Fayetteville City Council recap: May 17, 2022

Flyer file photo

On the agenda…

  • Two extensions of the city’s sewer system.
  • A contract for improvements to Archibald Yell Boulevard.
  • Rezoning 0.61 acres near West Velda Court.
  • Rezoning 0.43 acres at West Rutledge Lane.
  • Rezoning 0.41 acres at West Rutledge Lane.
  • Rezoning 1.2 acres on Huntsville Road.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, May 17, 2022 inside City Hall in Room 219. The meeting is also available on Zoom and is broadcast live on the city’s YouTube channel.

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 Harvey, D’Andre Jones, Mark Kinion, Mike Wiederkehr, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: Mayor Lioneld Jordan

» View current attendance records


Agenda Additions

1. Extension of City’s Sewerage System Near 1528 S. Roberts Road (Details):

A resolution to approve an extension of the city’s sewerage system beyond the city limits to property located at or near 1528 S. Roberts Road.
Pass 8-0

Background:
This item was brought forward by Council member D’Andre Jones on behalf of a resident who lives outside the city limits that is building a home and needs access to the city’s sewer system.

The city’s utilities engineer said the connection would be fine from a capacity standpoint, according to a staff email to the city attorney’s office.

Discussion:
Staff said there would essentially be no cost to the city if this is approved, as the sewer tap would be paid for by the property owner.

There was no public comment.

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


2. Extension of City’s Sewerage System near 903 S. Baldwin Ave. (Details):

A resolution to approve an extension of the city’s sewerage system beyond the city limits to property located at or near 903 S. Baldwin Ave.
Pass 8-0

Background:
This item was brought forward by Council member Sarah Bunch on behalf of a resident who lives outside the city limits and whose existing septic system is nearing failure. In an email to the city attorney’s office, Bunch said she believes the city’s sewer line actually runs through the resident’s front yard and that the homes across the street are connected to the system, along with the homes to the north and south. Bunch said she’s spoken with the city’s utilities director, who is in support of the connection.

Discussion:
Staff said there would essentially be no cost to the city if this is approved, as the sewer tap would be paid for by the property owner.

There was no public comment.

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


3. Sympathy for Buffalo victims (Details):

A resolution to express the City Council’s sympathy for the innocent grocery store shoppers in Buffalo, New York who were victims of a horrific racist murderer.
Pass 8-0

Background:
This item was brought forward by Council member D’Andre Jones.

From Jones’ memo requesting this resolution:

The City of Fayetteville joins the National League of Cities and takes the moment to reflect on those whose lives were lost in Buffalo this weekend. Our hurt heart goes out to the victims’ families, and we send our thoughts and prayers to Mayor Byron Brown as he works to help heal his city. This weekend’s horrific violence was the latest in a series of mass shootings that have deliberately targeted people based on their race, sexuality and religion. Tonight, let’s remember each of these individuals:

Pearl Young, 77
Ruth Whitfield, 86
Andre Mackneil, 53
Heyward Patterson, 67
Roberta Drury, 32
Geraldine Talley, 62
Katherine Massey, 72
Celestine Chaney, 65
Margus Morrison, 52

Discussion:
There was no public comment.

Council member Sloan Scroggin thanked Jones for bringing the resolution forward.

“It’s important that we call out evil where we see evil,” said Scroggin.

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


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 3, 2022 City Council Meeting Minutes
Pass 8-0

2. Arkansas Department of Aeronautics Grant (Details): A resolution to authorize the acceptance of a 90/10 Arkansas Department of Aeronautics grant in the amount of $135,000.00 for roof repairs to the East Side T-hangars at Drake Field Airport, and to approve a budget adjustment.
Pass 8-0

3. G&W Diesel Services, Inc. d/b/a EVS (Details): A resolution to approve the purchase of self-contained breathing apparatus masks, parts and rapid intervention air paks from G&W Diesel Services, Inc. d/b/a EVS in the amount of $49,249.58 plus any applicable taxes and shipping charges, pursuant to a Gouston-Galveston Area Council cooperative purchasing contract for use by the Fire Department.
Pass 8-0

4. Hazmat Services Revenue (Details): A resolution to approve a budget adjustment in the amount of $11,306.00 recognizing hazmat services revenue received from Washington County and increasing the related expense budget.
Pass 8-0

5. G&W Diesel Services, Inc. d/b/a EVS – 2019 Firefighting Facilities Improvements Bond Project (Details): A resolution to approve the purchase of air cascade systems and parts from G&W Diesel Services, Inc. d/b/a EVS – 2019 Firefighting Facilities Improvements Bond Project in the amount of $93,084.72 plus any applicable taxes and shipping charges, pursuant to a Houston-Galveston Area Council cooperative purchasing contract, for use at Fire Stations #8 and #9, and to approve a budget adjustment – 2019 Firefighting Facilities Improvements Bond Project.
Pass 8-0

6. RFQ #21-01 Selection #9, Olsson, Inc. (Details): A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #21-01 Selection #9, in the amount of $201,840.00 for the development of a Lake Fayetteville water quality study, and to approve a budget adjustment.
Pass 8-0

7. McClelland Consulting Engineers, Inc. Amendment – 2019 Street Improvements Bond Project (Details): A resolution to approve an amendment to the professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of $23,130.00 for additional work for the Zion Road – Vantage to Crossover project, and to approve a budget adjustment – 2019 Street Improvements Bond Project.
Pass 8-0

8. AEP/SWEPCO, Center/Harmon Intersection Project – 2019 Street Improvement Bond Project (Details): A resolution to authorize a contract with AEP/SWEPCO for utility relocations associated with the Center/Harmon Intersection Project, with the amount to be paid by the City of Fayetteville not to exceed $53,630.80, and to approve a budget adjustment – 2019 Street Improvement Bond Project.
Pass 8-0

9. Garver, LLC Amendment No. 1 – 2019 Transportation Bond Project (Details): A resolution to approve Amendment No. 1 to the professional engineering services agreement with Garver, LLC in the amount of $25,400.00 for construction phase services associated with the Archibald Yell Boulevard Improvements Project, and to approve a budget adjustment – 2019 Transportation Bond Project.
Pass 8-0

10. Advanced Exercise Fitness Solutions (Details): A resolution to authorize the purchase of gym equipment for the new police headquarters building from Advanced Exercise Fitness Solutions, pursuant to a Sourcewell cooperative purchasing contract, in the amount of $95,178.04 plus any applicable taxes and shipping charges, to authorize future purchases on an as-needed basis through Oct. 1, 2024, and any future renewal periods, and to approve a budget adjustment.
Pass 8-0

11. Patterson-Pope (Details): A resolution to authorize the purchase of Spacesaver mobile storage systems and shelving for the new police headquarters building from Patterson-Pope and other dealers, pursuant to a Sourcewell cooperative purchasing contract, in the amount of $253,919.34 plus any applicable taxes and shipping charges, and to authorize future purchases on an as-needed basis through March 25, 2024, and any future renewal periods.
Pass 8-0

12. RFQ 22-02, Connors and Winters, LLP (Details): A resolution to authorize a contract with Conner & Winters, LLP, pursuant to RFQ 22-02, to provide legal services for public-private partnerships, negotiations, contracts, and closing documents over a 5-year period, and to approve a budget adjustment.
Pass 8-0

13. Technology Solutions Products, TIPS Cooperative Purchasing (Details): A resolution to authorize the purchase of technology solutions, products, and services from authorized resellers, pursuant to a TIPS cooperative purchasing contract, on an as needed basis through March 31, 2027 and any future renewal periods.
Pass 8-0

14. Arkansas Department of Transportation and Northwest Arkansas Regional Planning Commission (Details): A resolution to express the willingness of the City of Fayetteville to apply for federal-aid Transportation Alternative Program funds through the Arkansas Department of Transportation and through the Northwest Arkansas Regional Planning Commission in the amount of $500,000.00 each for the transportation elements associated with the I-49 and Martin Luther King Jr. Boulevard Interchange Project, and to approve a city match of $125,000.00 for each grant.
Pass 8-0

15. General Motors for Chevrolet Tahoes (Details): A resolution to approve the purchase of 12 Chevrolet Tahoes from General Motors or its authorized dealers, pursuant to Ordinance 6491, in the total amount of $562,891.68, and to approve a budget adjustment.
Pass 8-0

16. Lake Fayetteville Regional Park Trails Grant Application (Details): A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal-aid Recreational Trails Program funds in the amount of $250,000.00 for improvements to Lake Fayetteville regional park trails, and to approve a city match of $62,500.00 for the project.
Pass 8-0


Unfinished Business

None


New Business

1. Nelson Byrd Woltz, LLC Change Order No. 6 (Details)

A resolution to approve Change Order No. 6 to the contract with Nelson Byrd Woltz, LLC in the amount of $999,510.00 to provide professional landscape architecture services for the Upper Ramble and additional construction administration services for the Lower Ramble in the Cultural Arts Corridor, to approve a loan of $988,070.00 from the general fund to the Arts Corridor 2022 Bond Fund to be reimbursed when the bonds are issued, and to approve a budget adjustment.
Pass 8-0

Background:
This item is a change order to the contract for architecture services for construction documentation and administration for the Cultural Arts Corridor project.

Discussion:
There was no public comment.

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


2. Bid #22-29 Benchmark Construction of NWA, Inc. (Details)

A resolution to award Bid #22-29 and authorize a contract with Benchmark Construction of NWA, Inc. in the amount of $2,995,576.53 for the construction of the Archibald Yell Boulevard Improvements Project, to approve a project contingency in the amount of $300,000.00, and to approve a budget adjustment – 2019 Street Improvement Bond Project.
Pass 8-0

Background:
This contract is for construction of the improvements planned on Archibald Yell Boulevard near downtown Fayetteville. It includes a redesign of the intersection at Archibald Yell, and a reduction of the four-lane road to three lanes from College Avenue to South Street, with a traffic signal and pedestrian crossing at South Street.

Discussion:
Staff said traffic studies have shown that reducing the road to three lanes will still satisfy the daily traffic volume. The curbs, however, will remain in place in case there is a future traffic issue and the road needs to be re-striped again.

Several council members said they’re excited about the improvements and they’re ready to see the project get started.

There was no public comment.

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


3. RZN 2022-014 (West Velda Court and West Rutledge Lane/Nicholas Corter LLC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-014 located between West Velda Court and West Rutledge Lane in Ward 1 for approximately 0.61 acres from RSF-4, Residential Single-Family, 4 units per acre to NC, Neighborhood Conservation.
Pass 7-1

Background:
The property is currently undeveloped and although the site is fairly steep, no portion of the property is located within the Hillside-Hilltop Overlay District.

The applicant had previously requested RI-U, Residential Intermediate-Urban, which city staff did not support, but the application was amended to request NC, Neighborhood Conservation.

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

Location:

Discussion:
Turk said she has concerns about water runoff from the steep slopes if the property is developed under the proposed zoning district. She said she can’t support the request.

Harvey said the property is indeed steep, but she’s confident the city’s new stormwater regulations will be applied to the property when it’s developed to keep runoff from being a problem for the neighbors. “It’s going to be a fun design project,” she said.

Kinion said he’ll support this request, but he can’t support the project as a whole (this is part of three rezonings for the same project) because of the steep topography. He said he doesn’t think the city’s regulations can help reduce the sheer volume and velocity of the water from the steep slope if it’s developed under the zoning districts as requested in the three proposed ordinances on tonight’s agenda.

There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-1 to approve it. Turk voted against.


4. RZN 2022-015 (West Rutledge Lane and South Oak Road/Nicholas Corter LLC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-015 located at West Rutledge Lane and South Oak Road in Ward 1 for approximately 0.43 acres from RSF-4, Residential Single-Family, 4 units per acre to RSF-18, Residential Single-Family, 18 units per acre.
Fail 4-4

Background:
The property is currently undeveloped and is located on a hill with an average slope of 10%.

The applicant had previously requested RI-U, Residential Intermediate-Urban, which city staff did not support, but the application was amended to request RSF-18, Residential Single-Family, 18 units per acre.

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

Location:

Discussion:
Kinion said more homes on this property will put a strain on the neighborhood.

There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 4-4 so the item fails. Wiederkehr, Scroggin, Turk and Kinion voted against.


5. RZN 2022-016 (2914 W. Rutledge Lane/Nicholas Corter LLC) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-016 located at 2914 West Rutledge Lane in Ward 1 for approximately 0.41 acres from RSF-4, Residential Single-Family, 4 units per acre to RSF-18, Residential Single-Family, 18 units per acre.
Pass 7-1

Background:
The property is currently developed with one single-family home.

The applicant had previously requested RI-U, Residential Intermediate-Urban, which city staff did not support, but the application was amended to request RSF-18, Residential Single-Family, 18 units per acre.

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

Location:

Discussion:
Kinion said his initial thought was that this request would adversely affect the area, but he has since reconsidered.

There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-1 to approve it. Wiederkehr voted against.


6. RZN 2022-018 (1320 E. Huntsville Road/ Martens) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-018 located at 1320 E. Huntsville Road in Ward 1 for approximately 1.20 acres from RSF-4, Residential Single-Family, 4 units per acre to RI-U, Residential Intermediate-Urban.
Pass 6-2

Background:
The property is currently developed with one single-family home and three associated outbuildings, and features steep topography. The site slopes from a high point near the northwest corner towards East Huntsville Road at a roughly 17% grade. The west half of the property lies within the Hillside-Hilltop Overlay District.

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

Location:

Discussion:
Harvey said the area is great for more housing options.

Turk said she can’t support the request because of the steep slope on the property.

There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-1 to approve it. Turk and Kinion voted against.


Adjourned

This meeting was adjourned at 7:43 p.m.

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