HomeMy WebLinkAbout161-20 RESOLUTION pF FA---ETjP
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113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Resolution: 161-20
File Number: 2020-0419
FAYETTEVILLE'S FIRST OUTDOOR REFRESHMENT AREA:
A RESOLUTION TO ADOPT A PHASING PLAN FOR FAYETTEVILLE'S FIRST OUTDOOR
REFRESHMENT AREA
WHEREAS,at the recommendation of numerous businesses and stakeholders, a phasing plan has
been developed by the Administration to explore various aspects of what the new Arkansas
entertainment district statute allows Fayetteville to do as it relates to public consumption of alcohol
within a designated entertainment district; and
WHEREAS,the phasing plan has been adapted because of the COVID-19 pandemic to
accommodate social distancing guidelines and to help local businesses in the service and hospitality
industries deal with occupancy limitations.
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 approves and adopts the
Phasing Plan for Fayetteville's first outdoor refreshment area, a copy of which is attached to this
Resolution.
PASSED and APPROVED on 6/4/2020
Page 1 Printed on 6/8/20
Resolution: 161-20
File Number: 2020-0419
Approv 41. Attest: .�` ��K.l .... J, ,,.,
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Lioneld Jo • . ayor Kara Paxton, City Clerk Treasurel�,�gS:9RI(ANSP.�'J��`��
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Page 2 Printed on 6/8/20
CF FAYETTF;y City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
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Text File
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File Number: 2020-0419
Agenda Date:6/2/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C 12
FAYETTEVILLE'S FIRST OUTDOOR REFRESHMENT AREA:
A RESOLUTION TO ADOPT A PHASING PLAN FOR FAYETTEVILLE'S FIRST OUTDOOR
REFRESHMENT AREA
WHEREAS,at the recommendation of numerous businesses and stakeholders,a phasing plan has been
developed by the Administration to explore various aspects of what the new Arkansas entertainment district
statute allows Fayetteville to do as it relates to public consumption of alcohol within a designated entertainment
district;and
WHEREAS,the phasing plan has been adapted because of the COVID-19 pandemic to accommodate social
distancing guidelines and to help local businesses in the service and hospitality industries deal with occupancy
limitations.
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 approves and adopts the Phasing
Plan for Fayetteville's first outdoor refreshment area,a copy of which is attached to this Resolution.
City of Fayetteville,Arkansas Page 1 Printed on 5/5/2020
City of Fayetteville Staff Review Form
2020-0419
Legistar File ID
6/2/2020
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Devin Howland 5/15/2020 ECONOMIC DEVELOPMENT(050)
Submitted By Submitted Date Division/Department
Action Recommendation:
APPROVAL OF A RESOLUTION TO ADOPT A PHASING PLAN FOR FAYETTEVILLE'S FIRST OUTDOOR REFRESHMENT
AREA.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $ -
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution tt
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
1p0. FAYETTEVILLE CITY COUNCIL MEMO
111. ARKANSAS
MEETING OF JUNE 2, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Devin Howland, Director of Economic Vitality
Blake Pennington, Assistant City Attorney
DATE: May 15, 2020
SUBJECT: A RESOLUTION TO ADOPT A PHASING PLAN FOR FAYETTEVILLE'S
FIRST OUTDOOR REFRESHMENT AREA
RECOMMENDATION:
Staff is recommending approval of the attached phasing plan which governs the roll out of
Fayetteville's first Outdoor Refreshment Area (presented in a separate ordinance).
BACKGROUND:
Following several public meetings, which were held in the early Fall of 2019, staff planned two
facilitated focus group sessions in November. The first session was held on November 20 and
was a cross section of restaurants, bars, retailers, the Fayetteville Public Library, Fayetteville
Chamber of Commerce, and employers. The second session was held on November 21 and
included representation from retailers, restaurants, property owners, the Advertising and
Promotion Commission, the Walton Arts Center, and Theatre Squared.
While the conversations between the two groups were different—there were commonalities
between the discussions. Advantages identified by both groups were sidewalk cafés, positive
consumer perception, and increased revenue. Disadvantages discussed by both groups
included perceiving an increase in liability, a concern for underage drinking, and the negative
impacts road closures can have on a business's revenue. Ideas in common were rolling out the
sidewalk café component first and tailoring a roll-out/pilot to gain proof of concept. Another idea
was scheduling open consumption times during slow days to increase sales and bring more
people downtown, i.e. Sunday-Wednesday as an example.
Following the draft of the ordinance and phasing plan being completed, staff presented the
ordinance at the Dickson Street Merchants meeting on March 9, 2020. However, four days later
our work on the issue came to an abrupt halt given the public health emergency from COVID-19
pandemic. In May, after weeks of work on the economic response to COVID-19, staff began to
finalize the details of the ordinance and reengage partners. Given the pandemic, the phasing
plan had to be altered. On May 11, 2020 City staff was able to present to the Dickson Street
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Merchants Association, the presentation was recorded and distributed to the organization's
membership.
On May 12, 2020 at the request of the Chairman, City staff presented the proposed ordinance
and phasing plan to the Transportation Committee for the comments, review, and amendments.
A video of the presentation can be seen on the City's website. The committee recommended
approval of the ordinance and phasing to the City Council with the following amendment (the
items highlighted below pertain to the phasing plan):
1. Amendment 1: Loosening of any restrictions to the limited open container consumption
days of the week rather than only Sunday-Wednesday.
2. Amendment 2:Allowing parking lots, private parking lots, and right of way components
such as parallel parking and travel lanes to be used as sidewalk café space or auxiliary
parking when vehicular traffic patterns have been amended temporarily or otherwise.
Staff comments to the amendments can be found in the discussion section below.
DISCUSSION:
At the recommendation of numerous businesses and stakeholders, a phasing plan has been
developed to prove concept and explore various aspects of what Act 812 allows Fayetteville to
do as it relates to public consumption. Following the outbreak of COVID-19, and the need for
prolonged social distancing for the health of our community, and restaurant and accommodation
professionals, the phasing plan was altered significantly in May of 2020 to adapt to the
pandemic. The phasing plan paces the roll out of various aspects of the Outdoor Refreshment
Area. A copy of the proposed phasing plan can be found in this packet (Exhibit A).
In phase one, which begins when the Outdoor Refreshment Area ordinance becomes
enforceable law:
• The City will launch a webpage dedicated to information about the Outdoor Refreshment
Area.
• Sidewalk cafés will be open for application and development.
• The tactical urbanism process (which is not tied to the Outdoor Refreshment Area) will
be available to receive applications for parklets;
o *Restaurants and retailers recent pivot to expanded curbside pickup, delivery,
and drive-thru only should be considered and not interrupted.
o *Tactical urbanism projects such as parklets are already allowed to be submitted
for consideration.
2
• Legacy events conforming with social distancing guidelines, can apply for open
consumption during events;
o *Legacy events are defined as having hosted an approved event in Fayetteville 3
out of the last 5 years.
• The regularly scheduled open consumption district pilot program with open streets can
begin with to-go sales from private clubs, restaurants, and performance venues so long
as appropriate signage and waste receptacles are in place, designated cups and visible
identifiers are obtained and distributed, and advance notice is given to businesses and
the City Council;
o *Regularly scheduled open consumption district pilot program: This would be a
pilot program with no street closures. Participating businesses would be able to
serve to-go to patrons who could consume alcohol within a smaller defined area
within the Outdoor Refreshment Area Boundary. Social distancing guidelines
would have to be adhered to by participants. Before such a program would be
activated, robust collaboration with businesses of all types within the chosen
area, as well as anchor institutions such as the Walton Arts Center, Theatre
Squared, and Fayetteville Public Library shall be done.
• Staff will conduct ongoing, regular assessments of the regularly scheduled open
consumption district pilot program.
In phase two from December 2020 through February 2021:
• The regularly scheduled open consumption district pilot program shall sunset on January
30, 2021;
o *The sunset date will likely need to be extended. No long-term decisions
pertaining to public consumption should be made until an assessment can be
done to review the pilot program under conditions of"full capacity" of anchor
institutions and downtown activity.
• Public meetings will be held with stakeholders and surveys distributed to assess all
aspects of the Outdoor Refreshment Area.
• Staff identifies and develops a management plan which assesses funding options and
makes a formal recommendation to the City Council.
• Staff reports outcomes to the City Council and recommends final ordinance alterations.
• Application process for events developed based on feedback from legacy events.
• Renewal and expansion of regularly scheduled open consumption times can be explored
or the program can be renewed, yet City Council authorization would be needed to
amend the ordinance.
3
In phase three during February 2021:
• Applications for open consumption at events would be available to all events.
• Staff will continue to monitor the Outdoor Refreshment Area to identify successes and
best practices.
• Community engagement with stakeholders and businesses continues.
AMENDMENTS FROM THE TRANSPORTATION COMMITTEE AND STAFF COMMENTS
On May 12, 2020 the Transportation Committee discussed how to make our City Streets more
comfortable for pedestrian and bikes as well as enabling businesses to expand into a street or
parking lot for potentially safer dining during the pandemic. The Outdoor Refreshment Area was
discussed in how the City might integrate these two ideas.
Amendment 1: Loosening of any restrictions to the limited open container consumption days of
the week rather than only Sunday-Wednesday.
• Staff Comments: While staff sees no issue in allowing the ability for the pilot program to
operate seven days a week in the future. Businesses have raised concerns with piloting
the program on Thursdays-Saturday, which is why staff is recommending Sunday-
Wednesday to start the pilot program. Also, concerns have been raised by the
Fayetteville Police Department on policing during these times with a new program. The
ordinance does not govern the phasing plan days of the week, rather a separate
resolution does. However, staffs plan is to maintain consistency with communications to
businesses, including the Dickson Street Merchants Association on May 11, 2020, to
begin the pilot program Sunday-Wednesday. Strong communication, coordination, and
agreement from businesses, anchor institutions within the area would need to be done
before expanding beyond the previously discussed dates.
Amendment 2: Allowing parking lots, private parking lots, and right of way components such as
parallel parking and travel lanes to be used as sidewalk café space or auxiliary parking when
vehicular traffic patterns have been amended temporarily or otherwise.
If the City adopts an ordinance or policy allowing for street and parking lot closures to provide
for social distancing and safer dining, staff believes this plan will be able to integrate those
spaces into the phasing plan without disruption. It is difficult to draft a contingency into the plan
for such closures at this time without knowing what such a policy will look like.
4
BUDGET/STAFF IMPACT:
Until a management plan is developed, and a managing entity identified, and compensated to
manage the program, the program will have a large impact on staff time. Successful
implementation of all aspects of the ordinance will require strong collaboration across various
departments. The success of these programs, specifically the regularly scheduled open
consumption district pilot program, will be dependent upon many of the logistical aspects the
public will not see.
If the City Council decides the continuation of a regularly scheduled open consumption district
beyond the sunset date is right for Fayetteville, an RFP should be developed to solicit proposals
for an entity to manage the district.
Attachments:
Exhibit A: Outdoor Refreshment Area Phasing Plan
5
ENTERTAINMENT DISTRICT OUTDOOR REFRESHMENT AREA PHASING PLAN
Ci of Fayetteville Sidewalk cafés open for Legacy Events*" Regularly scheduled OC district
PHASE 1 e yp Tactical Urbanism Staff conducts an
Website Information application and conforming with social pilot program.** open streets
Target Date Portal opens. development. process prepares for distancing guidelines, begin with to-go sales from private ongoasseing,
regular of regularly
June 2020 expansion of can apply for OC clubs,performance venues,and g y
parklets`. scheduled OC times.
during events. restaurants.
*Restaurants and retailers **Legacy Events defined as 1. the appropriate signage
recent pivot to expanded having hosted an approved &waste recepticals are in
curbside pickup,delivery,and event in Fayetteville 3 out of place,
drive-thru only should be the last 5 years. 2.designated cups&visible
considered and not interrupted. identifiers are obtained&
Tactical Urbanism projects such distributed,
as parklets are already allowed 3.advance notice is given to
to be submitted for City Council&businesses
consideration. within the area.
Regularly scheduled Public meeting held with Staff identifies manage- Staff reports to City Application process for Expansion of regularly scheduled OC
PHASE 2 open consumption stakeholders,survey merit plan,assesses Council;recommends any events developed,based on times can be explored,or
Dec.-Feb. district pilot program distributed. funding options&makes final ordinance alterations. feedback from legacy renewed,yet Council authorization
2021 shall sunset on January formal recommendation events. would be needed to amend the
30,2021*"*. to City Council. ordinance.
***Regularly scheduled open consumption district pilot program:This would be a pilot program with no street closures.
Participating businesses would be able to serve to-go to patrons who could consume alcohol within a smaller defined area
Application for open Program continues to Community engagement within the Outdoor Refreshment Area Boundary.Social distancing guidelines would have to be adhered to by participants.
PHASE 3 consumption at events be monitored for with stakeholders, Before such a program would be activated,robust collaboration with businesses of all types within the chosen area,as well as
Feb.2021 is available. success and best businesses continues. anchor institutions such as the Walton Arts Center,Theatre Squared,and Fayetteville Public Library shall be done.While the
practices. w_,�'" ""°"°`." phasing plan does not restrict the pilot program to certain days of the week(Transportation Committee Amendement),staff will
maintain consistency with communications to businesses to conduct the program from Sunday-Wednesday.Strong
communication,coordination,and agreement from businesses,anchor institutions within the area would need to be done
before expanding beyond the previously discussed dates.
****The sunset date will likely need to be extended.No long-term decisions pertaining to public consumption should be made
until an assessment can be done to review the pilot program under conditions of"full capacity"of anchor institutions and
downtown activity.
Branson, Lisa
From: CityClerk
Sent: Tuesday, May 26, 2020 2:00 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker,Jodi;Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa;Jordan, Lioneld; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk,Teresa;
Smith, Kyle
Cc: ptt@prodigy.net; pete012639@yahoo.com
Subject: FW: City Council Agenda Session, May 26, 2020
Kara,
Please distribute these comments on the draft Agenda for the City Council Meeting next Tuesday,June 2, 2020,to the
Mayor, City Attorney and City Council Members:
1. Unfinished Business Item B.1 (Regulation of Single Use Disposable Bags)should be deferred until normal public
comment and discussion are possible. More importantly,given the present COVID-19 contagion, single-use bags may be
cleaner and safer than re-useable bags brought in from cars and homes. Again, ultimately I support strong restrictions
on all plastic waste that is not readily biodegradable, but this is not the time to implement a broad-ranging policy with
minimal public comment, particularly one which may be less safe for the public.
2. Unfinished Business Item B.2 (Amend Rules of Order and Procedure)should also be deferred until normal public
comment and discussion are possible. This is COMPLETELY unnecessary at this time. I watch the City's meetings on
Zoom and I have heard no more than two comments on any one item, and NO comments on the vast majority of items.
Zoom is enough of a disincentive/obstacle to public involvement during the COVID-19 contagion. On the one occasion
where I wanted to comment I was not able to do so. More importantly, public comment is a fundamental and critical
issue in the public interest, one which should be addressed only after normal procedures are in place allowing in-person
public involvement.
3. New Business Item C.10(Boundaries for an Entertainment District) and Item C.11 (First Outdoor Refreshment Area)--
These are issues which are hardly critical at this time, but which by their nature will affect the public generally. These
can wait until normal City Council procedures are in use.
4. New Business Item C.12 (Professional Fund-Raising Company for City Parks). This smells like hiring another
consultant, as though we need to spend even more tax dollars on yet another"Beltway Bandit", especially when City
revenues are no doubt already depressed. Parks are a core City function. Public parks should be funded under the
general budget from general revenues. They no doubt could be if so much money were not being squandered on artsy-
fartsy extravagances,which should be funded by charitable donations from patrons of the arts and user fees. The City
government has this backwards, contrary to the public interest. Acknowledge the current crisis: Defund the froofroo,
and pay for parks without wasting tax money on another middle-man.
Thank you.
Pete Tonnessen
3500 Hearthstone Drive
Fayetteville,AR 72764
Cell 719-338-7329
1
CityClerk
From: Peter Lane <plane@waltonartscenter.org>
Sent: Wednesday,June 3, 2020 2:14 PM
To: CityClerk; Smith, Kyle; Kinion, Mark; Matthew Petty; Mayor; Bunch, Sarah; Marsh, Sarah;
Scroggin, Sloan; Gutierrez, Sonia;Turk, Teresa
Cc: Norton, Susan; Howland, Devin; Mike Johnson (mrj03@uark.edu);Anne O'Leary-Kelly;
'Jeffery Koenig'; 'adella@adellagray.com'; 'Sarah Elaine Lewis';Justin Tennant;
luribe@uark.edu'; Brian Crowne;Joe Fennel; carl@collierdrug.com; 'Mark Blackwood';
Bill Waite
Subject: Outdoor Refreshment
Attachments: peterl jpg
CAUTION:This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear Mayor Jordan and Fayetteville City Councilors,
I write to you today regarding the proposed Outdoor Refreshment Area ordinance. Members of our team have had the
privilege now of multiple one-on-one conversations with Devin Howland to discuss this topic and how such a program
could have effects on the operations of Walton Arts Center. I've appreciated Devin's approach and his leadership on this
project and I want to thank him for taking the time to have those conversations and make sure our concerns were
considered. As this proposal comes before you this week, I would like to make clear four considerations from our staff
that I hope you will examine before adopting this ordinance.
First,as our team has communicated to Devin,we have great concern with regard to how the implementation of this
proposal will impact the public perception of Dickson Street; specifically how it will affect the perception of some of
Walton Arts Center's most coveted patron demographics including families with small children and seniors. We know
that outdoor alcohol consumption areas work well in other cities. There is no reason to expect that the same will not be
true of Fayetteville. However,the messaging and enforcement required to create a smooth start out of the gate will be
vital to this change being accepted and not given a knee-jerk reaction within the community. I understand the
Transportation Committee has suggested that an initial test run of the program, prior to a sunset date,should include
seven days a week of allowed outdoor alcohol consumption. My understanding is that their support of this stems from
an interest to help local restaurants and bars who are suffering lost business due to the pandemic. We support that
sentiment but would suggest that outdoor consumption be limited to Sunday through Thursday once UA classes resume
and the level of foot traffic and alcohol consumption on Dickson tick back up. Regardless of how behavior of patrons on
Dickson Street changes in reality, if the perception and reputation of Dickson Street as a safe and family-friendly place
are compromised,the damage is done even if there is no increase in crime or ordinance violations. As the City makes a
very large public investment in the Cultural Arts Corridor, this must remain top of mind. We must stay aware of the way
in which the program affects public sentiment as well as police statistics and sales revenue. We must also stay keenly
aware of Dickson Street's proximity to the UA campus and how that is different than some of the models researched in
other communities.
1
Second, I'd like to ask your consideration on the sunset date for the initial ordinance test run. Our staff has discussed
with Devin that in order to truly get good data on how the program will function in the long term,the initial run has to
include a stress test period,where not only are bars and restaurants running at their full unencumbered capacity but so
are the entertainment district's anchor institutions (Walton Arts Center, George's Majestic Lounge,TheatreSquared,
etc.) Dickson Street serves many different demographics of patrons and it will be important to our analysis following the
sunset date to have an understanding of how all businesses have been affected. To that point, planning for a period of
public feedback and perhaps a survey that businesses can send to their patrons during the initial run as the sunset date
approaches is in order.
Third, as the business with the most frontage on Dickson Street, and some of the most likely gathering spots for those
looking for a place to sit outdoors with their beverages, we anticipate the rollout of this program on a large scale could
result in increased cleaning and security costs for our organization. Prior to rollout, we ask that the Council, police and
City staff give serious consideration to how littering and loitering will be controlled on unfenced property of local
businesses. Having planters and gardens full of used compostable cups and groups of patrons from surrounding
businesses gathering on our front steps to sit and drink create certain aesthetic and safety challenges for us that we ask
you give serious consideration and would appreciate your assistance in having a plan to manage these issues moving
forward that does not rely solely on WAC facilities and security teams to bear the brunt of enforcement. Whether WAC
chooses to participate in the program or not,the consequences of the program will literally come to our front door.
Lastly, I ask the Council to weigh carefully instituting a policy of approving additional parklets in the entertainment
district so that those businesses without adequate sidewalk real estate can take advantage of the outdoor café portion
of the program. As you are well aware, our organization and many of our colleagues on Dickson Street have fought long
hard battles previously to ensure that adequate public parking exists in the area to service the needs of all parties. Let
us be careful not to solve one perceived problem with a solution that takes us backwards on our progress toward solving
another problem.
I appreciate your time and consideration on this matter and would also like to take this opportunity to thank you all for
your leadership shown this past week as related to the protests of systemic discrimination within our society. Last
night's event on the Square demonstrated to a large degree what makes Fayetteville special and this is a community for
which we can all show great pride.
Please stay healthy and safe during this time.
Sincerely,
[cid:9c947aec-15f9-43e0-921c-8cfcc211de5a]
Peter B. Lane
Peter B. Lane, President/CEO
Walton Arts Center I Walmart AMP
P.O. Box 3547, Fayetteville,AR 72702
Office:479.571.2770
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