LIVE UPDATES: Fayetteville City Council recap: June 5, 2018

File photo

On the agenda…

  • A cost-share for a water main on Oxford Bend Road.
  • Rezoning 23 acres at 4005 W. Martin Luther King Jr. Blvd.
  • An application for a private club on Arkansas Highway 112.
  • An agreement for the Stormwater Utility Feasibility Study.
  • A contract for a corridor plan for College Avenue/Highway 71B.
  • Rezoning 0.25 acres at 714 S. College Ave.
  • A lesser dedication at the 9th Street Cottages.
  • An amendment to encourage more accessory dwelling units in the city.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, June 5, 2018 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, Sarah Bunch*, John La Tour, Kyle Smith
Absent: None

* Bunch arrived at 6:09 p.m.

» View current attendance records

City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – City Finance Director Paul Becker


Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member.

1. Approval of the May 15, 2018 City Council Meeting Minutes
Pass 7-0

2. RFQ 18-01 Burns & McDonnell Engineering Company, Inc. (Details): A resolution to authorize a professional engineering services agreement with Burns & McDonnell Engineering Company, Inc., pursuant to RFQ 18-01, for engineering design services for the water and sewer relocations required by the Arkansas Department of Transportation Interstate 49/Wedington Drive Interchange Project in the amount of $203,269.00, and to approve a project contingency in the amount of $40,653.80.
Pass 7-0

3. McClelland Consulting Engineers, Inc. (Details): A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc. in an amount up to $128,930.00 for engineering services associated with the replacement of existing water mains along North College Avenue between North Street and East Millsap Road, and to approve a project contingency in the amount of $25,786.00.
Pass 7-0

4. University of Arkansas Osher Lifelong Learning Institute (Details): A resolution to approve a lease agreement with the board of trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal Building to be used by the Osher Lifelong Learning Institute to conduct classes during the fall 2018 semester in the amount of $25.00 for each day the space is used.
Pass 7-0

5. Garver, LLC (Details): A resolution to authorize additional funding in the amount of $10,000.00 for the provision of on-call engineering and surveying services for the airport by Garver, LLC.
Pass 7-0

6. Bid #18-31 Tri-Star Contractors, LLC (Details): A resolution to award Bid #18-31 and authorize a five-year airport hay field lease agreement with Tri Star Contractors, LLC in the total rental amount of $27,454.00.
Pass 7-0

7. Henard Utility Products, Inc. (Details): A resolution to approve the purchase of a Pipehunter 7934 Wash Trailer from Henard Utility Products, Inc. of Searcy, Arkansas in the amount of $73,895.00 plus applicable taxes, pursuant to a Houston-Galveston Area Council Cooperative Purchasing Contract, for use by the Water and Sewer Operations Division.
Pass 7-0

8. IPS Group, Inc. (Details): A resolution to approve a three-year contract with IPS Group, Inc. for mobile parking enforcement devices and parking enforcement management, permitting and payment software in the amount of $80,140.00 for the first year and $62,500.00 for the second and third years, pursuant to a National Cooperative Purchasing Alliance Cooperative Purchasing Agreement; to approve a project contingency in the amount of $9,220.00 for each year the contract is in effect; and to approve a budget adjustment.
Pass 7-0

9. Centennial Open Space (Details): A resolution to acknowledge the City Council’s contractual obligation and intent to maintain the 228-acre Centennial Open Space as public recreation land in perpetuity.
Pass 7-0

10. Richardson Community Center Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $23,106.00 representing a donation from Friends of YRCC to support the Summer Fun4Kids program and fall programs at the Yvonne Richardson Community Center.
Pass 7-0

11. Library Expansion Project Change Order No. 1 – Demolition Old City Hospital (Details): A resolution to approve Change Order No. 1 to the Construction Manager at Risk Contract with Crossland Construction Company, Inc. in the amount of $488,246.00 for the demolition of the old City Hospital.
Pass 7-0

12. Facilities Management Division Position Conversion (Details): A resolution to authorize the conversion of a half-time construction and contract manager position to a full-time custodian position in the Facilities Management Division.
Pass 7-0

13. McGoodwin, Williams and Yates, a division of Olsson Associates, Inc. (Details): A resolution to approve Amendment No. 4 to the agreement with McGoodwin, Williams and Yates, a division of Olsson Associates, Inc. in the amount of $8,910.00 to provide an analysis, recommendation, and cost estimate to achieve Leed Gold Certification for the recently completed Recycling and Trash Collection Division office building.
Pass 7-0

14. Arkansas Historic Preservation Program (Details): A resolution to approve a grant agreement with the Arkansas Historic Preservation Program for a Certified Local Government Grant in the amount of $5,791.00, and to approve a budget adjustment.
Pass 7-0

Unfinished Business

1. Oxford Bend Waterline Cost Share (Details): An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Bob Weaver for the installation of water main along a 370-foot portion of Oxford Bend Road, with the estimated amount to be paid by the City of Fayetteville not to exceed $6,535.00, and to approve a project contingency in the amount of $1,307.00.
Pass 5-3

Notes: Property owner Bob Weaver has requested water service for a single-family home being constructed. He’ll be responsible for installing the main extension. City staff said based on his projected usage, Weaver only needs a 4-inch water main. However, city officials anticipate future growth in that area and will instead require Weaver to install an 8-inch line, but the city will pay the difference in cost.

The item was left on the first reading at the May 15 meeting.

On June 5, Utilities Director Tim Nyander estimated the city will save about $20,000 with this cost-share agreement.

Council member Marsh said she doesn’t want to see a new neighborhood built that far out on the edge of town. She said she’d support a cost-share for a 4-inch line, but not for an 8-inch line.

Council member Kinion said while the city doesn’t want to support sprawl, it has a responsibility to make sure that infrastructure is in place for the expected growth in that area.

Council member Tennant agreed with Kinion and said he appreciates city staff’s attention to saving taxpayer dollars.

Council member Petty asked Nyander what the benefit of an 8-inch line would be. Nyander said fire service requires an 8-inch line. Petty said according to the city’s fire hydrant proximity rules, most of the parcels in that area would require their own fire hydrant. He said it’s unlikely every homeowner will volunteer to install a fire hydrant for their parcel, and therefore, he doesn’t want to spend the money on an 8-inch line.

Marsh, Petty and Smith voted against the ordinance. Mayor Jordan cast the final vote needed to pass the ordinance.

2. RZN 18-6152 (4005 W. MLK Blvd./Duggar) (Details): An ordinance to rezone that property described in rezoning petition RZN 18-6152 for approximately 23.76 acres located at 4005 W. Martin Luther King Jr. Boulevard from R-A, Residential Agricultural to UT, Urban Thoroughfare.
Left on the second reading

Notes: The property parcel contains 30.90 acres, however only 23.76 acres is proposed for rezoning. Both city staff and the Planning Commission are in favor of the request.

Here’s a map:

The item was left on the first reading at the May 15 meeting.

On June 5, Council member Gray said she has concerns about the trees on the parcel. A representative for the property owner last month said the Planning Commission asked them if they would leave a strip of trees on the property’s southern border as part of the city’s 15 percent tree canopy preservation rules. Gray said she wouldn’t be in favor of a project that would remove trees from everywhere except the property border.

Council member Smith agreed, and said the council could be setting itself up for a similar situation that it was in a couple of months ago when a property owner requested a vacation of an old tree preservation on a parcel that had used its tree canopy entirely on the border of the land (see item #2 from the April 3 City Council meeting).

Council member Marsh said Urban Thoroughfare is an appropriate zoning next to the road, but said she’d like to see it stepped back a bit from the nearby Kessler Mountain.

Council member Petty said he’s ready to support a variety of uses on the land, but he doesn’t like that UT allows up to seven stories across the entirety of the parcel. He said if a modified request were brought forward, he’d be in favor.

The property owner representative said the reason they mentioned the tree buffer was because the Planning Commission had requested it. The representative said they have no plans to wipe the entire parcel clear of trees except for the buffer.

The council agreed to leave the item on the second reading to allow the property owner some time to revise the request.

New Business

1. The Roost Motor Club Private Club Application (Details): An ordinance to approve the application of Tanner Bassett, on behalf of The Roost Motor Club for a permit to operate as a private club in the City of Fayetteville at 3582 N. Arkansas Highway 112.
Pass 8-0

Notes: City staff are in favor of approving the application subject to the following conditions:

  1. The business owner or manager shall contact the Fayetteville Police Department’s Community Oriented Policing Division to schedule training for staff to properly identify fraudulent identifications.
  2. A multi-camera surveillance system must be installed on the inside of the business to provide video surveillance of the main entrance/exit, bar area and registers.
  3. The business owner or manager shall provide a “good neighbor” policy to surrounding businesses and residents of the club, if any.
  4. The Arkansas Alcoholic Beverage Control permit holder associated with The Roost Motor Club shall obtain the minimum training requirements as a private security officer, as defined in Ark. Code Ann. § 17-40-208 and shall receive a training certificate. A copy of the training certificate shall be provided to the Fayetteville Police Department’s Special Events Division supervisor.

Council member Petty said he’s fine with the stipulation that the permit holder attend a security officer training course, but said there is currently only one person in this part of the state who can administer the training. He said he’s involved with the permitting process for a business that has tried to schedule a training class, but the instructor has cancelled the class twice, which has held up the opening of the business. Petty suggested amending the stipulation to require the permit holder to receive training within six months of their opening date, instead of before they open. Council member Gray seconded the motion.

The amendment and ordinance both passed unanimously.

2. Stormwater Utility Study Contract (Details): A resolution to authorize a professional services agreement with CH2M Hill Engineers, Inc., pursuant to RFQ 18-02, in an amount not to exceed $229,222.00 for a Stormwater Utility Feasibility Study, and to approve a budget adjustment.
Pass 8-0

Notes: The City Council last August expressed its intent to move forward with a stormwater feasibility study to address the city’s issues with stormwater runoff. City staff have since worked to draft an RFQ with guidance from the council’s Water and Sewer Committee. Seven firms responded, three were interviewed, and CH2M Hill was eventually selected. The council originally set aside $200,000 from the general fund to pay for the study. This request includes a budget adjustment for an additional $29,222 from that same fund, and cover the cost of advertising the request for qualifications, for a total budget adjustment of $29,498.

3. Bid #18-27 HWY 112 (Maple Street) (Details): A resolution to award Bid #18-27 and approve a contract with the lowest responsive, responsible bidder for the construction of a portion of Highway 112 (Maple Street) between Razorback Road and Garland Avenue, to approve a project contingency, and to approve a budget adjustment.
Pass 8-0

Notes: City Engineer Chris Brown said Nabholz Construction was the low bidder.

4. RFP #18-04 RDG IA, Inc. d/b/a RDG Planning & Design (Details): A resolution to award RFP #18-04 and authorize a contract with RDG IA, Inc. d/b/a RDG Planning & Design in the amount of $153,066.00 for the development of the Highway 71B Corridor Plan, to approve a project contingency in the amount of $46,934.00, and to approve a budget adjustment.
Tabled 8-0

Notes: The City Council in February recommended in favor of a corridor plan for College Avenue/Highway 71B from Cato Spring Road north to the city limits. This contract is for the development of that plan.

Garner Stoll, the city’s development services director, said 13 firms responded to the RFP.

Council member Marsh said RDG Planning & Design was her least favorite of all the groups that responded. She said as a member of the selection committee, she doesn’t think they’re the right team for the job. She also named several things in the contract that she said need to be adjusted.

Kinion moved to table the resolution until June 19. La Tour seconded.

5. RZN 18-6176 (714 S. College Ave./Cameron) (Details): An ordinance to rezone that property described in rezoning petition RZN 18-6176 for approximately 0.25 acres located at 714 S. College Ave. from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
Pass 8-0

Notes: Both the Planning Commission and city staff are in favor of the rezoning. The property is currently vacant, following demolition of a single-family home several years ago. It is surrounded on three sides by single-family homes in the Neighborhood Conservation zoning district.

Here’s a map:

6. ADM 18-6223 (SE of College Avenue & 9th St./9th St. Cottages) (Details): A resolution to approve a lesser dedication of 23.5 feet from centerline rather than 29.5 feet from centerline of College Avenue because of undue hardship or practical difficulties for the landowner.
Tabled indefinitely

Notes: The Planning Commission recommended approval, but city staff are against the request.

From city documents:

“In their request letter, the applicant has noted that right-of-way dedication requirements along College Avenue will total approximately 22% of one of the proposed four new properties (or 7% of the existing property), and that this is arbitrary and capricious. Right-of-way dedication is a typical requirement as codified in the City’s Unified Development Ordinance of all land subdivisions where insufficient right-of-way is required to accommodate the City’s designated Master Street Plan section. The request to calculate right-of-way dedication from the center of the existing right-of-way rather than the street centerline is inconsistent with the City’s requirements, and may lead to an inability to make future street improvements associated with College Avenue’s 59-foot Collector classification.

College Avenue’s existing right-of-way width at this location is a result of the Walker family’s dedication in 1990 which allowed for the existing sidewalk and greenspace on the west side of College. By reducing the right-of-way dedication requirement on College’s east side, this will require the City to reduce or eliminate potential street elements, such as bike lanes, sidewalks, or greenspace. Given these considerations, staff does not recognize a hardship associated with the proposal to subdivide and develop the property, and denial of the request is recommended. Further, staff evaluated this entire section of South College Avenue and determined that it does function as a Collector Street and the additional right-of-way is in the long-term interest of Fayetteville residents to accommodate safe and convenient multi-modal transportation.”

Here’s a map:

The applicant asked to withdraw this request. The council voted unanimously to table the item indefinitely.

7. ADM 18-6094 (Amend UDC 164.19/Accessory Dwelling Units) (Details): An ordinance to amend § 164.19 Accessory Dwelling Units of the Unified Development Code to encourage the construction of more accessory dwelling units in Fayetteville.
Left on the first reading

Notes: Both the Planning Commission and city staff are in favor of the amendment.

From city documents:

“Staff, property owners, and the development community have identified several impediments to building ADUs under the current ordinance. The primary impediment is the requirement for the property owner to file a deed restriction specifying that the owner will reside on the property either in the principal or accessory dwelling. This was included as a neighborhood protection measure to ensure that both the primary house and the ADU could not be rentals. Staff proposes to remove this impediment to encourage more ADUs to be built to fulfill the goals of City Plan 2030. To staff’s knowledge there have been few if any neighborhood complaints related to ADUs and the current code is overly restrictive.”

The following restrictions (that are not standard for single-family dwellings) would be removed:

  • Exterior design requirements.
  • One additional parking space (unless the ADU is over 800 square feet).
  • Deed restriction specifying that the owner will reside on the property either in the principal or accessory dwelling.
  • Additional site and landscape plan review.

Other changes (as recommended by the Planning Commission) include:

  • Strengthening requirements to protect privacy of adjacent backyards.
  • Allowing one detached and one attached or interior ADU provided total additional space doesn’t exceed 1,200 square feet.

Council members Kinion and Marsh said they’re concerned about increasing occupancy to existing neighborhoods. Marsh said more people means more cars and more noise.

Council member Smith said there are means to address excess cars and noise, and this ordinance aims to create more options for affordable housing.

The council discussed how many occupants should be allowed in an ADU. There was also a discussion about which direction windows should face in an effort to preserve the privacy of neighboring dwellings, and height restrictions of an ADU.

City Attorney Kit Williams suggested leaving the item on the first reading to allow some time to tighten the ordinance language.


– The next Gulley Park concert is June 14 with Ben Miller Band.


This meeting was adjourned at 8:50 p.m.