City Council recap: Oct. 15, 2013

Agenda highlights

  • Creating an energy improvement district.
  • Rezoning of property to allow a Kum & Go store on Mount Comfort Road.
  • Amending some height and setback regulations.
  • Allowing U-turns at intersections with traffic signals.
  • Adding requirements for secondhand dealers.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 6 p.m. Tuesday, Oct. 15, 2013 inside room 219 of the City Administration Building, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval, action taken and links to downloadable PDFs for more information on each item of business.

Roll Call

Present: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Martin Schoppmeyer, Rhonda Adams, Alan Long
Absent: Justin Tennant


1. Approval of the Oct. 1 City Council meeting minutes.
Pass 7-0

2. Bid #13-52 Time Striping, Inc. (PDF): A resolution awarding Bid #13-52 and authorizing the purchase from Time Striping, Inc. of thermal striping, in variable amounts, for the Transportation Division as needed through the end of calendar year 2014.
Pass 7-0

3. Solid Waste Hauling and Disposal Fees (PDF): A resolution approving a budget adjustment in the total amount of $269,000.00 to provide funding for solid waste hauling and disposal fees.
Pass 7-0

Unfinished Business

1. Amend §164.11 Height and Setback Regulations; Exceptions (PDF): An ordinance to Amend §164.11 Height and Setback Regulations; Exceptions to enhance livability through appropriate transitions in building scale and to protect access to air and sunlight and to enact an emergency clause. This ordinance was left on the first reading on Sept. 17, and left on the second reading on Oct. 1.
Tabled 5-2*
* Tabled until Nov. 5, and referred to the Planning Commission. Council members Long and Marsh voted against tabling the proposal.

2. PPL 13-4404 (Persimmon Street Master Street Plan Right-of-Way/Legacy IV Subdivision) (PDF): A resolution to approve the dedication of 70 feet of right of way for Persimmon Street along most of the owner’s property as recommended by the Planning Commission. This resolution was tabled on Oct. 1.
Pass 7-0

3. RZN 13-4467 (Mount Comfort and Shiloh/Kum & Go) (PDF): An ordinance rezoning that property described in rezoning petition RZN 13-4467, for approximately 1.65 acres located at the northwest corner of Mount Comfort Road and Shiloh Drive from R-A, Residential Agricultural and RSF-4, Residential Single-Family, 4 units per acre, to C-1, Neighborhood Commercial. This ordinance was left on the first reading on Oct. 1.
Left on the second reading

New Business

1. VAC 13-4478 (Twin Creeks Village Lot 19B4) (PDF): An ordinance approving VAC 13-4478 submitted by McClelland Engineering Consulting for property located at 163 Van Asche Loop, to vacate a portion of a drainage easement, a total of 0.03 acres.
Pass 7-0

2. ADM 13-4487 (Links at Fayetteville PZD Modification #3) (PDF): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2452 Links at Fayetteville to revise the zoning criteria for Planning Area One, to include Use Unit 18, Gasoline Service Stations and Drive-in/Drive Through Restaurants, as a permitted use, and to revise the architectural design standards at the northeast corner of Wedington Drive and Golf Club Drive.
Pass 7-0*
*Amended from 77 feet of right-of-way to 73 feet.

3. Dickson Street Crossing Safety Improvements (PDF): A resolution expressing the intent of the City of Fayetteville to enter into a cost-share agreement with Arkansas & Missouri Railroad Co. for crossing safety improvements at the Dickson Street Railroad Crossing, contingent upon approval by Arkansas & Missouri Railroad Co. of Amendment No. 1 to the 2008 trail license agreement and not unreasonably withholding assent to future trail easements for the City.
Pass 7-0

4. Fayetteville Energy Improvement District (PDF): An ordinance creating a Property Assessed Energy Improvement District coextensive with the City of Fayetteville named “Energy Improvement District No. 1” to facilitate a PACE program and adopting certain provisions related thereto.
Pass 7-0

5. Amend Chapter §71.052 “U” Turns (PDF): An ordinance to repeal §71.052 “U” Turns and to enact a new §71.052 “U” Turns into the Fayetteville Code to permit “U” Turns on streets with medians.
Pass 7-0

6. Amend Chapter 115 Pawnbrokers (PDF): An ordinance amending Chapter 115: Pawnbrokers of the Code of Fayetteville, renaming it to Chapter 115: Pawnbrokers and Secondhand Dealers, requiring licensure of secondhand dealers and requiring electronic reporting of certain items purchased by secondhand dealers.
Left on the first reading

7. Boston Mountain Solid Waste District (PDF): An ordinance waiving the requirements of formal competitive bidding and approving a contract with the Boston Mountain Solid Waste District in the amount of $25,000.00 for an environmental and recycling education program.
Left on the second reading

8. Amend Rules of Order and Procedure (PDF): A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council A. City Council meetings 7. Presentation of Agenda Items by adding a new subsection a. Agenda items not included within the Tentative Agenda packet.
Pass 7-0