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HomeMy WebLinkAbout2019-07-16 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting July 16, 2019 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 16, 2019 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A. Consent 1. Approval of the June 18, 2019 and July 2, 2019 City Council Meeting Minutes. APPROVED 2. 2019 Community Development Block Grant: A resolution to approve the 2019 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG agreement for 2019 in the amount of $702,439.00 when received, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-19 3. Community Development Block Grant Program Income: A resolution to approve a budget adjustment in the total amount of $2,047.00 representing Community Development Block Grant program income received from a lien payoff and donations from citizens and local businesses. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-19 4. RFP 19-29 American Soccer Company Inc. d/b/a Score Sports: A resolution to award RFP 19-29 and authorize a contract for the purchase of youth soccer uniforms from American Soccer Company Inc. d/b/a Score Sports in the amount of $12.10 plus applicable taxes per uniform for the Fall 2019 and Spring 2020 seasons with an option to renew for up to four additional one-year terms. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-19 5. Crossland Construction Company, Inc. Change Order No. 4: A resolution to approve Change Order No. 4 to the contract with Crossland Construction Company, Inc. In the amount of $2,575,959.00 for additional trade packages associated with the Fayetteville Public Library Expansion Project, and to approve a project contingency of 14.5% to be held by the Fayetteville Public Library. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-19 6. Crafton, Tull & Associates, Inc.: A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ #19-01, in the total amount of $110,400.00 for street, drainage and waterline design services for a portion of the Rupple Road Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-19 7. McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #14-01, in 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov the total amount of $167,610.00 for updated street, drainage and water line design services for The Zion Road - Vantage to Crossover Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-19 8. Arkansas Historic Preservation Program: A resolution to authorize a contract with the Arkansas Historic Preservation Program for acceptance of a Certified Local Government Grant in the amount of $790.00 to pay for travel and training expenses, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-19 9. Multi -Craft Contractors, Inc.: A resolution to approve a contract with Multi -Craft Contractors, Inc., pursuant to Resolution 163-16, for repairs to the drainage system at the City Transfer Station in the amount of $67,364.00, and to approve a project contingency in the amount of $6,124.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 170-19 10. Automatic Engineering: A resolution to accept a quote in the amount of $16,537.39 plus applicable taxes and freight charges from Automatic Engineering for the replacement of a mixer used at the Paul R. Noland Wastewater Treatment Facility, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-19 B. Unfinished Business: 1. Tree Preservation Easement: A resolution to approve the vacation and abolishment of a tree preservation easement dedicated as part of the Large Scale Development for the construction of the JD China Restaurant on Martin Luther King Boulevard in 2001, contingent on the dedication of two replacement tree preservation easements totaling approximately 1 acre. TABLED INDEFINITELY 2. Amend §31.45(C) Duties of the Fayetteville City Code: An ordinance to amend §31.45(C) Duties of the Fayetteville City Code to affirm that the City Prosecutor has the traditional inherent power to exercise discretion to dismiss most misdemeanor criminal cases. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6204 3. Enact Chapter 75 Electric Motorized Scooters and Scooter -Share Programs: An ordinance to enact Chapter 75 Electric Motorized Scooters and Scooter -Share Programs. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6205 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov 4. RZN 19-6666 (119 & 127 S. West St./Canfield): An ordinance to rezone that property described in rezoning petition RZN 19-6666 for approximately 0.40 acres located at 119 and 127 South West Avenue from NC, Neighborhood Conservation to MSC, Main Street/Center. THIS ORDINANCE WAS LEFT ON THE SECOND READING C. New Business: 1. Amend Chapter 173 Building Regulations: An ordinance to amend Chapter 173 Building Regulations of the Fayetteville Unified Development Code to align the city's building regulations with current building codes and eliminate unnecessary requirements that have little or no impact on the quality or safety of buildings within the city. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6206 2. Amend §161.29 Neighborhood Conservation: An ordinance to amend §161.29 Neighborhood Conservation of the Fayetteville Unified Development Code to change the lot width minimum for all dwelling types to 40 feet. THIS ORDINANCE WAS LEFT ON THE FIRST READING 3. Amend Chapter 166.08, Street Design and Access Management Standards: An ordinance to amend chapter 166.08, Street Design and Access Management Standards of the Fayetteville Unified Development Code to modify the applicability, access management, and nonconforming access features regulations to remove barriers that discourage renovation and improvement of existing structures. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6207 4. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone: An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to convert portions of restricted residential -only parking along Locust Avenue and Lafayette Street and portions of paid -only on -street parking along Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed-use parking areas. THIS ORDINANCE WAS LEFT ON THE FIRST READING 5. RZN 19-6696 (1960 E. Huntsville Rd./Tripodi-Quinn): An ordinance to rezone that property described in rezoning petition RZN 19-6696 for approximately 0.28 acres located at 1960 East Huntsville Road from RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services -General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO 6208 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov 6. RZN 19-6703 (535 S. Broyles Ave./Woolsey Farm): An ordinance to rezone that property described in rezoning petition RZN 19-6703 for approximately 30.17 acres located at 535 South Broyles Avenue from R -A, Residential Agricultural to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6209 7. Amend Chapter 157, Notification and Public Hearings: An ordinance to amend Chapter 157, Notification and Public Hearings of the Fayetteville Unified Development Code by expanding the notification requirements for public hearings on applications for developments, annexations, zoning map amendments, conditional use permits, zoning variances, and large site improvement plans. THIS ORDINANCE WAS LEFT ON THE FIRST READING 8. Short Term Rentals: A resolution to request that city staff study and develop an ordinance to regulate short-term rentals in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-19 Announcements City Council Agenda Session Presentations Agenda Session Presentation — Beaver Watershed Alliance. City Council Tour: None Adjournment: 8:48 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: July 16, 2019 Adjourn:,' Subject: Roll Motion To: Scroggin LIZ Bunch Turk Seconded: Smith Scroggin Gutierrez Bunch Marsh Turk Kinion Smith Petty Gutierrez Mayor Jordan Marsh Subject: Motion To: Motion By: Seconded: Scroggin Bunch Turk Smith Gutierrez Marsh Kinion Petty Mayor Jordan City Council Meeting: July 16, 2019 Subject: Consent Motion To: Motion By: -.. Seconded: z A. 1- A. 10 Ip --f -', //- Scroggin -' Bunch !/J Turk ' Smith Gutierrez Marsh Kinion Petty Mayor Jordan Subject: Motion To: Motion By: Seconded: Scroggin Bunch Turk Smith Gutierrez Marsh Kinion Petty Mayor Jordan City Council Meeting: July 16, 2019 Subject: TREE PRESERVATION EASEMENT 2019-0299 Motion To: `T /� r ll r<_l' •�_tCe Motion By: G c �..r •. Seconded: B.1 Unfinished Business 1(661 r / j Scroggin J Bunch r/ Turk Smith Gutierrez Gutierrez Marsh Marsh Kinion Kinion Petty Petty Mayor Jordan Mayor Jordan Subject: AMEND 31.45 © DUTIES OF THE FAYETTEVILLE CITY CODE 2019-0426 Motion To: n.r Motion By: G c �..r •. Seconded: B.2 Unfinished Business Scroggin Bunch Turk Smith n O � �C Gutierrez Marsh Kinion Petty Mayor Jordan City Council Meeting: July 16, 2019 Subject: ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS 2019-0407 Motion To: j . /fir Motion By: C YD Seconded: — B.3 Unfinished Business It -Q Xf I �O5 Scroggin �^Al Bunch r r Turk Turk Smith U n Smith Gutierrez - Gutierrez G" Marsh Marsh Kinion c� Kinion Petty Petty Mayor Jordan Mayor Jordan Subject: RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD) 2019-0379 Motion To: Motion By: . n A Seconded:, B.4 Unfinished Scroggin Bunch Business Turk U n Smith Gutierrez Marsh Kinion Petty Mayor Jordan V_0 City Council Meeting: July 16, 2019 Subject: Motion To: Motion By: Seconded: ' d �S Scroggin Bunch Turk c - Smith Gutierrez Gutierrez Marsh Marsh Kinion Kinion Petty Petty Mayor Jordan Subject: Motion To: Motion By: Seconded: Scroggin Bunch Turk Smith Gutierrez Marsh Kinion Petty [Mayor Jordan City Council Meeting: July 16, 2019 Subject: AMEND CHAPTER 173 BUILDING REGULATIONS 2019-0364 Motion To: Motion By:i'e Seconded: �� u G C.1 New Business 00�Pet Scroggin ,J Bunch ✓'� l/ Turk Turk Smith Gutierrez Gutierrez Marsh Marsh Kinion Kinion Petty Mayor Jordan Mayor Jordan Subject: AMEND 161.29 NEIGHBORHOOD CONSERVATION 2019-0415 Motion To: Motion By: Seconded: C.2 Scroggin New Business .0 QSmith TI -6- /- �v Bunch Turk Gutierrez Marsh Kinion Petty Mayor Jordan City Council Meeting: July 16, 2019 Subject: AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS 2019-0359 Motion To: Motion By: /Vila, L'�o� Seconded: C.3 New Business ©� Scroggin -- Bunch t/ G Turk ✓ . - Smith Smith Gutierrez Gutierrez Marsh 4-r Marsh Kinion Petty Mayor Jordan Petty Subject: AMEND 72.18 RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE 2019-0401 Motion To: Motion By: Seconded: C.4 Scroggin New Bunch Business Turk Smith Gutierrez 4-r Marsh Kinion r ` Petty Mayor Jordan City Council Meeting: July 16, 2019 Subject: RZN 19-6696 (1960 E. HUNTSVILLE RD./TRIPODI-QUINN) 201-0417 Motion To: Motion By: Motion By: ,A Seconded: Seconded: LLli�cP G Jr C.6 New Business 6 � 0 C.5 New Business G(�()q Scroggin Bunch Bunch Turk Turk Smith Smith = Gutierrez Gutierrez Marsh Marsh c_ Kinion Kinion Petty Petty Mayor Jordan Mayor Jordan Subject: RZN 19-6703 (535 S. BROYLES AVE./WOOLSEY FARM) 2019-0420 Motion To: Motion By: Seconded: LLli�cP G Jr C.6 New Business 6 � 0 Scroggin--' Bunch Turk Smith L Gutierrez Marsh c_ Kinion Petty -" Mayor Jordan City Council Meeting: July 16, 2019 Subject: AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS 2019-0358 Motion To: Motion By: Seconded: i C.7 Scroggin New Business Bunch Turk Turk Smith Smith Gutierrez Gutierrez Marsh Marsh Kinion Kinion Petty Petty Mayor Jordan Mayor Jordan Subject: SHORT TERM RENTALS 2019-0348 Motion To: Motion By: Seconded: i C.8 New Business I 1 Scroggin Bunch Turk Smith Gutierrez Marsh Kinion Petty Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 rte' 1' City Council Agenda Session Tentative Agenda Tuesday, July 9, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Wird 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Aftorney Kit Williams City Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1V 2018-0677 MONTHLY FINANCIAL REPORT - PAUL BECKER Agenda Additions A. Consent: AA, 2019-0012 APPROVAL OF THE JUNE 18, 2019 AND JULY 2, 2019 CITY COUNCIL MEETING MINUTES A'.2 2019-0339 2019 COMMUNITY DEVELOPMENT BLOCK GRANT: July 9, 2019 A RESOLUTION TO APPROVE THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2019 IN THE AMOUNT OF $702,439.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 7/3/2019 City Council Agenda Session Agenda Session Tentative Agenda m ,A!4 m 2019-0402 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME: July 9, 2019 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $2,047.00 REPRESENTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED FROM A LIEN PAYOFF AND DONATIONS FROM CITIZENS AND LOCAL BUSINESSES 2019-0391 RFP 19-29 AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS: A RESOLUTION TO AWARD RFP 19-29 AND AUTHORIZE A CONTRACT FOR THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS IN THE AMOUNT OF $12.10 PLUS APPLICABLE TAXES PER UNIFORM FOR THE FALL 2019 AND SPRING 2020 SEASONS WITH AN OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE-YEAR TERMS 2019-0403 CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,575,959.00 FOR ADDITIONAL TRADE PACKAGES ASSOCIATED WITH THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN FOR 14.5% TO BE HELD BY THE FAYETTEVILLE PUBLIC LIBRARY City of Fayetteville, Arkansas Page 3 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda July 9, 2019 2019-0418 CRAFTON, TULL & ASSOCIATES, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ #19-01, IN THE TOTAL AMOUNT OF $110,400.00 FOR STREET, DRAINAGE AND WATERLINE DESIGN SERVICES FOR A PORTION OF THE RUPPLE ROAD PROJECT A.-7 2019-0419 MCCLELLAND CONSULTING ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #14-01, IN THE TOTAL AMOUNT OF $167,610.00 FOR UPDATED STREET, DRAINAGE AND WATER LINE DESIGN SERVICES FOR THE ZION ROAD - VANTAGE TO CROSSOVER PROJECT (" 2019-0405 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $790.00 TO PAY FOR TRAVEL AND TRAINING EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT �X'9 2019-0374 MULTI -CRAFT CONTRACTORS, INC.: A RESOLUTION TO APPROVE A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC., PURSUANT TO RESOLUTION 163-16, FOR REPAIRS TO THE DRAINAGE SYSTEM AT THE CITY TRANSFER STATION IN THE AMOUNT OF $67,364.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,124.00 City of Fayetteville, Arkansas Page 4 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda °l0 2019-0406 AUTOMATIC ENGINEERING: July 9, 2019 A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $16,837.39 PLUS APPLICABLE TAXES FROM AUTOMATIC ENGINEERING FOR THE REPLACEMENT OF A MIXER USED AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT B. Unfinished Business: IM 2019-0299 TREE PRESERVATION EASEMENT: A RESOLUTION TO APPROVE THE VACATION AND ABOLISHMENT OF A TREE PRESERVATION EASEMENT DEDICATED AS PART OF THE LARGE SCALE DEVELOPMENT FOR THE CONSTRUCTION OF THE JD CHINA RESTAURANT ON MARTIN LUTHER KING BOULEVARD IN 2001, CONTINGENT ON THE DEDICATION OF TWO REPLACEMENT TREE PRESERVATION EASEMENTS TOTALING APPROXIMATELY 1 ACRE At the June 18, 2019 City Council Meeting this item was tabled to the July 16, 2019 City Council Meeting. 2019-0426 AMEND §31.45(C) DUTIES OF THE FAYETTEVILLE CITY CODE: AN ORDINANCE TO AMEND §31.45(C) DUTIES OF THE FAYETTEVILLE CITY CODE TO AFFIRM THAT THE CITY PROSECUTOR HAS THE TRADITIONAL INHERENT POWER TO EXERCISE DISCRETION TO DISMISS MOST MISDEMEANOR CRIMINAL CASES At the July 2, 2019 City Council Meeting this item was left on the first reading City of Fayetteville, Arkansas Page 5 Printed on 713/2019 City Council Agenda Session Agenda Session Tentative Agenda A. 3 2019-0407 ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS: July 9, 2019 AN ORDINANCE TO ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS At the July 2, 2019 City Council Meeting this item was left on the first reading. ,,Ir"4 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER At the July 2, 2019 City Council Meeting this item was left on the first reading. C. New Business: 2019-0364 AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH CURRENT BUILDING CODES AND ELIMINATE UNNECESSARY REQUIREMENTS THAT HAVE LITTLE OR NO IMPACT ON THE QUALITY OR SAFETY OF BUILDINGS WITHIN THE CITY City of Fayetteville, Arkansas Page 6 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda L 2019-0415 AMEND §161.29 NEIGHBORHOOD CONSERVATION: July 9, 2019 AN ORDINANCE TO AMEND §161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET GC.3 2019-0359 AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS: AN ORDINANCE TO AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO MODIFY THE APPLICABILITY, ACCESS MANAGEMENT, AND NONCONFORMING ACCESS FEATURES REGULATIONS TO REMOVE BARRIERS THAT DISCOURAGE RENOVATION AND IMPROVEMENT OF EXISTING STRUCTURES `' 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS City of Fayetteville, Arkansas Page 7 Printed on 7/3/2019 City Council Agenda Session Agenda Session Tentative Agenda I �6 4)e'.__7 2019-0417 RZN 19-6696 (1960 E. HUNTSVILLE RD./TRIPODI-QUINN): July 9, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6696 FOR APPROXIMATELY 0.28 ACRES LOCATED AT 1960 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 2019-0420 RZN 19-6703 (535 S. BROYLES AVEJWOOLSEY FARM): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6703 FOR APPROXIMATELY 30.17 ACRES LOCATED AT 535 SOUTH BROYLES AVENUE FROM R -A, RESIDENTIAL AGRICULTURAL TO P-1, INSTITUTIONAL 2019-0358 AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS: AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS City of Fayetteville, Arkansas Page 8 Printed on 7/3/2019 City Council Agenda Session Agenda Session Tentative Agenda p!8 2019-0348 SHORT TERM RENTALS: July 9, 2019 A RESOLUTION TO REQUEST THAT CITY STAFF STUDY AND DEVELOP AN ORDINANCE TO REGULATE SHORT-TERM RENTALS IN THE CITY OF FAYETTEVILLE D. City Council Agenda Session Presentations: b-1— 2019-0394 AGENDA SESSION PRESENTATION: BEAVER WATERSHED ALLIANCE E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 9 Printed on 7/3/2019 14(Q , Th Q t J a (0 17131 Y City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, July 9, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions C' y Council Meeting Presentations, Reports and Discussion Items: 2015-0677 MONTHLY FINANCIAL REPORT - PAUL BECKER Agenda Additions A. Consent: A.:1 2019-0012 APPROVAL OF THE JUNE 18, 2019 AND JULY 2, 2019 CITY COUNCIL MEETING MINUTES M 2 2019-0339 2019 COMMUNITY DEVELOPMENT BLOCK GRANT: July 9, 2019 A RESOLUTION TO APPROVE THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2019 IN THE AMOUNT OF $702,439.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda July 9, 2019 3 2019-0402 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $2,047.00 REPRESENTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED FROM A LIEN PAYOFF AND DONATIONS FROM CITIZENS AND LOCAL BUSINESSES �r A.4 2019-0391 RFP 19-29 AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS: A RESOLUTION TO AWARD RFP 19-29 AND AUTHORIZE A CONTRACT FOR THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS IN THE AMOUNT OF $12.10 PLUS APPLICABLE TAXES PER UNIFORM FOR THE FALL 2019 AND SPRING 2020 SEASONS WITH AN OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE-YEAR TERMS A� n 2019-0403 CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,575,959.00 FOR ADDITIONAL TRADE PACKAGES ASSOCIATED WITH THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN FOR 14.5% TO BE HELD BY THE FAYETTEVILLE PUBLIC LIBRARY City of Fayetteville, Arkansas Page 3 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda 6 2019-0418 CRAFTON, TULL & ASSOCIATES, INC.: July 9, 2019 A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ #19-01, IN THE TOTAL AMOUNT OF $110,400.00 FOR STREET, DRAINAGE AND WATERLINE DESIGN SERVICES FOR A PORTION OF THE RUPPLE ROAD PROJECT A 7 2019-0419 MCCLELLAND CONSULTING ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #14-01, IN THE TOTAL AMOUNT OF $167,610.00 FOR UPDATED STREET, DRAINAGE AND WATER LINE DESIGN SERVICES FOR THE ZION ROAD - VANTAGE TO CROSSOVER PROJECT /y A.8 2019-0405 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $790.00 TO PAY FOR TRAVEL AND TRAINING EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT i� Alf /1)' 2019-0374 MULTI -CRAFT CONTRACTORS, INC.: A RESOLUTION TO APPROVE A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC., PURSUANT TO RESOLUTION 163-16, FOR REPAIRS TO THE DRAINAGE SYSTEM AT THE CITY TRANSFER STATION IN THE AMOUNT OF $67,364.00, AND TO APPROVE A PROJECT CONTINGENCY 1N THE AMOUNT OF $6,124.00 City of Fayetteville, Arkansas Page 4 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda B. OW-mished Business: KA 2019-0299 TREE PRESERVATION EASEMENT: July 9, 2019 A RESOLUTION TO APPROVE THE VACATION AND ABOLISHMENT OF A TREE PRESERVATION EASEMENT DEDICATED AS PART OF THE LARGE SCALE DEVELOPMENT FOR THE CONSTRUCTION OF THE JD CHINA RESTAURANT ON MARTIN LUTHER KING BOULEVARD IN 2001, CONTINGENT ON THE DEDICATION OF TWO REPLACEMENT TREE PRESERVATION EASEMENTS TOTALING APPROXIMATELY 1 ACRE At the June 18, 2019 City Council Meeting this item was tabled to the July 16, 2019 City Council Meeting. 13.2 2019-0426 AMEND §31.45(C) DUTIES OF THE FAYETTEVILLE CITY CODE: AN ORDINANCE TO AMEND §31.45(C) DUTIES OF THE FAYETTEVILLE CITY CODE TO AFFIRM THAT THE CITY PROSECUTOR HAS THE TRADITIONAL INHERENT POWER TO EXERCISE DISCRETION TO DISMISS MOST MISDEMEANOR CRIMINAL CASES At the July 2, 2019 City Council Meeting this item was left on the first reading. 13.3 2019-0407 ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS: AN ORDINANCE TO ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS At the July 2, 2019 City Council Meeting this item was left on the first reading City of Fayetteville, Arkansas Page 5 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): July 9, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER At the July 2, 2019 City Council Meeting this item was left on the first reading C. New Business: Nivu G:)2019-0348 IN SHORT TERM RENTALS: A RESOLUTION TO REQUEST THAT CITY STAFF STUDY AND DEVELOP AN ORDINANCE TO REGULATE SHORT-TERM RENTALS IN THE CITY OF FAYETTEVILLE 2019-0417 RZN 19-6696 (1960 E. HUNTSVILLE RD./TRIPODI-QUINN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6696 FOR APPROXIMATELY 0.28 ACRES LOCATED AT 1960 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL City of Fayetteville, Arkansas Page 6 Printed on 7/3/2019 City Council Agenda Session Agenda Session Tentative Agenda C.3 2019-0420 (v RZN 19-6703 (535 S. BROYLES AVE./WOOLSEY FARM): July 9, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6703 FOR APPROXIMATELY 30.17 ACRES LOCATED AT 535 SOUTH BROYLES AVENUE FROM R -A, RESIDENTIAL AGRICULTURAL TO P-1, INSTITUTIONAL C4 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS C. 5 2019-0358 (� AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS: AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS, AND TO REDUCE THE NOTIFICATION RADIUS FOR MANUFACTURED AND MOBILE HOMES FROM FIVE HUNDRED FEET TO TWO HUNDRED FEET City of Fayetteville, Arkansas Page 7 Printed on 7/3/2019 City Council Agenda Session Agenda Session Tentative Agenda " C'.6 2019-0415 AMEND §161.29 NEIGHBORHOOD CONSERVATION: July 9, 2019 AN ORDINANCE TO AMEND §161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET C'. 7 2019-0359 (� AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS: AN ORDINANCE TO AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO MODIFY THE APPLICABILITY, ACCESS MANAGEMENT, AND NONCONFORMING ACCESS FEATURES REGULATIONS TO REMOVE BARRIERS THAT DISCOURAGE RENOVATION AND IMPROVEMENT OF EXISTING STRUCTURES C. S 2019-0364 AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH CURRENT BUILDING CODES AND ELIMINATE UNNECESSARY REQUIREMENTS THAT HAVE LITTLE OR NO IMPACT ON THE QUALITY OR SAFETY OF BUILDINGS WITHIN THE CITY City of Fayetteville, Arkansas Page 8 Printed on 71312019 City Council Agenda Session Agenda Session Tentative Agenda C. 2019-0406 61 AUTOMATIC ENGINEERING: July 9, 2019 A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $16,837.39 PLUS APPLICABLE TAXES FROM AUTOMATIC ENGINEERING FOR THE REPLACEMENT OF A MIXER USED AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT YD. ily Council Agenda Session Presentations: 1 2019-0394 AGENDA SESSION PRESENTATION: BEAVER WATERSHED ALLIANCE E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 9 Printed on 7/312019 lAk OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Jodi Batker THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams, City Attorney DATE: July 17, 2019 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 16, 2019 1. A RESOLUTION TO APPROVE THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2019 IN THE AMOUNT OF $702,439.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT 2. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $2,047.00 REPRESENTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED FROM A LIEN PAYOFF AND DONATIONS FROM CITIZENS AND LOCAL BUSINESSES A RESOLUTION TO AWARD RFP 19-29 AND AUTHORIZE A CONTRACT FOR THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS IN THE AMOUNT OF $12.10 PLUS APPLICABLE TAXES PER UNIFORM FOR THE FALL 2019 AND SPRING 2020 SEASONS WITH AN OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE- YEAR TERMS 4. A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,575,959.00 FOR ADDITIONAL TRADE PACKAGES ASSOCIATED WITH THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY OF 14.5% TO BE HELD BY THE FAYETTEVILLE PUBLIC LIBRARY 5. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ #19-01, IN THE TOTAL AMOUNT OF $110,400.00 FOR STREET, DRAINAGE AND WATERLINE DESIGN SERVICES FOR A PORTION OF THE RUPPLE ROAD PROJECT 6. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ # 14-01, IN THE TOTAL AMOUNT OF $167,610.00 FOR UPDATED STREET, DRAINAGE AND WATER LINE DESIGN SERVICES FOR THE ZION ROAD - VANTAGE TO CROSSOVER PROJECT. 7. A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $790.00 TO PAY FOR TRAVEL AND TRAINING EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT 8. A RESOLUTION TO APPROVE A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC., PURSUANT TO RESOLUTION 163-16, FOR REPAIRS TO THE DRAINAGE SYSTEM AT THE CITY TRANSFER STATION IN THE AMOUNT OF $67,364.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,124.00 9. A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $16,537.39 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM AUTOMATIC ENGINEERING FOR THE REPLACEMENT OF A MIXER USED AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 10. AN ORDINANCE TO AMEND §31.45(C) DUTIES OF THE FAYETTEVILLE CITY CODE TO AFFIRM THAT THE CITY PROSECUTOR HAS THE TRADITIONAL INHERENT POWER TO EXERCISE DISCRETION TO DISMISS MOST MISDEMEANOR CRIMINAL CASES 11. AN ORDINANCE TO ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS 12. AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH CURRENT BUILDING CODES AND ELIMINATE UNNECESSARY REQUIREMENTS THAT HAVE LITTLE OR NO IMPACT ON THE QUALITY OR SAFETY OF BUILDINGS WITHIN THE CITY 13. AN ORDINANCE TO AMEND §161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET 2 14. AN ORDINANCE TO AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO MODIFY THE APPLICABILITY, ACCESS MANAGEMENT, AND NONCONFORMING ACCESS FEATURES REGULATIONS TO REMOVE BARRIERS THAT DISCOURAGE RENOVATION AND IMPROVEMENT OF EXISTING STRUCTURES 15. AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS 16. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6696 FOR APPROXIMATELY 0.28 ACRES LOCATED AT 1960 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 17. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6703 FOR APPROXIMATELY 30.17 ACRES LOCATED AT 535 SOUTH BROYLES AVENUE FROM R -A, RESIDENTIAL AGRICULTURAL TO P- 1, INSTITUTIONAL 18. A RESOLUTION TO REQUEST THAT CITY STAFF STUDY AND DEVELOP AN ORDINANCE TO REGULATE SHORT-TERM RENTALS IN THE CITY OF FAYETTEVILLE 3 SERVICE ESTIMATE Customer: City of Fayetteville, AR Contact : Brian Daniels Date: 06/28/2019 Phone: 479-575-8386 Fax: 479-684-4730 Project: Quote #: 7016772 Opp #: OP -482361 Dear Brian, We are pleased to offer the following estimate for your review. Automatic - Municipal Tulsa 412 N. Redbud Ave. AUTOMATIC Broken Arrow, OK 74012 ENGINEERING Phone: 918-585-5703 A COGENT COMPANY Fax: 918-585-5707 Line No Quantity Description of Unit Net Each Net Ext. 1 1.00 LIGHTNIN 83Q5 GEARBOX AND MOTOR Serial Number - 8625435509 ■ Lightning gearbox exchange with refurbished unit. 1.00 ■ GEARBOX EXCHANGE Total Delivery: ................... 1 - 2 week(s) after receipt of P.O. FOB Point: .................. Shipping Point Terms of Payment: ...... Upon Receipt Quote Validity: ............ 30 Days Thank you for the opportunity to provide you with this estimate. Please let us know how you would like to proceed. Quoted By: Bryant Peterson bpeterson@cogentcompanies.com 816-460-1635 Salesrep: Tim Hunt thunt@aei-inc.com $16,537.39 STANDARD TERMS AND CONDITIONS Price is FOB destination and does not include any freight charges. Price does not include any applicable duties or sales tax, use tax, excise tax, value-added or other similar taxes that may apply to this equipment and/or project. Unless specifically stated, price does not include manual or automatic controls, starters, protective or signal devices, wiring, anchor bolts, gauges, vibration isolation devices, installation, startup or testing. If the price is included in a proposal, the price is firm for receipt of an order within 30 days of the date shown on the proposal. Any additional terms and conditions included in the proposal are specifically included in these terms and conditions. Unless otherwise expressly agreed to in writing by Seller, all shipments are FOB destination at which point title also transfers. Payment is due upon receipt of the invoice. Retainage of any invoiced amount is unacceptable unless specifically agreed to by Company at the time of order, and shall in no case exceed a period of 120 days. If payments are not timely received by Company, and this account is turned over to an attorney for collections, Customer agrees to pay all reasonable costs and attorney fees incurred in collection of the past due amounts. Payment of 'commercial transaction' invoices by credit card will be charged a fee based upon Cogent's average discount rate for credit card transactions for the prior calendar year. This fee will change annually and is currently 2.55%. All equipment either rented from or through Company is subject to all of the terms and conditions listed on the back of the rental contract. Pricing does not include any overtime running of power equipment. Customer shall be responsible for determining the good operating condition of all materials and equipment prior to accepting the materials and equipment. NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IS MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH IN WRITING AND ACCEPTED IN WRITING BY COMPANY, BUT IN SUCH CASE THE WARRANTY OR GUARANTEE IS LIMITED AS ABOVE PROVIDED. Notwithstanding the foregoing, Company will pass through to the Customer any warranty provided by the manufacturer of any equipment supplied by Company. Warranty on workmanship is 12 months from delivery. In connection with a proposal, if Customer has any further questions or comments regarding the proposal, please feel free to contact Company. If the proposal meets with Customer's approval, please sign, date and mail or fax a copy of the proposal back to Company's office, and the identified equipment will be ordered and/or scheduled for delivery. This agreement shall be governed by the laws of the state of Arkansas. Customer further agrees that venue and jurisdiction shall be appropriate in the county in which the customer is located. Any provisions hereof which may prove unenforceable under any law shall not affect the validity of any other provision hereof. Revised January 2019 lil OFFICE OF THE CITY ATTORNEY TO: FROM: DATE: DEPARTMENTAL CORRESPONDENCE Kit Williains Cite Atforno, Blake Pennington Assistant Cite Attomey Mayor Jordan Jodi satker City Council Parralegca) 4; Blake Pennington, Assistant City Attome Peter Nierengarten, Environmental Director July 11, 2019 RE: Final Recommended E -Scooter Ordinance Revisions During Tuesday's agenda session, Peter Nierengarten and 1 presented some proposed amendments in § 75.10 that are our attempts to incorporate some of your concerns and. recommendations. In addition to those changes, we have discovered during the process of designing the application that a couple more changes to the application process will benefit both applicants and staff during the permitting process. Attached is what we believe is the final recommendation by the Administration for the electric scooter ordinance. If you agree with these changes, please move to amend the ordinance next Tuesday. 1. § 75.10(C) Reduced the initial maximum number of deployed scooters from 1000 to 500 during the first 6 months of operation. Also removed the upper limit on permits; this is done in conjunction with changes that would allow administrative approval of additional permits based on demand and consideration of safety and other factors related to the continued safe operation of the scooter share programs in § 75.10(G). 2. §75.10(D)(2) - Removed the requirement for a verified signature which is difficult to require in an electronic application. Page Two - Final Recommended E -Scooter ordinance 3. § 75.10(D)(4) - Separated application fees and per -scooter fees; the proposed change will allow an applicant to pay the application or renewal fee at the time an application is submitted online but per - scooter fees would not be collected until just before initial or renewal permits are issued. 4. § 75.10(G) - Clarifies the administrative adjustment procedure; (G)(1) removes the limit on the number of scooters in a fleet but still requires rationale and analysis proving the need exists; (G) (2) allows (but does not require) the administration to reduce a fleet size if the target average of 2 rides per day per scooter is not met; and (G) (3) would allow the administration to create zones to ensure a balance of scooters throughout town. This zoning could be similar to how Austin dealt with the balance issue by creating a downtown core zone (see attached map) and then requiring additional scooters to be deployed outside of that core. 5. § 75.10(I & J) - Strengthens the ability of the administration to refuse to issue initial or renewal permits as well as revoke or suspend permits for violations of the e -scooter ordinances. 0 EXHIBIT A Chapter 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS ARTICLE I GENERAL PROVISIONS § 75.01 Definitions (A)(1) "Electric motorized scooter" means a device that: (i) Weighs less than one hundred pounds (100 lbs); (ii) Has two (2) or three (3) wheels; (iii) Has a handlebar; (iv) Is equipped with a floorboard that can be used to stand on while riding the electric motorized scooter; (v) Is powered by an electric motor; and (vi) Has a maximum speed of twenty miles per hour (20 m.p.h.) with or without human propulsion on a paved level surface. (2) "Electric motorized scooter" does not include A motorcycle, an electric bicycle, an electric personal assisted mobility device, a motor -driven cycle, a motorized bicycle as defined in Ark. Code Ann. § 27-20- 101, a moped; or an electric bicycle under Ark. Code Ann. § 27-51-1702; (B) "Scooter -share operator" means a person or company offering a shared scooter for hire; (C) "Scooter -share program" means a service in which a shared scooter is made available to use for hire; and (D) "Shared scooter" means an electric motorized scooter offered for hire. § 75.02 Operation of electric motorized scooters Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a scooter -share program, are subject to the following regulations: (A) Electric motorized scooters shall not be operated by a person under sixteen (16) years of age; (B) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per hour; (C) Operation on sidewalks (1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right- of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian. (2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a building, when riding on the sidewalk would endanger pedestrians, or where operation of an electric motorized scooter on a sidewalk is prohibited by an official traffic control device. (3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual must dismount, walk the electric motorized scooter, and obey applicable traffic control devices. (D) Riding on Roadways and Bicycle Facilities (1) Any person operating an electric motorized scooter upon a roadway at less than the normal and reasonable speed of traffic shall ride in the right hand lane of the roadway subject to the following provisions: a)lf the right hand lane is wide enough to be safely shared with overtaking vehicles, a person operating an electric motorized scooter shall ride far enough to the right as judged safe by a reasonable scooter user to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. b) A person operating an electric motorized scooter may use a lane other than the right hand lane when: i. Passing another vehicle; ii. Preparing for a left turn; iii. Avoiding conditions, including, but not limited to, fixed or moving objects, or surface hazards; iv. Lanes are too narrow for an electric motorized scooter and vehicle to travel safely side by side; V. Approaching an intersection where there is a designated right turn lane and the scooter user does not intend to turn right, the scooter user may ride on the left-hand side of such designated lane; vi. Riding on a roadway designated for one-way traffic, when the scooter user may ride as near to the left-hand curb or edge of such roadway as judged safe by the scooter user; or vii. Riding on parts of roadways designated for bicycles. (2) A scooter user shall not be expected or required to: a) Ride over or through any hazards or apparent hazards. b) Ride without a reasonable safety margin on the right-hand side of the roadway. c)A person operating an electric motorized scooter in compliance with this section and not violating any other section of law is not impeding traffic. (E) The operator of an electric motorized scooter emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across the alleyway, yield the right- of-way to all pedestrians approaching on such sidewalk area and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on such roadway (F) No person riding upon any electric motorized scooter shall attach either the scooter or the rider to any vehicle upon a roadway. (G) No person operating an electric motorized scooter shall carry any package, bundle or article, which prevents the rider from keeping at least one (1) hand upon the handlebars. § 75.03 Parking of electric motorized scooters (A) Electric motorized scooters may not be parked in a manner that would impede normal and reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum clear width of a sidewalk to less than 48 inches. (B) Electric motorized scooters may not be parked in a manner that violates the Americans with Disabilities Act. (C) Electric motorized scooters may not be parked in a manner that would impede vehicular traffic on a street or alley. (D) Electric motorized scooters may not be parked in a manner that would impose a threat to public safety or security. (E) Electric motorized scooters may not be parked on a public street without specific permission from the City. (F) Electric motorized scooters may not be deployed on a block where the sidewalk is less than 96 inches in width, or on a block that does not have sidewalks. The City may determine other blocks or areas where deploying electric motorized scooters are prohibited. (G) Electric motorized scooters must be deployed on a sidewalk or other hard surface, at a bicycle rack, or at a city -owned location. Electric motorized scooters may only be deployed on private property with the permission of the property owner. (H) Electric motorized scooters must stand upright while parked. (1) Electric motorized scooters may not be parked within five feet of a crosswalk or curb ramp, unless given specific permission by the City. (J) Electric motorized scooters may not be parked in a way that blocks: (1) Transit stops, shelters, or platforms. (2) Commercial loading zones. (3) Railroad or light rail tracks or crossings. (4) Passenger loading zones or valet parking service areas. (5) Disabled parking zones. (6) Street furniture that requires pedestrian access (for example, benches or parking pay stations). (7) Building entryways. (8) Vehicular driveways. (K) Electric motorized scooters parked along multi -use trails may only be parked at trailheads or other areas identified by the City. (L) Electric motorized scooters that are parked in an incorrect manner must be re -parked or removed by the operator within two hours of receiving notice from the City on weekdays between 6:00 a.m. and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice from the City at all other times. (M) Electric motorized scooters that are parked in a residential area may remain in the same location for up to 48 hours as long as it is parked in accordance with this section. An operator shall relocate or rebalance electric motorized scooters parked in a residential area after receiving a citizen request or complaint in accordance with the timeframes specified in §75.11(P) § 75.04 Safety Regulations Electric motorized scooters shall be equipped with a brake and, for those units that operate at night, a front light that emits white light as well as a red light and reflector at the rear of the unit. All electric motorized scooters shall have front and back lights that are always on and are visible from a distance of at least 500 feet under normal atmospheric conditions at night. Front and rear lights must stay on at least 90 seconds after the unit has stopped. ARTICLE II —REGULATIONS APPLICABLE TO SCOOTER -SHARE PROGRAMS AND SCOOTER - SHARE OPERATORS §75.10 Permit required (A) A person commits an offense if, within the city, he or she operates, or causes or permits the operation of, a scooter -share program without a valid operating authority permit issued under this Chapter. (B) Issuance of a permit does not authorize the operation of a shared scooter on the University of Arkansas campus or private property without the approval of the property owner. (C) The total number of initial permits issued by the City for shared scooters shall not exceed 4-,008500 at any tomo ua�rry -am-rc. (D) Application for operating authority permit (1) To obtain an operating authority permit, a person shall make application in the manner and on the form prescribed by the City. The applicant must be the person who will own, control, or operate the proposed shared scooter program. (2) An application shall be accompanied by the non-refundable application fee and shall contain at least the following information: a. The form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business and the name and address of each person with a 20 percent or greater ownership interest in the business; b. The verified signature of the applicant; c. The address of the fixed facilities to be used in the operation, if any, and the address of the applicant's corporate headquarters, if different from the address of the fixed facilities; d. The name of the person designated by the applicant to receive on behalf of the applicant any future notices sent by the city to the operator, and that person's contact information, including a mailing address, telephone number, and email address; e. Documentary evidence from an insurance company indicating that such insurance company has bound itself to provide the applicant with the liability insurance required by this Chapter; f. Documentary evidence of payment of ad valorem taxes on property within the city, if any, to be used in connection with the operation of the proposed shared scooter program; g. The number and types of shared scooters to be operated; and h. An agreement to indemnify the city. (3) An operating authority permit may be renewed following the process in this section. (4) Application and fleet fees. (1) The initial application for an operating authority permit must be accompanied by of -the non-refundable application fee of $150.00.aA_-fee of $20.00 per shared scooter in the operator's fleet shall be paid prior to the issuance of any permits. Applications to renew an operating authority permit must be accompanied by a_non-refundable application fee of $100.00.-afA-aA fee of $20.00 per shared scooter in the operator's fleet shall be paid prior to the issuance of renewal permits. (2) Fees collected pursuant to this subsection shall first be applied to the costs incurred by the City for administering the scooter share permit program and then to infrastructure improvements and maintenance related to the operation of electric motorized scooters. (E) Changes to information in operating authority application. (1) Any changes to the information provided in the operating authority permit application must be reported to the City, in the manner prescribed by the City, within 10 days of the change. (2) If the information reported to the City under this section includes an increase in the number of shared scooters, any additional vehicle fees due shall be submitted to the City simultaneously with the change in information. (F) An operating authority permit expires six (6) months from the date it is issued. (G) Operator Fleets. M An Operator's initial fleet must be a minimum of 100 shared scooters and shall not exceed 250 shared scooters. Operators may request an increase to their initial fleet of up to 250 additional shared scooters as part of +: tarn permit renewal. A request for an increase in fleet size shall include a rationale and analysis to justify the additional fleet size. Authorization of additional units is at the sole discretion of the City. Operators shall be limited to a maximum -of 500 shored GGGetoro in their fleets. (2) The total number of deployed scooters in an operator's fleet must maintain a minimum average of 2 trips per scooter per day, determined by monthly usage. Should this demand not be met, the City may require a portion of the scooters to be relocated or removed. M(3) The City may establish zones to limit or require the deployment of scooters in certain areas to ensure that scooters are accessible to the public across the City. (H) A scooter -share operator or scooter -share program shall not charge a per minute fee to users exceeding 1/5th the cost to unlock a shared scooter. (1) Refusal to issue or renew operating authority permit. (1) The City shall refuse to issue or renew an operating authority permit if the applicant: a. intentionally or knowingly makes a false statement as to a material matter in an application for a permit or permit renewal; b. has been convicted twice within a 12 -month period for a violation of this article regarding the deployment of a shared scooter or the rebalancing or removal of a dockless vehicle, or a rule or regulation adopted under this article regarding the deployment of a shared scooter or the rebalancing or removal of a shared scooter, or has had an operating authority permit revoked within two years of the date of application.. or c. has deployed unpermitted electric scooters within the City of Fayetteville in violation of this chapter. (2) If the City determines that a permit should be denied, the City shall notify the applicant or operator in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or operator of the right to, and the process for, appeal of the decision. (J) Suspension or revocation of operating authority permit. (1) The City may suspend an operating authority permit if the City determines that the operator failed to comply with a request to remove a shared scooter_-Gf--a request to rebalance shared scooters issued by the City within the time specified in the order, or for failure to comply with any other requirement in this chapter. Suspension of an operating authority permit does not affect the expiration date of the permit. (2) The City s#af-Mgy revoke an operating authority permit if the City determines that the operator has: a. made a false statement as to a material matter in the application concerning the operating authority permit; b. failed to maintain the insurance required by this article; c. operated shared scooters that were not authorized by the operating authority permit; Gr -- d. �d failed to pay a fee required by this article-, or d -e. failed to comply with the provisions of this chapter. (3) After revocation of an operating authority permit, an operator is not eligible for another permit for a period of up to two years, depending on the severity of the violation resulting in the revocation. (K) Appeals. Any person whose application for an operating authority permit, or renewal of an operating authority permit, is denied by the City, or an operator whose operating authority permit has been revoked or suspended by the City, may appeal the decision to the City Council by filing a written notice in the City Clerk's office within ten (10) business days of the decision. § 75.11 Operation of scooter -share programs Scooter -share operators shall comply with the following requirements for scooter -share programs: (A) Operators shall provide a method for users to utilize shared -scooter programs without a smartphone. (B) Rates for shared scooters shall be clearly and understandably communicated to customers prior to use. (C) Shared scooters programs shall ensure that its application and website educates users about how to comply with the general operation, parking, and safety regulations set forth in § 75.05-75.07. (D) Shared scooters shall be equipped with an on -board GPS unit or equivalent that can report the location of a unit at any time for the purposes of use, recovery, repair, data collections, and incident investigation. (E) Shared scooters shall be high quality, sturdily built to withstand the rigors of outdoor storage and constant use. (F) Shared scooters shall employ tamper-resistant security hardware. (G) Shared scooters used in systems issued a license must employ an electric motor of less than 750 watts (1 h.p.). (H) Operators must have the ability to implement no -ride zones, the ability to slow scooters, and the ability to prevent parking in areas identified by the City. Operators must also have the ability to require shared scooters to be parked in certain areas designated by the City. (1) Shared scooters shall meet the most up-to-date equivalent safety standards as those outlined in the Code of Federal Regulations and the International Organization for Standardization for bicycles. Currently, scooters shall meet CPSC in Public Law 107-309 for standards around weight bearing. (J) For all shared scooters used the maximum motor -assist speed for licensed units shall be 15 mph, when ridden in the street environment. (K) Shared scooters shall be able to securely stand upright when parked. (L) Shared scooters shall be inspected when removed from routine service, to ensure that all of its components are present and functioning properly. (M) Operators must be capable of quickly identifying and addressing safety and maintenance issues with shared scooters, including a mechanism for customers to notify the company that there is a safety or maintenance concern with the scooter. (N) Operators must be capable of remotely disabling the use of a unit if it is reported or found to have a safety, maintenance, or other hazardous condition. Scooters that are reported as unsafe or non- functional shall be immediately deactivated for rental and removed from operations until repaired. (0) Operators shall remove any unit that is not safe to operate within four (4) hours of receipt of notice and shall not be redeployed until repaired. (P) Operators shall respond to complaints and obstructions within the following time frames: (1) Sidewalk obstructions — 60 minutes (2) Travel and bicycle lanes — 60 minutes (3) Transit stop obstructions — 60 minutes (4) Environmentally sensitive area — 60 minutes (5) Private property — 2 hours (6) Other obstructions and nuisances — 2 hours (7) Unauthorized portions of parks and trails — 2 hours (8) Other unauthorized areas — 2 hours (Q) Operators shall have a program in place to ensure proper recycling and disposal of batteries under universal waste battery disposal standards pursuant to Title 40 of the Code of Federal Regulations, Part 273. § 75.12 Identification of shared scooters Scooter -share operators shall ensure that each shared scooter: (A) Clearly displays the emblem of the operator; (B) Clearly displays the operator's customer support information including customer service phone number, website, and application; and (C) Bears a unique alphanumeric identification number that is visible from a distance of five feet (5) and is not covered by a branding or other marking. § 75.13 Minimum insurance requirements (A) A scooter -share operator shall carry the following insurance coverage dedicated exclusively for operation of a shared scooter and shall provide a valid certificate insurance each year the operator's permit is renewed: (1) Commercial general liability insurance coverage with a limit of no less than one million dollars ($1,000,000) for each occurrence and five million dollars ($5,000,000) aggregate; (2) Umbrella or excess liability coverage with a limit of no less than five million dollars ($5,000,000) for each occurrence and five 35 million dollars ($5,000,000) aggregate; and (3) Workers' compensation coverage as required by law. (B) A valid certificate of insurance evidencing the coverage required by this section shall be submitted within ten (10) days of the issuance of an initial operating authority permit. (C) Scooter -share operators may not be self-insured. (D) Insurance required by this section shall include a cancellation provision in which the insurance company is required to notify the City in writing not fewer than ten (10) days before cancelling the insurance policy for any reason or before making a reduction in coverage. § 75.14 Data Sharing (A) A scooter -share operator shall provide: (1) Anonymized fleet and ride activity data for all trips starting or ending within the City of Fayetteville; (2) All ride activity data for any trip resulting in an accident report. (B) Such data shall include: a. Total number of daily, weekly, and monthly riders; b. Total number of vehicles in service for the reporting period; c. Aggregated monthly summary data in the form of heat maps showing routes, trends, origins, and destinations; d. Total number of miles traveled daily, weekly, and monthly by users; e. Average time each shared scooter spends available (not in use); f. A report or chart showing the times and days when more than 75% of a fleet is in use at one time; g. Duration of ride per day of the week; h. Summary of fleet numbers lost to theft or vandalism; i. Summary of customer comments, complaints, and requests for service; resolutions to comments, complaints, and requests for service; and the time it took to resolve any complaint or request for service; and j. Monthly summary of repairs per shared scooter; and k. Any other report requested by the City. (C) Such data shall be provided to the City of Fayetteville at least monthly. 4' +� I�f /3 � �"N lOffd {!t d75r tiJs �y ,�Sry pp.l a7S7 Spy 1, L7 Sfi❑ X4.1! 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WILSHIRE) 701yCh^p7� "err ryF7+i En, °,�' ° © Lu sr w z 27TH 3yO REDBUD- �, 'Afi 225TH - W KEETON '' •J rH Iy - j?. a'r •, p� 74TH 1 42v icr w; F` 1 f'" U RD �I"G 81 � 9 �N�� 22ta4 I V[j �Q' Q '`'ry r���► o 57f. f&r C7 k n y I� ry -s: •, U �at3iN u A1fY1 Y RDiLV11GWfl4D res �' `9rf+ tory rrrN .cfAY���'A anvss 1 .�'�'r �� F m 5 a pry Rrr•1 � w �Qs�.wvv �: � ` � NE,r• �� ry cis u� �rtr � � ;sty LrO'vSP _ ` : �NI7 Y � 47-14� fB,� :e F► ND SRO 4rFf sr� �► g� 0 C/3 0 71, �^� . / � T'r` - �p r�i+i k� c 'L ❑ �� �r �RQ,cN V Cy`i'S�- E:l - � w�0 l��.�, nlaN �N "1416S 3r/�S�` �N'Moe'v �MNrLL--�Lu gR TETHER �/ '�',p� _ r�Odfp 4a LAKESH©RE vP04 C-2 * 4r a .sU -IT a C IrQf '"f�fy byr ` VrS SoUrh'. !7D'!yr '�pyl�y�SJ .nip spR��'Gr, �a � cog ti '��� � • � - 'oaf `� �`4 p{f0 G �^ LpQRF �.� �rs��`. ,,�ct��� rye °�"�•a,�,� ��� � ,�=cr,,d ,��g rnrrrxE= N DOWNTOWN AUSTIN PROJECT COORDINATION ZONE w E -pA-A7c-2= �514 00 (DAPCZ) Branson, Lisa From: Smith, Sondra Sent: Tuesday, July 16, 2019 10:46 AM To: Rogers, Kristin; Branson, Lisa Subject: FW: Lafayette Street Parking Proposal From: Scroggin, Sloan Sent: Tuesday, July 16, 2019 8:57 AM To: Smith, Sondra <ssmith@fayetteville-ar.gov> Subject: Fwd: Lafayette Street Parking Proposal _donit]know what staff memi br is over seein❑this ER ❑don©know enoE h to diEest this today Cay meetin❑ time. Can this Lb sent to the appropriate staff and may Lb CC if they decide it sho Lld Lb send to the Ell co L Keil ❑ ❑hanks L loan Lcro ELin ®Lbrwarded messalb ❑rom❑Ellen ❑cisco= aol.com❑ F1 ate ❑❑ti 1 EE2 ❑1 L ® ❑ 11 ❑LLIdUE❑afayette Ltreet Larkin❑ Droposal ❑o 17Ebro EEin ❑loan" ❑ward Ebos 1 ❑ fayetteville Cdr. Eby L Cc F1 U■C+� O ■17M1 El ear Mr. Coro EEin ❑ Flown one of the si ❑ condos at LID W. Lafayette Clocated Cbtween Camp Cb11 and ❑ollston. [life was Cbod when L p Lkchase the condo in 2 = ❑co ❑d see El Id Main EEhever had any tro CI1e findin ❑ a parkin ❑ spot in front of my propertyEand the ❑oC]§ were competitive in the L❑C West. Gast forward foCfteen years [linstead of F1 Id Main© towers CZsee two LterlinLI ❑partment properties ❑❑rarely find a parkin LI spot on Lafayette that is less than a city Clock away from my front doorEaid the LoE� won Ciro LLC Lames last year F1 ❑have a co L-ple of s ClLestions that mi Cht improve the parkin ❑ sit Cation in the Entertainment ❑istrict ❑ Lbnefitin❑me and other property owners on W. EafayetteLas well as the City and visitors to the Lntertainment ❑istrict. LbrtC%ately lthe three parkin ❑ spots in front of o LT condos are the most convenient to o CT property and to Dickson ❑treet Lthe Entertainment ❑istrict❑ LnfortLhatelyFthe three spots in front of oLk condos are the most convenient to Dickson Etreet CdndEbETrently the most convenient ❑esidential Cae parkin❑to the residentsCFFF-bsts of Lhe ❑istrict ❑partmentsL Ithe area in front of the ❑istrict ❑partments [West Street to Campbell on the soLth side of W. Lafayette ❑ ❑ ❑ West Street to Forrest on the north side of W. Lafayette ❑were to Lb re Cdesi Ehated mi ❑ed CIIke Is proposed L that shoad alleviate some of the parkin ❑issCL-s Create more spaces and hopefElly increase Coli ation ❑ ❑hat wo Eld live the residents Casts of ❑he ❑istrict several parkin ❑ spots nearer their apartments ❑ while openin❑ Lp many additional spaces to Entertainment District CT_bstsComployees. Density on W. ❑afayette from ❑ollston to Forrest is siEhificantly less than the density from ❑ollston to West Street. ❑dditionally Cthere are considera Ely more parkin ❑ spaces Tesidents availa Ele in this less dense area. ❑herefore Cit is the most Lhder EItili Led parkin ❑ area on W. ❑afayette. d wo ad follow that re Cdesi L nation of the south side of W. ❑afayette from ❑ollston to Cbrrest to miFedELfie parkin❑woad have little impact the owners Ct3esidents in that area of W. [Lafayette. Meanwhile Cthe re Cdesi Lhation wo ad ave visitors and employees of the Entertainment District several additional parkin ❑ opportCities. Ea [Tee with yo IT proposal to re Cdesi [hate the entire len Cth of the north side of W. Eafayette from West Etreet to Eorrest as miL�&Fke parkin❑ However, the conversion of the three residential spots in front of the condos on the south side of W. Lafayette to mixed-use parking, as proposed, would create a disproportionate burden on us - the property owners and residents. We woad not only Ce competin❑for the spaces in front of o Ct property with the residents ast of ❑he ❑istrict ❑partments CIIt also with any and all visitors to the Entertainment ❑istrict. WeCthe ownersare olderLmatJe Emericans. Cfwe don©have access to one of the three spots in front of CIICW. FafayetteCive have to cross a very ❑ay street and Cdr intersection CIC�t to Cit to oCk property. ❑dditionallyCkeepin❑the three spots in front of oCk condos ❑esidential woad Ce consistent with the desi Citation on the west side of ❑ollston. ❑Ctthermore Clbca ❑se this c CTrent ❑esidential parkin ❑ only area is isolated Letween Camp Cb11 and ❑ollston Cie Cdesi L nation of the so Cth side of W. [Lafayette from West ❑t. to Camp Coll and ❑ollston to Forrest to mi Eed Tke wo Eld Cb simple and easy to control and enforce. Fiinallymthink there are too many ❑esidential ❑ermits. ❑ccess to permits shoad Cb more restrictive. -imilar to c Cjrent parkin F1 re L E[ations EUrecommend keepin LI the ann al window sticker and the semi ann C]al han ❑ tall ❑ dditionally CDwo Eld add an ann Cal han ❑ to ❑ N alid for the calendar year Eto the mi E Eroperty owner residents sho Eld Cb allowed a ma Elm Cin of two 12 ❑permits. With proof of vehicle re Elstration ❑ proof of payment of property taCbsCInd for a fee of ❑1 CII [less than ❑l ClihonthELproperty owners residents toad Cit two annEAI El monthCpermits. Eroperty owner residents woad have a choice of two ann Lal window stickers Ctwo ann al han ❑ to C_kCbr one of each of the two to F�. ❑n the other hand[honCproperty owner residents woad have only one option. With proof of vehicle re Elstration ❑proof of lease Chnd for a fee of E-2 CI7 C§li ❑htly more than ❑Month E[hon ❑property owner residents woad Ce allowed one ❑ Clsemiannal hanan❑ta❑ ❑his price is competitive with apartment C_raC� parkin❑ fees 7T3 more convenient and m Ech less e ❑pensive than metered Cirri CZlaed fees. [h sEmmaryCtill of W. [Lafayette from West ❑treet to Eorrest lihith the exception of the three spaces on the south side of Lafayette between Campbell and Rollston Tivo Eld Ce re Cdesi Coated mi CbdFT�e parkin 11 Eroperty owners who reside in the Entertainment ❑istrict toad pEtchase a ma❑irnEm of two ann al taF� for ❑1 FE ❑onCproperty owners who reside in the Entertainment ❑istrict woad C� eli❑iEle to p Cichase one semi ann Cil han Eta ❑ for C:2 ❑] EIZID ann Cally E ❑hanks for allowin F my inp I. ❑think ❑speak for the other owners of the condos at ❑Z W. [Lafayette when ❑ say live want to do what © ibst for the City 11 while protectin 11 what little sanct ary we have left ❑ ❑espectftily❑ ❑. ❑llen Dale Id❑LI❑C-9❑2FM Cont from my i []ad From: Parking To: Clay, Justin Subject: Fw: Mixed use parking on Lafayette Street Date: Tuesday, July 16, 2019 7:48:37 AM From: Bill Corley <bill@williamcorley.com> Sent: Monday, July 15, 2019 8:50 PM To: Parking Cc: catherine Corley; Kinion, Mark Subject: Mixed use parking on Lafayette Street Dear Mr. Clay - Regarding your letter of July 9, we would like to offer our input herein. We also plan to attend the City Council meeting tomorrow evening to voice our concerns. The proposed changing of our residential parking from Forest Ave down to Campbell St will impose a disproportionate burden on the residents of the homes east of Mock Street for at least three reasons: 1. The homes closest to Forrest have no garages, only a small and crowded shared alley way in back. These residents have a greater need for dependable on -street parking 2. The homes east of Mock street are nearest to the Central Methodist parking deck, which provides ample parking nearby for many who use the bus stop and others. 3. The homes east of Mock street are furthest from the entertainment in comparison than the homes further west, so there's less utilization in any case. The proposed changes will diminish the residential quality of life for this block unnecessarily, and with greater negative impact than at the West end of Lafayette St' Conclusion: Instead, we ask that the mixed use parking end at the corner of West Lafayette St and Mock Street. This preserves the at -risk residential quality of life here, while also adding to the available mixed use parking on Lafayette St. My contact information is below, if you would like to speak with us about this. Respectfully, Bill Corley (479) 466-5879 80 West Lafayette St Fayetteville, Arkansas 72701 billp_williamcorley.com From: Parking To: Clay, Justin Subject: Fw: Parking situation Date: Monday, July 15, 2019 12:48:30 PM From: Sarah Chilton <sarahmchilton@gmail.com> Sent: Monday, July 15, 2019 12:06 PM To: Parking Subject: Parking situation Hey Justin. My name is Sarah Chilton, and my husband and I live at 120 W. Lafayette St. I have some concerns with the parking initiative. We are given 1 sticker and 2 tags for our residence. Leaving my husband and I with only 1 guest parking spot (I've even asked to PURCHASE more parking passes for guests since our street is always empty- but was denied, which seems ludicrous to me since the city would be making money and using the empty spots). I understand mixed use parking could help non-residents who are struggling to find parking. That being said, we would need to be ensured that the parking spots in front of our house are reserved for only us, since we don't have a driveway, and most of the houses on our streets don't have a driveway. I went to the UofA, and I understand how difficult parking can be. BUT what won't be ok is if the residents who live on our street aren't given their own personal spots because of the change the city wants to make. I shouldn't have to carry groceries and other large objects two blocks from my house because of non-residents filling up the spots. We all pay our taxes to live in this historic district where there are few driveways. It would be wrong if it's made to be mixed parking and the residents struggle. That's how we feel and how our neighbors that I have spoken with feel. You can utilize the extra parking, but don't punish the residents who pay their taxes to live there. We are entitled a certain number of reserved spots by our house. We aren't the general public who should have to hunt for spots. Thank you. -Sarah Chilton From: Parking To: Clay, Justin Subject: Fw: Dual use Date: Monday, July 15, 2019 12:57:34 PM email from Larry Weathers, 305 W Lafayette From: Yahoo Email <Iwwmd131313@yahoo.com> Sent: Monday, July 15, 2019 9:53 AM To: Parking Cc: cisco737@aol.com; LA SEMINOLITA Subject: Dual use Thanks for listening too me concerning changing parking in front of 305 West Lafayette condos to dual use. There are only six condos. My concerns as we discussed are as follows if they are made dual use: 1 we already have to deal with the high rise next door when they use our lot as a drop off zone for 20 to 30mins while they drop off or pick up someone who lives there leaving their car running. 2 when someone is parking in our lot , we have to stay there if we have them towed punishes us NOT them. 3 many of the residents in the top four 305 Lafayette need to park in front because of age and disability reasons.(steep steps) 3 these spaces are prime spaces on the weekends when we come to visit because of proximity to Bordinos and Theos and university Baptist and even the Walton arts and in the weekend we will always have to compete with them to park in front of our condos. 4 We already have to deal with the large amount of traffic noise and activity from the high rise next door. 5 If these spots are made dual use , it would be a huge hurdle to get them changed back through the council since we are a tiny voice. My suggestion would be to keep the 3 spots in front of 305 West Lafayette and 10 spots across the street as they are to protect the property of 305 W Lafayette and the owners too our north and east out of respect. Most of us have our condos because we love and support the Hogs and Funky Fayetteville. Please do not change these to dual use. Thanks Kay and Larry Weathers Sent from my iPhone From: Smith, Sondra To: Nierenaarten, Peter; Clay, Justin Subject: FW: Lafayette Street Parking Proposal Date: Tuesday, July 16, 2019 10:44:41 AM Do you want me to send this to the City Council? From: Scroggin, Sloan Sent: Tuesday, July 16, 2019 8:57 AM To: Smith, Sondra <ssmith@fayetteville-ar.gov> Subject: Fwd: Lafayette Street Parking Proposal I don't know what staff member is over seeing this but I don't know enough to digest this today by meeting time. Can this be sent to the appropriate staff and maybe CC if they decide it should be send to the full council? Thanks Sloan Scroggin ---------- Forwarded message ---------- From: Allen <cisco737naol.com> Date: Jul 16, 2019 8:14 AM Subject: Lafayette Street Parking Proposal To: "Scroggin, Sloan" <ward312os l &fayetteville-angov> Cc: July 16, 2019 Dear Mr. Scroggin, I own one of the six condos at 305 W. Lafayette, located between Campbell and Rollston. Life was good when I purchase the condo in 2005. I could see Old Main; I never had any trouble finding a parking spot in front of my property; and the Hogs were competitive in the SEC West. Fast forward fourteen years - instead of Old Main's towers, I see two Sterling Apartment properties; I rarely find a parking spot on Lafayette that is less than a city block away from my front door; and the Hogs won zero SEC games last year! I have a couple of suggestions that might improve the parking situation in the Entertainment District - benefiting me and other property owners on W. Lafayette, as well as the City and visitors to the Entertainment District. Fortunately, the three parking spots in front of our condos are the most convenient to our property and to Dickson Street (the Entertainment District). Unfortunately, the three spots in front of our condos are the most convenient to Dickson Street (and, currently the most convenient Residential use parking to the residents/guests of The District Apartments). If the area in front of the District Apartments (West Street to Campbell on the south side of W. Lafayette AND West Street to Forrest on the north side of W. Lafayette) were to be re- designated mixed-use (as proposed), that should alleviate some of the parking issues (create more spaces and hopefully increase utilization). That would give the residents/guests of The District several parking spots nearer their apartments, while opening up many additional spaces to Entertainment District guests/employees. Density on W. Lafayette from Rollston to Forrest is significantly less than the density from Rollston to West Street. Additionally, there are considerably more parking spaces/residents available in this less dense area. Therefore, it is the most under-utilized parking area on W. Lafayette. It would follow that re -designation of the south side of W. Lafayette from Rollston to Forrest to mixed-use parking would have little impact the owners/residents in that area of W. Lafayette. Meanwhile, the re -designation would give visitors and employees of the Entertainment District several additional parking opportunities. I agree with your proposal to re -designate the entire length of the north side of W. Lafayette from West Street to Forrest as mixed-use parking. However, the conversion of the three residential spots in front of the condos on the south side of W. Lafayette to mixed-use parking, as proposed, would create a disproportionate burden on us - the property owners and residents. We would not only be competing for the spaces in front of our property with the residents/guest of The District Apartments, but also with any and all visitors to the Entertainment District. We, the owners, are older, mature Americans. If we don't have access to one of the three spots in front of 305 W. Lafayette, we have to cross a very busy street and/or intersection just to get to our property. Additionally, keeping the three spots in front of our condos Residential would be consistent with the designation on the west side of Rollston. Furthermore, because this current Residential parking only area is isolated between Campbell and Rollston, re -designation of the south side of W. Lafayette from West St. to Campbell and Rollston to Forrest to mixed-use would be simple and easy to control and enforce. Finally, I think there are too many Residential Permits. Access to permits should be more restrictive. Similar to current parking regulations, I recommend keeping the annual window sticker and the semi-annual hang tag. Additionally, I would add an annual hang tag (valid for the calendar year) to the mix. Property owner residents should be allowed a maximum of two (2) permits. With proof of vehicle registration, proof of payment of property taxes, and for a fee of $100 (less than $10/month), property owners residents could get two annual (12 month) permits. Property owner residents would have a choice of two annual window stickers, two annual hang tags, or one of each of the two tags. On the other hand, non -property owner residents would have only one option. With proof of vehicle registration, proof of lease, and for a fee of $250 (slightly more than $40/month), non - property owner residents would be allowed one (1) semi-annual hanging tag. This price is competitive with apartment garage parking fees, but more convenient and much less expensive than metered, mix -used fees. In summary, all of W. Lafayette from West Street to Forrest (with the exception of the three spaces on the south side of Lafayette between Campbell and Rollston), would be re- designated mixed-use parking. Property owners who reside in the Entertainment District could purchase a maximum of two annual tags for $100. Non -property owners who reside in the Entertainment District would be eligible to purchase one semi-annual hang tag for $250 ($500 annually). Thanks for allowing my input. I think I speak for the other owners of the condos at 305 W. Lafayette when I say, we want to do what's best for the City - while protecting what little sanctuary we have left! Respectfully, G. Allen Hale (c) 817.727.2340 Sent from my iPad From: Parking To: Clay, Justin Subject: Fw: Mixed Use Parking Date: Tuesday, July 16, 2019 12:10:57 PM From: Bridewell<bridewellattorneys@sbcgloba1.net> Sent: Tuesday, July 16, 2019 11:12 AM To: Parking Subject: Mixed Use Parking Justin Clay Parking Manager City of Fayetteville Re: Mixed Use Parking Dear Mr. Clay, I own a residence at 221 N. Locust and I object to the mixed use parking. My basis is that I am 66 yrs old and have difficulty finding a parking spot as it is. I like to park near my place since I have had two knee replacements. Too much traffic on the street already. On March 15, 2018, a fast moving vehicle left Dickson Street striking my daughters red Honda in the rear as it was parked lawfully in a proper space causing $13,000 worth of damage. This was a hit and run accident. It would appear the person striking the automobile was driving too fast on this crowded street and/or had too many beverages on Dickson Street resulting in his/her leaving the scene of accident. If you would like to see photos please advise. For the above reasons, I object to the mix use parking. Should you have any questions, I can be reached by cell at 870-265-1788. Cordially, Robert G. Bridewell RGB/Ijo Linda Jo Armstrong Robert G. Bridewell Attorney, PLC PO Box 391 Lake Village, AR 71653 870-265-3835 870-265-3140 fax NOTICE: This e-mail message or fax transmission and any attachment contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail, fax or any attachments to it. If you have received this email or fax in error, please immediately notify us by return email or by telephone at 870.265.3835 and delete this message. Please note that if this email message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Robert G. Bridewell Attorney, PLC. This notice is automatically appended to each email or electronically produced fax message leaving Robert G. Bridewell Attorney, PLC. Thank You! From: Parking To: Clay, Justin Subject: Fw: Parking Date: Tuesday, July 16, 2019 2:38:03 PM From: gjiles@millarjileslaw.com <gjiles@millarjileslaw.com> Sent: Tuesday, July 16, 2019 1:53 PM To: Parking Subject: Parking Dear Sir/Madam, I am a property owner and resident of 221 North Locust, Unit 2, Fayetteville, Arkansas. It is often very difficult to find parking on Locust Avenue from Dickson Street to Spring Street, and will become even more difficult in the event that parking on Locust Avenue from Spring Street to Center Street is converted to "mixed use" use parking. Between Walton Arts Center Events and nightlife parking, often times you cannot find parking for the residence and guests in our townhomes. If parking becomes mixed-use, the residents, tenants and guests from Spring Street to Center Street will begin parking on Locust between Dickson and Spring Street making our ability to park almost impossible. One of the reasons we choose to live where we live is the reserved spots for residents only. If you take that away, you not only decrease our property values, you also, make it to where ourselves and our guests will dine and shop less often in the area. Please do not allow this change. Gary D. Jiles MILLAR JILES, LLP Attorneys At Law The Frauenthal Building 904 Front Street Conway, Arkansas 72032 Phone: (501) 3291133 Fax: (501) 329-1166 Email: gjiles(@millarjileslaw.com The information contained in this electronic message contains confidential information protected by the attorney-client privilege, the attorney work product privilege and is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2521. It is intended solely for the addressee(s) hereof and privileges are not waived by transmission hereof and receipt by unintended persons. If this transmission is received in error, please delete the message immediately, without review, copying, printing, or retransmission and notify us by return email or by phone at 501.329.1133. Please note that, if this electronic message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or attachments may not have been produced by Millar Jiles, LLP. Receipt of electronic mail or reply to electronic mail does not establish an attorney-client relationship between sender and recipient. This notice is automatically appended to each electronic message from this sender. WE ARE REQUIRED BY IRS CIRCULAR 230 TO INFORM YOU THAT ANYSTATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY YOU OR ANY OTHER TAXPAYER FOR THE PURPOSE OF AVOIDING ANY PENALTIES THAT MAY BE II►►II'71�y��lllJ1�7�:�y��7�:7_�1�r�E1/_�1� From: Parking To: Clay, Justin Subject: Fw: Opposition to change in parking along Locust from Dickson to Center Date: Tuesday, July 16, 2019 2:40:43 PM From: Cathy Gates <cathyrgates@outlook.com> Sent: Tuesday, July 16, 2019 2:19 PM To: Parking Subject: Opposition to change in parking along Locust from Dickson to Center In reference to your correspondence dated July 9, 2019, we are opposed to a change from residential -only to mixed use parking on Locust from Spring to Center. We have a residence at 221 N. Locust. As you are aware, there are a number of multi -family dwellings along this corridor. Any decrease in residential -only parking spaces would potentially result in a decline in our property values and cause a great inconvenience for those that reside along this corridor. We have a strong preference that parking along Locust from Dickson to Center remain residential only. Thank you for your consideration. Cathy Rogers Gates 2740 East 41st Street Tulsa, Oklahoma 74105 cathyrgates(@outlook.com 918 671 7343 From: Parking To: Clay, Justin Subject: Fw: parking changes Date: Tuesday, July 16, 2019 3:25:34 PM From: Christy Bray <christybray@sbcgloba1.net> Sent: Tuesday, July 16, 2019 2:46 PM To: Parking Subject: parking changes I object to changing any street parking on Locust St. to mixed use. These areas seem only stressed on game days or large gathering days. All other times there are many open spots and the Spring St. parking deck is available. On big event days there is never enough parking and often I have to walk a long ways to my house. This affects my property values as well. Adding more public parking here on big event days will make this even more of an issue. Please do not change Locust St. parking to mixed use. Christy Bray 221 N. Locust St., #6 501-517-4683 christybray@sbcgobal.net Short-term Rental Alternatives: Policy Solutions for Long-term Success An Analysis of the City of Fayetteville's Short-term Rentals Policy Ryland Arnold- jra017@uark.edu Natalie Bird- nbird@uark.edu Adam Fra n ky- afranky@walton.uark.edu Lauren Husband- (husband@uark.edu can serve as a source for tax revenue, local income, and tourism incentive more than 4 million venues for rent worldwide Airbnb guests stay longer and are more likelyto return Why & airbnb7 ? approx. 6001000 U.S. listings policy solutions are customizable regulations can benefit both residents and Airbnb property owners z Currently in Fayetteville • Airbnbs and other forms of short-term rentals are technically allowed; however they should be no shorter than a week • Residents are either unaware or are skirting the legal definition of a dwelling • Remission taxes are still being collected by the City of Fayetteville from Airbnb Airbnbs in Fayetteville Airdna.co Market Grade Average Daily Rate (,) Rental Demand 53 Sep: $192 Q Revenue Growth 65 d Seasonality 95 Q Regulation 43 Jan: $130 83 0f 100 Q Investability 63 View Pricing Details 504 Active Rentals Rental Type Entire Home i Private Room Shared Room 0 100 79% Entire Home rentals Occupancy Rate Jun: 63% 45% Jan: 365'% View Occupancy Details -♦ Fayettevi I le's Current Ai rbnb Climate Total active rentals: 504 Average booked properties: 460 Occupancy rate: 45% Revenue tt� (( Oct: $2,092 -{ 2fO92 Jan: $1,045 View Revenue Details � 200 300 400 Soo Average Airbnb booking rate per night: 207 Short-term Rental Alternatives: Policy Solutions for Long-term Success An Analysis of The City of Fayetteville's Short-term Rentals Policy (December 2018) Ryland Arnold, Political Science M.A. Student Fulbright College of Arts and Sciences University of Arkansas jra017@uark.edu Natalie Bird, Recreation Sport Management Ph.D. Student College of Education and Health Professions University of Arkansas HPER 219 nbird@uark.edu Lauren Husband, Public Administration M.A. Student Fulbright College of Arts and Sciences University of Arkansas AFLS C123 lhusband@uark.edu Adam Franky, Public Administration M.A. Student Fulbright College of Arts and Sciences University of Arkansas WJWH 536 afranky@walton.uark.edu ACKNOWLEDGEMENTS We would like to thank those who have supported and advised us during this project. Many thanks to Dr. Geoboo Song, Rachel Moyer, and Leif Olsen of the City of Fayetteville for their guidance, expertise, and understanding as we navigated the muddy waters of Airbnb data acquisition and tax analysis. We are also thankful to those who graciously extended their expertise and data for the project. Special thanks to the City of Boulder, City of Lawrence, and City of Tempe for their time and insights, as well as countless contacts from the City of Fayetteville. To those who were able to attend our presentation at Fayetteville City Hall on December 13, 2018, we thank you for your presence and feedback on our project. Gratitude is extended to Josh Bonnell and Hayley Husband for tolerating our presence as we occupied their home for what seemed to be weeks at a time, as well as the baristas at the Law Library Arsagas and Puritan Coffee & Beer. We couldn't have done this without ample coffee provisions. Moreover, the cuddles and entertainment that Sherlock, Mrs. Puff, and Baby Kitty provided us with as we worked were essential to sustaining morale. Finally, we would like to thank our fellow classmates for their feedback and encouragement throughout the semester as we built our project. Their interest and commentary was invaluable. PA Table of Contents ExecutiveSummary...........................................................................................4 Introduction..................................................................................................... 5 Current Fayetteville Short-term Rental Climate, Policy, and Enforcement ...........................6 HMRTax Regulations........................................................................................7 Housing Trust Fund Tax......................................................................................7 Peer City Policies and Attitudes.............................................................................7 PolicyGoals...................................................................................................................................10 Political Feasibility.................................................................................10 Efficiency.............................................................................................11 Administrative Feasibility..........................................................................11 Equity.................................................................................................11 PolicyAlternatives...........................................................................................12 StatusQuo...........................................................................................1 2 NoRegulation.......................................................................................1 2 Moderate Regulation..............................................................................1 2 Stringent Regulation...............................................................................1 2 Policy Goals/Alternatives Matrix.........................................................................13 Benefit -Cost Analysis (BCA)..............................................................................14 Policy Recommendation....................................................................................14 Long -Term Considerations.................................................................................15 Conclusion...................................................................................................15 3 Executive Summary With the rapid expansion of the sharing economy to the American marketplace in recent years, local governments have struggled to keep up with unique issues and opportunities that peer-to-peer economic activity has introduced. Impeded by the lack of substantial data available and the subjectivity of the problem, short-term rental home sharing platforms present issues many cities struggle to address in a timely manner. Factors including personal property rights, housing safety, residential disturbances, housing affordability and availability, tourism revenue and growth, data collection, and effects on the hotel market, as well as countless others, must all be considered when customizing a short-term rental policy to fit Fayetteville's particular needs and concerns. Because the home -sharing platform Airbnb provides an overwhelming percentage of short-term rentals available for rent in Fayetteville, we will be using data from Airbnb as our main source for understanding the problem. Our policy analysis seeks to understand the issue of short-term housing rentals in Fayetteville, as well is its effects on the city as a whole. We will also be exploring possible tax revenue opportunities for the City of Fayetteville to consider when implementing a new policy. Our policy alternatives include: 1) The status quo policy; 2) A "No Regulation" policy; 3) A "Moderate Regulation" policy; 4) And a "Stringent Regulation" policy. On the basis of this analysis, we recommend that the City of Fayetteville adopt the "Moderate Regulation" policy on short-term rentals. As noted in the cost -benefit analysis, the Moderate Regulation option provides the most long-term flexibility with lower costs to the city than Stringent Regulation. Moreover, Moderate Regulation provides additional sources of revenue and data collection to the City, including a possible "Housing Trust Fund Tax" that could provide extra tourism revenue, as well as address any possible issues regarding housing affordability and availability that a strong presence of short-term rentals might produce. Moderate Regulation would offer greater equity for the City of Fayetteville, Fayetteville residents, Airbnb hosts, hoteliers, and tourists. While our policy solution provides a good starting point for the City of Fayetteville to begin regulating short-term rentals, we understand that data collection by the City is essential to eventually implementing a more custom policy to fit Fayetteville's needs. More data is needed to better understand exactly how short-term rentals are impacting Fayetteville specifically. Analyses of peer citie policies can provide ideas for Fayetteville to understand its specific issues once the climate is more closely assessed; however, each city experiences unique short-term rental costs and benefits. We are simply providing a safe platform on which the City may expand in the long term. 4 Introduction During our analysis of the City of Fayetteville's short-term rentals policy, five major issues were identified: policy ambiguity, data collection, tax remittance, impact on city housing, and attitudes of area residents and hotels. According to Johanna Interian (2016) of Boston College Law School, Airbnb is a major leader in the new sharing economy and should be held liable for limited actions of hosts that are consistent with the externalities typically associated with transient home sharing (p.132). Airbnb's functional resemblance to the hospitality industry raises questions about how to deal with taxation, safety regulations, and other industry rules that bind traditional companies in the hospitality industry (p.134). Peer cities involved in our analysis have mentioned hotel industry implications within their local economies, and their methods to mitigate those issues. Ultimately, policy solutions are necessary is because Airbnb travelers provide tax revenue and spending within the local economy. Airbnb claims that inexpensive lodging and increased access to accommodations in areas less frequented by tourists have helped stimulate the local economy. Airbnb guests stay longer, on average, than tourists staying in hotels and are more likely to return on later trips (Interian, 2016). Easily enforceable policies suggested by Interian (2016) include: limiting the number of days per year that a location can act as a short-term rental, which could help alleviate the loss of affordable permanent housing, and being required to annually register the property with local authorities to assist in assuring compliance with the annual limit and other applicable local rules, as well as data collection. Airbnb is notorious for withholding information and it is imperative the city is able to collect data. This fact alone was the driving force of features within two of our policy alternatives. Eliminating policy ambiguity is a goal our policy alternatives hope to provide. Grant Wills (2017) has investigated short-term rental policies in South Carolina, where regulations lack clarity. This is a common issue, as many states and municipalities also have vague regulations that are not properly enforced; this ambiguity can lead to a plethora of problems. An important consideration included in this analysis is the opinions of property owners within the Fayetteville. If zoning laws and other forms of government intervention are over utilized or too harsh, cities could be faced with unhappy property owners; similar zoning cases have found the government mired in legal trouble (Scanlan, 2017). There can clearly be an overreach of these policies, but a precedent has yet to be reached on the specific rights afforded to property owners who decide to utilize their spaces for short term rentals. Given that this is relatively new problem, each city or state may find that certain policies work better than others for their specific market but it remains to be seen if any broadly applicable solutions arise from this spread of short-term rental availability. It is worth noting that the level of population density and tourism in the cities mentioned, such as New York, will not be seen by the majority of markets. The spread of short-term rental policies will also not be as viable an economic model or as large of a factor in housing sparsity outside of these larger markets. We have analyzed the City of Fayetteville's current short-term rental policy and developed alternatives that would allow the city to reap additional benefits. Our policy solutions for short-term rentals are customized to fit the City of Fayetteville. Each policy alternative will consider Airbnb renters, Airbnb hosts, the City of Fayetteville, and Fayetteville residents. R Current Fayetteville Short-term Rental Climate, Policy, and Enforcement The City of Fayetteville's current policy restricts Airbnbs and other forms of short-term rentals to a minimum of one week. Any rentals shorter than 7 consecutive days are illegal, and are enforced on a complaints basis. Noise complaints are the most prevalent, but city officials have received 6 total complaints throughout the last three years combined. Despite the policy, travelers can still purchase shorter stays through the Airbnb app or website without penalty incurred by the host or renter. Remission taxes are still being collected by the City of Fayetteville from Airbnb; the tax is added at the time of purchase regardless of length of stay. City residents and hosts are often unaware of this policy, or are skirting the legal definition of a dwelling. The Airbnb climate in Fayetteville according to Airdna.co is displayed in Table 1 below. Table 1 Airbnb Climate in Fayetteville Active rentals 504 Average booked properties 460 Occupancy rate 45% Average booking rate per night $207.00 Average Airbnb private room price (Fayetteville) $62.00 Average hotel room price (Fayetteville) $82.00 Average Airbnb private room price (Downtown Fayetteville) $97.00 Average hotel room price (Downtown Fayetteville) $137.00 Map 1 on the following page displays the location of Airbnbs in the Fayetteville area. Map 2 shows the majority of Airbnb listings are in the downtown area within the following parameters: north of MLK Blvd., east of Razorback Road, south of Maple Street, and west of Mission Blvd. G9 Map 1 Short -terra! Rentals in Frnletterille Area Springdale fl ED Tpnlllown Blue Springs Spring Valley to Village Pedro 112 E)SUnora � 41) Na on Shady Grove $ Hin M field Wheeler i �• • • f • tiabberton Savoy ;•0 Gos •+ 'yr }Sp �� Il/,�• i :.5 Q wxm in " • � � Jr 1s r Bal¢:win Fa rminglor i � • � '. zes • Harr 16 Q Wesley Po Iklns • Gce•nland Black Oak Name Crane 2a linCOln 62 Fayetteville, Arkansas STIR Prices rk • Airbnb Private Room- $62 -$68 • Hotel Private Room - $82 245 Morrow Q Strlck12a li4� O Wyola Crosses �3 Brenlwood�. ;� lIaMValley lJ • l"l is winslm Map 2 FTetteville STR Concentration IV" f C 4 o O (W 79? t t e v l le n _ CJ wwrelnemna a P ® • Q n n 0 el 0 o rz q �V'Q7 � � H•i p � — 2 ® waIMPr Par L: j Parameters: „ MCN R «� • North of IV LK Blvd. ® ,lbs, Downtown Area STR Prices g • East of Razorback Rd. Airbnb Private Room $97 $102 • South of Maple St. 4 • Hotel Private Room - $137 • West of Mission Blvd. 7 HMR Tax Regulations Every city has their own hotel, motel, and restaurant (HMR) tax that is applicable to Airbnb rentals. Fayetteville's Airbnb HMR tax regulations shown below are effective February 1, 2017. 13.75% total for Airbnbs in Fayetteville 6.5% Arkansas Gross Receipts Tax • 1.25% Washington County Sales Tax 2% Arkansas Tourism Tax • 2% Fayetteville Sales Tax • 2% Fayetteville HMR Tax In terms of taxes, we recommend adding a 5% HTF tax to be described in the next section. Housing Trust Fund Tax Many cities are facing housing crises that are correlated with the presence of short-term rentals. To avoid this, all three of our policy alternatives include a Housing Trust Fund tax (HTF tax). This 5% tax will be added at the end of every Airbnb purchase. This will create an effective long-term housing source for affordable housing. This tax will increase social capital in an effort to reduce barriers to citizen development and upward mobility. This HTF tax would benefit other projects considered by the City of Fayetteville and also provide hotel owners an incentive to support policy changes. Fayetteville residents would not see an increase in taxes as only Airbnb renters would pay this upon making a reservation. This tax would still keep Fayetteville under a 20% total tax, which is competitive with our peer cities. Maps 1 and 2 display secondary dollar figures that include the HTF tax on Airbnb private rooms and show these taxes would not influence the market. Peer City Policies and Attitudes Three peer cities' policies have served as a resource when developing alternatives: Boulder, Colorado; Lawrence, Kansas; and Tempe, Arizona. Each city has a comparable population and a university atmosphere. Attitudes of short-term rentals follow, and Table 2 below compares regulation categories. Boulder, Colorado Short-term rental operators in Boulder must obtain a valid short-term rental license. Boulder requires hosts to register by application and paying a $130 fee. This license must be renewed every four years. Applicants are asked to provide documentation verifying the listing as primary residence, required to include their short-term license number on the listing, must meet minimum construction, design, and maintenance standards for buildings, including regulations on habitability, health, and life safety. A recent restriction passed regarding accessory units -- residents are no longer allowed to offer accessory units as short-term rentals. Complaints have been raised by Boulder residents regarding property rights and unclear regulations and requirements. The City of boulder attributes its stringent regulations to managing the current limited affordable housing availability for Boulder residents. Lawrence, Kansas Lawrence, Kansas has no opinion regarding Airbnb properties in their city, but recognized the necessity of regulation. Land use codes were amended on October 2, 2018 with an updated short-term rentals policy. City officials have expressed there is a benefit to regulating STRs, especially after members of the hotel industry became vocal. In an effort to leveling the playing field, the new policy requires short-term rentals to undergo a safety inspection and comply to similar hotel -standard codes and taxes. Tempe, Arizona The Tempe tourism office of Tempe, Arizona expressed significant distress with the inability to regulate airbnbs and other short term rentals in their city because of state law shielding the gig economy from local regulation efforts. Tempe neighborhood advocates, including the Mayor of Tempe Mark Mitchell, have spoken out against the state's restrictive legislation. Tempe, home to the infamous parry school ASU has a significant problem with students coming into residential neighborhoods for parties hosted at Airbnbs. The tourism office suggested restricting Aribnb listings to homeowners who are listing their primary residence might correct this problem but have no course of action available to implement this suggestion under current law. G9 i Table 2 Peer City Policy Comparison Policy Aspect Boulder, CO Lawrence, KS i Tempe, AZ Primary residence Proof of primary Must be owner i N/A residence required; occupied for more than accessory units can not 182 days annually be used for STR Business license Yes, $130 every 4 years Yes, annual N/A Guest restrictions Up to 3 or 4 family Only 3 or 4 guests at a None members plus 2 time depending on additional persons license type Guest length of stay None Less than 30 days None restrictions Tax remittance 7.5% accommodations Sales tax and transient Local sales tax and a tax collected by Airbnb guest tax paid directly state lodging tax are by Airbnb, owner must collected by airbnb and have proof of payment payed back to Arizona equally 7.9% Safety inspection Yes Yes, annually i N/A Neighborhood Not listed online as of Yes i N/A notification 12/14/18 STR licensing hotline Yes Yes NA Policy Goals The following policy goals and related impact categories will provide a basis for comparison of the current status quo policy and our proposed policy alternatives. When assessing these policy goals and impact categories, we are keeping in mind all possible stakeholders and possible externalities-- specifically the City of Fayetteville, Fayetteville residents and homeowners, and Fayetteville hotel and business owners. Political Feasibility Political feasibility will measure the likelihood of each policy alternatives to be accepted and successfully implemented by the City of Fayetteville and its residents and businesses. By identifying the major stakeholders in a potential short-term rental policy, we are able to deduce that a certain level of acceptance by city officials (what is the likelihood of the policy's adoption 1[ol by the city?), Fayetteville residents and homeowners (how will residents and homeowners react to the policy?), and Fayetteville hotel and tourism business owners (will the policy impact existing hotel and tourism revenue?) is imperative to a successful policy. We predict that harsher short-term rental policy alternatives will be more attractive to current hotel owners in Fayetteville, while looser enforcement will be more attractive to residents and homeowners overall. Moreover, fewer regulations could be easier to implement by the city, but harsher regulations can present opportunities for tax, permit, and other revenue. Efficiency Under this policy goal, we measure efficiency in terms of the benefits and costs, defined as the total social net benefits, to all stakeholders. The costs include labor and materials, as well as administrative and enforcement costs. Efficiency factors we have identified at this point in our research include: business licensing fees and revenues, code enforcement salaries, impacts on existing hotels, impacts on tourism revenue, impacts on current and future housing pricing and availability, revenue generated and contained within Fayetteville by local Airbnb hosts (the multiplier effect), tax and penalty revenue, and other possible items yet to be identified. Administrative Feasibility Ease of enforcement and ease of implementation would be high for the Status Quo, No Enforcement, and Moderate Enforcement policy alternatives. Harsh Enforcement however, would be low in these impact categories. Status Quo is synonymous with No Enforcement for the purpose of this paper as administrative officials currently do not have to proactively enforce the policy. Because short-term rentals are only permitted for a minimum of one week and residents are responsible for reporting complaints, enforceability and implementation are high; changes to the current policy would not be required. Moderate Enforcement would require Airbnb rental owners to purchase a business license and incur fines for not registering. Officials already conduct similar administrative duties, making ease of enforcement and ease of implementation high. Ease of enforcement and implementation are both low for the Harsh Enforcement policy. This alternative would require a business license, a limit on the number of days per year, and cap on the number of short-term rentals in Fayetteville. These tasks would require a significant amount of time and likely require creating a new position. Long-term feasibility for each policy alternative is unknown at this time due to incomplete data. Equity When discussing a policy intervention for short term rentals, and specifically Airbnb, it is difficult not to impede upon the equity of different stakeholders when considering the solutions provided. Fairness to homeowners is the most equitable in the moderate enforcement, but the other forms of enforcement could decrease property value or impede upon property rights that homeowners may fully enjoy. Fairness to existing hotels is most equitable in the moderate and harsh enforcement policy alternatives, although there is not enough data to conclude that Airbnbs are having statically significant effects on hotel business, or hotel prices, except in much larger, destination markets. However, established hotels will surely like to see stronger enforcement due to the regulations already faced by the hotel industry. Fairness to potential Airbnb users is the most equitable in the minimal policy intervention states, such as status quo and no policy intervention, which would provide the most short-term rental options for Airbnb seeking consumers and increase the ease of short term rental usage. There could quite possibly be an 11 impact on housing prices and rent, however the associated equity is hard to estimate or predict because research has not been conducted on areas with more Airbnbs in Fayetteville, but it is safe to assume that an over saturation possibly provided by status quo or no policy enforcement options could increase rent prices and decrease availability of housing for renters. Larger markets have seen increased rent prices but it would be difficult to stretch this data to predict the impact on Fayetteville's housing market. Policy Alternatives Based on the information that has been gathered from August until present, three possible alternative policies have been created. If any of the following policy alternatives are implemented or other short term rental policy changes occur, the City of Fayetteville should promptly notify Airbnb. Each policy alternative also includes the integration of an additional five percent short term rental tax to put towards a potential housing trust fund or utilized at the discretion of the city. Status Quo The Status Quo alternative would maintain the current city policy. Interventions only occur when complaints reach an excessive amount; however, "excessive" is not definitively defined. The current policy only permits reservations that are a minimum of one week, which is also enforced on a complaints basis. A 4% total tax is collected from Airbnb guests, that then remitted to the city of Fayetteville (Talk Business, 2018). No Regulation No regulation of short-term rentals is synonymous with no monitoring procedures for new and current hosts. The taxes collected would not differ than that of the status quo, but hosts would not have to acquire a business license. The complaint system would also be removed. Moderate Regulation In addition to the taxes already collected, Moderate Regulation would require Airbnb and other short-term rental hosts to purchase a standard business license and register their property with the city. A fine of $200 will be issued upon failure to register each host site. These procedures will allow the city to learn rental locations and density throughout the city. Fayetteville already has officials that conduct similar enforcement, therefore hiring a new employee will not be required, however the cost for the necessary monitoring has integrated into the cost structure of this policy alternative. Airbnb provides a field for business licenses to be displayed in each listing description, but a semi-annual listing check will be conducted by a designated city official. This policy has the potential to provide data of housing prices and availability in high traffic areas (such as downtown) after a number of years. Similar data is currently available but would require a subscription fee via Airdna.co. Stringent Regulation The Stringent Regulation policy alternative is the strictest policy. A standard business license would be required for all short-term rental hosts, as well as a yearly safety inspection of each hosting property. Hosts would only be allowed to utilize their primary residence for rentals. A fine of $200 will be issued upon failure to register each host site. A new position would be 12 required to monitor Airbnb activity within the city of Fayetteville to monitor business licenses and conduct safety inspections of short term rental host properties. An estimated yearly salary would be $46,384 for a city official that will monitor and manage this policy and its effect on low-income housing in the area, as well as conduct a quarterly listing check. Policy Goals/Alternatives Matrix Table 3 below details of each policy alternative as they would relate to to policy goals and their impact categories. 13 No Moderate Stringent Policy Goals Impact Categories Status Quos Regulation ftgulation Regulation Efficiency Total Net Benefits 755,580. 1,790,055.18 1,761,339.18 I 1,529,41.4.18 Fairness to Medium Medium Medium Homeowners Fairness to Existing Low Low Medium High Equity Hotels Fairness toAirbnb Medium Medium Medium Medium Users Ease of Enforcement lhph High Medium Administrative Feasibility Ease of Implementation High High Medium bkelihood of Successful Hteh High Medium Adoption by City ResidentfHomeowner Acceptance cceptance Mediums High Medium Hotel Owner Feasibility Low LOw Medium High Acceptance Business Owner l t;h r; High Low Acceptance 13 Benefit -Cost Fayetteville Sales Tax Revenue $397,790 I $397,790 1 $397,790 $397,790 (2%) HMR Tax Revenue (2%) 1 $397,790 1$397,790 $397, 790 J$397,790 Housing Trust Fund Tax $0 $994,475 $994,475 $994,475 Revenue (5%) Enforcement Revenue $0 $0 $143,204 $143,204 MME r Total Benefits W $795,580 $1,790,055 $1,993,259 $1,993,259 Administrative and Enforcement$0 � $0 $231,920 $463,840 Cost I otal Costs: I A 0 Total Net Benefits: $795,580 $1,790,055 $1,761,339 $1,529,419 Present Value: adjusted for $685,525 $1,542 431 $1,517' 688 $1,317,850 inflation at 1.5% annually Policy Recommendation After thorough analysis, our policy recommendation is Moderate Regulation. This policy has many benefits for the City of Fayetteville and its residents. The purchase of a business license would provide needed data and help monitor STR effects on the housing market in important economic areas. Moderate Regulation would provide substantial tax benefits for the city, especially considering the proposed HTF tax, while respecting the property rights of citizens. Overall, this policy would provide fewer negative externalities than the other alternatives. 14 Long-term Suggestions With the passage of a policy similar to that of the proposed moderate regulation policy, the Fayetteville can effectively monitor and study the short term rental market in the city, and its effects on tourism, housing prices, and the economic vitality. The city of Fayetteville can utilize the growing short term rental market to fill the gap left left by hotels or other accommodation services in key economic areas, like the Downtown/Dickson Street area. The potential for levying taxes on an expanding short term rental market, could be customized to fit the city's needs and could aid in helping fund projects, including a housing trust fund. As data is collected and carefully analyzed, the city can make further policy interventions if required or scale back any implemented regulation to accommodate to the market. Conclusion In conclusion the issue of policy ambiguity and lack of regulation will require ongoing changes in the future. As the short-term rental market changes over time, it is likely that policy regulations must also change. However, by implementing Moderate Regulation policy alternative and requiring the purchase of business licenses, the city will have the data necessary to explore potential policy changes, while continuing to encourage the growth of short term rentals in the city and ensure that the rights of property owners are upheld. 15 References Interian, J. (2016). Up in the Air: Harmonizing the Sharing Economy Through Airbnb Regulations, 39 B. C. Intl & Comp. Law Review. 129, Retrieved from http://lawdigitalcommons.bc.edu/iclr/vol39/iss 1/6. Scanlon, C. (2017). Re -zoning the sharing economy: Municipal authority to regulate short-term rentals of real property. SMULaw Review, 70(2) 563-591. Retrieved from https://scholar.smu.edu/cgi/viewcontent.cgi?article=4691 &context=smulr. Tuttle, K. C. (2018). Embracing the Sharing Economy: The Mutual Benefits of Working Together to Regulate Short -Term Rentals. University of Pittsburgh Law Review, 79(4), 803-821. https:HO-doi-or .lg ibrary.uark.edu/10.5195/lawreview.2018.576 Wills, G. (2017). To Be or Not to Airbnb: Regulation of Short -Term Rentals in South Carolina. South Carolina Law Review, 68(4), 821-843. Retrieved from http://0- search.ebscohost.com.library.uark. edu/loig naspx?direct=true&db=a9h&AN=123360808 &site=ehost-live&scope=site Farronato, C., & Fradkin, A. (2018). The Welfare Effects of Peer Entry in the Accommodation Market: The Case of Airbnb. NBER Working Paper Series. doi:10.3386/w24361 IG9 Ll� DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attorne DATE: July 12, 2019 RE: E -Scooter and Unintended Consequences of Age Limits F F�^7FI, �F4 16 aI Ill�;et;� \/ Ar4NSP Jodi Batker Paralegal As we continue to discover the unintended consequences of yet another attempt by the Arkansas General Assembly to remove local control over matters like electric scooters we will do what we can to temper the effects. Case in point: many children under the age of sixteen own and ride small electric assist scooters at their homes and in their neighborhoods. The state legislature has effectively criminalized this activity by passing Act 1015, the Electric Motorized Scooter Act. The state law does not distinguish between small personal scooters intended primarily for use at home and the larger, heavier, faster (and certainly more dangerous) commercial grade scooters used by the scooter share companies that can be ridden for many miles. The Mayor has authorized us to present an additional possible change that moves the age restriction from § 75.02, the general scooter operation rules that apply to both privately owned scooters as well as scooter share fleets, to § 75.11, which would place the burden on the scooter share companies to ensure their riders are of legal age. We believe this is the true intent of the state law. We cannot do anything about the age restriction in the state law (and it can still enforced for truly unsafe behavior) but we encourage the General Assembly to correct this issue as soon as it has an opportunity to do so. EXHIBIT A Chapter 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS ARTICLE I GENERAL PROVISIONS § 75.01 Definitions (A)(1) "Electric motorized scooter" means a device that: (i) Weighs less than one hundred pounds (100 lbs); (ii) Has two (2) or three (3) wheels; (iii) Has a handlebar; (iv) Is equipped with a floorboard that can be used to stand on while riding the electric motorized scooter; (v) Is powered by an electric motor; and (vi) Has a maximum speed of twenty miles per hour (20 m.p.h.) with or without human propulsion on a paved level surface. (2) "Electric motorized scooter" does not include A motorcycle, an electric bicycle, an electric personal assisted mobility device, a motor -driven cycle, a motorized bicycle as defined in Ark. Code Ann. § 27-20- 101, a moped; or an electric bicycle under Ark. Code Ann. § 27-51-1702; (B) "Scooter -share operator" means a person or company offering a shared scooter for hire; (C) "Scooter -share program" means a service in which a shared scooter is made available to use for hire; and (D) "Shared scooter" means an electric motorized scooter offered for hire. § 75.02 Operation of electric motorized scooters Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a scooter -share program, are subject to the following regulations: (IB4 A) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per hour; {G)Lq Operation on sidewalks (1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right- of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian. (2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a building, when riding on the sidewalk would endanger pedestrians, or where operation of an electric motorized scooter on a sidewalk is prohibited by an official traffic control device. (3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual must dismount, walk the electric motorized scooter, and obey applicable traffic control devices. �D)LQL_Riding on Roadways and Bicycle Facilities (1) Any person operating an electric motorized scooter upon a roadway at less than the normal and reasonable speed of traffic shall ride in the right hand lane of the roadway subject to the following provisions: a)lf the right hand lane is wide enough to be safely shared with overtaking vehicles, a person operating an electric motorized scooter shall ride far enough to the right as judged safe by a reasonable scooter user to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. b) A person operating an electric motorized scooter may use a lane other than the right hand lane when: i. Passing another vehicle; ii. Preparing for a left turn; iii. Avoiding conditions, including, but not limited to, fixed or moving objects, or surface hazards; iv. Lanes are too narrow for an electric motorized scooter and vehicle to travel safely side by side; V. Approaching an intersection where there is a designated right turn lane and the scooter user does not intend to turn right, the scooter user may ride on the left-hand side of such designated lane; vi. Riding on a roadway designated for one-way traffic, when the scooter user may ride as near to the left-hand curb or edge of such roadway as judged safe by the scooter user; or vii. Riding on parts of roadways designated for bicycles. (2) A scooter user shall not be expected or required to: a) Ride over or through any hazards or apparent hazards. b) Ride without a reasonable safety margin on the right-hand side of the roadway. c)A person operating an electric motorized scooter in compliance with this section and not violating any other section of law is not impeding traffic. (P D) The operator of an electric motorized scooter emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across the alleyway, yield the right-of-way to all pedestrians approaching on such sidewalk area and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on such roadway ()(E) No person riding upon any electric motorized scooter shall attach either the scooter or the rider to any vehicle upon a roadway. (G)LE No person operating an electric motorized scooter shall carry any package, bundle or article, which prevents the rider from keeping at least one (1) hand upon the handlebars. § 75.03 Parking of electric motorized scooters (A) Electric motorized scooters may not be parked in a manner that would impede normal and reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum clear width of a sidewalk to less than 48 inches. (B) Electric motorized scooters may not be parked in a manner that violates the Americans with Disabilities Act. (C) Electric motorized scooters may not be parked in a manner that would impede vehicular traffic on a street or alley. (D) Electric motorized scooters may not be parked in a manner that would impose a threat to public safety or security. (E) Electric motorized scooters may not be parked on a public street without specific permission from the City. (F) Electric motorized scooters may not be deployed on a block where the sidewalk is less than 96 inches in width, or on a block that does not have sidewalks. The City may determine other blocks or areas where deploying electric motorized scooters are prohibited. (G) Electric motorized scooters must be deployed on a sidewalk or other hard surface, at a bicycle rack, or at a city -owned location. Electric motorized scooters may only be deployed on private property with the permission of the property owner. (H) Electric motorized scooters must stand upright while parked. (1) Electric motorized scooters may not be parked within five feet of a crosswalk or curb ramp, unless given specific permission by the City. (J) Electric motorized scooters may not be parked in a way that blocks: (1) Transit stops, shelters, or platforms. (2) Commercial loading zones. (3) Railroad or light rail tracks or crossings. (4) Passenger loading zones or valet parking service areas. (5) Disabled parking zones. (6) Street furniture that requires pedestrian access (for example, benches or parking pay stations). (7) Building entryways. (8) Vehicular driveways. (K) Electric motorized scooters parked along multi -use trails may only be parked at trailheads or other areas identified by the City. (L) Electric motorized scooters that are parked in an incorrect manner must be re -parked or removed by the operator within two hours of receiving notice from the City on weekdays between 6:00 a.m. and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice from the City at all other times. (M) Electric motorized scooters that are parked in a residential area may remain in the same location for up to 48 hours as long as it is parked in accordance with this section. An operator shall relocate or rebalance electric motorized scooters parked in a residential area after receiving a citizen request or complaint in accordance with the timeframes specified in §75.11(P) § 75.04 Safety Regulations Electric motorized scooters shall be equipped with a brake and, for those units that operate at night, a front light that emits white light as well as a red light and reflector at the rear of the unit. All electric motorized scooters shall have front and back lights that are always on and are visible from a distance of at least 500 feet under normal atmospheric conditions at night. Front and rear lights must stay on at least 90 seconds after the unit has stopped. ARTICLE II —REGULATIONS APPLICABLE TO SCOOTER -SHARE PROGRAMS AND SCOOTER - SHARE OPERATORS §75.10 Permit required (A) A person commits an offense if, within the city, he or she operates, or causes or permits the operation of, a scooter -share program without a valid operating authority permit issued under this Chapter. (B) Issuance of a permit does not authorize the operation of a shared scooter on the University of Arkansas campus or private property without the approval of the property owner. (C) The total number of initial permits issued by the City for shared scooters shall not exceed 4,008500 at any tomo ua�rry -am-rc. (D) Application for operating authority permit (1) To obtain an operating authority permit, a person shall make application in the manner and on the form prescribed by the City. The applicant must be the person who will own, control, or operate the proposed shared scooter program. (2) An application shall be accompanied by the non-refundable application fee and shall contain at least the following information: a. The form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business and the name and address of each person with a 20 percent or greater ownership interest in the business; b. The verified signature of the applicant; c. The address of the fixed facilities to be used in the operation, if any, and the address of the applicant's corporate headquarters, if different from the address of the fixed facilities; d. The name of the person designated by the applicant to receive on behalf of the applicant any future notices sent by the city to the operator, and that person's contact information, including a mailing address, telephone number, and email address; e. Documentary evidence from an insurance company indicating that such insurance company has bound itself to provide the applicant with the liability insurance required by this Chapter; f. Documentary evidence of payment of ad valorem taxes on property within the city, if any, to be used in connection with the operation of the proposed shared scooter program; g. The number and types of shared scooters to be operated; and h. An agreement to indemnify the city. (3) An operating authority permit may be renewed following the process in this section. (4) Application and fleet fees. (1) The initial application for an operating authority permit must be accompanied by aR-the non-refundable application fee of $150.00.aA_-fee of $20.00 per shared scooter in the operator's fleet shall be paid prior to the issuance of any permits. Applications to renew an operating authority permit must be accompanied by a_non-refundable application fee of $100.00.-afA-aA fee of $20.00 per shared scooter in the operator's fleet shall be paid prior to the issuance of renewal permits. (2) Fees collected pursuant to this subsection shall first be applied to the costs incurred by the City for administering the scooter share permit program and then to infrastructure improvements and maintenance related to the operation of electric motorized scooters. (E) Changes to information in operating authority application. (1) Any changes to the information provided in the operating authority permit application must be reported to the City, in the manner prescribed by the City, within 10 days of the change. (2) If the information reported to the City under this section includes an increase in the number of shared scooters, any additional vehicle fees due shall be submitted to the City simultaneously with the change in information. (F) An operating authority permit expires six (6) months from the date it is issued. (G) Operator Fleets. M An Operator's initial fleet must be a minimum of 100 shared scooters and shall not exceed 250 shared scooters. Operators may request an increase to their initial fleet of up to 250 additional shared scooters as part of +: tarn permit renewal. A request for an increase in fleet size shall include a rationale and analysis to justify the additional fleet size. Authorization of additional units is at the sole discretion of the City. Operators shall be limited to a maximum -of 500 shared onnn+oro in their fleets (2) The total number of deployed scooters in an operator's fleet must maintain a minimum average of 2 trips per scooter per day, determined by monthly usage. Should this demand not be met, the City may require a portion of the scooters to be relocated or removed. M(3) The City may establish zones to limit or require the deployment of scooters in certain areas to ensure that scooters are accessible to the public across the City. (H) A scooter -share operator or scooter -share program shall not charge a per minute fee to users exceeding 1/5th the cost to unlock a shared scooter. (1) Refusal to issue or renew operating authority permit. (1) The City shall refuse to issue or renew an operating authority permit if the applicant: a. intentionally or knowingly makes a false statement as to a material matter in an application for a permit or permit renewal; b. has been convicted twice within a 12 -month period for a violation of this article regarding the deployment of a shared scooter or the rebalancing or removal of a dockless vehicle, or a rule or regulation adopted under this article regarding the deployment of a shared scooter or the rebalancing or removal of a shared scooter, or has had an operating authority permit revoked within two years of the date of application.. or c. has deployed unpermitted electric scooters within the City of Fayetteville in violation of this chapter. (2) If the City determines that a permit should be denied, the City shall notify the applicant or operator in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or operator of the right to, and the process for, appeal of the decision. (J) Suspension or revocation of operating authority permit. (1) The City may suspend an operating authority permit if the City determines that the operator failed to comply with a request to remove a shared scooter_-Gf--a request to rebalance shared scooters issued by the City within the time specified in the order, or for failure to comply with any other requirement in this chapter. Suspension of an operating authority permit does not affect the expiration date of the permit. (2) The City s#af-Mgy revoke an operating authority permit if the City determines that the operator has: a. made a false statement as to a material matter in the application concerning the operating authority permit; b. failed to maintain the insurance required by this article; c. operated shared scooters that were not authorized by the operating authority permit; Gr -- d. �d failed to pay a fee required by this article-, or d -e. failed to comply with the provisions of this chapter. (3) After revocation of an operating authority permit, an operator is not eligible for another permit for a period of up to two years, depending on the severity of the violation resulting in the revocation. (K) Appeals. Any person whose application for an operating authority permit, or renewal of an operating authority permit, is denied by the City, or an operator whose operating authority permit has been revoked or suspended by the City, may appeal the decision to the City Council by filing a written notice in the City Clerk's office within ten (10) business days of the decision. § 75.11 Operation of scooter -share programs Scooter -share operators shall comply with the following requirements for scooter -share programs: Operators shall provide a method for users to utilize shared -scooter programs without a smartphone. (A)(B) Operators shall not permit any person under the age of sixteen (16) to operate a shared scooter. (&)(C) Rates for shared scooters shall be clearly and understandably communicated to customers prior to use. (G)(D) Shared scooters programs shall ensure that its application and website educates users about how to comply with the general operation, parking, and safety regulations set forth in § 75.05- 75.07. (D)(E) Shared scooters shall be equipped with an on -board GPS unit or equivalent that can report the location of a unit at any time for the purposes of use, recovery, repair, data collections, and incident investigation. (€)LE Shared scooters shall be high quality, sturdily built to withstand the rigors of outdoor storage and constant use. (F -)(G) Shared scooters shall employ tamper-resistant security hardware. {G4LHj Shared scooters used in systems issued a license must employ an electric motor of less than 750 watts (1 h.p.). "M Operators must have the ability to implement no -ride zones, the ability to slow scooters, and the ability to prevent parking in areas identified by the City. Operators must also have the ability to require shared scooters to be parked in certain areas designated by the City. (f)LJ) Shared scooters shall meet the most up-to-date equivalent safety standards as those outlined in the Code of Federal Regulations and the International Organization for Standardization for bicycles. Currently, scooters shall meet CPSC in Public Law 107-309 for standards around weight bearing. (J)(K) For all shared scooters used the maximum motor -assist speed for licensed units shall be 15 mph, when ridden in the street environment. (f4)(L) Shared scooters shall be able to securely stand upright when parked. M(M) Shared scooters shall be inspected when removed from routine service, to ensure that all of its components are present and functioning properly. (W N) Operators must be capable of quickly identifying and addressing safety and maintenance issues with shared scooters, including a mechanism for customers to notify the company that there is a safety or maintenance concern with the scooter. (#)(0) Operators must be capable of remotely disabling the use of a unit if it is reported or found to have a safety, maintenance, or other hazardous condition. Scooters that are reported as unsafe or non-functional shall be immediately deactivated for rental and removed from operations until repaired. {9}(P) Operators shall remove any unit that is not safe to operate within four (4) hours of receipt of notice and shall not be redeployed until repaired. (R)(0) Operators shall respond to complaints and obstructions within the following time frames: (1) Sidewalk obstructions — 60 minutes (2) Travel and bicycle lanes — 60 minutes (3) Transit stop obstructions — 60 minutes (4) Environmentally sensitive area — 60 minutes (5) Private property — 2 hours (6) Other obstructions and nuisances — 2 hours (7) Unauthorized portions of parks and trails — 2 hours (8) Other unauthorized areas — 2 hours (QjLRL_Operators shall have a program in place to ensure proper recycling and disposal of batteries under universal waste battery disposal standards pursuant to Title 40 of the Code of Federal Regulations, Part 273. § 75.12 Identification of shared scooters Scooter -share operators shall ensure that each shared scooter: (A) Clearly displays the emblem of the operator; (B) Clearly displays the operator's customer support information including customer service phone number, website, and application; and (C) Bears a unique alphanumeric identification number that is visible from a distance of five feet (5) and is not covered by a branding or other marking. § 75.13 Minimum insurance requirements (A) A scooter -share operator shall carry the following insurance coverage dedicated exclusively for operation of a shared scooter and shall provide a valid certificate insurance each year the operator's permit is renewed: (1) Commercial general liability insurance coverage with a limit of no less than one million dollars ($1,000,000) for each occurrence and five million dollars ($5,000,000) aggregate; (2) Umbrella or excess liability coverage with a limit of no less than five million dollars ($5,000,000) for each occurrence and five 35 million dollars ($5,000,000) aggregate; and (3) Workers' compensation coverage as required by law. (B) A valid certificate of insurance evidencing the coverage required by this section shall be submitted within ten (10) days of the issuance of an initial operating authority permit. (C) Scooter -share operators may not be self-insured. (D) Insurance required by this section shall include a cancellation provision in which the insurance company is required to notify the City in writing not fewer than ten (10) days before cancelling the insurance policy for any reason or before making a reduction in coverage. § 75.14 Data Sharing (A) A scooter -share operator shall provide: (1) Anonymized fleet and ride activity data for all trips starting or ending within the City of Fayetteville; (2) All ride activity data for any trip resulting in an accident report. (B) Such data shall include: a. Total number of daily, weekly, and monthly riders; b. Total number of vehicles in service for the reporting period; c. Aggregated monthly summary data in the form of heat maps showing routes, trends, origins, and destinations; d. Total number of miles traveled daily, weekly, and monthly by users; e. Average time each shared scooter spends available (not in use); f. A report or chart showing the times and days when more than 75% of a fleet is in use at one time; g. Duration of ride per day of the week; h. Summary of fleet numbers lost to theft or vandalism; i. Summary of customer comments, complaints, and requests for service; resolutions to comments, complaints, and requests for service; and the time it took to resolve any complaint or request for service; and j. Monthly summary of repairs per shared scooter; and k. Any other report requested by the City. (C) Such data shall be provided to the City of Fayetteville at least monthly. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Meeting Final Agenda Tuesday, July 16, 2019 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Final Agenda July 16, 2019 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2018-0677 MONTHLY FINANCIAL REPORT - PAUL BECKER Agenda Additions A. Consent A. 1 2019-0012 APPROVAL OF THE JUNE 18, 2019 AND JULY 2, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0339 2019 COMMUNITY DEVELOPMENT BLOCK GRANT: A RESOLUTION TO APPROVE THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2019 IN THE AMOUNT OF $702,439.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 7/11/2019 City Council Meeting Meeting Final Agenda July 16, 2019 A. 3 A. 4 A. 5 A. 6 2019-0402 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $2,047.00 REPRESENTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED FROM A LIEN PAYOFF AND DONATIONS FROM CITIZENS AND LOCAL BUSINESSES 2019-0391 RFP 19-29 AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS: A RESOLUTION TO AWARD RFP 19-29 AND AUTHORIZE A CONTRACT FOR THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS IN THE AMOUNT OF $12.10 PLUS APPLICABLE TAXES PER UNIFORM FOR THE FALL 2019 AND SPRING 2020 SEASONS WITH AN OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE-YEAR TERMS 2019-0403 CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,575,959.00 FOR ADDITIONAL TRADE PACKAGES ASSOCIATED WITH THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY OF 14.5% TO BE HELD BY THE FAYETTEVILLE PUBLIC LIBRARY 2019-0418 CRAFTON, TULL & ASSOCIATES, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ #19-01, IN THE TOTAL AMOUNT OF $110,400.00 FOR STREET, DRAINAGE AND WATERLINE DESIGN SERVICES FOR A PORTION OF THE RUPPLE ROAD PROJECT City of Fayetteville, Arkansas Page 3 Printed on 7/11/2019 City Council Meeting Meeting Final Agenda July 16, 2019 A.7 2019-0419 MCCLELLAND CONSULTING ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #14-01, IN THE TOTAL AMOUNT OF $167,610.00 FOR UPDATED STREET, DRAINAGE AND WATER LINE DESIGN SERVICES FOR THE ZION ROAD - VANTAGE TO CROSSOVER PROJECT A.8 2019-0405 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $790.00 TO PAY FOR TRAVEL AND TRAINING EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT A.9 2019-0374 MULTI -CRAFT CONTRACTORS, INC.: A RESOLUTION TO APPROVE A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC., PURSUANT TO RESOLUTION 163-16, FOR REPAIRS TO THE DRAINAGE SYSTEM AT THE CITY TRANSFER STATION IN THE AMOUNT OF $67,364.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,124.00 A.10 2019-0406 AUTOMATIC ENGINEERING: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $16,537.39 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM AUTOMATIC ENGINEERING FOR THE REPLACEMENT OF A MIXER USED AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 7/11/2019 City Council Meeting B. Unfinished Business B.1 2019-0299 B. 2 B. 3 Meeting Final Agenda TREE PRESERVATION EASEMENT: July 16, 2019 A RESOLUTION TO APPROVE THE VACATION AND ABOLISHMENT OF A TREE PRESERVATION EASEMENT DEDICATED AS PART OF THE LARGE SCALE DEVELOPMENT FOR THE CONSTRUCTION OF THE JD CHINA RESTAURANT ON MARTIN LUTHER KING BOULEVARD IN 2001, CONTINGENT ON THE DEDICATION OF TWO REPLACEMENT TREE PRESERVATION EASEMENTS TOTALING APPROXIMATELY 1 ACRE At the June 18, 2019 City Council Meeting this item was tabled to the July 16, 2019 City Council Meeting. 2019-0426 AMEND §31.45(C) DUTIES OF THE FAYETTEVILLE CITY CODE: AN ORDINANCE TO AMEND §31.45(C) DUTIES OF THE FAYETTEVILLE CITY CODE TO AFFIRM THAT THE CITY PROSECUTOR HAS THE TRADITIONAL INHERENT POWER TO EXERCISE DISCRETION TO DISMISS MOST MISDEMEANOR CRIMINAL CASES At the July 2, 2019 City Council Meeting this item was left on the first reading. 2019-0407 ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS: AN ORDINANCE TO ENACT CHAPTER 75 ELECTRIC MOTORIZED SCOOTERS AND SCOOTER -SHARE PROGRAMS At the July 2, 2019 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 5 Printed on 7/11/2019 City Council Meeting Meeting Final Agenda July 16, 2019 B.4 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER At the July 2, 2019 City Council Meeting this item was left on the first reading. C. New Business C.1 2019-0364 AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH CURRENT BUILDING CODES AND ELIMINATE UNNECESSARY REQUIREMENTS THAT HAVE LITTLE OR NO IMPACT ON THE QUALITY OR SAFETY OF BUILDINGS WITHIN THE CITY C.2 2019-0415 AMEND §161.29 NEIGHBORHOOD CONSERVATION: AN ORDINANCE TO AMEND § 161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET City of Fayetteville, Arkansas Page 6 Printed on 7/11/2019 City Council Meeting Meeting Final Agenda July 16, 2019 C. 3 C. 4 C. 5 2019-0359 AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS: AN ORDINANCE TO AMEND CHAPTER 166.08, STREET DESIGN AND ACCESS MANAGEMENT STANDARDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO MODIFY THE APPLICABILITY, ACCESS MANAGEMENT, AND NONCONFORMING ACCESS FEATURES REGULATIONS TO REMOVE BARRIERS THAT DISCOURAGE RENOVATION AND IMPROVEMENT OF EXISTING STRUCTURES 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS 2019-0417 RZN 19-6696 (1960 E. HUNTSVILLE RD./TRIPODI-QUINN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6696 FOR APPROXIMATELY 0.28 ACRES LOCATED AT 1960 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL City of Fayetteville, Arkansas Page 7 Printed on 7/11/2019 City Council Meeting Meeting Final Agenda July 16, 2019 C.6 2019-0420 RZN 19-6703 (535 S. BROYLES AVE.IWOOLSEY FARM): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6703 FOR APPROXIMATELY 30.17 ACRES LOCATED AT 535 SOUTH BROYLES AVENUE FROM R -A, RESIDENTIAL AGRICULTURAL TO P-1, INSTITUTIONAL C.7 2019-0358 AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS: AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS C.8 2019-0348 SHORT TERM RENTALS: A RESOLUTION TO REQUEST THAT CITY STAFF STUDY AND DEVELOP AN ORDINANCE TO REGULATE SHORT-TERM RENTALS IN THE CITY OF FAYETTEVILLE D. City Council Agenda Session Presentations D. 1 2019-0394 AGENDA SESSION PRESENTATION: BEAVER WATERSHED ALLIANCE E. City Council Tour City of Fayetteville, Arkansas Page 8 Printed on 7/11/2019 City Council Meeting Meeting Final Agenda July 16, 2019 F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Paye 9 Printed on 711112019 City Council Meeting Meeting Final Agenda July 16, 2019 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Presentations by Staff and Applicants: Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. Public Comments: Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the City Council. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the City Council member and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to a City Council member or city staff City of Fayetteville, Arkansas Page 10 Printed on 7/11/2019 City Council Meeting Meeting Final Agenda July 16, 2019 member except through the Mayor. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72 -hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 11 Printed on 7/11/2019 SERVICE ESTIMATE Customer: City of Fayetteville, AR Contact : Brian Daniels Date: 06/28/2019 Phone: 479-575-8386 Fax: 479-684-4730 Project: Quote #: 7016772 Opp #: OP -482361 Dear Brian, We are pleased to offer the following estimate for your review. Automatic - Municipal Tulsa 412 N. Redbud Ave. AUTOMATIC Broken Arrow, OK 74012 ENGINEERING Phone: 918-585-5703 A COGENT COMPANY Fax: 918-585-5707 Line No Quantity Description of Unit Net Each Net Ext. 1 1.00 LIGHTNIN 83Q5 GEARBOX AND MOTOR Serial Number - 8625435509 ■ Lightning gearbox exchange with refurbished unit. 1.00 ■ GEARBOX EXCHANGE Total Delivery: ................... 1 - 2 week(s) after receipt of P.O. FOB Point: .................. Shipping Point Terms of Payment: ...... Upon Receipt Quote Validity: ............ 30 Days Thank you for the opportunity to provide you with this estimate. Please let us know how you would like to proceed. Quoted By: Bryant Peterson bpeterson@cogentcompanies.com 816-460-1635 Salesrep: Tim Hunt thunt@aei-inc.com $16,537.39 STANDARD TERMS AND CONDITIONS Price is FOB destination and does not include any freight charges. Price does not include any applicable duties or sales tax, use tax, excise tax, value-added or other similar taxes that may apply to this equipment and/or project. Unless specifically stated, price does not include manual or automatic controls, starters, protective or signal devices, wiring, anchor bolts, gauges, vibration isolation devices, installation, startup or testing. If the price is included in a proposal, the price is firm for receipt of an order within 30 days of the date shown on the proposal. Any additional terms and conditions included in the proposal are specifically included in these terms and conditions. Unless otherwise expressly agreed to in writing by Seller, all shipments are FOB destination at which point title also transfers. Payment is due upon receipt of the invoice. Retainage of any invoiced amount is unacceptable unless specifically agreed to by Company at the time of order, and shall in no case exceed a period of 120 days. If payments are not timely received by Company, and this account is turned over to an attorney for collections, Customer agrees to pay all reasonable costs and attorney fees incurred in collection of the past due amounts. Payment of 'commercial transaction' invoices by credit card will be charged a fee based upon Cogent's average discount rate for credit card transactions for the prior calendar year. This fee will change annually and is currently 2.55%. All equipment either rented from or through Company is subject to all of the terms and conditions listed on the back of the rental contract. Pricing does not include any overtime running of power equipment. Customer shall be responsible for determining the good operating condition of all materials and equipment prior to accepting the materials and equipment. NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IS MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH IN WRITING AND ACCEPTED IN WRITING BY COMPANY, BUT IN SUCH CASE THE WARRANTY OR GUARANTEE IS LIMITED AS ABOVE PROVIDED. Notwithstanding the foregoing, Company will pass through to the Customer any warranty provided by the manufacturer of any equipment supplied by Company. Warranty on workmanship is 12 months from delivery. In connection with a proposal, if Customer has any further questions or comments regarding the proposal, please feel free to contact Company. If the proposal meets with Customer's approval, please sign, date and mail or fax a copy of the proposal back to Company's office, and the identified equipment will be ordered and/or scheduled for delivery. This agreement shall be governed by the laws of the state of Arkansas. Customer further agrees that venue and jurisdiction shall be appropriate in the county in which the customer is located. Any provisions hereof which may prove unenforceable under any law shall not affect the validity of any other provision hereof. Revised January 2019 lil OFFICE OF THE CITY ATTORNEY TO: FROM: DATE: DEPARTMENTAL CORRESPONDENCE Kit Williains Cite Atforno, Blake Pennington Assistant Cite Attomey Mayor Jordan Jodi satker City Council Parralegca) 4; Blake Pennington, Assistant City Attome Peter Nierengarten, Environmental Director July 11, 2019 RE: Final Recommended E -Scooter Ordinance Revisions During Tuesday's agenda session, Peter Nierengarten and 1 presented some proposed amendments in § 75.10 that are our attempts to incorporate some of your concerns and. recommendations. In addition to those changes, we have discovered during the process of designing the application that a couple more changes to the application process will benefit both applicants and staff during the permitting process. Attached is what we believe is the final recommendation by the Administration for the electric scooter ordinance. If you agree with these changes, please move to amend the ordinance next Tuesday. 1. § 75.10(C) Reduced the initial maximum number of deployed scooters from 1000 to 500 during the first 6 months of operation. Also removed the upper limit on permits; this is done in conjunction with changes that would allow administrative approval of additional permits based on demand and consideration of safety and other factors related to the continued safe operation of the scooter share programs in § 75.10(G). 2. §75.10(D)(2) - Removed the requirement for a verified signature which is difficult to require in an electronic application. Page Two - Final Recommended E -Scooter ordinance 3. § 75.10(D)(4) - Separated application fees and per -scooter fees; the proposed change will allow an applicant to pay the application or renewal fee at the time an application is submitted online but per - scooter fees would not be collected until just before initial or renewal permits are issued. 4. § 75.10(G) - Clarifies the administrative adjustment procedure; (G)(1) removes the limit on the number of scooters in a fleet but still requires rationale and analysis proving the need exists; (G) (2) allows (but does not require) the administration to reduce a fleet size if the target average of 2 rides per day per scooter is not met; and (G) (3) would allow the administration to create zones to ensure a balance of scooters throughout town. This zoning could be similar to how Austin dealt with the balance issue by creating a downtown core zone (see attached map) and then requiring additional scooters to be deployed outside of that core. 5. § 75.10(I & J) - Strengthens the ability of the administration to refuse to issue initial or renewal permits as well as revoke or suspend permits for violations of the e -scooter ordinances. 0 CoLhcil Mem lr ❑bnia ❑Ltierre❑ Ward 1 _bsition 1 CoLihcil MemLbr rah Marsh Ward 1 _bsition 2 CoChcil MemCer Mark ❑inion Ward 2 ❑ sition 1 CoLhcil MemLbr Matthew ❑etty Ward 2 -osition 2 Mayor ❑ioneld -ordan City Ittorney ❑it Williams City Clerk ❑bndra ❑. 1 -with City of Fayetteville Arkansas City Council Meeting June 18, 2019 City Col-hcil Meetin❑MinEtes ❑Che 1 FT -9 lA ❑ l❑aL�1ofIF] Col-hcil Mem'-br Joan ❑brown Ward I I ❑bsition 1 Co-ncil Mem--er Ihrah 031ch Ward ❑ ❑bsition 2 Co--hcil Mem-or Leresa 1-1137k Ward 111 osition 1 Co-ncil Mem 3 r ❑yle Enith Ward ❑ ❑osition 2 A meeting of the Fayetteville City Council was held on June 18, 2019 at 5:30 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: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, Assistant City Attorney Blake Pennington, City Clerk Sondra Smith, Staff, Press, and Audience. Council Member Kinion arrived at 6:07 p.m. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: ❑one City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Co Chcil Mem F-Ae r n Bch presented the ❑ominatin ❑ Committee report and recommended the appointments as s mnitted. ❑ copy of the report is attached. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City CoEhci1 Meetin❑MinQes ❑he1FF9.A❑ ❑ Lb2of1❑ Council Member Marsh moved to approve the Nominating Committee Report. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. Agenda Additions: ❑one Consent: ❑pproval of the Cie = A ❑City Co❑hcil Meetin❑MinCtes. Approved Jacobs Engineering Group Inc.: ❑ resolution to aEthorilb a professional en❑ineerin❑services a Cl"eement with CAco 11; On uineerin ❑ ❑ro Ep Cdc. 4 Cfs ❑int to ❑election ❑1 ❑ of ❑ ❑❑ 1 FM An the amo Eht of ED 11 FE CD for desiEh and constrCbtion phase services associated with the replacement of aeration asin Ates at the ❑gland Water ❑esoufce ❑ecovery ❑acilityLand to approve a CLdubt ad fitment. Resolution 142-19 as recorded in the office of the City Clerk RFP 18-18 Lucity, Inc.: ❑ resol Ction to award ❑ ❑❑ 1 Ell ❑ and a Cthori lb a contract with ❑ubity❑ Cdc. for asset mana Cbment and work order software in the initial amo Eht of E2 =to approve the p ul•chase of five years of annuld software maintenance in the total amo Cht of Ell C)EEhnd to approve a pro Cbct contin ❑ency in the amo Eht of E2 uD Resolution 143-19 as recorded in the office of the City Clerk Arkansas Highway and Transportation Department: ❑ resolution to approve a ❑ Ebt adMtment reco1hiCin❑federalE id fChds received from the ❑rkansas ❑iuhway and ❑ransportation ❑epartment in the amo Ent of CD for ri Cht of way ac CLisition and en Cineerin Els Cpport for the ❑ain ❑treet ❑Ctension ❑roldct. Resolution 144-19 as recorded in the office of the City Clerk Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin❑MinC3es ❑Che 1 CT -9, A ❑ Da Lb L] of 1❑ Unfinished Business: Tree Preservation Easement: ❑ resoltion to approve the vacation and aCblishment of a tree preservation easement dedicated as part of the ❑ar❑e ❑tale ❑evelopment for the constrFbtion of the FID China ❑estaFTant on Martin ❑Ether []in El ❑oFlevard in 2 M EbontinCbnt on the dedication of two replacement tree preservation easements totalin ❑ appro Flmately 1 acre. At the June 4, 2019 City Council meeting this item was tabled to the June 18, 2019 City Council meeting. John Scott, ❑rElm Cbrester Cave a CTief description of the resoltion. ❑e reETbsted for the item to Fb taFled Ehtil ❑Fly 1 ❑ 2 ❑1 ❑to allow more time to visit with the applicant. ❑e stated the applicant aFkees with the rest to taAe. Council Member Marsh thanked the CoEhcil for doin❑a site visit. Elie stated ecoloEical services are Chin❑provided ❑Y the site and a lot of that has to do with the tree canopy and Ards in the area. Fhe stated the site co Fld Fbnefit from some eyes on it in the form of limited development. Che enco as [bd the applicant to consider the City Co Lhcil E proposal ❑. Elie spoke aCb t the maintenance of the lot. Mayor Jordan spoke a❑bt the history in ❑pril 2m1. El stated a ❑ar❑e ❑tale ❑evelopment was appealed ❑Y Co Chcil MemEbr ❑antos and [:ko Clht to the fFll Co Eheil. ❑e stated the vote was CIID to not s Epport the appeal. Council Member Marsh made a motion to table the resolution to the July 16, 2019 City Council meeting. Council Member Smith seconded the motion. Upon roll the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. This resolution was tabled to the July 16, 2019 City Council meeting. New Business: Food Recycling Solutions, LLC: ❑ resoltion to approve an aFteement with ❑bod ❑ecyclin❑ Cbl tions❑❑❑C for the hadin❑of orFlinic compostaFles and recyclaFle material in the City of Cayetteville. Peter Nierengarten, ❑nvironmental Director Clive a Cfief description of the resoltion. Council Member Smith: ❑here was news of of the ❑diversity that some of their recyclin❑ended Fj) in landfills. ❑haven® had a chance to Cb Flick and look at the contract real close. Fbr the compost this reCT-ires them to deliver to oET facility El Peter Nierengarten: ❑esEit does. Council Member Smith: ❑his contract also incl ties athoriFation to ha commercial recycles El 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin11Min13es ❑Che 1 CT -9, A ❑ Da Lb L] of 1❑ Peter Nierengarten: It does. Council Member Smith: ❑o we have a similar ❑grantee in the recycled collection portion of that ::as far as where the end prod Cbts Cb ❑ Peter Nierengarten: ❑ecyclin❑ end prodCbts do not have to come to C§. 11 they do not come to Cs Cthen they have to provide reportin ❑ on where they Cb and what end market they wind Cp at. Council Member Smith: If they were to r Eh into pro ❑ems with recyclin ❑ markets ❑wo Cld we know a Cb It it very ❑Eickly ❑ Peter Nierengarten: [I es ❑eve sho ❑d. Council Member Gutierrez spoke aCbEt how Cteat it woad Cb for the ener❑y plan and waste diversion plan. Elie re Efbsted to know what the main challen Cbs wo Cld Cb and how they wo Cld Cb miti C-ated. Peter Nierengarten: Fine challenEb we have identified is the handlin❑ of the compostaae materials. CChe food waste we collect from a co Cele of p CZlic schools and the ❑ of ❑ that we Cfin ❑ to oCT facility Five do not CTind and those compostaCle materials wind F� not C%eakin❑down very CCCickly in o Ek process. Cth o ET e Cperience workin ❑ with Good ❑oops on all the compost that they collect❑they do Cfind their material. We see this privately haCled compost Chin❑ Cto❑ ht to oa facility as a little Cit sCperior to the stLff we are collectin❑and processin❑on oCT own. MiCin❑the food waste with a yard waste speeds Cp oEr compostin❑process. Council Member Turk: if we had a similar sit Ekion that the C%iversity eCperiencedChow ❑Eickly wo Cld we know there was an iss Cb that o Ct recyclaCles ended Cp in a landfill or there was no market ❑ Peter Nierengarten: Che primary difference in the way we handle oFT recyclaCles and the way the Ehiversity was handlin❑their recyclaCles is they had mi❑ed recyclaCles they were sendin❑to a processor. Gh o CT process ❑we CTin❑ the materials in and are separated into those vario E� streams and shipped directly to the remanCfactETers. We woCld know very CZickly if there were an iss Cb with any of the materials we are sellin❑ Council Member Turk: ❑ week or two at the most❑ Peter Nierengarten: Iles. Mayor Jordan: [lid this Cb thro❑ h the Water ❑ Ower Committee[] Peter Nierengarten: ❑o. Alex Shirley, ❑epresentin ❑ ❑o Cise Mann thanked the Co C%cil for estaClishin❑a pro Cram to collect food waste from restaCfants Chelpin ❑t Eim the resta Ckants non Te Cha Cle to a val E Cle prod Cbt which is compost [handin❑o Cl free compost Cins to homeowners Eand Cbttin❑residents an opportEhity to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin❑MinC3es ❑he1FT-9,A❑ Da Cb L] of 1 ❑ take personal responsi fllity. ❑e read a list of flbstions and concerns from his client ❑o ❑ise Mann. ❑e asked if the City is movin❑into sinfle stream collection. ❑e asked that the contract Cb amended to descri ❑e e E ctly what type of pro Cham the City of ❑ayetteville is committin ❑ too. El stated in the spirt of transparencyChe refZbsted the contract fb amended to state clearly what services the contract is referrin ❑too. ❑e asked that the City pass a recyclin ❑transparency ordinance that allows any citi fbn to o Cserve what is Eein ❑ d C3nped from any tr Cbk collectin ❑ recyclin ❑ or composta fle ❑ Cbth private and p fl Iicly owned. Michael Kraus, ❑ood ❑cops ❑ We are a food fused company located in ❑o Lbrs. We started in 2 ❑l ❑ and most of o 117 foe E�s is in ❑entonville and ❑o Ebrs. We foe F� on commercial clients and helpin❑them with food waste sol (tions. ❑ichard Chis Cbwner of ❑ood ❑ecyclin =❑C floc fs is to take over the thin F-§ we cannot ha fl ❑which is food waste. ❑ e will Cb workin ❑ in a m Ebh fl ❑fir tr❑ck❑❑Elton capacity Dvhich makes E� a little more professional in what we are doin❑ We will not ❑e haflin❑ recyclin❑ ❑is trCbk picks E-0 food waste that will ❑e taken to the City of flyetteville. ❑he only reason recyclin ❑is on the contract is fbcaCse at ❑ood ❑cops we also do Cbro waste sol Bions for events. ❑ e went on to ❑ive an e E mple of recyclin ❑ food waste from an event. ❑e stated we have no plans of doin❑residential3ve will only fb doin❑commercial clients. Assistant City Attorney Blake Pennington: Elwood sFFT-i,.st in para[taph ❑ removin❑ the reference to recyclafle materials and residential. DaralTaph ❑remove the reference to solid waste and recycla (les. ❑ara Ekaph ❑ remove the Ian 7-h Cb a ❑b ❑t vol fines of recyclin ❑ collected in tons and remove para 1-taph ❑ entirely from the contract. ❑hat wo ❑d limit their activities to flit the ha❑in❑of orEanic waste from commercial and ind❑strial activities. Council Member Petty: ❑lakeEare yo❑prepared to make those amendments toniflrt❑ Assistant City Attorney Blake Pennington: ❑wo fld rather redraft the contract and Cbt it ick to yo ❑ ne fl time. Council Member Bunch: We have some plates Jorks EEtensils that can Cb composted Elio those co 1ht as food waste or recycla Iles ❑ Peter Nierengarten: We wood incl❑de that in the orEanics. Council Member Bunch: ❑s this proC:tam continE�s and we Ekow❑what we are acceptinfEve co ❑d always modify the contract ❑ Peter Nierengarten: ❑CTe. Council Member Smith: ® the applicant okay with takin❑away the aflhoriation for recyclin haflin❑or is that (bin❑to fb a fl❑impact to yoI:k planned operations El Richard Ims ❑ ❑es ❑thatS fine. ❑ood waste was the ori final intention. ❑ood waste is recycla Ile ❑ f11k material too. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin11Min13es ❑Che 1 CT -9, A ❑ ❑a Cb ❑ of 1 ❑ Council Member Smith: ❑imitin❑it to [Olt orCinics won® hinder yo Ek aCility to service events and deal with their other waste ❑ Richard Ims❑ Iles. Council Member Petty moved to table the resolution. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. This resolution was tabled to the July 2, 2019 City Council meeting. Amend Chapter 33 Departments, Boards, Commissions, and Authorities: ❑n ordinance to []mend Chapter m Departments, Boards, Commissions, and Authorities of the ❑ayetteville City Code to e Lpand opportChities for Chyetteville residents to serve on city Cbards L�ommissions and committees. Assistant City Attorney Blake Pennington read the ordinance. Council Member Smith 1 -ave a FTief description of the ordinance. Council Member Scroggin: ❑re there aEb reEFirements for applyinm Council Member Smith: ❑here ® a lot of thin i�s we do that co Fld involve o FT more mat FTe yo Eh Cir residents in the conversation. Council Member Gutierrez thanked everyone who had worked on the ordinance. ® will e Cpand oEf pool of applicants. Hi on the ❑ominatin❑Committee and ❑wo❑d love to seethe pool Ltow and this is Cbin❑to Live people an opportE ity to take on leadership roles and see the diversity of the applicants FA7ow. Council Member Smith: If []heard correctly❑on the ❑ominatin❑Committee ❑eport❑yo❑had several Ehfilled vacancies even after makin❑appointments ❑ Council Member Bunch: ❑es. Council Member Smith: MayEb this will Live E� the opportEhity to [bt in more applicants. Council Member Kinion: When we look at this❑it offers a lot of opportEhity to people that otherwise are cFt olt of the process. We have the inteFTity of the ❑ominatin❑Committee to Ce sLTe these appointments will fill critical roles and [Tin ❑critical skills that otherwise we miFht not have in the pool of applicants. F�s Cpport this. Mireya Reith, 1 ❑l ❑ ❑ F%ters ❑id❑e❑FbEhdin❑ ❑FbcFiive ❑irector of ❑rkansas ❑nited stated she is here to offer s Epport of the resol Ction. Elie con [Tat Elated and thanked the City of ❑ayetteville for their leadership. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhcil Meetin❑MinC3es LLhe 1FF9.A❑ Da Lb Ll of 1 ❑ Andres Herrera, C:2 Oast M ❑❑ ❑lvd. stated he was there to offer s Cpport for the meas ❑-e. ❑ e stated yo ❑ don It have to Cb a citi Fin to love this city. ❑ e hopes citi Cbnship doesn It Cecome a Currier to ❑e aae to ave ❑ack. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington: ❑here may Cb some concern that we co ad Cb intr❑lin❑on the ❑rkansas C}anctEltry City statCte. ❑11 weNe said is ❑ayetteville residents can apply. One of the definitions of the C}anctCltry City policy says❑one that grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law. While Eldon It think this does that Ethis statEte Gants to any resident of the ❑tate of ❑rkansas the ri Cht to ask the ❑ttorney ❑eneral whether she Cblieves o Et policy is in violation of the statCte. 11 she Cblieves it® in violation of the stat Ete❑she has the power to withhold all oLA7 discretionary faidin ❑from the ❑tate of ❑rkansas. We co ad appeal that opinion and C9 to ❑aaski Co Ehty Circ at CoEkt. Ebertainly feel more confident in oET aality to defend it at that pointC>T-t Edon ®know how lon❑that woad withhold Ehdin❑from the City. Mayor Jordan: ❑o we have any estimates on what the fEhdin❑coad Cb❑ Paul Becker, Chief ❑financial Officer❑ It woad depend on how Eloadly they interpreted. We are lookin❑at motor fCel to❑and sales ta❑tErn Flick from the ❑tate. We co ad Cb talkin❑ Cp to CD million. Council Member Smith: ❑woad aLkee to hold this two more weeks CbcaE�e this is a a❑chanCb. We didn® hear any opposin❑views toniCht. Ciwoad like to leave the floor open in case someone wants to talk to Ci; a Cb Et it. Council Member Marsh: ❑his isn ® a ❑b Ct aidoc anented immi Gants Cthis opens it ❑P for yo Cth to serve. ❑hey are o It citi Cons of the f Ct Ere. ❑have enco Chtered some Cii Flit hi Ch schoolers lately that ❑woad welcome their perspectives on o ❑k ❑bards and committees. ❑his is aCb Ct le Coil residence ❑ teen card holdersEland visitin❑ professors that woad Cb tremendo C§ assets. ❑his is a Cb Ct st ❑dents that mi Cht not Ce re astered in ❑ rkansas ❑❑ t re astered at their parents ❑ho Cl;e in ❑e Cas CLZt they want to participate in their comm Chity here where they Cb to the Chiversity. Council Member Scroggin: Elam for this. Elm still worried aCbCt the aCb thin[] ® there any chance that if a recommendation comes from a committee and there is some❑bdy that® not of the le Cly l stat E9 of ❑bin ❑ ei Chteen that it co ad Cb challen Cbd ❑ Assistant City Attorney Blake Pennington: ❑s far as aCb❑ Council Member Scroggin: ❑i ❑ltE�Ome decision that City Co Chcil co ad make that is challen Ced Cased on recommendation of someone that is not ei aiteen or older. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin11Min13es ❑Che 1 CT -9, A ❑ Ll Lb L] of 1 ❑ Assistant City Attorney Blake Pennington: Eldon® Cblieve there are any. Elven the state a Clhori [fid [bards and commissions don It have an a ❑e re [gement. ❑he si ❑ we have e Ibmpted here have citi Cknship or yo ❑m Cit Cb a 0T -h lified elector. Council Member Scroggin: ❑onCt they have votin❑reCTlrements❑ Which woad Cb an aEb re ❑-irement ❑ Assistant City Attorney Blake Pennington: ❑esClhe ones that are eEblWed❑ Council Member Scroggin: ❑o. Assistant City Attorney Blake Pennington: ::he ones we listed❑ ❑oLthose do not have specific a Ek re CIlrements. Chief of Staff Don Marr: ❑he City CoEhcil C;e to have a ❑oah ❑dvisory Committee and over half of the committee were yo [lh mem Ctrs Glow the a Cb of ei Ehteen. ❑ow do yo ❑ Cit advice as policy makers from yo ❑th witho I havin ❑ yo Cth involved ❑ ❑here haven It [ben any challen ❑es leE lly to that [bcaEke these are advisory committeesClhe people makin❑the decisions on policy are meetin ❑the re CIlrements that yo El have to meet when yo ❑ re Oster to r Eli for office. Mayor Jordan: ❑was on that committee. It was a ❑bod committee and we ❑bt a lot of inp Cl from st ❑dents. Council Member Turk: ❑his is a wonderf[l ordinance. ❑hope it doesn[t evoke the ❑anctl1 ry ❑ill that was passed this past le lislative session. We had a terrific applicant for one of o Ek committees who hit her 1 CP ❑irthday and was deliChted to aIle to apply to Cb on a committee. EHn confident she wo Cld have applied at fifteen or si ❑teen. ❑here are yo ❑th that want to Eet involved and represent o CT City and participate in o Ct process ❑even C -fore they are a Ile to vote. ❑hank yo =yle and others ❑for Erin Cin ❑this to o Ek attention. Council Member Petty: ❑wo Cld like to call Mireya ❑eith Cock. ❑think she is one of the few e Certs in the Rate and certainly in the re ❑ion on this iss Cb. ❑wo Cld [b c Clio Es if she has a comment that is relevant to this disc ❑ssion. Mireya Reith: My non Fprofit lead all the testimony re Cardin ❑ E11111 1. We have s Cie Cantly Coen meetin❑with the ❑overnorN officel- s recently as last week. What we can share is there is a memo from the ❑overnor® office re Cardin ❑ ❑❑ Ell in which he o Ctlines that he C� specifically talkin❑a❑bEt law enforcement Ethat was the intention of the [ill. ❑ecaE�e of the nat[fe of how the Clll de Gated at the end of the session Cthere was no time for amendments and there was an Ek ancy to try and ❑et this passed. ❑he ❑overnor has also rested on [bhalf of the sponsors❑and the sponsors have committed as he hasp Etin writin CIto ad 71t the [ill. Elven within law enforcement and interactions [btween law enforcement and the immi[fant comm[%ityClhe ❑overnor confirms o ET concerns aro Ehd racial profilin ❑in the immi Gant comm Ehity and the lack of d Cb process that S listed in there. We are in active conversations with the ❑ttorney ❑eneral S office as well as ❑Eat in Cbneralli les prom[lation process. Elie ❑overnorN office has affirmed for Es there will Cb no r[les prom El ated and at this time. Ellie ❑ttorney ❑eneralS office has not created complaint 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin❑MinItes ❑Che 1 CT -9 A ❑ Ll Lb Ll of 1 ❑ process aro Ehd this nor anticipates takin ❑ any swift action. ®® anticipated the ne Et opport1hity of the ❑e Eislat Eke they want to see amendments to ❑❑ Ell Ebfore any enactment is taken or actions are taken on Cbhalf of the state. Council Member Petty: Din hopefCl that with information provided ❑Y Ms. ❑eithEthe ❑overnorEg Office❑ ❑ttorney ❑eneral® office and with respect to any docEmentation that Cbes to the De tislative attempt that some kind of codifiers note or memo mi Eht Cb presented at the ne ❑t City Co C%cil meetin Fr-ko this ordinance does not have to Fb s CT-ktantially amended. Council Member Smith: ❑woad like to see the letter from the ❑overnorEds well as any written doc Cinentation from the meetin ❑ with them that mi Eht s Epport that statement. Once the ❑ominatin❑Committee FTinE� forward their selection❑,ve still Fbt to vote on every applicant. We normally do that as a packaCb deal. ❑here certainly have Eben times where one applicant has Eben pClled off for additional discC�,sion. ❑here will Fb plenty of opportEhities whether itS aCb or some other reason if we don It a[Tee with ❑ominatin❑ Committees decision with the applicants they received. Council Member Scroggin: Din not concerned a❑bIt yoEhE people makin❑ decisions. Elm worried a Cb Et ❑bin ❑ thro ❑ h a process and have it taken away for an iss Cb. ❑a Fool Etely want people at an earlier a Cb to Ee involved. Mayor Jordan: ❑he reason we FTo ❑ ht the Welcomin❑ Elan is to Fbt more diversity on o FT committees. ❑was pro Ed this Co Qicil passed this Df a Ehanimo D, vote. ❑here have Chen people on an avera1b spend seventeen years in a refE: be campCTTF�t to Eet into the system to Cbt into this co Entry. When we [To ❑fit the Welcomin ❑ Elan Cb Lk intent was to Five people a little Cit of hope when they don® even think they had a prayer. Bob Stafford, ' 2 ❑ Eherman stated he s Cpported the ordinance. This item was left on the Second Reading. Fayetteville Police Department Policies: ❑ resolEtion to approve ❑ayetteville Fblice Department Fblicies 1. ❑ 1 Ilse of Fbrce ❑ 12.1.1 ❑r E rani Ciitional Etr Fbt Cte ❑ ❑Ehctions and ❑ irection ❑2 ❑ 1.1 Disciplinary Matters and ❑wards 11rocedFkesEhnd 111.1.1 ❑atrol. Mike Reynolds, Dep Cty Chief of ❑Mice Chive a FTief description of the resol ❑tion. Council Member Kinion moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 147-19 as recorded in the office of the City Clerk VAC 19-6664 (485 North Vinson Ave/Gocio): ❑n ordinance to approve ❑ ❑C 1 for property located at CIL! ❑orth ❑inson ❑venCb to vacate a portion of a Cbneral Etility easement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Codicil Meetin❑MinLtes ❑Che 1112 ❑1 ❑ ❑a Eb 1 ❑ of 1 ❑ Assistant City Attorney Blake Pennington read the ordinance. Garner Stoll, Development ❑ervices Director Cave a Etief description of the ordinance. ❑e stated Fannin❑Commission and staff recommend approval. Jose Reyes, Dates and ❑ssociates❑ =m here to answer any CLestions. Lilo not have anythin❑to add. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6197 as Recorded in the office of the City Clerk VAC 19-6667 (417 W. MLK Blvd./Farmers' Cooperative): On ordinance to approve ❑ ❑C 1 ❑_� ❑L Lifor property located ❑1 []West Martin ❑cher []in[] ❑Ir D!oiAevard to vacate portions of Cbneral Ltility easements and ri Ehts C6f[way. Assistant City Attorney Blake Pennington read the ordinance. Garner Stoll, Development ❑ervices Director Eve a C%ief description of the ordinance. ❑e stated recommendation from LlanninDCommission and staff is for approval. Lawrence Finn, ❑peciali Eed Ileal ❑state Lro Ep ❑ ❑m here to answer any ❑ bstions yo ❑may have with the vacation. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin❑MinEtes ❑he1FT-9A❑ ❑aLb 11 of 1 ❑ Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6198 as Recorded in the office of the City Clerk VAC 19-6671 (3956 N. Steele Blvd./Malco Retail Lot): ❑n ordinance to approve ❑ ❑C 1 CTfl-T-1 for property located at ❑ orth ❑teele ❑o Flevard to vacate portions of a General F-tility easement and drainaEb easement. Assistant City Attorney Blake Pennington read the ordinance. Garner Stoll, Development ❑ervices Director Dive a Ehef description of the ordinance. ❑e stated Nannin❑Commission and staff recommend approval. Rick McGraw, ❑arrison Drench and ❑ ssociates Clhc. ❑ F[Tn here to answer any ETbstions yo ❑mi Fht have. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6199 as Recorded in the office of the City Clerk Cultural Arts Corridor Project: ❑ resol ❑tion to e Gress the intention of the City Co Ehcil to work Fbintly and cooperatively with ❑Fperience ❑ayetteville to develop a scope of work and contract for the pro Clammin CLtnarketin ❑]operations Land maintenance of the C Flt Fkal ❑rts Corridor p l-- lic spaces. Peter Nierengarten, ❑nvironmental Director Five a FTief description of the resolFlion. Molly Rawn, ❑F-perience ❑ayetteville stated the proFiamin❑needs to address how the pMic will access and interact with the different parts of the corridor❑what infrastratEke and facilities need to Fb pFt in place now so people can en [by it the way promised and set the eEpectation they will Cb a Fle too. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin❑MinC3es ❑he1FT-9A❑ EaLb 12 of 1❑ Council Member Smith asked a Co Et the plan to accommodate artists in the space and a note a❑o Et festival orniFbrs for the space. 11 wanted to know how they were Coin❑to incl Ede the artists in the conversation a Cb ❑t the way their art Cots Died. Molly Rawn ❑ ❑y holdin ❑ specific stakeholder sessions and that ® how we need to start. Jicl Cdin ❑ artists from the onset is critical. Council Member Turk 1111 ave there Chen disc C�sions aCb Ft sec Cfity for the lar Cb events ❑ ® that part of the disc E�sion❑ Molly Rawn❑ Des. ❑his is somethin❑we already think aCbCt when we do lar Cb scale commEhity events. Chere will Cb Cfeat data that comes o II of festival disc Fusions a Cb It sec City we can share. Council Member Turk[] FHn wonderin❑ aCbFt the secCTity of the space after hoETs. N that incl Cded within a desi In disc E�sion ❑ Molly Rawn ❑ ❑think it ® a CIol Ctely incl Cded in an operations and maintenance plan. ❑o ❑ are reiteratin El the very reason why we need to develop this plan. Peter Nierengarten stated sec City has Fben top of o Ct minds Cbyond Fat the times when the space is pro Gummed. ❑ e spoke a Cb Et li Chtin ❑ and cameras. Mike Reynolds ❑❑epCty Chief of ❑Alice❑ We have Chen workin❑with ❑eter and his crew. We have several officers that are certified in Crime ❑revention ❑hroClh Cnvironmental ❑esiEh. ❑hat® what we have aen workin ❑ on to desi Cb a facility with li Clitin ❑ and landscapin ❑to try to make it less attractive for crime. Council Member Marsh: :low do yo❑intend to dive deeper than we did in the initial citiCbn enCIi Ebment process and make connections in the creative commEhity so that oEk local artists are Fbnefittin ED Molly Rawn: Elie comm Chity en Ea Foment sessions the city has already had were e Cbellent. Chere is a need to host another ro Chid more specifically tailored to pro CTammin ❑ Don Marr, Chief of ❑taff❑ Elie reason yo ❑ have this resol Ction in front of yo ❑ today is Cbca❑se we do not e Cist the e Cpertise on the city staff to develop the pro FYammin ❑entity that will Fb needed to have this Cb the vision that everyone has in their heads. We want to make s CTe we don® fail the vison that people have for this corridor. Council Member Marsh 11 E[Tn lookin❑for a commitment for a deeper en Ell Foment with the local artist commEhity. Lhat [min❑the independent artists and creatives. ❑hey still have concerns that they will not have a place in the s Fbcess of this pro Cbct. Molly Rawn ❑ We need o FT stakeholders to feel they are cele CTatin ❑ this and they are en C -a Fbd in that deeper level. ❑hat is the commitment Chan make to yo ❑ and ask for yo Ck help and lean on yo ❑ in doin❑that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin❑MinC3es LLhe 1FF9.A❑ ❑aCb1❑of l❑ Council Member Gutierrez❑ ❑he Creative ❑conomy ❑ction CTo4 has =memCbrs. ENe Chen askin ❑ them to revive a re Char meetin ❑ time. We can [till C -e that platform virt Fully to ask the artists FT-i-stions. ❑here are many artist Cko Cps we can activate via social media. Angela Belford ❑ Where are we p Ettin ❑ ho C1,in ❑ in the C tit Ckal ❑ rts Corridor ❑ ❑can ass [Te yo ❑ that to ❑ether we can fi CIfe this o Cl. Eric Leisure, 1 FID ❑adisson ❑rive ❑ Fire there any plans to incl Ede p CI1ic transportation in the corridor ❑ Peter Nierengarten ❑ ❑he location of the corridor is at the ne C]:� of several of o Ek transportation options that cFirently elist. ❑he 11reenway71a[brF-ack ❑ransitmC-hrk ❑etional ❑ransit roEtes. ❑y its natCTe where it is located it® very inclC�sive of transportation alternatives and options. Don Marr stated the recent ro Cte reor Chni CAtion of ❑ [Ark ❑e lional ❑ransit specifically had stops related to this area. ❑e stated it ® the Eb linnin ❑ro Fte for o Ff Colle rb Elven Ce locations Cbth north and so ❑th Ch Ehd. Council Member Smith[] ❑think ❑on laid oLt a clear case for the ❑ ❑ ❑ Chin❑ the richt or F�dni Cation to take on this sta E� of the pro Cdct. E[Tn confident Molly has heard o FT concerns a Eb Et artist en CaCbment and now considerin❑transportation and how oET fCtCTe transportation network shoCld Eb carefClly considered as we Ch into the parkin ❑deck component of this pro@ct. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. Resolution 148-19 as recorded in the office of the City Clerk Announcements: Don Marr: Based on the Co Cbcil Is Water❑❑ewer ❑ Fblid Waste Committee and yo FT interest in the ❑ ❑trient ❑radin ❑ ❑esearch and ❑ dvisory ❑ro ❑p ❑they have a meetin ❑ re Casted ❑y the City that asked to consider a Camay pa Fse in the Ffo Cps act on the ❑e Elution m and reconsideration of the re mations to Ce done for the concerns related to ❑eaver Water ❑istrict as a water provider and the Co Ehcil ® concerns. ❑ meetin ❑ is set for ❑riday ❑Che 21112 ❑1 ❑ at 11 FM ❑M at the Cprin❑dale Water ❑tilities Commission room. ❑C�nda items are to approve their last min Ctes❑ consider the City of Eiyetteville ® re Fl-bst for a Cray pa Fie of that re Enation ❑and to set and confirm a day and time for meetin ❑ with this [To Cp to hear comments as it relates to the revision of ❑e CIlation m ❑his meetin []is not takin ❑p E is comment on those topics. ❑here will Fb a p ❑tic meetin ❑ for the p Chic to wei Ch in and provide their comments and o CT Co 1hcil mem Ctrs. Coon fireworks can Eb sold and Coed within the City of ❑ayetteville. ❑here are also private events that Fbt permitted within the city. We have 11 permitted so far. Cermittin❑firework stands FbEins ❑Che 2 = ❑1 ❑ ❑ Ek we Cite has the dates ❑times Chnd types of fireworks that are allowed. ❑Cly 1 st 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City CoEhci1 Meetin❑MinC3es LLhe 1FT-9,A❑ ❑aCb1❑of l❑ thro Elh ETd from 1 ESE El to 1® ❑M and Elly Eth from 1 ESE ❑M to 11= ❑M. We have some siChificant street closinF�. ❑encoEta Cb citiCbns to check the news online. ❑a fayette Etreet will Eb closed Cbtween ❑Cite 2 Clh and ❑lie 2 ❑th from CFTM ❑M to CFTM ❑M. It is a Cly street for o 117 Ward 2 constit Ebnts and people who work in the downtown area. ❑ewis Elven Eb is closed today and tomorrow from C11M ❑M to CLL CM for draina[b improvements. ❑'his is a Cbod time to adopt a pet. ❑he adoption fees are waved for docs from ❑lie 1 Cth❑❑lie 22nd. Check o Et o ET shelter and Ekeat animals avails Ele for adoption. Chief ❑ayrinCbr is set to retire. Elis last day is EIhe 21 E2 Ell ❑ ❑e has Eben fantastic. We are so 1Ebky we Cot him from El Elsa. We wish him 1Cbk in his retirement. Fire Chief David Dayringer: ❑want to thank yo❑all for the opportEhity. Were really enCbyed it here. We fo Ebd a permanent home here. ❑ookin ❑ forward to en Cbyin ❑ retirement and spendin ❑ time with the Cfandkids. My new identity will Cb ❑rEmpy. We are ❑rammy and ❑rEinpy to the [Tandkids. ❑hank yo❑all. EIDe really loved workin❑here with every❑bdy. Mayor Jordan: ❑en years aEb❑Chief ❑ayrinCbr was the last applicant on my list. Within five min Cies after the interview ❑❑knew he wo Cld Cb o Cf ne Et Chief of the City of ❑ayetteville. ❑had three Coals. Elwant yo❑to take this department to the neEt level. Evvant the Ebst trained. ❑want E]; to Eb ❑ationally and State recoEhiCbd. ❑want yo❑to develop leadership ❑ecaCse the mark of a trCb leader is to develop other leaders. El HE always Cb a sCbcessfEl leader if yo❑do that. El answered all three of those ETbstions. Ch his time as the Are Chief we have Cbcome pro Cb Ely the Cbst trained department in the Elate with a trainin ❑ facility. We have an CID❑ ratin ❑ of Ell. ❑hat is very hard to attain. El developed oCf ElmerCbncy ❑ction Elan. El wasn® here when the ice storm hit FM was instrCtnental in the ice storm clean Ep. El has helped me Ebt throClh the preparation for the ❑ond ❑ro Cham and the places where we needed to CLild fire stations. We have avera Cbd EEyin ❑ a fire tr❑ck a year for the last several years. ❑hat has all Eben Ehder his leadership in this city. ❑will Cb eternally CTatefCl. ❑e is one of the hFlnClest people ❑have ever met. ❑e is a tr❑e eE mple of a servant leader. ❑Bank yo ❑ for yo Lk service to this city. Fire Chief David Dayringer: ❑hank yo EEMayor. Don Marr: El Ek interim Eire Chief will Eb Chief ❑rad ❑ardin. ❑o❑ are in Cbod hands. Chief ❑ayrin Cbr has led the char Cb stellarly ❑which allows E� to feel very comforta Cle to have Orad leadin ❑ o ET ❑ire ❑ epartment while we make that ne El selection. ❑hank yo ELChief. ❑e spoke aEbI the ❑Eley irk Concert series dates and times. Mayor Jordan: ❑will Eb Cbin❑on vacation tomorrow for ten days. CoEhcil MemEbr Marsh will Cb rChnin❑the ❑ Cbnda Ebssion ne Et week. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Codicil Meetin❑MinLtes ❑Che 1112 ❑1 ❑ ❑a Eb 1 ❑ of 10 City Council Agenda Session Presentations: - enda ❑ession ❑resentation D❑! Flit Committee ❑resentation of the 2:11 ❑ (Financial ❑ Ddit. ❑C�nda ❑ession F--resentation❑DE�tainaCility ❑ Waste Diversion ❑pdate. City Council Tour: Monday, June 17, 2019 4:00 PM Tree Preservation Easement 6:00 PM Community Creative Center Tour Adjournment: 7:27 p.m. Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov Co1hcil Mem1br ❑onia ❑Ciierre❑ Ward 1 ❑osition 1 CoEhcil Mem[br ❑arah Marsh Ward 1 Lbsition 2 CoEhcil MemCer Mark ❑inion Ward 2 Lbsition 1 CoLhcil Mem1 Or Matthew ❑etty Ward 2 osition 2 Mayor ❑ioneld Ebrdan City ❑ttorney ❑it Williams City Clerk I❑ondra ❑. ❑with City of Fayetteville Arkansas City Council Meeting July 2, 2019 City CoEhcil Meetin❑MinC3es ❑(7y 2 L211 ❑ L Lb 1 of 2 ❑ CoLhcil Memar Doan ❑crown Ward ❑ ❑osition 1 CoEhcil MemCer ❑arah ❑Ehch Ward ❑ ❑osition 2 Colhcil Memar ❑eresa ❑Ctk Ward ❑ ❑osition 1 CoEhcil MemEbr ❑yle ❑ -iith Ward ❑ ❑osition 2 A meeting of the Fayetteville City Council was held on July 2, 2019 at 5:30 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: Council Members Sonia Gutierrez, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Absent: Council Member Sarah Marsh. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: ❑one City Council Meeting Presentations, Reports, and Discussion Items: Peter Nierengarten, Environmental ❑irector stated Mayor Cbrdan re fisted for him to attend the ❑. [l Conference of Mayors meetin❑ and the Climate Mayors ❑Umnit as his representative. [le stated he accepted the Climate [leadership ❑ward on Fbhalf of Mayor Fbrdan. ❑e spoke aCbEt the award cate Cbries. ❑e stated the pro ldct that won the Climate [leadership ❑ward was for the Wastewater ❑reatment Clant Fblar ❑ro Wt. ❑ e spoke Efiefly a Fb Et the pro Wt. ❑ e thanked ❑ Ehrks Electric CooperativeFDodays Fbwer [he.FIAcoE� [In Eineerin=rkansas ❑ervice Commission land the ❑orthwest ❑rkansas Eland ❑rF-§t as probct partners Calon❑with the ❑. ❑ Conference of Mayors and Wal Mart who was the sponsor for the presti lio E� award. ❑ e thanked City Co Ehcil Mem Fbrs. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City CoEhci1 Meetin❑MinUes My 2 0211 ❑ ❑aL�2of2❑ ❑e thanked Elim ❑yander❑❑Can ❑orton❑❑lake ❑enninEton❑and ❑on Marr from the City of Cayetteville. Mayor Jordan thanked the El. El Conference of Mayors ❑Wal[Mart FIE] Cirks Electric Cooperative El ❑odays Cower [hc.❑❑eter ❑ierenCarten❑City ❑ttorneyS ❑ffice❑ind everyone that worked on the pro Cbct. ❑ e thanked the City Co C%cil Mem Chrs for thinkin ❑ forward and pro Cfessive. ❑ e stated it is important for the fEt Eke. El stated he has the finest staff and City CoEhcil that any Mayor cold have in the ❑nited ❑tates. Agenda Additions: Jack Tyler Engineering, Inc. Submersible Pump: On ordinance to waive competitive Ciddin❑ and accept a EEbte in the amo Ent of ❑ M EE ED pl Ca applica Cle to Cos and frei [lit char Chs from Crick Eyler On Cineerin CLChc. for the repair of a s CI mersi Ile p C3np for the Carmin Cion Aft ❑cation. Council Member Smith moved to add Jack Tyler Engineering, Inc. Submersible Pump to the agenda. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mark Rogers, Water ❑ C7ewers Operation ManaCbr Cave a Cfief description of the ordinance. Don Marr, Chief of ❑taff thanked Co Ehcil MemCbr ❑inion who serves as the Chair of the Water[] Ckwer ❑ Cblid Waste Committee. ❑e stated they reviewed with him aEbEt walkin❑the item on to Cit thin C1 Chin ❑ and not cost the city more money. F1 spoke a Ch Et the contract Cal o C1i Cations the city m Cit meet. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City CoEhci1 Meetin❑MinUes ❑(7y 2 C2 A ❑ L Lb EJ of 2❑ Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Ordinance 6200 as Recorded in the office of the City Clerk Amend §31.45(C) Duties of the Fayetteville City Code: ❑n ordinance to amend M1. 71r. ❑ Duties of the Fayetteville City Code to affirm that the City ❑rosec Ctor has the traditional inherent power to e Cbrcise discretion to dismiss most misdemeanor criminal cases. Council Member Scroggin moved to add Amend §31.45(C) Duties of the Fayetteville City Code to the agenda. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion Cave a Grief description of the ordinance. City Attorney Kit Williams stated he appreciated CoLhcll MemCbr ❑inion for EhnEin❑the item forward. ❑e stated they can it rhilaterally dismiss any type of caseClbcaE�e there is a law that says they m❑st enforce. ❑e stated they coCld enco[TaLb the City ❑rosec❑lor to ❑fie his traditional discretionary power to look at vario Cs cases Cls Cch as a small amo 1ht of mari [EIana for ad [Its in private and not for delivery to anyCbdy else. El stated the City ❑rosec❑tor woCld look at many thin [-� ds Cbh as criminal history and anythin ❑ that wo Cld indicate to him that a case sho Cld C� dismissed or not. ❑ e stated after lookin ❑ at code At said that yo ❑ are s ❑pposed to prosec Cte all cases. ❑e thinks that was an overstatement of what City Co❑hcil wanted. ❑e stated he wanted to present this to them and see if Co Dicil wo Cld C� willin ❑to state on the record they reco Citi Cb the City ❑rosecClor® inherit aEthority to dismiss cases where appropriate [especially if it® in relation to the ordinance that was passed ❑y the Citi Cons to make prosec Clion of low level misdemeanor mariT na cases the lowest prosec Clion priority. ❑e Cblieves this is the most they co ad do to try to f❑fill what the citi ❑bns asked them to do when they passed that ordinance. ❑e stated prosec Dion of these cases have Chen low priority for decades❑even Cbfore the ordinance was passedFm this co Cld help to make it an even lower priority. Council Member Petty: When does an event Cbcome a case❑ City Attorney Kit Williams: ❑he City ❑cosec ❑tor E]§ Cally receives low level misdemeanor mari EE- na possession case as a citation. ❑everal years a❑b❑police Cbt the riEht to Ce aae to write citations from o Ek local M Ehicipal ❑ d Cb Gather than arrest someone. ❑ citation is like a speedin ❑ ticket which Cb Clns the case and then it Cbes on from there. ❑he City ❑cosec Clor has never asked for Calil time and fines are lower FM this will enco Eta Ci✓ the City ❑cosec Ctor to Cb a Cle to dismiss the case. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, July 9, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2018-0677 MONTHLY FINANCIAL REPORT - PAUL BECKER Agenda Additions A. Consent: A. 1 2019-0012 APPROVAL OF THE JUNE 18, 2019 AND JULY 2, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0339 2019 COMMUNITY DEVELOPMENT BLOCK GRANT: July 9, 2019 A RESOLUTION TO APPROVE THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2019 IN THE AMOUNT OF $702,439.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 7/3/2019 City Council Agenda Session Agenda Session Tentative Agenda A. 3 A. 4 A. 5 2019-0402 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME: July 9, 2019 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $2,047.00 REPRESENTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED FROM A LIEN PAYOFF AND DONATIONS FROM CITIZENS AND LOCAL BUSINESSES 2019-0391 RFP 19-29 AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS: A RESOLUTION TO AWARD RFP 19-29 AND AUTHORIZE A CONTRACT FOR THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS IN THE AMOUNT OF $12.10 PLUS APPLICABLE TAXES PER UNIFORM FOR THE FALL 2019 AND SPRING 2020 SEASONS WITH AN OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE-YEAR TERMS 2019-0403 CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,575,959.00 FOR ADDITIONAL TRADE PACKAGES ASSOCIATED WITH THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN FOR 14.5% TO BE HELD BY THE FAYETTEVILLE PUBLIC LIBRARY City of Fayetteville, Arkansas Page 3 Printed on 7/3/2019