LIVE UPDATES: Fayetteville City Council recap: June 4, 2019

File photo

On the agenda…

  • Rezoning 11.8 acres northwest of Joyce Boulevard.
  • Studying the regulation of single-use plastic bags and utensils.
  • Adopting the Centennial Park master plan.
  • Rezoning 5.2 acres on Martin Luther King, Jr. Boulevard.
  • Rezoning 1.3 acres on Sunbridge Drive.
  • Applying for a grant for the Maple Street Cycle Track.
  • Vacating a tree preservation easement on Martin Luther King, Jr. Boulevard.
  • Issuing bonds approved by voters in April.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, June 4, 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

* Scroggin arrived at 5:38 p.m. during the Ozark Regional Transit report.

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report

2. Ozark Regional Transit Periodic Report


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 May 21, 2019 City Council Meeting Minutes
Pass 8-0

2. Multi-Craft Contractors, Inc. (Details): A resolution to approve a contract with Multi-Craft Contractors, Inc. for the repair of a mechanical sweep-arm at the Westside Wastewater Treatment Facility in the amount of $16,481.00 plus applicable taxes, and to approve a budget adjustment.
Pass 8-0

3. AIT Services, Inc. (Details): A resolution to accept a quote in the amount of $58,250.00 plus applicable taxes from AIT Services, Inc. for the installation of critical replacement parts for the thermal dryer at the Biosolids Management site, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment.
Pass 8-0

4. Hawkins-Weir Engineers, Inc. (Details): A resolution to approve a professional engineering services agreement with Hawkins-Weir Engineers, Inc. in the amount of $134,720.00 for water modeling, analysis, and design of water system improvements to improve fire flow throughout Fayetteville.
Pass 8-0

5. Garver, LLC Change Order No. 1 (Details): A resolution to approve Change Order No. 1 to the contract with Garver, LLC in the amount of $246,475.00 for engineering services associated with water and sewer relocations required for Arkansas Department of Transportation Job 040683, the widening of Highway 170 from Highway 62 to Clyde Carnes Road.
Pass 8-0

6. Phillip Hoskins Sewer 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 $6,113.11 to Phillip Hoskins for a sewer damage claim arising at 983 N. Lewis Ave. in addition to previous payments of $3,600.58 to ServiceMaster for sewer damage mitigation services and $100.00 to Accelerated Plumbing for plumbing services.
Pass 8-0

7. Toter, Inc. (Details): A resolution to approve the purchase of trash carts and related products and services from Toter, Inc., pursuant to a National Intergovernmental Purchasing Alliance cooperative purchasing contract, through January 31, 2023, and any future renewal periods. Pulled by Council Member Teresa Turk. Discussion is below.

8. Bid #19-25 Diamond C Construction (Details): A resolution to award Bid #19-25 and authorize a contract with Diamond C Construction Company in the amount of $82,024.89 for the replacement of a retaining wall on Block Avenue, to approve a project contingency in the amount of $5,004.23, and to approve a budget adjustment.
Pass 8-0

9. Steve Beam Construction, Inc. Change Order #2 (Details): A resolution to approve Change Order No. 2 to the contract with Steve Beam Construction, Inc. in the amount of $190,690.00 to perform additional remedial work associated with the Meadow Street Parking Deck Rehabilitation Project, to approve a project contingency in the amount of $19,069.00, and to approve a budget adjustment.
Pass 8-0

10. MHC Kenworth – Dump Trucks (Details): A resolution to authorize the purchase of four Kenworth T800 dump trucks from MHC Kenworth of Springdale in the total amount of $791,238.00, pursuant to a Sourcewell cooperative purchasing contract, for use by the Transportation Department, and to approve a budget adjustment.
Pass 8-0

11. MHC Kenworth – Snow Plows (Details): A resolution to authorize the purchase of two Henderson snow plows from MHC Kenworth of Springdale in the total amount of $28,038.00, pursuant to a Sourcewell cooperative purchasing contract, for use by the Transportation Department.
Pass 8-0

12. MHC Kenworth – Spreaders (Details): A resolution to authorize the purchase of two Henderson Task Force Spreaders from MHC Kenworth of Springdale in the total amount of $71,390.00, pursuant to a Sourcewell cooperative purchasing contract, for use by the Transportation Department.
Pass 8-0

13. Burns & McDonnell Engineering Company Inc. Agreement (Details): A resolution to authorize a professional engineering services agreement with Burns & McDonnell Engineering Company Inc. for engineering design services for the Highway 112 Project, Poplar Street to Drake Street, in the amount of $618,186.00, and to approve a budget adjustment.
Pass 8-0


Pulled From Consent

1. Toter, Inc. (Details)

A resolution to approve the purchase of trash carts and related products and services from Toter, Inc., pursuant to a National Intergovernmental Purchasing Alliance cooperative purchasing contract, through January 31, 2023, and any future renewal periods.
Pass 8-0

Background:
This item was pulled from the Consent Agenda at the request of Council member Teresa Turk.

Discussion:
Turk asked city staff if the city has ever used this Tucson, Arizona-sponsored cooperative purchasing contract group before. Staff said they can’t be sure, but the reason this group was used is to get the lowest possible price.

One person spoke and asked why this Tuscon-sponsored contract group was used. Staff said there’s no particular reason why this co-op was used, and the fact that it is a co-op that was previously sponsored by the city of Tucson had no relation to the decision-making process when looking to purchase these trash cans.

Marsh said this is a standard process the city uses and moved to approve the resolution. Turk seconded.

Decision:
The council voted unanimously to approve the resolution.


Unfinished Business

1. RZN 19-6620 (northwest of Joyce Boulevard and Old Missouri Road/Jel Acquisitions) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6620 for approximately 11.79 acres located northwest of Joyce Boulevard and Old Missouri Road, from R-A, Residential Agricultural to CS, Community Services and RMF-24, Residential Multi Family, 24 units per acre.
Pass 8-0

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

The undeveloped property is located north of Joyce Boulevard and west of Old Missouri Road. City staff said the mix of residential building types and offices adjacent to this site should be complimented by the uses that are allowed in the requested zoning districts.

Location:

May 21 Discussion:
There was no public comment.

Council member Scroggin said he hopes when the property is developed, that there is only one curb cut on Joyce Boulevard.

The council advanced the item to the second reading, but council member Turk said she’d like to hold the item to give the public more time to consider the rezoning since it’s a large parcel. The discussion will continue on June 4.

June 4 Discussion:
There was no discussion or public comment.

Decision:
The council voted unanimously to approve the ordinance.


New Business

1. YRCC Program Donation (Details)

A resolution to approve a budget adjustment in the amount of $23,500.00 representing a donation from Friends of YRCC to fund summer and fall programs offered at the Yvonne Richardson Community Center.
Pass 7-0

Background:
Friends of YRCC is a non-profit focused on supporting this mission by raising funds which allow the YRCC to offer inexpensive and/or free programming that aims to serve extremely low/very low-income families. This donation is to cover expenses for youth to participate in the Summer Fun4Kids/Teens Camp and fall semester activities such as Kids Nite, Girls Scouts, and the Homeschool P.E. program.

Discussion:
There was no discussion or public comment.

Decision:
The council voted 7-0 to approve the resolution. Petty stepped out of the council chambers shortly before the vote. He returned a few moments after the vote.


2. Plastic Shopping Bags and EPS Utensils Regulation Study (Details)

A resolution to express the intention of the City Council to consider regulation of single-use plastic shopping bags and difficult-to-recycle-or-compost single-use plates, bowls, cups and utensils.
Pass 8-0

Background:
This proposal would allow city staff to work with the Environmental Action Committee to research ways in which the city might regulate single-use plastic shopping bags, plates, bowls, cups and utensils. Staff said the research would include conversations with business owners who would be affected by any new regulations, locating potential cost-effective replacements for those products, and examining successful plastic regulation programs in other cities.

Discussion:
City staff said it’s important to pass resolutions like to be sure the City Council is on board before staff time is used to research potential new legislation.

Council member Gutierrez said she’d like staff to also research the negative effects of plastic straws.

Council member Smith asked if staff would be looking into foam and single-use plastics that are sold in bulk at stores instead of just those used by restaurants when food is purchased. Staff said they’ll do whatever the council wants. Turk said she’d like those products to be looked into. Staff said OK.

Turk also said she’d like staff to ask the University of Arkansas if the school has conducted any related research or if university staff or students would like to help with this process. Staff said OK.

Council member Marsh asked if staff will look at the impact of plastic litter using weight or volume, or the overall ecological cost incurred by the city would be factored in. Staff said all of those methods will be used.

There was no public comment.

Decision:
The council voted unanimously to approve the resolution.


3. Ovivo USA, LLC (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $24,823.15 plus applicable taxes, from Ovivo USA, LLC for the purchase of two critical spare part kits for the macerator pumps used at the Noland and West Side wastewater treatment facilities, and to approve a budget adjustment.
Pass 8-0

Background:
All wastewater at the two facilities goes through a preliminary treatment process where most inorganic solids are removed from the process stream. These ‘screened’ solids are ground into tiny particulate, washed of organic particulate, dewatered and disposed into waste dumpsters. Earlier this year, one new macerator pump was purchased for each facility to be used as primary pumps. Staff said the second set of pumps at each facility are still operational, but, due to the heavy wear they experience, they are vulnerable to unexpected part failures. Having a kit of critical spare parts at each facility would safe-guard redundancy of macerator pump operations and uninterrupted preliminary treatment.

Discussion:
There was no discussion or public comment. The item was advanced to the third and final reading.

Decision:
The council voted unanimously to approve the ordinance.


4. Centennial Park Conceptual Master Plan (Details)

A resolution to approve and adopt the Centennial Park at Millsap Mountain Conceptual Master Plan created by NWA Trailblazers, CEI Engineering Associates, Inc., and City of Fayetteville staff.
Pass 8-0

Background:
This is the proposed master plan for a new cycling park in Fayetteville.

The land is on Millsap Mountain, which the city purchased last year with a grant and loan from the Walton Family Foundation. The plan is to build a 228-acre public park that features state-of-the-art mountain bike, cyclocross and trail running facilities.

The proposal includes a 1.9-mile cyclocross course, a 3.6-mile cross country mountain bike course, over 3 miles of beginner trails, several downhill gravity lines, a gravel “gateway” trail, a 10-foot paved shared-use path, and connections to other nearby trail systems. The plans also show a performance stage, picnic areas, an adventure playground, a canopy walk, places for hammocks, an open green space for events, permanent paved parking spaces, temporary soft-surface parking areas, and primitive-style campsites.

The property was used in November for Oz Cross, a national-level cyclocross race. The area will also be the site of a UCI C2 cyclocross race in October, and the 2022 Cyclocross World Championships.

Read more about it in our story from April.

Discussion:
Brendan Quirk, cycling director of the Runway Group, said Fayetteville will be on the cutting edge when it comes to cyclocross. He said there are only two other permanent cyclocross-specific venues in the United States. He said the economic impact of national and worldwide cyclocross championship events ranges from $1.2 million to $2.3 million.

Council member Marsh asked about gender equality in cyclocross and mountain biking. Quirk said cycling is one of the few sports where the ratio of men to women is close to even. He said many of the sport’s top celebrities are women, and the industry as a whole has been focused in recent years on getting more females on bikes.

Several council members said they hope stormwater runoff, wildlife impact, and low-impact design features are examined in the design phase of the park.

There was no public comment.

Decision:
The council voted unanimously to approve the resolution.


5. RZN 19-6640 (west of 3231 W. MLK Jr. Blvd./Cobb Brothers & Westphal) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6640 for approximately 5.24 acres located west of 3231 W. Martin Luther King, Jr. Blvd. from R-O, Residential Office and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare.
Pass 8-0

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

The property is an undeveloped parcel. The western portion of the site contains some floodplain associated with North Fork Farmington. Staff said neither the existing nor the proposed zoning are consistent with the City Plan 2030 Future Land Use Map which designates this property as a rural/natural area. However, staff said the proposed UT district is more consistent with the six primary goals of City Plan 2030 because it is a form-based zoning as opposed to euclidean zoning.

Location:

Discussion:
Council member Marsh asked what would be done about the portion of a floodplain that exists on the property. City staff said FEMA would have to study the area before any development could occur. All developers are required to mitigate any impact their projects will have on the surrounding areas, but staff said this particular property would require more review than normal because of the floodplain, regardless of the zoning district.

Council member Smith said since this is a neutral request in terms of impact (it’s already a commercial zone that can be developed), he’d prefer it to be rezoned to a form-based district.

There was no public comment.

Decision:
The council voted unanimously to approve the ordinance.


6. RZN 19-6644 (125 W. Sunbridge Dr./Sunbridge Center) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6644 for approximately 1.30 acres located 125 W. Sunbridge Drive from R-O, Residential Office to NS-G, Neighborhood Services-General.
Pass 8-0

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

The property currently has three office building structures. The applicant indicated the rezoning is needed to allow the property owner to subdivide the property. Currently, the three buildings are each owned by a separate entity. The owners would like to create three lots so they may individually own their building and lot.

Location:

Discussion:
There was no discussion or public comment.

Decision:
The council voted unanimously to approve the ordinance.


7. VAC 19-6634 (east of 902 S. School Ave./Stevens) (Details)

An ordinance to approve VAC 19-6634 for property located east of 902 S. School Ave. to vacate a portion of a water and sewer easement.
Pass 8-0

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

The applicant proposes to vacate the 60-foot water and sewer easement that runs along the property’s eastern boundary.

Location:

Discussion:
There was no discussion or public comment.

Decision:
The council voted unanimously to approve the ordinance.


8. Walton Family Foundation (Details)

A resolution to authorize an application for a grant through the Walton Family Foundation in the maximum amount of $2,000,000.00 for construction of the Maple Street Cycle Track from the Razorback Regional Greenway to Garland Avenue.
Pass 8-0

Background:
University of Arkansas and city officials plan to construct a cycle track along Maple Street to better connect the campus to the Razorback Greenway. The Walton Family Foundation has expressed interest in funding 50% of the cost of construction in amount of up to $2 million and the other half would be split between the university and the city. Read more about it in our story from November.

Discussion:
City engineer Chris Brown said there are some design challenges that still need to be addressed before the grant is applied for, but he’s still requesting approval from the council so staff can apply for the funding when the time comes.

Paxton Roberts, chair of the Active Transportation Advisory Committee, said this piece of infrastructure is critical in that it would finally connect the university to the Greenway. He said he’s optimistic and hopeful that the city and university can come to an agreement on how to make this connection.

Decision:
The council voted unanimously to approve the resolution.


9. Tree Preservation Easement (Details)

A resolution to approve the vacation and abolishment of a tree preservation easement dedicated as part of the large-scale development for the construction of the JD China restaurant on Martin Luther King Jr. Boulevard in 2001, contingent on the dedication of two replacement tree preservation easements totaling approximately 1 acre.
Tabled 7-0

Background:
This request comes after last year’s failed vacation of a tree preservation easement on the same property.

A tree preservation easement was created in 2001 when JD China was built. After the restaurant closed in 2016, the owners requested (and were approved for) a lot split that created two parcels. One lot included 1.09 acres and was sold to Raising Cane’s to build a new restaurant. The remaining 0.67-acre lot is almost entirely covered in the tree preservation area required when JD China was built.

The applicant last year wanted to abolish the remaining tree preservation to facilitate the sale of the remaining lot, but city staff said approving this request would set a precedent that would allow property owners to utilize lot splits to thwart tree preservation requirements and then later vacate the tree preservation easement allowing sale of the parcel. The council agreed, and voted to deny the request.

This new proposal has support from city staff. While it would provide the same vacation (0.67 acres with 0.38 acres of tree canopy), it would offer the city two new tree preservation easements (0.95 acres with 0.85 acres of tree canopy) on the west side of town adjacent to Harmony Point Park (see attachment). Staff pointed out that the new easements offer over twice the size of the existing easement’s tree canopy. Staff said the new easements offer more environmental services to the city than the existing easement, which is why they are in favor of the request.

Discussion:
Council member Kinion said considering the history of this property and the owner’s requests, he thinks this request is just “more monkey business.” He questioned the meaningfulness of the trade offer, and said he doesn’t think the two new easements offered could even be developed on anyway. “It’s an issue where there was a promise made when the property was being developed and now we’re being asked to go back on that promise.” He said he won’t support the request.

Council member Scroggin agreed, and said it’s not clear whether the two new easements are developable, but it’s almost certain if the old easement is vacated, the trees will soon be removed and the property will be developed. “There’s just not a lot of trees left on MLK,” he said.

Council member Bunch said she’s not convinced the two new easements are a better deal for the city.

Council member Marsh suggested tabling the request to give the council a chance to go and look at the properties.

Mayor Jordan said personally, he’s not in favor of the request. He said a promise was made about the trees on this property and he believes it should be honored.

The council voted unanimously to table the item until the next regular meeting. The discussion will continue on June 18.


10. Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A (Details)

An ordinance authorizing the issuance and sale of the city’s not to exceed (i) $139,500,000 of sales and use tax capital improvement and refunding bonds, series 2019a, for the purpose of financing all or a portion of the costs of certain street, trail, drainage, park, city facilities, arts corridor, police facilities and firefighting facilities improvements and for the purpose of refunding the city’s outstanding sales and use tax bonds, and (ii) $3,170,000 of sales and use tax capital improvement bonds, taxable series 2019b, for the purpose of financing all or a portion of the costs of certain economic development improvements; authorizing the execution and delivery of a trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; authorizing the execution and delivery of an escrow deposit agreement providing for the defeasance and redemption of the city’s outstanding sales and use tax bonds; and prescribing other matters relating thereto.
Pass 8-0

Background:

Fayetteville voters in April approved a bond referendum that will continue the city’s 1-cent sales tax.

The last voter-approved bond referendum was in 2006, and just like 12 years ago, this new money will be used to pay for a list of proposed capital projects.

The bonds should generate about $226 million for road, drainage, trail and park improvements; economic development; construction of a cultural arts corridor and new parking facilities; a new police headquarters; a new fire station; various city facilities improvements; and refinancing outstanding sales tax bonds.

This ordinance would authorize the issuance of the bonds for Phase 1 of the plan.

Discussion:
There was no discussion or public comment.

Decision:
The council voted unanimously to approve the ordinance.


11. Amend § 166.04 Required Infrastructure Improvements – Development in City Limits (Details)

An ordinance to amend § 166.04(b)(3)(a) to remove the exemption of small site improvement plans from the normal requirement to dedicate street right-of-way to meet master plan street requirements.
Pass 8-0

Background:
Staff said this amendment would close a loophole in Fayetteville’s rights-of-way dedication requirements inconsistent with the city’s dedication requirements through other approval processes which may not be proportionate to need.

Discussion:
There was no discussion or public comment.

Decision:
The council voted unanimously to approve the ordinance.



Announcements

– Fire Chief David Dayringer has announced plans to retire. A retirement reception is planned from 2-4 p.m. on Monday, June 17 in Room 219 at City Hall, 113 W. Mountain St. The public is invited to attend the reception.


Adjourned

This meeting was adjourned at 8:26 p.m.