City Council recap: July 7, 2015

On the agenda

  • Payment for a traffic signal in front of Whole Foods on College Avenue.
  • Rezoning 16 acres along Huntsville Road.
  • Rezoning 17 acres at Van Asche Drive and Steele Boulevard.
  • A ban on leaving animals in hot vehicles.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, July 7, 2015 inside room 219 of the City Administration Building, located at 113 W. Mountain Street in Fayetteville.

Listed below are the items up for approval and links to downloadable PDFs for more information on each item of business.

Roll Call

Present: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, John La Tour, Alan Long
Absent: Martin Schoppmeyer

Reports & Presentations

1. Advertising and Promotion Commission Appointment (PDF)Recommends Robert Rhoads
Pass 7-0


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

1. Approval of the June 16, 2015 City Council meeting minutes.
Pass 7-0

2. RFP #15-05 Challenger Teamwear (PDF): A resolution to award RFP #15-05 and authorize a contract with Challenger Teamwear for the purchase of youth soccer uniforms in the amount of $12.15 plus tax per uniform for the fall 2015 and spring 2016 seasons, with an option to renew for the fall 2016 and spring 2017 seasons.
Pass 7-0

3. Hazmat Services Revenue (PDF): A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $1,726.00 and increasing the related expense budget.
Pass 7-0

4. Fayetteville Police Department Policies (PDF): A resolution to approve Fayetteville Police Department policies 22.2.8 Military Activations, 22.3 Secondary Employment, 41.1.1 Patrol, and 61.4.3 Towed Vehicles.
Pass 7-0

5. Tri Star Contractors, LLC (PDF): A resolution to award Bid No. 15-35 and authorize a contract with Tri Star Contractors, LLC in the amount of $252,500.00 for construction services for the Airport Terminal Apron Rehabilitation Project, to approve change order No. 1 to the contract with Tri Star Contractors, LLC in the amount of $197,500.00 to increase certain quantities of concrete repair, to approve a 5% project contingency, to accept a 90/10 grant from the Arkansas Department of Aeronautics in the amount of $470,700.00, and to approve a budget adjustment.
Pass 7-0

6. McClelland Consulting Engineers, Inc. Agreement No. 1 (PDF): A resolution to approve supplemental agreement No. 1 to the contract with McClelland Consulting Engineers, Inc. in the amount of $164,480.71 for additional engineering services associated with the rehabilitation of the historic Maple Street and Lafayette Street bridges, and to approve a budget adjustment.
Pass 7-0

7. Watershed Conservation Resource Center Task Order No. 3 (PDF): A resolution to approve task order No. 3 with the Watershed Conservation Resource Center for the design and construction of a stream restoration project on an unnamed tributary of Cato Springs Branch near the southern boundary of the Regional Park and for a feasibility analysis of the removal of an existing dam on the West Fork of the White River.
Pass 7-0

8. College Marketplace (Fayetteville), LLC (PDF): A resolution to authorize a contract with College Marketplace (Fayetteville), LLC in the amount of $186,202.50 for payment of the costs associated with the installation of a traffic signal at College Avenue and Masonic Drive, and to approve a budget adjustment.
Pass 7-0

Unfinished Business

1. RZN 15-5044 (4065 E. Huntsville Rd./The Plaza) (PDF): An ordinance rezoning that property described in rezoning petition RZN 15-5044, for approximately 16.02 acres, located at 4065 E. Huntsville Road from R-PZD 08-3071, Residential Planned Zoning District Bridgedale Plaza to RSF-7, Residential Single-Family, 7 units per acre, NS, Neighborhood Services, and CS, Community Services.
Tabled until July 21

Notes: Council members Marsh, Kinion, and Petty said they don’t have a problem with the uses allowed in Community Services, but rather the scale that the zoning district allows in an area that already has traffic issues. Marsh and Kinion also cited concerns over recent flooding and overall storm water management.

Alderwoman Gray called the traffic in the area “unbelievable.” She said she can’t support further development until the traffic issues are solved. “The traffic in that area is more than we can ask our citizens to bear,” said Gray.

Alderman La Tour said traffic concerns could be used to halt development in many areas around town. “I don’t view that as a private problem caused by development, but rather a failure of government to properly address traffic problems,” said La Tour.

Alderman Long said he supports the Community Services district, but not Neighborhood Services or RSF-7 Residential Single Family 7 units per acre.

The developer requested the item be tabled for two weeks to allow time to address the council’s concerns.

2. Place Holder: Maple Street & Lafayette Street Bridge Rehab (PDF): A resolution to award a contract in the amount of $x,xxx,xxx.xx to contractor, inc. for the construction of the Maple Street & Lafayette Street bridge rehab, approve a project contingency of $xxx,xxx.xx (5%), and approve a budget adjustment.
Tabled indefinitely

New Business

1. Amend Chapter 92 Animals (PDF): An ordinance to amend Chapter 92 Animals of the Fayetteville City Code to provide protection for animals from being confined in enclosed vehicles in extreme temperatures, to prohibit deceptive acts and misrepresentations regarding the origin of animals turned into the Fayetteville Animal Shelter, and to make other technical revisions.
Pass 6-1

Notes: This item was moved to the beginning of the New Business agenda at the request of Alan Long by a vote of 6-1. Long said there were several city staff present to speak to this issue and he asked to move the item up to allow them to go home earlier. Alderman La Tour voted against the move.

Justine Lentz, Fayetteville’s Animal Services superintendent, said part of this issue was brought about because a puppy was found in a car with an internal temperature between 108 and 112 degrees last year while its owners were in a restaurant eating a sandwich. She said the owners didn’t agree that they shouldn’t have left the animal in the car, so they were issued a citation. A judge eventually sided with the owners, she said, citing the fact that there is no specific language in the Fayetteville city code prohibiting leaving an animal in a hot car.

Amended 7-0 to change the word “destroyed” to “euthanized” in all sections of the ordinance.

The council voted 6-1 (La Tour voted against) to go to the second reading. Aldermen then voted 6-2 (La Tour and Tennant voted against, Jordan voted for) to go to the third and final reading.

La Tour said the public needs more time to digest the possible changes, but Marsh said with 100-degree temperatures expected next week, the time to act is now.

The final vote was 6-1 to approve the changes (La Tour voted against).

2. Evans Construction and Remodeling, LLC (PDF): A resolution to authorize a contract with Evans Construction and Remodeling, LLC in the amount of $24,855.00 for Community Development Block Grant rehabilitation of an eligible residence located at 3295 W. Old Farmington Road.
Pass 6-1

Notes: Alderman La Tour voted against citing a philosophical opposition to spending federal tax dollars on a local level.

3. Webtech Wireless, Inc. (PDF): An ordinance to waive the requirements of formal competitive bidding and approve a thirty six (36) month contract with Webtech Wireless, Inc. for fleet management tracking services in the amount of $50,444.00, plus applicable sales taxes and shipping costs.
Pass 7-0

4. RZN 15-5075 (NE corner Van Asche & Steele Blvds./CMN lots 8 & 14 (PDF): An ordinance rezoning that property described in rezoning petition RZN 15-5075, for approximately 17.70 acres, located at the northeast corner of Van Asche and Steele Blvds. from C-2, Thoroughfare Commercial to C-3, Central Commercial.
Pass 5-2

Notes: The council voted 6-1 (Petty voted against) to go to the second reading, and then 6-2 (Petty and Marsh voted against, Jordan voted for) to go to the third and final reading.

Marsh and Petty said they would prefer the property be rezoned using a form-based district.

Alderman La Tour said there is nothing to lose when making zoning decisions, and that aldermen should allow property owners to zone their land any way they want. Alderman Petty disagreed and said every failed development is a problem the City Council has to eventually clean up.

The final vote was 5-2, with Marsh and Petty voting against.

5. VAC 15-5089 (3215 North Hills Blvd.) (PDF): An ordinance to approve VAC 15-5089 submitted by usi engineers for property located at 3215 North Hills Boulevard to vacate a portion of an existing utility easement.
Pass 7-0


Last week’s postponed Dive-In Movie at the Wilson Park pool has been rescheduled for this Friday, July 10 at dusk.


This meeting was adjourned at 6:52 p.m.