LIVE UPDATES: City Council Meeting Recap: June 6, 2017

File photo

On the agenda

  • A contract for a Trail of Tears mural on Tsa La Gi Trail.
  • A tree preservation variance for a Panera Bread on MLK Jr. Blvd.
  • Selling 3 acres of public land to NWA Capital Investments, LLC.
  • Rezoning 0.53 acres on South Cherry Lane.
  • Rezoning 0.31 acres on South College Avenue.
  • Rezoning 0.45 acres on South Washington Avenue.
  • Rezoning lots on College Avenue from North Street to Maple Street.
  • Enacting a 5-minute time limit for public comment at City Council meetings.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, June 6, 2017 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, Sarah Bunch, John La Tour, Alan Long
Absent: Justin Tennant

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report (Details): From Alderman Mark Kinion
Pass 5-2

Appointments:
ANIMAL SERVICES ADVISORY BOARD
Lea Criss – One citizen at large term ending 06/30/20
Jill Shade – One citizen at large term ending 06/30/20

ENVIRONMENTAL ACTION COMMITTEE
Ryan Mills – One citizen at large term ending 06/30/20
Erin E. Scott – One Science Discipline term ending 06/30/20

FAYETTEVILLE ARTS COUNCIL
Ashley L. Byers – One working artist term ending 06/30/20
Justin R. Hunter – One arts and cultural/citizen at large term ending 06/30/20

TELECOMMUNICATIONS BOARD
Justin Van Hoose – One citizen at large term ending 06/30/21
Zakaria Tamijani – One citizen at large term ending 06/30/21

WALTON ARTS CENTER COUNCIL
Sarah E. Lewis – One citizen at large term ending 06/30/20
Casey Hamaker – One citizen at large term ending 06/30/20

ADVERTISING AND PROMOTION COMMISSION
Todd Martin – One owner or manager of a business in the tourism industry partial term ending 03/31/21

HISTORIC DISTRICT COMMISSION
Angela Albright – One citizen at large term ending 06/30/20
Rhianon DeLeeuw – One citizen at large term ending 06/30/20


Council members Sarah Marsh and John La Tour voted against. They did not say why during the meeting, but Marsh later left the following comment on the Flyer:

“I didn’t have the opportunity to say at the meeting why I voted against the Nominating Committee slate. I was in support of all of the appointments with the exception of the nominee to the A&P Commission.

The applicant had only recently moved to Fayetteville from out of state. He was appointed to represent the restaurant community but his restaurant was not yet open and he had no history of restaurant ownership/management. Overall I wasn’t satisfied with his grasp of the unique opportunities and challenges of our community. Let’s hope he proves me wrong and turns out to be a great commissioner.”

2. Report on Library Bond Issue: From Paul Becker


Consent

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

1. Approval of the May 16, 2017 City Council Meeting Minutes
Pass 7-0

2. Steve Landers Toyota of NWA (Details): A resolution to authorize the purchase of a Toyota Camry Hybrid from Steve Landers Toyota of NWA in the amount of $25,517.00 pursuant to a state procurement contract for use by the Police Department.
Pass 7-0

3. McClelland Consulting Engineers, Inc. (Details): A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the amount of $250,793.00 for engineering services associated with the Kitty Creek Sewer Line Improvement Project, and to approve a project contingency in the amount of $25,079.30.
Pass 7-0

4. University of Arkansas Board of Trustees Lease Agreement (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 2017 semester in the amount of $25.00 for each day the space is used.
Pass 7-0

5. Benchmark Construction of NWA, Inc. Change Order No. 3 (Details): A resolution to approve Change Order No. 3 to the contract with Benchmark Construction of NWA, Inc. in the amount of $42,021.00 for the construction of a gravel access drive, concrete pier pads and irrigation system at the Fire Department Training Facility, and to approve a project contingency in the amount of $4,202.10.
Pass 7-0

6. Arkansas State Police Matching Grant (Details): A resolution to authorize acceptance of an 80/20 matching grant from the Arkansas State Police in the amount of $24,160.00 for the development of an accident reporting interface between the City of Fayetteville and Arkansas State Police public safety software systems, and to approve a budget adjustment.
Pass 7-0

7. Tyler Technologies, Inc. Amendment (Details): A resolution to approve an amendment to the contract with Tyler Technologies, Inc. in the amount of $27,329.00 for the development of an accident reporting interface between the City of Fayetteville and Arkansas State Police public safety software systems.
Pass 7-0

8. Bid #17-38 Shor-Line (Details): A resolution to award Bid #17-38 and authorize the purchase of cat adoption cages and vet clinic recovery cages from Schroer Manufacturing Co. d/b/a Shor-Line in the amount of $30,382.52 plus applicable taxes for the Lib Horn Animal Shelter of Fayetteville.
Pass 7-0

9. Tsa La Gi Trail of Tears Mural (Details): A resolution to approve a contract for the commission of public art with Stacy Bates in the amount of $5,000.00 for a Trail of Tears mural on the Tsa La Gi Trail, and to approve a budget adjustment.
Pass 7-0

10. VAR 17-5800 – 1541 W. MLK Jr. Blvd. (Panera Bread) (Details): A resolution to affirm the Planning Commission’s approval of a variance of the penalty provision of the Tree Preservation and Protection chapter of the Unified Development Code for property located at 1541 W. Martin Luther King, Jr. Boulevard.
Pass 7-0


Public Hearing

1. Raze and Removal 265 W. Nonnamaker Drive (Details): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Harold and Rosetta Harmon located at 265 W. Nonnamaker Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment.
Tabled 5-3 until June 20.

Notes: The applicant on May 16 requested the item be tabled to allow him time to take care of the issue. City staff said a recent visit to the home showed that paint had been added to the exterior in some places, some window panes had been replaced, and a new roof has been incorrectly installed on the garage. Staff said the home, however, still does not meet the minimum standards of inhabitability as dictated by city code.

Alderman Petty suggested tabling the item for another two weeks to allow more time to communicate to the owner that the council is serious about making sure the home meets at least the minimum standards for safe inhabitability.

Alderwoman Bunch agreed, adding that the owner is clearly not keeping the home in livable condition for his tenants. She said the owner should not be allowed to continue to take advantage of tenants who cannot afford to live elsewhere, but said it would be a final generous gesture to allow a little more time considering there is not a tenant currently in the home.

Alderwoman Marsh said it would be sad to lose the home, which is one of several in the area that provide affordable housing. However, she said the costs of upkeep – including loss of energy efficiency because of cracks in the floor, walls and ceiling – would offset the cost savings of living in the home. Marsh said safety is the most important concern the council should consider, and said she’d be in favor of voting to raze and remove the home tonight. She said it would send a clear message to the owner, who also owns the other homes on the street, some of which may also be in similar condition.

Petty said since the owner did not show up for the meeting tonight, he would also like to go ahead and vote to raze and remove the home.

Alderman John La Tour said if nobody is living in the home, what could it hurt to allow another two weeks?

Petty agreed and moved to table the item for two more weeks.

The vote to table passed 5-3, with Long, La Tour, Bunch, Petty and Jordan voting in favor.


Unfinished Business

None


New Business

1. North Starr Drive Sewerage System Extension (Details): A resolution to approve an extension of the city’s sewerage system beyond the city limits to property located on North Starr Drive.
Pass 7-0


2. NWA Capital Investments, LLC (Details): A resolution to sell about 3 acres of land in the commerce district to NWA Capital Investments, LLC for $45,000.00.
Tabled 6-0 indefinitely

Notes: City staff said the buyer is no longer interested, and has found another property in which to locate. Petty was absent during the vote to table.

3. Appeal VAR 17-5782 (1541 W. MLK Jr. Blvd./Panera Bread) (Details): A resolution to partially grant the variance request submitted by Bates & Associates, Inc. to allow a more complete curb cut access for 1541 W. Martin Luther King, Jr. Boulevard.
Pass 7-0


4. LSD 17-5771 (Master Street Plan Amendment Between Crossover Road and Bridgewater Lane/Springhouse Village) (Details): A resolution to amend the Master Street Plan by changing the alignment of an unnamed street between Crossover Road and Bridgewater Lane and by reclassifying it from a Collector Street to a Local Street.
Pass 7-0


5. RZN 17-5772 (810 S. Cherry Ln./ Sweetser Properties) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5772 for approximately 0.53 acres located at 810 S. Cherry Lane from RSF-4, Residential Single Family, 4 units per acre to RMF-24, Residential Multi-family, 24 units per acre.
Left on the second reading

Notes: Alderwoman Marsh said she’s disappointed the applicant isn’t proposing more density – possibly with some commercial activity – and suggested leaving the item on the second reading to allow the applicant some time to consider a zoning with more density. Alderwoman Gray agreed, but La Tour did not and said the owner has already petitioned for their desired zoning. The council will resume discussion on June 20.

6. RZN 17-5776: (1320 S. College Ave./Sugarland Properties) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5776 for approximately 0.31 acres located at 1320 S. College Ave. from NC, Neighborhood Conservation to RI-U, Residential Intermediate, Urban.
Left on the first reading

Notes: The applicant requested the item be left on the first reading. The council will resume discussion on June 20.

7. RZN 17-5770 (769 & 785 S. Washington Ave./Warford Properties) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5770 for approximately 0.45 acres located at 769 and 785 S. Washington Ave. from NC, Neighborhood Conservation to RI-U, Residential Intermediate, Urban.
Pass 6-1

Notes: According to a staff memo, there has been considerable public comment from residents who are opposed to the rezoning request. The memo states that concerns are largely centered around a perceived disregard for Walker Park and a fear that the neighborhood’s character is ‘under attack,’ with current residents being under pressure to sell their properties against the best interest of the larger neighborhood. Neighbors, staff said, have expressed opposition to uses stating compatibility issues for development other than single-family homes, increases in density, the lack of a density cap in RI-U, and traffic associated with developing these lots with anything above single-family. Staff said there is some enthusiasm for development and redevelopment that is occurring in Walker Park, as long as it is single-family in character and use.

The property is currently under contract for purchase. The buyer said tonight the rezoning will have no effect on the sale, but added that the rezoning will allow for a more “creative” development design.

Four residents who spoke tonight were against the rezoning, citing the concerns mentioned by city staff.

Alderman Petty said if the request is denied, the owner will likely build a couple of larger, more expensive homes. An approval, he said, would likely result in additional smaller, more affordable homes. He said the Walker Park Master Plan includes a survey of residents who said two of their top priorities were to encourage greater density and a more diverse range of home affordability. He said while other parts of the plan might present arguments that could be used to justify denial of the rezoning, he said the city’s zoning codes – and some of the pressures the city faces to create housing – have come a long way since the plan was drafted.

Alderwoman Marsh agreed and said the newer RI-U zone offers opportunities to fill the “missing middle” needed to responsibly increase density in the area.

Alderman Kinion said Petty and Marsh’s remarks could be seen as “a false dilemma,” stating that a conditional use permit could be requested by developers who want to get creative and build outside the current zoning limits. He said it was a tough decision for him, but he would be voting against the request. Mayor Jordan, who did not need to vote tonight, agreed and said he sides with the neighbors who’ve spoken against the rezoning.

Kinion cast the only vote against the request.


8. Amend UDC and Rezone – RZN 17-5713 (College Ave. from North St. to Maple St.) (Details): An ordinance to amend the Unified Development Code to create a new zoning district, Urban Thoroughfare Light; UT-L, to change or amend definitions of “Building Height” and “Stories” and to rezone lots along and on both sides of College Avenue running from North Street to Maple Street containing about 24.62 acres as shown on Exhibit A of the Planning Department’s memo.
Left on the first reading

Notes: Amended 6-1 (Petty voted against) to reduce tonight’s action to only include the creation of the new zoning district without actually rezoning the lots along College Avenue.

Petty said he’d like to table the item with a recommendation that the Ordinance Review Committee discuss the issue. Don Marr, the mayor’s chief of staff, said city staff would also like the committee to discuss the issue.

City Attorney Kit Williams suggested leaving the item on the first reading to allow the committee’s chair, Justin Tennant, who is absent tonight, time to consider accepting the item for review.


9. Amend the Rules of Order and Procedure (Details): A resolution to amend the Rules of Order and Procedure of the Fayetteville city Council A. City Council Meetings 7. Presentation of Agenda Items by amending subsection D.(2) Public Comments.
Pass 7-0

Notes: This item was brought forth by Alderwoman Adella Gray. The request is to enact a 5-minute time limit for public comment at City Council meetings. The proposed change states “Speakers shall be limited to a maximum of (5) five minutes so that all other citizens desiring to speak on that agenda item or a later item will not be unnecessarily inconvenienced. By a majority vote of the City Council Members present and voting, this time limitation may be altered for a specific agenda item.”

Gray said the proposal has been discussed for several years, and that the time has come to make a change.

Gray said residents have said that long presentations by other speakers have caused them to leave the meeting before they had a chance to voice their opinion. She said she believes the change would lead to more overall public comment.

Petty, Marsh and Kinion agreed and said they hope the public understands that the intent is not to limit discussion, but rather to allow time for more people to speak.

“We’re only asking that citizen input be better organized and more brief,” said Gray, adding that she hopes neighbors will come together and appoint representatives to speak on their behalf so that people don’t make the same points over and over again.

Alderman La Tour said that most people should be able to deliver their opinions in five minutes.

Chief of Staff Don Marr said there is a timer built into the current City Council chamber technology system that could be used to communicate remaining time to the speakers through all of the video monitors in the room.

City Attorney Kit Williams said the new rules allow the council to extend a speaker’s time by majority vote, and reminded the council that residents could be called back to the podium by any of the aldermen.


Announcements

  • The public is invited to a ribbon-cutting ceremony for the complete installation of the BlueInGreen HyDOZ Disinfection System at the Paul R. Noland Wastewater Treatment Facility (1400 N. Foxhunter Road) on Thursday, June 8 at 9:30 a.m. Refreshments and tours of the facility will be offered.
  • The Fayetteville Fire Department invites the public to a ribbon-cutting ceremony for their new training facility, located at 2505 E. Borick Drive, on Thursday, June 8 at 2 p.m.
  • There is a Gulley Park concert Thursday night at 7 p.m.
  • Residents planning to pay their water bills on Thursday or Friday this week at City Hall should make alternate plans or pay online. See details here.

Adjourned

This meeting was adjourned at 8:00 p.m.

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