HomeMy WebLinkAbout2019-12-17 - 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 Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
December 17, 2019
City Council Meeting Minutes
December 17, 2019
Page 1 of 34
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 December 17, 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, Sarah Marsh, Mark Kinion, Matthew Petty,
Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City
Attorney Kit Williams, City Clerk Kara Paxton, Deputy City Clerk Lisa Branson, Staff,
Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations Reports, and Discussion Items:
Nominating Committee Report
Council Member Bunch presented the Nominating Committee report and recommended the
appointments as submitted.
Council Member Marsh spoke about some concerns she had regarding the Planning Commission
Nominee. She stated in looking at the nominee that is proposed, they seem to be one of the less
qualified applicants. She requested a Council Member on the Nominating Committee to explain
the rationale for nominating the individual.
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City Council Meeting Minutes
December 17, 2019
Page 2 of 34
Council Member Turk: We have not had any Ward 4 representation. Mr. Garlock has a
tremendous amount of experience and we need a more ward diversification of the Planning
Commission. He was the only Ward 4 applicant, there were no other Ward 4 members on the
Planning Commission.
Council Member Marsh: We are lacking in women on the Planning Commission. We had many
women apply that were incredibly well qualified. How does the location of their residence weigh-
in, in -terms of the relativity of their experience level?
Council Member Turk stated we need diverse backgrounds and experience to represent citizens
on the Planning Commission. She spoke about Mr. Garlock's experience and that he is only being
appointed to a 3 -month term. She spoke about how rapidly Ward 4 is growing and that the city
needs someone to speak up for the Ward 4 interests.
Council Member Marsh: I will not be supporting the nominations. I don't believe a
pharmaceutical rep qualifies someone for Planning Commission when we have engineers,
architects, transportation specialists, urban foresters, and other such applicants that would also
improve our diversity on the Planning Commission.
Council Member Bunch: This was a 3 to 1 decision with the majority of our Nominating
Committee supporting this applicant. I present this as it was proposed. The term is only a few
months. If we do not feel that it is being filled properly should this applicant decide to reapply, we
have the option of looking at it again in 3 months. I support the nomination.
A copy of the report is attached.
Council Member Bunch moved to approve the Nominating Committee Report. Council
Member Turk seconded the motion. Upon roll call the motion passed 5-3. Council Members
Smith, Gutierrez, Kinion, Bunch, and Turk voting yes. Council Members Marsh, Petty, and
Scroggin voting no.
Agenda Additions: None
Consent:
Approval of the November 14, 2019 Special City Council Meeting Minutes and November 19,
2019 City Council Meeting Minutes.
Approved
Bid #20-01 Time Striping, Inc.: A resolution to award Bid #20-01 and authorize the purchase of
reflectorized paint markings from Time Striping, Inc. in variable amounts and for varying unit
prices as needed through the end of 2020.
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City Council Meeting Minutes
December 17, 2019
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Resolution 288 -19 as recorded in the office of the City Clerk
Bid #20-02 Sweetser Construction, Inc.: A resolution to award Bid #20-02 and authorize the
purchase of curb and gutter construction from Sweetser construction, Inc. In variable amounts and
for varying unit prices as needed through the end of 2020.
Resolution 289-19 as recorded in the office of the City Clerk
Bid #20-04 APAC-Central, Inc.: A resolution to award Bid #20-04 and authorize the purchase
of concrete from APAC-Central, Inc. as primary supplier in variable amounts and to authorize the
use of other bidders based on price and availability as needed through the end of 2020.
Resolution 290-19 as recorded in the office of the City Clerk
Bid #20-05 Hunt -Rogers Materials: A resolution to award Bid #20-05 and authorize the purchase
of aggregate materials from Hunt -Rogers Materials, LLC as primary supplier and to authorize the
use of other bidders based on price and availability as needed through the end of 2020.
Resolution 291-19 as recorded in the office of the City Clerk
Bid #20-07 Les Rogers, Inc.: A resolution to award Bid 420-07 and authorize the purchase of
hillside gravel from Les Rogers, Inc. in variable amounts and for varying unit prices as needed
through the end of 2020.
Resolution 292-19 as recorded in the office of the City Clerk
Bid #20-08 Ferguson Waterworks: A resolution to award Bid #20-08 and authorize the purchase
of plastic drainage pipe from Ferguson Waterworks in variable amounts and for varying unit prices
as needed through the end of 2020.
Resolution 293-19 as recorded in the office of the City Clerk
Bid #20-09 Scurlock Industries: A resolution to award Bid #20-09 and authorize the purchase of
concrete drainage pipe from Scurlock Industries as a primary supplier in variable amounts as
needed through the end of 2020.
Resolution 294-19 as recorded in the office of the City Clerk
Bid #20-10 Les Rogers, Inc.: A resolution to award Bid #20-10 and authorize the purchase of
screened topsoil from Les Rogers, Inc. As needed through the end of 2020.
Resolution 295-19 as recorded in the office of the City Clerk
Bid #20-11 Retaining Wall Blocks: A resolution to award Bid #20-11 and authorize the purchase
of retaining wall blocks for varying unit prices from various vendors, based on individual job
design, specification and cost evaluation, as needed through the end of 2020.
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City Council Meeting Minutes
December 17, 2019
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Resolution 296-19 as recorded in the office of the City Clerk
Bid #20-12 Hutchens Construction Company LLC: A resolution to award Bid #20-12 and
authorize the purchase of high-performance cold mix asphalt from Hutchens Construction
Company, LLC as needed through the end of 2020.
Resolution 297-19 as recorded in the office of the City Clerk
Bid #20-14 Tree Grates and Frames: A resolution to award Bid #20-14 and authorize the
purchase of tree grates from Neenah Foundry Company as primary supplier and the purchase of
tree frames from Ferguson Waterworks as primary supplier and to authorize the use of other
bidders based on price and availability as needed through the end of 2020.
Resolution 298-19 as recorded in the office of the City Clerk
Bid #20-17 Geveko Markings, Inc.: A resolution to award Bid #20-17 and authorize the purchase
of preformed thermoplastic pavement markings from Geveko Markings, Inc. in variable amounts
and for varying unit prices as needed through the end of 2020.
Resolution 299-19 as recorded in the office of the City Clerk
Osher Lifelong Learning Institute: 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 from January 1,
2020 through December 31, 2020, in the amount of $25.00 for each day the space is used.
Resolution 300-19 as recorded in the office of the City Clerk
2019 Federal and State Forfeitures: A resolution to approve a budget adjustment in the total
amount of $60,783.00 recognizing revenue associated with federal and state law enforcement
forfeitures and reimbursement payments from the United States Department of Homeland
Security.
Resolution 301-19 as recorded in the office of the City Clerk
Police Department Donations: A resolution to approve a budget adjustment in the total amount
of $3,850.00 recognizing donation revenue to the Fayetteville Police Department.
Resolution 302-19 as recorded in the office of the City Clerk
Bonfire Interactive, Ltd.: A resolution to authorize a one-year contract with Bonfire Interactive,
Ltd. for electronic bidding software in the amount of $19,000.00 with automatic renewals for up
to four additional one-year terms in the amount of $15,000.00 per year with an annual maintenance
increase of no more than 3%, and to approve an annual project contingency in the amount of
$2,000.00.
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City Council Meeting Minutes
December 17, 2019
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Resolution 303-19 as recorded in the office of the City Clerk
Arkansas Department of Transportation: A resolution to authorize Mayor Jordan to convey a
967 square foot temporary construction easement along Highway 16 to the Arkansas Department
of Transportation for the Highway 16 (South School to Armstrong) Project.
Resolution 304-19 as recorded in the office of the City Clerk
2019 Boston Mountain Recycling Grant: A resolution to authorize acceptance of a 2019
Arkansas Department of Environmental Quality Grant through the Boston Mountain Solid Waste
District in the amount of $8,000.00 for the purchase of recycling dollies, and to approve a budget
adjustment.
Resolution 305-19 as recorded in the office of the City Clerk
Technology International, Inc.: A resolution to award Bid #19-55 and authorize the purchase of
a clarifier scum pump from Technology International, Inc. in the amount of $20,931.00 plus
applicable taxes and freight charges for the Noland Wastewater Treatment Facility, and to approve
a budget adjustment.
Resolution 306-19 as recorded in the office of the City Clerk
Arkansas One -Call System, Inc.: A resolution to approve the purchase of utility locating services
for 2020 from Arkansas One -Call System, Inc. in an amount not to exceed $30,000.00.
Resolution 307-19 as recorded in the office of the City Clerk
Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member
Smith seconded the motion. Upon roll call the motion passed unanimously.
Unfinished Business:
RZN 19-6853 (1278 w. Hendrix St./Fugitt): An ordinance to rezone that property described in
rezoning petition RZN 19-6853 for approximately 0.51 acres located at 1278 West Hendrix Street
from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8
units per acre. At the November 19, 2019 City Council Meeting this item was left on the first reading. At
the December 3, 2019 City Council Meeting this item was left on the second reading.
Council Member Petty 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 unanimously.
City Attorney Kit Williams read the ordinance.
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Garner Stoll: I don't have anything new to add. I draw your attention to the comparison chart
that compares the existing zoning to the requested zoning that is in response to Council Member
Smith's question. I would be happy to answer any questions.
Bill Fugitt, Applicant at 1275 East Oaks Manor Drive stated the plan is to build additional single-
family units right there. We want to keep the facade of the neighborhood. We are not planning on
doing any multi -family units.
Council Member Petty: During our last meeting, I asked you a couple of questions about what
your recommendation might be if the clerking error on the adjacent parcel wasn't clouding the
issue. That zone is more intense than the zone that is proposed. You said that staff hadn't had a
conversation about it, but that you might have it in the meantime. I wanted to put the question to
you again. If that clerking error on the adjacent parcel hadn't occurred in the past, do you think
staff s recommendation would be on this application?
Garner Stoll: I did have a chance to discuss it with planning staff. We looked at the
Comprehensive Plan policies about infill compatibility. It is our view we would recommend
approval of the RSF-8.
Council Member Smith: Garner thank you for the table here. The comparison is helpful, but
I'm hoping you can walk us through the math here or I'll attempt to walk through my interpretation
of it and you can tell me if I got anything that I have missed. By land area we get one possible
number of dwellings. But there are other limiting factors like the street frontage at 105 feet. It
looks like it is either a one or a two-family dwelling. This is practically limited to one lot. As a
RSF-8 it is practically limited to two lots in either case. Is that my interpretation?
Garner Stoll: As permitted uses, yes.
Council Member Smith: When you compare the land areas you get a potential of four lots under
the RSF-8, but the street frontage is what stops it at two even then, right?
Garner Stoll: Yes.
Council Member Smith: There was a lot of concern on our tour about the cluster housing use
unit and how that would potentially double the units that could be there. There is a footnote on
your table that says it does not account for tree preservation, parking areas, common open spaces,
and other space limitations. What would the considerations be if this were to come up as a cluster
housing conditional use? What flexibility would tree preservation have?
Garner Stoll: Cluster housing would bring into play real storm water requirements and tree
preservation requirements. If the applicant chooses to request a conditional use permit for cluster
housing, the city's requirements would be required. That is in the cluster housing ordinance. The
cluster housing ordinance also has open space requirements that are designed to prevent repetitive
architectural style on the cluster housing and quite a few other requirements. It is a permitted use
in the mobile family districts, but it is a conditional use in the single-family districts.
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Council Member Smith: Under the permitted use RSF-8, they would be limited to two lots by
street frontage and they would be deep lots then? Is there a feasible way that the back part of the
lot could be opened for the full four houses?
Garner Stoll: If the applicant chooses to simply do a lot split, then one option the applicant would
have available is to build two single-family houses fronting the street and two ADUs. That would
be the simplest solution for that particular property. There are other options that could be
considered also.
Council Member Smith: I am trying to figure out what is practical and what is not, as far as the
theoretical limits here. We have an eight -dwelling possibility under the cluster housing. That
doesn't seem like that is the likely real max. Could you put a different number on that which takes
into account the tree preservation and storm water requirements or is that too far down the road?
Garner Stoll stated probably too far. He stated he had already talk to the planning staff. He stated
the Planning staff had reviewed maximizing that space even though it is theoretically in the
ordinance.
Council Member Smith: Thank you. That makes me feel a little better about the potential impact
not being as great as it looks on paper.
Mayor Jordan spoke about taking public comment.
Andrew Marks, 1745 Osage Bend: I own several properties along Hendrix St., Maxwell,
Stephens, Carter, Addington, Lawson, and Holly. While I am a property owner over there, I do see
that we need increased density there. We need mature adults in that area. I met you one time before
on Hendrix St. when we had a big flood over there. I want to be apart of the solution. I will give
property easement from Stephens all the way to Garland for that flood area if needed. We do have
a big flood area on that north side of Hendrix. While his lot is a little over a half of an acre, he is
going to be operating on a very small property back there. To end up with four houses on that
property, parking is going to be similar to what you have just off Garland where cars park right in
front of the No Parking signs. RSF-4 that is in place now is very appropriate. He could do a lot
spilt and have two properties there. He could have parking in the back and a yard in the front. He
could have a reasonable situation there. I am against RSF-8 and hope you will consider my
comments to vote no for the approval of this.
Council Member Marsh: I would like to get some clarification from staff. The last commenter
said the applicant could apply to subdivide that lot and put two houses. Am I correct in
understanding that this would not be allowed under RSF-4?
Garner Stoll: Yes, that is correct.
Peter Tonnessen, Ward 3 stated he objects to the city's continued assault on RSF-4 and single-
family homes. Peter went on to talk about the survey the city completed and what citizens want
and think is important. He expressed his concerns that the survey questions were very disturbing
and got a very small response. He stated they should vote against this infill.
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Terri Phelan: I have a house on North Maxwell. Infill can be accomplished without this rezoning.
I am against this rezoning and I hope you listen to the wishes of the residents.
Janet Lancaster, 1226 South Maxwell Drive spoke about how safe the neighborhood has always
been. She is afraid the trees will be removed. She did not want to see anything that would come
in to create more taxes.
Frank Scheide stated he lives at 437 West Louise St. and he lived at 1447 Mount Comfort Rd. for
30 years and he still owns this property. He stated this property is in a neighborhood where there
is a sense of community.
Joy Richards, 1673 North Stephens stated it's a good neighborhood and they all know each other.
She stated infill is good, but overfill is not. She stated leave it like it is.
Ryan Craig, Citizen stated he is a little bit west of town. He thanked Council for their work.
Mayor Jordan: Thank you.
Zola Moon, 1242 South Maxwell. She stated she would appreciate Councils consideration for it
to stay RSF-4 and stay with the goals up on the wall.
Elizabeth Garrett stated she has two properties on South Maxwell Dr. She explained that the
neighborhood has worked hard to come together to communicate what their desires are for the
neighborhood. She talked about the individual in her neighborhood that owns properties and stated
this individual spoke to the Council earlier in the evening and expressed his desire to work with
the city. She feels that RSF-8 is overfill and it does not belong in that neighborhood. She stated
that because of this potential rezoning she is finding it difficult to invest in her property.
Council Member Smith: I would like to ask the last two speakers a question. At our tour we
talked a lot about what you thought would be appropriate infill and acceptable number of houses
on the land. We also looked at the tree line in that area. I don't want to repeat that for you because
it has been awhile since we spoke. What did we all decide what you all thought was a maximum
level of infill out there?
Zola Moon: Staying at RSF-4 and having a conditional use permit for cluster homes of 3 or 4.
Council Member Smith: Thank you.
Mayor Jordan: We are on the 3`d and final reading. Are there any final comments from Council?
Council Member Kinion: This is in my ward and I have walked it for many campaigns. I know
the area well. There is a real concern about the management of stormwater right now, especially
on this lot. If you were at the tour, we were basically wading in mud. The more rooftops we have
the more impact this is going to have on the surrounding properties. This is a low property, if it is
going to be developed at a high density, it is going to be elevated. If it is going to be elevated then
it pushes the water off on the neighboring properties. The water doesn't just disappear. I was
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elected to represent the people who live in this neighborhood and I want them to know that I hear
what they are saying. I respect neighborhood preservation. This neighborhood is historical and
has a deep heritage in our city. It deserves just as much respect as any neighborhood such as
Washington Willow or Wilson Park. I am glad the neighbors came out to voice their concern. The
neighbors that talked to us were very rational. They understand the plans we have for the city.
They are willing to work to be sure those are met. I agree with them that this is overfill, not infill.
I will not be voting for the rezone.
Council Member Marsh: I will be supporting this rezone. This is exactly the type of general
density we need to be encouraging in our community, where they are looking to introduce one
more single-family home. Keep in mind this neighborhood is within walking distance of many
goods and services, as well as our largest employer. The alternative develop scenario for this,
assuming the developer is not able to divide the land cost between the two new proposed structures.
The alternative would be to build one larger home that they could rent by the room. This is what
we are seeing in a lot of other neighborhoods. Changing the density from RSF-4 to RSF-8 will
not change the degree of tree protection or stormwater protection that is required of this property.
This is a good opportunity for us to introduce more places to live near where people work, shop
and recreate.
Council Member Scroggin stated Council Member Marsh had hit several of the points he was
going to bring up. He went on to restate what Council Member Marsh had previously said about
supporting this rezone. He stated he would be supporting the rezone.
Council Member Smith: I am sitting on the fence on this one. I am comforted by the math on
the RSF-8 that it would not be the catastrophe that the neighbors fear it would be. On the other
hand, we have heard a reasonable proposal that the neighbors would support that accomplishes a
lot of the densification that we are asking for. That is the cluster housing use under the existing
zoning. I would love to see this pursued that way. I am not sure if we have had much use of our
cluster housing use yet. This seems like a prime candidate for it. The lack of tree preservation in
single-family is a problem and I understand that we won't increase or decrease that preservation
by changing the zoning. But by encouraging it to go through the cluster housing process where
that does trigger. I wonder if there is an opportunity there to still get the density that I think the
neighbors would appreciate and encourage the use that saves the trees that are back there. If we
had better tree preservation in the single-family use this wouldn't be a question for me. I would
support the zoning. But in this one I am very tempted to play the odds that the best development
for this is that the developer would take an alternate path. I am leaning toward no.
Council Member Kinion: I just want to point out that we do have an ordinance against more than
three individuals living in a single-family home. I would not encourage anyone to build a single-
family home and rent out five bedrooms to different people. When we passed cluster housing, here
at City Council, and added that as a choice to the way we can build here in the city, I think this is
an ideal property for that if it was managed correctly. The good thing about cluster housing is it
would have to be a variance and it would have to be approved. There would be the management
of the stormwater and there would be the management of the property to be sure that it was
appropriately engineered. I would like to look at this to see if it meets the City Plan and as well
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as accommodate those needs of the current neighbors in that neighborhood. If we would look at a
compromise that way and understand it, we could see how everyone could benefit.
Council Member Scroggin: I did miss one point that is kind of separate from this rezone. I think
cluster housing being able to double the density is making this conversation very hard. Should we
zone based on everything going to bring the appropriate density or without cluster? I can tell it is
concerning for the residents in the area. This is not something that is going to go away. I would
love to be able to say this is the number of houses, but we have to vote on two different numbers
under different circumstances. I hope we can fix that. The lower density is the one that does not
have the protection is also an issue.
Council Member Gutierrez: On the tour it had not rained recently, and we were literally sinking
in the backyard. There are water issues that are happening here. That is because there is a lot of
density already nearby. Including next door, which got there by an accident. We need to talk
about a balance of density and then the RSF-4. Listen to the neighbors, it is their neighborhood. I
do want to see a variety of housing, a variety of lots, and a variety of zonings in a neighborhood.
I think we are achieving that already. By maintaining RSF-4 we are getting a balance. I am not
supporting the rezone.
Council Member Bunch: It would be appropriate to rezone because it is close to the University.
It is close to our only public transportation. It is close to I49. People don't have to have a car if
they don't want too. It is in an area that should be affordable for more people than some areas of
town. I understand and I hear the discussion with the neighborhood. I went on the tour and my
issue that concerns me are first and foremost the tree canopy. We really can't look at that in RSF-
4 or RSF-8 or any of the single-family zoning, it's not covered there. I also have concerns about
the drainage. It had not rained in a couple days and we were sinking in the backyard. It was wet
when it maybe shouldn't have been. Stormwater runoff is an issue for me. I don't know how I am
going to vote on this one. It is something I don't take lightly. I try to do the best I can and weigh
it out.
Council Member Petty: Under the current zoning, if there is a building permit filed to build a
single-family house across the entire site, is there anything that is preventing them from doing
that? Such as prohibition about cutting down those trees in the backyard or prohibition against
installing more impervious surface?
Garner Stoll: No.
Council Member Petty stated he is going to vote yes. He stated it is for reasons of practicality
based on the answer to the question he just asked. He spoke about zoning changes that have
happened. He stated this is a proposal for a single-family zone and not a proposal for high density
and it has been characterized as something else. He went on to talk about the fact that he did not
see much difference between RSF-4 and RSF-8. He stated the addition of one or three extra family
single homes isn't going to change the neighborhood and talked about when rezoning is
appropriate.
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Council Member Kinion stated when it was revealed the property was improperly zoned next to
this, there was a promise made by the city not to come in and make that error again to the
neighborhood. He spoke about the character of the neighborhood, density, and affordable housing.
He said there are a lot of social factors that go into homelessness and it cannot make it so simple
to say that higher density is going to solve that problem. He would not support the change of
zoning.
Council Member Turk: This neighborhood is very stable and has long term residents. They
deserve a lot of consideration. This rezoning creates a domino effect. We have seen this in South
Fayetteville where there has been new zoning and higher density. I am going to vote against this.
We need to ensure neighborhood integrity, listen to our neighbors, and listen to these citizens.
Council Member Scroggin stated he has a Master's degree in Economics. He explained that
increased supply is not causing the increase in price. He talked about the increased number of
people wanting to move here. He explained if we had not increased supply then prices would have
gone up more than they have. He wants to increase supply at an appropriate rate so that it will
keep prices steady.
Council Member Marsh pulled up Zillow for a point of reference and stated the approximate
value of that property is at $143,000. She talked about the price of renovations and the cost of
building a new home there. She talked about how to bring the costs down to about $75,000 and
being more efficient with the land use. She stated that the math says if we want more affordable
or attainable housing then we need to be more efficient with our land use.
Council Member Smith talked about how spot zoning isn't solving the issue. He went on to say
he wants the city to pull up a larger map so zoning is created that is cohesive to the neighborhoods
needs instead of one block at a time. He said he understands that is difficult administratively and
over the years he has come to accept that. He doesn't think changing this to RSF-8 is going to
create a disaster. He thinks by right zoning there is a minimal change.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3.
Council Members Smith, Marsh, Petty, Scroggin, and Bunch voting yes. Council Members
Gutierrez, Kinion, and Turk voting no.
Ordinance 6268 as Recorded in the office of the City Clerk
ADM 19-6649 (City Plan 2040): A resolution to approve and adopt City Plan 2040 as the
Comprehensive Land Use Plan for the City of Fayetteville and its planning area, and to approve
and adopt the Future Land Use Map, the Master Street Plan, and the Active Transportation Plan
Map. At the December 3, 2019 City Council Meeting this item was tabled to the December 17,
2019 City Council Meeting.
Jonathan Curth, Senior Planner stated after the December 3rd meeting, staff received feedback
on the draft City Plan document. He feels like there were a lot of areas where staff was able to
improve the plan. He went on to present the plan and asked for additional feedback. He then gave
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his presentation and went over the feedback he had already received since the December 3rd
meeting.
Council Member Kinion: This was a lot of information for me to put together. All in one we
are talking about the 2040 Plan, the Future Land Use Map Plan, the Master Street Plan, and the
Active Transportation Plan. I don't know how many amendments, but it feels like a million if you
are just thumbing through it. Can you tell me on the Land Use Map what exactly the bottom line
is here that we are voting on?
Jonathan Curth: Staff is recommending, at its base, the Planning Commission recommended
one of three alternatives that were proposed. Alternative one, which is effectively our current
Future Land Use Map with revisions made in terms of city boundaries. However, staff is
recommending an amendment to that to include two minor revisions to the piece of property at
Porter and Dean where the City has proposing some city facilities in Lewis Park in addition some
areas to the northwest. We are recommending in addition to the Planning Commission
recommendation an amendment to include some additional changes.
Garner Stoll: We had prepared three alternative Land Use Maps. We did it on purpose to
encourage broad thinking about how much territory and under what conditions the City Council
may entertain annexation. It bracketed almost taking in the entire planning area all the way back
to the most conservative one, which is in the plan right now, plus the planning between what kind
of reflected the 2025 Plan. The 2025 Plan anticipated annexing more land than the 2030 Plan.
The reason for that is the 2030 Plan was severely cut back because of the economic conditions
during that time period. Now that we are passed those economic conditions, we are recommending
we stay with our conservative scenario with additional territory to the northwest where we know
we have utility capacity. We have a 40 -inch sewer line, we are building around the Mayor's box.
We have already extended utilities into unincorporated territories in this area. We have areas in
between where we extend the utilities that are wanting to come in. We think it is acceptable to
accept the Planning Commission's recommendation with some modest amendments. The action
step is that Council should look at our annexation policies in a more comprehensive manner. This
is a minor adjustment to the 2030 Plan. Perhaps we can develop some additional zoning tools
beyond what we have now.
Council Member Kinion thanked Garner for his answer. He went on to talk about the changes to
the plan. He requested to know what is the big change they are going to have in the Master Street
Plan?
Jonathan Curth stated the biggest change is we are going from a set of 12 to 20 street sections
and compressing that into 5 or 6. He stated with the goal that those 5 or 6 have degrees of flexibility
based on the context of where they are being applied. He went on to talk about what is appropriate
in the different sections.
Council Member Kinion: In looking at that from a regular point of view, we have tried to make
it less objective and more defined, right? But we have more flexibility. Does that not add more
confusion? More subjective or more defined?
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Jonathan Curth: That is hard to answer as one or the other. The idea is to allow greater flexibility
just based on the neighborhood. Right now, it's very objective, but very context insensitive. We
are proposing 4 or 5 lane streets through areas where that is absolutely inappropriate.
Council Member Kinion: I don't see how this is going to resolve all of that. I understand where
you are coming from. The work you have put into it has been incredible and I certainly appreciate
that. To vote on all of this in one resolution is tough. I wish it had been separated. I could make
amendments to it, but then it would just linger, and I don't want to do that. I have not decided how
I am going to vote yet.
Council Member Marsh: I appreciate all the work staff has done to respond to our comments.
Like Mark, I am overwhelmed by the amount of information. I hope to table this for a month.
There is not an urgency to pass this right now. I would be happy to pass the Master Street Plan
and the Active Transportation Plan tonight. We made a mistake in bundling too much information
in this item.
Council Member Scroggin expressed his interest in dividing the agenda item up. He stated he
would vote to table because he didn't feel comfortable voting for all of this.
Council Member Smith stated he wanted to echo everyone's thanks for the work staff has put
into this and the responsiveness to comments. He stated he sent staff a document full of
suggestions. He explained he would not be opposed to dividing it up on voting on them separately.
However, in their current state, he was in favor of all of them. He talked about the annexation and
that he did not agree with the way the county manages some of the outlining perimeter. He went
on to talk about the trails and the revisions. He talked about the growth concept map versus infill
scoring map.
Council Member Bunch: I hope we table this because we are just slammed with information at
the end of the year. It is very hard for us to go through everything.
Council Member Kinion spoke about tabling the item for one month.
There was a brief discussion about tabling procedures.
Council Member Petty: I won't be able to support a motion to table the entire thing. It is
important to get the Master Street Plan passed. There are development applications that are coming
through as we speak. The right of way that is required to be dedicated will be impacted by the
Master Street Plan. It is a much better Master Street Plan with much better requirements.
Mayor Jordan: The motion to table has been removed until I take some public comment.
Peter Tonnessen, Ward 3 spoke about the 2040 Plan and infill. He stated Council Member Petty
should recuse himself from the discussion due to his personal business.
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Dot Neely, Ward 3, Fayetteville Natural Heritage Association spoke about the enduring green
network and ecosystem preservation. She spoke about invasive plant removal city wide and in the
Brooks -Hummel Preserve.
Jennifer Ogle, Fayetteville Natural Heritage Association President stated her opposition to putting
multi -use trails through Brooks -Hummel Preserve. She spoke about nature preserve definitions.
She stated an ecological assessment should be conducted before any trail activities are done. She
requested a meeting with the Mayor.
Mayor Jordan: We will set up a meeting.
Erin Killeen, 2358 Ferguson stated she is in favor of the trail in the Brooks -Hummel area. She
spoke about needing better access.
Mike Morisette,1606 Jordan Lane stated building the trail will do more good than harm. He spoke
about reducing personal automobile usage. He spoke about it being preserved as a nature park, not
an untouched preserve.
Hugh Kincaid, 520 East Lakeridge Drive and Parks & Recreation Advisory Board Member. He
spoke about a donor list and the legacy in trying to achieve a nature park. He spoke about
preserving Brooks -Hummel in its present condition as a nature park. He spoke about an easement.
Jeff Meullenet 1271 East Lakeridge Drive spoke about finding an alternate route to the proposed
trail. He spoke about taking exception to Council Member Petty's statement on global warming.
Melissa Terry, 701 Southwood Avenue, representing the Housing Authority Board. She invited
City Council to the Housing Authority Board meetings. She spoke about the Housing Authority
owning 22 acres of property. She spoke about setting ambitious goals for housing. She spoke about
infill.
Eric Boles, Ward 2 spoke in favor of the trail corridor through Brooks -Hummel Preserve. He
stated trails are about community and connectivity. He stated topography plays a role in the design
development of the trail plan.
Lynn Spellman, 1219 West Lakeridge stated having a bicycle transportation route through
Brooks -Hummel is a mistake.
Paxton Roberts, 411 West Holly Street and Executive Director of Bike NWA spoke about it being
critical to get more east and west connections. He spoke about opportunities to identify options to
go through the Brooks -Hummel preserve, but maintain the integrity.
Angela Belford, Fayetteville Housing Authority Executive Director spoke about wanting to be
able to get updated amendments to view before attending City Council meetings.
Mayor Jordan: Isn't there some place for them to find the amendments?
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Garner Stoll: They are under Appendix A on the 2040 agenda item. The amendments and the
staff's explanation can be found there. They were posted last week.
City Attorney Kit Williams stated he has resisted of ever breaking up a resolution. He stated he
was surprised when this all came through at once because in the past he doesn't think it did that.
He stated if the City Council wanted to do that, they could break the resolution up and Council
wouldn't have to be looking at such a big mass of information. He spoke about the options
available to City Council in separating the resolution. He spoke about parliamentary procedure.
Council Member Scroggin thanked Bike NWA for attending the meeting. He spoke about talking
to residents around Brooks -Hummel preserve about alternatives. He stated he drove the
alternatives and did not bike them. He stated he would be scared to bike the alternatives given and
doesn't believe they are realistic options. He stated they have to make sure there is connectivity.
He spoke about climate change. He stated he believes they can preserve Brooks -Hummel even
better than it has been. He spoke about multi -use trails available. He spoke about Brooks -Hummel
needing to be more open to citizens. He spoke about sampling methods and statistics.
Council Member Smith: The Master Street Plan is one that we have development coming through
and would it be immediately impacted?
Jonathan Curth: Yes. Council has already seen several items that are in limbo between plans.
Council Member Smith: Is the Active Transportation Plan in the similar situation?
Jonathan Curth stated yes that there is a preliminary plat being proposed on Markham, west of
campus. He spoke about the connections.
Council Member Smith: That is something in the proposed plan, that's not in the currently
adopted plan?
Jonathan Curth: Correct.
Council Member Smith: Regarding the Future Land Use Map, are there rezoning decisions that
would be impacted by that?
Jonathan Curth: Not active ones.
Garner Stoll: We have been in discussions with applicants that are developing annexation
requirements. I saw a letter to the County Judge asking for de -annexation. That is an active
application that is coming.
Council Member Smith: All three of those items have current or pending business that policy
changes proposed would have an impact on.
Council Member Kinion spoke about how much work has been given to Council to review. He
spoke about needing more time to make a responsible decision.
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Council Member Turk thanked staff for their work, for listening to concerns and making
adjustments. She spoke about the overload of work. She spoke in favor of breaking the resolution
up into separate resolutions. She spoke about statistics and sampling.
Council Member Marsh spoke about the amount of information. She stated she would feel
comfortable voting to approve the Active Transportation Master Plan and the Master Street Plan
at tonight's meeting. She spoke about needing to make Brooks -Hummel more available to the
public.
Council Member Gutierrez stated her preference would be to divide it into four resolutions.
There was a brief discussion about dividing the 2040 City Plan resolution into four separate
resolutions to be able to view the information more easily at two separate City Council meetings.
Council Member Kinion made a motion to table the City Plan 2040 into four separate
resolutions. The Active Transportation Plan Map and the Master Street Plan will be heard
at the January 7, 2020 City Council meeting. The Comprehensive Land Use Plan and Future
Land Use Map will be heard at the January 21, 2020 City Council meeting. Council Member
Scroggin seconded the motion. Upon roll the motion passed unanimously.
This resolution was Tabled to the January 7, 2020 and January 21, 2020 City Council meetings.
ADM 19-6652 (71B Corridor Plan): A resolution to approve a work program to implement the
71 B Corridor Plan. At the December 3, 2019 City Council meeting this item was tabled to the December
17, 2019 City Council meeting.
Andrew Garner, City Planning Director gave a brief description of the resolution. He requested
Council to approve the resolution.
Council Member Marsh: Andrew, thank you for your work on this. Regarding our compliance
with the Energy Action Plan, how will we measure success?
Garner Stoll: The Energy Action Plan has measurable metrics.
Council Member Marsh: I would like to see those included in this narrative to have connectivity
between the plans. Who is responsible for selecting or curating the art and how will that process
be managed?
Andrew Garner stated part of the plan would be including place making and looking at designs
of public infrastructure. He stated as they assemble the teams to work on improvements, they will
have to include those type of professionals to help curate the art that's needed.
Garner Stoll: We have an Arts Council that provides citizen input, as well as staff.
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Council Member Marsh spoke about the Fayetteville Arts Council responsibilities. She wants an
assurance that the art isn't going to be selected by Engineers and instead will be curated by people
with expertise in Arts and Culture.
Andrew Garner: We will get the experts involved. We will get the Arts Council involved to
review it and approve it.
Council Member Turk stated she likes that the Energy Action Plan goals are being included. She
stated being able to track progress is important. She spoke about wanting low impact development
included.
Council Member Marsh: I would like to see us determine land area that we would need to
designate for green infrastructure and the locations of those to be identified. I would like to see
that preemptively and leverage our new stormwater utility to fund and make those things happen.
Chris Brown, City Engineer: That is beyond the scope of this planning study. There is a lot of
engineering involved and a lot of study that has to be done. The consultants work was not scoped
to do that. We can as we get into the design and identify those areas. As development occurs, the
LID is a requirement of the project and would be included in every project the developer would be
required to do.
Council Member Marsh: I strongly advocated for the inclusion of LID infrastructure planning to
be part of this contract scope. I don't know if it was or was not included, but it should have been.
We are proposing miles and miles of pavement. We already have a stormwater issue. Preliminary
reviews suggest we are going to be making improvements to the situation. We need to take a more
aggressive role in managing that and this is the time to be planning for those corridor scale
facilities.
Garner Stoll: The plan doesn't propose miles and miles of pavement. The plan proposes reducing
width to the south and maintaining curb width to the north. The biggest focus of the plan is to use
the surface parking lots to attract redevelopment so we can apply our stormwater management
requirements and require water retention, as well as our quality standards. If we get them
redeveloped, we can improve them.
Chris Brown: The plan talks about low impact development and identifies potential areas for
green infrastructure. Throughout the plan along the entire corridor, what it does not do is provide
that level of specificity you asked for. I think that is the next step. As we get into the design, we
will be able to identify those areas.
Council Member Kinion: The stormwater management utility is not going to be the holy grail of
managing all our stormwater. We must be up front as we are building and designing to manage the
stormwater. It will be helpful and we will have to set priorities. The total cost of managing
stormwater in this city will not be generated by the plan. Stormwater management has to be
included as we are looking at this plan and low impact development too.
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Council Member Marsh spoke about neighborhood scale solutions along the corridor. She spoke
about looking for more opportunities to be synergistic. She spoke about creating public spaces and
beautification areas. She spoke about stormwater issues.
Council Member Petty stated the plan is ready and does what it is intended to do. He stated this
answers a lot of questions and desires the community has had about 71B for decades. He spoke
about this being a plan that's going to get trees and sidewalks on the corridor. He spoke about the
transportation system network. He stated if Council will approve this, staff can get to work with
the first phase of the bond issue and the money that came from the state with the jurisdictional
transfer.
Angela Belford, Fayetteville Housing Authority requested for information and wording to be
changed on the plan that pertains to the Housing Authority. She stated she would like for it to say,
Fayetteville Housing Authority and not 71B Corporation. She wants it to say, address
homelessness, not Transitional Village at Seven Hills.
Andrew Garner stated he was fine with the changes requested by Angela Belford.
Council Member Petty: I would like for us to approve the resolution with amendments detailed
in Exhibit A and with the addition of amendments to the attainable housing category so that it's
consistent with other changes made to reference Fayetteville Housing Authority.
Council Member Smith spoke about a plan not being finished until the project is done. He stated
it is a long-term project and they will always be revising the way they treat 71B. He suggested
they should start revising the way they refer to it and call it College Avenue, Archibald Yell, and
South School.
Council Member Scroggin stated 71 B is talked about a lot, but he doesn't want the same mistakes
made on Crossover Road.
Council Member Marsh spoke about renaming Archibald Yell.
Council Member Petty moved to approve the resolution with amendments detailed in Exhibit
A and with the addition of amendments to the attainable housing category so that it's
consistent with other changes made to reference Fayetteville Housing Authority. Council
Member Smith seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 308-19 as recorded in the office of the City Clerk
New Business:
Asphalt Materials: An ordinance to waive the requirements of formal competitive bidding during
calendar year 2020 for the purchase of asphalt materials for use by the Transportation Division but
to require informal quarterly bids or quotes.
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City Attorney Kit Williams read the ordinance.
Terry Gulley, Transportation 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 unanimously.
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 Turk seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6269 as Recorded in the office of the City Clerk
JCI Industries, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount
of $21,890.00 plus applicable taxes and freight charges from JCI, Industries, Inc. for the repair of
two anoxic mixer gearboxes for 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 Committee recommended unanimously to forward it to the City Council for approval.
Council Member Gutierrez moved to suspend the rules and go to the second reading. Council
Member Scroggin seconded the motion. Upon roll call the motion passed unanimously.
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 Scroggin seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6270 as Recorded in the office of the City Clerk
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RZN 19-6914 (429 E. MLK Blvd./Espinoza): An ordinance to rezone that property described in
rezoning petition RZN 19-6914 for approximately 0.24 acres located at 429 East Martin Luther
King, Jr. Boulevard from NC, Neighborhood Conservation 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 stated
staff and Planning Commission recommended approval.
Matt Grilt, Applicant stated he is going to remove the existing dwelling and put two single-family
homes.
Council Member Scroggin: Could they not put two single-family dwellings currently?
Garner Stoll: No. It would require a minimum of 40 feet.
Council Member Turk: Where is the closest RI -U? Right now, all I see is NC and RMF -12. I am
worried about spot zoning.
Garner Stoll: There is no RI -U in the immediate vicinity, but as Council is aware, Neighborhood
Conservation was developed and then RI- U was developed subsequently. For this area, Council
has frequently used RI -U interchangeably with Neighborhood Conservation. NC requires wider
lots, conditional use for duplexes, triplexes and fourplexes, while the RI -U allows those uses by -
right. It is all residential.
Council Member Marsh: Across the street is Downtown General. This is on the Mayor's box
around the city. This is where we are supposed to be encouraging infill, density, and mixed-use
development. We have sidewalk improvements planned for the neighborhood north of Wood
Avenue and will be able to connect into our Active Transportation network easily. I have received
no negative feedback from the neighborhood. This is consistent with the other existing
neighborhood that is approved for development.
Council Member Kinion: I understand the reason for the rezoning, but this is more spot zoning
and it troubles me.
Council Member Scroggin: Is Downtown General and RI -U both form -based?
Garner Stoll: Yes.
Council Member Scroggin: Which one has the lower intensity?
Garner Stoll: RI -U.
Council Member Scroggin: When we are looking at spot zones, it may not have the exact same
name, but it has lower intensity and they are both form -based on the other side of the street.
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Council Member Gutierrez: It is a main corridor. With MLK being there, having a little bit more
intense zoning would be appropriate for that very busy corridor.
Council Member Gutierrez moved to suspend the rules and go to the second reading. Council
Member Scroggin seconded the motion. Upon roll call the motion passed unanimously.
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 Scroggin seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6271 as Recorded in the office of the City Clerk
Seven Hills Homeless Center: An ordinance to waive the requirements of formal competitive
bidding and approve a contract with Seven Hills Homeless Center in the amount of $113,400.00
for services to homeless and needy residents in Fayetteville in 2020.
City Attorney Kit Williams read the ordinance.
Paul Becker, Chief Financial Officer gave a brief description of the ordinance.
Angela Belford, Fayetteville Housing Authority thanked Council for the continued support. She
spoke about the critical work that Seven Hills does.
Council Member Marsh moved to suspend the rules and go to the second reading. Council
Member Smith seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin thanked Seven Hills and the city for their support. He spoke about
homeless shelters giving people a leg -up. He stated the services provided are important to get
people back on their feet and into a rental.
Council Member Marsh 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
unanimously.
City Attorney Kit Williams read the ordinance.
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Mayor Jordan thanked Council for their support.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6272 as Recorded in the office of the City Clerk
Cultural Arts Corridor Project: A resolution to express the City Council's intent to consider all
three potential replacement parking sites as part of the Cultural Arts Corridor Project, and to
encourage the city to seek opportunities to provide additional benefits including housing, arts
production facilities, and other uses that further the city's expressed priorities.
Council Member Smith gave a brief description of the resolution. He stated this is the first public
meeting on the topic. He spoke about a step being skipped. He stated the community deserves to
be involved before spending their money. He spoke about building a public place for the entire
city. He stated this was about arts, economic development, nature preservation, public place
making, performance space, and stormwater management. He stated there were a lot of different
priorities in the project, but now they've taken that multi prong long term vision and made it about
parking. He stated amending the bond language that tied his hands to the parking is now one of
the votes he regrets most during his time on Council. He stated he wished it hadn't been so
intricately entwined into the Arts Corridor. He stated people need active spaces, compact walkable
environments, livable transportation, a healthy dose of nature, and housing. He stated it feels like
their replacement parking conversation has been reduced to a minimum compliance model, instead
of living up to the aspirational visions sold to voters. He spoke about the Nadine Baum Studio. He
stated he would not support any plan that jeopardized the future of the Community Creative Center.
He wants Council to think about the future potential of each option and what might be lost as an
alternative when they choose to build a parking deck. He stated while parking decks may not be
permanent, they are very long-term commitments to land use. He stated he hoped this could be an
opportunity for them to zoom out and take an inventory of all the public lands in the area and make
sure they are employing them to their maximum use and benefit for the public.
Council Member Marsh thanked Council Member Smith for bringing the item forward. She
stated this is an issue they have not had the appropriate venue to discuss. She stated there have
been decisions made without the consultation of the City Council. She stated it's important to
acknowledge that the Cultural Arts Corridor wasn't funded with a TIF District. She stated it was
funded with a Sales Tax Bond and it doesn't just belong to the Dickson Street Merchants
Association, Walton Arts Center, and the Walton Family Foundation. She stated it belongs to the
entire city and citizens deserve representation. She spoke about it serving the full spectrum of
people and cultures. She spoke about attainable housing and the Fayetteville Housing Authority
Board. She stated the Nadine Baum Center lot is the only potential parking deck location that has
the capacity for liner buildings sufficient to provide housing and economic opportunities, as well
as creative spaces. She spoke about the Nadine Baum Center being a significantly underutilized
valuable piece of urban land. She stated FHA wants to partner with the city. She stated this is the
city's opportunity to transform West Avenue into a superbly walkable mixed-use urban
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neighborhood. She spoke about the historic Porter Produce building being underutilized. She spoke
about revitalizing the district and leveraging the opportunity to transform the downtown.
Mayor Jordan: Do you want to discuss both resolutions at the same time?
Council Member Smith stated he would leave that up to the Mayor. He spoke about the
possibilities but is open to amending or starting over. He stated he is not committed to specifics.
He stated his intent is to keep an open conversation.
Mayor Jordan stated he would like to discuss the Cultural Arts Corridor Project resolution and
the Sage Partners, LLC resolution at the same time.
The Cultural Arts Corridor Project resolution and the Sage Partners, LLC resolution were
discussed together at the same time. Both resolutions were tabled until the January 7, 2020 City
Council meeting.
Sage Partners, LLC: A resolution to authorize Mayor Jordan to sign letters of intent with Sage
Partners, LLC, on behalf of Fayetteville Depot, LLC and Farmers & Merchants Bank (f/k/a The
Bank of Fayetteville), for the purchase of approximately 0.6 acres along with necessary permanent
access and temporary construction easements at the northwest corner of West Avenue and Dickson
Street for the construction of a replacement parking deck for the total amount of $350,000.00, the
conveyance of liner building space and approximately 0.2 acres at the north end of the Civic Plaza.
Peter Nierengarten, Environmental Director gave a brief description of the resolution. He spoke
about the three primary elements of the project. He spoke about the timeline and history of the
item. He stated based on the cost to replace the Nadine Baum Studio building and the lack of
University of Arkansas and Walton Arts Center interest in redeveloping this site, Mayor Jordan
and the administration are recommending the elimination of the Nadine Baum Studio as an option
for replacement parking. He stated they believe the Depot lot and the east lot on School Avenue
both appear to be workable options for replacement parking. He stated Mayor Jordan and the
administration are recommending the Depot lot as the preferred and most viable option for
replacement parking. He stated funding for the replacement parking will come from the ten million
dollars allocated in the Cultural Arts Corridor Bond.
Devin Howland, Director of Economic Vitality spoke about redevelopment potential that he
believes is possible on the remainder of the Depot lot adjacent to the proposed parking structure.
He spoke about economic impacts that urban parks have had across the country. He stated the
agreement accomplishes many goals, but by not passing it, he worries it could potentially produce
a different result that it had not intended. He stated Sage Partners is an incredible brokerage firm.
Sterling Hamilton, Sage Partners stated he knows this is a contentious issue because different
interest have different ideas about what needs to be done. He stated as a community, respect needs
to continue to be brought to the process. He stated Sage Partners is bringing forward a plan and
not just on the parking deck, but on the remainder of the site. He stated the plan is to issue a Request
For Proposal that will bring in a consensus base process. He spoke about design continuity, historic
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preservation, and being able to leverage additional private equity funds for the remainder of the
development on the Depot site. He stated he will not agree with anything that doesn't preserve the
historic buildings on the Depot site. He stated he won't agree with anything that doesn't protect
Arsaga's business or anything financially. He spoke about the contract process. He spoke about
the entities involved. He spoke about Mayor Jordan being involved in the process and not having
any self-interest. He stated Mayor Jordan cares about the City of Fayetteville.
Council Member Marsh: Now that we are considering both of these at the same time, we have
shortened public comment opportunities from ten minutes, down to five. What are we going to do
to enable full public comment on both issues?
Mayor Jordan: We will let people take as long as they need tonight. We are going to table it. I
don't plan on trying to push anything through tonight. We have two more weeks. Council Member
Smith presented what he had. I wanted to present what we had. Everybody can now weigh in on
it.
Council Member Smith: I am not looking to act on this tonight.
Mayor Jordan: Council can vote to give people more time to talk.
Council Member Kinion stated this is not at all how he imagined they would do this. He wished
they had separated the items. He stated they got brief information from Council Member Smith
and feels ambushed from administration with a lot of information that he should have received
beforehand. He stated there is a lot of information to consider. He stated he feels uncomfortable
and doesn't know how to move forward without disappointment.
Mayor Jordan: I apologize and that was not my intent. I wanted everyone to have all the
information they could when they weighed in on it.
Council Member Gutierrez stated it feels like this is putting the cart before the horse. She spoke
about not having enough time to digest the information and getting proposals to move forward in
one direction. She wants the public to have enough time for input on the different scenarios. She
spoke about the amount of information received and is in favor of tabling the item.
Council Member Marsh stated this is more of what they have been experiencing on this project,
which is lack of information in a manner they can adequately respond too. She stated they were
ambushed with the parking deck decision when they initially voted on the bond. She regrets voting
for the parking deck, but is moving forward on the commitment. She stated she has not felt good
about the transparency and level of information Council Members are receiving in order to make
a good decision. She spoke of her disappointment about the whole process. She stated $31 million
dollars is at stake and wants better management to be done. She wants more input from the
community.
Council Member Smith: I apologize. When you asked to do both at the same time, I didn't realize
what that would mean. The intent was to be able to take some comment on how we set our
priorities.
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Mayor Jordan spoke about tabling the items to give more time to everyone.
Council Member Scroggin: I am confused about people saying they don't know anything about
this. This was presented at an Agenda Session. I have not heard anything new tonight. It's public
record because Agenda Session is recorded. This was a presentation to us and several of us met
with Peter Nierengarten and talked about it. Some of our comments have now shown up in the
Memorandum of Understanding. We need to spend some more time on this.
Council Member Turk: I tried to talk everybody into delaying this until January because this is
what I was fearful of. The Nadine Baum Studio rest on what the U of A plans to do. If they are not
interested in negotiating about Nadine Baum, then that's a done deal. I hope we aren't going to
spend a lot of time on an issue where we aren't going to have any agreement or an avenue toward
that.
Mayor Jordan stated they started the whole process back in December 2018 before the bond was
ever voted on. He stated he didn't have a lot of options because they were taking all kinds of
whiplash due to the distance. He spoke about a lot of this being talked about in the Budget Session.
He spoke about the history of speaking with the University of Arkansas, Peter Lane at the Walton
Arts Center, Bank of Fayetteville, and others. He spoke about all the information being public. He
stated there is no intent on his part of trying to damage a business, hurt the Housing Authority or
keep something from somebody. He spoke about not ambushing anyone. He stated the money was
approved back in May and there is a time limit of spending it within a three-year period. He stated
he looked at the School Street area to build, but there is not a lot of development potential that will
bring economic dollars. He stated he doesn't have money in reserves, so the $10 million dollars
he has designated for the project has to work. He spoke about feeling boxed in a corner. He stated
if this is shut down, then they will get off track, off schedule, and off budget. He stated he is trying
to do what is best for the City of Fayetteville. He spoke about Melissa Terry from the Housing
Authority wanting to do a housing project.
Melissa Terry, 701 Southwood Avenue, representing the Housing Authority Board. She stated
the reason for the idea of doing a housing project is because the city approached the Housing
Authority. She spoke about their 22 acres and frontline residents being a top priority. She stated
housing is important for everybody, but participating in a not frontline population in the Cultural
Arts Corridor, it's a big lift that doesn't have a strong value proposition for the Housing Authority.
She spoke about the history of meetings with administration at the city about property owned by
the Housing Authority. She spoke about infill and revitalization. She spoke about working together
with the city. She spoke about the Cultural Arts Corridor frequently asked questions section with
affordable housing as her focus.
Council Member Marsh moved to allow an additional ten minutes for the speaker. Council
Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
Melissa Terry stated this has been a big ask of her time in which she thought she was in
collaboration with the city to create opportunities for attainable housing. She spoke about the three
options in the Garver assessment. She stated this had been an evolving conversation.
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Mayor Jordan: I didn't know about it until around October. That is when it was brought to my
attention.
Melissa Terry stated she was sorry that the Mayor's staff didn't inform him better. She stated the
ways the Housing Authority looked at the potential partnership is that they went through all the
existing city plans that were available. She continued to speak about those plans and the options.
She stated a compelling motivator for the Housing Authority to get involved was that the Cultural
Arts Corridor bond says, the Cultural Arts Corridor is a public investment on public land for public
use. She stated it also says, as demonstrated in communities across the world, this type of public
investment also spurs private development on private land. She stated that is what the voters voted
on and what the Housing Authority based their decision around.
There was a brief discussion about the ownership of lands.
Melissa Terry spoke about private developers having public funds available. She spoke about
transparency and regulations.
Mayor Jordan: How do you overcome the $7 to $9 million dollar building replacement?
Melissa Terry: I suggest we all sit at the same table in the same room. We need to come to that
table with a negotiating mindset. For every stitch we made in these conversations, there were
circumstances where those stitches were getting snipped right behind us.
Kendall Curlee, 524 West Prospect spoke about protecting the unique heritage buildings in
Downtown. She spoke about the Nadine Baum deck having numerous possibilities. She stated she
would like for the city to purchase and preserve the train station and Depot.
Sharon Davison, 904 East Rodgers Drive spoke in opposition of the Sage Partners resolution. She
spoke about the leadership of the City of Fayetteville misplacing their priorities. She spoke about
the bond package. She stated the bond election was an "all or none" issue. She spoke about traffic
and parking issues.
City Attorney Kit Williams spoke about the bond package. He stated there were ten questions,
each voted on separately. He stated the only one that had to be passed to pass the other ones was
the first one so they could refund the bonds. He stated it wasn't "all or none".
Steve Clowney, 521 West Adams Street stated this is a bad idea. He stated many of the public
only knew about this through Facebook. He spoke about the leadership in the city. He spoke about
the U of A needing to be a good neighbor.
Rebecca Latourette, Citizen spoke about the good points on both sides of the argument. She
stated parking was talked about early in the discussions. She stated walkability is a concept and a
desire, but it doesn't reflect reality and parking decks are needed.
Kristen Bensinger, Chair of Housing Authority stated in the past 33 years there has been many
changes in the area being discussed. She stated in the same amount of time, all the public housing
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City Council Meeting Minutes
December 17, 2019
Page 27 of 34
available at that point is sadly and exactly what they have today. She spoke about advocacy for
public housing. She spoke about transparency and strategic goals.
Council Member Kinion: What is it specifically you are asking us to do? We want to be a partner,
right?
Kristen Bensinger: Sure.
Council Member Kinion: We want to look at affordable housing and be able to accept vouchers
in housing?
Kristen Bensinger: We are asking that the Nadine Baum possibility be considered.
Council Member Kinion: Could it happen with the east parking lot location?
Kristen Bensinger: If you are talking about the one that is the proposal for number 6, then no.
Council Member Kinion: Okay. It was getting a little vague.
Mayor Jordan: We looked at that site and about the only thing we could get there was just a deck.
Chaim Goodman -Strauss, 524 West Prospect spoke about the mysterious way this has come
about. He stated it's alarming that a team has been in place without any public hint of what the
options are and what the priorities have been. He spoke about entities coming together to
collaborate on innovative ways to move forward..
Cary Arsaga, 917 West Cato Springs Road stated he owns Arsaga's at the Depot and does not
believe it is a good place to put in a parking deck. He stated he doesn't want his lease to be bought
out. He stated if you put a deck on the east lot, the Depot lot is still going to be developed. He
stated they are subsidizing the developer to put a parking deck on this property. He spoke about a
parking deck and construction causing problems at his business.
Council Member Smith moved to allow an additional five minutes for the speaker. Council
Member Turk seconded the motion. Upon roll call the motion passed unanimously.
Cary Arsaga spoke about his concern for his staff. He stated the Depot lot is going to be developed
one way or the other, but it shouldn't be the prime reason that location is chosen.
There was a brief discussion about what a developer said.
Cary Arsaga spoke about not subsidizing developers. He spoke about putting a lot of money into
his building.
Council Member Smith: If a developer developed the lot, even if a parking deck wasn't put there,
what do you think the impact of that would be on your business?
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City Council Meeting Minutes
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Cary Arsaga: Who knows. I was aware that in two years the property could be developed. I have
a buy-out clause.
Council Member Smith: Would you be interested or able to buy your building so that it was not
wrapped up in other people's ownership?
Cary Arsaga: I was interested in buying it in the very beginning before I put all the money into
it. It would depend on what the price is. I would like to own the Depot.
Andrea Fournet, 1214 North Shady Lane stated there is a big no around Nadine Baum, but
believes it could become a maybe or yes. She stated she does not like public money being used to
incorporate with private developers. She spoke about walkability and diversity.
Peter Tonnessen, Ward 3 stated that multi-level parking by the Depot and Arsaga's would be
terrible. He stated he doesn't understand confusing the issue of affordable housing with an Arts
and Culture Corridor. He suggested to Council to reconsider every option for how to do this.
Ezra Breashears, Housing Authority Resident Representative stated Mayor Jordan and staff have
gotten a little bit ahead of their constituents. He thanked Mayor Jordan and Council for their work.
Charley Alison, 317 East Sutton Street stated he wants Council to consider using the existing
parking lot. He spoke about a fourth space to be considered.
Will Dockery, 4149 West Bradstreet: Do all 290 parking spots have to be in the exact same lot?
Peter Nierengarten: No, they don't have to be the same location. We looked at separating into
multiple locations. When you begin to break the parking up, you lose economies of scale and price
per space goes up.
Will Dockery: Why can the east lot only have a liner building that is 12 feet deep and is essentially
as deep as my closet?
Peter Nierengarten: That's all the space there is on that lot once you allocate the space that is
necessary for parking and drive aisles. There is only about 15 to 20 feet physically left on the site
for a liner building of that size.
Will Dockery: A parking space is approximately 22.5 feet deep? Could we take away one of those
parking spots?
Peter Nierengarten: You could, but you begin losing economies of scale.
Will Dockery: We could build a taller building.
Peter Nierengarten: We are working under a $10 million -dollar budget allocated with the
Cultural Arts Corridor bond. It is an attempt to try and fit all of that within the $10 million
allocated.
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Will Dockery: FHA is wanting to partner with the city. There is a potential to do some other
creative things. If we build the deck at the Depot lot, can it be repurposed into a multi facility in
the future? Will the south side of the Depot lot be available to be built on? We keep talking about
people getting Downtown, but eventually cars can't get nearly many people Downtown as buses
and trains. Are we stuck with a parking lot for 40 years?
Peter Nierengarten stated one of the advantages identified with the Depot lot is the ability to
build it with flat floor plates, which allows for more flexibility. He spoke about Alliance
Transportation's ten-year Mobility Study through the Northwest Arkansas Regional Planning
Commission.
Will Dockery spoke about accessibility and potential development.
Angela Belford, 4734 Mayes Drive spoke about her family history. She spoke about Fayetteville's
history and future. She spoke about building something that will demonstrate appropriate infill and
revitalization as the highest priority. She spoke about attainable housing.
Evelyn Rios, Vice Chair of the Fayetteville Housing Authority Board stated she is disappointed
with the process and believes it has not been a public process. She spoke about the city not
presenting anything in writing from the U of A ruling out the Nadine Baum site. She spoke about
the FHA having more financial tools available than are available to a for-profit developer. She
spoke about affordable housing.
Mitch Weigel, Downtown Properties stated Council should start to whittle down their choices. He
spoke about the East Street lot, Nadine Baum Studio, and Depot lot. He stated if the city can't
develop a space because they don't own it, they should eliminate it. He requested to know about
the timeframe of the bond.
Mayor Jordan: I've got about three years. We've got to get the design of the deck done and that
will take some time. There is a timeline to everything we looked at.
Peter Nierengarten: We have three years from the date the bonds were issued. We have to have
85% of the $20 million allocated at the three-year mark.
Mitch Weigel: The clock is ticking. I've heard criticisms of the city about developing things
behind the scenes. Well, that is why we hired you and that is what you are there for. You are there
to do the backlog work and look at all the options. Before the next meeting I encourage you to
eliminate some of the plan and eliminate a site. We need to move forward.
Mike Johnson, 324 North Olive and University of Arkansas Associate Vice Chancellor of
Facilities complimented Mayor Jordan, staff, and Council. He spoke about information being
available on the City of Fayetteville website. He stated the information has been available for
months and years as the whole thing has developed and none of it should be a surprise. He stated
the U of A and city co-own the land that the Walton Arts Center sits on and WAC has a 2039 lease
expiration on all the property. He stated the U of A leases the former Theatre Squared facility and
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Nadine Baum. He spoke about the projects the U of A is currently working on. He spoke about
staying focused on the 2040 Plan. He spoke about timelines. He spoke about attainable housing.
Council Member Kinion and Mike Johnson had a brief discussion about the City of Fayetteville
and University of Arkansas cooperating.
Council Member Kinion: We could be more cooperative.
Mike Johnson: We cooperate every day.
Council Member Kinion: We need to cooperate in looking at possibilities. It seems divisive.
Mike Johnson: I don't know why you see things divisive. The city, university, and Town & Gown
continue to work and talk with the community.
Council Member Smith spoke about affordable housing. He requested to know what the
university's role is in the long-term plan to address housing for U of A staff.
Mike Johnson spoke about his efforts to get workers' salaries raised. He stated they continue to
work with the city, community, Housing Authority, and the homeless.
Council Member Smith: I don't always see those actions supporting those words. Do you know
how many houses the university has bought and knocked down on South Cline behind the
Technology Park?
Mike Johnson: About eight or nine properties. We broke ground on a research building that will
go up in that area.
Council Member Smith: It was a neighborhood where several university employees used to live.
Do you know how many units are in the apartment on Maple that was recently purchased for a
new sorority building?
Mike Johnson: No, I wasn't involved in the real estate actions for that piece.
Council Member Smith: How many houses did we lose to the university's development on South
Clinton Stadium through the expansion? The university is buying up affordable housing and
developing it. I don't blame them for that because they have growth and facility needs, but the
housing being lost to university expansion is affordable housing for university employees. I would
like to see the university a little more willing to at least consider an option when one is made
available where we can participate together in replacing a little bit of that.
Mike Johnson: Starting in 2004, we developed a land use boundary around the perimeter of
campus because we were sprawling. We have not gone beyond those boundaries in 15 years. We
are looking at graduate student and marriage student housing opportunities. A number of those
houses could have been condemned. They were in very bad condition with things such as asbestos.
We have been very open and worked with the community.
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Council Member Smith spoke about being years behind on meeting housing demands. He stated
there are individual structures that are dilapidated. He spoke about neighborhood character.
There was a brief discussion about city and university representatives speaking to each other and
what each person said.
Mike Johnson stated the Walton Arts Center and U of A are always open to conversation.
Council Member Smith stated it hasn't felt that way in this conversation. He spoke about not
being able to have open communications. He requested to know if this is a speed bump or a
mountain that is insurmountable.
Mike Johnson: Nothing is insurmountable.
Barb Putman, Executive Director of the Community Creative Center stated the center is a hands-
on studio arts organization. She spoke about growth. She stated Nadine Baum Studios is not a
viable option or place for a parking deck.
Council Member Kinion stated the East lot may not be the most beautiful and flexible, but it
seems to be the least controversial. He stated the city's commitment in the bond was to build a
parking deck with close vicinity to the Walton Arts Center.
Ava Arsaga, 1824 South Garland stated her concerns about Arsaga's business not being the same
if it is behind a parking deck.
Bob Stafford, 527 South Sherman stated his appreciation for tabling the item to give more time
to the public to review. He stated he doesn't think it was done in good faith. He spoke about the
East lot maybe being the best option. He spoke about creative problem solving.
Simone Cottrell, 521 Spruce Street spoke about being a theatre artist. She spoke about affordable
housing.
Steve Clark, 438 East Fairway Drive and Chamber of Commerce President stated the issue of the
creation of an Arts Corridor and replacement parking is not new to the business community. He
stated the complications are not new to the business community. He spoke about his meetings with
Mayor Jordan and their conversations focusing on the Arts Corridor and getting it completed. He
stated the language in the bond proposal the voters adopted was convoluted, but the Arts Corridor
is going to get built. He spoke about the parking deck proposed locations. He stated if replacement
parking isn't built, then the Corridor won't be able to be completed. He spoke about moving the
item forward.
Ryan Craig, Citizen stated School Avenue has been irrevocably changed by the parking deck that
is already there and adding another parking deck across from it wouldn't change the character of
the street.
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Council Member Marsh: Who directed staff to write this grant? Who determined the project
boundary and the scope of this project?
Peter Nierengarten: We worked as a team in the Sustainability Department to develop the project
boundary under guidance and direction from the Mayor's office. It was in consultation with the
City Council on multiple occasions to apply for and accept the grant.
Council Member Marsh: I didn't see the application until we were presented with the resolution
to apply for the grant. I knew nothing about this project until that came forward and we were
offered all this matching money, which made it difficult to say no. From an Arts and Culture
perspective, who advised us and made the determination we had to use this specific boundary?
Susan Norton, Communications & Marketing Director stated the first project in the Design
Excellence Grant process was TheatreSquared. She stated the first item that came before Council
was a resolution of intent to instruct the city's staff to begin development. She spoke about senior
staff, Don Marr, Sustainability Department and the Mayor working on the application based on
the Arts District that was previously defined. She stated this came from the original Downtown
Master Plan that developed the parameters of the Arts District. She stated this was the culmination
of a continuous process that's been underway for quite some time. She stated the Design
Excellence Grants were available to the city in order to make the vison come true.
Mayor Jordan: We had money available and we applied.
Council Member Marsh: Who determined the project boundary and scope?
Susan Norton stated the project boundary was defined as late as 2007. She stated the Downtown
Master Plan defined an Arts District and that was the boundary chosen for the application. She
stated she did not work for the city in 2007 and other staff may need to further the discussion with
Council Member Marsh.
Council Member Marsh: In 2007 it defines an Entertainment District, but does not refer to this
Plaza or define any type of project boundary. I wish there was more Council engagement earlier
in the process.
Mayor Jordan: What would you have preferred we do?
Council Member Marsh: I wish we had been invited about the grant application. We should have
had a conversation before we were presented with a resolution to adopt.
Mayor Jordan: We bring you a resolution. Staff makes a presentation and you ask questions about
the resolution.
Council Member Marsh: Did it go through the Arts Council?
Mayor Jordan: It didn't, as far as I know. We do this all the time.
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Susan Norton: I believe we have discussed this in the past. The purpose of the Arts Council was
not to weigh in on the Design Excellence Grant. The purpose of the Arts Council is to help with
the placement of public art.
Council Member Marsh spoke about the Arts Council role. She spoke about her dissatisfaction
with the land swap and $9 million replacement cost.
Council Member Smith invited Angela Belford to the podium. He requested her to speak about
a housing project, expectation of success, and transitional issues of the existing use to the final
product.
Angela Belford spoke about how she manages projects. She spoke about her plans and concerns.
She spoke about working together.
Mayor Jordan spoke about the timeline. He spoke about not wanting to keep anybody from doing
anything. He stated he doesn't have any issues with the Housing Authority and wants to work with
them.
Council Member Turk spoke about tabling the item.
Council Member Marsh invited Melissa Terry to the podium.
Melissa Terry spoke about everyone having a part to play and working together.
Mayor Jordan: When we got the Fire Station, we bought property?
Paul Becker: Yes.
Mayor Jordan: When we bought it, it became public property?
Paul Becker: Yes.
Mayor Jordan: It is not unusual for us to take public money and buy private property.
Paul Becker: We can do that as long as we own it after the transaction.
There was a brief discussion about land swaps, public, and private land.
Council Member Turk made a motion to table the resolution to the January 7, 2020 City
Council meeting. Council Member Petty seconded the motion. Upon roll the motion passed
unanimously.
This resolution was Tabled to the January 7, 2020 City Council meeting.
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December 17, 2019
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Announcements: None
City Council Agenda Session Presentations: None
City Council Tour: None
Ad'❑ menta :26AM
Lione d , M or ara Paxton, City Clerk Treasurer
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
Chair
Sarah Bunch
Council Member
Ward 3 Position 2
Vice Chair
Mark Kinion
Council Member
Ward 2 Position 1
Nominating Committee Report
December 11 & 12, 2019
Sonia Gutierrez
Council Member
Ward 1 Position 1
Teresa Turk
Council Member
Ward 4 Position 1
Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk
The Nominating Committee recommends the following candidates for appointment:
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
Kenton Ford Laughlin — One Bicycle Advocate term ending 12/31/21
Nathan Eikenberry — One term ending 12/31/21
AIRPORT BOARD
David Hopper — One Pilot term ending 12/31/24
ANIMAL SERVICES ADVISORY BOARD
No Applicant — One unexpired Licensed Veterinarian/Veterinary Professional term ending
06/30/22
AUDIT COMMITTEE
Charles JF Leflar — One term ending 12/31/22
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
No Applicant — One unexpired term ending 03/31/24
ENERGY IMPROVEMENT DISTRICT NO. 1
Anthony Miletus Callahan-Barile — One term ending 12/31/21
Josh Carson — One term ending 12/31/21
No Applicant — One term ending 12/31/21
ENVIRONMENTAL ACTION COMMITTEE
Lincoln Combs — One Community Citizen at Large term ending 12/31//22
HOUSING AUTHORITY BOARD OF COMMISSIONERS
Melissa Terry — One term ending 12/28/24
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
PARKS AND RECREATION ADVISORY BOARD
Shay Hopper — One term ending 12/31/22
Hugh Kincaid — One term ending 12/31/22
Stephen Sheely — One term ending 12/31/22
PEG ADVISORY BOARD
No Applicant — One unexpired term ending 06/30/21
No Applicant — One unexpired term ending 06/30/22
PLANNING COMMISISON
Jimm Garlock — One unexpired term ending 03/31/20
URBAN FORESTRY ADVISORY BOARD
No Applicant — One Land Development term ending 12/31/21
Eric Boles — One University Representative term ending 12/31/21
Will Dockery — One Community Citizen at Large term ending 12/31/21
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov