City Council Recap: Jan. 17, 2017

File photo

On the agenda

  • The annual state of the city address.
  • Presentation of the Martin Luther King Brotherhood Award.
  • Creating two new zoning districts.
  • Discussion of a preliminary plat at Park Meadows.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Jan. 17, 2017 inside room 219 of City Hall, located at 113 W. Mountain St. 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: Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sarah Bunch, John La Tour
Asbent: Adella Gray, Justin Tennant, Alan Long

» View current attendance records

City Council Meeting Presentations, Reports and Discussion Items

1. City Board of Health Appointment Confirmation – Presented by Alderman Mark Kinion
Pass 5-0

2. Martin Luther King Brotherhood Award Presentation – Presented to Bonnie Bollinger by City Attorney Kit Williams

3. State of the City Address (Details) – Presented by Mayor Lioneld Jordan

From Jordan’s address:

My friends, for the past 8 years, I have happily reported to you that the state of our city is sound. This year, I want to go a step further and let you know that due to the City of Fayetteville’s economic prosperity, smart growth, ability to continue new infrastructure projects, and the increasing diversity of our people and workforce, the state of our city is strong, stronger than it has ever been before.

» Read the full address


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

1. Approval of the Jan. 3, 2017 City Council Meeting Minutes
Pass 5-0

City Attorney Kit Williams (right) presents the city’s annual Martin Luther King Brotherhood Award to Bonnie Bollinger, an administrative assistant in the mayor’s office.

Photo: Todd Gill, Fayetteville Flyer

2. Creamer Pilot Services Lease Agreement (Details): A resolution to approve a lease agreement with Creamer Pilot Services, LLC for 276 square feet of office space in the Airport Terminal Building in the amount of $253.00 per month through the end of 2017, after which time the lease shall automatically renew on a month-to-month basis.
Pass 5-0

3. Garver, LLC Task Order No. 7 (Details): A resolution to approve Task Order No. 7 with Garver, LLC in the amount of $49,800.00 for preparation of a preliminary engineering report for the Taxiway B Widening and Rehabilitation Project, to express the city’s willingness to utilize federal aviation administration funds for the project, and to approve a budget adjustment.
Pass 5-0

4. JL Bryson, Inc. Change Order No. 2 (Details): A resolution to approve Change Order No. 2 to the contract with JL Bryson, Inc. in the amount of $23,276.00 for additional structural concrete associated with installation of the BlueInGreen Ozone Disinfection System at the Noland Wastewater Treatment Plant, and to approve a budget adjustment.
Pass 5-0

Unfinished Business

1. Amend Chapters 160, 161, 162, 164, 166, 167, and 169 (Details): An ordinance to amend Chapters 160, 161, 162, 164, 166, 167, and 169 of the Unified Development Code to create two new zoning districts: Residential Intermediate – Urban and Neighborhood Services – General and new use unit 12 b. General Business and to make further changes to incorporate these amendments into the Unified Development Code.
Pass 5-0

Notes: Jeremy Pate, the city’s development services director, said these changes were brought forward by city staff to allow greater flexibility in medium-intensity commercial and medium-intensity urban residential development. He said over the past year, planning staff have received feedback from developers, commissioners and aldermen that the current zoning districts need to be broadened to provide sufficient flexibility to adequately pursue the goals laid out in City Plan 2030, particularly with regards to the pursuit of appropriate infill and traditional town form. The Planning Commission voted 9-0 to recommend approval on Nov. 28, 2016.

2. Preliminary Plat 16-5642 (Park Meadows) Grant Appeal (Details): A resolution to grant the appeal of City Council member Adella Gray and to deny Preliminary Plat 16-5642 (Park Meadows) because such development would create or compound a dangerous traffic condition in violation of § 166.02 (c)(2) (a)(iv) of the Unified Development Code.
Pass 5-0

Notes: The subject property is located at the southeast corner of Huntsville Road and Morningside Drive, and extends south to 15th Street. The proposal is to develop the site into a 290-lot residential subdivision.

The Planning Commission originally approved the project 6-3 on Nov. 28, 2016 after two hours of discussion. Alderwoman Adella Gray sponsored the appeal of that decision after hearing from numerous residents who are concerned that the new development will cause dangerous traffic conditions in the area.

Development Services Director Jeremy Pate said after receiving the results of a traffic study (PDF), planning staff recommend that the applicants extend the turn lane on Huntsville Road and continue bicycle and sidewalk improvements on the Huntsville Road frontage property. Applicant representative Jesse Fulcher earlier this month agreed to Pate’s suggestions.

Residents who spoke on Jan. 3 said further traffic analysis is needed before the project moves forward. Some advocated for more infrastructure improvements, including a four-way stop at McClinton and Morningside and/or a stoplight at Huntsville and Morningside, while others expressed concerns about the displacement of wildlife that would occur once the property is developed.

City staff said that the expected traffic counts do not warrant a traffic signal at Huntsville and Morningside, but that the typical protocol is to measure the traffic following the completion of developments to ensure that the actual counts don’t exceed the projected counts. Chris Brown, city engineer, said on Jan. 3 if a signal is ultimately warranted, it would take about six months to get it installed, and would cost $100,000-$150,000 depending on who performed the work.

The council that night voted 4-1 (Petty voted against) to amend the resolution to read that the project is approved with the recommended staff changes (extended turning lane, bicycling and sidewalk improvements).

Alderman Petty the amendment gave him hesitation, calling it “highly unusual” because the new language essentially makes it impossible to deny the project. Since a vote in support would approve the project (with the added changes) and a vote against would also approve the project (but without the added changes), there is no way to deny the project now that the item has been amended.

The council tonight amended the item (5-0) to add an exhibit presented tonight that shows the applicant’s agreement to construct a trail along the south side of the road.

Petty said although he had reservations about the process to approve the Jan. 3 amendment, he believes with the added agreements from the developer, the city is now in a better situation than when the project was first approved.

Alderman La Tour left the meeting before the vote, which required five affirmative votes to be approved. Mayor Jordan exercised his right to cast a vote and voted yes.

Quick Summary: Although this appeal was approved, the subdivision is also approved, but with additional improvements not previously required of the applicant.

New Business



– Residents can place live Christmas trees on the curb for collection during their regular trash collection day during the month of January.


This meeting was adjourned at 6:48 p.m.