LIVE UPDATES: Fayetteville City Council recap: Nov. 17, 2020

The approval was conditioned on garnering City Council approval of an access easement through the city property.

Location:

June 4 Discussion:
The applicant requested to table the issue until the council is meeting in its chambers to allow residents to speak on the issue. The council voted unanimously to do so.

Nov. 17 Discussion:
The resolution was amended to clarify that the terms are non-exclusive. City Attorney Kit Williams said that was the original intent, and the applicant has already agreed to those terms.

Scroggin said he’s received several emails asking him to vote against this request, but he suspects those people’s motivations are based on other issues they have with the developer and not this particular easement agreement. Scroggin said some people have told him they want to save the trees on Markham Hill, but in actuality, more trees would be saved with this agreement than without it.

Mayor Jordan asked if that was true, and city planners said the agreement would indeed save more trees because an alternative method of construction would not have the same tree preservation requirements.

During public comment, two people spoke against the resolution. One person said she thinks development on Markham Hill will destroy the area. Another said she wants to know more about the developer and their associates.

Turk said the area is wooded with tight streets, and adding another access point for the seven homes in question will cause traffic problems. She said she thinks this development should never have been approved (it was approved before Turk was on the council). She said she’ll vote against the request.

Smith said a second access for these homes will only make traffic better. He said he’ll support the resolution.

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

Background:
Earlier this year a truck towing a boat on a trailer was leaving Lake Sequoyah when the boat trailer came unhitched from the vehicle and left the roadway striking the city’s pump station/utility shed and causing substantial damage to the structure. The party driving the truck was found to be at fault. Repairs are estimated at $29,750 and the driver’s insurance company has agreed to pay $25,000.

Discussion:
City Attorney Kit Williams said it’s a good offer since the shed will actually be mostly replaced instead of repaired. When an insurance company agrees to give the full amount that it has contracted with their client, it’s probably the best offer possible.

There was no public comment.

Decision:
The council advanced the ordinance to the final reading, and voted unanimously to approve it.

Background:
The applicant is requesting vacation of a 15-foot wide segment of alley right-of-way between lots 1-10 on block 2 and a 20-foot wide segment of right-of-way between lots 1-3 on block 3 and lot 5 on block 2. The subject area has been incorporated into the yards of the abutting property owners with mature trees, fences, and other permanent structures presently residing within the boundary of the right-of-way.

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

Location:

Discussion:
Staff said this comes at the request of the 12 families who live next to the alley. Staff said this type of action isn’t normally something they would recommend, but they agreed to this particular vacation because of the size of the alley.

One of the applicants said they all believe this is a good way to preserve the large trees in the alley.

Here’s a slide that was displayed to show the types of trees in the alley:

Six people spoke in favor of the ordinance.

Decision:
The council advanced the ordinance to the final reading, and voted unanimously to approve it.

Background:
The property is about 1,000 feet west of the intersection of Crossover Road and Zion Road. It includes three frontages, Randal Place to the north and west and Zion to the south. Although specific development details have not been provided, the applicant has said that the proposed zoning districts will encourage building types that are smaller and more similar in scale to those on neighboring properties.

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

Location:

Discussion:
Turk asked if the neighbors were informed about this request. Staff said they were, and no comments were received.

There was no public comment.

Decision:
The council advanced the ordinance to the final reading, and voted unanimously to approve it.

Background:
Residents complained in mid-October about noise from heavy equipment and machinery being used on the undeveloped 20-ish acres between Savanna, Brookbury, Covington, Candlewood and Township. City staff looked into the work discovered that fill was being placed on the site, dump trucks were delivering dirt to the site, a bulldozer was leveling out the fill, and some trees and brush had been placed in piles. Further investigation found that no active building or grading permits had been issued for the work. They requested that the property owner stop work until a permit was obtained. The property owner said he thought the work was minor enough to not need a permit, and later filed an appeal which is why the item is now at the City Council level.

Staff said there are exemptions to the rules for placing and moving dirt, but in this case, the only possible exemption would if the work is considered to be “other minor fill, clearing or grading for maintenance purposes such as landscaping, yard grading, maintenance, farming, gardens, and similar activities.”

City Attorney Kit Williams said the words “minor fill, clearing or grading” are interpreted to mean those activities that are done without the use of heavy construction equipment, which is not what was happening on the property.

Location:

Discussion:
The applicant said he has a large back yard – about 20 acres – and he was building a driveway to his other entry at Brookbury. He said he doesn’t know any other way to build it without heavy equipment. He said he considers the work to be yard grading, driveway maintenance and landscaping, and he doesn’t feel like that type of work needs a permit.

City Attorney Kit Williams said the goal with a permit is to try and prevent problems that occur when dirt is moved that could potentially have a negative impact on stormwater runoff. Williams said the City Engineer has determined that a permit was needed for the scope of this work because there were truckloads of dirt being delivered to the property and heavy equipment was being used to move it around. If the scope of the work is minor, then the applicant should be able to get a permit to allow the work to continue. He said it’s not expensive compared to the cost of renting heavy machinery and having truckloads of dirt delivered.

Petty said the photos shown tonight (see below) are definitely not indicative of landscaping, and it’s clearly the type of work that should require a permit. Scroggin agreed.

The applicant asked how to get a grading permit. Staff said they could work with him to help with that process. The permit costs between $75-$200 depending on the size of the property, staff said.

The applicant said he will just abandon the project and not do any more work. He said the old driveway will work fine. He asked if he can just move on and forget about the whole thing.

Smith said the council’s duty is to either approve or deny the appeal.

Decision:
The council voted 8-0 to deny the appeal.

Background:
This work is related to a replacement parking deck near the intersection of Dickson Street and West Avenue.

From a staff memo:

This amendment includes the Balance of the Architectural Services for the Architectural Elements of the Deck and West Avenue Police Substation including Design Development, Construction Drawings, Bidding and Negotiation, and Construction Administration. It also includes the structural Design of the Colonnade, Survey and platting.

Discussion:
Staff requested this item be tabled until the next meeting to allow more time to get an acceptable contract. The discussion will continue on Dec. 1.

Background:
The council previously approved a resolution to allow the mayor to apply for this grant. Now that it’s been approved, the council must first accept the money before it can be used to help with construction of the Industrial Drive extension, which is part a voter-approved economic development bond project.

Location:

Discussion:
Staff said they need a decision on this tonight in order to get an answer back to the department on time.

Decision:
The council voted unanimously to approve the resolution.

Background:
This contract is for design work related to the Rolling Hills Drive improvement project that voters approved in the 2019 bond election.

The project includes roadway, drainage, pedestrian and bicycle safety improvements along the corridor between College Avenue and Old Missouri Road as well as traffic flow improvements at critical intersections and drainage upgrades. Pedestrian and bicycle improvement concepts include a lighting, a greenspace buffer, sidewalk, and a multi-use trail.

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.

Background:
This amendment is for work related to the Midtown Corridor project that voters approved in the 2019 bond election.

The corridor is 2.3 miles in length and runs in an east-west direction through a flat part of the middle of the city from I-49 at Porter to College Avenue at Poplar Street. The project includes vehicular improvements to the intersection of Porter Road and I-49 to improve the traffic flow for the large volume of traffic from the west of I-49 turning onto the interstate heading north. Along Porter Road and Deane Street from the interstate to Garland Avenue the project includes street improvements with new turn lanes and drainage as well as separated pedestrian and bicycle facilities. This includes coordination with the planning and design of the new police headquarters and fire station. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to College Avenue, the project will include multi-use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park will be designed as part of this contract.

Location:

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.

Background:
This is to approve the 2021 budget. The $171,844,000 budget is less than this year’s $187,539,000 budget.

Mayor Jordan said his primary goals for 2021 are as follows:

• To present a budget with no new program requests and which includes only necessary divisional increases
• To provide the same or increased levels of service to the citizens as previously delivered
• To continue to provide services to the citizens in the most efficient and effective manner

possible

• To fund needed Capital Improvements as can be afforded
• To present a budget that could allow for potential salary increases in 2021 as dictated by market conditions

Comparison:

The full document can be found here.

Discussion:
One person spoke and said they couldn’t find the budget online. Staff said it is indeed on the city’s website. It is also available at the link provided above.

Decision:
The council voted 8-0 to approve the resolution.