LIVE UPDATES: Fayetteville City Council recap: Aug. 20, 2019

File photo

On the agenda…

  • Amending the Residential Parking Permit program
  • Expanding the Residential Parking Permit area
  • Rezoning 10.43 acres on North Front Street
  • Rezoning 0.31 acres on East Rock Street
  • Rezoning 1.81 acres on MLK Jr. Boulevard
  • Rezoning 2.28 acres on 15th Street
  • Allowing open alcohol containers in certain public places

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Aug. 20, 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, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith
Absent: Sarah Marsh

» View current attendance records


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 Aug. 6, 2019 City Council Meeting Minutes
Pass 7-0

2. Amend Resolution 149-19 (Details): A resolution to amend Resolution 149-19 to correct the vendor from Steve Landers of Siloam Springs to Superior Chevrolet of Siloam Springs for the purchase of a Dodge Ram 1500 Quad Cab 4×4 truck.
Pass 7-0

3. YRCC Kids Nite Afterschool Program (Details): A resolution to approve a budget adjustment in the amount of $5,808.00 recognizing funds from the Community Development Block Grant Projects for the YRCC Kids Nite Afterschool Program.
Pass 7-0

4. Fayetteville School District Renewed Agreement Holcomb Elementary School Gym (Details): A resolution to approve the renewed agreement with Fayetteville School District to manage, maintain and operate the Holcomb Elementary School gym for 10 years with the option to extend the agreement for an additional 10 years.
Pass 7-0

5. Fayetteville School District Renewed Agreement Vandergriff Elementary School Gym (Details): A resolution to approve the renewed agreement with Fayetteville School District to manage, maintain and operate the Vandergriff Elementary School gym for 10 years with the option to extend the agreement for an additional 10 years.
Pass 7-0

6. Elizabeth Richardson Center Lease Agreement (Details): A resolution to approve a lease agreement with the Elizabeth Richardson Center for property located at 2190 S. Razorback Road pursuant to the Community Development Block Grant public facility lease program.
Pass 7-0

7. City of West Fork Conveyance of Utility Easements (Details): A resolution to authorize the conveyance of utility easements to the City of West Fork for the installation of sewer lines required for the treatment of West Fork sewerage at the Noland Wastewater Treatment Facility.
Pass 7-0


Unfinished Business

1. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone (Details)

An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to convert portions of restricted residential-only parking along Locust Avenue and Lafayette Street and portions of paid-only on-street parking along Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed-use parking areas.
Tabled 6-1

Background:
This item was left on the second reading on Aug. 6.

The ordinance refers to the residential parking spaces in the Entertainment District that are currently only available for residents with a parking pass.

Staff said while several residential streets see high utilization for residential parking, others do not. Two that see particularly low utilization from residents are Locust Avenue between Spring Street and Center Street, and Lafayette Street between Campbell Avenue and Forest Avenue. Those streets have a few businesses on them and it’s an issue for employees who cannot park near their workplace.

The proposal is to convert those two street segment parking spaces to mixed-use (paid parking and residential permit). Also proposed is to convert the following paid parking street segments to mixed-use: Vandeventer Avenue between Lafayette Street and Maple Street; Lafayette Street between West Avenue and Campbell Avenue; and Church Avenue between Dickson Street and Meadow Street.

Staff said converting the two street segments with residential parking spaces to mixed-use would result in over 70 more spaces for people to park when visiting the Entertainment District without any anticipated effect on residents. With the additional three paid parking streets included in the proposal, the change would add over 50 spaces where residential permits are valid.

July 16 Discussion:
Council members Petty and Kinion said they’ve received phone calls and emails from people who are curious or skeptical about the proposed changes. They said they’re both in favor of holding this item on the first reading to allow for more public comment.

One resident who lives on Lafayette Street said she’s concerned about potentially losing residential parking spaces in front of her house, and asked the council to consider stopping the mixed-use changes at Mock Avenue instead of continuing them all the way to Forest Avenue.

The council agreed to leave the item on the first reading. The discussion will continue on Aug. 6.

Aug. 6 Discussion:
Staff said if approved, the city would monitor the spaces to evaluate use and would collect data to bring back to the council in six months.

Local residents Sterling Hamilton and Jeremy Hudson spoke in favor of the ordinance. Hudson is co-owner of Specialized Real Estate Group whose office is in downtown Fayetteville.

Council member Scroggin said he’s in favor of the proposal and said it’s a good idea to better utilize the city’s current parking spaces.

Council member Marsh said she’d like the city to consider some 15-minute parking spaces in some areas – like in front of apartment buildings – to allow people to load or unload near their residences.

Council member Kinion said he’d like to hold the item on the second reading to allow more time for the public to consider the proposal.

The council agreed to hold the item. The discussion will continue on Aug. 20.

Aug. 20 Discussion:
Council member Smith asked how long it would take to reverse this decision if it was determined to have unintended consequences. Staff said the plan is to report back to the council in six months with the results of the changes.

Four residents spoke against the proposal, all who live in the areas that would be affected by the changes. A couple spoke on behalf of five other households on Lafayette Street, and asked that spaces R93, 94 and 95 (between Campbell and Rollston avenues) remain unchanged.

Kinion said a recent study showed that there is no current need for more paid parking in this area. He said if there was an immediate need for additional parking, he’d be more inclined to consider this proposal. He said the council promised to protect the vitality of the existing neighborhoods when paid parking was first implemented in 2010, so at this point, he said he doesn’t think he’s on board with the changes. “Why are we fixing something that’s not broken?” Kinion asked.

Petty said his take from the survey is that there’s not an immediate need to construct new parking spaces, but rather a need to better manage what’s currently in place. He asked whether staff’s research noticed any added consumer demand for parking in this particular area in the evenings or if it was more aligned with daytime usage. Staff said there was no sign of increased demand in the evenings. Petty said he’s noticed the same thing, which leads him to believe that there’s an opportunity for a better use of the spaces than what’s currently in place. He asked if staff could break down parking usage by the hour.

“I’m wondering if it’s a better use of our resources to figure out a way to share these spaces that wasn’t so binary,” said Petty.

Scroggin agreed with Petty.

Turk said she used to live in a place where she sometimes had to park far away from her home, and she’s sensitive to residents who are worried about the same thing, especially those who’ve lived in the area for a long time. Gutierrez agreed with Turk.

Smith said he appreciates staff’s intention to be more efficient with parking by maximizing usage, and said it seems like if this proposal didn’t work, it would be easy enough to modify it in the future. He said he’s also fine with considering a more nuanced plan, as has been suggested tonight.

Bunch said she, too, would like more data on hour-by-hour usage before making a decision. She said she also understands the concerns of people who are worried about losing their residential parking.

Smith moved to table the item until the second meeting in September, but suggested staff look into the possibility of splitting the area into two parts – the side of the neighborhood where residents are opposed and the side where there is no opposition. He said maybe changes in the non-contentious area could be passed while the other side could be further discussed.

Kinion suggested sending the proposal to the Ordinance Review Committee between now and the next discussion. He also suggested a neighborhood meeting take place to discuss the issue. He was the only council member to vote against tabling the issue.

The discussion will continue on Sept. 17.


New Business

1. RZN 19-6716 (E. of 3638 N. Front St./Trails at Mud Creek) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6716 for approximately 10.43 acres located east of 3638 N. Front Street from C-2, Thoroughfare Commercial and I-1, Heavy Commercial & Light Industrial to CS, Community Services.
Left on the first reading

Background:
Both city staff and the Planning Commission recommend approval of this rezoning request.

With an extension of Sain Street on the horizon, the property owners would like to rezone this land from an industrial/heavy commercial district to a zoning that would allow for infill development with both residential and retail structures.

Location:

Aug. 20 Discussion:
Hugh Jarratt, an attorney with Lindsey Management and a representative for the applicant, said his team has met with city planners and floodplain specialists in planning for development of this land. He said the plan is to add pedestrian connectivity on both sides of Sain Street. He said all of the city’s longterm plans for this area call for intense infill, and he believes this is one of the most perfect scenarios for development he’s worked on in his 13 years of experience.

Smith said he’s heard from residents who are concerned about adding homes in this area because of the burden it could place on the school district by adding more students to the area. Jarratt said Lindsey’s plan is to build one- or two-bedroom units here, and the company only has a 0.1 student-per-unit ratio in those size units. He said once their tenants have families, almost all of them tend to move into a larger apartment.

The first person to speak was against the rezoning, and said the neighbors to the southeast are worried about a multi-story apartment complex that will be visible from their homes. She also said some of her neighbors would like the area to stay undeveloped since it’s close to the Mud Creek Trail, which is currently a natural-looking area.

One other person spoke against the proposal, citing fears about possible added traffic, loss of undeveloped natural space, and added students in the school district.

Kinion said if this area shifts to high-density, he’s concerned about how people will get in and out of the property since the creek and trail are to the north. He said the area is ripe for development, but he’s not sure Community Services is the proper tool for the job. He said he hasn’t yet made up his mind. “This is certainly a unique piece of property,” Kinion said. “We have a lot to think about.”

Bunch said she’s heard from a lot of residents who are worried about losing trees in the area, and the property’s proximity to the creek. She asked staff if any of this land is within the streamside protection zone. Staff said no, none of this land is within 50 feet of the creek.

Turk said it’s a complex issue that needs more time before a decision is made.

The council agreed to leave the item on the first reading. The discussion will continue on Sept. 3.


2. RZN 19-6732 (SW of E. Rock St. & Mill Ave./Southern Brothers Construction) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6732 for approximately 0.31 acres located southwest of East Rock Street and South Mill Avenue from RMF-24, Residential Multi Family, 24 units per acre to RI-U, Residential Intermediate-Urban.
Pass 7-0

Background:
Both city staff and the Planning Commission recommend approval of this rezoning request.

The property has never been developed and largely serves to provide vehicular access to the property to the south. According to city staff, the applicant has stated in their request letter that this rezoning is necessary to develop the property with single-family dwellings at a greater density.

Location:

Aug. 20 Discussion:
There was no public comment.

The council advanced the ordinance to the second reading. Turk asked the council to hold the item for another two weeks to allow public comment. Kinion said with no neighbors around this property, and no public comment whatsoever, it’s appropriate to move forward with this rezoning. Kinion moved to send the item to the third and final reading with Scroggin seconding. Only Turk and Gutierrez voted against. Mayor Jordan voted in favor of the majority.

Decision:
The council voted 7-0 to approve the ordinance.


3. RZN 19-6737 (4195 & 4245 W. Martin Luther King Jr. Blvd./Hancock) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6737 for approximately 1.81 acres located at 4195 and 4245 W. Martin Luther King Jr. Blvd. from R-O, Residential Office to UT, Urban Thoroughfare.
Left on the first reading

Background:
Both city staff and the Planning Commission recommend approval of this rezoning request.

The property is currently developed with a single-family dwelling. The applicant has not stated any development intent for the property.

Location:

Aug. 20 Discussion:
There was no public comment.

Turk asked the council to hold the item for another two weeks to allow public comment. Kinion agreed, and said he’s surprised nobody has voiced an opinion about this property since it’s in a fast-growing area. Scroggin agreed.

The council agreed to hold the item on the first reading. The discussion will continue on Sept. 3.


4. RZN 19-6744 (SE of 15th St. & Razorback Rd./Johnson-Looney) (Details)

An ordinance to rezone that property described in rezoning petition RZN 19-6744 for approximately 2.28 acres located southeast of 15th Street and Razorback Road from UT, Urban Thoroughfare and NS-L, Neighborhood Services-Limited to UT, Urban Thoroughfare, RMF-24, Residential Multi Family, 24 units per acre and NS-G, Neighborhood Services-General.
Pass 5-2

Background:
Both city staff and the Planning Commission recommend approval of this rezoning request.

The property is currently undeveloped. Staff said the applicant has stated in their request letter that this rezoning is necessary to develop the property with greater density or small businesses that compliment adjacent uses.

Location:

Aug. 20 Discussion:
There was no public comment.

Scroggin said he’s worried that this very narrow piece of property might need several curb cuts if it’s developed. Staff said it’s probably possible to build a driveway across the rear of the property and then arrange the residential buildings up next to the roadway such that curb cuts might not be needed for each individual building.

Decision:
The council unanimously advanced the item to the third and final reading, and voted 5-2 to approve it. Turk and Gutierrez voted against, but neither said why.


5. Western Oilfields Supply Company d/b/a Rain for Rent (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $21,286.85 plus applicable taxes and freight charges from Western Oilfields Supply Company d/b/a Rain for Rent for the rental of an emergency bypass pump for the Farmington Lift Station.
Pass 7-0

Background:
Staff said the Farmington wastewater lift station on Double Springs Rd. experienced recent pump failures that occurred at the same time. One was sent off for repair and the other was approved for replacement. Because they both failed at the same time, an emergency bypass pump was needed to prevent the station from overflowing. This expenditure is for a five-week emergency pump rental.

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third and final reading, and voted unanimously to approve it.


6. Hutchens Construction (Details)

An ordinance to waive the requirements of formal competitive bidding and approve bid from Hutchens Construction for replacement of the Fire Marshall Parking Lot located at 4140 S. School Ave. in the amount of $21,922.50, and to approve a project contingency in the amount of $5,000.00.
Pass 7-0

Background:
Staff said the existing parking lot has exceeded its life expectancy, and has several areas with holes and missing asphalt. This expenditure is for replacement of the parking lot.

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third and final reading, and voted unanimously to approve it.


7. Entertainment District Boundaries (Details)

An ordinance to establish boundaries for an Entertainment District in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places.
Left on the first reading

Background:
This is a proposal to establish rules and boundaries where residents could drink alcohol at special events and festivals without having to stay inside a fenced-in beer garden (see our story from last week).

It is a reaction to recently adopted Arkansas legislation that allows municipalities to create designated entertainment districts inside commercial areas that are exempt from state laws which prohibit public alcohol consumption.

Mountain Home was the first Arkansas city to take advantage of the new state law. In Mountain Home, people can drink in public in the entertainment district every day from 4:30 p.m. to midnight.

Fayetteville’s proposal is far more restrictive, and only allows outdoor consumption of alcohol during special events authorized by the mayor.

Alcohol would be allowed at longstanding special events, including the Saturday Farmers’ Market, First Thursday and Lights of the Ozarks.

Proposed rules:

  • Open containers would only be allowed on streets that are closed to traffic.
  • Open containers must be inside a compostable or reusable cup.
  • Only one drink is allowed at a time.
  • Containers are limited to 16 ounces or less.
  • Drinks from one bar can’t be taken into another bar.
  • Drinks are not allowed in other private establishments without the consent of the owner.
  • Drinks can only be consumed if they’re purchased from a vendor inside the entertainment district.

Proposed map:

Aug. 20 Discussion:
City Attorney Kit Williams said the police department and mayor have suggested an amendment to the ordinance that requires any alcohol permittee to place a wristband on anyone who takes an open container out into public.

Smith said he’s not against the idea of armbands, but he’s skeptical of how effective they’ll be in their implementation across several establishments with regards to style, color, etc.

Jordan suggested the amendment be more generic in language, so that any identifier could be used by a police officer to determine the age of a person, such as a stamp.

Scroggin moved to change the word “wristband” to “designated physical identifier.”

The amendment was passed unanimously.

Petty said he’s concerned that nobody from the city or council has spoken with the businesses that will be impacted from this decision. He said a conversation with business owners could be helpful in this discussion.

Mayor Jordan said he’s fine with holding this item for two weeks to allow some time to talk to business owners.

During public comment, one person – a representative from the Fayetteville Chamber of Commerce – spoke in favor of the ordinance. Nobody else from the public spoke.

The council agreed to hold the item on the first reading. The discussion will continue on Sept. 3.


8. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone Ila Street (Details)

An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to expand residential-only parking in the north zone of the Entertainment District Parking Zone.
Left on the first reading

Background:
This was proposed by Council Member Mark Kinion.

Kinion said now that the sororities adjoining Ila Street have been expanded, the number of sorority members attending meals and meetings has increased, which has placed increased parking burdens on the nearby residential streets. Kinion has proposed to expand the Residential Parking Permit area to an additional block on Ila Street and two blocks on Vandeventer Avenue to give residents more places to park near their homes.

Discussion:
The neighbors say the student apartment complexes that were recently built, and sorority homes that were recently expanded have led to a lot of people parking in the nearby neighborhoods, some who park on the wrong side of the roads and others who block driveways and intersections.

Kinion said he lives in this particular neighborhood and he can attest to what the neighbors are saying. He said the issue has exploded recently, and has led to a host of issues. He said it’s not uncommon for residents to miss out on getting their trash bins emptied because of the parking issues on the streets.

Residents who spoke about this suggested adding more streets to the program, such as Louise Street from Wilson Avenue to Park Avenue. Others said adding a new street to the program won’t solve the issue, but will just push the problems further to the next street over.

Petty said the proposal could be too broad, and spoke in support for potentially implemented paid parking spaces that residents could purchase, as was suggested by some neighbors. He said he’s worried about expanding the residential area too close to Wilson Park, which a lot of the public uses.

Some have asked that this item not be voted on tonight in order to allow more time to work through this issue. Mayor Jordan said he doesn’t expect a final vote tonight.

The council agreed to hold the item on the first reading.


9. Amend § 110.03 Small Cell Facilities and Networks (Details)

An ordinance to amend § 110.03 Small Cell Facilities and Networks, and to declare an emergency.
Pass 7-0

Background:
In 2017, the city enacted an ordinance to provide for the permitting of small cell structures in accordance with FCC rules and with guidance from the National League of Cities. In developing the ordinance, an internal city team reviewed similar ordinances from other cities, and met with small-cell providers who reviewed draft language for the ordinance.

Staff said subsequently, the FCC issued an industry-backed declaratory ruling that included several preemption provisions, including a “shot clock” for time limits for processing applications and limiting fees that local governments can charge providers to use the city’s right of way. The FCC ruling is currently being challenged and legislation has been introduced in Congress to reverse the order. Additionally, the Arkansas State Legislature in the 2019 session enacted Act 999, “To Establish the Small Wireless Facility Deployment Act,” which added Arkansas to over 20 states that had previously enacted legislation to pre-empt local authority in this same manner. Act 999 is set to take effect Sept. 1, 2019.

Discussion:
There was no public comment.

Decision:
The council advanced the item to the third and final reading, and voted unanimously to approve it with an emergency clause.


Adjourned

This meeting was adjourned at 9:53 p.m.