City Hall

LIVE UPDATES: City Council Recap: Feb. 16, 2016

By Todd Gill ·

Present tonight (from left): Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, John La Tour, and Alan Long.

Staff photo

On the agenda

  • Razing and removing dilapidated structures on Skelton Street and Huntsville Road.
  • A contract with the Watershed Conservation Resource Center for stream restoration.
  • Changes to the Master Street Plan.
  • Rezoning the old Razorback Golf Course.
  • Changes to the way some festivals are approved.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Feb. 16, 2016 inside room 219 of the City Administration Building, 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 February 2, 2016 City Council Meeting Minutes
– Pass 7-0

2. Mitchell, Williams, Selig, Gates & Woodyard, PLLC Amendment No. 3 (Details): A resolution to approve amendment no. 3 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $25,000.00 for additional legal services related to the White River Water Quality standards petition to the Arkansas Pollution Control and Ecology Commission, and to approve a budget adjustment.
– Pass 7-0

Notes: Alderman Petty was absent during the Consent agenda vote.

Unfinished Business

None

Public Hearing

1. Raze and Removal and Clean-up at 550 W. Skelton Street (Details): A resolution to order the razing and removal of a dilapidated and unsafe structure and clean-up of unsanitary and unsightly conditions on property owned by U.S. Bank National Association located at 550 W. Skelton Street in the City of Fayetteville, Arkansas, and to approve a budget adjustment.
– Pass 8-0

2. Raze and Removal 1180 E. Huntsville Road (Details): A resolution to order the razing and removal of a dilapidated and unsafe structure owned by Aaron Kendall Kirk and John Paul Keary located at 1180 E. Huntsville Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment.
– Tabled 8-0 (indefinitely)

Notes: Beverly Kirk spoke during the public hearing. She said she became the new owner of the property yesterday after the recent death of her son, who co-owned the property. She said she was unaware of the Raze and Removal notice until yesterday when she became the official owner. She said she plans to take care of the property in a timely manner. City staff said they would work with Kirk to begin the process again.

New Business

1. Watershed Conservation Resource Center Task Order No. 4 (Details): A resolution to approve Task Order No. 4 with the Watershed Conservation Resource Center in the amount of $79,500.00 for continued native vegetation establishment efforts and minor adjustments to existing restoration areas to enhance stream channel stability.
– Pass 7-1

Notes: La Tour voted against. He said he doesn’t believe stream restoration and damage repair is important enough to spend $79,500 on this project. “The stream will be fine with or without our help,” said La Tour.

Mayor Jordan disagreed. He said damage to streams can grow to become a major problem in some areas, potentially undermining surrounding properties, such as homes and public parks.

2. Northwest Arkansas Regional Planning Commission One-year Contract (Details): An ordinance to waive the requirements of formal competitive bidding and approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $40,488.80 for a stormwater education program for 2016.
– Pass 8-0

3. Amend the Master Street Plan (Details): A resolution to amend the Master Street Plan by reclassifying North College Avenue between Maple Street and North Street from Five-lane Principal Arterial with an 87-foot right of way to a Four-lane Thoroughfare with a 63-foot right of way.
– Pass 7-1

Notes: The Master Street Plan must be amended before the city can move forward with the College Avenue Improvement Project, which will add new sidewalks, street trees, and street lamps to both sides of College Avenue between Maple and North streets. The project will also include burying power lines. Alderman La Tour asked how much the project will cost. City staff said the work is expected to cost about $2 million. La Tour then voted against the resolution, but he did not give a specific reason.

4. VAC 15-5280 (5 W. Appleby Rd./WRMC offices) (Details): An ordinance to approve VAC 15-5280 submitted by USI Consulting Engineers, Inc. for property located at 5 W. Appleby Road to vacate portions of sewer and drainage easements.
– Pass 8-0

5. VAC 15-5287 (SW Corner of Persimmon and Mountain Ranch Boulevard) (Details): An ordinance to approve VAC 15-5287 submitted by Jorgensen and Associates, Inc. for property located at the southwest corner of Persimmon and Mountain Ranch Boulevard to vacate portions of utility easements.
– Pass 8-0

6. VAC 16-5303 (4200 W. Mahogany Dr./Bradford) (Details): An ordinance to approve VAC 16-5303 submitted by Reid and Associates, Inc. for property located at 4200 W. Mahogany Dr. to vacate a portion of utility easement.
– Pass 8-0

7. RZN 15-5240 (Razorback Golf Course) (Details): An ordinance to rezone that property described in rezoning petition RZN 15-5240 for approximately 128 acres located at 2514 W. Lori Road from R-A, Residential-Agricultural; RSF-1, Residential Single Family one unit per acre; and RSF-4, Residential Single Family, 4 units per acre to R-A, Residential-Agricultural; RMF-24, Residential Multi-Family, 24 units per acre; NC, Neighborhood Conservation; and NS, Neighborhood Services, subject to a Bill of Assurance.
– Left on the first reading

Notes: Hugh Jarrett, a representative for the applicant, spoke first and gave a presentation to counter the expected concerns of the neighbors.

John Bull, a representative speaking on behalf of many of the neighbors, said his constituents don’t have a problem with Lindsey Management, but they do have several concerns with the proposed development, and its potential impact on infrastructure, flooding, and crime in the area.

Alderman Kinion said while he appreciates the neighbors’ presentation, the City Council should not discuss specific developers when considering rezoning applications, but rather the compatibility of the proposed zoning in relation to the surrounding area.

Robert Rhoads, an attorney representing several neighborhood associations, read a letter from Terri Lane, executive director of the Northwest Arkansas Land Trust. Lane’s letter asked the City Council to consider the environmental impact a development on the property could have on the adjacent 121-acre Wilson Springs Preserve wetland. Lane said whatever development occurs on the site must go above and beyond in considering a low density, low-impact design, and the preservation of habitat.

A real estate agent who represents the landowner spoke in favor of the rezoning, while three other residents spoke against it.

Alderwoman Marsh said while drainage is a big issue in the neighborhood, that is something which should be addressed at the development level, not the rezoning process.

The council agreed to leave the proposal on the first reading. The discussion will continue on March 1.

8. Amend § 72.58 Off-Street Parking Facilities; Rules and Rates (Details): An ordinance to amend § 72.58 Off-Street Parking Facilities; Rules and Rates (m) to limit the Mayor’s authority to assign any city-owned paid parking lots or on-street paid parking spaces within the Entertainment District or the closure of city streets for the use of a permitted special event to not more than two (2) days per year without express approval of the City Council.
– Left on the first reading

Notes: This resolution would change the process for how large events and festivals are approved if the event requires closure of city streets or parking lots in the Entertainment District for more than two days. Currently, the mayor approves those festival applications after city staff have weighed in each year. If passed, the ordinance would instead require approval from the full City Council for those types of events.

Cary Arsaga, who owns several Arsaga’s restaurants, initiated the proposal by gathering signatures on a petition. Arsaga said some local businesses are negatively impacted by multi-day festivals that close public property for multiple days. He said there should be a public forum, such as a City Council meeting, when considering those types of events so that small business owners could voice their concerns.

Aldewoman Marsh, who sponsored the resolution, said she agrees with Arsaga. She said residents should have an opportunity to weigh in on the process since multi-day have a large impact on the city.

Peter Nierengarten, the city’s director of sustainability and resilience, said there were two events last year that would’ve been affected by this resolution – Bikes, Blues BBQ and the LPGA concert.

Alderman Tennant said the current process takes input from multiple city departments and staff members before the mayor signs off on an event. He said it should be noted that festival applications are “fully vetted” before approval is made.

Rene Hunt, who owns French Metro Antiques on Dickson Street, said as a business owner that doesn’t own a bar or restaurant, she is in the minority and hasn’t always felt comfortable expressing her opinion about large festivals amongst her neighbors. A public forum, she said, would allow all business owners a chance to speak on the record in a comfortable environment.

Joe Fennel, who owns Bordinos restaurant, said his business does not make much money during large events like Bikes, Blues & BBQ, but he is opposed to any change in the process that might make it more difficult for the event to be approved.

“I’m not worried about my cash register, I am worried about what is good for Dickson Street as a whole,” said Fennel. “If you’re on Dickson Street, you need to be thinking about everybody. If you’re thinking about yourself, you probably need to be somewhere else.”

The council agreed to leave the proposal on the first reading. The discussion will continue on March 1.

Announcements

– As of today, Washington County is under a burn ban.

– The next two City Council meetings (March 1 and March 15) will take place at alternate locations due to planned construction in the City Council chambers. The March 1 meeting will take place at the Adams Leadership Center at 1000 W. Bulldog Ave. The March 15 meeting will take place inside the Washington County Courthouse Quorum Courtroom at 280 N. College Ave.

Adjourned

This meeting was adjourned at 9:07 p.m.