LIVE UPDATES: Fayetteville City Council recap: May 5, 2020

Notes: Becker gave a financial report for the month of March 2020, for collections made during the month of February. Becker cautioned that these figures are for the period before the pandemic hit.

Sales tax through February was up 8% compared to last year, 5% over budget.

In all, the city was about 5% over budget through February.

Background:
This item was tabled at the April 21 meeting.

According to city documents, right of way and easement acquisition began for this project in September 2015. All but one of the 18 properties needed have been acquired. Staff said the owner of the final property has “expressed concerns” and has refused to sign right-of-way and easement documents based on those concerns. Staff said they will continue to negotiate with the property owner to avoid condemnation if possible, but this resolution would clear the way for acquisition so as not to delay the construction of the project if negotiations are unsuccessful.

Location:

April 21 Discussion:
Staff said they believe they are close to reaching an agreement with the property owner, so condemnation might not be needed. However, if that doesn’t happen this item is still needed to authorize the condemnation process so a court can decide the value of the property.

The property owner said this project would remove too many trees from her yard.

Scroggin asked if staff would have a problem holding this item for two weeks. They said that would be fine. The council agreed to table the item until May 5.

May 5 Discussion:
The matter was resolved with the property owner, and condemnation is not needed. The resolution was tabled indefinitely.

Background:
This item was left on the first reading at the April 21 meeting.

This property is a residential lot between Addington Avenue and Stephens Avenue north of Mount Comfort Road in the Hendrix Subdivision. It includes a single-family home built in the 1950s. The applicant intends to split the property and develop both street frontages.

The Planning Commission has recommended approval, but city staff recommend denial of the request. Staff. however, would support rezoning the property to RSF-8.

Location:

April 21 Discussion:
Turk asked if the applicant is wanting RI-U because it allows four unrelated people to live in the homes, whereas the city’s recommendation would only allow three. Blake Jorgensen, who represents the applicant, said the goal is to build a four-bedroom home regardless of how many unrelated people eventually live in it.

Kinion said people sometimes request RI-U specifically so they can build homes that cater to college students. He said he can’t support RI-U in this neighborhood.

Smith said he likes RI-U and if the applicant were planning to build several smaller homes, he might be in favor of the request. But for a large, 4-bedroom house at a high price point, he won’t support RI-U in this neighborhood.

After some debate between council members and the applicant’s representative, Mayor Jordan said this item should probably be held on the first reading to allow more time for consideration.

The council agreed. The discussion will continue on May 5.

May 5 Discussion:
City Development Services Director Garner Stoll introduced a new tool established to help evaluate infill projects in Fayetteville along with the item, and there was some discussion about that.

The tool scores property on a variety of issues, including access to services, employment opportunities, infrastructure and amenities.

One resident spoke against the rezoning, saying it is incompatible with the surrounding neighborhood.

City Council Members Mark Kinion, Teresa Turk, Sarah Bunch, and Sonia Gutierrez all said they wanted to hold the item to allow for more public comment. Some expressed concerns that the public may be intimidated by the Zoom meetings, and wanted to err on the side of allowing additional time for comments.

Council member Matthew Petty said the city is not keeping up with the demand for affordable housing in Fayetteville, and he feels that staff’s recommendation of denial of the request did not properly consider the city’s adopted long-term planning documents.

Ultimately, the council decided to hold the request on the second reading.

Background:
This item was left on the second reading at the April 21 meeting.

The city’s current vehicle noise ordinance laws would not apply to pedal carriages, so staff have recommended the council amend the law to include all vehicle-based businesses. If approved, the carryover effect would mean the law also applies to pedicabs and horse-drawn carriages or similar vehicles pulled by horses or livestock, including the carriages at Lights of the Ozarks on the downtown square.

April 21 Discussion:
City Attorney Kit Williams asked if the council would like to amend the ordinance to include bicycles and the city trails, as suggested by Council Member Marsh.

Marsh said she would like to add that amendment because she’s noticed people with amplifiers on their bikes on the trails recently, some playing loud music and others who are using amplifiers to preach.

The amendment passed 8-0.

There was no public comment.

The council advanced the item to the second reading, but Turk said she’d like to hold it there for two weeks since the ordinance was amended to include bicycles. The council agreed. The discussion will continue on May 5.

May 5 Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.

Background:
The mayor and city attorney have proposed the baseball fields at Kessler Mountain Regional Park be named the Chambers Baseball Complex since Chambers Bank in 2010 donated over 200 acres to the city to build the park. The bank also sold another 328 acres to the city at a “fair and reasonable” price, according to city staff and donated an additional 47 acres in 2014. The proposal was unanimously approved by the Parks and Recreation Advisory Board last month.

May 5 Discussion:
Council member Matthew Petty requested that the council hold this item to allow for more discussion on how the city raises funds for parks, naming rights, etc.

Background:
The facility has several ozone generators that disinfect the wastewater as part of the treatment process. Since Pinnacle Ozone Solutions is the sole manufacturer and service provider for the brand of ozone generators (QuadBlock) that are installed at the facility, city staff have requested the council waive the competitive bidding process and approve this expenditure to service the equipment.

Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.

Background:
Like the previous item, Pinnacle Ozone Solutions is the sole service provider so putting this service out for bid does not make since. Therefore, the council needs to waive the competitive bidding process and approve the contract before the work can be done.

Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.

Background:
The property is part of an undeveloped parcel between Wedington Drive and Persimmon Street, immediately north of the Boys & Girls Club. It is part of a larger site that was previously zoned as a planned zoning district (PZD), and then rezoned to NS, Neighborhood Services, in 2015 after the PZD failed to come to fruition. NS was subsequently designated as NS-L, Neighborhood Services-Limited. A lot split request has also been submitted for the parcel and is currently under review. The applicant wishes to build a church on the property.

City staff are in favor of the request, but the Planning Commission unanimously denied the proposal, so the applicant has appealed that decision to the City Council.

The current zoning district (NS-L) requires a build-to zone between 10 and 25 feet from the front property line, and the requested zoning district (P-1) does not have that same requirement. Planning Commission members expressed a strong interest to maintain the build-to zone along North Rupple Road for compatibility with the subdivision immediately across the street. Although the commission generally felt that the proposed use of a church was appropriate, they pointed out churches are allowed as a conditional use in the current zoning district, and because of that, they said they’d prefer to keep the current zoning district intact. The commissioners encouraged the applicant to apply for a conditional use permit instead, but the applicant chose to appeal to the City Council.

Location:

May 5 Discussion:
Dennis Blind of Olsson represented the applicant, and said the build-to zone is contrary to the needs of his client, who operates about 35 other churches around the country. He cited concerns about the size of the building his client would construct in relation to the neighborhood, among others.

Local resident Will Dockery, who lives nearby, said the build-to zone is important to the walkability of the neighborhood, and said he wants the council to deny the request.

Council Member Kyle Smith said he was concerned about the scale of the building to the street with the current zoning, and said he is also worried about the building fitting in with the surrounding neighborhood.

Smith offered an amendment to rezone the property to CS-Community Services.

City Attorney Kit Williams expressed concern over changing the zoning from something the applicant has requested to something else, and because the church is requesting a zoning in P-1 that is “designed for (churches) in our code,” Williams said.

The amendment passed 5-3, with Kinion, Gutierrez, and Turk voting no.

The council ultimately decided to leave the request on the second reading.

Background:
The property is about 60 feet south of the intersection between College Avenue and 13th Street and is developed with a single-family home and currently zoned NC, Neighborhood Conservation.

Both city staff and the Planning Commission recommend approval.

City staff said the proposed zoning is compatible with the adjacent land uses. Although Washington Avenue is mostly single-family in character, staff said there are examples of 2-, 3-, 4-, and multi-family dwellings throughout this portion of Walker Park, and that additional housing near a major city park is an ideal situation.

Location:

Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.

Background:
The property is about 100 feet south of the intersection between Washington Avenue and 10th Street, and is developed with a single-family home and currently zoned NC, Neighborhood Conservation.

Both city staff and the Planning Commission recommend approval.

Just like the previous item, city staff said the proposed zoning is compatible with the adjacent land uses.

Location:

Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.

Background:
The property includes about 0.45 acres of existing utility easement and right-of- way west of South School Avenue and between Martin Luther King Jr. Boulevard to the north and the Frisco Trail to the south. Staff said although the history of the easement dedication is unclear, right-of-way dedication occurred as a part of the Ferguson’s Addition plat in the 1930s. Staff research indicates that the right-of-way was never developed and buildings were subsequently built over it in places. The property is currently undeveloped, with the structures having been recently demolished. A large-scale development (LSD 19-6681) was approved on the property to the north in 2019 which was recently amended (ADM 20-7009) to expand the project’s scope and include the subject property.

Both city staff and the Planning Commission recommend approval of the request.

Location:

Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.

Background:
This section of Storer Avenue is very steep, narrow and unimproved with open ditches on each side. Staff said it is one of the only remaining sections of Storer Avenue that is not improved, which makes construction of a sidewalk challenging, and will ultimately increase the maintenance burden for the city to maintain a sidewalk next to an open ditch with active erosion issues.

During permitting review for a project to build six new single-family homes on the west side of Storer between Douglas and Cleveland, a cost-share agreement was proposed to complete the improvements, which would consist of a new trench drain to capture water flowing down the hill, as well as new piping to convey the water underground and facilitate removal of the open ditch. In addition, new curb and gutter will be included as well as new driveway aprons and sidewalks to complete the street scape on this portion of the street.

Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.

Background:
As the city moves toward adding more public electric vehicle charging stations, staff are asking the council to prohibit non-electric vehicles from parking in any spaces that include a charging station. The current law already prohibits it, but only in the parking lot across from City Hall where the city’s only charging station exists. The plan is to add two more charging stations in the Spring Street Parking Deck, but since the law only addresses the one parking lot, a change is needed to included all charging stations.

Staff said over the past two years, use of the first public charging station has increased tenfold with a current average use of nine hours each day.

Discussion:
There was no public comment.

Decision
The council advanced the ordinance to the third and final reading, and it was approved unanimously.