LIVE UPDATES: Fayetteville City Council recap: April 17, 2018

File photo

On the agenda…

  • Rezoning 22.59 acres at Rolling Hills Drive and Old Missouri Road.
  • Downgrading Rolling Hills Drive from a Principal Arterial to Collector status.
  • Purchasing lights for Niokaska Creek Trail.
  • Rezoning 56 acres southeast and southwest of Rupple Road and Mount Comfort Road.
  • Removing a Bill of Assurance on property at 15th Street and Curtis Avenue.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, April 17, 2018 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, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith
Absent: Sarah Marsh

» View current attendance records


Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member.

1. Approval of the April 3, 2018 City Council Meeting Minutes
Pass 7-0

2. 81 Construction Group, Inc. Change Order 3 (Details): A resolution to approve Change Order No. 3 to the contract with 81 Construction Group, Inc. in the amount of $134,158.03 to include changes to the access road and construction of a containment berm for the Lake Sequoyah Basin 3 access road project.
Pass 7-0

3. Drew Christie Water Damage Claim (Details): A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the mayor to pay the amount of $13,099.19 to Drew Christie for a water damage claim arising at 1168 Oaks Manor Drive in addition to a previous payment of $2,581.45 to ServiceMaster for water damage mitigation services.
Pass 7-0

4. Gulf Coast High Intensity Drug Trafficking Area (Details): A resolution to approve a memorandum of agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $110,718.00 for the Police Department, and to approve a budget adjustment.
Pass 7-0

Unfinished Business

1. VAC 18-6120 (Nettleship between Graham & Razorback/Nettleship St. Row) (Details): An ordinance to approve VAC 18-6120 for property located along Nettleship Street between South Graham Avenue and South Razorback Road to vacate a portion of street right-of-way.
Pass 7-0

Notes: City staff and the Planning Commission are in favor with the following conditions of approval:

  1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer’s expense.
  2. The vacated portion of Nettleship right-of-way is to remain as a drainage and utility easement;
  3. The proposed extension of Leroy Pond shall be constructed in accordance with City of Fayetteville details and unless a variance is approved by the Planning Commission, shall be designed in accordance with the City’s Master Street Plan Local Street section; and
  4. The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final and prior to any damage or removal of the portion of Nettleship Street to be vacated.

Staff on April 3 requested the item be left on the first reading to allow time to tweak the conditions to both parties’ liking.

The following two conditions of approval were added through an amendment that passed 7-0:

  1. Street trees be installed along both sides of the street and spaced in accordance with City code.
  2. Curb and landscape bump-outs be installed at pedestrian crossings as approved by City Engineering during construction review.

There was no public comment at either meeting.

The item was approved 7-0.

2. RZN 17-6052 (East of Rolling Hills Drive/Keenan) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-6052 for approximately 22.59 acres located east of Rolling Hills Drive and Old Missouri Road from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation.
Left on the first reading

Notes: This item was removed from the March 6 agenda because it was discovered that the property owners’ application wasn’t fully completed. It is now back for discussion.

The Planning Commission first approved the request 7-0 in January, but after the application deficiency was discovered, the item needed to be re-approved before it could be forwarded to the council. During that process, it passed 4-3 with three commissioners siding with neighbors who said the rezoning could result in too high of a density and could negatively impact traffic and safety.

Staff outlined the differences in the current zoning and the requested rezoning.

Current RSF-4 Zoning
Density: 4 units/acre
Conditional uses (must apply for separate permit): 2-family

Lot width/area:
1-family – 70 feet / 8,000 SF
2-family – 80 feet / 12,000 SF

Requested NC Zoning
Density: 10 units/acre
Conditional uses (must apply for separate permit): 2, 3 or 4-family

Lot width/area:
1-family – 40 feet / 4,000 SF
2-family – 80 feet / 4,000 SF
3-family – 90 feet / 4,000 SF

Public discussion
The first few residents to speak cited traffic, and environmental concerns as reasons why the area shouldn’t be rezoned.

One person asked the council to table the issue to allow people some time to figure out a way to raise enough money to buy the land and somehow preserve it.

Another resident said the council should consider that there is strong opposition to increasing the density in the area.

Council member Petty interjected and asked those planning to speak in general terms against an increase in density to clarify why they are opposed to more people in the area, aside from the most common theme that dominates all rezoning oppositions (increased traffic). He said he wants to understand what is fundamentally wrong with more people living in the neighborhood.

The next person to speak said more people in the area could lead to an overpopulation at Butterfield Trail Elementary School.

Lucas Regnier, a nearby neighbor and lawyer who recently announced plans to seek the Ward 3 City Council seat that will be vacated by Justin Tennant after this year, said a local non-profit is interested in purchasing a portion of the land for preservation purposes. He did not name the organization.

“A capital campaign has begun and is being vigorously pursued,” he told the council.

Several more residents spoke about stormwater runoff concerns if the land is developed.

City Engineer Chris Brown said all new developments must comply with the city’s stormwater management ordinances that include retention ponds and other drainage infrastructure.

Another person mentioned tabling the request to allow time for some organization of a group that could raise enough money to buy the land.

The last person to speak said Fayetteville needs additional affordable housing options, which is something the requested NC rezoning might encourage.

Council member Tennant said he’d like to leave the item on the first reading (which is the standard procedure unless the rules are suspended) instead of tabling it for some arbitrary amount of time. Council member Kinion agreed.

Petty clarified what he mentioned earlier. He said traffic issues are indeed a valid concern, but he suspects some arguments are being used as a proxy for other reasons. He said in the coming weeks, people should think hard about what is most salient to them. He said people have said they don’t want apartments nearby, but they haven’t said why. He said if they don’t want renters living next to them, they should just say so.

Don Marr, the mayor’s chief of staff, said his staff will reach out to the school district and see if they would be willing to come to the next City Council meeting and discuss the issues that were brought forward tonight in regards to overpopulation at Butterfield Trail Elementary School.

The discussion will continue at the next council meeting on May 1.

New Business

1. ADM 18-6098: Rolling Hills Dr./Skillern Rd. Corridor Master Street Plan Amendment) (Details): A resolution to amend the Master Street Plan by downgrading the Rolling Hills Drive/Skillern Road Corridor from Principal Arterial to Collector status and by shifting the alignment of the corridor to connect along Oak Bailey Drive.
Tabled until May 1

Notes: This resolution would change a 20-year-old master plan that outlines the longterm vision for Rolling Hills Drive. The change would ensure the street remains a two-lane roadway, despite its current classification, which calls for an eventual four-lane boulevard. It would also realign a planned extension that was set to connect the current Rolling Hills Drive to Crossover Road. The new alignment would end at Oak Bailey Drive to allow some connectivity to the expected development of the land around Butterfield Trail Elementary School.

The amendment is supported by city staff and the Planning Commission.

Council member Petty said the Transportation Committee needs to first take up this issue before the full council discusses it. The committee next meets on Tuesday, April 24. He moved to table the item for two weeks. The motion passed 6-0 (Bunch stepped out before the vote).

2. Bid #18-26 Amerlux Exterior, LLC (Details): A resolution to award Bid #18-26 and authorize the purchase of LED trail light fixtures from Amerlux Exterior, LLC in the amount of $1,140.00 per 40-watt light fixture and $1,150.00 per 60-watt light fixture, and to authorize the purchase of fiberglass light poles in the amount of $400.00 per pole from Alliance Composites, Inc., plus applicable sales taxes, as needed through the end of 2018.
Pass 7-0

Notes: These lights are for the two-mile Niokaska Creek Trail that will connect Gulley Park to the city’s trail system at Old Missouri Road, and to the Old Wire Cycle Track.

Here’s a map:

One resident who spoke urged the city to revisit its color temperature policies for street and trail lighting. He said newer technology allows lower Kelvin temperature fixtures to produce the same amount of light. He said the city’s move from 5,000 Kelvin to 4,000 is good, but a reduction to 3,000 would be better.

Council member Petty agreed and said with the city’s plans to test lower Kelvin lighting, he’s optimistic that future bids will be able to include a reduction in temperature for fixtures.

3. Advanced Public Safety, Inc. (Details): An ordinance to waive the requirements of formal competitive bidding and approve the purchase of fifty-one Zebra model 520 e-ticket printers and two handheld e-ticket devices from Advanced Public Safety, Inc. in the amount of $62,739.00, and to approve a budget adjustment.
Pass 7-0

Notes: Staff said the city’s current printers have been out of production for over three years, and that parts and maintenance are no longer available.

4. Kucera International, Inc. (Details): An ordinance to waive the requirements of formal competitive bidding and approve a contract with Kucera International, inc. in the amount of $34,925.00 for planimetric mapping services to identify impervious surfaces and building footprints throughout the city.
Pass 7-0

Notes: Staff said the city will utilize the impervious surface dataset primarily for drainage design and analysis, both for city projects and private developments.

5. RZN 18-6122: (SE & SW of Rupple Rd. & Mt. Comfort Rd./Hazen) (Details): An ordinance to rezone that property described in rezoning petition RZN 18-6122 for approximately 56.02 acres located southeast and southwest of Rupple Road and Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre, RSF-1, Residential Single Family, 1 unit per acre, and R-A, Residential Agricultural to CS, Community Services and R-A, Residential Agricultural.
Left on the second reading

Notes: In 2016, the owner requested a similar rezoning that failed by a vote of 3-3. The new request has support from city staff and the Planning Commission.

Here’s a map:

Staff said the area has a large number of residents, but lacks basic goods and services, requiring those residents to drive long distances to meet their daily needs. The requested rezoning, staff said, recognizes this issue and could help alleviate the lack of services in the area.

A neighbor who spoke tonight said more services would be a welcome addition to the area.

The council moved to the second reading by a vote of 6-1 with Ward 4 council member Smith voting against. Smith said he’s generally in favor of the project, but would like to give the public more time to consider the request. He said he’d like to hold the item on the second reading.

La Tour, the other Ward 4 council member, said he’d like to move forward tonight. He moved to send the item to its third and final reading, but there was no second.

The discussion will continue on May 1.

6. ADM 18-6130 (UDC Amendment Chapters 156, 166, and 169: Sequence of Grading Permits) (Details): An ordinance to amend § 156.04 – Physical Alteration of Land and Stormwater Drainage and Erosion Control of Chapter 156 Variances; § 166.02 – Development Review Process of Chapter 166 Development; and various sections of Chapter 169 Physical Alteration of Land of the Fayetteville Unified Development Code to clarify the approval process for grading permits, to generally require development approval prior to the issuance of grading permits, and to make administrative changes.
Pass 6-1

Notes: From staff documents: “The current language in UDC Chapter 169: Physical Alteration of Land does not clearly state that development entitlement is required prior to a grading permit being issued. This has resulted in a loophole where developers can bypass the intended development approval process, and proceed directly to site grading without staff or the planning commission reviewing plans for conformance with all UDC requirements. Staff proposes a code amendment to close this loophole.”

The council amended the item 6-1 to include an emergency clause that would ensure the changes go into effect immediately instead of in 31 days in order to preserve any trees that might be cut down between now and the date the ordinance goes into effect.

During the vote to amend and the final vote, La Tour was opposed. He said he didn’t think the item necessitates an emergency clause, but he didn’t say why he was against the ordinance.

7. Remove Bill of Assurance E. 15th St. & Curtis Ave. (Details): An ordinance to discharge and remove the Bill of Assurance related to the property described in exhibit a because such protective language is no longer needed.
Left on the first reading

Notes: In 1982 the city sold this land with a requirement that it be used for a gas station with a convenience store and car wash. The current landowner would like the city to remove that stipulation from the rezoning ordinance so the property can be used for other commercial types.

Here’s a map:

The applicant requested this item be held until May 1.


– The next bulky waste cleanup event is April 28 at Vandergriff Elementary and the Recycling & Trash facility. See the full schedule.

– The Fayetteville Parks & Recreation department is hosting a series of public input sessions to gather feedback for an update to the city’s Parks Master Plan. See the full schedule.

– A community Earth Day celebration is scheduled in Fayetteville for April 21. See details here.


This meeting was adjourned at 9:20 p.m.