LIVE UPDATES: City Council Recap: March 1, 2016

Coaches and players from the Fayetteville High School football, golf, cross country, and volleyball teams were recognized at tonight’s meeting for their recent state championships.

Staff photo

On the agenda

  • Rezoning the old Razorback Golf Course.
  • Changes to the way some festivals are approved.
  • Consideration of future development on the West Avenue Parking Lot.
  • Rezoning 36 acres on East Huntsville Road.
  • Rezoning 3 acres on West Martin Luther King Jr. Boulevard.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 1, 2016 at the Adams Leadership Center, 1000 W. Bulldog Blvd. (temporary location) in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.

Roll Call

Present: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long
Absent: None

» View current attendance records

Mayor’s Announcements, Proclamations and Recognitions

1. Recognition of the Fayetteville High School State Championships in Football, Golf, Cross Country, and Volleyball – Mayor Lioneld Jordan

City Council Meeting Presentations, Reports and Discussion Items

1. 2015 4th Quarter Financial Report – City Finance Director Paul Becker


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

1. Approval of the Feb. 16, 2016 City Council Meeting Minutes
Pass 8-0

2. Insituform Technologies, Inc. (Details): A resolution to approve a one year contract extension with Insituform Technologies, Inc. in an amount not to exceed $330,000.00 for sewer rehabilitation using cured-in-place sanitary sewer linings.
Pass 8-0

3. Hawg Dwellings, LLC (Details): A resolution pursuant to Fayetteville Code of Ordinances Section 39.10(C)(4) to authorize the mayor to pay the amount of $8,971.91 to Hawg Dwellings, LLC and $7,936.56 to servpro of Fayetteville/Springdale for a wastewater damage claim arising at 902 W. Cleveland Street.
Pass 8-0

4. McClelland Consulting Engineers, Inc. Supplemental Agreement No. 1 (Details): A resolution to approve Supplemental Agreement No. 1 to the contract with McClelland Consulting Engineers, Inc. for additional construction phase services associated with the Old Wire Road Sewer Main Replacement Project which will increase the total amount of the contract from $228,644.00 to an amount not to exceed $250,402.00, and to approve a budget adjustment.
Pass 8-0

5. T-G Excavating, Inc. (Details): A resolution to award Bid #16-19 and authorize a contract with T-G Excavating, Inc. in the amount of $2,373,333.00 for construction services associated with the Old Wire Road Sewer Main Replacement Project, to approve a project contingency in the amount of $237,333.30, and to approve a budget adjustment.
Pass 8-0

Unfinished Business

1. RZN 15-5240 (Razorback Golf Course) (Details): An ordinance to rezone that property described in rezoning petition RZN 15-5240 for approximately 128 acres located at 2514 W. Lori Road from R-A, Residential-Agricultural; RSF-1, Residential Single Family one unit per acre; and RSF-4, Residential Single Family, 4 units per acre to R-A, Residential-Agricultural; RMF-24, Residential Multi-Family, 24 units per acre; NC, Neighborhood Conservation; and NS, Neighborhood Services, subject to a Bill of Assurance.
Fail 0-8

Notes: For a primer, see our original story.

Citizens for Responsible Development, a group of neighbors who oppose the proposed rezoning, tonight delivered to aldermen 689 signatures of residents who are opposed to the ordinance.

One issue the opposition has drawn attention to is the potential for additional flooding problems a new development might cause. Alderwoman Gray asked city staff if there are any development processes that can help with flooding issues. Jeremy Pate, the city’s development services director, said the answer is yes. Retaining ponds and other low-impact development techniques, he said, can help detain and control rain water in areas where runoff is a problem.

Several residents who spoke tonight echoed some of the same concerns brought up by at the previous meeting, including what they said was a lack of infrastructure in place to support the additional proposed capacity of residents to the area.

Others who spoke urged aldermen to consider the environmental impact a large development could have on the adjacent Wilson Springs Preserve wetland, and to consider the Planning Commission’s decision to recommend denial of the proposed RMF-24 rezoning at the south end of the property.

Robert Rhoads, an attorney representing four neighborhood associations, said with traffic already a problem in the area, development at the proposed density can only be considered a mark of incompatibility with the surrounding area.

Alderwoman Gray said she has struggled with her decision because she is usually in favor of Lindsey Management projects. She said in this case, she likely won’t support the rezoning request due to the area’s existing traffic issues and lack of infrastructure.

Alderman Kinion said managing stormwater at the headwaters of Clabber Creek is of high importance. He said if Lindsey could provide a Bill of Assurance that low-impact development techniques would be practiced, he might be more supportive. Without those promises, he said, it would be irresponsible to approve the rezoning request as it stands.

Alderwoman Marsh agreed with Kinion, and said she’d prefer to see a form-based zone used on the south end of the property. She said she hopes the developer comes back with a modified proposal so the area can be developed.

Alderman Tennant said traffic on both sides of Dean Solomon Road is “terrible” and adding the amount of cars that RMF-24 could bring to the neighborhood would be a bad decision. He agreed with Marsh and said he hopes a modified proposal can be brought forward to reach a compromise.

The group voted 7-1 to suspend the rules and move to the third and final reading. Kinion voted against because he said he wanted to give the developer a chance to bring a modified proposal before a final vote was taken.

Alderman Long said he understands Kinion’s intent, but said it was time to wrap up the current proposal and if there were a second option, Lindsey could bring that back at another time.

In the final vote, the group unanimously agreed to deny the request.

Quick Summary: This proposal was denied.

2. Amend § 72.58 Off-Street Parking Facilities; Rules and Rates (Details): An ordinance to amend § 72.58 Off-Street Parking Facilities; Rules and Rates (m) to limit the Mayor’s authority to assign any city-owned paid parking lots or on-street paid parking spaces within the Entertainment District or the closure of city streets for the use of a permitted special event to not more than two (2) days per year without express approval of the City Council.
Tabled until April 5

Notes: For a primer, see our most recent story.

Alderwoman Marsh spoke first, and said the city should be more responsible in its efforts to promote tourism. She questioned whether Bikes, Blues & BBQ, which has grown from a day-and-a-half event to a four-day festival with large crowds is healthy for a city like Fayetteville. She said events should be lower in volume and higher in financial return. Having a public hearing for proposed large events, she said, would ensure proper vetting of the impact the festival could have on the city.

Marsh proposed an amendment to the ordinance that would expand the affected area from the Dickson Street Entertainment District to the entire city. Her proposal includes an exclusion for three longstanding events that have already been granted use of parking spaces and road closures in city code: the Fayetteville Farmers’ Market, Lights of the Ozarks, and First Thursday Fayetteville.

There was no second for Marsh’s amendment.

Arsaga’s owner Cary Arsaga, who first proposed this ordinance, said it was not his intent to stop Bikes, Blues & BBQ. He said he doesn’t want to see a similar event approved in the future that could have the same types of negative effects on some residents and businesses as the annual motorcycle rally. He said if this ordinance had been in place years ago, Bikes, Blues & BBQ might not be as detrimental to his business, which he said sees a 60 percent decline during the week of the event.

He said he and other business owners he’s talked to are willing to take a hit during Bikes, Blues & BBQ if aldermen decide to deny his proposal, but he urged the council to consider allowing a public hearing before approving permits for large, multi-day events.

“I don’t want this ordinance to pass if it’s not good for Fayetteville, but I have yet to hear a compelling reason not to include public input,” Arsaga said.

Alderman Kinion said there is an obvious perception that this ordinance is targeting Bikes, Blues & BBQ. He said if the proposal is taken at face value, then it’s simply a parking and transportation issue (see title above). If that’s the case, he said, then major event applications should be sent to the Transportation Committee with the opportunity to appeal any denial to the full City Council.

After some back and forth between aldermen about other possible amendments, Kinion then suggested sending the ordinance to the Ordinance Review Committee for fine tuning before any decision is made tonight.

Kenneth Morton, chair of the Bikes, Blues, & BBQ board of directors, said time is running out for organizers to wait for a City Council decision before moving forward with plans for this year’s event. He urged aldermen to act quickly in their attempts to craft a new ordinance.

Alderman Petty said the current proposal is a flawed, “catch-all” approach to solving some specific problems people have with large events. He said he hopes the Ordinance Review Committee is able to target and address those specific issues instead of sending all large event applications through the City Council process.

The group voted 7-1 to send the ordinance to the Ordinance Review Committee. Gray voted against and said her reason was because she won’t be here at the March 15 meeting and she wants to be able to cast a final vote. She then asked the council if they’d be willing to table the item until the first meeting in April so she could take part in the final decision. Aldermen then voted 6-2 to delay any final vote until April 5 (Marsh and Petty voted against).

Quick Summary: Instead of voting tonight, aldermen agreed to send the proposal to the Ordinance Review Committee to see if it can be more finely tuned. The committee, which is comprised of four City Council members, will hold a meeting to discuss changes and will likely bring back a revised proposal for consideration by the full council on April 5.

New Business

1. AIT Services, Inc. (Details): An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of spare parts for the thermal drying unit located at the Biosolids Management site from AIT Services, Inc. in the amount of $65,371.50 plus applicable taxes, to approve a project contingency in the amount of $7,174.52, and to waive the requirements of formal competitive bidding for future purchases of parts and repair services through Dec. 31, 2018.
Pass 8-0

2. Laserfiche Document Management System from MCCI, LLC Additional Software User Licenses (Details): An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of additional Laserfiche user licenses, the Laserfiche forms module, annual software maintenance, and future software and service needs through the end of fiscal year 2017 from MCCI, LLC in an amount not to exceed $235,000.00 plus applicable taxes.
Pass 8-0

3. RZN 15-5293 (701 E. Huntsville Rd./Rose Bauer) (Details): An ordinance to rezone that property described in rezoning petition RZN 15-5293 for approximately 36.25 acres located at 701 E. Huntsville Road from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services; NC, Neighborhood Conservation and R-A, Residential-Agricultural and subject to a Bill of Assurance.
Pass 8-0

4. RZN 16-5299 (4170 W. MLK Jr. Blvd./Calypso Properties) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5299 for approximately 3.4 acres located at 4170 W. Martin Luther King Jr. Blvd. from R-O, Residential-Office to UT, Urban Thoroughfare.
Pass 8-0

5. West Avenue Parking Lot – Development Consideration (Details): A resolution to express the City Council’s intent to consider proposals for the development and improvement of the city’s 2.8-acre property at the southwest corner of West Avenue and Dickson Street currently used as the West Avenue Parking Lot.
Pass 6-1

Notes: For a primer, see our original story.

Jeremy Pate, the city’s development services director, gave a brief presentation about the history of the West Avenue Parking Lot property.

Pate said tonight’s proposal is simply a resolution of intent to explore potential projects. It would be up to the full City Council to decide if any developments are approved.

Mayor Jordan said city staff have met with multiple groups who are interested in purchasing all or a portion of the property. He said he wants to make sure that the amount of parking isn’t reduced on the property, so developers will need to take parking counts into consideration when making any formal proposals.

Alderman Petty said he understands the mayor’s concerns about parking capacity, but said he hopes the entire area is considered when counting parking spaces. He said there are some inefficiencies in nearby areas that could be corrected, and in turn, used to mitigate any loss of parking during the development of the West Avenue Parking Lot property. He also said strong consideration should be made to include open space when developming the property to maximize the social value potential that exists on the land.

“With the right buildings and the right open spaces, this area could be every bit as valued as our most cherished landmarks in this city,” Petty said. “It would be a new landmark.”

Bob Nickle, a longtime local commercial real estate agent, said the council should delay its decision to develop the land until the city has a better idea of what impact the new TheatreSquared facility and the expanded Walton Arts Center will have on the area.

The group voted 6-1 to approve the resolution. Alderman La Tour voted against the proposal, but did not say why. Alderman Schoppmeyer was not present during the vote.

Quick Summary: The resolution was approved. The city will begin accepting development proposals. No projects will move forward without future City Council approval.

6. Employee Compensation (Details): A resolution to approve a budget adjustment in the amount of $1,220,000.00 to fund the city-wide 2016 Employee Compensation Adjustment, and to approve a certification pay plan for sworn police personnel.
Pass 7-0

⇒ Current item

Alderman Schoppmeyer was absent during the vote.


– City Attorney Kit Williams said the city today prevailed in the most current round of court challenges to the city’s civil rights ordinance.

– The next City Council meeting will be held at the Washington County Courthouse due to continued construction of the council chambers at City Hall.


This meeting was adjourned at 8:51 p.m.