ADJOURNED: Fayetteville City Council recap: May 21, 2019

File photo

On the agenda…

  • A proposal to stop buying Styrofoam products.
  • Rezoning 0.22 acres at 510 S. College Ave.
  • Rezoning 0.93 acres at 509 W. Prairie Street.
  • Rezoning 0.18 acres at 1134 S. Washington Ave.
  • Rezoning 11.79 acres northwest of Joyce Boulevard and Old Missouri Road.
  • Developing the City of Fayetteville Digital Inclusion and Equity Plan.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, May 21, 2019 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: Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch*, Teresa Turk, Kyle Smith
Absent: None

* Bunch arrived at 5:57 p.m. during the second item of Unfinished Business.

» View current attendance records


Agenda Additions

1. Nabholz Construction, Inc. Change Order No. 3

A resolution to approve Change Order No. 3 to the contract with Nabholz Construction, Inc. in the amount of $603,497.15 to perform additional work associated with the Highway 112 Razorback Road to Garland Avenue project, and to approve a budget adjustment.
Pass 7-0

Background:
This item was walked on at the beginning of the meeting.

The project is currently under construction. The contractor has determined that the original design needs to be tweaked to add some curb and gutter, pipework, drainage infrastructure, and sidewalks in some areas. City staff said they expect this work to be fully funded by the Arkansas Department of Transportation, with no additional charge to the city.

Discussion:
There was no public comment.

Decision:
The council voted unanimously to approve the resolution.


Consent

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

1. Approval of the May 7, 2019 City Council Meeting Minutes
Pass 7-0

2. Gulley Park Trail Lighting (Details): A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal-aid Transportation Alternatives Program funds in an amount up to $160,000.00 for lighting of the trail around Gulley Park.
Pass 7-0

3. Rupple Road Trail Lighting (Details): A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal-aid Transportation Alternatives Program funds in an amount up to $500,000.00 for lighting of the Rupple Road Trail from Persimmon Street to Martin Luther King, Jr. Boulevard.
Pass 7-0

4. Goodyear Tire and Rubber Company (Details): A resolution to approve the purchase of tires, tubes, and services on an as needed basis from Goodyear Tire and Rubber Company, pursuant to a National Association of State Procurement Officials Valuepoint Cooperative Purchasing Agreement, through March 31, 2024.
Pass 7-0

5. Dana Safety Supply, Inc. d/b/a Fleet Safety (Details): A resolution to authorize the purchase of emergency lights and related equipment from Dana Safety Supply, Inc. d/b/a Fleet Safety on an as needed basis through July 31, 2022, pursuant to a federal General Services Administration contract.
Pass 7-0

6. Wilson Park New Bridge and a Pedestrian Connection (Details): A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal-aid Recreational Trails Program funds for construction of a new bridge and a pedestrian connection from the trail to the pavilion at Wilson Park.
Pass 7-0


Unfinished Business

1. RZN 19-6553 (510 S. College Ave./Coody) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6553 for approximately 0.22 acres located at 510 S. College Ave. from NC, Neighborhood Conservation to NS-L, Neighborhood Services-Limited RI-U, Residential Intermediate-Urban.
Pass 7-0

Background:
This item was left on the first reading on April 16 and the second reading on May 7.

The Planning Commission recommends approval of the request, but city planning staff disagree.

The undeveloped 0.22-acre property is located on the east side of College Avenue between 5th Street and MLK Jr. Boulevard, and is zoned NC, Neighborhood Conservation. The applicant stated that the rezoning is needed to allow businesses, home occupations, and two-, three-, or four-family dwellings.

City staff said the potential build-out of the NS-L zoning does not reflect the existing community character of the surrounding neighborhood that is fully built out with primarily small single-family buildings, and that infill can be more appropriately accomplished on this property using existing tools in the current NC zoning such as accessory dwelling units or a conditional use permit for limited business.

Location:

April 16 Discussion:
Council member Sarah Marsh was not present at the meeting, but asked that the item be held on the first reading.

The applicant said they’d like to change their request to RI-U, Residential Intermediate-Urban instead of NS-L. They said the reason is because it’s a district that city planning staff are in favor of, and they could change their plans to fit within that district’s requirements.

Council member Sloan Scroggin moved to amend the ordinance to RI-U instead of NS-L. The amendment passed 7-0.

Council member Matthew Petty said he’s in favor of the amended request, but said he doesn’t understand why staff thinks NS-L is incompatible with the surrounding properties, considering there are several non-residential uses within a block of the subject property.

There was no public comment.

The item was left on the first reading. The discussion will continue on May 7.

May 7 Discussion:
The applicant is unexpectedly out of town, and requested a continuance. The council left the item on the second reading. The discussion will continue on May 21.

May 21 Discussion:
There was no public comment.

Decision:
The council voted unanimously to approve the ordinance.


2. RZN 18-6573 (509 E. Prairie St./Prairie St. Live) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6573 for approximately 0.93 acres located at 509 W. Prairie Street from DG, Downtown General to MSC, Main Street/Center.
Pass 8-0

Background:
This item was left on the first reading on April 16 and the second reading on May 7.

Both the Planning Commission and city planning staff are in favor of the request.

The 0.93-acre property is on the southeast corner of Gregg Avenue and Prairie Street, with the Frisco Trail bordering its eastern boundary. It is developed with one 1,700-square-foot industrial building built in 1930 and multiple accessory structures, including one that has the appearance of a stage. Although formerly a part of Fayetteville’s downtown industrial area, it has since transitioned, first to a skateboard shop and park with occasional indoor live music, and now to an events venue. The property was rezoned to its current DG, Downtown General, zoning district as a part of the Downtown Master Plan in October 2006. The applicant stated that the rezoning is needed to allow the new event venue the opportunity to apply for a conditional use permit for outdoor music.
Pass 8-0

Location:

April 16 Discussion:
Staff said the request is also in line with the Downtown Master Plan.

Council member Petty recused himself from the discussion because he said he owns property within 100 feet of the subject property and he would be directly affected by the rezoning.

Turk said she hopes the property doesn’t close off access to the adjacent trail. Gutierrez said she’s talked with the applicant who told her the goal would be to engage trail users. Both Kinion and Bunch said they have concerns about the parking situation in the area. Scroggin asked city staff if there’s a difference between the current and requested district when it comes to parking (the answer was no).

The council agreed to leave the ordinance on the first reading. The discussion will continue on May 7.

May 7 Discussion:
There was no public comment on the issue.

Council member Mark Kinion said he has heard from people on both sides of the issue. He said he is concerned about potential parking issues, and about the venue hosting outdoor live music. He cited issues in Uptown Fayetteville at JBGB as an example of a live music venue next to a neighborhood that has caused problems for the neighbors, and he is concerned about similar issues that could occur at this site.

Council member Sonia Gutierrez said she is also concerned about parking, and about sound issues that could arise from outdoor live music at the venue.

Garner Stoll, the city’s development services director, reminded Gutierrez that the city does not require parking for non-residential uses.

Council member Sloan Scroggin said that if the neighbors had concerns about the outdoor music, the conditional use permit for the venue could be amended to add restrictions.

Council member Sarah Marsh said she would support the rezoning, calling it a “visionary” development due to its proximity to the trail and adjacent cultural arts corridor. She also added that parking is available nearby at the Fayetteville Public Library parking deck, and even the potential new deck that could be built in the space currently home to the Community Creative Center. “I want to see trail-oriented development,” she said.

Council member Sarah Bunch said she is concerned about the proximity of the nearby housing, the traffic in the neighborhood, and the parking situation.

Council member Teresa Turk shared some of the same concerns expressed about about parking, traffic, and outdoor music.

The council decided to leave the issue on the second reading.

The discussion will continue on May 21.

May 21 Discussion:
Council member Petty again recused himself from the discussion. He said last month that he owns property within 100 feet of the subject property and he would be directly affected by the rezoning.

City staff said that if the venue wanted to have live outdoor music, it would need to apply for a conditional use permit from the Planning Commission. Additionally, given the somewhat substandard surrounding street infrastructure, staff said major street improvements may be needed to accommodate large numbers of vehicles or on-street parking along the project site. To address these issues, staff would likely be recommending that if a permit for music is granted, that it be for a small music venue for up to about 200 people. Also, staff said the hours of operation would need to be limited to minimize nighttime disturbance when residents are home. Staff also said an outdoor music venue on this site will need to put together a well thought out parking plan with either parking onsite, or pre-approved shared parking agreements off-site. If the commission approves a permit for live music, staff said they’d likely recommend a phased project approach where a permit would be issued for a temporary timeframe for small-scale events to allow the community to test whether it would be appropriate in this location as a more permanent venue.

A representative for the applicant said since the last meeting, they have reached out to several neighbors in the area about a possible shared-use parking agreement, including an adjacent business and the Fayetteville Public Library.

One resident spoke in favor of the rezoning, and one spoke against.

Steve Clark, president of the Chamber of Commerce, spoke in favor of the request. He said it would fit in well with the area and urged the council to support the rezoning.

Council member Scroggin said he hopes the council doesn’t vote against this request simply because the applicant is likely to apply for a live music permit. He said it wouldn’t be fair to deny this request simply because there have been live music issues with other businesses in town. He said maybe the council needs to address the live music permitting process separately instead of considering it during the rezoning process.

Council member Kinion called this part of town “dynamic” and said it’s right in the area where the city is trying to develop a cultural arts corridor. He said after looking at both sides of the issue, he said the opportunities are too great to pass up. He said he knows there will be parking and noise complaints, but said due to the nature of the neighborhood, the venue will fit well.

Council member Turk said she likes the idea of having music and amenities right next to the trails. She asked if the applicant would be open to allowing trail users to access the venue’s restrooms. A representative for the applicant said trail users would be welcome to use the restrooms during operating hours, but he wasn’t sure if it would be possible when the venue isn’t open.

Council member Bunch said she has come to support the project. As the area transitions into a cultural arts destination – especially with the impending redevelopment of the Farmer’s Co-op – this location could be a hub for the community to come and eat or listen to live music.

Decision:
The council voted unanimously to approve the ordinance.


3. Polystyrene Foam Products (Details)

An ordinance to prohibit the purchase of expanded polystyrene foam with City of Fayetteville monies, to end the use of expanded polystyrene foam products by city concessionaires and food trucks in city parks and city off-street parking lots and to raise public awareness of the ecological damages caused by this product.
Pass 8-0

Background:
This item was left on the second reading on May 7.

This item is sponsored by Ward 4 City Council Member Teresa Turk. It would prohibit city staff from using city funds to purchase styrofoam products. It would also prohibit the use of styrofoam by city concessionaires and in food trucks that operate in city parks and city off-street parking lots. The goal is to raise public awareness of the ecological damages caused by styrofoam. The ordinance was unanimously approved by the Environmental Action Committee last month. The law is similar to one passed in Little Rock last year.

More info: The ordinance was amended to accommodate for styrofoam insulation, air sealing, structural stability, etc., and other construction materials. The amendment passed unanimously.

May 7 discussion:
A handful of residents spoke in favor of the ordinance. No one spoke in opposition.

The ordinance was left on the second reading at the request of Teresa Turk, who sponsored the resolution. Turk said she wanted to let other residents weigh in, offer suggestions, etc.

Council Member Petty said he would like to see the ordinance go further to ban styrofoam in other instances, single use plastic bags, etc.

The discussion will continue on May 21.

May 21 discussion:
A total of 10 residents spoke in favor of the ordinance. Several people said it doesn’t go far enough and should also include certain plastics, and should also include a ban for private businesses. Others said they’d be in favor of expanding the ordinance in the future.

Council member Scroggin said he’d like to expand the ordinance at some point to include a city-wide ban of styrofoam. He asked City Attorney Kit Williams what his thoughts are.

City attorney Kit Williams said he’s in favor of that too, but said it would be best to start with the current proposal and then work on an expansion later.

Williams said it’s likely that the current state legislature will attempt to pass a law that would veto Fayetteville’s styrofoam law, but not until their next gathering in two years. He said that could give other cities time to observe how Fayetteville’s law is coming along and possibly pass similar laws before the legislature meets next. The more statewide support this issue receives, the less likely it would be to receive a major backlash from the legislature. He said if the proposed law is passed tonight, he’ll begin to work on ways to expand it in a careful way to ensure the overall success of the initiative.

Council members Kinion, Bunch, Petty, Marsh, Smith and Gutierrez said they would also like to expand the ban, but they understand the need to work carefully and start more conservatively. They all thanked council member Turk for bringing the proposal forward.

Mayor Jordan said he, too, is in favor of expanding the ordinance, but said incremental changes are the way to go. “We’re just getting started,” he said.

Decision:
The council voted unanimously to pass the ordinance.


New Business

1. RZN 19-6605 (north of 1134 S. Washington Ave./Mendez) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6605 for approximately 0.18 acres located 1134 S. Washington Ave. from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
Pass 8-0

Background:
Both the Planning Commission and city planning staff are in favor of the request.

The property is located at the corner of 11th Street and South Washington Avenue in the Burl Dodd Addition. The applicant told city staff they may want to subdivide the property and build four smaller single-family homes along 11th Street.

Location:

Discussion:
There was no public comment.

Decision:
The council voted unanimously to approve the ordinance.


2. RZN 19-6618 (1372 S. College Ave./Milwee) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6618 for approximately 0.24 acres located at 1372 S. College Ave. from NC, Neighborhood Conservation to NS-L, Neighborhood Services-Limited.
Pass 8-0

Background:
Both the Planning Commission and city planning staff are in favor of the request.

The property is located on the northeast corner of South College Avenue and Ella Street, across from the main pavilion and tennis court area of Walker Park in the Burl Dodd Addition. The applicant told city staff this rezoning is necessary to facilitate the use of the property for a mobile food vendor without the need for a conditional use permit.

Location:

Discussion:
There was no public comment.

Decision:
The council voted unanimously to approve the ordinance.


3. RZN 19-6620 (northwest of Joyce Boulevard and Old Missouri Road/Jel Acquisitions) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6620 for approximately 11.79 acres located northwest of Joyce Boulevard and Old Missouri Road, from R-A, Residential Agricultural to CS, Community Services and RMF-24, Residential Multi Family, 24 units per acre.
Left on the second reading

Background:
Both the Planning Commission and city planning staff are in favor of the request.

The undeveloped property is located north of Joyce Boulevard and west of Old Missouri Road. City staff said the mix of residential building types and offices adjacent to this site should be complimented by the uses that are allowed in the requested zoning districts.

Location:

Discussion:
There was no public comment.

Council member Scroggin said he hopes when the property is developed, that there is only one curb cut on Joyce Boulevard.

The council advanced the item to the second reading, but council member Turk said she’d like to hold the item to give the public more time to consider the rezoning since it’s a large parcel.


4. VAC 19-6617 (4661 N. Copper Creek Drive) (Details)

An ordinance to approve VAC 19-6617 for property located at 4661 N. Copper Creek Drive to vacate a portion of a general utility easement.
Pass 8-0

Background:
Both the Planning Commission and city planning staff are in favor of the request with the following condition of approval:

  1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer’s expense.

Location:

Discussion:
There was no public comment.

Decision:
The council voted unanimously to approve the ordinance.


5. Arkansas Department of Transportation (Details)

A resolution to approve a utility construction/relocation agreement with the Arkansas State Highway Commission for the relocation of utilities required by the widening and improvement project on Highway 16 between College Avenue and Huntsville Road at a total estimated cost of $2,349,078.66, with the City of Fayetteville’s portion estimated to be $871,978.00.
Pass 8-0

Background:
The Arkansas Department of Transportation has requested utility relocations to prepare for the widening of Highway 16 (15th Street) from South College Avenue to Huntsville Road. The water and sanitary sewer relocations for this project are estimated to cost approximately $2.3 million subject to public bidding. The relocations are estimated to be 62.88% reimbursable to the City of Fayetteville by ARDOT. Based on the estimated cost, this would result in ARDOT funding about $1.4 million and the City of Fayetteville $872,000. The actual costs of construction will determine final contributions from each party. The agreement is primarily to establish the reimbursable percentage for both parties.

Discussion:
There was no public comment.

Decision:
The council voted unanimously to approve the resolution.


6. Fayetteville Digital Inclusion and Equity Plan (Details)

A resolution to develop the City of Fayetteville Digital Inclusion and Equity Plan.
Pass 8-0

Background:
The Digital Inclusion and Equity Plan is a city effort to ensure that access to affordable and adequate broadband internet is available for all residents.

Mayor Jordan created a task force to look into this issue a little over a year ago. That group has since hosted five public engagement events and worked with the National Digital Inclusion Alliance and other groups to explore best practices in development of a plan.

If this resolution is approve, the city will move forward to create a plan that will serve as a guiding document for city planning efforts related to broadband access, digital literacy education opportunities, policy development and fiber infrastructure.

Discussion:
There was no public comment.

Decision:
The council voted unanimously to approve the resolution.


Announcements

– The Wilson Park pool opens this weekend, and enrollment is open for swimming lessons.
– City offices will be closed May 27 for Memorial Day.
– The Walker Park splash pad is now open daily from 9 a.m. until 8 p.m. through the third Sunday in September.


Adjourned

This meeting was adjourned at 7:33 p.m.