
File photo
On the agenda…
- Rezoning 0.24 acres on South Washington Avenue.
- Rezoning 1.36 acres north of Deane Solomon Road.
- Rezoning 0.26 acres west of West Miller Street.
- A bid for lighting along the Cato Springs Trail.
- A cost share agreement with a sorority house for street improvements on Maple Street and Vandeventer Avenue.
- An agreement for solar power generation at the two Fayetteville wastewater treatment facilities.
- Permanently preserving 44 acres of wet prairie land.
- Adopting the 2019 Annual Budget and Work Program.
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Nov. 20, 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 5:40 p.m. during the Consent Agenda reading.
» View current attendance records
City Council Meeting Presentations, Reports and Discussion Items
1. Nominating Committee Report – Council member Mark Kinion
– Pass 6-1
Discussion: Marsh said she still feels like Scott should not be ratified as a member of the council. Council members Kinion and Gray said they disagree, and that just because Scott has done consultant work for the university, that doesn’t mean she would be working against the interest of the public at large.
Decision: The council voted 6-1 to approve the recommendation. Marsh voted against. Bunch had not yet arrived at the meeting during the vote.
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 Nov. 8, 2018 City Council Meeting Minutes
– Pass 8-0
2. Aracrebs II, LLC d/b/a Elite Building Solutions (Details): A resolution to approve the quote by Aracrebs II, LLC d/b/a Elite Building Solutions in the amount of $82,260.00, pursuant to Resolution No. 164-16, for replacement of the Drake Field Terminal Boiler, to authorize the Facilities Management Division to construct improvements for the project at a cost of $5,200.00, to approve a project contingency in the amount of $8,746.00, to authorize acceptance of an Arkansas Department of Aeronautics 50/50 matching grant in the amount of $43,730.00, and to approve a budget adjustment.
– Pass 8-0
3. Jet Fuel Budget Adjustment (Details): A resolution to approve a budget adjustment in the amount of $189,000.00 to appropriate additional funding for the purchase of jet fuel through the end of 2018.
– Pass 8-0
4. Water Usage Budget Adjustment (Details): A resolution to approve a budget adjustment in the amount of $1,120,000.00 in the purchased water account due to increased water usage.
– Pass 8-0
5. Federal and State Law Enforcement Forfeitures and Reimbursement Payments (Details): A resolution to approve a budget adjustment in the total amount of $64,924.00 recognizing revenue associated with federal and state law enforcement forfeitures and reimbursement payments from the United States Department of Homeland Security.
– Pass 8-0
6. Community Access Television, Inc. d/b/a Your Media (Details): A resolution to approve a renewal of the contract with Community Access Television, Inc. d/b/a Your Media in the amount of $165,779.00 for the provision of public access television services and the operation of the Public Access Television Channel through 2019, contingent on approval of the 2019 Annual City Budget and Work Program.
– Pass 8-0
7. Community Resources Donations (Details): A resolution to approve a budget adjustment in the total amount of $941.00 representing donations to Ranger’s Pantry and Community Development Block Grant program income received from the Walton Family Foundation for a travel and training reimbursement.
– Pass 8-0
8. RFQ 18-14 Kutak Rock, LLP (Details): A resolution to approve a contract with Kutak Rock, LLP pursuant to RFQ 18-14 for bond counsel services as needed through Dec. 31, 2023.
– Pass 8-0
9. RFQ 18-15 Stephens, Inc. (Details): A resolution to approve a contract with Stephens, Inc. pursuant to RFQ 18-15 for bond underwriting and related services as needed through Dec. 31, 2023.
– Pass 8-0
Unfinished Business
1. RZN 18-6341 (1248 S. Washington Ave./Sugarland Properties) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6341 for approximately 0.24 acres located at 1248 S. Washington Ave. from NC, Neighborhood Conservation to RI-U, Residential Intermediate – Urban.
– Pass 5-3
The Planning Commission and city staff recommend approval of the request.
Location: Here’s a map of the rezoning request area…
Oct. 16 Discussion: The first person to speak during public comment was against the request. She said if approved, this rezoning could set a precedent for other property owners who want to rezone their land to allow for redevelopment. If that continues to occur, she said, the character of the neighborhood would be lost.
About 10 people spoke against the rezoning, citing concerns about traffic safety, stormwater runoff, and a fear of not knowing what would be developed if the property is rezoned.
Council member Marsh said state law does not allow the council to consider a specific development when pondering whether a rezoning should be approved. She said a lot of homes in that neighborhood weren’t built well and are nearing the end of their life. Redevelopment, she said, allows for added density and a variety of new housing types, and people need more options for homes in that part of town. Marsh said by adding on-street parking and new sidewalks, traffic concerns could be alleviated. She said she’ll be voting in favor.
Council member Kinion said there’s already a master plan in place for the Walker Park area, so it troubles him to see individual spot zoning-style requests for rezonings across the neighborhood.
Council member Gray said she agrees with the residents who are concerned about losing the integrity of their neighborhood.
Council member Smith said he hears a lot of fear about the RI-U zoning, but said there’s a lot of opportunity for this particular district to add development while also fitting in with the current neighborhood. However, he said he agrees with Kinion in that smaller single rezonings are troubling.
The council agreed to leave the item on the first reading.
Nov. 8 Discussion:
Council member Gray was not present, but earlier requested the council wait until she returns to make a decision. The council agreed to table the item for two weeks.
Nov. 20 Discussion:
A petition was submitted to city staff with signatures from 39 residents who are opposed to the rezoning. A letter included with the petition states that the residents are worried about having 3-story homes built in the neighborhood.
Council member Marsh asked city staff what the current height limit is on the property. Staff said the current zoning district already allows for a 3-story structure. The proposed rezoning would reduce that height to 2 stories, unless the structure is set back 10 feet from the property line when it would be allowed to be 3 stories again.
Former council member Nancy Allen spoke against the rezoning. She said a group of neighbors is currently against the rezoning request. Allen said when she was an elected official, she listened to her constituents and did what they wanted, and so should this current council.
A total of six residents spoke against the request, citing concerns about traffic safety, stormwater runoff and loss of green space. Several said they don’t want to see rental homes in the neighborhood, which they believe the new zoning district would attract.
One resident spoke in favor of the rezoning, and said it would help add to the area’s housing needs.
Kinion said the Walker Park Neighborhood Plan does not envision the type of housing that this rezoning would allow on this particular block. He said the residents were promised something when the plan was developed, and the council needs to adhere to that promise.
Marsh said she believes the requested rezoning is very much compatible with the neighborhood. She said the requested zoning district was not yet created when the Walker Park Neighborhood Plan was developed, but is designed to encourage construction of housing that is compatible with existing single-family structures. She said the lot in question is directly adjacent to a group of multi-family structures (12th Street Apartments), which makes it a good fit for RI-U. She’ll vote for the request.
Smith said he’s unsure how he’ll vote. He said he understands some of the neighbors’ concerns, but also agrees with Marsh in that the new zoning won’t allow structures that are any taller than what’s currently allowed. He said there were several new homes recently built in the area that don’t look like what some people envision when they think of smaller homes that are built on lots that originally held one larger structure. Many residents complain about height during rezoning discussions, which is something the city might should go back and review.
Gray agreed with Kinion and said she would side with the neighbors. “I don’t want to be a part of any government that makes a promise to residents and then changes its mind,” said Gray. She’ll vote against the request.
Petty said affordability is the biggest problem Fayetteville faces right now, and as a developer, he knows firsthand that construction is expensive. He said people are moving to town and they’re outbidding the current residents. The only way to fix that, he said, is to increase the housing supply. “I don’t like it, but the math is relentless,” Petty said. On this property, he said he’d rather have three smaller, relatively less expensive houses built on the lot instead of a larger, more expensive single home. He’ll vote in favor.
La Tour said he agrees with Petty in that the city needs more housing. He’ll vote in favor.
Bunch said the established neighborhood plan is the one thing that gives her pause about approving this. However, she said the community needs more housing and this particular request would be a good fit for the neighborhood, so she’s inclined to support it.
Mayor Jordan said he lives in a neighborhood with many renters and multi-family units. He said it’s unfair to characterize renters as bad neighbors.
Decision:
The request was approved 5-3 with Gray, Kinion and Tennant voting against.
2. RZN 18-6348 (2454 N. Deane Solomon Rd./Williams Tractor) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6348 for approximately 1.36 acres located north of 2454 N. Deane Solomon Road from RMF-24, Residential Multi Family, 24 units per acre and C-2, thoroughfare commercial to C-2, Thoroughfare Commercial.
– Left on the second reading
Both city staff and the Planning Commission recommend approval.
Nov. 8 Discussion:
Council member Smith said he doesn’t have a problem with the rezoning request, but would prefer to wait until the drainage issues on this property are taken care of, which should be in the next two weeks.
Nov. 20 Discussion: City Engineer Chris Brown said the drainage work hasn’t yet occurred, but said once some paperwork is completed, he expects the drainage work to take about two weeks. Permits have been applied for and a contractor is in place, Brown said.
The council agreed to leave the item on the second reading.
Public Hearing
1. Halsell Holdings, LLC (Details):
A resolution to authorize the city attorney to seek condemnation and possession of certain lands owned by Halsell Holdings, LLC needed for the extension of a 12-inch waterline from Hotz Drive to Maple Street.
– Pass 8-0
Discussion:
City Attorney Kit Williams said the property owners’ attorney called him this afternoon and said they’d like to continue negotiations. He said he told them he’d be happy to continue negotiations, even if the council tonight agrees to move forward with taking possession of the easement.
Decision:
The council unanimously approved the resolution.
New Business
1. Bid #18-51 Electrical Resources, Inc. (Details):
A resolution to award Bid #18-51 and authorize a contract with Electrical Resources, Inc. in the amount of $478,256.07 for the installation of lighting along the Cato Springs Trail, to approve a project contingency in the amount of $15,000.00, and to approve a budget adjustment.
– Pass 8-0
Discussion:
There was no public comment on this issue.
Decision:
The council unanimously approved the resolution.
2. RZN 18-6386 (west of 203 W. Miller St./Hardin) (Details):
An ordinance to rezone that property described in rezoning petition RZN 18-6386 for approximately 0.26 acres located west of 203 W. Miller St. from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single Family, 18 units per acre.
– Pass 8-0
The subject property is located between Gregg Avenue and Woolsey Avenue on the south side of Miller Street. The applicant stated the rezoning will be a good transition between higher density along Gregg Avenue and lower densities to the east.
Discussion:
There was no public comment on this item.
Decision:
The council unanimously approved the request.
3. ADM 18-6382 (310 E. 7th St./Niederman) (Details):
A resolution to approve a lesser dedication of street right of way (reducing it by about 10 inches from the centerline) from what the Master Street Plan recommends along the applicant’s property at 310 E. 7th St.
– Pass 8-0
- Lesser dedication of right-of-way shall be limited to the minimum necessary to accommodate the existing deck and concrete slab, totaling approximately 17 square feet; and
- The encroachment into the Master Street Plan right-of-way shall be considered temporary. Should City improvements to 7th Street necessitate utilizing the encroachment area, the property owner shall be responsible for removing the deck blocking the right-of-way. However, the City may also remove the deck if necessary.
City staff are not in favor of the request. Should the council elect to approve the request, staff recommends the following condition:
- Full dedication of right-of-way shall occur with the associated lot split, as required by ordinance. The encroachment into the Master Street Plan right-of-way shall be considered temporary. Should City improvements to 7th Street necessitate utilizing the encroachment area, the property owner shall be responsible for removing the deck and any other illegally constructed structures in the right-of-way. However, the City may also remove the deck if necessary.
Discussion:
City Attorney Kit Williams said with such a small lot, the dedication requirement would be about one-sixth of the entire property and might be unconstitutional. He recommended accepting the Planning Commission’s recommendation, but without any conditions.
There was no public comment on this issue.
Decision:
The council unanimously approved the resolution.
4. Zeta Gamma House Corporation (Details):
An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Zeta Gamma House Corporation of Kappa Delta Sorority for street improvements along a portion of Maple Street and Vandeventer Avenue, with the amount to be paid by the City of Fayetteville not to exceed $28,470.00.
– Pass 8-0
Discussion:
There was no public comment on this issue.
Decision:
The council unanimously approved the ordinance.
5. Ozarks Electric Cooperative Corporation and Today’s Power, Inc. (Details):
An ordinance to waive competitive bidding and authorize Mayor Jordan to enter into agreements with Ozarks Electric Cooperative Corporation and Today’s Power, Inc. for the development, construction, and operation of solar power generation and storage equipment and facilities at Fayetteville’s Westside and Noland Wastewater Treatment Facilities, and to approve a budget adjustment to provide funding in the amount of $560,818.38 for site improvements necessary to connect to the solar arrays.
– Pass 8-0
Discussion:
One resident who spoke said he hopes the city won’t pave or place gravel under the solar panels, which he likened to trading one form of pollution for another. City staff said the plan is to use native plants, and not to use gravel or pavement.
Peter Nierengarten, the city’s director of sustainability, said in addition to the expected $6 million saved in energy costs over the project’s 20-year lifespan, the city anticipates a complete return on its investment in just over three years. He said the project will also raise clean energy consumption by city facilities from 16 percent to 72 percent, which is a major step toward Fayetteville’s goal of 100 percent clean energy by 2030.
Decision:
The council unanimously approved the ordinance.
6. Woolsey Conservation Area (Details):
A resolution to express the City Council’s intent to support the permanent preservation of approximately 44 acres of environmentally sensitive wet prairie and oak savanna habitat on city-owned property at the Westside Water Resource Recovery Facility.
– Pass 8-0
Discussion:
Jennifer Ogle, chair of the Fayetteville Natural Heritage Association, spoke in favor of the resolution. She said the oak savanna habitat was once a very common vegetation type, but has become highly endangered. She said preservation and restoration presents a unique opportunity for education and research.
Decision:
The council unanimously approved the resolution.
7. 2019 Annual Budget and Work Program (Details):
A resolution to adopt the 2019 Annual Budget and Work Program.
– Pass 8-0
In a memo to the council, Mayor Jordan said local economic conditions in Fayetteville have “again been very strong” during fiscal 2018. City sales taxes are up approximately 5 percent compared to 2017 actuals through August 2018. The city has also seen increased activity in building development in 2018. Unemployment is at 2.5 percent for September 2018, which Jordan said compares favorably to the rest of the state and nation. “Even though economic conditions continue to improve, this budget has been formulated on conservative revenue and expenditure estimates,” he said.
Discussion:
There was no public comment.
Decision:
The council unanimously approved the resolution.
8. Amend §166.04 (b) (3) (l) (v) Fee-in-lieu Allocation (Details):
An ordinance to amend §166.04 (b) (3) (l) (v) Fee-in-lieu Allocation of the Unified Development Code to increase the period of time from three years to five years for the city to expend parkland dedication fees.
– Pass 8-0
- To design, bid and build projects within three years is a very short time and staff has struggled to meet this timeline.
- There have been situations in certain park quadrants where there were not enough funds for a significant project which resulted in a phased or piecemeal project. Additional time to collect funds would have prevented this issue and made the project more efficient and beneficial to the public.
- The strict timeline has forced other approved projects to be delayed due to lack of personnel and inflexibility of the timeline. The extension to five years would allow staff to add these projects to the five-year plan and have appropriate time and better funding to plan, design, bid and construct these projects.
Discussion:
There was no public comment.
Decision:
The council unanimously approved the ordinance.
Announcements
- City offices will be closed Thursday and Friday this week for the Thanksgiving holiday.
- Residential trash collection will be delayed by one day this week (Thursday service moved to Friday, and Friday service moved to Saturday).
- The city’s Community Resources Division is currently seeking donations for the 2018 Senior Giving Tree event, an annual program that delivers items to area seniors during a particularly tough time of the year.
Adjourned
This meeting was adjourned at 8:44 p.m.