Fayetteville City Council recap: Dec. 5, 2023

(File photo)

Approved:

  • Accepting a grant for the Drake Street Trail Connection
  • Applying for a grant to fund an MPDF for the University Heights/Haskell Heights neighborhood, and a historic context statement for the Spout Spring neighborhood
  • Accepting a grant to hire social workers for the Police Department
  • Committing funding for the Futrall Drive railroad crossing project
  • Adopting the latest flood insurance rate maps
  • Reaffirming support for the 71B Corridor Plan
  • Vacating property on West Mica Street
  • Rezoning 0.09 acres on Center Street

Meeting duration

This meeting lasted 1 hour and 34 minutes, and was adjourned at 7:04 p.m.


» Download the agenda (PDF)

Meeting info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 5, 2023 inside City Hall in Room 219. The meeting is also available on Zoom and will be broadcast live on the city’s YouTube channel.

Listed below are all the items up for approval and links to PDF documents with detailed information on each item of business.


Roll call

Present: Bob Stafford, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – Chief Financial Officer


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. 21, 2023 City Council meeting minutes.
Pass 8-0

2. Rotochopper Inc. – Purchase agreement (Details): A resolution to approve the purchase of a grinder from Rotochopper Inc. in the amount of $634,952.00, plus any applicable surcharges, freight charges, and delivery fees pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
Pass 8-0

3. Tennant Company – Purchase agreement (Details): A resolution to approve the purchase of a 2023 Tennant sweeper from Staples in the amount of $78,004.37, plus any applicable surcharges, freight charges, and delivery fees pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
Pass 8-0

4. Straight’s Lawn and Garden Inc. – Purchase agreement (Details): A resolution to approve the purchase of three Grasshopper mowers from Straight’s Lawn and Garden, Inc. in the total amount of $49,653.00, plus any applicable surcharges, freight charges, and delivery fees pursuant to an Omnia cooperative purchasing contract.
Pass 8-0

5. Terra Firma Restorations, LLC – Bid 23-35 service agreement (Details): A resolution to award Bid #23-35 and authorize a contract with Terra Firma Restorations, LLC in the amount of $275,900.00 for the Town Center Roof Restoration, to approve a project contingency in the amount of $27,590.00, and to approve a budget adjustment.
Pass 8-0

6. Trumble Construction, Inc. – Bid 23-41 service agreement (Details):
A resolution to award Bid #23-41 and authorize a contract with Trumble Construction, Inc. in the amount of $81,172.00 for the Recycling & Trash Collection Transfer Station and Water/Sewer Roof Rehabilitation Project, and to approve a project contingency in the amount of $8,117.20.
Pass 8-0

7. Milestone Construction Company, LLC – Bid 23-42 service agreement (Details): A resolution to award Bid #23-42 and authorize a contract with Milestone Construction Company, LLC in the amount of $344,115.00 for the replacement of the City Hall Roof and Skylight, to approve a project contingency in the amount of $34,411.50, and to approve a budget adjustment – City Facility Improvements Bond Project.
Pass 8-0

8. MVP Sports Photography – Service agreement (Details): A resolution to award RFP 23-11 and approve a one-year contract with MVP Sports Photography for photography services for youth soccer and softball programs with automated renewals for up to four additional years.
Pass 8-0

9. Something Different, LLC – Service agreement (Details): A resolution to award RFP 23-18 and approve a ten-month contract with Something Different, LLC for the operation of concessions located at Kessler Mountain Regional Park Soccer and Baseball Complex, Gary Hampton Softball Complex, Lake Fayetteville Softball Complex, and the Wilson Park Pool with automated renewals for up to four additional years.
Pass 8-0

10. Carbon Reduction Program – Grant acceptance (Details): A resolution to approve an Agreement of Understanding with the Arkansas Department of Transportation for a Safe Routes to School plan for Fayetteville Public Schools, and to approve a budget adjustment.
Pass 8-0

11. ARDOT Drake Street Trail – Agreement of understanding (Details): A resolution to approve an Agreement of Understanding with the Arkansas Department of Transportation for construction of the Drake Street Trail, and to approve a budget adjustment.
Pass 8-0

12. Environmental Consulting Operations, Inc. – Service contract (Details): A resolution to approve Amendment No. 10 to the contract with Environmental Consulting Operations, Inc. in the amount of $65,500.00 for wetlands mitigation site monitoring and management in 2024.
Pass 8-0

13. CH2M HILL Engineers, Inc. Amendment No. 15 – Service agreement (Details): A resolution to approve Amendment No. 15 to the agreement for operations, maintenance, and management services with CH2M HILL Engineers, Inc. in the amount of $8,476,468.00 for services in 2024, and to approve a project contingency in the amount of $423,823.40.
Pass 8-0

14. Certified Local Government Grant – Grant application (Details): A resolution to authorize applications for two Certified Local Government Grants in the total amount of $40,000.00 through the Arkansas Historic Preservation Program for the preparation of a multiple property documentation form for the University Heights and Haskell Heights neighborhoods and a historic context statement for the Spout Spring neighborhood, and to approve a budget adjustment for the city’s grant match in the amount of $15,000.00.
Pass 8-0

15. North Central Texas Council of Governments – Purchase agreement (Details): A resolution to approve an interlocal purchasing agreement with the North Central Texas Council of Governments; to authorize a contract with IMS Infrastructure Management Services, L.P. for pavement analysis and related services pursuant to that interlocal agreement through the term of the contract and any renewal periods, and to approve a budget adjustment.
Pass 8-0

16. 2023 COPS Crisis Intervention Team – Grant award (Details): A resolution to authorize the acceptance of a 2023 Community Policing Development Crisis Intervention Team grant from the U.S. Department of Justice in the amount of $400,000.00, to approve the addition of 2.0 full-time equivalent non-uniformed positions to the Police Department to hire additional social workers for the Crisis Intervention Team, and to approve a budget adjustment.
Pass 8-0


Unfinished Business

There is no unfinished business.


New Business

1. Futrall Drive Railroad Crossing – 2019 Transportation Bond Project (Details)

A resolution expressing the intent of the City Council to commit $730,000.00 to complete the signalization and road work for the Futrall Drive Railroad Crossing.
Pass 8-0

Background:
The council in December 2020 approved a plan to build a new railroad crossing at Futrall Drive and Gregg Avenue as part of a plan to provide access to 130 acres of undeveloped land west of Gregg and south of Van Asche Drive. At the time, the developer of the property had shared conceptual plans for some of the land that includes a mixture of residential properties, restaurant and retail space, and an expansion of Washington Regional Medical Center. City staff said if those plans are developed to completion as proposed, the cost of the railroad crossing would be recovered by tax receipts from the construction alone, resulting in a net profit to the city’s tax base beginning in the first year after construction.

At the time, the council committed to paying $550,000 for the work, but this resolution would express the intent of the council to commit $730,000 to complete the signalization and road work needed for the project. That number would include $118,000 for road work to connect the crossing to Gregg Avenue with safety guards, and $609,000 to reconfigure the signal at Futrall and Gregg, which staff said could possibly be less expensive if city crews are used for the work. Any costs over $730,000 would be at the expense of Washington Regional, staff said.

Location:

Discussion:
There was no public comment.

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


2. National Flood Insurance Program Documents – Adoption Jan. 25, 2024 (Details)

An ordinance to adopt the latest FEMA Flood Insurance Rate Maps, Washington County Flood Insurance Study, and any FEMA certified Letters of Map Change as regulatory for the City of Fayetteville.
Pass 8-0

Background:
The city this year received a letter of final determination from FEMA indicating that the latest updated flood rate mapping was complete and the new documents would become regulatory on Jan. 25, 2024. While city code includes provisions to recognize the latest regulatory maps issued by FEMA, the state of Arkansas is not currently federally approved for automatic adoption of the documents, so staff is requesting approval of an ordinance recognizing the documents as regulatory within the city with an effective date of Jan. 25, 2024. This would include the revised City of Fayetteville FIRMs, Washington County FIS and any additional Letters of Map Change (LOMCs) that FEMA certified with the update.

Discussion:
There was no public comment.

Moore said she wants city staff to consider sending postcards to property owners whose flood maps have changed.

Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.


3. 71B Corridor Regulating Plan – Support affirmation (Details)

A resolution to express the City Council’s support for the 71B Corridor Regulating Plan and Work Program.
Pass 8-0

Background:
City staff are asking the council to reaffirm their support for the 71B Corridor Plan. The plan was adopted in 2019, but the council has since seen a three-quarters turnover in its members, so staff would like to make sure the current council is in support before beginning work on the next phases of the plan, which includes several infrastructure improvements and some land rezoning.

Some work has already been completed, including a series of improvements along the Nelson Hackett Boulevard corridor.

Upcoming projects include an extension of Rolling Hills Drive into Fiesta Square shopping center (story here), realigning the intersection of College Avenue and Millsap Street (story here), improvements to College Avenue between North Street and Sycamore Street, and intersection upgrades at North Street.

Rezoning won’t happen without a series of public meetings sometime next year, followed by council approval.

Discussion:
Several council members said they’re in support of the project, but want to make sure the city keeps the public informed throughout the process of developing proposals for individual projects.

Wiederkehr said he’s excited about the fact that the project will enable housing to be built along the corridor, which is not possible under the current zoning districts that line North College Avenue.

“It enables us to add density if we want it,” said Wiederkehr.

Bunch said North College Avenue is in serious need of a makeover and the plan provides an important road map for improving the corridor.

“Right now 71B looks like a nasty scar through the middle of our city,” Bunch said. “This plan will allow us to basically do cosmetic surgery on that stretch.”

Two people spoke in favor of the resolution during public comment.

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


4. Vacation-2023-0013 – 3034 W. Mica St./Blagg and Briggs, 401 (Details)

An ordinance to approve VAC 23-13 for property located at 3034 West Mica Street in Ward 4 to vacate a 153-square foot portion of utility easement.
Pass 7-0

Background:
This property is located in west Fayetteville abouty 1/3-mile northwest of the intersection of Wedington Drive and I-49. City staff said the property owner needs the vacation in order to build a patio a deck.

Staff recommend approval of the request.

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-0 to approve it. Jones was absent for this vote.


5. Rezoning-2023-0029 – 533 W. Center St./Briceno, 523 (Details)

An ordinance to rezone the property described in Rezoning Petition RZN 2023-0029 for approximately 0.09 acres located at 533 West Center Street in Ward 2 from NC, Neighborhood Conservation to MSC, Main Street Center.
Pass 8-0

Background:
The property is a tandem lot with no street frontage. A steep trail crossing is located directly south of the parcel to the trail system. It is developed with a single-family home and an accessory dwelling unit, both of which are currently active short-term rentals.

Staff recommend in favor of the request, considering the property is already surrounded on three sides by MSC zoning, which is what the owner is requesting. The Planning Commission voted 9-0 in favor of recommendation.

Location:

Discussion:
Stafford said he’s in support of the request, but it’s worth nothing that property owners in MSC zoning districts don’t need a conditional use permit to operate a short-term rental business. Staff said while that’s true, those properties are still subject to the city-wide cap on how many short-term rentals are allowed in Fayetteville.

Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.


Meeting duration

This meeting lasted 1 hour and 34 minutes, and was adjourned at 7:04 p.m.