HomeMy WebLinkAbout2019-04-16 - Minutes -Council Member Sonia Gutierrez
Ward 1 Position 1
Council Member Sarah Marsh
Ward 1 Position 2
Council Member Mark Kinion
Ward 2 Position 1
Council Member Matthew Petty
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
April 16, 2019
City Council Meeting Minutes
April 16, 2019
Page 1 of 20
Council Member Sloan Scroggin
Ward 3 Position 1
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position 1
Council Member Kyle Smith
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on April 16, 2019 at 5:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Council Members Sonia Gutierrez, Mark Kinion, Matthew Petty, Sloan
Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit
Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Absent: Council Member Sarah Marsh
Pledge of Allegiance
Mai-or's Announcement Proclamations and Recognitions:
Financial Reporting Achievement Award Presented to the City of Fayetteville Accounting
Division
Mayor Jordan presented the Financial Reporting Achievement award to the City of Fayetteville
Accounting Division. He stated Paul Becker's office does a tremendous job for the city in
managing finances. He thanked Paul and his staff for their service.
Paul Becker, Chief Financial Officer thanked Marsha Hertweck, Accounting Director and her
team for the outstanding job they do for the City of Fayetteville.
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City Council Meeting Minutes
April 16, 2019
Page 2 of 20
Ci , Council Meetin Presentations Reports, and Discussion Items: None
Agenda Additions: None
Consent:
Approval of the April 2, 2019 City Council Meeting Minutes,
Approved
Bid #19-19 O'Reilly Auto Parts: A resolution to award Bid #19-19 and authorize the purchase
of oil, air, and fuel filters from O'Reilly Auto Parts for varying unit prices as needed for a term of
one (1) year with automatic renewals for up to four additional one-year terms.
Resolution 88-19 as recorded in the office of the City Clerk
2018 Boston Mountain Recycling Grant: A resolution to authorize acceptance of a 2018
Arkansas Department of Environmental Quality grant through the Boston Mountain Solid Waste
District in the amount of $7,000.00 for a compost bin sale, and to approve a budget adjustment.
Resolution 89-19 as recorded in the office of the City Clerk
Rangers Pantry Donations: A resolution to approve a budget adjustment in the total amount of
$50.00 representing donations to Ranger's Pantry.
Resolution 90-19 as recorded in the office of the City Clerk
Yvonne Richardson Community Center Summer Fun4Kids Program: A resolution to approve
a budget adjustment in the amount of $4,056.00 representing a donation from friends of YRCC to
fund a paid summer internship opportunity with the Yvonne Richardson Community Center
summer Fun4Kids program.
Resolution 91-19 as recorded in the office of the City Clerk
United States Postal Service Lease Amendment: A resolution to approve a lease amendment
with the United States Postal Service for the terminal space located at 4500 South School Avenue,
Suite P to extend the term of the lease through February 16, 2025, for annual rent in the amount of
$27,648.00.
Resolution 92-19 as recorded in the office of the City Clerk
EPA Region 6 Wetland Program Development Grant Application: A resolution to authorize
an EPA Region 6 Wetland Program Development Grant application in the total amount of
$500,000.00 for restoration of Tanglewood Branch within the Cultural Arts Corridor.
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City Council Meeting Minutes
April 16, 2019
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Resolution 93-19 as recorded in the office of the City Clerk
Bid #19-28 Scurlock Industries: A resolution to award Bid #19-28 and authorize the purchase of
precast concrete box culverts from Scurlock Industries in the amount of $51,821.50 plus applicable
taxes for a tunnel crossing under Old Wire Road on the Niokaska Creek Trail.
Resolution 94-19 as recorded in the office of the City Clerk
Amend Resolution 39-19: A resolution to amend the 2019 budget by reducing the amount of
reappropriations from the 2018 budget by $2,532,487.00.
Resolution 95-19 as recorded in the office of the City Clerk
RFQ #19-01 Garver Engineers, LLC: A resolution to approve a professional engineering
services agreement with Garver, LLC, pursuant to RFQ #19-01, in the amount of $246,450.00 for
the engineering design of waterline replacements along South Garland Avenue and East Rolling
Hills Drive, and to approve a budget adjustment.
Resolution 96-19 as recorded in the office of the City Clerk
Council Member Kinion moved to accept the Consent Agenda as read. Council Member
Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk,
Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh
was absent.
Unfinished Business: None
New Business:
Joint Land Purchase, Use and Conservation Contract - WCRC: A resolution to approve a
Land Purchase, Use and Conservation Contract with the Watershed Conservation Resource Center
for the joint purchase of about 98 acres of land near Dead Horse Mountain Road for the amount
of $250,000.00 plus closing costs, with the city's portion of the costs not to exceed $160,000.00.
Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the Water,
Sewer & Solid Waste Committee recommended forwarding it to City Council for approval.
Mayor Jordan stated this is a good project for the city. He thanked the Water & Sewer Committee
for their work.
Council Member Turk: This is a project that has great value. The more we can stabilize the
streambank and prevent sedimentation, phosphorous and nitrogen from entering our water shed,
the better. I commend everyone who has been working on this. This is a great use of public funds.
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April 16, 2019
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Council Member Kinion moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution passed 7-0. Council Members Turk, Smith,
Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was
absent.
Resolution 97-19 as recorded in the office of the City Clerk
Washington County Jail Services Interlocal Agreement: A resolution to approve the Tenth
Amended Interlocal Agreement for jail services with Washington County, Arkansas for continuing
fees of sixty-two dollars ($62.00) per booked prisoner for 2019.
Greg Tabor, Chief of Police gave a brief description of the resolution.
Council Member Gutierrez moved to approve the resolution. Council Member Turk
seconded the motion. Upon roll call the resolution passed 7-0. Council Members Turk, Smith,
Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was
absent.
Resolution 98-19 as recorded in the office of the City Clerk
Baumann Construction, LLC: An ordinance to waive the requirements of formal competitive
bidding and approve a cost share agreement with Baumann Construction, LLC for the installation
of sewer main along a portion of South School Avenue between West South Street and South
Archibald Yell Boulevard, with the estimated amount to be paid by the City of Fayetteville not to
exceed $37,189.38, and to approve a project contingency in the amount of $3,720.00.
City Attorney Kit Williams read the ordinance.
Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the Water,
Sewer & Solid Waste Committee recommended forwarding it to City Council for approval.
Council Member Kinion stated when the Water, Sewer & Solid Waste Committee consider the
possibility of sharing the cost of something we are going to replace anyway, this saves time and
cost. He spoke of the advantage of participating in an agreement with the developer.
Council Member Kinion moved to suspend the rules and go to the second reading. Council
Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members
Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member
Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Kinion moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0.
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Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6171 as Recorded in the office of the City Clerk
Riggs Power Systems: An ordinance to waive competitive bidding and accept a quote in the
amount of $31,503.35 plus applicable taxes from Riggs Power Systems for the replacement of an
exhaust catalyst on the backup generator at the Noland Wastewater Treatment Facility, and to
approve a budget adjustment.
City Attorney Kit Williams read the ordinance.
Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the Water,
Sewer & Solid Waste Committee recommended forwarding it to City Council for approval.
Council Member Kinion stated it is a necessary repair to stay in compliance with the air quality
standards.
Council Member Kinion moved to suspend the rules and go to the second reading. Council
Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Kinion moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6172 as Recorded in the office of the City Clerk
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RZN 19-6553 (510 S. College Ave./Goody): An ordinance to rezone that property described in
rezoning petition RZN 19-6553 for approximately 0.22 acres located at 510 South College Avenue
from NC, Neighborhood Conservation to NS -1, Neighborhood Services -Limited.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated
the applicant has submitted a revised request for City Council consideration to Residential
Intermediate Urban. He stated staff recommends approval of the revised RI -U request.
Mayor Jordan stated Council Member Marsh requested to hold the item on the First Reading.
Zara Niederman, Applicant spoke briefly about his revised rezoning request.
City Attorney Kit Williams: You want to change the ordinance to RI -U?
Zara Niederman: Yes.
Council Member Scroggin: The Planning Commission approved NS -L. The staff recommends
RI -U?
Garner Stoll: Staff recommended denial of the NS -L. After Planning Commission acted and it
was already on your agenda, the applicant suggested they would be willing to accept the RI -U. We
feel that it's in substantial conformance with the Walker Park Plan.
City Attorney Kit Williams: The normal policy is that I draft the ordinance as requested by the
applicant, whether Planning or Planning Commission has approved. The change at heart did not
occur early enough for me to draft the ordinance. I request that you amend to what the applicant
wants. Then you can decide whether you should do anything else. This doesn't commit you to do
the rezoning.
Council Member Scroggin moved to amend to RI -U. Council Member Gutierrez seconded
the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez,
Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent.
Garner Stoll gave a brief description of RI -U.
Council Member Petty stated he found it perplexing there was a determination that NS -L was
incompatible. He stated within less than a block there is a realty office, general store, church, and
Jefferson Center. He stated within two blocks there are artist studios, a remnant gas station, and
church that has been converted to a nonprofit performance arts studio. He stated the conclusion
that NS -L is incompatible with the rest of the neighborhood is questionable. He stated the
ordinance that is written by staff is designed to allow the kinds of uses that are already present in
the neighborhood.
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City Council Meeting Minutes
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Council Member Kinion: I understand the point of view that it looks like it's compatible, but just
as in some previous rezoning issues we've looked at, there was a lot of activity in the Walker Park
Plan. We have to recognize there was a process and it was approved by City Council to have a
neighborhood conservation plan. The neighbors in this area wanted to conserve the elements of
their neighborhood. I have a propensity to support a plan that was developed primarily by the
neighborhood so they could live in the neighborhood they wish to live in. This takes precedent in
my determination. I hope the neighbors will speak up and be heard.
This item was left on the First Reading.
RZN 19-6555 (1924 S. Ashwood Ave./Cottages at Ashwood): An ordinance to rezone that
property described in rezoning petition RZN 19-6555 for approximately 0. 16 acres located at 1924
South Ashwood Avenue from RSF-4, Residential Single Family, 4 units per acre to RI -U,
Residential Intermediate -Urban.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. He spoke
about setbacks. The Planning Commission recommended in favor of RI -U. He stated staff does
not support RI -U.
Stephen Brooks, Applicant gave a brief description of his property and spoke about setbacks.
Council Member Gutierrez: Now that you're aware of the setback situation, are you more
flexible to finding a zoning that would allow a better setback?
Stephen Brooks: Yes. I originally applied for RMF -24 due to the significant other properties in
the area. The Planning Commission recommended the RI -U zoning and that's why we ended up
going with that one.
Mayor Jordan: What is the width of the lot?
Garner Stoll: 50 Feet.
Mayor Jordan: From the front of it to the back, how big is the lot?
Garner Stoll: 140, perhaps.
Sue Madison, 573 Rockcliff Road spoke about the character of the neighborhood. She spoke in
opposition of the rezoning.
Katelin Cooper, 1907 Arrowhead Street stated the rezoning request is out of character with the
rest of the neighborhood. She spoke in opposition of the rezoning.
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Council Member Gutierrez thanked the neighbors for speaking. She stated their concerns are
also her concerns and it's a very narrow lot. She stated they need to keep it single-family or a
compromise of a duplex. She stated a duplex could look like a single-family home, plus have a
good setback and make sure there's enough parking. She stated she would not be in support of the
up zone.
Mayor Jordan: What is the width of the street?
Garner Stoll: It is around 20 feet.
Mayor Jordan stated he is familiar with the area because it is across the street from where he
lives. He spoke about the arrangement of the property. He stated there is a lot of rental property in
the area. He stated it could be three stories, but it will not fit on the lot. He stated there's not enough
space from the front to the back or space between the houses. He spoke about his concerns of street
width and parking. He stated the concerns are not because it's where he lives, but he would have
concerns if it was anywhere else in the city.
Council Member Turk: Is it correct that with it being zoned as a RSF-4, the applicant could build
a duplex?
Garner Stoll: Yes, with a conditional use permit from the Planning Commission. It's not a
permitted use, but is a conditional use.
Mayor Jordan: I don't think anybody is concerned so much about the rental end of it, but it's the
height of the building.
Council Member Kinion spoke about the Fayette Junction Plan and Walker Park Plan. He spoke
about neighbors developing a preservation plan and that was approved by City Council. He stated
he had a concern about a return on investment on the property. He believes there can be a return
on the investment with the current zoning. He stated there's nothing that has more immediate
impact and nothing has more long-term impact than when you rezone property. He stated you can
never anticipate what is going to be built on the property. He stated you have to look at what comes
with the zoning and consider how the zoning is going to impact the specific piece of property. He
stated the neighbors need to be respected and if the neighbors want to change their plan, then they
can request the change.
Council Member Smith stated the concerns are the same concerns they hear all the time with
rezoning's. He spoke about height and setbacks of structures. He doesn't believe they are ready to
address the situation on the individual lot scale. He stated he's not sure they have all the building
blocks in place they need to make a change like this. He hopes as they get closer to revising the
2040 Plan that they will look at some of those things to be able to be more responsive.
Council Member Scroggin: The current max stories is three, correct?
Garner Stoll: Correct.
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Council Member Scroggin: What would it be under RI -U?
Garner Stoll: Both the RMF -24 and RI -U have a step back height limitation. It allows construction
on the zero to 25 foot. It's a build to line. If you build zero to ten, you are allowed two stories. Ten
to 15 is three.
Council Member Scroggin: So, the max is three?
Garner Stoll: It allows an additional step up under the RMF -24, but not the RI -U. The maximum
is three stories under RI -U.
Council Member Scroggin: I don't feel like we are arguing about height because three stories
would be allowed in either case.
Mayor Jordan: That would be true.
Council Member Petty: The lot width is about 50 feet. Looking at RSF-4, the minimum lot width
is 70 feet and for a two-family dwelling it is 80 feet. The lot is nonconforming with RSF-4 on that
basis. Does staff have an opinion about which zoning designation would be best to bring this lot
into conformity?
Garner Stoll: It's a nonconforming lot width. The use is conforming. It's true that in order to
approve a duplex the Planning Commission would have to vary the lot widths.
Council Member Petty: Is that not a Board of Adjustment's variance?
Garner Stoll: Yes, I believe it is.
Council Member Petty: The threshold to grant a variance for the Board of Adjustments is more
stringent than the threshold for the Planning Commission to grant a variance and a hardship has to
be demonstrated. I'm confused why we don't have a recommendation for a zoning district that
brings this lot into compliance with its lot width standards. It's clear from looking at the lot width
of this parcel and its parcels to the north and south that RSF-4 was broad brushed over the top of
these parcels without regard for their historic lot widths. These lot widths are different than the lot
widths on Arrowhead Street, which are in compliance with RSF-4 lot width standards. It's clear
that RSF-4 does not reflect what is constructed today.
Mayor Jordan: It's a good point. My neighborhood is a lot different ballgame. We have big lots.
Garner Stoll: That's all correct, but the house could be replaced without a variance.
Council Member Petty: I understand the house could be replaced. The applicant stated the desire
to explore construction of a duplex and that's what my fellow Council Member's question was
about. Today, to construct a duplex, not only will a conditional use permit be required from the
Planning Commission, but also a variance from the Board of Adjustments in a separate application
with a higher standard. Based on my experience, meeting that standard will be impossible in RSF-
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4. There's no apparent hardship with respect to the property, unless you count an administrative
contamination with this zoning designation that's noncompliant by default.
Garner Stoll: I think what you said is correct, but there is another option. Last year Council
approved a more lenient accessory dwelling unit ordinance. It would allow a replacement single
family, plus one or two ADU's, which might fit well off the alley.
Council Member Kinion: It is a possibility right now to have a single-family home and two
ADU's. If you look at the makeup of the neighborhood it could be ideal. In the current use, the
setback is fifteen feet. If you have a three-story building at 15 feet then that's very different than
what we could have under the proposed zoning because it could push it out further?
Garner Stoll: It can be zero.
Council Member Kinion: That is a difference, zero to 15. At the property, the brick house that is
to the side of it that's new, would be dwarfed. The setback is going to be very out of place if you
pulled it all the way up to the property line. Two stories would probably be okay, but three stories
is going to be out of scale because these are modest homes. I think people will buy rentals and turn
it into a single-family home, if it is affordable. We have seen this in other neighborhoods and then
the area becomes more desirable. The height is a concern of mine because of the setbacks. I
appreciate the respectful way the neighborhood has approached me with their concerns.
Don Marr, Chief of Staff spoke about the 2040 City Plan. He stated the topic of height is one of
the items on the list. He stated 55% of units in the city are single unit housing and 55% of the city
is not three stories. He stated the bulk of it is being built lower than that. He stated the topic of
patterned contextual development is what Council has to address.
Council Member Bunch: There is an alley behind the lot. Is it a useable alley?
Garner Stoll: It is a platted alley. It would need to be improved.
Council Member Bunch: What would the improvements be?
Garner Stoll: Generally, hard surfacing, but there is an exemption. I would have to check to see
if this qualifies for gravel.
Council Member Bunch: With our ADU's, you could rebuild the house that's there now and
possibly put a garage in the back with an apartment above the garage?
Garner Stoll: Yes.
Council Member Bunch: If you have to resurface an alley, it would probably be cost prohibitive.
Council Member Petty stated the discussion is encouraging. He stated he is uncomfortable with
a vote that preserves RSF-4 because it doesn't reflect what is there today. He stated he would
support RSF-8 without reservation. He stated there is a difference between out of scale in terms of
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the physical sides of the building and how they sometimes talk about scale and compatibility, when
they mean how many units there are. He stated in the past when they have tried to amend the height
limits in the city, the attempts typically have been to lower them. He spoke about the extraordinary
push back and controversy in the community in doing that. He stated wherever the height limits
are, they are usually not built too. He stated you might hear in a future conversation from the
community that it's the City Council's attempt to limit heights that are stifling growth, and that's
not true. He believes they should be free to talk about height limits and prevailing setbacks. He
stated if they take up the discussion, it should be clear that they aren't going to let it be about
limiting the number of units that might be in a building, so strictly.
Mayor Jordan: I've lived in my house for 42 years. There's about 23 rentals all around my house
and everybody gets along just fine. The folks who rent those properties are good citizens in this
city. Suddenly we are looking at something that could be three stories high nestled in between two
small houses. The parking will be difficult. The neighborhood isn't against the applicant, but the
height doesn't fit. What zoning does staff recommend?
Garner Stoll: RSF-8 is something you might want to look at.
Mayor Jordan: That is a good idea.
There was a brief discussion about the applicant's request of RI -U and if the applicant would be
agreeable to RSF-8. They spoke about leaving it on the First Reading to allow the applicant more
time to review their item.
This item was left on the First Reading.
RZN 19-6572 (1540 E. 15th St./EZ Mart): An ordinance to rezone that property described in
rezoning petition RZN 19-6572 for approximately 2.16 acres located at 1540 E 15th Street from
C-1, Neighborhood Commercial to CS, Community Services.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated
there is a sale pending and the applicant is requesting Council to consider acting on the item
tonight. The Planning Commission and staff recommend approval of the request.
Amy Martin, Applicant's Representative stated her client has until tomorrow to clear title on the
property in order for the property to close. She requested for Council to act so the applicant can
proceed with the closing the next day.
Council Member Petty moved to suspend the rules and go to the second reading. Council
Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
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City Attorney Kit Williams read the ordinance.
Council Member Kinion moved to suspend the rules and go to the third and final reading.
Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6173 as Recorded in the office of the City Clerk
RZN 18-6573 (509 W. Prairie St./Prairie St. Live): An ordinance to rezone that property
described in rezoning petition RZN 19-6573 for approximately 0.93 acres located at 509 West
Prairie Street from DG, Downtown General to MSC, Main Street/Center.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. The
Planning Commission and staff recommend approval.
Jason Wright, Modus Studio, Applicant's Representative stated there is no clear development
strategy or plan yet for the property. He stated the move to Main Street/Center is to offer more
options for development for their client.
Council Member Petty: I am going to recuse from the discussion and the vote. I have ownership
interest in a property within about 100 feet of this. I will be directly affected by the decision.
Council Member Kinion: This is in compliance with the Downtown Master Plan we have
approved. If there is a Master Plan, it needs to be utilized. If it needs to be changed, then we need
to change it.
Council Member Turk: Under this proposed rezoning it is right by the trail. Would they be
allowed to put a fence up under either of these zoning regimes?
Garner Stoll: Yes.
Council Member Turk: This brings us back to the discussion that we really might need to have
about a trail side ordinance at some point. That is a great area. It would be a shame to have it
blocked off for people on the trails. If it went back to the Planning Commission or could this
conditional use kinds of conditions be placed on there?
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Garner Stoll: Yes, as a conditional use. The existing building is between that trail and the interior
space, which some time ago had been used for live music.
Council Member Bunch: If this is rezoned under this type of zoning, would it have any parking
on the street? I'm thinking in terms how all of this is going to work around that trail at some point
in time.
Garner Stoll: The parking is not dependent on the district. It is identical between these districts.
We do not require parking for nonresidential uses in Fayetteville. We have a parking cap for
nonresidential uses. We require parking for residential uses, one per bedroom. You aren't changing
anything about the parking by changing this district.
Council Member Bunch: There is street parking up ahead of it. There's no parking across the
street right now, but there's no curb across the street and people park on the street.
Council Member Gutierrez stated one of the things she likes about the property is that it's part
of the Cultural Arts District. She stated it is an ideal space for live music. She stated parking and
the sound are things she questions. She spoke about engaging trail users.
Council Member Kinion stated it is a good fit in the area. He spoke about parking and noise
concerns. He stated it is located on a trail, but he doesn't see anyone bringing their bikes. He
doesn't want to rush through the readings of the ordinance.
Council Member Scroggin: How different is parking in the two different zones?
Garner Stoll: The requirements are the same between these two districts.
Council Member Scroggin: What you can build in the two zones, as far as volume, are they
different?
Garner Stoll: No. They are very similar districts. The requested district allows use group 35 and
maybe a few other additional use groups that Downtown General doesn't. Both districts are
commercial and residential mixed-use districts.
Council Member Smith: The biggest difference I see is that Downtown General noise control is
treated as a residential zone and Main Street Center is treated as a commercial zone. Making sure
we have all our noise considerations figured out is a good step. Would the owners of the housing
diagonally across from Prairie and the trail receive notification about this?
Garner Stoll stated yes and that the city's notification requirements reach across the street. He
spoke about the notification process.
Council Member Smith: West of Prairie, there are about three houses. Would they have received
notification?
Garner Stoll: I don't believe they are notified.
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Council Member Smith stated residents may have not seen the signs unless they went through
the area and saw the notifications signs.
This item was left on the First Reading.
VAC 19-6575 (2090 W. Henson Hill Rd./Henson Hill): An ordinance to approve VAC 19-6575
for property located at 2090 West Henson Hill to vacate a portion of a utility easement.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. The
Planning Commission and staff recommend approval.
Andy Hooper, Bates & Associates stated he was available for questions.
Council Member Scroggin moved to suspend the rules and go to the second reading. Council
Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members
Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member
Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin moved to suspend the rules and go to the third and final reading.
Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6174 as Recorded in the office of the City Clerk
VAC 19-6571 (West of 1248 E. Pump Station Rd./Tree Climbers, Inc): An ordinance to
approve VAC 19-6571 for property located at 1248 E Pump Station Rd to vacate a portion of a
utility easement.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. The
Planning Commission and staff recommend approval.
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City Council Meeting Minutes
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Jeremy Williams, Applicant stated he was available for questions.
Council Member Scroggin moved to suspend the rules and go to the second reading. Council
Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin moved to suspend the rules and go to the third and final reading.
Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Smith: The GIS map shows a utility easement that looks like it straddles a
property line and maybe a little wider than the part we are vacating. Are we getting rid of the whole
thing or just a half strip of it?
Garner Stoll: The hash part of it on the east side.
Council Member Smith: There would still be a small remnant of easement leftover when we are
done?
Garner Stoll: I believe so.
Jeremy Williams: Yes, it is just the west portion. The neighbor doesn't have any issues with that.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6175 as Recorded in the office of the City Clerk
VAC 19-6574 (1270 & 1272 N. Corsica Dr./Basham Homes): An ordinance to approve VAC
19-6574 for property located at 1270 & 1272 North Corsica Drive to vacate a portion of a utility
easement.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance. The
Planning Commission and staff recommend approval.
Andy Hooper, Bates & Associates stated he was available for questions.
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City Council Meeting Minutes
April 16, 2019
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Council Member Smith moved to suspend the rules and go to the second reading. Council
Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Smith moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6176 as Recorded in the office of the City Clerk
Amend Article XXII Arts Council: An ordinance to amend Article XXII Arts Council in
Chapter 33 Departments, Boards, Commissions, and Authorities of the City Code to provide
that one member of the Arts Council shall be a City Council Member appointed by the Mayor.
City Attorney Kit Williams read the ordinance.
Dede Peters, Community Outreach Coordinator gave a brief description of the ordinance.
Council Member Gutierrez: What kinds of things do you see for the Council to understand more
and what will the Council Member bring to the group? The committee has been around for a long
time.
Dede Peters: When Council Members review the budget, and see bigger capital items projects
coming in, it might provide opportunities to include artwork in the projects. If we build a parking
garage, it could include a different way to number the floors creatively.
Don Marr, Chief of Staff: The Council last year during the budget session gave direction for us
to develop a process for application for art funding. This committee is one we talked about helping
vet templated grant processes. We think it would be beneficial to have a Council Member to give
direction about feedback. Several of our items that have Council Members are typically
committees where they link tightly to the city's masterplans so they have an advocate to bring
items directly to the Council. The staff works for the Mayor and can't be assigned by a Council
Member to do items. When Council Members are on certain committees they may bring those
items directly to the Council. The arts area is in our Economic Development Plan as an area for
targeted growth. We have a Council Member on our PACE Program to help with our Energy
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Action implementations. It's a full Council committee for the Waste & Recycling Plan
implementation. Our water conservation and water quality related items have a Council committee.
We also have a Council Member on the Active Transportation Committee. Sometimes things need
to be brought directly to you that aren't assigned as a priority from an administration perspective
that you still want to come have forward.
Council Member Gutierrez: Having a Council Member on the Arts Council is going to show
that we prioritize the Arts Corridor. I am very supportive of this.
Council Member Kinion: Currently, the mission of the Arts Council is to approve public art. Is
this going to expand the role of the Arts Council?
Dede Peters: It is to approve public art that is donated to the city or projects that have come up.
Our current Arts Council members want to do some other things. I'm not sure what is on their
agenda. They want to have more funding and seek opportunities for that.
Don Marr: I think you are going to see a request for a change in duties to come from them. That
is also another area where the Council Member might give guidance about how far is too far. We
have people who want to appropriate funds. The only people that can do that are the nine of you
who are elected. There needs to be some guidance as we redo that. We think it's important there
are some boundaries so we don't end up more than an advisory committee. We have actual
ordinances that require certain things to come at the elected official category.
Council Member Kinion: As Chairman of the Nominating Committee, this has come up to
encourage the expansion of recognizing in our Economic Development Plan that the creative
community is one of the integral parts of our development. This is a good step forward. There is a
lot of planning that needs to be done.
Council Member Kinion moved to suspend the rules and go to the second reading. Council
Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members
Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member
Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Gutierrez moved to suspend the rules and go to the third and final reading.
Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
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City Council Meeting Minutes
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Ordinance 6177 as Recorded in the office of the City Clerk
Amend § 33.361 Composition of Article XXIV Town and Gown Advisory Committee: An
ordinance to amend §33.361 Composition of Article XXIV Town and Gown Advisory
Committee of the Fayetteville City Code to add the President of the University of Arkansas
Graduate Professional Student Congress as a member.
City Attorney Kit Williams read the ordinance.
Susan Norton, Communications & Marketing Director gave a brief description of the ordinance.
Council Member Kinion moved to suspend the rules and go to the second reading. Council
Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin moved to suspend the rules and go to the third and final reading.
Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6178 as Recorded in the office of the City Clerk
Amend 166.08 Access Management: An ordinance to amend §166.08(G) Non -Conforming
Access Features to require access management improvements upon expansion or improvements
costing greater than 50% of the market value of a property rather than the assessed value.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Development Services Director gave a brief description of the ordinance.
Council Member Kinion moved to suspend the rules and go to the second reading. Council
Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members
Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member
Marsh was absent.
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City Council Meeting Minutes
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City Attorney Kit Williams read the ordinance.
Council Member Kinion moved to suspend the rules and go to the third and final reading.
Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Marsh was absent.
City Attorney Kit Williams read the ordinance.
Council Member Turk: If a business is making an improvement and they don't need to change
their access at all, we are still making them go for a variance if the improvement is at least 10% of
their accessed value?
Garner Stoll: 50%.
Council Member Turk: As it stands currently?
Garner Stoll: Yes.
Council Member Turk: If there is no improvement that needs to be made, they still have to get a
variance?
Garner Stoll: If they are not changing their access, you mean the curb cuts?
Council Member Turk acknowledged Garner's question.
Garner Stoll stated the answer is yes.
Council Member Scroggin: This would only be for nonconforming current uses?
Garner Stoll: Yes.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes.
Council Member Marsh was absent.
Ordinance 6179 as Recorded in the office of the City Clerk
Announcements:
Don Marr, Chief of Staff stated the Ward 3 Spring Bulky Waste Cleanup will be on April 27,
2019. He spoke about the city seeking public input for cycling and other amenities at the new
Centennial Park at Millsap Mountain. He stated there would be a meeting at the Owl Creek School
Library on April 17, 2019 at 4:30 p.m. to discuss the topic. He reminded citizens about the rate
change to the Trash, Recycling & Compost Programs that will begin on April 22, 2019. He stated
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City Council Meeting Minutes
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on April 24, 2019 the city is hosting an annual Progress in Print event celebrating community
development and the use of funds. He spoke about Smart Cycling classes for adults. He stated
information can be viewed on the City of Fayetteville website.
City Attorney Kit Williams stated the legislature had adjourned and there were a number of fairly
dangerous bills proposed. He thanked Mayor Jordan, Don Marr, Susan Norton, and Tim Nyander
for talking to the legislature and for being somewhat successful.
Council Member Turk thanked them for their efforts at the legislature.
City Council -Agenda Session Presentations:
Agenda Session Presentation: City Plan 2030 Update (Survey Results)
City Council Tour: None
Ad'our meat: 7:44 p.m.
r
Lioneld Jordan- ayor Sondra E. Smith, City Clerk Treasurer
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov