Discussion concerning a request to rezone property on Patton Street consumed the majority of the City Council's time during the regular meeting Tuesday, Jan. 16.
The rezone to R3 for the Merlene Dryden property was approved by the Planning Commission on Tuesday, Jan. 2 and referred to the Council for adoption.
Council member Ginger Larsen said she attended the Planning Commission meeting and has received feedback from area residents.
"I just want to be sure that when we're looking at rezoning something, we're doing our due diligence as a city that we have the infrastructure to support it," Larsen said.
Council member Jeff Neil, referring to a requested traffic study of the intersection of Weston Street, West Patton Street and Hazelton Road said he is concerned with the entire corridor, not just the intersection.
Council member Nadine Telgemeier concurred.
"My concern is the corridor!" she said.
"The study did mentioned that if we maxed out if we rezoned everything at its highest density and we took in the surrounding neighborhoods... it didn't affect it much," Larsen said.
"Again, my concern is the corridor," Neal said
"I think the school is part of this corridor, and that's both north and south, east and west. I don't know to what extent ... where the conversations are with them," said Nadine Telgemeier, council member. "I think that's a valid point where their traffic actually impedes almost to the intersection."
"Has there been any conversation with the school?" asked Larsen.
"There has been conversation with Mr. (Keith) Martin (school superintendent) about this and we're going to work together and try to figure out a method to fix it," said Mayor Nathan See. "And that's something that's going to happen either way. We have to do something."
After lengthy discussion, council member Cody Keene made a motion to approve the ordinance saying he based that recommendation on the vote of the Planning Commission.
City planning director Jessica Grady told city officials that the first motion was to deny the rezone and that motion tied. A second motion to recommend to approve the rezone was 4 to 2.
"I make a motion that we approve Ordinance 825 per the Planning Commission's vote," Keene said.
After a few moments of silence in which no one seconded the motion, Mayor Nathan See asked, "Do we have a second?"
Keene said, "If not, it fails. Somebody else has to give a motion."
Council member Larsen asked whether it was possible
"Is it possible for us, because our council is slim tonight with a couple of members out, is it possible to table it and talk about it when all our members are here so we have a little more input?" asked Larsen, noting the absence of Steve Guthrie and Matt Blood. "Does anybody else think that's necessary?"
Neil noted that if the issue fails, it may not be presented again for six months.
City attorney Shane Perry confirmed that if the issue fails, it may not be presented again for six months, but if it's tabled, it may be reconsidered.
Keene asked for a representative for the property.
Chris Tilley with Odyssey Engineering said the immediate purpose of the rezoning is for the property owner (Merlene Dryden) to sell the property and the potential developer with whom he is working is proposing a multi-family development for the site
"We believe this makes sense for a number of reasons. First, it follows the Pea Ridge land use map which designates this area for residential development," Tilley said. "Based on population projects ... the population of Pea Ridge is expected to more than double between now and 2045... so even considering all the development that's already happening in Pea Ridge, more residential development is going to be needed in Pea Ridge.
"Why this site? This site is centrally located and within walking distance of schools, parks, grocery stores and restaurants," Tilley said. "Having this site zoned to a more dense residential use, not only helps to address the lack of housing, but it also encourages pedestrian transit, which was voiced as a concern at the Planning Commission meeting."
Tilley said that if higher-density developments are pushed to the city's exterior, it takes the pedestrian option and would guarantee more vehicle traffic in the long run.
Tilley said his plan has addressed drainage concerns expressed by a neighbor of the property to the north.
He said lastly, a precedent had been set with the property to the west, "which is similar in size, location and utilities available" was approved for the "exact same rezoning."
"I have a question, and I'm just trying to help you," Perry said to Tilley. "Ultimately it's your decision... this was a split vote in front of the Planning Commission.
"We are missing two council members tonight. If this gets tabled, you could have a full allotment of council members here to listen at the next meeting. If it does not get tabled and you are met with a split vote tonight and it doesn't pass, our ordinances will not allow you to bring it before this committee for three or six months."
"Let's step out of the forest and not get blinded ... I'm simply trying to help you see the big picture," Perry said.
Aaron Ingle, a realtor representing Dryden, said he'd much rather table the issue than have it fail.
Larsen made a motion to table the ordinance. Telgemeier seconded the motion. Larsen and Telgemeier voted to table the ordinance. Keene and Neil voted against tabling the ordinance, resulting in a tie.
"I might also point out that the original ordinance failed for lack of a second," said City Clerk Sandy Button. "It died for lack of a second. Does that mean the ordinance failed?"
Perry said the discussion veered off; Button asked for clarification.
City officials then discussed whether there was an official statement that the motion failed for lack of a second. The recording was played and it was determined there had not been such a statement.
The council took a five minute recess to listen to the recording of the meeting.
Ingle told city officials that Merlene Dryden's husband, before his death, donated land to the city for Patton Street because of traffic and the projected growth of the city.
"To me, it's kind of a kick to the stomach whenever they're getting denied because they donated that," Ingle said.
Neil said the body is recommending "slow" not stop.
"To me, the developers build the plane as we're flying," Neil said.
"Just becuase it's a 'no,' if it is a no tonight, doesn't mean it's a no six months from now. It means we need more information on what this is going to do to that corridor that's already a fairly dangerous corridor."
Dr. Karen Sherman, a member of the Planning Commission, noted that, according to Robert's Rules of Order, a motion dying for lack of a second does not kill the item in question which is then open for another motion.
It was determined that the mayor did not declare the motion failed for lack of a second.
"In light of all the confusion," Perry said, "I recommend allowing them to table it."
The mayor broke the tied vote to table the issue and said it would be placed on the agenda for the February meeting.