LIVE UPDATES: City Council Meeting Recap: May 16, 2017

File photo

On the agenda

  • Rezoning 1.79 acres at Crossover Road and Heathstone Drive.
  • Selling about 5 acres of land to a medical marijuana cultivation company.
  • Cost share agreements for sewer and drainage projects.
  • Rezoning 2.62 acres at 2621 E. Mission Boulevard.
  • Rezoning 0.54 acres at 1622 E. Mission Boulevard.
  • Changes to the city’s outdoor mobile vendors laws.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, May 16, 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: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Sarah Bunch, John La Tour, Alan Long
Absent: None

» View current attendance records

City Council Meeting Presentations, Reports and Discussion Items

1. Ozark Regional Transit Periodic Report

2. First Quarter Financial Report


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

1. Approval of the May 2, 2017 City Council Meeting Minutes
Pass 8-0

2. National Institute of Governmental Purchasing Scholarship (Details): A resolution to approve a budget adjustment recognizing a scholarship received by the Purchasing Division from the National Institute of Governmental Purchasing in the amount of $2,500.00.
Pass 8-0

3. Bid #17-28 DFI Technologies, Inc. (Details): A resolution to award Bid #17-28 and approve a contract with DFI Technologies, Inc. for one year’s mailing services at an approximate cost of $279,369.00 with automatic renewals for up to four additional one year terms.
Pass 8-0

4. Bid #17-31 Foundation Specialties, Inc. (Details): A resolution to award Bid #17-31 and authorize a contract with Foundation Specialties, Inc. in the amount of $34,918.00 for the installation of micropile foundations for the Cato Springs Trail Bridge No. 3, and to approve a project contingency in the amount of $3,491.80.
Pass 8-0

5. RFP #17-11 Challenger Teamwear (Details): A resolution to award RFP #17-11 and authorize a contract with Challenger Teamwear for the purchase of youth soccer uniforms in the amount of $14.96 plus applicable taxes per uniform for the Fall 2017 and Spring 2018 seasons, with an automatic renewal at the same price for the Fall 2018 and Spring 2019 seasons.
Pass 8-0

6. City of Johnson Memorandum of Understanding (Details): A resolution to approve a memorandum of understanding between the City of Fayetteville and the City of Johnson to transfer control, operation, ownership and maintenance of the traffic signal at the Joyce Boulevard and Wilkerson Street intersection in Johnson.
Pass 8-0

7. Cisco Systems, Inc. (Details): A resolution to authorize the purchase of Cisco Systems, Inc. data communications products and services through authorized resellers, pursuant to a State of Arkansas and Western States Contracting Alliance – National Association of Procurement Officials Contract.
Pass 8-0

Public Hearing

1. Raze and Removal 265 W. Nonnamaker Drive (Details): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Harold and Rosetta Harmon located at 265 W. Nonnamaker Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment.
Tabled (until June 2) 8-0

Notes: Mr. Harmon requested the item be tabled to allow him time to take care of the issue.

Agenda Additions

1. Cullers Sewer Extension (Details): A resolution to approve an extension of the city’s sewerage system beyond the city limits to a proposed development near Hughmount Road and Lierly Lane.
Fail 7-1

Notes: This item was tabled at the May 2 meeting to the June 6 meeting, but was added to the May 16 agenda tonight.

Alderman Petty said he didn’t believe the development would be able to pay for the cost of the extension. Alderwoman Marsh said the project would create sprawl. Alderwoman Bunch also expressed concern about sprawl and the cost to the city. Alderman La Tour said if the city doesn’t accept the waste, it will go into the ground which is unsanitary. La Tour was the only council member to vote in favor of the item.

Unfinished Business

1. RZN 17-5733 (SE of Crossover Road & Hearthstone Drive) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5733 for approximately 1.79 acres located at SE corner of Crossover Road and Heathstone Drive from R-O, Residential Office, and RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services, General.
Pass 6-2

Notes: This item was left on the first reading on May 2.

Residents said the developer has told them that a MJ Pizzeria and coffee shop is planned for the property. According to the business’ Facebook page, MJ Pizzeria is Chef Miles James’ concept of “chef-inspired, fast casual dining, featuring wood-fired pizzas, homemade pastas and craft bar.”

The majority of residents who spoke during the May 2 meeting and tonight were from the adjacent Stonewood subdivision. Most of the residents were against the request, citing concerns about the potential for increased traffic, odors from food preparation, and noise. Others said they bought their homes with the belief that the undeveloped property would only be used for an office, and that the change in zoning would allow business types that they believe could adversely affect their property values.

City Attorney Kit Williams said when the homes were built in the subdivision, the only non-office use allowed (with a conditional use permit) was a restaurant. He said that was changed in 2010 when several other commercial options were added by conditional use. Williams said he has concerns about that fact when considering the argument from residents that they believed commercial activity would be very limited when purchasing their property.

Alderwoman Marsh said the property is on a major roadway and across from a major regional destination in the Botanical Garden of the Ozarks. By rezoning the property to a classification that encourages walkable development with buildings near the street and cars at the back, the council would be setting a precedent already laid out in pieces of the city’s long-term planning goals. She said sticking to City Plan 2030 is the only way to keep major roadways from becoming another North College Avenue.

La Tour said tonight while he is usually in favor of property rights, he will be voting against the rezoning request. He said he believes in variety in the marketplace, and said a quiet neighborhood should remain quiet in order to keep a clear line between residential and commercial areas.

Alderman Tennant said city planners and planning commissioners are both in favor of the request, and that he can’t remember a time when the council ever overturned both of those recommendations. He said if the council votes against the request, that could incite deep concerns about the processes of both city staff and the Planning Commission. He said he’s not a big fan of the current zoning, but he also understands the concerns of the residents who are immediately adjacent to the property when considering the requested zoning classification. However, he said if the property is going to be developed, he would rather see it include buildings that are closer to the street to reduce the chances of that area becoming more like the intersection at Crossover and Mission Boulevard, or even North College Avenue.

Alderman Kinion said it’s true the council has endorsed form-based zoning as its preferred way of growth for Fayetteville, but he said every neighborhood has a different character and he respects that character. Kinion said the neighbors have clearly spoken their desire to keep the property Residential Office, and he will be voting against the rezoning out of respect for the residents.

Alderwoman Gray said it has been a difficult decision. She said she’s experienced the same issues in her neighborhood through the years since moving into her home. Several buildings and homes have been built around her house, she said, and while change is sometimes difficult to endure, such is the nature of owning a home near undeveloped property. She said while many residents are against the rezoning, she’s heard from people who are excited about the possibility of the development. She said she will support the request.

Alderman Petty said the nature of Crossover Road already inherently prevents it from being walkable, but said the rezoning request is “simply better” than the current zoning classification because it’s a better fit and it’s more certain in what it requires and allows. He said the city as a whole has endorsed form-based growth on major corridors and near intersections, and said this is exactly the kind of request he would support without doubt.

Alderwoman Bunch agreed with Petty and said while the rezoning might not be favorable for those residents immediately adjacent to the property, she believes in doing what’s best for the entire city. She said the current zoning could prove to be more detrimental to the neighbors in the longterm, and said the requested change is a better fit.

Alderman Long said he will defer to the Ward 3 council members who are both in support of the request.

Mayor Jordan said while Residential Office may have once been the best buffer between Crossover and the neighborhood, the city’s zoning classifications have since evolved and now include better options for creating both a buffer and encouraging walkable development.

La Tour and Kinion were the only aldermen to vote against the request.

2. VAC 17-5753 (SE Corner of Crossover Road & Hearthstone Drive/CP Properties) (Details): An ordinance to approve VAC 15-5753 for property located at southeast corner of Crossover Road and Hearthstone Drive to vacate a portion of a drainage easement and a portion of a utility easement.
Pass 8-0

3. Fayetteville Commerce Park Land Sale (Details): A resolution to sell about 5 acres of land in the Commerce District to AR-Canna, LLC for $75,000.00 contingent on AR-Canna, LLC receiving a Medical Marijuana Cultivation Facility license from the State of Arkansas.
Pass 7-1

Notes: Alderwoman Sarah Marsh said the project has great economic potential and she looks forward to the creation of new jobs.

Alderman Tennant said he’s a little concerned about the fact that the applicant hasn’t yet been approved to cultivate his product. City staff said the contract is only good through the end of the year, and that if the applicant hasn’t been approved, it will be voided. Tennant said he will likely support the sale, but wishes there was a way to sell the land to another buyer if they come forward before the applicant is approved.

Alderman John La Tour asked the applicant why people need marijuana to treat medical conditions when those conditions have existed for many years without legalized production and dispensing facilities.

Brian Faught, the applicant, said those are not questions for him to answer. Voters in Arkansas – and overwhelmingly in Fayetteville – he said, have voted to legalize medical marijuana and he is here tonight to purchase land for a legal production facility.

Mayor Jordan said Fayetteville’s 65 percent approval of medical marijuana (during the statewide vote) combined with the fact that the land has been empty for 25 years led him to support this sale.

La Tour was the only council member to vote against the sale.

New Business

1. South Block Partners, LLC Cost Share Agreement (Details): An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with South Block Partners, LLC for the installation of a sewer main along a portion of South Block Avenue between West 4th Street and West 5th Street, with the estimated amount to be paid by the City of Fayetteville not to exceed $16,375.00, and to approve a project contingency in the amount of $3,347.00.
Pass 8-0

2. Millsap Drainage Cost Share (Details): An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Southern Star Enterprises, LLC for the installation of drainage improvements along a portion of East Millsap Road with the City of Fayetteville’s share of the costs not to exceed $49,070.40, and to approve a project contingency in the amount of $5,000.00.
Pass 8-0

3. RZN 17-5756 (2621 E. Mission Blvd./ERC Holdings, LLC) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5756 for approximately 2.62 acres located at 2621 E. Mission Blvd. from C-1, Neighborhood Commercial to CS, Community Services.
Pass 8-0

Notes: Alderman Tennant said he’s excited to hear about the possibility of a mixed-use development near the intersection of Crossover and Mission.

4. RZN 17-5781 (1622 E. Mission Blvd./Lamb-Morris) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5781 for approximately 0.54 acres located at 1622 E. Mission Blvd. from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation.
Pass 8-0

5. VAC 17-5751 (1541 W. Martin Luther King Jr. Blvd./ Monroe Eaton, LLC) (Details): An ordinance to approve VAC 17-5751 for property located at 1541 W. Martin Luther King Jr. Blvd. to vacate a portion of a street right of way.
Pass 8-0

6. ADM 17-5705 (UDC Chapter 178 Outdoor Mobile Vendors) (Details): An ordinance to amend Chapter 178 Outdoor Vendors of the Unified Development Code to end the permit lottery for mobile vendors utilizing public parking areas, to allow administrative approval of permits for mobile vendor courts and sidewalk cafés, to allow mobile vendors to administratively renew permits annually, and to make technical revisions.
Pass 8-0


– May is Bike Month. National Bike to Work Day is Friday.
– The city’s transfer station at the Recycling Center will be closed for repair on Saturday.
– A Ward 4 meeting is set for May 29 at City Hall.


This meeting was adjourned at 10:20 p.m.