Fayetteville City Council recap: Sept. 20, 2022

The new members are listed below:

HISTORIC DISTRICT COMMISSION
Christine Myres – One unexpired term ending June 30, 2025
Julie Preddy – One unexpired term ending June 30, 2025

AIRPORT BOARD
Richard Rost – One unexpired business representative term ending Dec. 31, 2023

COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADIVSORY BOARD
Mark Plassmeyer – One unexpired resident At large term ending March 31, 2024

FAYETTEVILLE ARTS COUNCIL
Alexandra Vasile – One unexpired arts And culture citizen at large term ending June 30, 2023

TOWN AND GOWN ADVISORY COMMITTEE
Jack Avery – One citizen at large term ending Sept. 30, 2024

Background:
This item was pulled from Consent by Councilmember Kinion.

Sept. 6 Discussion:
Councilmember Scroggin said he would be recusing from this discussion and vote. Scroggin said he’s on the board of the Community Clinic, which would receive nearly $74,000 in funding under this proposal.

Natasha Coleman, chair of the Community Development and Assistance Programs Advisory Board, said the board met and requested this item be pulled to allow for more discussion about the resolution.

Three people spoke and asked the council to vote against the resolution. They said the money would be better spent on programs that focus on housing for low-income residents who are affected by the pandemic.

Turk said she wants to make sure the city doesn’t lose the funding by waiting too long to accept it. “That’s a lot of money to potentially lose,” said Turk.

Yolanda Fields, the city’s community resources director, said if the item is tabled, she’ll check with HUD to make sure there’s enough time to reallocate the funding before it’s too late.

The council voted 7-0 to table the item until Sept. 20.

Sept. 20 Discussion:
Fields said the Community Development and Assistance Programs Advisory Board discussed the issue at their Sept. 16 meeting, and voted unanimously to recommend approval of the proposal.

Decision:
The council voted 7-0 to approve the resolution. Scroggin recused because he’s on the board of the Community Clinic, which will receive funds from this proposal.

Background:
Administrative items and development variances reviewed by the Planning Commission are not currently listed in the city code section which identifies items that require public notification. City staff recommend updating the law to require notification for those items. The change would have a two-fold benefit, staff said. It would provide clear expectations for applicants, and it also ensure that the public receives notice when variances or alternative standards are requested.

Sept. 6 Discussion:
Councilmember Kinion said he hasn’t had time to look at this ordinance, so he’d like to leave it on the first or second reading tonight.

Turk said she’d like to amend the ordinance to require expand the public notice rules and possibly leave public notice signs up until the issue is completely resolved at the City Council level.

Staff said they’ll discuss Turk’s idea and come back with some suggestions later in the year about several issues that need to be thought out, including how the signs will be updated between Planning Commission and City Council meetings to reflect new information, who will pay for the updated signs, etc.

The council left the ordinance on the first reading. The discussion will continue on Sept. 20.

Sept. 20 Discussion:
There was no public comment.

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

Background:
This item is presented alongside another item on the agenda to place an historical marker in honor of Nelson Hackett.

Hackett labored as a personal servant at a grocery store south of where the Bank of Fayetteville stands today on the downtown square. He eventually fled Fayetteville in 1841 in search of freedom. His escape set off an international dispute that eventually helped ensure Canada would remain a safe haven for people who were fleeing enslavement in the United States.

Hackett fled to Canada, which had recently abolished slavery and was under British rule at the time. He was accused of theft by a man who claimed to own him in Fayetteville. While abolitionists called on Canada to give Hackett his freedom, supporters of slavery insisted that he be returned to the United States. Eventually, Arkansas Gov. Archibald Yell formally requested that Hackett be returned to Fayetteville, and when that request was granted, Hackett was publicly whipped, tortured and sold back into slavery in Texas. The British government eventually passed laws that made similar extraditions much more difficult in an effort to prevent setting a precedent that encouraged slave owners to make accusations of offenses in order to reclaim enslaved people from the U.S.

The city’s Black Heritage Preservation Commission voted to recommend the council change the name of Archibald Yell Boulevard to Nelson Hackett Boulevard, and to recommend adding an historical marker on the square in honor of Hackett.

» See our Aug. 8 story for more information

Sept. 6 Discussion:
Before the meeting, Councilmember Mike Wiederkehr also proposed an alternative name of “Henderson Boulevard” in honor of Ebeneazor Henderson and his daughter Clara Henderson. The two were the founders and teachers of Henderson School, which was the first publicly funded school in Arkansas. The school was located near the intersection of Olive Avenue and Sutton Street. It was organized to teach the sons and daughters of African-American residents in Fayetteville, many who had been recently emancipated during the Civil War.

In a letter to the city attorney, Wiederkehr said that Archibald Yell Boulevard transitions from School Avenue to College Avenue, and it would be logical and appropriate to join the two academically named streets with a nod to the Henderson School.

Wiederkehr also said it might be in the council’s best interest to do some more research and consideration before voting to rename the road.

JL Jennings, chair of the city’s Black Heritage Preservation Commission, said naming a road after Nelson Hackett is an important step in telling the complete story. Given the two (Yell and Hackett) men’s intertwined histories, Jennings said renaming the street in honor of Hackett is the most appropriate choice.

Marilyn Heifner, president of the Fayetteville Evergreen Cemetery Association where Archibald Yell is buried, said Yell is a well-respected figure. She said Yell always endorsed equality, and that stand cost him the governorship of Arkansas in his first political bid. Heifner said Yell’s action to sign extradition papers for Hackett was his legal duty after Hackett’s conviction in county court. She said if the council votes to rename the road, she hopes they will consider naming another street in Fayetteville after Yell.

Resident Bob Stafford said Archibald Yell Boulevard has long served as a dividing line that separates Fayetteville’s low-income residents from the rest of the city. He said the time is ripe for renaming the road considering the city has recently begun a series of improvements that will eventually provide more access for people who live south of the street.

Wiederkehr said his alternative proposal to name the street Henderson Boulevard is not to disrespect Hackett, but to highlight Fayetteville as an education center of Arkansas. He said the Henderson School was used as a rationale for Fayetteville being the chosen location of the state’s flagship university.

Jones said there are numerous African-Americans in Fayetteville’s history that were first in their positions and as such are deserving of being honored in the same way that the Henderson’s are. However, the commission, Jones said, didn’t want to slight any of those people, so it chose to take a different approach to honor someone with a unique legacy.

Bunch agreed with Jones, and said Hackett’s struggle had an international effect and she would prefer to keep the conversation centered around Nelson Hackett.

Councilmember Kinion said some merchants and residents who live on Archibald Yell Boulevard have told him they feel left out of the discussion by not being notified of a possible name change. He said he’s been asked to table the resolution to allow more time for consideration.

Councilmember Bunch said she also would like to hold the item until the next meeting if only to allow people with an address on Archibald Yell Boulevard a chance to weigh in.

“I think this street renaming has merit, but there might be an opportunity to better educate people that has been missed,” Bunch said. “I think we should hold it for two weeks, let these people have their say and then we’ll make a decision.”

The council voted 8-0 to table the resolution until Sept. 20.

Sept. 20 Discussion:
Before the meeting, council members D’Andre Jones and Sloan Scroggin proposed separate amendments to the ordinance.

Jones’ amendment would delay the effective name change until June 19, 2023 – also known as Juneteenth, which commemorates the emancipation of enslaved African Americans. A similar delay took place when the city renamed 6th Street to Martin Luther King Jr. Boulevard.

Scroggin’s amendment would reimburse businesses and residents on Archibald Yell Boulevard for expenses related to the renaming of the street.

Britin Bostick, the city’s long-range planner, said she reached out to property owners along Archibald Yell Boulevard to inform them of the proposed name change. She said some people requested the city help pay for their costs to change materials with the new name, some asked that the city do some marketing so people are well aware of the change, and others asked for the change to take place with a delay similar to how 6th Street was changed to Martin Luther King Jr. Boulevard.

Jones said some people have suggested that more public comment should be taken before this decision is made, but continuing to delay a vote undermines the months of work that have already been put in and all the public meetings that have already been held by the Black Heritage Preservation Commission where public comment is welcomed. He said if the council doesn’t trust the work of the commission that it formed in an effort to receive recommendations on issues like this, then why even have the commission in the first place?

During public comment, five Fayetteville residents spoke in favor of the proposal and one person from Fort Smith spoke against. The person who was against said Nelson Hackett should have a street named after him, but it should not replace Archibald Yell’s name because it would be erasing history and could lead to more streets or buildings being renamed if the council doesn’t like their individual histories. He suggested renaming another street for Hackett, possibly an intersecting street because of the two men’s intersecting history.

Scroggin said he’d like to formally amend the ordinance to include his suggestion to reimburse businesses and residents on Archibald Yell Boulevard for expenses related to the renaming of the street. Mayor Jordan asked how much money should be allocated for the proposal.

Councilmember Hertzberg said she has concerns about the proposal since costs could be high to update business signs, cards or other materials that would need to be changed. City Attorney Kit Williams said the language could be adjusted to put a cap on how much money would be given for each address.

Councilmember Harvey said she had an address on 6th Street when it was changed to Martin Luther King Jr. Boulevard and she was not given any money to update her business materials. She said the council should be careful not to set a precedent for paying for name changes.

Scroggin moved to approve Jones’ amendment. That amendment passed 8-0. Jones said property owners would have 12 months after the effective date before they would need to have their materials updated.

Scroggin withdrew his amendment.

Bunch said as a longtime Fayetteville resident, she doesn’t understand the idea that this name change would be erasing history. Archibald Yell, she said, has a marker in south Fayetteville, he has a prominent gravesite and his history is taught in local schools.

Bunch said the council tasked the Black Heritage Preservation Commission to investigate issues like this and their recommendations should be taken seriously. She said when people ask “where does this stop?” a more appropriate question the council should be asking is “where do we start?”

Turk said this issue has been a struggle for her. In some ways, it’s been good to learn more about Nelson Hackett, she said, but in other ways, the proposal has divided the community. She said she hopes in the future there can be an alternate way to honor people that doesn’t replace one name with another. She said maybe the city could look at ways to create honorary street names instead of making an outright name change.

Bunch said when a community has division and people become uncomfortable, that’s when growth happens.

“It’s going to be OK,” said Bunch. “I’m glad we had this conversation.”

Decision:
The council voted 7-1 to approve the resolution. Wiederkehr voted against. Before the vote, he said he felt the issue became too divisive with its all-or-nothing component, and he didn’t appreciate some of Jones’ suggestions that if the public wanted more opportunities to weigh in on the decision then they should’ve attended the Black Heritage Preservation Commission’s meetings.

Background:
This item would approve a contract for the creation of 4-6 pre-approved designs for homes in downtown and south Fayetteville. Developers could choose any of the designs for new construction, and because they would be pre-approved for development, the permitting process would be quicker and easier. Staff said the design library could also encourage would-be developers to actively engage in the improvement of their own neighborhoods. Use of the designs would be completely optional.

Funding for the contract will come from the city’s capital improvement budget.

Discussion:
Turk suggested tabling the resolution to give the council more time to consider the proposal and to get more information about other cities that have adopted similar plans.

The motion to table was approved.

Background:
Each year the council must approve an ordinance to renew the levy of ad valorem taxes on real and personal property within the city. It’s the same amount that has been proposed and approved each year since 2016 when voters approved an increase for the library expansion project.

Discussion:
There was no public comment.

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

Background:
The property contains three lots totaling and is included in the Fayette Junction planning area. Aside from overhead electric lines the site is entirely undeveloped and largely covered by mature tree canopy. An unnamed tributary of the Town Branch bisects the eastern half of the property and is protected under the city’s streamside protection ordinance. The applicant has not submitted an associated development proposal but suggests the rezoning will facilitate a development of single- and two-family homes on the property.

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

Location:

Discussion:
There was no public comment.

Harvey said she’d like to hold the ordinance on the first reading to allow more time to consider the proposal. The council agreed, and the discussion will continue on Oct. 4.

Background:
The property is two blocks north of the University of Arkansas campus and is currently developed with three multi-family structures, each containing six units. The applicant says the rezoning is compatible due to the surrounding mix of uses and proximity to the University of Arkansas.

Both city planners 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 reading, and voted 8-0 to approve it.

Background:
The property is located near downtown Fayetteville and is currently developed with one single-family home. A slope in excess of 15% is present on site, though no portion of the property is located within the Hillside/Hilltop Overlay District. The applicant has stated that they would like to rezone the property in order to provide greater flexibility in land uses.

Both city planners 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 reading, and voted unanimously to approve it.

Background:
The property is located near downtown Fayetteville and contains three single-family homes. A slope in excess of 15% is present on site, though no portion of the property is located within the Hillside/Hilltop Overlay District. The applicant has stated that rezoning the property to MSC would allow them to split the existing dwelling units onto individual lots, and it would provide greater flexibility in land uses.

The Planning Commission recommends approval, but city planners recommend denial, and said the request would not be suitable since it would allow for a variety of nonresidential land uses that are not directly compatible with the area and that would be located mid-block along an unimproved street which is set to become a dead-end with the closure of the railroad crossing to the south. Staff said there are alternatives available to the applicant that would allow them to subdivide their property as desired without needing to rezone to MSC. Other zoning districts such as RI-U and DG would allow for reduced lot widths, staff said. Creating a tandem lot is another option available to the applicant.

Location:

Discussion:
There was no public comment.

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

Background:
The property is southeast of the intersection of West Martin Luther King Jr. Boulevard and South Smokehouse Trail. It is currently undeveloped and includes a tree canopy that covers much of the property and a 6% grade that slopes down from the southern property line to the north. The property does not lie within the Hillside-Hilltop Overlay District.

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

Location:

Discussion:
Several residents spoke in favor of the proposal and said it’s an important piece of property that they hope is developed responsibly under the UT zoning district.

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

Background:
The property is in west Fayetteville on the north side of West Wedington Drive and is developed with one single-family home and one accessory structure. An application for a property line adjustment was submitted concurrently with this request which would adjust the size of the lot to align with the proposed zoning boundary. In 2020, the owner of the property requested to rezone the lot to RI-12, but that request was denied by the Planning Commission and subsequently appealed to and denied by the City Council.

This new request has approval from both city planners and the Planning Commission. A separate request to rezone the property to the west to RI-U was submitted concurrently, though that request was tabled until the Sept. 26 Planning Commission meeting.

Location:

Discussion:
There was no public comment.

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

Background:
The property is located near downtown Fayetteville and is developed with one single-family home. A slope in excess of 10% is present on site, though no portion of the property is located within the Hillside-Hilltop Overlay District. The applicant has shared that the primary reason for the request is to ensure compatibility with the existing neighborhood in terms of building form and scale in the event of future development on the property. The applicant has also offered a Bill of Assurance which would increase the side setback along the east property to 8 feet.

Both city planners 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 reading, and voted unanimously to approve it.