures, including one that has the appearance of a stage. Although formerly a part of Fayetteville’s downtown industrial area, it has since transitioned, first to a skateboard shop and park with occasional indoor live music, and now to an events venue. The property was rezoned to its current DG, Downtown General, zoning district as a part of the Downtown Master Plan in October 2006. The applicant stated that the rezoning is needed to allow the new event venue the opportunity to apply for a conditional use permit for outdoor music.

Location:

April 16 Discussion:
Staff said the request is also in line with the Downtown Master Plan.

Council member Petty recused himself from the discussion because he said he owns property within 100 feet of the subject property and he would be directly affected by the rezoning.

Turk said she hopes the property doesn’t close off access to the adjacent trail. Gutierrez said she’s talked with the applicant who told her the goal would be to engage trail users. Both Kinion and Bunch said they have concerns about the parking situation in the area. Scroggin asked city staff if there’s a difference between the current and requested district when it comes to parking (the answer was no).

The council agreed to leave the ordinance on the first reading. The discussion will continue on May 7.

May 7 Discussion:

There was no public comment on the issue.

Council member Mark Kinion said he has heard from people on both sides of the rezoning. He said he is concerned about the parking, and about the outdoor music. He cited issues in Uptown Fayetteville at JBGB as an example of a live music venue next to a neighborhood that has caused issues for the neighbors, and he is concerned about similar issues at this site.

Council member Sonia Gutierrez said she is also concerned about parking, and for sound coming from outdoor music at the venue.

City planner Garner Stoll reminded Gutierrez that the city does not require parking for non-residential uses.

Council member Sloan Scroggin said that if the neighbors had concerns about the outdoor music, the conditional use permit for the venue could be amended to add restrictions.

Council member Sarah Marsh said she would support the rezoning, calling it a “visionary” development due to its proximity to the trail and adjacent cultural arts corridor. She also added that parking is available nearby at the Fayetteville Public Library parking deck, and even the potential new deck that could be built in the space currently home to the Community Creative Center. “I want to see trail-oriented development,” she said.

Council member Sarah Bunch said she is concerned about the proximity of the nearby housing, the traffic in the neighborhood, and the parking situation.

Council member Teresa Turk shared some of the same concerns expressed about about parking, traffic, and outdoor music.

The council decided to leave the issue on the second reading.

The discussion will continue on May 21.


New Business

1. Whiting Systems, Inc. (Details)

A resolution to approve the purchase of an automated carwash system from Whiting Systems, Inc. of Alexander, Arkansas in the amount of $532,583.88, pursuant to a Houston-Galveston Area Council Cooperative Purchasing Contract for the Fleet Car Wash Project, and to approve a budget adjustment.

Pass 8-0

Background:
Earlier this year a contract was approved for design, construction documents, bidding & negotiations and construction administration services for the Fleet Car Wash project. After reviewing several different manufacturer’s system designs and proposals, Fleet and Facilities Management has recommended the above company at the above mentioned price.

Discussion:

City staff said they hope the new car wash system will result in cost savings, and use less water than the existing system.

There was no public comment on the issue.

Decision:
The council voted unanimously to approve the resolution.


2. Revival Architecture, Inc. (Details)

A resolution to approve a contract with Revival Architecture, Inc. for professional architectural services for the Woolsey Farmstead Reconstruction Project, with Phases 1, 2, and 3 to be completed in 2019 at a total cost of $31,750.00 and Phases 4 and 5 to be completed in 2020 at a total cost of $52,500.00, contingent on approval of the 2020 Annual City Budget and Work Program.

Pass 8-0

Background:
The city has committed to reconstructing the Woolsey farmstead and its related structures south of the Woolsey Wet Prairie Sanctuary and the West Side Wastewater Treatment Plant. The multi-year project is expected to run through 2022. This contract will include bidding and construction administration of the house permanent stabilization, construction drawings of the interior finishes, on-site consulting, survey and documentation of the cemetery, drawings and specifications for the restoration and conservation, construction drawings of the smoke house, and other out buildings and a parking lot. It also includes a landscape master plan for the acreage surrounding the farmstead.

Discussion:
There was no public comment on the issue.

Decision
The council voted unanimously to approve the resolution.


3. RZN 19-6589 (238 W. Moore Ln./Arkhola, LLC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6589 for approximately 4.3 acres located at 238 W. Moore Lane from R-A, Residential Agricultural to NS-G, Neighborhood Services-General.

Pass 8-0

Background:
This property is at the northeast corner of Deane Solomon Road and Moore Lane. It is currently developed with a single-family home and accessory agricultural buildings. The applicants believes that a small-scale commercial development would be appropriate at this intersection.

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

Location:

Discussion:
There was no public comment on the issue.

Decision:
The council voted unanimously to approve the resolution.


4. VAC 19-6630 (401 W. Mountain St./Fayetteville Public Library) (Details)

An ordinance to approve VAC 19-6630 for property located at 401 W. Mountain St. to vacate portions of street right-of-way, access easement, and utility easements necessary for the Fayetteville Public Library expansion project.

Pass 8-0

Background:
This property includes the Fayetteville Public Library and the recently-demolished City Hospital where a library expansion is planned. Rock Street bisects the property from east to west, but was approved for vacation in November 2017. During development review, staff said it became apparent that a remnant portion of right-of-way and multiple easements conflicted with the proposed site and building layout.

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

  1. All conditions of the associated Ordinance 6014 for the vacation of Rock Street between South School and South West Avenues shall be met or otherwise satisfied through additional utility easement dedication;
  2. A 15-foot electric utility easement shall be dedicated parallel to the Master Street Plan right-of-way along the east side of South West Avenue; and
  3. 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 on the issue.

Decision:
The council voted unanimously to approve the resolution.


5. Crossland Construction Company, Inc. Change Order No. 3 (Details)

A resolution to approve Change Order No. 3 to the contract with Crossland Construction Company, Inc. in the amount of $19,588,836.00 for construction of the new building shell and the mechanical, electrical and plumbing trade package associated with the Fayetteville Public Library expansion project, and to approve a project contingency in the amount of $500,000.00.

Pass 8-0

Background:
This change order will release the trade packages including: concrete foundations and slabs, structural steel, masonry, roofing, framing, curtain walls and glazing, elevator, mechanical, electrical and plumbing systems. Staff said this will keep the construction on schedule as final finishes and equipment are selected.

Discussion:
There was no public comment on the issue.

Decision:
The council voted unanimously to approve the resolution.


6. Polystyrene Foam Products (Details)

An ordinance to prohibit the purchase of expanded polystyrene foam with City of Fayetteville monies, to end the use of expanded polystyrene foam products by city concessionaires and food trucks in city parks and city off-street parking lots and to raise public awareness of the ecological damages caused by this product.

Left on the second reading

Background:
This item is sponsored by Ward 4 City Council Member Teresa Turk. It would prohibit city staff from using city funds to purchase foam products. It would also prohibit the use of foam by city concessionaires and in food trucks that operate in city parks and city off-street parking lots. The goal is to raise public awareness of the ecological damages caused by foam. The ordinance was unanimously approved by the Environmental Action Committee last month. The law is similar to one passed in Little Rock last year.

More info: The ordinance was amended to accommodate for foam insulation, air sealing, structural stability, etc., and other construction materials. The amendment passed unanimously.

Discussion:
A handful of residents spoke in favor of the ordinance. No one spoke in opposition.

The ordinance was left on the second reading at the request of Teresa Turk, who sponsored the resolution. Turk said she wanted to let other residents weigh in, offer suggestions, etc.

Council Member Petty said he would like to see the ordinance go further to ban foam in other instances, single use plastic bags, etc.

The discussion will continue on May 21.


Announcements

– On May 11, the new Walker Park Splash Pad will open at 1 p.m.
– Gulley Park Summer concert series has been announced
– Accessibility features have been added to city’s website.
– A significant water main replacement is set to begin on Thomas Avenue. The project will continue through mid July.
– Road closures are planned on Razorback Road / Maple Street over the summer.
– 71 B Corridor plan is in progress. A May 13th meeting is in the works, and is a public meeting. On May 14, city staff will host an open house for council members to view a draft of the plan at 3 p.m. The plan will also be presented at the agenda session that evening.


Adjourned

This meeting was adjourned at 7:42 p.m.