City Hall

LIVE UPDATES: City Council Recap: July 5, 2016

By Todd Gill ·

Present tonight: Jeremy Pate, Don Marr, Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Kit Williams (not pictured), and Sondra Smith (not pictured).

Staff photo

On the agenda

  • Selling a portion of the West Avenue Parking Lot.
  • Rezoning 16.2 acres at Wedington Drive and Marioni Drive.
  • Rezoning 185 acres on East Drake Street.
  • Rezoning 2.7 acres at Mount Comfort and Salem roads.
  • Rezoning 8.1 acres on South School Avenue.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, July 5, 2016 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: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long
Absent: None

» View current attendance records

Consent

Consent items typically are approved in a single, all-inclusive vote.

1. Approval of the June 21, 2016 City Council Meeting Minutes
– Pass 8-0

2. McClelland Consulting Engineers, Inc. (Details): A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the amount of $93,900.00 for surveying services associated with the Garden Park Apartments water line project, the Poplar Street/Easy Street sewer line project, the Gregg Street/Fulbright sewer project, and the Kitty Creek sewer line project.
– Pass 8-0

3. Bid # 16-35 Carnahan-White of Arkansas, LLC (Details): A resolution to award Bid # 16-35 and approve a contract with Carnahan-White of Arkansas, LLC in the amount of $49,983.00 for the construction of the Noland Wastewater Treatment Plant effluent pond security fence project, and to approve a project contingency in the amount of $5,000.00.
– Pass 8-0

4. Bid # 16-40 Stearman Roofing and Sheet Metal, LLC (Details): A resolution to award Bid # 16-40 and approve a contract with Stearman Roofing & Sheet Metal, LLC in the amount of $30,540.00 for the installation of a new roof for the Central Fire Station at 303 W. Center Street.
– Pass 8-0

5. Hazmat Services Revenue (Details): A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $4,356.00 and increasing the related expense budget.
– Pass 8-0

6. Bid # 16-41 Steve Landers Toyota NWA (Details): A resolution to award Bid # 16-41 and authorize the purchase of two 2016 Toyota Tacomas from Steve Landers Toyota NWA of Rogers, Arkansas in the total amount of $42,800.00 for use by the Water and Sewer Operations Division.
– Pass 8-0

7. GovDeals, Inc. (Details): A resolution to approve a contract with GovDeals, Inc. for online auction services through June 22, 2017, and any future renewal periods, pursuant to a National Joint Powers Alliance Cooperative Purchasing Agreement.
– Pass 8-0

8. Economic Development Contract for Services – Extension (Details): A resolution to approve an extension to the contract with the Fayetteville Chamber of Commerce for economic development consulting services for up to three (3) months in an amount not to exceed $41,250.00, and to approve a budget adjustment.
– Pass 8-0

Unfinished Business

1. Proposals for Development of South End of West Avenue Parking Lot (Details): A resolution to clarify and extend the timeframe to solicit proposals for development of the West Avenue Parking Lot and to consider parking neutral proposals for sale of smaller parcels on southern end.
– Tabled 8-0

Notes: Alderman Petty passed out to council members a petition he said is signed by some downtown business owners who are in support of development on the south end of the lot (we don’t yet have a copy, but we’ll get one). He reminded aldermen that the proposal is to accept offers for development, and is not a show of support for any particular proposal that’s been brought forth.

Petty said after public comment is taken, he will suggest tabling the proposal until Aug. 2.

Brian Reindl, a developer who has submitted a proposal, said the list of supporters includes 20-25 business owners in the Entertainment District. A few names mentioned include Bugsy’s, Highroller Cyclery, Dickson Street Bookshop, Mickey Finn’s, and Fayettechill. Reindl said business owners he talked to said they like the idea of adding housing in the downtown area that is marketed toward adults.

There was no other public comment tonight.

Petty’s motion to table was unanimously approved.

Quick Summary: This is on hold until Aug. 2.

2. C-PZD 16-5408 (Wedington & Marinoni Dr./Cross Church) (Details): An ordinance to rezone lots 7, 8, 9 and 10 of the McMillan Estates Subdivision of the City of Fayetteville encompassing approximately 16.2 acres located at McMillan Drive from C-2, Thoroughfare Commercial and UT, Urban Thoroughfare to P-1, Institutional subject to the attached bill of assurances.
– Pass 8-0

Notes: Consider reading our previous story about this project for more information.

Cross Church has amended their application to include a new rezoning request for a smaller portion of land and for P1, Institutional instead of the previous C-PZD. City Attorney Kit Williams said the other commercial developers who were previously a part of this request have backed out and will be building their projects under the current UT, Urban Thoroughfare zoning.

Several residents spoke in favor of the request, including Fayetteville Chamber of Commerce President Steve Clark. There was no public comment in protest of the request.

Fayetteville City Attorney Kit Williams said he would have some legal concerns if the council denied the request. Williams said state and federal laws prohibit placing “substantial burden” on the exercise of practicing religious belief. Williams said with applicant’s request of P1, Institutional – a zoning created specifically for larger public institutions and church-related organizations – the city could be found in violation of those laws without showing a compelling reason for denying the proposal.

Quick Summary: This item was approved.

New Business

1. Bid # 16-38 APAC-Central, Inc. (Details): A resolution to award Bid # 16-38 and approve a contract with APAC-Central, Inc. in the amount of $2,574,815.20 for the construction of improvements to Old Wire Road from Mission Boulevard to Ash Street, to approve a project contingency in the amount of $386,222.00, and to approve a budget adjustment.
– Pass 8-0

2. VAC 16-5440 (2514 N. New School Place/The New School) (Details): An ordinance to approve VAC 16-5440 submitted by Jorgensen and Associates, Inc. for property located at 2514 N. New School Place to vacate portions of a utility easement.
– Pass 8-0

3. RZN 16-5438 (1094 Drake St./Pendergraft) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5438 for approximately 185 acres located at 1094 E. Drake Street from R-O, Residential Office, R-A, Residential Agricultural and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare.
– Pass 8-0

Notes: Neal Pendergraft, owner of the property, said he envisions the land as one day being “Fayetteville’s northern front door.” The area includes one of the largest pieces of undeveloped land in the city.

A representative of the applicant has said the plans for the land include a walkable, mixed-use development that could take at least 10 years to fully build out.

“I look forward to this development, by the way,” Mayor Jordan said after the council voted unanimously to approve the request.

Quick Summary: This item was approved.

4. RZN 16-5441 (NW corner of Mount Comfort & Salem Road/Ghan-Cooper) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5441 for approximately 2.71 acres located at the northwest corner of Mount Comfort and Salem Road from R-A, Residential Agricultural to CS, Community Services.
– Pass 6-2

Notes: The president of the Salem Heights Property Owners Association said there are 88 households in his neighborhood. After polling each residence, he said there were 69 responses. Of those responding, 65 were against the request and 4 were in favor. Those against the proposal listed property value, traffic safety, and aesthetics as concerns.

Kyle Smith, a Ward 4 resident, said he was in favor of the request. He said a traffic-signaled intersection is the perfect place for light commercial activity.

Ward 4 Alderman Alan Long said commercial activity does not fit the area at the current time, considering Mount Comfort Road is dominated by residential units. Fellow Ward 4 Alderman John La Tour disagreed, and said the area needs services now.

Aldermen Tennant and Long voted against. Tennant didn’t say why.

Quick Summary: This item was approved.

5. RZN 16-5448 (2050 S. School Ave./Harmon) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5448 for approximately 8.08 acres located at 2050 S. School Ave. from RSF-4, Residential Single Family, 4 units per acre and C-2, Commercial Thoroughfare to CS, Community Services.
– Pass 8-0

6. Crossland Construction Company, Inc. Change Order No. 12 (Details): A resolution to approve Change Order No. 12 to the contract with Crossland Construction Company, Inc. in the amount of $436,555.00 to add the construction of a parking lot, sidewalk and associated road improvements at the Regional Park, to approve an additional project contingency in the amount of $80,202.00, and to approve a budget adjustment.
– Pass 8-0

Announcements

– The Gulley Park Summer Concert Series continues this week. See the full schedule.

– Residents are invited to watch goats clear invasive species at Wilson Park this week. See details.

Adjourned

This meeting was adjourned at 7:10 p.m.