HomeMy WebLinkAbout96-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 96-17
File Number: 2017-0195
UNIVERSITY OF ARKANSAS, WEST HOTZ DRIVE:
A RESOLUTION PURSUANT TOORDINANCE NO. 5652 TO AUTHORIZE MOTOR VEHICLE
ACCESS TO WEST HOTZ DRIVE FROM PROPERTY OWNED BY THE UNIVERSITY OF
ARKANSAS
WHEREAS, the City Council passed Ordinance No. 5652 on January 21, 2014, vacating certain platted
rights of way and an alley with the condition that no motor vehicles could enter or exit onto Hotz Drive
from the parcels of land near the vacated rights of way without City Council approval in the form of a
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes motor vehicle
access to West Hotz Drive from property owned by the University of Arkansas as shown on the map
attached and labeled Exhibit A.
PASSED and APPROVED on 4/18/2017
Page 1
Attest:
,yo noL"2'ry�z�-
Sondra E. Smith, City Clerk Trea {t %J1111111 1110
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0195
Agenda Date: 4/18/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 7
UNIVERSITY OF ARKANSAS, WEST HOTZ DRIVE:
A RESOLUTION PURSUANT TO ORDINANCE NO. 5652 TO AUTHORIZE MOTOR VEHICLE
ACCESS TO WEST HOTZ DRIVE FROM PROPERTY OWNED BY THE UNIVERSITY OF
ARKANSAS
WHEREAS, the City Council passed Ordinance No. 5652 on January 21, 2014, vacating certain platted
rights of way and an alley with the condition that no motor vehicles could enter or exit onto Hotz Drive
from the parcels of land near the vacated rights of way without City Council approval in the form of a
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes motor vehicle
access to West Hotz Drive from property owned by the University of Arkansas as shown on the map
attached and labeled Exhibit A.
City of Fayetteville, Arkansas Page 1 Printed on 4119/2017
Legistar ID No.: 2017-0195
AGENDA REQUEST FORM
FOR: Council Meeting of April 18, 2017
FROM: City Council Transportation Committee
City Council Member Matthew Petty, Chair
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION PURSUANT TO ORDINANCE NO. 5652 TO AUTHORIZE MOTOR
VEHICLE ACCESS TO WEST HOTZ DRIVE FROM PROPERTY OWNED BY THE
UNIVERSITY OF ARKANSAS
APPROVED FOR AGENDA:
Cit Council Member tthew Petty
po ation Commit e Chair
Asst. City Attorney Blake Pennington
W fic) zor
Date
44 /5/ I
Date
City of Fayetteville Staff Review Form
2017-0195
Legistar File ID
4/18/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Trans. Committee -Matthew Petty, Chair 3/31/2017
City Council /
General Government Department
Submitted By Submitted Date Division / Department
Action Recommendation:
A Resolution Pursuant to Ordinance No. 5652 to Authorize Motor Vehicle Access to West Hotz Drive from Property
Owned by the University of Arkansas
Budget Impact:
Account Number
Project Number
Budgeted Item? Current Budget
Funds Obligated
Current Balance
Does item have a cost? Item Cost
Budget Adjustment Attached? Budget Adjustment
Remaining Budget
Fund
Project Title
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
Legistar ID No.: 2017-0195
AGENDA REQUEST FORM
FOR: Council Meeting of April 18, 2017
FROM: City Council Transportation Committee
City Council Member Matthew Petty, Chair
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION PURSUANT TO ORDINANCE NO. 5652 TO AUTHORIZE MOTOR
VEHICLE ACCESS TO WEST HOTZ DRIVE FROM PROPERTY OWNED BY THE
UNIVERSITY OF ARKANSAS
APPROVED FOR AGENDA:
City Council Member Matthew Petty
Tr orttrtion Committee Chair
Asst. City Attorney Blake Pennington
Date
L4-6-1
Date
CITY OF
Ta'y ii
ARKANSAS I e
MEETING OF APRIL 18, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: City Council Transportation %C�ommmittee
FROM: Chris Brown, City Engineer '-r
DATE: March 31, 2017
SUBJECT: A Resolution Pursuant to Ordinance No. 5652 to Authorize Motor Vehicle
Access to West Hotz Drive from Property Owned by the University of
Arkansas
RECOMMENDATION:
This proposed resolution has been forwarded to the City Council by the City Council
Transportation Committee. The Committee voted 3-1 to -forward the resolution to the Council for
consideration. No recommendation of either approval or denial was made with this vote.
BACKGROUND:
In 2013, the University of Arkansas (UA) requested approval to vacate several segments of City
right of way, to allow construction of a parking lot along the west side of Razorback Road,
between Center Street and Hotz Drive. In January 2014, the City Council approved this
vacation request as Ordinance 5652, and included as a stipulation in the ordinance that "There
shall be no motor vehicle -entrance or exit onto Hotz Drive from this parcel now or in the future
without express City Council approval in the form of a resolution."
DISCUSSION:
In mid -2016, in response to complaints from citizens on Palmer Avenue, the Transportation
Committee began reconsideration of the connection to Hotz Drive. City staff collected data on
traffic counts entering and existing the parking lot, and presented those results to the
Committee. Results of this data collection are attached, and additional traffic count information
is being collected and will be available by the City Council date.
On March 28th, the Transportation Committee voted to forward a resolution approving access to
Hotz Drive to the full Council, with no recommendation.
Attachments:
Traffic Analysis Memo and Maps
Ordinance 5652
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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TO: Chris Brown, P.E., City Engineer
FROM: Matt Casey, P.E., Engineering Design Manager
DATE: 11/3/16
SUBJECT: Traffic Observations for U of A Parking Lot
STAFF MEMO
On Friday, September 30, 2016, Monday October 31, 2016 and Wednesday November 2, 2016,
City of Fayetteville Engineering staff gathered data on traffic exiting the newly constructed
University of Arkansas parking lot on Razorback Road. The parking lot is located between
Center Street and -Hotz Drive, west of Razorback Road. The movements that were observed
were east and west bound at the Meadow Street intersection with Razorback Rd., turns in and
out of the newly constructed portion of Graham Ave., and north turning movements off of Center
street west of Graham onto Palmer and Hartman Avenues. The observation occurred from 3:00
to 5:00 p.m._ on 9/30 and at 9:00 to 10:00 a.m. and 1:00 to 2:00 p.m. on 10/31 and 11/2.
During the a.m. times observed, there were a total of 162 vehicles that entered the parking lot.
63 of these vehicles entered on Meadow Street from Razorback Road. The remaining 99
vehicles entered from the south on -Graham Avenue from Center Street. Of these 99 vehicles,
46 were coming from the east from Razorback Road, 45 were coming from the south on
Graham Street, and 9 were coming from the west on Center Street from Palmer or Hartman.
During the p.m. times observed, there were a total of 315 vehicles that exited the parking lot.
166 of these vehicles exited on Meadow Street to Razorback Road. The remaining 149
vehicles left to the south on Graham Avenue to Center Street. Of these 149 vehicles, 63
headed east to Razorback Road, 58 continued south on Graham Avenue and 28 turned west on
Center Street. 8 of these 28 west bound vehicles were observed to turn north from Center
Street onto Palmer or Hartman Avenues.
In addition to the parking lot traffic, there were 66 vehicles that turned west onto Center Street
from the north bound lanes of Razorback Road. Of these 66 west bound vehicles, 12 turned
north from Center Street onto Palmer or Hartman Avenues.
Based on the data gathered, the following conclusions have been made:
1) 53% of the vehicles leaving the parking lot are going directly onto Razorback Road by
Meadow Street, 47% exit to Center Street.
2) 73% of the vehicles leaving the parking lot end up on Razorback Road by either
Meadow Street or Center Street.
3) 9% of the vehicles leaving the parking lot turn west onto Center Street.
4) 8 of the vehicles leaving the parking lot going west on Center Street turn north onto
Palmer or Hartman Avenues, which is less than 3% of the total number of vehicles
leaving the parking lot.
Mailing Address:
113 W. Mountain Street wvvw.fayetteville-ar.gov
Fayetteville, AR 72701
5) 39% of the vehicles entering the parking lot are coming directly from Razorback Road by
Meadow Street, 61 % enter from Center Street.
6) 67% of the vehicles entering the parking lot come from Razorback Road by either
Meadow Street or Center Street.
7) Less than 6% of the vehicles entering the parking lot come from the west on Center from
Palmer or Hartman.
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Doe ID: 015590260005 Type: REL
Kind: ORDINANCE
Recorded: 02/10/2014 at 11:00:28 AM
Fee Amt: $35.00 Pape i of 5
Washington county, AR
Kyle Sylvester Circuit Clerk
File2014-00003108
ORDINANCE NO. 5652
AN ORDINANCE APPROVING VAC 13-4516 SUBMITTED
BY DEVELOPMENT CONSULTANTS, INCORPORATED FOR
PROPERTY LOCATED WEST OF RAZORBACK ROAD AND
NORTH OF CENTER STREET TO VACATE THE RIGHT-OF-
WAY OF BRENDA DRIVE, COURT STREET, WALTON
STREET, AND A THIRTY FOOT WIDE ALLEY OFF OF HOTZ
DRIVE.
WHEREAS, the City Council has the authority under A.C.A. § 14-301-301 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council -has determined that the following described portions of
the platted right-of-ways and alley are not required for corporate purposes; and
WHEREAS, all property abutting said right-of-ways. are owned by the University of
Arkansas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described right-of-ways in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3: That this vacation approval is subject to the Condition of Approval and shall
not be in effect until the condition is met.
1. There shall be no motor vehicle entrance or exit onto Hotz Drive from this parcel now
or in the future without express City Council approval in the form of a resolution.
2. All right-of-ways shall be retained as general utility easements.
3. Any relocation or, or damage to any existing utility facilities shall be repaired at the
property owner's expense.
11
Page 2
Ordinance No. 5652
PASSED and APPROVED this 21St day of January, 2014.
APPROVED;
ATTEST:
B
41(YNF,%
AN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT 'A'
VAC 13-4516 U OF A
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_ Fayetteville City Limits NELESkIPST
JMXJ,VAC13-4516
Footprints 2010
Hillside -Hilltop Overlay District
Design Overlay Di >trict
Design Overlay Di ,trict
Planning Area 0 100 200 400 600 800
l
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith Taye V... T itle
ARKANSAS
City of Fayetteville Arkansas
City Council Meeting Minutes
December 17, 2013
City Council Meeting Minutes
December 17, 2013
Page 1 of 26
Aldermen
Ward 1 Position 1— Adella Gray
Ward 1 Position 2 — Sarah Marsh
Ward 2 Position 1 —Mark Kinion
Ward 2 Position 2 —Matthew Petty
Ward 3 Position 1 —Justin Tennant
Ward 3 Position 2 —Martin W. Schoppmeyer, Jr,
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2 —Alan T. Long
A meeting of the Fayetteville City Council was held on December 17, 2013 at 6:00 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin
Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, .Proclamations and Reco" tions:
Mayor Jordan asked the students from Ms. Shay Hopper's Woodland Junior High School 9th
Grade Pre -AP -Civics class to stand and be recognized.
Don Marr, Chief of Staff presented an award to the City of Fayetteville Information Technology
Department. He stated the National League of Cities selected the City of Fayetteville in our
population category. They selected ten of the top cities for the use of technology, citizen
engagement, ability to interact with the public, both in transactions through electronic means. The
City of Fayetteville came in second only to Palo Alto, California in the Silicon Valley. He stated
we are extremely proud of our IT Department. We received kudos for the creative minds at the
city. This is a huge award and we are extremely proud of their work. We would also like to thank
the Council for your budget authorizations in technologies over the last several years. We
appreciate your support.
Ci Council Meeting Presentations Reports and Discussion Items:
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayettevi Ile, o rg
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City Council Meeting Minutes
December 17, 2013
Page 2 of 26
City Board of Health — Appointments must be made by the mayor and approved by the City
Council to serve during the term of the appointing mayor.
Mayor Jordan read the City Board of Health appointment and recommended Shana Kasparek.
A copy of the report is attached.
Public Facilities Board - Members must be nominated by a majority of the board and appointed
by the mayor subject to confirmation of the governing body of the City.
Mayor Jordan read the Public Facilities Board appointment and recommended Hugh Earnest.
A copy of the report is attached.
Nominating Committee Report: Alderman Gray read the Nominating Committee Report and
recommended the appointments as submitted.
A copy of the report is attached.
Alderman Gray moved to approve the Nominating Committee Report, City Board of Health
appointment and the Public Facilities Board appointment. Alderman Tennant seconded the
motion. Upon roll call the motion passed unanimously.
Agenda Additions: None
Consent:
Approval of the December 03, 2013 City Council meeting minutes.
Approved
Police Department Policy: A resolution approving Fayetteville Police Department policy 41.2.9
Foot Pursuit.
Resolution 249-13 as recorded in the office of the City Clerk
Cruse Uniform and Equipment, Inc.: A resolution awarding RFP #13-17 and approving a
contract with Cruse Uniform and Equipment, Inc. to serve as quartermaster for the Police
Department.
Resolution 250-13 as recorded in the office of the City Clerk
Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment
in the total amount of $3,050.00 recognizing donation revenue to the Fayetteville Police
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteviIle. org
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City Council Meeting Minutes
December 17, 2013
Page 3 of 26
Department in support of officer service awards, general recognition and repair of the vandalized
police memorial monument.
Resolution 251-13 as recorded in the office of the City Clerk
Safeware: A resolution approving the purchase of a hazardous materials decontamination tent
from Safeware through a cooperative purchasing agreement, in the amount of $42,060.74, and
approving a budget adjustment.
Resolution 252-13 as recorded in the office of the City Clerk
Bid #13-54 College Shoe Shop: A resolution awarding Bid #13-54 and approving an agreement
with College Shoe Shop in the amount of $22,000.00 for the purchase of wildland firefighting
boots for the Fire Department.
Resolution 253-13 as recorded in the office of the City Clerk
General Construction Solutions, Inc. Change Order No. 3: A resolution approving Change
Order No. 3 to the contract with General Construction Solutions, Inc. in the amount of $7,009.00,
and approving an additional project contingency in the amount of $700.00, for the construction of
improvements to Mount Sequoyah Gardens.
Resolution 254-13 as recorded in the office of the City Clerk
CDBG Public Facility Lease Program: - A resolution approving an amendment to the lease
agreement with Prism Education Center for 2190 S. Razorback Road which is part of the CDBG
Public Facility Lease Program,
Resolution 255-13 as recorded in the office of the City Clerk
A&P Bond Special Election: A resolution approving a budget adjustment in the amount of
$14,000.00 to provide funding for payment of costs related to the A&P Bond Special Election.
Resolution 256-13 as recorded -in the office of the City Clerk
Alderman Gray moved to approve the Consent Agenda as read. Alderman Tennant
seconded the motion. Upon roll call the motion passed unanimously.
Public Hearin
Mayor Jordan opened the Public Hearing
Razing and Removal Costs for 515 E. Township Street: A resolution certifying to the Tax
Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and
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City Council Meeting Minutes
December 17, 2013
Page 4 of 26
unsafe structure upon the property owned by Marshall Aaron Mahan located at 515 E. Township
Street in the City of Fayetteville, Arkansas.
Chad Ball, Code Compliance Administrator gave a brief description of the resolution.
Mayor Jordan closed the Public Hearing
Alderman Long moved to approve the resolution. Alderman Kinion seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 257-13 as recorded in the office of the City Clerk
Mayor Jordan opened the Public Hearing
Razing and Removal Costs for 1717 S. Stirman Avenue: A resolution certifying to the Tax
Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and
unsafe structure upon the property owned by Mary Lou Guthery located at 1717 S. Stirman Avenue
in the City of Fayetteville, Arkansas.
Chad Ball, Code Compliance Administrator gave a brief description of the resolution.
Aubrey Shepherd: If the City has a lien on it and it goes up for sale, we should try to purchase
that land because it is in the flood plain.
Chad Ball: This is the final few steps. It puts a lien on the property to recoup the cost that the
city incurred to correct the violation which was an unsafe building.
Aubrey Shepherd: This would be a suitable place that would not cost much to develop as a
garden.
Alderman Marsh: Aubrey raises a really good point. This parcel is actually going to be located
on our future trail extension and it is in an area where a lot of people are struggling with food
insecurity. A community garden would be a tremendous asset to that neighborhood. I would like
to see us take some action to implement Aubrey's vision for this sight.
Alderman Marsh: How do we go about making a community garden?
City Attorney Kit Williams: The lien only gives us the right to recoup our cost if the property is
sold. It doesn't give us any property interest in the land itself. If the City Council wants to buy
land then you can appropriate the money for it and offer to purchase it from the owner.
Alderman Marsh: Maybe we add that to our list for our Parks Department for consideration?
Mayor Jordan closed the Public Hearing
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Alderman Schoppmeyer moved to approve the resolution.
motion. Upon roll call the resolution passed unanimously.
Resolution 258-13 as recorded in the office of the City Clerk
Mayor Jordan opened the Public Hearing
City Council Meeting Minutes
December 17, 2013
Page 5 of 26
Alderman Adams seconded the
VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): Public
hearing on the petition of the University of Arkansas to vacate Brenda Drive, Court and Walton
Street and alley.
Jay Young, Development Consultants: I don't have any comment at this time. When the
ordinance comes up I will be available to give my comments at that time.
Mayor Jordan closed the Public Hearing
Unfinished Business:
VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An
ordinance to approve the University of Arkansas' petition to vacate Brenda Drive, Court Street,
Walton Street and a thirty foot wide alley all within property owned by the University of Arkansas.
This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting.
This was left on the Second Reading and Tabled to the December 17, 2013 City Council meeting.
Alderman Tennant moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Long: We discussed this at the Ward 4 meeting. The easement on the north side is
directly across from a street called Thomas. Thomas is a very narrow street that two cars can't pass
at the same time on and can't handle additional traffic. I have heard from multiple constituents that
would like the north entrance of Hotz to remain closed. This will also help prevent traffic filtering
from the parking lot back in through the neighborhood which has very narrow streets. I would like
to make an amendment to the conditions of approval. It would be a condition of approval number
four, stating that the north side of the property will not have an outlet or entrance onto Hotz.
Alderman Long moved to amend the ordinance to state on the north side no outlet onto Hotz
Drive. Alderman Adams seconded the motion.
Alderman Petty: I would like to hear from the University or the representative how the
amendment would impact their plans.
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City Council Meeting Minutes
December 17, 2013
Page 6 of 26
Jay Young, Development Consultants: City Planning is in agreement that the policy of
connectivity, that the city has, should be maintained. They are not in favor eliminating this
connection to Hotz Street. The day to day traffic that we are anticipating for these parking lots is
going to consist mainly of two different characters of parkers. There will be some long term
student parking. Those students will leave their car for the whole week. It won't be come and go
traffic for those types of parkers. The other types of parkers we anticipate using the parking lots
during the day time are going to be students, staff and faculty parking. Those students, staff and
faculty parking are more of a come and go throughout the day type traffic. It's not going to be a
mad rush in the morning and evening. They are going to be filtering in and out throughout the day.
Those people who are going to be traveling from off campus to park here will most likely take the
most direct route to these parking lots. The most direct route will be to come right down Razorback
Road. We don't anticipate people trying to meander through winding neighborhoods to get back
out to a main road somewhere.
This parking lot as a U of A parking lot will be for permit parking during daytime hours on Monday
through Friday, 7:00 a.m. to 5:00 p.m. -Outside of those hours this is open to anybody to park in
which will be a benefit to these neighborhoods. The connection at Hotz specifically we see that as
-a benefit to the neighborhoods. Those people that are in these neighborhoods now that have to
travel outside of their neighborhoods daily, as they leave, they have to go to an uncontrolled
intersection at Hotz and Razorback. When we put this connection in, those travelers will be able
to turn, go down the new road and have a traffic signal. It will be a controlled way to turn right or
left onto Razorback Road. We see that as a benefit for these neighborhoods.
We are -putting in sidewalks and pedestrians will benefit. Pedestrians will be able to walk to the
same controlled intersection and safely cross the road. During athletic events this is going to be an
athletic parking lot. There will be at those times a large amount of parkers who .will be entering
and leaving. That is no different than what we have today.
By eliminating this connection on the north, with 850 to 900 parking spaces, it will severely limit
the ability for people to efficiently maneuver in and out of these parking lots. It gives greater
flexibility in case one of these entrances are ever blocked for an emergency of any kind. I would
ask the Council not to accept the amendment.
A discussion followed on possible access points for this parking area.
Alderman Long: At the Ward 4 meeting, Jay Hunnicutt had indicated to Alderman Adams and
myself that he would be willing to work with the idea of closing the entrance on Hotz.
Jay Young: My conversations with the University is that they would prefer not to close the
intersection on Hotz. It is a benefit to their project and they would like it to remain open.
Alderman Marsh: Would the University be willing to fund some sidewalk and street
improvements on Thomas Avenue in exchange?
Jay Young: I wouldn't be able to speak to that. That is not currently in the portion of the project
that our firm is working on.
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Alderman Marsh: It seem that we have some valid pedestrian safety issues there. Maybe if we
could provide a safe route for those pedestrians that might alleviate some of the concerns of the
neighborhood.
City Attorney Kit Williams: Any condition that the City Council would want to place upon a
vacation should be tied directly to the effect that the vacation might be having. If the City Council
determines that there is a direct effect upon something then you can place a condition to try to
remedy that effect. It needs to be tied to the vacation and not just because we might need it for
some other reason.
Alderman Marsh: It seems like a large volume of cars being discharged onto that street would
create a direct impact on the pedestrian safety there.
City Attorney Kit Williams: It is up to the City Council to determine that.
Jay Young: We don't anticipate there is going to be this large volume of cars other than on those
six major football games. There is already a large volume of cars and those streets that handle it
now will continue to handle it.
Alderman Marsh: Do you anticipate any increase in pedestrian traffic along north Thomas
Avenue to people who are accessing their cars in that parking lot?
Jay Young: Most of the people who are going to park here are going to be University students
and staff. There are no facilities that are due north along Thomas Avenue. Most of .those people
are probably going to go on the existing sidewalks and continue to walk to the east to access the
locations where they are headed.
A discussion followed regarding pedestrian traffic for the area.
Alderman Petty: At the beginning of the gentleman's statement he mentioned that staff was
supportive of the University's planned connection to Hotz based on our connectivity policy. Please
explain what that policy is, why we have it and why you are supporting this plan based on it.
Jeremy Pate, Director of Development Services: We have a strong policy of connectivity with
our streets. We no longer allow dead end streets, cul-de-sacs, and gated communities. We have a
strong policy of connecting streets in both neighborhoods and commercial properties. The reasons
behind that are founded in distribution of traffic. The more points you can distribute traffic in an
area it reduces congestion on any one road network. Staff is strongly supportive of connecting the
streets. The Planning Commission voted 8-0 in support of the policy.
Debra Boddington, Ward 4 resident voiced her opinion and addressed her concerns about street
connectivity due to neighborhood traffic.
Spouse of Debra Boddington stated he supports and echoes his wife's remarks. He stated if
connectivity is the goal, then he would like the Council to consider improving Thomas Avenue
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where it can be passable by two vehicles. He stated if safety for citizens is a concern then Thomas
Avenue needs to be fixed.
Alderman Adams: When we vote to vacate streets, those items don't come to the Street
Committee. It would be wonderful if we had a Street Committee meeting to consider this and hear
from our City Engineer who does a fabulous job with our street planning.
City Attorney Kit Williams: Certainly if it's tabled, then the item can be referred to the Street
Committee.
Alderman Petty: Thank you for your suggestion. At the start of this I was against the amendment
and now I am waffling. The points that have made about pedestrian safety are especially salient. I
can't say that I am in complete support of the amendment yet. I would like the opportunity to try
and find some middle way to some of these pedestrian improvements that have been mentioned.
Also, perhaps keeping the north -south alignment from being too perfect which is a conversation
with the Transportation Committee. I defer to the Ward 4 aldermen on the issuing of tabling, but
my preference would be to table it with the amendment not being voted on yet.
Alderman Kinion: I have been cutting through this neighborhood for the past 41 years. For those
of us who are native to the area that are always looking for short cuts, this isn't an engineering
puzzle, this is a neighborhood situation. To think we have 900 parking spaces that are going out
onto Palmer where there is a crazy five way intersection. We need to seriously look at the
topography here as well as the narrowness of the streets. Hotz is a precarious street going into the
neighborhood. There can be improvements the topography is interesting on how you would
improve it. It is not an engineering puzzle. I think it valid to discuss this from a neighborhood point
of view. I support this amendment and want to hear more input on it. I believe it is fine to go in
front of another committee and to table it. He stated it is a real concern because there are 900
vehicles.
Mike Johnson, Ward 2 and Associate Vice Chancellor for Facilities at the University: I am an
engineer and I look at engineering solutions. There are not 900 cars going out through the
neighborhood and there won't be 900 cars. The net of what is going on is about 600 to 700 cars.
As we build this we are trying to create connectivity and to have vehicles flow in different
directions so all 900 don't go in any one direction, let alone Hotz. We are putting sidewalks on all
these street links on both sides. We need a multitude of streets where people can spread the 900
cars. Rather than trying to design by ordinance and amendment, let the Planning Department work
with us. Whatever we do on the north side of the parking lot, the city needs to deal with
improvements on Thomas Avenue. The roads should not be designed for five or six football games
a year.
Mr. Johnson discussed the traffic flow, the intersections and the sidewalks in this area.
Alderman Petty: You would like us to table this to have an opportunity to address the entrance
on the north side?
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Mike Johnson: No. What I am suggesting is that we move forward and allow the Planning group
for the city to work with us. We have all heard the concerns and issues and see what we can do to
properly direct traffic.
Alderman Long: If those spaces tum over every day we could be looking at 1,400 to 2,100 cars
filtering into the neighborhoods every day.
Mike Johnson: No sir.
Alderman Long: Being an experienced person that lives in this area, I have to say that I don't
agree with you that the traffic is going to go to Razorback if we have this entrance. If we move
forward and pass this tonight, we don't have any control at this government level and we wouldn't
have a say so after this. I would be fine tabling it, removing the amendment and sending it to the
Transportation Committee. I would like this governing body to have a say in this and we don't
have that say if we move forward right now.
Alderman Petty: Can you characterize the impacts this would have on your project if we were to
table it.
Mike Johnson: In my ten years, we have made it work and try to work with everybody. We don't
always agree, but we normally come up with a solution that reaches a consensus. If we want to go
back to Transportation Committee, we can go back and work with it. I think there are some ways
to force traffic to go to Razorback, but still allow an entry going south so that people can both get
into the parking. People are going to want to go the signals so they can merge into traffic. I am
committed to trying to make traffic to go to Razorback, because that is where it needs to go.
Alderman Petty: To follow up on that with the attorney. You mentioned earlier that we were
entitled to impose conditions on the vacation if they were relevant. Would imposing conditions for
restricted turning movements be considered relevant?
City Attorney Kit Williams: It is your call whether it is relevant. I would be happy to try to
defend you if someone challenged the discretion of the City Council in determining that was in
fact a necessary condition in order to protect the health and safety of citizens.
Alderman Petty: Thank you. Based on what we have heard tonight, my preference would be to
impose a condition of restricted turning movements so that nobody could exit on the north
intersection. They would only be able to turn right and also only be able to turn in left there.
Mayor Jordan: What we have before us now is an amendment to close the north entry way.
Alderman Marsh: I would like to see us table it without the amendment. I don't feel like I can
support the amendment at this time, not to say I couldn't in the future. I appreciate the concerns
about trying to direct the exit traffic out to Razorback, but that doesn't do anything about the
entrance traffic. I would like to see drawings that showed the proposed configuration next to the
proposed Razorback Road improvements so that we could see the long term.
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Mike Johnson: Those designs aren't completely done with the AHTD, nor is our parking lot
design completely finished.
Alderman Marsh: You were saying that you had turn lanes planned and signal warrants. I would
like to see that information because it is relevant to this decision and I don't feel comfortable just
trusting the University and the Planning staff in turning over the Council's ability to weigh in on
this decision at this point.
Mike Johnson: The University -has nothing to do with the design of Razorback Road. It's done
to AHTD and Federal standards.
Mayor Jordan: Let's go back to the amendment. If the amendment fails that does not mean the
City Council can't table this and discuss this further. You don't have to pass it tonight. We do have
to decide on this amendment or pull the amendment. The University has already said that they are
willing to go back and look at this again.
Don Marr, Chief of Staff: In a point of order, anyone can make a motion to table and it is the
overriding motion- regardless of what amendment is on the table.
Mayor Jordan: That is true.
Alderman Adams moved to table the ordinance to the January 21, 2014. Alderman Long
seconded the motion.
A discussion followed about the amendment and tabling of the item.
Upon roll call the motion to table failed 3-5. Alderman Marsh, Adams, and Long voting yes.
Alderman Kinion, Petty, Tennant, Schoppmeyer, and Gray voting no. -
After discussing the previous amendment of no outlet on the north side onto Hotz Drive the
motion to amend was withdrawn.
Alderman Petty: The motion I have is in regards to the northern ingress -egress. The motion is to
restrict exiting turning movements- to right turning movements only and turning movements into
the parking lot to left turning movements only. It would have the effect of restricting traffic from
the west.
Alderman Petty moved to amend the ordinance to restrict exiting turning movements to right
turning movements only and turning movements into the parking lot to left turning
movements only. Alderman Long seconded the motion. There was no vote on the motion.
Jay Young: My comment would be on the left entrance only. This would be a very awkward
movement and I ask you to reconsider. Let your amendment be for the right turning movements
as the exit to go to Razorback only and not restricted to left turn into this roadway.
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Alderman Petty: I am not going to adjust my motion. Those who live in the neighborhood can
use the street to the west to access the signal on Razorback. I don't see that as cause for concern.
Alderman Long: It will teach people that are trying to cut through the neighborhood to get into
that parking lot off of Hotz, that it is not an entrance they can use. This is what we desire to achieve
tonight.
Jay Young: As Mr. Kinion knows, he has been cutting through there for a long time. Whether
you have an entrance on Hotz or not, people are still going to cut through. What it does is limit the
ability of the turning movement on Hotz, which I understand is the intent of the amendment. The
restricting to a left turn off the westbound traffic is an awkward movement from an engineering
perspective.
Alderman Kinion: The more stoplights you put on Razorback the more I am going to cut through
the neighborhood.
Alderman Marsh: We have serious pedestrian safety concerns in this neighborhood, especially
along north Thomas Avenue. I noticed there is another University parking lot with entrances and
exits along north Thomas Avenue. I would like to see this sent to the Street Committee and look
for opportunities for some cost sharing with the University to make sure their students have a safe
route to and from school through these parking lots.
Alderman Adams: I agree. I don't know if it is appropriate for us to ask for input from our own
City. I would like for this to be a win/win for the University and for the City. I do trust the
University. Mike has done what he said he would do on everything, but we need something in
writing that we can all look at. We need to have some drawings and input from our own engineer.
If there is no rush, what is wrong with tabling this?
City Attorney Kit Williams: My only caution to the City Council is to make sure that everything
works together as you wish. I would like to ask our City Engineer about how .we would allow left
turns and not allow any right turns. What kind of construction would you have to do on Hotz
Drive?
Chris Brown, City Engineer: We would have to restrict access somehow on Hotz. It is a challenge
and something we would really have to look at. If you allow left turns, then the right turns follow
in line. I don't have a good solution right now.
City Attorney Kit Williams: I think it would serve us to go to the Transportation Committee and
meet with the engineers and try to get a good exhibit in more detail. I would like more input from
the City Engineer as well as the University Engineer to see how what you want can be
accomplished.
Mike Johnson: The University would like to request that this go back to the Transportation
Committee so that we can meet with Planning, engineers and representatives from the Council.
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Debra Boddington stated due to the complication of the issue she would like to get a better visual,
more information and input from experts for the project.
David, Spouse of Debra Boddington voiced his opinion about entrances, exits and traffic flows.
Aubrey Shepherd voiced his opinion about maps for the project.
Alderman Adams moved to table the ordinance to the January 21, 2014 City Council
meeting. Alderman Long seconded the motion. Upon roll call the motion passed
unanimously.
This ordinance was left on the Third Reading and Tabled to the January 21, 2014 City Council
meeting.
Amend Chapter 178: An ordinance to repeal § 178.03 Sidewalk Vendors and enact a replacement
§ 178.03 Sidewalk Vendors and Food Trucks and to repeal § 178.04 Outdoor Mobile Vendors
Located on Private Property and enact a replacement § 178.04 Outdoor Mobile Vendors Located
on Private Property. This ordinance was left on the First Reading at the November 19, 2013 City
Council meeting and tabled to the December 17, 2013 City Council meeting.
Alderman Marsh moved to table the ordinance to the January 21, 2014. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
This ordinance was left on the First Reading and Tabled to the January 21, 2014 City Council
meeting.
ADM 13-4450 (Pratt Place Inn): An ordinance amending a Commercial Planned Zoning District
entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section .1. This
ordinance was left on the First Reading at the November 19, 2013 City Council meeting. This
ordinance was left on the Second Reading at the December 3, 2013 City Council meeting.
Alderman Tennant moved to suspend the rules and go to the third and final reading.
Alderman Adams seconded the motion. Upon roll call the motion passed 7-0. Alderman
Petty was absent during the vote.
City Attorney Kit Williams read the ordinance.
Julian Archer, 2115 West Markham Road: I want to thank the Planning staff for their work and
recommendation to modify the PZD which I hope you will enact this evening. The measure they
propose is an appropriate and necessary one. I would like you to consider two things in the proposal
that has been submitted to you from the Planning Division. Amend it to remove the two year trial
period. We have a trial record already and never has there been an incident that we were shut down
by the police. There has never been an arrest or noise violation. I would like you to consider going
for an amendment that will allow for ten events a year pre authorized, pre notified to the Planning
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Department and the Police Department to go until 2 a.m. I would like to suggest that there be at
least two off duty police officers present, either Fayetteville Police Officers or University Police
Officers.
Mayor Jordan: You want me to just assign two police officers to your event?
Julian Archer: They have to be paid.
Mayor Jordan: Sure and the city would be paying them?
Julian Archer: No, the people who have the event will pay or we will pay.
Mayor Jordan: That will be something you will have to work out with the off duty police officers.
Julian Archer: If you can't get police officers then we can't have it. Your amendment, I hope
would say that we will allow you going until 2 a.m. if you give us one week notice and if you have
two off duty police officers at your event.
Mayor Jordan: I want to be clear. I ainn not going to assign two police officers.
Julian Archer: No, I understand that. They would be hired by us to be present there. We would
pay for the officers.
Alderman Long: You are bringing this forward because you said there are some hardships being
placed on your business due to the hours of operations and is effecting your business model. Do
you think that what you are asking for will fix your business model or do you think you will be
asking for more changes in the future?
Julian Archer: This is just one aspect of an improvement. We are being reviewed right now by
a very prestigious guide and hope to get in that guide. There are a lot of other places that people
have as a choice which do not have the same time constraints. This is sending business away from
Fayetteville.
Alderman Long: Last year you requested a lot split off of the PZD and that did pass the Council.
I would never had voted for that. I don't believe the PZD should be physically modified after it
was created because it was created as a buffer. Will you be requesting anymore modifications to
the PZD physically?
Julian Archer: I would hope not. This procedure is challenging and I have no desire to put
anything before you.
Alderman Long: Have you had any months where you have had over four events?
Julian Archer: That question is not on the agenda. That is not part of the request that I made to
the Planning Department and that is not in their report at all.
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Alderman Long: I know and that is why I am asking it.
Julian Archer: It is very hard to persuade someone to get married in January or February.
Alderman Long: It's just something we hadn't talked about and we met several times.
Julian Archer: There are certain times of the year that are more popular than others.
Alderman Long: So yes, there are months when you have over four events?
Julian Archer: There are times. When there is a much greater demand.
Alderman Long: If not modified and the business model is not able to adapt, is there a chance
that Pratt Place would no longer exist and the land would have to be subdivided or sold?
Julian Archer: We have put every last penny of our resources into this. There is nothing left and
no reserve. If it doesn't make a go of it, then the bank will take the property and put it up for
auction.
Tom Overby, 1855 West Pratt: I do appreciate Mr. Archer's honest answer that they have had
more than four events. The 2005 PZD which he negotiated with you and neighbors said that there
would be four events per month. He has violated that and tried to hide it.
Pratt Place Inn is a very nice place and I would like to see it be successful. It is a commercial
enterprise in a neighborhood. There were terms discussed, negotiated and worked out because it is
in a neighborhood. The cut off of 10:00 p.m. is the reason why you haven't had as many complaints
about noise. If you start having them until midnight and 2 a.m., I think the noise complaints will
go up. After an event it isnot a good place for extra traffic through the neighborhood.
Aubrey Shepherd voiced his opinion about land -being subdivided and the topography.
Lynn Wade, 100 North Sang Avenue: I was impressed this evening with the road discussion about
the streets. I think you can clearly see that the conditions that were placed by negotiation are greatly
driven by safety issue. We ask that you leave the C-PZD unchanged.
William Feldman, 16 North Sang: The noise problem is partially been resolved of the fact that
the regulations of the PZD have not regularly followed. Even though they have not always been
regularly followed, they have allowed some protection and I would hate to see that protection lost
for the neighborhood. The idea of the PZD, we consider it to be something that would last for a
while and now several years later it is suddenly being changed and we are forced to confront this
change. I ask that you maintain the PZD as it stands and help protect our neighborhood.
Fran Alexander read the August 31, 2005 City Council Agenda memo for historical purposes.
She also referred to the September 20, 2005 City Council meeting on rezoning. Ms. Alexander
stated the neighbors were not notified of the midnight hour request by the applicant and believes
it is a flaw with city policy. She read the conditions of approval for 2005. She stated that last year
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the conditions of approval were not binding anymore when the Council voted to allow a piece of
the property to be taken out for subdivision rezoning. She also stated it's not binding anymore
because of the hours.
Alderman Adams: This is a sad situation for me. Mr. Archer has visited with me several times
and I am not going to be able to support this. I appreciate you visiting with me. Every time I have
voted on a zoning issue, the first thing I look at is what the neighborhood wants. When I take a
tally of this, every person who has written to me doesn't want it. No one has written for this and
asked me to support it except the applicant.
Many of you know who were on the Council a couple years ago, I kind of took a black eye by
introducing an amendment that we supported and we voted for. I will support citizens to introduce
their idea for change or for what they would like to do with their property, but the power is behind
what the people in the neighborhood want. If we can make our decision based on that, then the
PZD process has some teeth -in it. This is just nicking away at it. I did not vote two years ago for
the change that the Council did approve because I did believe that the buffer zones were part of
that negotiation of 2005 and I wasn't willing to vote to give up the buffer zones. The buffer zones
are not just the land, they include the hours of operation and the number of events that occur.
People in my neighborhood want Pratt Place to succeed and appreciates what you have done. They
have respect for the process of a PZD. The people's government said this is what you get to do.
Alderman Long: I have heard from people who do support this and people who don't support
this that live in the neighborhood. I think a lot of people realize that the Pratt Place Inn does
improve their property value and so people want it to succeed. Neighbors don't want it to become
another housing development if it doesn't succeed. I think there could be a compromise that we
could reach. PZD's have to be modified occasionally to fit the need of the community because that
is what a PZD is. One reason I don't like PZD's is because we have to set them apart as different.
I am going to offer an amendment that would change the hours from Monday through Saturday
from 7:00 a.m. to 11:00 p.m. and Sunday from 7:00 a.m. to 10:00 p.m. I'm not going to offer an
amendment on the number of events that can be held until 1:00 a.m. in the morning. To do that I
think much more public input would be needed and we haven't had that.
Alderman Long moved to amend the hours of operation to Monday through Sunday from
7:00 a.m. to 11:00 p.m. and Sunday from 7:00 a.m. to 10:00 p.m. Alderman Schoppmeyer
seconded the motion.
Alderman Long revised his amendment to state Sunday through Thursday from 7:00 a.m.
to 11:00 p.m. and Friday and Saturday from 7:00 a.m. to midnight.
Alderman Gray: Jeremy, did the original PZD limit the number of events per month?
Jeremy Pate, Director of Development Services: It did. Originally I think there were 16
conditions of approval recommended by staff when this came before the Council. Through a series
of neighborhood meetings there were agreed upon I think nine or ten extra conditions of approval
to staffs original conditions. Two separate conditions were, the hours of operation which we are
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discussing tonight and a different condition of approval that limited it to four events per month.
That was a separate condition of approval. I think that was what Mr. Archer was trying to say
earlier is that it is a separate condition and he is not requesting to amend that currently.
Alderman Gray: Have we ever had a complaint from the neighborhood about more events than
four a month?
Jeremy Pate: We have never had a complaint. We had an inquiry recently as part of this
discussion. A neighbor submitted an inquiry about how many events per month and if we have
that on record. We don't keep those kinds of records. We sent a letter to Mr. Archer asking what
the events were and we have not received a response.
Alderman Gray: I think Alderman Long made several excellent points. I think it does improve
the value of your property. I think to have that property sold and subdivided, which it probably
will if Pratt Place fails, you are then talking about traffic problems. We hear a lot about unintended
consequences. I hope the neighborhood will think hard because you may get some unintended
consequences. Pratt Place Inn & Barn is a truly exceptional asset to our community. Please look
for some modifications to help it be successful. We never allow ourselves to have our hands tied
that something can't be modified. We can listen to concerns, new ideas and suggestions. I hope
we will think very seriously about what we are doing tonight. It could be quite tragic.
Alderman Marsh: When it says operating hours 7:00 a.m. to 10:00 p.m., does that mean the
event ends at 10:00 p.m. or does that mean staff needs to be gone by 10:00 p.m.?
Jeremy Pate: It is not specific in the condition. We generally mean the event has ended so often
times you will see people packing up or setting up before those hours. This is the hours of operation
for those type of events.
Alderman Marsh: There would still be people leaving after 10:00 p.m. There is still noise and
activity.after 10:00 p.m. probably as late as 11:00 p.m. anyway. This gives me a lot of concern.
You can tolerate a lot if you know it is going to stop at 10:00 p.m. When you have an 8:00 a.m. to
5:00 p.m. job and you have to get up in the morning, that extra hour of sleep has a lot of value. I
appreciate Alderman Long's attempt to find a solution. I think I would be more apt to support
something that kept the original hours of operation and then offered the 12 event permits to go till
midnight or something in the way of that.
Alderman Long: Jeremy, how far are the neighbors away. One neighbor said they are about four
football fields away and they said they could abide by whatever we decided. That is a pretty far
distance.
Jeremy Pate: I may have to guess. Mr. Archer may know this because I think he has measured it
before. I think several hundred feet is the closest neighbor. The property is surrounded, part of the
PZD with 72 acres and part of the consideration by the Council at the time to allow for commercial
activities is that the majority of that is tree preservation and green space. No further development
can happen on the rest of the 72 acres. There are residences within the area and considered part of
the neighborhood.
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Alderman Long: I wanted to point that out because Sarah had asked about noise. I wanted to
make sure you knew these weren't very close in proximity.
Alderman Marsh: I looked at the Google map and it appears the nearest residence is about 500
feet to 600 feet from the Barn.
A discussion continued about the distances from neighbors to Pratt Place Inn.
Julian Archer: I appreciate your effort to create a compromise, but the compromised proposal is
a proposal for disaster. People who are having an event do not want the event to end at 11:00 p.m.
on a Friday or Saturday. There is not much demand for events on Monday through Thursday,
except for charity events.
Mr. Archer stated that it is a small minority of people from the neighborhood that are speaking
negatively and they were the ones who opposed the Inn from the beginning in 2005.
Mayor Jordan: You don't care for the amendment?
Julian Archer: No, I do not.
Alderman Long: I apologize. I misstated what I meant. I meant to say Sunday through Thursday
from 7:00 a.m. to 11:00 p.m. and Friday and Saturday night from 7:00 a.m. to midnight. I didn't
meant to take_ away something you were already allowed to have.
Alderman Marsh stated a suggested alternate amendment. Alderman Long stated he did not think
the neighbors would be comfortable with the suggested amendment.
Alderman Gray: What was staff recommendation?
Jeremy Pate: We recommended to maintain the Sunday hours 7:00 a.m. to 10:00 p.m. and then
extending Monday through Saturday to midnight.
Alderman Gray: I like that.
Mayor Jordan stated he would like Mr. Archer to speak about the new amendment.
Julian Archer: It is an improvement. I prefer the staff recommendation.
Tom Overby spoke in opposition of the proposed amendment.
William Feldman stated he preferred the amendment to the original proposal of midnight. On the
other hand I prefer the original PZD.
Lynn Wade spoke in opposition of the proposed amendment.
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Aubrey Shepherd stated that Alderman Long's proposed amendment was equitable and fair.
Mayor Jordan: The amendment before us is Sunday through Thursday from 7:00 a.m. to 11:00
p.m. and Friday and Saturday from 7:00 a.m. to midnight.
Alderman Gray: I appreciate the staff research and they feel like that is what the competition is
doing. If we are wanting to save this business and make it viable for our city with this historic
preservation of Pratt Place Inn, then we should value what our staff has come up with and look at
those hours which will help Pratt Place Inn.
Upon roll call the motion failed 4-4. Alderman Kinion, Petty, Schoppmeyer and Long voting
yes.- Alderman Marsh, Tennant, Adams and Gray voting no.
Alderman Gray moved to remove the two year waiting period. There was no second to the
motion.
Jeremy Pate gave a brief description of the current proposal to change hours of operation to
Monday through Saturday from 7:00_ a.m. to midnight and from 7:00 a.m. to 10:00 p.m. on Sunday.
There would be a maximum of one event on New Year's Eve allowed until 1:00 a.m. These new
hours are granted for a trial period of two years from the date of City Council approval. One year
from the date of approval City Council shall review any valid complaints and or violations and
determine if the new operated hours should be extended beyond that two year period.
Alderman Gray: Are the ten events till 2:00 a.m. in there?
Mayor Jordan: Nobody sponsored that.
Alderman Gray: That is not part of the original ordinance?
Mayor Jordan: No.
Alderman Marsh moved to amend the hours of operation to Sunday through Wednesday
from 7:00 a.m. to 10:00 p.m. and Thursday through Saturday to 7:00 a.m. to midnight.
Alderman Petty seconded the motion.
A discussion followed about the proposed amendment.
Aubrey Shepherd stated it was a good amendment.
Julian Archer spoke in opposition of the new proposed amendment that Alderman Marsh made.
He prefers the original proposal that the Planning Department recommended.
Alderman Gray: There is one significant fact that I would like to stress. We are talking about
four events a month. I keep hearing about the noise level, but the original PZD is four times a
month. There has never been a complaint that there is more than four times a month.
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Tom Overby: We don't know how many events he has had because we have no way in the
neighborhood to monitor this. We felt like he was having more and we requested an account only
for 2013 and nothing was forthcoming. Please amend to have quarterly reporting of number of
events.
A discussion followed about noise complaints, traffic and the number of events.
William Feldman stated he has been disturbed by the noise more than four times a month. He
stated the measurements of the noise are difficult which is why the restriction on the hours offer
some protection.
Alderman Adams: I did go to Jason about what we might do to lower, as an idea of compromise,
the decibel level for the events until midnight and the legal response to that was decibel levels
don't really hold up in court cases.
City Attorney Kit Williams: I wouldn't say that. We have in fact successfully prosecuted people
for noise violations. Part of our noise ordinance says that after a certain period of time you can't
have audible noise at your own property line. That was done for the Dickson Street area knowing
that just because it's not in violation of noise ordinance, it doesn't mean you can't hear it and it
won't keep you awakeAt is just at a low enough level that we aren't going to make it criminal.
A discussion continued about the noise ordinance.
Alderman Tennant: Is this amendment only changing one night for one hour?
Mayor Jordan: What I remember from the staff is Monday through Saturday until midnight and
Sunday until 10:00 p.m.
Alderman Tennant: The compromise is only Thursday?
Alderman Marsh: No. What it is doing is keeping that 7:00 a.m. to 10:00 p.m. on Sunday
through Wednesday. We are protecting them that Sunday through Wednesday. It is three nights.
A discussion followed about the procedure after the amendment is voted on.
Upon roll call the motion passed 6-2. Alderman Marsh, Kinion, Petty, Tennant,
Schoppmeyer and Long voting yes. Alderman Adams and Gray voting no.
Alderman Long: You can't please everyone, but I feel like this a good compromise. I will support
this. I hope that during the trial period that it has worked well. If it doesn't I will try to change it
back.
Alderman Gray: You are supporting the new hours into this ordinance?
Alderman Long: As amended.
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Jeremy Pate:. Mr. Mayor, do you want to clarify? It says one year from the approval date and if
we don't have a Council meeting on December 17th, it is going to be a year from now.
Alderman Adams moved to have quarterly reports filed by the business. Alderman Long
seconded the motion.
Alderman Marsh: Would that reporting requirement expire at the end of the probationary period?
Don Marr, Chief of Staff: If you are going to require reporting quarterly, we would ask that you
request the coming 90 day period of events so you can see the number of events scheduled. This
would give you the ability to know a problem before it arises.
Alderman Long: How about the reporting is both.
Don Marr. That is fine.
Alderman Schoppmeyer: I can't support that reporting requirement. I think it will be
burdensome and a catalyst for complaining. It is interesting that the people who are bothered by
the noise can't tell us how many times events happen a month. There is a lot of dissention and I
am sorry to see that because neighbors should get along. Pratt Place is a wonderful establishment.
Julian Archer spoke in opposition of the reporting of quarterly reports.
Fran Alexander stated if there is a reporting on events there should be one central location for all
of this.
Tom Overby spoke in favor of the quarterly reporting.
Alderman Petty: What is the penalty if this is violated?
City Attorney Kit Williams: This is a zoning ordinance and any violation can be prosecuted. We
haven't prosecuted very many in the last dozen years. We have had to prosecute some. It is a
violation and not a giant fine and no possible jail sentence.
Alderman Long: To add one thing for reporting purposes. When it does come back to us one
year for review we will have something to look at to evaluate. Would you be interested in that
Alderman Petty?
Alderman Petty: I agree with Alderman Schopprneyer on this.
Alderman Tennant: How will this reporting take place?
Don Marr: We don't know because this will be the first time.
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Alderman Tennant: That leads me to not like the idea. I think what Alderman Schoppmeyer said
was a good point. It does add a burden to our city staff. I don't think we would get anything
concrete out of it.
Don Marr: There is one entity that we get event information from. It is the Walton Arts Center.
They provide us an event for event parking scheduling of upcoming events. We don't have any
method of back reporting. We get a report from them going into each quarter of the scheduled
events.
Alderman Adams: Our Planning Department recommended a two year period that we have not
removed. If we are going to look at this in two years then we should have something in place to
look at.
A discussion followed about the way a quarterly report would be furnished to the city.
Upon roll call the motion failed 2-6. Alderman Adams and Long voting yes. Alderman
Marsh, Kinion, Petty, Tennant, Schoppmeyer, and Gray voting no.
Julian Archer voiced his opinion and is in favor of the original proposed ordinance.
Mayor Jordan: Mr. Archer, keep in mind the Council has made a- decision and they passed an
amendment for the hours. The original hours are gone.
Alderman Tennant: I looked at the archives from 2005. I learned a lot and this was not a long
time ago. While I understand things do change and PZD's should sometimes be changed, in this
particular case I want to protect the integrity of the process that happened. The process was a long
and well thought out compromise between a neighborhood and a business. I don't like changing
things in the spirit of saving any one business. There are times when you should do everything as
a city to create a successful environment, but I think it has already happened.
Mayor Jordan: I was on the Council in 2005. That area was zoned to put about 300 hundred
houses up on that hilltop and all the traffic that went with it. I met with the neighbors and we told
them that that this would be better for them and we gave them our word that if we passed this, we
would keep our word. I remember that. When Fran said it was binding, she was right. We gave our
word at that time that we wouldn't change and that is why I didn't support the amendment that
came in here about a year or so ago.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 0-8.
Alderman Marsh, Kinion, Petty, Tennant, Schoppmeyer, Adams, Long and Gray voting no.
This ordinance failed.
New Business:
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Bid #13-56 APAC-Central, Inc.: A resolution awarding Bid #13-56 and approving a contract
with APAC-Central, Inc. in the amount of $4,587,250.02 for construction of Van Asche Drive,
approving a ten percent (10%) project contingency, and approving a budget adjustment.
Chris Brown, City Engineer gave a brief description of the resolution. The Transportation
Committee and staff are recommending approval.
Alderman"Marsh: Are there going to be trees in that green space?
Chris Brown: We did not bid those in the project. That is something we do want to talk about,
both trees and street lighting. Sometimes that is left for development, but other times we can
include that in the project. That is a discussion item we need to have.
Mayor Jordan: I am very open to that, but we need the money.
Alderman Marsh: It is important to have a buffer between the high speed roadway and
pedestrians.
Alderman Tennant: The fact that it is going to be the first part of the city that people see and
trees would be great. I hope we look at all options and everyone helps to make it something we
can be proud of.
Aubrey Shepherd voiced his opinion about wildflowers and trees.
Mayor Jordan stated this had been worked on a long time. He thanked the former Council and
Street Committee for all their efforts.
Alderman -Long moved to approve the resolution. Alderman Adams seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 259-13 as recorded in the office of the City Clerk
VAC 13-4533 (2732 & 2734 Wildwood/Legacy): An ordinance approving VAC 13-4533
submitted by Bates and Associates for property located at 2732 and 2734 Wildwood to vacate a
utility and drainage easement.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff
and Transportation Committee is recommending approval as well as the Planning Commission
with a vote of 8-0.
Alderman Long moved to suspend the rules and go to the second reading. Alderman Adams
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent
during the vote.
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City Attorney Kit Williams read the ordinance.
Aubrey Shepherd stated that without an aerial photo with the topography, the Council is not
seeing much unless they have been there and looked at it.
Alderman Tennant moved to suspend the rules and go to the third and final reading.
Alderman Schoppmeyer seconded the motion. Upon roll call the motion passed 6-0.
Alderman Adams and Gray were absent during the vote.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5643 as recorded in the office of the City Clerk
RZN 13=4538 (Razorback Road/Victory Commons): An ordinance rezoning that property
described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S
Razorback Road from I-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare.
City Attorney Kit Williams read the ordinance.
Jeremy Pate: The applicant requested this item to be left on the first reading.
This ordinance was left on the First Reading.
Solid Waste Services: A resolution to develop a Request For Qualifications or Proposals for the
planning of a 10 -year expansion of solid waste services to attain a diversion rate of 80% and to
delay the scheduled rate study of solid waste services until its completion and adoption or rejection.
Alderman Petty: Citizens have requested we expand our recycling services. If we want to make
changes in the next few years it would be prudent that we have a plan in place before we conduct
a rate study. The items in here are just suggestions to the administration. I would like to address
why the 80% is in there. There is no analysis that gets us to 80%. 1 would like to make a statement
that communicates to the firm we hire that we want to see a plan that is aggressive. A plan that
shows us their conclusion if that number can't be achieved, then they tell us why and what we can
achieve. I want something meaningful if we .are going to do this.
Alderman Petty gave a Seattle example as one of the best in class Solid Waste Divisions in the
country and stated their goals.
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Alderman Marsh: I think this is fantastic. I like that you used the Seattle example. Their waste
system worked much easier from a resident standpoint than. what we have here currently. I think
80% is a fantastic place to aim for.
Alderman Tennant: I agree that ease of use is part of the way you can help this. Technology
plays a big part and it seems like some of the technology is not there yet to make the return on the
investments for some cities possible. Would your intent be to include that in some sort of
consultants roadmap of what might be coming in their decision making? Do you think it is more
technology driven or is it ease of use?
Alderman Petty: I think it is a combination. I hope we hire somebody competent enough to
answer those questions for us. A comprehensive waste reduction education program is number
one, regardless of the technology. We have to face the facts that technology improvements are
going to be necessary. Maybe the technology isn't there to hit these targets with multi -family. If
we are going to set a goal like this, we are not just talking about multi -family anymore. We either
don't have the expertise or we don't have the leftover capacity to be able to make these
determinations in house. The Solid Waste Division right now has a cash reserve of a little more
than four million dollars. We haven't raised the rates in once or twice -in the last twenty years. The
opportunity to talk about these things is now.
Alderman Kinion: This did go to the Water, Sewer and Solid Waste Committee. There was not
a lot of discussion on it, but it was recommended to move forward to the City Council.
Don Marr: As staff we are supportive at identifying expertise in this area and having them help
us identify a system. We are extremely proud of the Solid Waste Division and the advancements
that we have made. We have to remember that when we are asking people to completely redesign
a system or to expand services in an area we have never offered, people are already fulfilling
services in 40 hour work weeks. We don't have time to stop, because this is a service that has to
be provided everyday of every week of every year. To tell people we would like them go study
and develop systems, best in class and travel around the country is something we don't have the
capacity to do.
There is a very high standard at the City of Fayetteville for the advancement of recycling. The city
has challenges just like the benchmark cities that had been spoken about. If we are going to make
process changes then we need to make them before we start investments in capital equipment of
that value. The rate study is a five year study of what the cost is to deliver a service and you do not
want to change the process in the middle of it. We are supportive of it, but we have concerns as a
division. Little Rock lost a million dollars and the city was challenged with how to make it a more
feasible operation. We don't want to add an operation that loses money. We like the language of
the feasibility of assessing these items before we design a system to automatically do it and then
bring the study back to you to make the decision on what it is we are going to do.
Alderman Kinion: We might need to improve the language. We need to see is if it is feasible,
what is the cost, and the return on the investment. We are looking at the possibility of subsiding
services for recycling. 80% is an aggressive goal and way beyond what anyone would imagine
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with the current technology, markets and affordability. As we move forward we need to look at
this as a feasibility study and the cost associated with this with the current situation.
Alderman Marsh: Under section three where it says the feasibility analyst, could we add
feasibility and cost benefit analysis?
Alderman Kinion: That is more in line of what I would like to see. If we can't afford it then it
doesn't mean anything anyway.
A discussion followed about the feasibility and a cost benefit analysis.
Alderman Marsh moved to amend the ordinance to add feasibility and cost benefit analysis.
Alderman Kinion seconded the motion.
Aubrey Shepherd stated the amendment was great.
Brian Pugh, Waste Reduction Coordinator: I want to thank you for bringing this forward. My job
is trying to get people to recycle more and this gets us on that path. We have to make sure when
we are looking at all these materials we have markets for this to go to. We can recycle as much as
we can possibly recycle, but if there are no markets for this to go to then it is hard to acknowledge
the cost to do it. I do support it and if Council wishes we will implement it.
Upon roll call the motion to amend passed unanimously.
Alderman Kinion: As we move forward it is the intent to study the feasibility.
Alderman Gray: Do we have any idea of what the study will cost?
Mayor Jordan: I do not. Does anyone know?
Alderman Kinion: My hope is it will save on the backend as we go forward with rate study.
Aubrey Shepherd voiced his opinion about recycling.
Alderman Marsh moved to approve the resolution. Alderman Adams seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 260-13 as recorded in the office of the City Clerk
City Council Agenda Session Presentations:
Animal Services Presentation — Justine Lentz, Animal Services Superintendent
City Council Tour: None
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Announcements:
Don Marr: Today we received a resignation from our Director of Utilities. He runs our Water
Sewer Operations as well as our Parking Operations. David Jurgen has accepted a position in
Chesapeake, Virginia as Director of Utilities. He will be leaving the City of Fayetteville in early
January. We are sad to see David go. He has a wealth of knowledge and a long tenured employee
of the city. As Mayor Jordan has said it is never our intention to hold people back from their dreams
or opportunities to make more money. We will be conducting a search to fill this position. It is an
extremely important position. We are currently putting together some interim staffing plans. We
wish him the best of luck and hate to see him go.
The Senior Giving Tree is December 19, 2013 at 10:00 a.m. at the Fayetteville Senior Center.
The city is giving away energy efficiency weatherization kits that are available for low and
moderate income residents of the City of Fayetteville.
An Ordinance Review Committee meeting will be held on December 19, 2013 at 5:15 p.m. in
room 219.
We want to remind citizens that Solid Waste rescheduled our Saturday facilities operations for the
compost sight to be open this Saturday from 8:00 a.m. to noon since we were closed on the only
other Saturday due to inclement weather.
City offices will be closed December 24, 2013 and December 25, 2013. Solid Waste services will
run as normal on Monday and Tuesday. Wednesday service will be on Thursday and Thursday
service will be on Friday.
A holiday celebration for staff, division and department_ heads will be Friday, 7:00 p.m. at 1621
North Starr Drive home of Council member Adella Gray.
We will have free parking on the 24th and 25th of December.
Alderman Adams: No Ward 4 meeting for the month of December.
Alderman Marsh: Thank you to our outgoing Environmental Action Committee members.
Mayor Jordan: I would like to thank the Council for a productive year. I wish this Council a
happy and safe holiday season.
Sondra E. Smith, City Clerk/Treasurer
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Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
Fayeilleevp;
City of Fayetteville Arkansas
City Council Meeting Minutes
January 21, 2014
City Council Meeting Minutes
January 21, 2014
Page 1 of 12
Aldermen
Ward I Position 1 —Adel
[a Gray
Ward 1 Position 2 —
Sarah Marsh
Ward 2 Position 1 —
Mark Kinion
Ward 2 Position 2 —
Matthew Petty
Ward 3 Position I —
Justin Tennant
Ward 3 Position 2 —
Martin W. Schoppmeyer, Jr.
Ward 4 Position I —
Rhonda Adams
Ward 4 Position 2 —
Alan T. Long
A meeting of the Fayetteville City Council was held on January 21, 2014 at 6:00 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin
Tennant, Martin Schoppmeyer; Rhonda Adams, Alan Long, Mayor- Lioneld Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations Reports and Discussion Items:
State of the City Address — Mayor Lioneld Jordan
Mayor Lioneld Jordan read the State of the City Address. A copy is attached.
City Attorney Kit Williams thanked the Mayor and City Council for all their hard work and
leadership.
Presentation of the City of Fayetteville Martin Luther King Brotherhood Award - Presented
by City Attorney Kit Williams
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City Attorney Kit Williams: Since March 2001 it has been my honor and pleasure to select a
City of Fayetteville employee to receive the Dr. Martin Luther King Jr. Brotherhood award. This
year's honoree exemplifies Dr. Martin Luther King's spirit of equality and legacy of service. She
has managed one of our most important community outreach facilities and has worked diligently
and creatively to expand its services to even more of our citizens.
Mr. Williams presented the Dr. Martin Luther King Jr. Brotherhood award to Tenisha Gist,
Director of the Yvonne Richardson Community Center.
Tenisha Gist, Director of the Yvonne Richardson Community Center thanked everyone and was
honored to receive the award. She stated she had a lot of support and accepts the award for all
those who believe in equality and trying to do what is right.
Mayor Jordan: Tenisha has done a tremendous job at the Yvonne Richardson Center. She has a
great heart for people and an understanding for what their needs are. Congratulations and thank
you for your service.
Agenda Additions: None
Consent:
Approval of the January 07, 2014 City Council meeting minutes.
Approved
Bid #13-59 NAFECO: A -resolution to _ award Bid #13-59 and to approve the purchase of
wildland fire gear backpacks from NAFECO in the amount of $22,319.64 and to approve a
budget adjustment.
Resolution -19-14 as recorded in the office of the City Clerk
Bid #13-59 Emergency Vehicle Specialists: A resolution to award Bid #13-59 and to approve
the purchase of wildland fire gear which includes helmets, goggles, gloves, shelters, coats and
trousers from Emergency Vehicle Specialists in the amount of $115,190.86.
Resolution 20-14 as recorded in the office of the City Clerk
Gulf State Distributors: A resolution to approve the purchase of ammunition needed by the
Fayetteville Police Department during 2014 from Gulf State Distributors in the amount of
$50,770.35 pursuant to the State of Arkansas ammunition contract.
Resolution 21-14 as recorded in the office of the City Clerk
Alderman Long moved to approve the Consent Agenda as read. Alderman Adams
seconded the motion. Upon roll call the motion passed unanimously.
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Unfinished Business:
VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An
ordinance to approve the University of Arkansas' petition to vacate Brenda Drive, Court Street,
Walton Street and a thirty foot wide alley all within property owned by the University of
Arkansas. This ordinance was left on the Second Reading at the November 19, 2013 City
Council meeting. This was left on the Second Reading and Tabled to the December 17, 2013
City Council meeting. This ordinance was left on the Third Reading at the December 17, 2013
City Council meeting and Tabled to the January 21, 2014 City Council meeting.
Mayor Jordan: This went to the Transportation Committee.
Alderman Petty: We voted on a recommendation as an unanimous vote to restrict access on the
northern border of the property.
City Attorney Kit Williams: We would need to change one of the conditions for approval. It is
my understanding that they do not want Condition #1 any longer. You do not want to have a
document showing how you will design the lot. -
Jay Young, Development Consultants: That is correct. The Exhibit that was in the packet was a
conceptual site plan to show our idea of how this would come together. That Exhibit is no
longer reflecting how that is going to be designed. If you are going to suggest an amendment
that is going to restrict access to Hotz that would be the condition.
City Attorney Kit Williams: Does this meet your approval? There shall be no entrance or exit
to Hotz from this parcel now or in the future without express City Council approval in the form
of a resolution. Would that meet the requirements you would like?
Jay Young, Development Consultants: Yes.
City Attorney Kit Williams: Then I suggest you change Condition #1 to that condition.
Alderman Petty moved to amend the ordinance to state there shall be no entrance or exit to
Hotz from this parcel now or in the future without express City Council approval in the
form of a resolution. Alderman Adams seconded the motion.
David Boddington, Hotz Drive and Ward 4 resident stated we believe that the Transportation
Committees recommendation to not allow any vehicle or bus to enter or exit on to Hotz from the
north end of the proposed project is a wise and responsible recommendation. Tonight we urge
you to listen to the recommendation of the Transportation Committee and to vote against any
northern egress on to Hotz Drive.
City Attorney Kit Williams: I want to make sure that the Council understands that originally
Planning had worked with the University and had come to an agreement for the construction
dedication of two public streets as shown on Exhibit C. This new change would say the
University does not have to build any public streets in this parking lot. I have one minor change
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Page 4 of 12
to what my suggestion was. I want to put there should be no motor vehicle entrance or exit,
rather than no entrance or exit. Obviously, I don't think anybody here wants to restrict
pedestrians. I want to give our Development Services Director an opportunity to weigh in with
any comments he might have before City Council votes.
Jeremy Pate, Director of Development Services: We have stated our recommendation position
on the record before. We made the recommendation for the connection to Hotz based on your
policy of connectivity. We understand the circumstances surrounding each and every connection
to any street are contact sensitive. We respect the Transportation Committees recommendation in
this particular case, from our perspective we still support the connection. I think the pedestrian
enhancement for a future trail and/or pedestrian connection there will certainly be positive and
warranted. I think leaving it up to the City Council or a future City Council possibly to open this
up to a Meadow Drive signal in the future could come back to you all as an item. We believe the
neighborhood will want that in the future. We are not in the future, we are here today so we
respect that decision.
Alderman Petty: Do we need to change the motion to reflect your new language?
City Attorney Kit Williams: This will be Condition of Approval #1. There shall be no motor
vehicle entrance or exit to Hotz from this parcel now or in the future without express City
Council approval in the form of a resolution.
After discussion the previous motion was changed to say there shall be no motor vehicle
entrance or exit to Hotz from this parcel now or in the future without express City Council
approval- in the form of a resolution. Upon roll call the motion to amend passed
unanimously.
Alderman Adams: This was a very good exercise between Town and Gown relationships. The
University came to a Ward 4 meeting and listened to the residents. Thank you Mike and your
team for doing that. You showed us that the University cares about our Town and Gown
relationship. We listened to citizens on the street and that live in the neighborhood. Alderman
Long and I both have had emails and input. I met with Jeremy and we talked about the future.
We do think when Razorback Drive is made into a four lane there may come a day when we
need to cross over to go north and we will be glad that we can get out of there from that
neighborhood in different ways. Thank you Council for supporting what Alderman Long and I
want to see done, that is to protect our neighborhood from more cars and encourage traffic to go
to the main roads.
Alderman Tennant: This is a great. example of compromise between a neighborhood that is
feeling the effects of growth and a University that is dealing with the effects of growth. Thank
you to the University.
Alderman Long: The University spent an incredible amount of time and I appreciate it. It
shows that the University wanted to be a part of our neighborhood. I appreciate the
Transportation Committee listening to all the concerns and the City Council being flexible.
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Alderman Gray: I want to thank Mike Johnson and his team for his patience in letting us work
through this. This particular option, that we bring forward tonight, might seem a little bit drastic,
but at this particular time in this particular situation this is the best way to go for our
neighborhood. It is a great example of us working together. I wanted to listen to Ward 4,
especially Mrs. Adams who lives in the midst of these streets.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5652 as Recorded in the office of the City Clerk
Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a
replacement § 178.03 Sidewalk Vendors and Food Trucks and to repeal § 178.04 Outdoor Mobile
Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors
Located on Private Property. This ordinance was left on the First Reading at the November 19,
2013 City Council meeting and tabled to the December 17, 2013 City Council meeting. This
ordinance was left on the First Reading at the December 17, 2013 City Council meeting and
Tabled to the January 21, 2014 City Council meeting.
Jeremy Pate, Director of Development Services: We would like to table this item. -It is going to
the February 5, 2014 Ordinance Review Committee meeting. We request this be tabled to
February 18, 2014.
Alderman Petty: I think we should table it, but we have a couple of members in the audience
tonight who would like to address the full Council.
Suzanne Clark, Fayetteville Resident and Lawyer for the Yacht Club: The Yacht Club is
located at 617 North College. As the ordinance is currently drafted, this ordinance will put the
Yacht Club out of business. There are three things I would like for you to consider in terms of
how it is drafted. First, the requirement that these pen -nits be granted to both mobile vendor and
the property owner jointly be decoupled. Also, to ensure that the language imposing obligations
on the property owner are reasonable based on the use of the property. Finally, consider whether
or not it is appropriate to include language regarding the American with Disabilities Act in this
particular section of code.
Imposing obligations on the property owner as that section of the ordinance reads it is
exceptionally broad and allows the Planning Commission as a condition of granting a permit to a
mobile vendor to impose requirements for permanent or semi-permanent improvements on the
property owner that may include - sidewalk improvements, permanent bathrooms, and
landscaping. At the whim of what the Planning Commission may decide to impose, it opens the
door to any manner of obligation that will put the Yacht Club out of business. At the December
9, 2013 Planning Commission meeting there was discussion about what obligations potentially
should be imposed specifically on the Yacht Club. A vacant lot with temporary structures is not
the same as a large scale development. There has been a lot of discussion about that particular
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issue and there are some Commissioners on the Planning Commission who believe they should
be treated identically.
Alderman Petty: I agree with everything you said. Some of the things that the Planning
Commission has required, that I actually think are okay, are temporary landscaping
improvements. Do you think that crosses the line?
Suzanne Clark: Not at all. In fact, Ms. Morris did temporary landscaping entirely voluntarily.
This is something she wanted to do to spruce up the property.
Alderman Petty: I was at the Planning Commission meeting where we discussed the ordinance.
In talking with other Commissioners, I know that some of them think that vendors at the Yacht
Club are practically permanent. They don't move every night like a food truck might. Can you
explain why we should consider them strictly temporary?
Suzanne Clark: When you can hitch a trailer up to it and move it off and it is no longer an
operational business there, it is temporary. It is not a brick and mortar business. It is not
something the owner has invested in as a permanent operation. -It can be moved off sight in a
day.
Alderman Adams: In your research, is there any other time that we drive up and down College
and say we need you to improve your property? Do we have any other examples of that?
Suzanne Clark: No and that is part of my concern with the language. Paragraph C (3) opens up
the door to let's decide what we want the property owner to do. It doesn't reference any specific
code. I don't see that there is any other surrounding business that is under the same requirement.
The comparisons I think unfairly have been made to say that this is a business operation that
should have to comply with what the brick and mortar businesses are doing, this even -goes
beyond that and is requiring things that those brick and mortar businesses are not seeing. We
don't say you have to show up before Planning and we decide if there are some other
improvements we need you to make this year.
City Attorney Kit Williams: I agree with many of the comments that Mrs. Clark has stated.
The thing that the city has that's most comparable to the Yacht Club is a mobile home park. The
city can place requirements on a mobile home park for certain infrastructure improvements in
order to be able to have mobile homes placed on the pads and pay rent. Everything must be
proportional. I share a lot of concerns with some of the things that have been talked about,
especially restrooms which seems to be kind of contrary to mobile vending. Most mobile
vendors don't contemplate having restrooms. If they have food they need to have a place to
wash, but that is required by the Health Department, not us. A lot of this is a matter of degree.
They were asked to dedicate right of way to the city. The city is going to use the right of way that
was dedicated to build new sidewalks there and increase the value of their property by taxpayer
money to build the sidewalks. That would have been more difficult if we had not got this
dedication. We appreciate the dedication, but I don't think that was an onerous burden. I do
agree that there are problems with the way this particular ordinance has been drafted and that is
why it is up before Ordinance Review Committee. I would encourage you to look at section
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178.04 very carefully. There are some things that I would like to change in it and will suggest at
the Ordinance Review Committee meeting. I hope this will be one of the provisions that you will
be looking at as well as the food trucks.
Alderman Tennant: There is a RV park in south Fayetteville that I consider a recreational
vehicle that you can go in and stay for a week. Do we put the same burden on the owner of that
RV Park as we would on somebody with a trailer park?
City Attorney Kit Williams: I doubt it. I would have to defer to our Planning Department to
give you the firm answer. I think what Planning Commissioners look at when they talk about
permanent is not whether it can be moved or not, but whether they are moved. Year after year
there are these airstream trailers that are sitting at the lots. They aren't exactly the same as an RV
or mobile home. I think they are in between. I would ask Jeremy if he knows about what we
require if there is an establishment of an RV park in Fayetteville.
Jeremy Pate: We haven't seen one in many years. The Planning Commission did approve one
several years ago that was never constructed. We looked at the traffic generated by that and
looked it as a Large Scale Development.
Alderman Petty: The way we regulate mobile home parks, is that a use unit or a conditional
use permit?
Jeremy Pate: It is a use unit and it has its own specific chapter. Most of them now are federally
regulated and we have very little oversight in terms of the construction. We don't issue building
permits for the homes. However, in connection to our utility systems, ADA accessible
requirements we do inspect. That is part of our parking and building code.
Alderman -Petty: Is it -fair to say -that the Council regulates mobile home parks in zoning
decisions?
Jeremy Pate: It is both in zoning decisions and development. You can have a Large Scale
Development that we look at and require improvements. We haven't had one of those since the
70's I think. We have them and there have been improvements required of them as part of the
development process. Generally there aren't requirements for later tenants, which is what the
point here is. The improvements are made up front. Like a retail strip center along College
Avenue, each tenant we don't look at for future improvements because the decision was made
for those improvements at the time when the use and development was established.
Alderman Petty: That is exactly the point I wanted to make. If we want to treat them similarly
to mobile home parks, for the property it is a zoning decision and development decision. Beyond
that it is just checking to make sure the vendor is putting together the right application, that they
have gone to the Health Department and have gotten their business license. Beyond that, I am not
sure what the city needs to be looking at. I know there are Commissioners that feel differently,
but if you go back and watch the video, seven out of nine of them were adamant that the
ordinance that proposed had these sorts of problems and needed to be fixed. They passed it to us
the same night with the understanding that we were going to send it to Ordinance Review and
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address these things. I am pleased to hear some of these concerns being brought up in such a
clear manner.
Suzanne Clark: In regards to the ADA compliance. The accessibility issues under ADA require
access that is readily achievable. In terms of how these businesses operate, the ADA specifically
contemplates circumstances where providing that access could put that particular business
operator out of business and allows for those exceptions. If that language is included, I ask that
there also be language that specifically says that it is not intended to detract from or remove any
exceptions that also exist within the ADA.
Cynthia Morris, Property Owner of the Yacht Club at College: Back in March 2012 I
purchased this as a vacant lot. There were already three airstream trailers on the property when I
purchased it. The money that I have received from rent I have put back into the property for
improvements. I have added water, more electricity and movable landscaping.
On Friday, January 10, 2014 I got a message from the city that in order to renew the soup girls'
permit on that Monday night I had to agree to take up concrete in front of my parking lot and add
trees. I was given a 24 hour notice to get this done. I had no time to talk to the Urban Forester to
see what they would want. There was no way to get a bid to know what kind of cost we were
talking about. If I didn't say that was okay, then they would not renew her permit. That was also
the kind of thing that happened when I deeded the property over to the city. I was given 30 days
to get that completed.
Mayor Jordan: You had a 24 hour notice to take out your drive and plant trees?
Cynthia Morris: I had to agree to it. I got the notice on Friday morning, January 10, 2014. The
Planning Commission meeting was going to be that Monday night. I had a person up to redo
their permit. When there's a permit up, they think of what they want to tell me I have to do next.
I feel that was an unreasonable amount of time for me to make a business decision.
Jeremy Pate: What improvements have the Planning Commission required on that property?
Cynthia Morris: I have done everything myself. I have tried to stay ahead of the curve. I have
kept them informed on what I have done. The deeding of 2,000 square feet of my property to the
city has been the biggest thing. They have discussed what kind of awning should be on the
trailers, what kind of materials they should be made out of, should they use the original airstream
fabric. They are always coming up with ideas off the cuff at Planning Commission. This is not
the way a Planning Commission should work. There has been a lot of micromanagement items
that have been unique to our lot and not to other businesses in the city.
Mayor Jordan: We will look into that.
A discussion followed on the proposed improvements to the property that were requested by the
Planning Commission.
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Clayton Scott, Best Frickin Chicken in Town: When I filed for my extension and was awarded
that by the Planning Commission it was imposed upon me to put in two bicycle racks. At the
meeting, bicycle racks was the term. I got online and ordered two bicycle racks, but what
Planning Commission meant was city coded bicycle racks. I was shut down until I found the
correct bicycle racks.
A discussion continued about bicycle racks.
Clayton Scott, Best Frickin Chicken in Town: I think the Planning Commission and City
Council need to come up with ways to help the process be easier and economically fair so that
we can keep this thing going in our city.
Mayor Jordan: That is the reason why we trying to table this and take it to the Ordinance
Review to look at some of these situations.
Clayton Scott, Best Frickin Chicken in Town: It would be nice to have representation from
people who have properties as well as mobile vendors and bring us together as a committee.
Mayor Jordan: All of our meeting are open to the public. When they meet, you can express the
same concerns that you are doing now. Your input is welcome.
Alderman Long: Mr. Clayton, we will be having a meeting on February 5, 2014 at 5:15 p.m. in
Room 326 and please come.
Alderman Tennant: I am one of the first to praise our Planning Commission on occasion for
things that they do, but this one troubles me. To expect business owners to put in permanent
bathrooms and treat vacant lots the same way that you treat other things bothers me a great deal.
A lot of people have told me for years to change the way North College looks. If we want vacant
lots to be used car lots and self -storage units, then by all means let's follow the Planning
Commission idea here. I don't want .that. I think this is a great idea for our city to have these
creative places where people can try a business and if they are successful, then move to brick and
mortar. This is a classic case of over legislating something.
Jeremy Pate: This is one of the very reasons that we wanted to bring this ordinance forward.
The current language that you all have adopted, that the City Attorney drafted, is much broader.
We were trying to add specificity about what type of improvements. Right now the ordinance
says when granting a variance, the Planning Commission may require semi-permanent or
permanent improvements to the property. That could be just about anything they dream up. The
objective was to try add some more specificity and that was feedback from mobile vendors.
City Attorney Kit Williams: I don't think they have turned down a variance for a mobile
vendor permit to have it renewed.
Jeremy Pate: That is correct.
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City Attorney Kit Williams: The only permanent improvement that has been requested was the
dedication of the ten feet of right of way along College Avenue. If this property was ever sold
and going to be developed, then it would have to be dedicated at that time. Now it won't have to
be dedicated again and in fact now it will have a sidewalk built by the city taxpayers.
I know there has been some confusion on this. I am sorry the Frickin Chicken man did not
realize when he agreed to the conditions of approval for the two bike racks it meant two bike
racks as described by the city code. In fairness to the Planning Commission they have always
approved these requests. The City Council long ago passed a provision that if anything that our
city Unified Development Code requests of a landowner is more than what should be requested,
they have a right to ask the Planning Commission to review that and reduce the amount the code
would normally ask for to the constitutionally allowed amount.
I would like the Ordinance Review committee to consider is if you are going to put requirements
on a vendor's court it seems like it should have the same right as you do with a mobile home
court. The individual vendors shouldn't have to come in and get permits all the time. If this is a
mobile vendor's court, then people should be able_ to sell just- like if it is a strip center.
Alderman Adams: Could we make clear who speaks and participates at Ordinance Review
meetings?
A discussion followed about the procedures and participation in an Ordinance Review
Committee meeting.
Alderman Kinion: I talked with Cynthia after she purchased the property. I think we need to be
sensible and not over restrictive. If anyone recalls what was at the corner of Trenton and College
it was undesirable and it is now very desirable. It has become a destination in the neighborhood I
live in and the Ward I represent. I think this is an excellent model to look at as we move forward
in what could happen to any lot, to improve an area rather than have a vacancy.
Alderman Adams moved to table the ordinance to the February 18, 2014 City Council
meeting. Alderman Long seconded the motion. Upon roll call the motion passed
unanimously.
This ordinance was tabled to the February 18, 2014 City Council meeting.
New Business:
ADM 13-4565 (UDC Amendment: Large Scale Development/Parkland Dedication
Applicability): An ordinance to amend the definition of Large Scale Development in §151.01,
amend §157.02, §166.01 (D) and §166.02 (B)(2) and (3) and to repeal §94.06 Flammable and
Combustible Liquids of the Fayetteville Code to clarify what developments are considered Large
Scale Developments.
City Attorney Kit Williams read the ordinance.
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Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The
Parks & Recreation Board and the Planning Commission both voted unanimously in favor of the
request.
Alderman Petty moved to suspend the rules and go to the second reading. Alderman
Tennant seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Ifilliants read the ordinance.
Alderman Petty moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5653 as Recorded in the office of the City Clerk
Amend §157.04: An ordinance to amend §157.04 of the Unified Development Code to require
notification for Planned Zoning District amendments.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff
supports this request.
Alderman Adams: Thank you to Jeremy for working on this and Kit too. We have seen a
couple of examples where this would have been a good thing to have our citizens notified. Any
time we can do something to make sure our citizens are notified of changes that have an impact
on their neighborhood, then we should do all we can as a city to notify them.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Long
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Adams seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
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Ordinance 5654 as Recorded in the office of the City Clerk
City Council A enda Session Presentations:
National League of Cities Report presented by Alderman Sarah Marsh
City Council Tour: None
Announcements:
Jeremy Pate: The Municipal League meeting is next week. It is in Northwest Arkansas. I urge
you to attend if at all possible. I want to thank all of the elected officials. The State of the City is
sound and we could not do it without your support. -
Alderman Gray: There will be a Ward 1 meeting Thursday at 6:00 p.m. at the Senior Center on
College.
Alderman Adams: There will be a Ward 4 meeting Monday night at 6:00 p.m. in Room 111.
Alderman Long: Today is a special day. I want to wish Alderwoman Gray a very Happy
Birthday.
Mayor Jordan: I leave tomorrow for Washington D.C. for the U.S. Conference of Mayors. I sit
on two committees. One is Urban Housing and the other is Arts, Parks and Tourism. It is always
a good learning time.
Sondra E. Smith, City Clerk/Treasurer
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Legistar ID No.: 2017-0195
AGENDA REQUEST FORM
FOR: Council Meeting of April 18, 2017
FROM: City Council Transportation Committee
City Council Member Matthew Petty, Chair
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION PURSUANT TO ORDINANCE NO. 5652 TO AUTHORIZE MOTOR
VEHICLE ACCESS TO WEST HOTZ DRIVE FROM PROPERTY OWNED BY THE
UNIVERSITY OF ARKANSAS
APPROVED FOR AGENDA:
Cit Council Member Itthew Petty Da e
of ation Comme Chair
Asst. City Attorney Blake Pennington Date
92
yw.