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HomeMy WebLinkAbout2019-08-20 - 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 August 20, 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 August 20, 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.fayetteviIle-ar.gov A. Consent 1. Approval of the August 6, 2019 City Council Meeting Minutes. APPROVED 2. Amend Resolution 149-19: A resolution to amend Resolution 149-19 to correct the vendor from Steve Landers of Siloam Springs to Superior Chevrolet of Siloam Springs for the purchase of a Dodge Ram 1500 Quad Cab 4x4 truck. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-19 3. YRCC Kids Nite Afterschool Program: A resolution to approve a budget adjustment in the amount of $5,808.00 recognizing funds from the Community Development Block Grant projects for the YRCC Kids Nite Afterschool Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-19 4. Fayetteville School District Renewed Agreement Holcomb Elementary School Gym: A resolution to approve the Renewed Agreement with Fayetteville School District to manage, maintain and operate the Holcomb Elementary School Gym for ten years with the option to extend the agreement for an additional ten years PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 185-19 5. Fayetteville School District Renewed Agreement Vandergriff Elementary School Gym: A resolution to approve the Renewed Agreement with Fayetteville School District to manage, maintain and operate the Vandergriff Elementary School Gym for ten years with the option to extend the agreement for an additional ten years. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-19 6. Elizabeth Richardson Center Lease Agreement: A resolution to approve a lease agreement with the Elizabeth Richardson Center for property located at 2190 South Razorback Road pursuant to the Community Development Block Grant Public Facility Lease Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 187-19 7. City of West Fork Conveyance of Utility Easements: A resolution to authorize the conveyance of utility easements to the City of West Fork for the installation of sewer lines required for the treatment of West Fork sewerage at the Noland Wastewater Treatment Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-19 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov B. Unfinished Business: 1. 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. At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. THIS ITEM WAS TABLED TO SEPTEMBER 17, 2019 CITY COUNCIL MEETING C. New Business: I. RZN 19-6716 (East of 3638 N. Front St./Trails at Mud Creek): An ordinance to rezone that property described in rezoning petition RZN 19-6716 for approximately 10.43 acres located East of 3638 North Front Street from C-2, Thoroughfare Commercial and I-1, Heavy Commercial & Light Industrial to CS, Community Services. THIS ITEM WAS LEFT ON THE FIRST READING 2. RZN 19-6732 (SW of E. Rock St. and Mill Ave./Southern Brothers Construction): An ordinance to rezone that property described in rezoning petition RZN 19-6732 for approximately .31 acres located southwest of East Rock Street and South Mill Avenue from RMF -24, Residential Multi Family, 24 units per acre to RI -U, Residential Intermediate -Urban. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6216 3. RZN 19-6737 (4195 & 4245 W. Martin Luther King Blvd./Hancock): An ordinance to rezone that property described in rezoning petition RZN 19-6737 for approximately 1.81 acres located at 4195 and 4245 West Martin Luther King Boulevard from R -O, Residential Office to UT, Urban Thoroughfare. THIS ITEM WAS LEFT ON THE FIRST READING 4. RZN 19-6744 (SE of 15th St. & Razorback Rd./Johnson-Looney): An ordinance to rezone that property described in rezoning petition RZN 19-6744 for approximately 2.28 acres located southeast of 15th Street and Razorback Road from UT, Urban Thoroughfare and NS -L, Neighborhood Services -Limited to UT, Urban Thoroughfare, RMF -24, Residential Multi Family, 24 units per acre and NS -G, Neighborhood Services -General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6217 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov 5. Western Oilfields Supply Company D/B/A Rain for Rent: An ordinance to waive competitive bidding and accept a quote in the amount of $21,286.85 plus applicable taxes and freight charges from Western Oilfields Supply Company d/b/a Rain for Rent for the rental of an emergency bypass pump for the Farmington Lift Station. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6218 6. Hutchens Construction: An ordinance to waive the requirements of formal competitive bidding and approve bid from Hutchens Construction for replacement of the Fire Marshall Parking Lot located at 4140 South School Avenue in the amount of $21,922.50, and to approve a project contingency in the amount of $5,000.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6219 7. Entertainment District Boundaries: An ordinance to establish boundaries for an Entertainment District in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places. THIS ITEM WAS LEFT ON THE FIRST READING 8. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone Ila Street: An ordinance to amend §72.18, Residential Parking Permit Program for The Entertainment District Parking Zone of the Fayetteville City Code to expand residential -only parking in the north zone of the Entertainment District Parking Zone. THIS ITEM WAS LEFT ON THE FIRST READING 9. Amend §110.03 Small Cell Facilities and Networks: An ordinance to amend §110.03 Small Cell Facilities and Networks, and to declare an emergency. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6220 Announcements City Council Agenda Session Presentations: Agenda Session Presentation: Development Services Continuous Process Improvement Initiative Update Agenda Session Presentation: Partners for Better Housing — Willow Bend City Council Tour: Monday, August 19, 2019 4:30 PM Adjournment: 9:53 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting: August 20, 2019 Adjourn: Subject: Roll J LULL- Turk Smith Gutierrez Seconded: Marsh�/- Turk Kinion Smith Petty Gutierrez Scroggin Marsh Bunch Kinion Mayor Jordan Petty Subject: Motion To: Motion By: Seconded: Turk Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Mayor Jordan City Council Meeting: August 20, 2019 Subject: Consent Motion To: Motion By: Seconded: A. 1- A. 7 3 r Turk Smith Gutierrez Marsh Kinion Petty Scroggin Scroggin Bunch t/ Mayor Jordan Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, August 13, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 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 City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions A. Consent: 2019-0014 APPROVAL OF THE AUGUST 6, 2019 CITY COUNCIL MEETING MINUTES A 2 2019-0467 AMEND RESOLUTION 149-19: August 13, 2019 A RESOLUTION TO AMEND RESOLUTION 149-19 TO CORRECT THE VENDOR FROM STEVE LANDERS OF SILOAM SPRINGS TO SUPERIOR CHEVROLET OF SILOAM SPRINGS FOR THE PURCHASE OF A DODGE RAM 1500 QUAD CAB 4X4 TRUCK .3 2019-0461 YRCC KIDS NITE AFTERSCHOOL PROGRAM: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $5,808.00 RECOGNIZING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR THE YRCC KIDS NITE AFTERSCHOOL PROGRAM City of Fayetteville, Arkansas Page 2 Printed on 8/8/2019 City Council Agenda Session Agenda Session Tentative Agenda ,,A!4 2019-0464 FAYETTEVILLE SCHOOL DISTRICT RENEWED AGREEMENT HOLCOMB ELEMENTARY SCHOOL GYM: August 13, 2019 A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE HOLCOMB ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS 2019-0465 FAYETTEVILLE SCHOOL DISTRICT RENEWED AGREEMENT VANDERGRIFF ELEMENTARY SCHOOL GYM: A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE VANDERGRIFF ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS A-16' 2019-0468 ELIZABETH RICHARDSON CENTER LEASE AGREEMENT: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE ELIZABETH RICHARDSON CENTER FOR PROPERTY LOCATED AT 2190 SOUTH RAZORBACK ROAD PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY LEASE PROGRAM f A:7 2019-0472 CITY OF WEST FORK CONVEYANCE OF UTILITY EASEMENTS: A RESOLUTION TO AUTHORIZE THE CONVEYANCE OF UTILITY EASEMENTS TO THE CITY OF WEST FORK FOR THE INSTALLATION OF SEWER LINES REQUIRED FOR THE TREATMENT OF WEST FORK SEWERAGE AT THE NOLAND WASTEWATER TREATMENT FACILITY City of Fayetteville, Arkansas Page 3 Printed on 8/812019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, August 13, 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 City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions A. onsent: A 1 2019-0014 APPROVAL OF THE AUGUST 6, 2019 CITY COUNCIL MEETING MINUTES A 2 2019-0467 AMEND RESOLUTION 149-19: August 13, 2019 A RESOLUTION TO AMEND RESOLUTION 149-19 TO CORRECT THE VENDOR FROM STEVE LANDERS OF SILOAM SPRINGS TO SUPERIOR CHEVROLET OF SILOAM SPRINGS FOR THE PURCHASE OF A DODGE RAM 1500 QUAD CAB 4X4 TRUCK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Scction 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution 149-19 to correct the vender name from Steve Landers of Siloam Springs to Superior Chevrolet of Siloam Springs and approves the purchase of a Dodge Ram 1500 Quad Cab 4x4 truck from Superior Chevrolet of Siloam Springs in the total amount of $22,993.00, pursuant to a state procurement contract, for use by the Utilities Department. City of Fayetteville, Arkansas Page 2 Printed on 8/712019 City Council Agenda Session Agenda Session Tentative Agenda August 13, 2019 A.3 2019-0461 YRCC KIDS N1TE AFTERSCHOOL PROGRAM: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $5,808.00 RECOGNIZING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR THE YRCC KIDS NITE AFTERSCHOOL PROGRAM A 4 2019-0464 FAYETTEVILLE SCHOOL DISTRICT RENEWED AGREEMENT HOLCOMB ELEMENTARY SCHOOL GYM: A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE HOLCOMB ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS WHEREAS, the City of Fayetteville and Fayetteville School District jointly constructed Holcomb Gym in 1994 and have jointly operated, managed and maintained the gym in the best interests of Fayetteville citizens and school children for the last quarter centry; and WHEREAS, the 1994 agreement (slightly modified) should now be renewed for an additional ten years with the right of either party to a further renewal term of another ten years. A 5 2019-0465 FAYETTEVILLE SCHOOL DISTRICT RENEWED AGREEMENT VANDERGRIFF ELEMENTARY SCHOOL GYM: A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE VANDERGRIFF ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS City of Fayetteville, Arkansas Page 3 Printed on 817/2019 City Council Agenda Session Agenda Session Tentative Agenda A.6 2019-0468 ELIZABETH RICHARDSON CENTER LEASE AGREEMENT: August 13, 2019 A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE ELIZABETH RICHARDSON CENTER FOR PROPERTY LOCATED AT 2190SOUTH RAZORBACK ROAD PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY LEASE PROGRAM A.7 2019-0472 CITY OF WEST FORK CONVEYANCE OF UTILITY EASEMENTS: A RESOLUTION TO AUTHORIZE THE CONVEYANCE OF UTILITY EASEMENTS TO THE CITY OF WEST FORK FOR THE INSTALLATION OF SEWER LINES REQUIRED FOR THE TREATMENT OF WEST FORK SEWERAGE AT THE NOLAND WASTEWATER TREATMENT FACILITY B. Unfinished Business: Ill 1 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 At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading C. New Business: City of Fayetteville, Arkansas Page 4 Printed on 8/7/2019 City Council Agenda Session Agenda Session Tentative Agenda August 13, 2019 C, 1 2019-0462 RZN 19-6716 (EAST OF 3638 N. FRONT ST./TRAILS AT MUD CREEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6716 FOR APPROXIMATELY 10.43 ACRES LOCATED EAST OF 3638 NORTH FRONT STREET FROM C-2, THOROUGHFARE COMMERCIAL AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES C�2 2019-0460 RZN 19-6732 (SW OF E. ROCK ST. & MILL AVE./SOUTHERN BROTHERS CONSTRUCTION): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6732 FOR APPROXIMATELY .31 ACRES LOCATED SOUTHWEST OF EAST ROCK STREET AND SOUTH MILL AVENUE FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN W3 2019-0459 RZN 19-6737 (4195 & 4245 W. MARTIN LUTHER KING BLVD./HANCOCK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6737 FOR APPROXIMATELY 1.81 ACRES LOCATED AT 4195 AND 4245 WEST MARTIN LUTHER KING BOULEVARD FROM R -O, RESIDENTIAL OFFICE TO UT, URBAN THOROUGHFARE City of Fayetteville, Arkansas Page 5 Printed on 817/2019 IN 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 1 -_ DATE: August 21, 2019 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 20, 2019 1. A RESOLUTION TO AMEND RESOLUTION 149-19 TO CORRECT THE VENDOR FROM STEVE LANDERS OF SILOAM SPRINGS TO SUPERIOR CHEVROLET OF SILOAM SPRINGS FOR THE PURCHASE OF A DODGE RAM 1500 QUAD CAB 4X4 TRUCK 2. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $5,808.00 RECOGNIZING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR THE YRCC KIDS NITE AFTERSCHOOL PROGRAM 3. A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE HOLCOMB ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS 4. A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE VANDERGRIFF ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS 5. A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE ELIZABETH RICHARDSON CENTER FOR PROPERTY LOCATED AT 2190 SOUTH RAZORBACK ROAD PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY LEASE PROGRAM 6. A RESOLUTION TO AUTHORIZE THE CONVEYANCE OF UTILITY EASEMENTS TO THE CITY OF WEST FORK FOR THE INSTALLATION OF SEWER LINES REQUIRED FOR THE TREATMENT OF WEST FORK SEWERAGE AT THE NOLAND WASTEWATER TREATMENT FACILITY 7. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6732 FOR APPROXIMATELY .31 ACRES LOCATED SOUTHWEST OF EAST ROCK STREET AND SOUTH MILL AVENUE FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN 8. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6744 FOR APPROXIMATELY 2.28 ACRES LOCATED SOUTHEAST OF 15TH STREET AND RAZORBACK ROAD FROM UT, URBAN THOROUGHFARE AND NS -L, NEIGHBORHOOD SERVICES -LIMITED TO UT, URBAN THOROUGHFARE, RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND NS -G, NIEGHBORHOOD SERVICES -GENERAL 9. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $21,286.85 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM WESTERN OILFIELDS SUPPLY COMPANY D/B/A RAIN FOR RENT FOR THE RENTAL OF AN EMERGENCY BYPASS PUMP FOR THE FARMINGTON LIFT STATION 10. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE BID FROM HUTCHENS CONSTRUCTION FOR REPLACEMENT OF THE FIRE MARSHALL PARKING LOT LOCATED AT 4140 SOUTH SCHOOL AVENUE IN THE AMOUNT OF $21,922.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 11. AN ORDINANCE TO AMEND § 110.03 SMALL CELL FACILITIES AND, NETWORKS, AND TO DECLARE AN EMERGENCY 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Meeting Final Agenda Tuesday, August 20, 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 Ll� DEPARTMENTAL CORRESPONDENCE f OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Blake Pennington City Council Assistant City Attorney Jodi Batker CC: Don Marr, Chief of Staff Paralegal Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorney DATE: August 13, 2019 RE: Proposed Expansion of Residential Parking Permit Area to Three More Blocks North of Maple Street On January 3, 2013, the Fayetteville City Council expanded the Residential Parking Permit Area to include one block of Ila Street between Wilson and Vandeventer Avenue. Please see my attached memo of December 7, 2012 which explained the rationale for this expansion of the Residential Parking Permit Program. Now the sororities adjoining Ila Street have been substantially enlarged and the number of sorority members attending meals or meetings have increased even more which has placed increased parking burdens on the residential streets nearest these two sororities. Council Member Mark Kinion now seeks to expand the Residential Parking Permit Area to help another block of Ila and two blocks of Vandeventer. Please find attached the proposed ordinance to amend the Applicability section of §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville Code. Departmental Correspondence TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director 45-4� FROM: Kit Williams, City Attorney` DATE: December 7, 2012 Kit WHIN. CityAttorney Jason B. Kelley Assistant CityAttorney RE: Placing one block of Ila within the Entertainment District Parking Zone Alderman Mark Kinion asked me to draft an ordinance to add one block of Ila Street (between Wilson Avenue and Vandeventer) to the Residential Parking Permit Program for the Entertainment District Parking Zone. This block of Ila is narrower than the remainder of Ila and only wide enough to allow parking on one side. The block immediately to the South contains two sororities where members sometime use this block of Ila for parking. This block is also the closest to the U of A campus and to a U of A bus stop. These factors often result in serious parking problems for the residents of this block of Ila. This section of Ila is only a block from the current Residential Parking Permit Program for the Entertainment District Parking Zone. Alderman Kinion believes that the City should extend the District Parking Zone to this single block of Ila to help alleviate the unique parking problems its residents have. Attached is an ordinance that would extend the District Parking Zone to this single block of Ila Street. AGENDA REQUEST FOR: COUNCIL MEETING OF JANUARY 3, 2013 FROM: ALDERMAN MARK KINION ORDINANCE ORRESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §72.18 Residential Parking Permit Program For The Entertainment District Parking Zone (A) Applicability To Add The Block Of Ila Between Wilson And Vandeventer To This Zone APPROVED FOR AGENDA: M Date Alderman �a. Zorn. City Attorney Date (as to form) 12-12-i2k11: 1;7 RC1D ORDINANCE NO. Si AN ORDINANCE TO AMEND §72.18 RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE (A) APPLICABILITY TO ADD THE BLOCK OF ILA BETWEEN WILSON AND VANDEVENTER TO THIS ZONE WHEREAS, the block of Ila Street between Wilson and Vandeventer is so narrow that Parking can only be allowed on one side; and WHEREAS, the block immediately south is zoned RMF40 and has two sororities fronting on Wilson, Maple and Vandeventer; and WHEREAS, the closeness to these sororities, the University and a bus stop draws so many students that the homeowners on this street often cannot park near their homes (most which do not have off-street parking); and WHEREAS, this one block section of Ila is only one block from the Entertainment District Parking Zone and needs the same residential parking protections as currently exist for the rest of the residences in the Entertainment District Parking Zone. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.18 Residential Parking Permit Program For The Entertainment District Parking Zone of the Fayetteville Code by adding the following at the end of the current (A) Applicability subsection: "The block of Ila Street between Wilson Avenue and Vandeventer Avenue is added to and is hereby made a part of the North Zone of the Entertainment District Parking Zone." Page 2 Ordinance No. 5558 PASSED and APPROVED this 3rd day of January, 2013. APPROVED: By: 6 LD J N, Mayor ATTEST: By: A4/� tA" SONDRA E. SMTTH, City Clerk/Treasurer Council 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 August 6, 2019 City Council Meeting Minutes August 6, 2019 Page 1 of 19 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 August 6, 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, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Council Member Bunch arrived at 5:36 p.m. Absent: Council Member Petty was absent. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan welcomed University of Arkansas international students from Iraq who were in attendance. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 6, 2019 Page 2 of 19 2018 CAFR Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the 2018 CAFR Report. He stated the report is listed on the City of Fayetteville website. Agenda Additions: Northwest Arkansas Nutrient Trading Research and Advisory Group (NANTRAG): A resolution to request that the Northwest Arkansas Nutrient Trading Research and Advisory Group (NANTRAG) consider amending the proposed regulation for nutrient trading to more closely conform to the attached proposed revision. Council Member Kinion moved to add Northwest Arkansas Nutrient Trading Research and Advisory Group (NANTRAG) to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent. Council Member Turk read the resolution and gave a brief description of the item. Council Member Kinion stated it was unanimous at the Water, Sewer & Solid Waste Committee to support the resolution. Fran Alexander, Fox Hunter Road spoke in favor of the resolution. Brian Thompson, 3428 East Wyman Road stated he is a member of the Buffalo River Watershed Alliance. He spoke about how political insiders can take advantage of regulatory loopholes. Carol Christoffel, 1510 East Overcrest stated her best case is that Council will kill the project or next best is to incorporate the changes recommended or more stringent majors. Council Member Marsh thanked Council Member Turk for bringing the item forward. She stated all steps need to be taken to protect the water and health of the community. Council Member Smith: When reading through the original, it looked more like philosophy than policy. It is nice to see a version put forward with numbers and rules that can be followed. Mayor Jordan: We will be taking this to NANTRAG at their next meeting to introduce this. This will be what we will support on that committee. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent. Resolution 173-19 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes August 6, 2019 Page 3 of 19 Consent: Approval of the July 16, 2019 City Council Meeting Minutes. Approved Fleming Electric, Inc.: A resolution to authorize the purchase of four electrical junction boxes and the repair of an electrical conduit for the biological treatment units at the West Side Wastewater Treatment Facility for the total amount of $18,704.00 plus applicable taxes and freight charges, and to approve a budget adjustment. Resolution 174-19 as recorded in the office of the City Clerk Jack Tyler Engineering, Inc.: A resolution to authorize the purchase of a pump for the solids handling odor control system at the Paul R. Noland Wastewater Treatment Facility from Jack Tyler Engineering, Inc. in the amount of $10,900.00 plus applicable taxes and freight charges, and to approve a budget adjustment. Resolution 175-19 as recorded in the office of the City Clerk Nabholz Industrial Services: A resolution to accept a quote in the amount of $9,423.36 plus applicable taxes from Nabholz Industrial Services for the installation of a fill auger and scrubber - condenser for the thermal dryer at the Biosolids Management Site, to approve a project contingency in the amount of $1,500.00, and to approve a budget adjustment. Resolution 176-19 as recorded in the office of the City Clerk Bid #19-36 AVO Multi -Amp Corporation d/b/a Megger: A resolution to award Bid #19-36 and authorize the purchase of water leak detection equipment from AVO Multi -Amp Corporation d/b/a Megger Group in the amount of $60,990.00 for use by the Water and Sewer Operations Division. Resolution 177-19 as recorded in the office of the City Clerk Bid # 19-34 Kansas Salt, LLC: A resolution to award Bid # 19-34 and authorize the purchase of bulk crushed rock salt from Kansas Salt, LLC for $50.00 per ton for materials picked up and $95.00 per ton for materials delivered as needed, and to authorize the use of Central Salt, LLC as a secondary supplier. Resolution 178-19 as recorded in the office of the City Clerk American Electric Power: A resolution to authorize a contract with AEP/SWEPCO for utility relocations associated with the construction of the Cedarwood and Glenwood Drainage Improvements Project, with the amount to be paid by the City of Fayetteville not to exceed $30,697.03. Resolution 179-19 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov Ll� DEPARTMENTAL CORRESPONDENCE f OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Blake Pennington City Council Assistant City Attorney Jodi Batker CC: Don Marr, Chief of Staff Paralegal Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorney DATE: August 13, 2019 RE: Proposed Expansion of Residential Parking Permit Area to Three More Blocks North of Maple Street On January 3, 2013, the Fayetteville City Council expanded the Residential Parking Permit Area to include one block of Ila Street between Wilson and Vandeventer Avenue. Please see my attached memo of December 7, 2012 which explained the rationale for this expansion of the Residential Parking Permit Program. Now the sororities adjoining Ila Street have been substantially enlarged and the number of sorority members attending meals or meetings have increased even more which has placed increased parking burdens on the residential streets nearest these two sororities. Council Member Mark Kinion now seeks to expand the Residential Parking Permit Area to help another block of Ila and two blocks of Vandeventer. Please find attached the proposed ordinance to amend the Applicability section of §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville Code. Departmental Correspondence TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director 45-4� FROM: Kit Williams, City Attorney` DATE: December 7, 2012 Kit WHIN. CityAttorney Jason B. Kelley Assistant CityAttorney RE: Placing one block of Ila within the Entertainment District Parking Zone Alderman Mark Kinion asked me to draft an ordinance to add one block of Ila Street (between Wilson Avenue and Vandeventer) to the Residential Parking Permit Program for the Entertainment District Parking Zone. This block of Ila is narrower than the remainder of Ila and only wide enough to allow parking on one side. The block immediately to the South contains two sororities where members sometime use this block of Ila for parking. This block is also the closest to the U of A campus and to a U of A bus stop. These factors often result in serious parking problems for the residents of this block of Ila. This section of Ila is only a block from the current Residential Parking Permit Program for the Entertainment District Parking Zone. Alderman Kinion believes that the City should extend the District Parking Zone to this single block of Ila to help alleviate the unique parking problems its residents have. Attached is an ordinance that would extend the District Parking Zone to this single block of Ila Street. AGENDA REQUEST FOR: COUNCIL MEETING OF JANUARY 3, 2013 FROM: ALDERMAN MARK KINION ORDINANCE ORRESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §72.18 Residential Parking Permit Program For The Entertainment District Parking Zone (A) Applicability To Add The Block Of Ila Between Wilson And Vandeventer To This Zone APPROVED FOR AGENDA: M Date Alderman �a. Zorn. City Attorney Date (as to form) 12-12-i2k11: 1;7 RC1D CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 20,2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Susan Norton, Communications Director Blake Pennington, Assistant City Attorney DATE: 8/8/19 CITY COUNCIL MEMO SUBJECT: Revision of City Small Cell Facilities and Networks Ordinance RECOMMENDATION: City staff recommends revision of the Small Cell Facilities and Networks ordinance in response to recent federal and state actions. BACKGROUND: On November 21, 2017, the City enacted an ordinance to provide for the permitting of small cell (potential 5G) structures in accordance with FCC rules and with guidance from the National League of Cities. In developing the City's ordinance, an internal team made up of Administration, Development Services, Information Technology staff, and the City Attorney's office spent several months reviewing similar ordinances and statutes from a number of cities and states across the region, looking for what would be the best fit for Fayetteville. The team also met with small-cell providers who reviewed draft language for the ordinance. Subsequently, in September of 2019, the Federal Communications Commission issued an industry -backed declaratory ruling that included several preemption provisions, including a "shot clock" for time limits for processing applications and limiting fees that local governments can charge providers to use the city's right of way. The FCC ruling is currently being challenged and legislation has been introduced in Congress to reverse the order. Additionally, the Arkansas State Legislature in the 2019 session enacted Act 999, "To Establish the Small Wireless Facility Deployment Act," which added Arkansas to over 20 states that had previously enacted legislation to pre-empt local authority in this same manner. Act 999 is set to take effect September 1, 2019. DISCUSSION: City staff and Assistant City Attorney worked together with assistance from the Arkansas Municipal League's consultant to review the City's existing ordinance and suggest modifications in order to be in compliance with the state legislation. BUDGET/STAFF IMPACT: None Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 EXHIBIT A 1 10.03 Small Cell Facilities and Networks (A) Definitions: Unless otherwise defined below, the terms used in § 110.03 shall have the meanings set forth in the Arkansas Small Wireless Facility Deployment Act, Ark. Code Ann. § 23-17-501, et seq: (1) Administrative Review means non -discretionary evaluation of an Application by the Zoning and Development Administrator. This process is not subject to a public hearing or conditional or special review process. (2) Stealth technology means systems, components and materials used in the construction of wireless communications facilities to make it compatible with the surrounding property. (B) Compliance with Local, State and Federal Regulations. Applicant shall comply with all applicable state and federal regulations. Proof of compliance shall be provided upon request of the Zoning and Development Administrator. Applicant shall not be required to enter into any franchise agreement with the City. No person shall attach, install, or maintain a small cell facility in the right-of-way without a permit issued by the City or in violation thereof. (C) Applications. The form of the permit application is located on the City's website under Small Cell Facilities and Networks. (D)An applicant shall submit with the application all documentation or other evidence required by the Zoning and Development Administrator to sufficiently establish the structural soundness of proposed facilities. (E) Micro -wireless facilities. No permit shall be required for any person to install, maintain or operate a micro -wireless facility that is suspended on cables that are strung between existing poles and comply with applicable codes, provided that a permit may be required for work requiring lane closure or excavation. (F) Permits. (1) City right of way Permit. Upon proper application, City shall timely grant a wireless provider a revocable, nonexclusive permit authorizing the installation and maintenance of a small wireless facility and, if applicable, a pole that will be used to support a small wireless facility, within the City's public rights-of- way, as provided in this regulation. (a) ARDOT right of way. Applications to install small wireless facilities and/or poles used to support small wireless facilities in a right-of-way controlled by the Arkansas Department of Transportation must be approved by the Arkansas Department of Transportation prior to submission to the City. (b) Outside the right of way. Applications to install small wireless facilities and/or poles used to support small wireless facilities outside of the right-of-way will be evaluated and processed according to City ordinances governing the zoning and development of property. (c) Special Locations. No application or permit shall be required under this regulation to install a small wireless facility that is located within an interior structure or upon the site of a campus, stadium, or athletic facility that is not controlled by the City. (d) Maintenance. No permit shall be required for any person to perform routine maintenance on a previously permitted small wireless facility or to replace a previously permitted small wireless facility with one that is substantially similar or smaller, provided that a permit may be required for work requiring lane closure or excavation. (2) City Collocation Permit. Upon proper application, City shall timely grant a wireless provider a revocable, nonexclusive permit authorizing the attachment of a small wireless facility to a City pole, as provided in this regulation. A single permit form may be used to issue permits for the installation of small wireless facilities in the right-of-way and collocation on City poles. (3) Installation on Other City Property. Upon proper application, City may grant a wireless provider a revocable, nonexclusive permit authorizing the installation and maintenance of a small wireless facility on property owned by the City upun such terrns and conditions as may be approved by City in accordance with state law. (4) Duration of Permits. Permits issued pursuant to this regulation shall terminate ten (10) years after the date the permit was issued. The holder of any permit so terminated shall be entitled to: (a) Renew the permit for a successive ten (10) year term, provided that the permitted facilities and/or poles conform to all safety and appearance requirements at the time the permit terminated; (b) Replace the permitted facilities and/or poles at the previously permitted location with facilities and/or poles that conform to all safety and appearance requirements at the time of renewal; or (c) Remove the small wireless facilities and/or poles used to the support small wireless facilities within one year of the date that the permit lapsed. (G)Administrative Approval of Co-Located Facilities Within the Right-of-Way. The Zoning and Development Administrator, following an Administrative Review, may approve the following facility installations: (1) Locating on Existing Structures. Installation of facilities on an existing structure other than a tower regulated under § 163.13 of the Unified Development Code (such as a building, light pole, electric transmission tower, water tank, or other free-standing non-residential structure) provided that the facilities do not extend any higher than 10 percent (10%) above the existing structure on which it is located or fifty (50) feet above the ground, whichever is greater. (2) Locating on Existing Tower Not Previously Approved Through §163.13 of the U.D.C. Existing towers that do not have facilities may not add such 2 capability without securing a conditional use permit, except as otherwise allowed by 47 U.S.C. § 1455. (3) Locating on Existing Towers Previously Approved Through §163.13. Additional facilities may be placed upon any tower already approved through § 163.14 of the U.D.C. so long as such additional facilities would not violate any requirements of the conditional use permit or other provisions of §163.13. (4) The applicant must submit a letter of intent indicating the intent and agreement to allow co-location of facilities or installation of facilities on an existing structure. (5) If proposed facilities are not or cannot be adequately camouflaged, the City may require the installation of new stealth facilities. (6) Any disturbance of City infrastructure (such as, but not limited to, streets, sidewalks, and utilities) shall be repaired and restored by the applicant at its expense and to a condition at least as good as that existing before the work causing such disturbance was commenced. (7) Historic Districts. No person shall install a small wireless facility in any historic district unless and until issued a certificate of appropriateness by the historic district commission. (8) Additional requirements for collocation on City poles. (a) Bucket-truck access. No person shall install a small wireless facility on any City pole or structure that is inaccessible from a street with a bucket truck. The purpose of this rule is to protect the safety of City workers. (b) Streetlight and traffic poles. No person shall install a small wireless facility on or within a streetlight or traffic pole that, when combined with the existing lighting equipment and other existing facilities, shall require more electricity than can be safely provided by the existing service line. (c) Reserved space. City may reserve space on poles for future public safety or transportation use according to a plan that has been documented and approved by the Mayor prior to the submission of application to occupy the space reserved. i. Notice of reserved space. An applicant will be notified at the time an application is filed, or as soon thereafter as possible, that space on one or more poles within an application has been reserved for future use. A reservation of space shall not preclude placement of a pole or collocation of a small wireless facility. If replacement of the City's pole is necessary to accommodate the collocation of the small wireless facility and the future use, the wireless provider shall pay for the replacement of the authority pole and the replaced pole shall accommodate future use. ii. Reclaiming reserved space. When notice was provided in accordance with this subsection, City may reclaim reserved space by giving the wireless provider at least ninety (90) 3 calendar days prior notice. City shall give the wireless provider the option to remove its attachment(s) from the affected poles or pay for the cost of any make-ready work needed to expand capacity for City service requirements, so that the wireless provider can maintain its attachment(s) on the affected poles. The allocation of the cost of any such make-ready work (including the transfer, rearrangement, or relocation of third - party attachments) shall be determined in accordance with this section. iii. Third -party attachers. Wireless provider shall not be required to bear any of the costs of rearranging or replacing its attachment(s), if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any entity other than City. (H) Administrative Approval of New Facilities in Public Rights of Way. Providers proposing the construction or installation of new facilities in the public rights of way (including the replacement of existing structures) shall comply with following requirements: (1) Construction Maintenance. The provisions of § 110.02(E), with the exception of §§ 110.02(E)(3) and (E)(10), shall govern the process of approval for the construction or installation of any new facilities within the public rights of way. (2) Height Limitations. New poles placed by the provider in public rights of way are permitted to be a maximum height of no more than fifty (50) feet or 10% taller than the tallest pole within three hundred (300) feet in the right of way. Facilities may be installed on the new poles provided that the facilities do not extend any higher than fifty (5) feet above the ground or more than ten percent (10%) above the pole on which it is located. (3) Replacement of Existing Structures. If installation of facilities requires the removal and replacement of an existing structure, such as a pole, the new structure shall be no more than fifty (50) feet in height or no more than 10% higher than the same height as the existing structure, is constructed of substantially similar material or is a camouflaged/stealth structure, and the replacement structure is located within five (5) feet of the location of the original structure. The provisions of § 110.02(E) shall govern the standards of and procedures for construction or installation of replacement facilities within the public rights of way. (4) Camouflaging or Stealth Technology Required. New facilities shall be designed to be camouflaged to the greatest extent reasonably possible including, but not limited to, use of compatible building materials and colors, incorporation within street lights, screening, landscaping, and placement within trees. All antenna arrays, cables, and other accessories used for providing the services shall not be obtrusive or noticeably visible. The Zoning and Development Administrator may approve the installation of a .19 standard utility pole in areas where such installation will not degrade the streetscape but any facilities shall be camouflaged to the greatest extent reasonably possible. Camouflaging and stealth technology shall be required in all residential areas, improvement districts (including, but not limited to, the Dickson Street area and College Avenue improvement corridor), and any area in which utilities have been installed or relocated underground. Understanding that new technologies are anticipated to change the components of telecommunications facilities, the Administrator may determine if a telecommunications facility or component of a telecommunications facility is designed to be stealth. If an applicant establishes that it is not technically feasible to meet this requirement, the Administrator may grant a variance in the minimum amount necessary. (5) Fall Zone. The minimum distance from the base of any facility to any residential dwelling unit shall be the lower height or required setback, whichever is greater, unless all persons owning said residence or the land on which said residences are located consent in a signed writing to the construction of said facility. This setback is considered a "fall zone." In the event that an existing facility is proposed as a mount for the provider's equipment, a fall zone shall not be required. (6) Distance between new poles. (a) New non -camouflaged or non -stealth poles shall be spaced a minimum of five hundred feet (500') from any other new or replacement non - camouflaged or non -stealth pole approved in accordance with this section. (b) New camouflaged facilities or poles or new facilities utilizing stealth technology to fit within the streetscape (e.g., incorporated within a street light pole) shall be subject to the following distance requirement i. Where streetlights are present, no person shall install a new pole in the right of way when there is an existing pole located in the right-of-way within one hundred feet (100') of the proposed location that is reasonably suitable for collocation, unless collocation on the existing pole will impose technical limits on the small wireless facilities to be installed or significant additional costs. A pole is deemed reasonably suitable if it will structurally support the attachment and the owner will permit attachment at a rate that is equal to or less than the rate provided by this section. The purpose of this rule is to reduce the number of poles within the right-of-way in areas with heightened aesthetic concern. ii. Where streetlight poles are not present, new poles will be aligned with, and generally match the appearance of existing poles within the right-of-way that are within three hundred feet (300') of the proposed location; however, if such alignment or E appearance will impose technical limits on the small wireless facilities to be installed or impose significant additional costs, new poles will be constructed using a stealth design that fully conceals all small wireless facilities and associated equipment within the pole. New poles will not vary from the height of existing poles by more than ten percent (10%). Where poles of different heights are present, new poles shall match the height of existing poles that are closest to the new pole. The purpose of this rule is to ensure uniformity in the appearance and height of poles within the right-of-way in areas with heightened aesthetic concern. (7) Placement. No person shall install a new pole within a right-of-way unless the pole is within ten feet (10') of a side lot line and at least eighteen inches (18") from the road surface. When compliance with this rule is not technically feasible, the new pole will be installed in a location that avoids obstructing the view of occupiable structures and as close to the lot line as possible. This rule shall not apply when installing new poles in a median between roadways or within a right-of-way controlled by the Arkansas Department of Transportation. The purpose of this rule is to avoid obstructing views from the right-of-way and occupied structures. (8) Information Required to Process Requests for New Facilities. (a) Identification of the applicant. (b) A map or description of the location of the facilities. (c) An illustration that shows the final appearance of the facilities. (d) Engineered drawings of the facilities to be installed, including required make-ready work. (e) Worker safety information related to small wireless facility installation. (f) Evidence of bonding as required by § 158.02 of the Unified Development Code. (g) Evidence of insurance as required by this section. (h) Required application fees. (i) Describe your efforts to collocate your facility on existing structures or poles. The applicant should demonstrate a good faith effort to locate facilities on existing structures and/or co -locate with other carriers. (j) Describe whether you will or will not accommodate equipment of other telecommunications providers that could co -locate on your facility. Describe how such accommodation will impact both your pole and your ground mounted facilities. Provide documentation of your provider's willingness or unwillingness to accommodate other providers who may be able to co -locate on your facility. (9) Historic Districts. No person shall install a small wireless facility in any historic district unless and until issued a certificate of appropriateness by the historic district commission. 6 (I) Application Time Frame. A final decision shall be issued for applications for facilities under subsections (G) and (H) subject to the following: (1) The City shall supply written notice to the Applicant within ten days of receipt of an Application whether the application is complete. If an application is incomplete, the City shall clearly and specifically delineate any missing documents or information. The processing deadline shall restart at zero (0) on the date the applicant provides the missing information identified by the City to complete the application. (2) Applications shall be processed within: (a) Sixty (60) days of receipt of a completed application for the collocation of a small wireless facility; and (b) Ninety (90) days of receipt of an application to install, modify, or replace a pole on which a small wireless facility is or will be collocated. (3) The processing deadline may be tolled by agreement of the applicant and the City. (4) Denial of Permits. (a) If a permit is denied, the City shall document the basis for the denial and send the documentation to the applicant on or before the day the City denies the application. (b) The applicant may cure the deficiencies identified by the City and resubmit its application within thirty (30) days of the denial without paying an additional fee. (c) The City shall approve or deny the revised application within thirty (30) days of resubmission and shall limit a review of the resubmitted application to the deficiencies cited in the denial. (5) Abandoned applications. After notice is provided to an applicant that an application is incomplete as described above, the applicant will be afforded thirty (30) days to provide missing information without submitting a new application or application fee. If incomplete for more than thirty (30) days, the application will be deemed abandoned and the City will return all forms and information to the applicant. The application fee will not be refunded. The applicant may later resubmit the forms and information as a new application with an appropriate application fee. (6) Professional Engineer. Unless otherwise waived in writing by City, as part of the permit application process, and at the wireless provider's sole expense, a qualified and experienced professional engineer, or an employee or contractor of the wireless provider who has been approved by City, must undertake and complete the engineering design and pole loading analyses calculations required in completing a permit application, participate in the pre -construction survey, and certify that the wireless provider's small wireless facilities can be and were installed on the identified poles in compliance with the applicable codes and in accordance with the permit. The professional engineer's qualifications must include experience performing such work, or substantially similar work, as reflected in the application and unless otherwise waived by City, such engineer must be licensed in the State of Arkansas. The City may allow a wireless II provider's professional engineer, employee or contractor to conduct a post - construction inspection that the City will verify by means that it deems to be reasonable. (J) Application Fees and Annual Rates. (1) Applicants shall submit a fee in the amount of $100.00 for each small wireless facility proposed to be installed on an existing wireless support structure or pole. (2) Applicants shall submit a fee in the amount of $250.00 for the installation, modification, or replacement of a pole together with the collocation of an associated small wireless facility in the right-of-way. (3) Providers shall pay an annual rate of $30.00 per small wireless facility for use of the public right-of-way. (4) Providers shall pay an annual rate of $240.00 per small wireless facility that is collocated on a City -owned pole. (5) Applicants shall pay a fee of $150.00 for each small wireless facility that does not pass an initial inspection and requires re -inspection. This fee ensures the City shall recover its costs associated with administering and conducting a reinspection. (6) A provider who attaches a small wireless facility to a City pole or other structure without proper authority shall pay a fee of $480.00 per year. This fee is in addition to any penalty that may be assigned or adjudicated for violation of a City ordinance. This fee ensures that the City shall recover its costs associated with locating and remediating unauthorized attachments. (7) A provider shall pay $10.00 per day for each small wireless facility that is attached to a City facility in violation of a permit or an applicable code for more than thirty (30) days after notice of the violation. This fee ensures that the City shall recover its costs associated with locating and remediating specific permit violations. (8) Refunds. No fees and charges specified in Appendix A shall be refunded on account of any relinquishment or abandonment of a permit granted under this regulation. (9) Late Charges. if City does not receive payment for any amount owed within sixty (60) calendar days after it becomes due, wireless providers shall pay a late processing charge equal to five percent (5%) of the amount owed. In addition to assessing a late processing charge, if any fees or charges remain unpaid for a period exceeding ninety (90) days: (1) wireless providers shall be charged interest at the rate of ten percent (10%) per year on the amount owed; (2) City may discontinue the processing of applications for new small wireless facilities and/or poles until such fees or charges are paid: and (3) City may cause the disconnection of electric service from wireless provider's small wireless facilities at wireless provider's expense. (K)New Structures on Private Property. Telecommunications providers proposing the construction or installation of new poles or towers on privately owned property in the City, but not within any right-of-way as defined by Ark. Code Ann. § 23-17- 503(24)(A), shall comply with the provisions of § 163.13 Wireless Communications Facilities and shall obtain a conditional use permit. 8 (L) New Facilities on Public Property. The City of Fayetteville will actively market its own property and existing facilities as suitable co -location sites. Applications for new facilities on public property shall be subject to the Administrative Review process. An annual lease amount should be charged according to the fair market value of the location. In cases in which the company no longer needs the facility, the city may require it to be removed. Applicants may be required to provide co -location space for city -owned facilities. For purposes of this subsection, public property shall not include any public right of way or structures in any public right of way. Small cell facilities installed in the public right of way or on structures in the public right of way shall pay only the fees set forth in subsection (H) and shall not be charged additional fees under this subsection. (M) Specifications (1) Installation. Every small wireless facility, pole and other structures in the right-of-way shall be erected and maintained in accordance with the requirements and specifications found in applicable codes, including the latest revision of the National Electric Code (NEC) and National Electrical Safety Code (NESC), as may be amended from time to time, and in compliance with any construction standards now in effect or that may hereafter be issued by City (provided such construction standards are not inconsistent with this regulation and are applied on a non-discriminatory basis) or any rules or orders of a governmental authority having jurisdiction. The location of any small wireless facility may be reasonably re -designated from time to time to accommodate other pole attachments, for reasons of electrical service safety or reliability, with costs allocated in accordance with subsection (N) below. Notwithstanding the foregoing, with respect to any small wireless facility that was in compliance with applicable codes at the time such small wireless facility was installed but has become noncompliant because of revisions to the NESC, wireless providers shall be required to bring their small wireless facilities into compliance with then -current standards only in connection with relocation, pole replacement, or rebuild affecting such attachment or in the event such noncompliance creates an imminent threat to public safety. When maintenance or repair work is needed with respect to noncompliance with applicable codes as set forth in this Section, the actual costs of maintenance, repair, and inspection shall be borne by wireless providers. (2) Maintenance of Facilities. Wireless providers shall, at their own expense, make and maintain their small wireless facilities and any associated poles in safe condition and good repair, in accordance with all applicable codes. All maintenance work on small wireless facilities shall only be performed by qualified personnel. During the period described in subsection (F)(4), wireless providers shall not be required to update or upgrade its small wireless facilities if they complied with applicable codes at the time they were made; provided, however, wireless providers shall update or upgrade their small wireless facilities in connection with relocation, pole replacement or rebuild affecting such small wireless facilities or in the event such update or upgrade is required or necessary in order to resolve an imminent threat to public safety. 9 (3) Tagging. Upon installation, wireless providers shall affix a tag to any pole or structure upon which the wireless provider's small wireless facilities have been installed and to the exterior of any underground or ground -mounted small wireless facility equipment. The tag will be constructed of aluminum, plastic or other material of extended durability. Tags will be installed on any pole or structure to which a small wireless facility has been installed. (4) Interference. Wireless providers will not allow their small wireless facilities to interfere with the operation of any pre-existing City or third -party facilities. (a) RF Responsibility. Wireless providers are solely responsible for the radio frequency ("RF") emissions emitted by its small wireless facilities and associated equipment, ensuring that the RF exposure from its emissions are within the limits permitted under all applicable rules of the FCC. City is solely responsible for the RF emissions emitted by its equipment or facilities and ensuring that the RF exposure from its emissions are within the limits permitted under all applicable rules of the FCC. (b) Signage. To the extent required by FCC rules and/or applicable local, state or federal law, wireless providers shall install appropriate signage to notify workers and third parties of the potential for exposure to RF emissions. The signage will be placed so that it is clearly visible to workers who climb the pole or ascend by mechanical means. (c) Duty to Others. Wireless providers shall be under a duty and obligation in connection with the operation of its facilities to protect against RF interference to the RF signals of City, all other wireless providers, and any other entities with attachments on poles with the wireless provider. City shall be under no obligation to remedy or resolve RF interference among wireless providers or other attaching entities and shall not be liable for any such RF interference among wireless providers or other attaching entities. City will, however, endeavor to have all attaching entities coordinate and cooperate with each other relating to the resolution of interference. Notwithstanding the foregoing, in the event City's operations create RF interference to wireless providers or other attaching entities, City will endeavor to correct such RF interference promptly and shall cooperate with the other parties relating to the correction. (5) Protective Equipment. Each wireless provider and its employees and contractors shall utilize and install adequate protective equipment to ensure the safety of people and facilities pursuant to FCC rules and requirements. Every permit issued by City pursuant to this regulation shall bearthe warning and condition that CITY SHALL NOT BE LIABLE FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES TO SMALL WIRELESS FACILITIES, WIRELESS PROVIDER'S CUSTOMERS' FACILITIES, OR TO ANY OF WIRELESS PROVIDER'S EMPLOYEES, CONTRACTORS, CUSTOMERS, OR OTHER PERSONS. (6) Safety Briefing. Wireless providers shall prepare a written "Safety Briefing" suitable for City employees and contractors who may be required to work near ff and/or around small wireless facilities. This safety briefing will be submitted as part of each permit application. (7) Cut -Off Switch. Each wireless provider shall install a lockable power cut-off switch as directed by City and consistent with applicable codes for every pole to which the wireless provider has attached facilities that can emit RF energy. The cut-off switch will allow for the power source and any back-up power sources to be disconnected. If required by City, the power source must also be equipped with an external indicator light to provide certainty that the power has been disconnected. Wireless providers shall provide City with access to disconnect switch by providing keys or combinations to the locks. (8) Cut -Off Procedure. In ordinary circumstances, City's authorized field personnel will contact the applicable wireless provider's designated point of contact to inform a wireless provider of the need for a temporary power shut down. Upon receipt of the call, the wireless provider will power down its antenna remotely, the power -down will occur during normal business hours and City will endeavor to provide 24 hours' advance notice. In the event an emergency or unplanned cut-off is required, advance notice will only be provided at City's sole discretion and, if circumstances warrant, employees and contractors of City may accomplish the power -down by operation of the power disconnect switch without advance notice to the wireless provider and shall notify the wireless provider as soon as possible. In all such instances, once the work has been completed and the worker(s) have departed the exposure area, the party who accomplished the power -down shall restore power and inform the other party as soon as possible that power has been restored. (9) Emergency Contact Information. Each wireless provider shall provide emergency after hours contact information to City to ensure proper notification in case of an emergency. Information will include 24/7 telephone, cell phone and/or pager information, a list of duty managers by district and escalation procedures. Wireless providers shall provide City with updated emergency contact information on an annual basis and whenever changes are made. (10) Removal of Nonfunctional Attachments. At its sole expense, each wireless provider shall remove any of its small wireless facilities, or any part thereof, that becomes nonfunctional and no longer fit for service ("nonfunctional attachment"). Except as otherwise provided in this regulation, each wireless provider shall remove nonfunctional attachments within one (1) year of the date that it became nonfunctional, unless the wireless provider receives written notice from City that removal is necessary to accommodate City's or another attaching entity's use of the affected pole(s), in which case the wireless provider shall remove the nonfunctional attachment within ninety (90) days of receiving the notice. After the time designated for removal, City may, in its sole discretion, remove and dispose of the nonfunctional attachment and the wireless provider shall be responsible for the costs therefor. (N)Make-Ready Work/Installation (1) Who May Perform Make -Ready. Make-ready work on City poles shall only be performed by the City or a qualified contractor authorized by City to perform such work. (2) Time Frame for Completion of Make -Ready. If City, or its contractor, is performing make-ready work it will complete the make-ready work within sixty (60) days of receipt of the wireless provider's acceptance of the make-ready estimate and advance payment, if required. Completion time may be extended by agreement between the City and the wireless provider. If City does not complete the make-ready work within the time allotted, the wireless provider may demand a return of deposited funds and proceed with required make-ready work using authorized and qualified contractors who are approved by the City. The City shall not unreasonably withhold or delay approval of a contractor to perform required make-ready. (3) Payment for Make -Ready Work. Upon completion of the make-ready work performed by City, City shall invoice the wireless provider for City's actual and documented cost of such make-ready work. The costs of the work shall be itemized, and if City received advance payment, the costs shall be trued up. Each wireless provider shall be responsible for entering into an agreement with other existing attaching entities to reimburse them for any costs that they incur in rearranging or transferring their facilities to accommodate the wireless provider's attachments. (4) Wireless Provider's Installation/Removal/Maintenance Work. (a) Quality workmanship required. All of the wireless provider's installation, removal, and maintenance work, by either the wireless provider's employees or authorized contractors, shall be performed at the wireless provider's sole cost and expense, in a good and workmanlike manner, and must not adversely affect the structural integrity of City's poles or other facilities or other attaching entity's facilities or equipment. All such work is subject to the insurance requirements of this section. (b) Qualified workers required. All of a wireless provider's installation, removal, and maintenance work, either by its employees or authorized contractors, shall comply with all applicable regulations specified in this section. Wireless providers shall assure that any person installing, maintaining, or removing its small wireless facilities is fully qualified and familiar with all applicable codes, and the design specifications established by City. (c) Authorization not required for maintenance. Notwithstanding anything to the contrary in this regulation, subsequent to the original installation of a wireless provider's small wireless facilities, the wireless provider may modify or replace the small wireless facilities Without obtaining prior written consent of City so long as such modification or replacement does not substantially: (i) modify the external appearance of the small wireless facility; (ii) increase the electric consumption of the small wireless facility; (iii) increase the load on the applicable pole beyond the loading, if any, that was established in the approved permit application; or (iv) involve placement of equipment outside the area designated in the approved permit application. A wireless provider may request, and City shall 12 timely provide, a determination as to whether a modification or replacement made subsequent to original installation deviates from the original permit sufficiently to require the issuance of a permit. (5) Allocation of Costs. The costs for any rearrangement or transfer of any small wireless facilities or the replacement of a pole (including, without limitation, any related costs for tree cutting or trimming) shall be allocated on the following basis: (a) Pole replacement for City. If City intends to modify or replace a pole solely for its own requirements, it shall be responsible for the City's costs related to the modification or replacement of the pole. The wireless provider shall be responsible for costs associated with the rearrangement or transfer of the wireless provider's small wireless facilities. (b) Replacement for wireless provider. If the modification or replacement of a pole is necessitated by the requirements of a wireless provider, the wireless provider shall be responsible for all costs caused by the modification or replacement of the pole as well as the costs associated with the transfer or rearrangement of any other attaching entity's facilities. At the time the wireless provider submits a permit application to City, the wireless provider shall submit evidence in writing that it has arranged to reimburse all affected attaching entities for their costs caused by the transfer or rearrangement of their facilities. City shall not be obligated in any way to enforce or administer the wireless provider's responsibility for the costs associated with the transfer or rearrangement of another attaching entity's facilities pursuant to this Section. (c) Replacement for additional attachment. If the modification or replacement of a pole is the result of an additional attachment or the modification of an existing attachment sought by an attaching entity other than City or a wireless provider, the entity requesting the additional or modified attachment shall bear the entire cost of the modification or replacement, as well as the costs for rearranging or transferring the wireless provider's small wireless facilities. The wireless provider shall cooperate with such third -party attaching entity to determine the costs of moving the wireless provider's facilities. (0)Permit Expiration. Permits issued for the construction or installation of any telecommunication facilities under this chapter shall expire after a period of one (l) year unless construction or installation of the permitted facility has been initiated. (P) Variances and Appeals. (l) An Applicant may request a variance of any requirement in this section through the Board of Adjustment by complying with the procedures set forth in Chapter 156 of the Unified Development Code. Requests to vary from any City aesthetic requirements applicable to a new small wireless facility must be made in writing by a wireless provider to the City's Planning Division for submission to the Board of Adjustment. The request must specifically identify the provision requested to be varied, justification for requesting the variance, 13 and the proposed solution as a result of the variance. A request for variance or waiver shall be heard expeditiously by the Board of Adjustment at the first available regular meeting after the request is received. The request will be considered according to the normal rules and procedures of the Board of Zoning Adjustments and shall afford the requestor the right to present evidence and testimony that shall be considered in any final determination. (2) An applicant may appeal to the Board of Adjustment a decision or interpretation made in the Administrative Review process by the Zoning and Development Administrator. Appeals shall follow the procedure set forth in Section 155.02 of the Unified Development Code. (3) Findings and Determinations. The Board of Zoning Adjustment shall make findings of fact and determinations as are necessary to: (1) fulfill the intent of this regulation; (2) prevent the prohibition of wireless service; and (3) otherwise comply with the law; provided that, the Board of Zoning Adjustment shall not make any finding or determination contrary to applicable codes. (Q)Pedestrian access and safety. All facilities shall be installed in such a manner not to impede, restrict, or adversely impact pedestrian or vehicular safety or convenience, or violate any provision of the Americans with Disabilities Act. (R) Emergency removal or relocation of facilities. The City retains the right to cut or move any facility located within its rights-of-way as the City, in its sole discretion, may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. City shall notify the provider after cutting or removing any facility within its rights-of-way. If circumstances permit, the City shall notify the provider in advance of any cutting or removal and give the provider an opportunity to move its own facilities. (S) Violations. (1) Notice. If pole, wireless support structure, or small wireless facility is installed, used, or maintained in violation of this regulation and such violation does not pose a potential emergency, City shall provide notice of the violation to the owner. Notice may be provided by any written or electronic form, so long as notice is documented and received. If the owner is unknown (such as, an unauthorized installation), notice shall be made by conspicuously posting the same on the pole, wireless support structure, small wireless facility or other suitable place in proximity to the pole, wireless support structure or small wireless facility for a period of thirty (30) days. (2) Remedies. if the owner of a pole, wireless support structure, or small wireless facility neglects, refuses, or otherwise fails to cure a violation within thirty (30) days from receipt of notice of the violation fi-om the City, the following remedies shall apply: (a) Continuing violation fees. Any person who installs, uses or maintains a pole, wireless support structure, or small wireless facility in violation of this regulation atter having received notice thereof for a period of more than thirty (30) days shall be subject to assessment of a continuing violation fee as shown in Appendix A to recover the City's costs associated investigating, monitoring, and resolving the violation. In (b) Self-help. After sixty (60) days has elapsed after providing notice of a violation to the owner of a pole, wireless support structure, or small wireless facility, City may take such corrective measures as are reasonably warranted to resolve the violation and the owner shall be responsible for the actual and documented costs incurred by the City, including overhead. (c) Remedies not exclusive. The remedies provided in this section are in addition to every other legal and equitable remedy available to the City. (3) Exceptions. In the event City or another attaching entity prevents the owner of a pole, wireless support structure, or small wireless facility from correcting a non- emergency violation, the timeframe for correcting such violation shall be extended one day for each day the owner was so delayed. No wireless provider will be responsible for any fee or cost associated with violations caused by other entities that are not affiliated with them or acting under their direction. In all circumstances, attaching entities and City will work together to maximize safety while minimizing the cost of correcting deficiencies, but the entity responsible for the violation will be responsible for the actual and documented cost of any necessary or appropriate corrective measures, including without limitation, removal and replacement of a pole, transfers or other such work. (4) Notice of Completion. Wireless providers shall provide timely written notification to City upon completion of work necessary to correct a violation or deficiency. All applicable daily penalties and fees will continue to accrue until City's receipt of such notice of completion. Notice of completion shall be delivered by the same means as the notice of violation was received from City. (T) Liability and Indemnification (1) Liability. City reserves to itself the right to maintain and operate its poles and facilities in the manner that will best enable City to fulfill its service requirements. As a condition of every permit, wireless providers must agree that its use of City's poles and facilities is at the sole risk of the wireless provider. Notwithstanding the foregoing, City shall seek to exercise reasonable precaution to avoid damaging small wireless facilities and report to wireless providers the occurrence of any such damage caused by its employees, agents or contractors (2) Indemnification. As a condition of every permit, wireless providers, as well as their agents, contractors, and subcontractors, ("wireless provider indemnitors") shall be required to defend, indemnify, and hold harmless City and its respective officers, board members, council members, representatives, employees, and agents against any and all claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, fines, taxes, special charges by others, penalties, payments (including payments made by City under any workers' compensation laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorney's fees of City and all other costs and expenses of litigation) ("covered claims") arising in any way or in connection with the negligence of the wireless provider or their officers, directors, employees, agents, contractors, or subcontractors, except when caused by the sole negligence of City, or their respective officers, board members, council a members, representatives, employees, and agents. Covered claims shall include, but are not limited to, the following: (a) Communication -based torts. Intellectual property infringement, libel and slander, trespass, unauthorized use of television or radio broadcast programs and other program material, and infringement of patents; (b) Local compliance. Cost of work performed by City that was necessitated by a wireless provider's failure, or the failure of a wireless provider's officers, directors, employees, agents, contractors, or subcontractors to install, maintain, use, transfer, or remove their small wireless facilities in accordance with the requirements and specifications of this regulation, or from any other work this regulation authorizes City to perform on behalf of a wireless provider; (c) Harm to persons or property. Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by a wireless provider, or its agents, contractors, or subcontractors, pursuant to this regulation; (d) Regulatory violations. Liabilities incurred as a result of a wireless provider's violation, or a violation by a wireless provider's officers, directors, employees, agents, contractors, or subcontractors of any law, rule, or regulation of the United States, any state, or any other governmental entity or administrative agency. (e) Environmental harm. Environmental harm arising from or due to the release, threatened release or storage of hazardous substances on, under, or around City's rights-of-way, poles or facilities attributable to a wireless provider indemnitor. (U)Insurance. All providers receiving permits pursuant to this chapter shall have in effect at all times the following minimum insurance coverage: (a) 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; (b) 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 (c) Workers' compensation coverage as required by law. (d) A provider shall not be self-insured unless it provides evidence, according to an independent audit or report of net assets of at least five hundred million dollars ($500,000,000.00), including the assets of its affiliates. In the event a wireless provider elects to self -insure one or more obligations under this regulation, the following conditions apply: (i) City shall promptly and no later than thirty (30) days after notice thereof provide wireless provider with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide wireless provider with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, orthe like; (ii) City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of wireless 16 provider; and (iii) City shall fully cooperate with wireless provider in the defense of the claim, demand, lawsuit, or the like. A wireless provider that self -insures shall immediately notify City of any change in its self- insured status as to any required coverage and of any change in the ability of the wireless provider to cover the risk of loss under this regulation. (e) Qualification; Priority; Contractors' Coverage. Insurance required by this subsection must be provided by an insurer that is eligible to do business in Arkansas and have an "A minus" or better rating in Best's Guide. Such required insurance will be primary. All contractors and all of their subcontractors who perform work on behalf of a wireless provider shall carry workers' compensation and employers' liability, commercial general liability, and automobile liability insurance coverages of the type that wireless providers are required to obtain under this subsection with reasonable and prudent limits. (f) Certificate of Insurance; Other Requirements. As a condition of every permit, wireless providers will furnish City with a certificate of insurance ("certificate"). City shall be given thirty (30) calendar days advance notice of cancellation or nonrenewal of required insurance if not replaced during the term of this regulation. All policies, other than workers' compensation, shall be written on an occurrence and not on a claims -made basis. Policies may be written with deductibles or self- insured retentions. Upon request, wireless service providers shall obtain certificates from its agents, contractors, and their subcontractors working hereunder and provide a copy of such certificates to City. (g) Prohibited Exclusions. No policies of insurance required to be obtained by a wireless provider or its contractors or subcontractors shall contain provisions that: (1) exclude coverage of liability assumed by this regulation with City except as to infringement of patents or copyrights or for libel and slander in program material, (2) exclude coverage of liability arising from excavating, collapse, or underground work, (3) exclude coverage for injuries to City's employees or agents, or (4) exclude coverage of liability for injuries or damages caused by the wireless provider's contractors or the contractors' employees, or agents. (h) Deductible/Self-insurance Retention Amounts. Wireless providers shall be responsible for any deductible or self-insured retention amounts contained in their insurance or for any deficiencies in the amounts of insurance maintained. (V)Bonding. All providers shall comply with the bonding requirements set forth in § 158.02 of the Unified Development Code as applicable. (W) Assignment. (1) Limitations on Assignment. Wireless providers shall not assign any permits granted under this regulation, nor any part of such permits, without the prior written consent of City, which consent shall not be unreasonably withheld; 17 provided, however, a wireless provider may assign its rights and obligations to an affiliate without consent upon prior written notice to City. (2) Obligations of Assignee/Transferee and Permittee. No assignment or transfer under this subsection shall be allowed until the assignee or transferee becomes a signatory to the permit issued under this regulation and assumes all associated obligations arising under this regulation. Wireless providers who seek to assign or transfer a permit shall furnish City with prior written notice of the transfer or assignment, together with the name and address of the transferee or assignee. (3) Sub -permitting. Permit holders shall not sub -permit, sub -license, lease, or otherwise allow a third party to place attachments on City's poles or structures, except the authorized use of small wireless facilities by third parties that involves no additional attachment. (X) Severability. If any provision or portion thereof of this regulation is or becomes invalid under any applicable statute or rule of law, and such invalidity does not materially alter the essence of this regulation to either party, such provision shall not render unenforceable this entire regulation. Rather, the parties intend that the remaining provisions shall be administered as if the regulation did not include the invalid provision. 18 Small Cell Ordinance Substantive Changes Even though the federal and state regulations substantially weakened our own ability to regulate the deployment of this technology we believe these amendments accomplish the following things: 1. We are protecting our residents' private property rights to the extent permitted by the federal and state regulations. 2. We are preserving to the extent possible our previously established aesthetic standards through an emphasis on collocation and camouflaging/stealthing. 3. We are strengthening the safety and construction requirements to ensure that the way these providers are deploying this technology provides a safe environment for residents, users of the public rights of way, City employees, and utilities operating within these rights of way. 4. We are giving providers robust variance and appeal processes: a. Layer 1 - significant discretion by the Administrator primarily considering technical issues and granting administrative variances based on technical infeasibility and undue hardship with respect to costs. b. Layer 2 - Variances not heard or granted by the Administrator and appeals of Administrator's decisions will be heard by the Board of Adjustment. • 110.03(A) - Amendment deletes nearly all definitions, with the exception of "Administrative Review" and "Stealth technology" and defers to the definitions set forth in the Arkansas Small Wireless Facility Deployment Act. State law now defines "right of way" as including public utility easements. • 110.03(C) - Removed the batching requirement — state law allows providers to apply for as many facilities and poles as they want at any time. • 110.03(D) — Requires an applicant to provide documentation to the administrator to establish the structural soundness of the poles and facilities proposed. ■ 110.03(E) — Recognizes that micro -wireless facilities are exempt. These are small cell facilities attached to existing cables that are strung between existing poles. • 1 10.03(F) —Addresses types of permits and the permit duration. Authorizes a 10 -year permit with l0 -year renewals as long as the provider is in compliance. • 110.03(G) — this used to be subsection (E) and regulates the administrative approval process for collocated facilities within the public rights of way. o Significant change of the height regulations — current ordinance allows facilities to extend 5 feet above a current support structure (pole, building, etc.) with a variance of an additional 10 feet; the amendment complies with state law and allows 10% above the existing pole or structure or 50 feet above the ground, whichever is greater. o Previously we treated a replacement pole as an "existing structure" but state law treats them as new structures; all replacement pole language has been moved to subsection (H). o Additional requirements for collocation on City poles ■ Ensure access by City employees, no excessive power requirements, allow City to reserve space on poles. I 10.03(H) — this used to be section (F) and regulates the administrative approval process for new facilities in right of ways now including replacement poles. o Height limitations for new poles and facilities have been changed to fifty feet or 10% taller than the tallest pole within 300 feet in the right of way. Replacement poles are treated exactly the same and must be within 5 feet of the location of the original structures. o Camouflaging and stealth technology requirements are still the same but the applicant may request a variance because of technical infeasibility. o Retained our distance requirement for non-camo or non -stealth poles. o Added distance requirements for stealth and camo poles where streetlights are present (100 feet) and on streets where no streetlights are present the provider must align the new poles with other poles in that area. o Added setback and placement requirements to avoid obstructing the view of drivers and blocking occupied structures. o Changed the required information on applications to match the statutory requirements. o State law allows us to propose alternative locations in residential zoned areas within 100 feet of the applicant's proposed location; the City's alternative must be used unless it imposes technical limits or significant additional costs. • 110.03(I) — Governs application processing time frames which comply with the FCC order and state law regarding the permit review shot clock, denial of permits, and abandoned applications. o Current: 60 days processing time for all applications. o Proposed: 60 days for collocation; 90 days for new/replacement poles. • 110.03(J) — Adopted the application fees and annual rates set forth by Arkansas law. o Current: Application fee of $200 + $25/facility; annual fees of $250 for collocation and $50 for new poles/structures. o Proposed: Application fees of $100 for attachments to existing poles and $250 for new/replacement poles; annual fees of $30 for facilities in public right of way but $240 for facilities collocated on City poles. o Also provides for penalties for unauthorized attachments; re -inspection fees in the event of a failed initial inspection requiring another review; and late charges for late payments. • 110.03(M) — Establishes specifications for poles and facilities constructed or installed pursuant to this ordinance. o Installation, maintenance, tagging, interference, safety requirements, cut-off procedures, emergency contact information, and removal of nonfunctional attachments. • 11 0.03(N) —New provisions for make-ready work in the event a provider wants to attach to a City pole. • 110.03(0) — Establishes the permit expiration of one year unless construction or installation has been initiated. • 1 10.03(P) — Revisions to the appeals process and a new variance procedure. o Current ordinance provides for appeals to the City Council. o Amendment complies with state law and provides for both variance requests and appeals to be heard by the Board of Adjustment. • l 10.03(S) — Broadens and strengthens the City's ability to remedy and penalize violations of the ordinance. • 110.03(T)—New liability and indemnification provisions 0 l 10.03(U) — New and substantial insurance requirements • 1 10.03(V) — Providers must comply with the bonding requirements of the Unified Development Code. G� (J _/ -7z,./g August 20, 2019 G. Allen Hale 305 W. Lafayette St Fayetteville, AR 72701 Dear Sir or Madam: In addition to changing street segments of Vandeventer, Lafayette, and Church from paid - only to mixed-use parking, the City Parking Department's letter dated July 9, 2019 proposed the change in designation from residential -only to mixed-use parking on Lafayette from Campbell to Forrest. On behalf of the owners of the six properties located at 305 W Lafayette, I respectfully request that the three residential -only spaces (R 93, R 94, and R 95) located on the the south side of Lafayette between Campbell and Rollston not be changed to mixed-use parking (see attachment #1). Changing the spaces to mixed-use parking would create an undue risk and hardship on the owners, our families, and our guests. I understand, appreciate and support the Parking Department's efforts to increase available parking in underutilized areas. While the City's Parking Staff deals with all of Fayetteville and has been studying the parking situation for over two years, I have been studying the parking situation on Lafayette for the last 15 years - day, night, weekday, weekend, Homecoming, and Bikes, Blues, and BBQ! When my wife and I bought the condo on Lafayette, each of the six owners was deeded one parking space in the area adjoining the property on the east side. Although every owner had two cars, parking wasn't an issue. All of Lafayette was mixed-use. The University Baptist Church (UBC) owned two buildings and a huge parking lot on the corner of Campbell and Lafayette. Anyone could park there anytime (except on Sunday morning). FREE Parking! Billy Currington had a hit song on the country charts called 'People Are Crazy.' The last line of the chorus goes something like, "God is great; beer is good; and people are crazy." His sequel "People Are Lazy" never made it to #1 on the charts, but is a well known, documented fact. 'God is great' and I never thought that UBC would sell us out. But they did. When the construction started on the Sterling (now YOUnion) Apartments and the Church lot closed, parking on Lafayette (and in the North Zone of the Entertainment District) became a nightmare. 'Beer is good' on Dickson St and it didn't take people long to figure out that the shortest distance from Lafayette to Dickson was by parking in front of 305 W Lafayette - after all, 'people are lazy.' Fortunately, the City soon implemented its Entertainment District parking plan. We, like most residential areas within the designated area, were allocated residential - only parking spaces. As tax -paying home -owners, our much deserved spaces were protected. This was short-lived, as the residents of Sterling (a.k.a. YOUnion) were allowed access to 'residential' permits. Once again, the shortest distance between residential parking on Lafayette and the YOUnion Apartments [the real elephant in the room (and in the North Zone of the Entertainment District)] is in front of 305 W Lafayette! I have gone weeks unable to park in front of my own property - all because the 'residents' of the YOUnion are either too cheep to pay for apartment parking or too lazy to walk an extra 30 feet. Owners of our six properties range in age from 62 to 72. Because we're isolated between Campbell and Rollston; and, if one of our three spaces isn't available, we are forced to carry groceries, wheel elderly family members, and/or push grandkids in baby strollers across Lafayette, Campbell, and/or Rollston. I shouldn't have to remind you how dangerous it can be (for anyone at any age) attempting to cross busy streets with distracted or impaired drivers. To make matters worse, there are no crosswalks on Lafayette - no blinking lights to indicate pedestrian right of way. Here's the bottom line.... R 93, R 94, & R 95 is a unique, isolated situation. We're only asking for three of the more than 70 spaces that are to be designated as 'mixed- use.' This is small and insignificant in the overall scheme of things in the North Zone of the Entertainment District. Yet, keeping them 'residential -only' is meaningful and consequential to us. Keeping R 93, R 94, & R 95 'residential -only' is consistent with designated spaces on Rollston. Designation would conform with current markings on Rollston (see attached photo). As a veteran, as a tax payer, as a property owner and as a long time resident on W Lafayette, I respectfully request that the three residential -only spaces (R 93, R 94, and R 95) located on the the south side of Lafayette between Campbell and Rollston not be changed to mixed- use parking. If R 93, R 94, and R 95 are changed to mixed-use, our fear is that we will not have access to the three spaces in front of our properties before our kids move us to Butterfield Trail Village! Respectfully, G. Allen Hale LtCol USMC(Ret) Parking *4; Find address or place Q 1 -1 l� 476 8/17/19, 1:23 PM 210 206 202 112 5 4 3 445 W Mount Nord St 413 t 411 11 117 1' 306 1 210 1220 702 200 136 132 120 116 11. _ ,f"yette St � � � "aii mma �. =•ter 305 "141,1� 211 '`07 189 19197 195 193 201 199 305 0 O Sterling 353 V1 352 353 District 349 0 350 118 116 114 112 108 106 104 345 Apartments Z 347 346 376 341 340 341 129 125 121 117 129 107 339 337 334 335 333 330 250 226 224 222 1116 114 106 -mom Legacy Building 253 251 ^n �- 2001E City of Fayetteville, AR: https://maps.fayetteviIle-ar.gov/viewer/index.htm 11webmap=e9aa8a59892a48479f085778c9d3774c Page 1 of 1 ! I �' r • ^T� {.11''Y � � � � L � �rr" J � � l�r� � � � � � _ 1 j � '� . �3 � �_ � � r5 ],,"Y ��, ���r�; i` r!i! j„ Y� � �f� rk � `.i•m - I����� � �J4�. � ���' � �` .fit rc �� * 1+ � ' �� � "�f�' i � '•'� � � �, +' f J � � � � � � Qrjy P i � 1 y�i '"rte .d .w ,i�• ��' n _ " { + , •f PPP �1 � 10 [ � d*j r � -'� •. �f + V if �' 4 ., �' �. i ''4 � r ,T' - F { �n'S ^ «. a •yi r ON I" CityClerk From: CityClerk Sent: Tuesday, August 20, 2019 8:16 AM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; 'citycouncil@matthewpetty.org'; Marr, Don; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Henson, Pam; Mulford, Patti; Norton, Susan; Smith, Sondra; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Subject: FW: Proposal for Mixed Use Parking on Lafayette St Please send to council. Thanks. Patti From: Brandon Russell <bkrusse@gmail.com> Sent: Monday, August 19, 2019 9:00 PM To: Mayor <Mayor@fayetteville-ar.gov> Subject: Proposal for Mixed Use Parking on Lafayette St Mayor Lioneld Jordan, I own a property on Lafayette St in the entertainment district that currently has a residential parking program to protect parking for residential neighborhoods. The council is looking to change the parking to mixed used based on a parking study that indicated that the parking on Lafayette St is not always at full capacity. It is not ideal to base policy on one study as there are many factors that need to be considered. Here are a few points for consideration: • The study identified that, on average, the parking is only at roughly half capacity. As someone who has lived on the street for almost a decade I disagree with the study but there are usually open spaces. The problem with the recommendation of the study is that is recommended to turn all spaces to mixed use despite the fact that roughly half of them are still needed for the residents. A portion of Lafayette St is already paid parking. A better solution would be to see if there is an opportunity to allocate some spaces to mixed use while leaving others (as the study indicated residents were using) for the residents. • Due to the geography of Mt Nord there is a significant incline starting on properties on the north side of the street. This created the need for a —6 ft tall retaining wall. There is a historic stone wall running along most of the north portion of the street. Due to the wall and incline there are many properties that cannot have a driveway and have historically used the side of the street (where parking spots currently are) as their drive way. I counted 13 properties that do not have driveway access from Lafayette St. These are single family homes that rely on street parking as their only means of parking. • Consider this: It is Bikes Blues and BBQ and a parent who lives off Lafayette St gets off work, picks up 40lbs of groceries, picks up two kids and heads home. All the street parking is full of bikes and cars for 5 days straight. There is absolutely no option to park near the single family home. The parent has to drive a mile and pay $20 to park in a lot and then walk one mile with 40lbs of groceries and two kids in the middle of a motorcycle rally. There is a doctor's appointment in two hours for one of the kids. This is the reality of what would happen if the council passes this measure. Remember, these are single family homes not apartment complexes or commercial buildings. The parking dept. will still allow people to use residential passes but that does not help when there is no parking available. • Most of the homes off Lafayette are zoned NC or Neighborhood Conservation. The goal of this strict zoning is to preserve the nature of the historic neighborhood and to maintain a neighborhood feel. Implementing mixed parking in this area is inconsistent with the goal of its zoning. Rowdy people leaving Dickson St at 2 am walking to their car parked the middle of the neighborhood is not consistent with preserving a neighborhood feel. • There will be a significant impact to other streets that the parking study identified as being at full capacity. The study identified that, on average, roughly half of the residential parking spaces on Lafayette St. were occupied. That is still a significant amount of vehicles. In the event that the parking on Lafayette St is at capacity people with residential parking passes will overflow other streets that are under the residential parking program. Now you have a situation where other streets are beyond capacity. This is not fair to the people on those streets that rely on residential parking. Also note that it is likely that a number of people who rely on residential parking on Lafayette St will start parking on Mt Nord St in the heart of the historic district. There are also houses on Mt Nord St that solely rely on street parking. This is certainly not an ideal situation for residents in the historic district. It appears the parking study did not account for this. • This could make it much more difficult to rent or sell a property on Lafayette St. For properties that rely solely on street parking this could have a significant impact on rent/property value. This would be highly unfair to property owners who not only invested in downtown Fayetteville but the historic Mt Nord area. I know this is lengthy but there is a lot to consider here. When the city implemented the parking program almost a decade ago the residential parking program was implemented because the city identified the need to protect the parking in the residential districts. This is not a fair solution to the parking situation on Lafayette. Let's be proactive and come up with a better, fairer solution as opposed to being reactive down the line when this proposal does not work. I highly urge the council to not allow this measure to pass. I thank you for taking the time to read this and for your consideration. Please reach out with any questions. Best Regards, Brandon Russell 112 W Lafayette St CityClerk From: Mayor Sent: Tuesday, August 20, 2019 3:26 PM To: CityClerk Subject: FW: Opposed: Parking changes on Lafayette Please forward to council. Thanks. Patti -----Original Message ----- From: Sue Miller -Payton <suemiller_payton@hotmail.com> Sent: Tuesday, August 20, 2019 3:20 PM To: Mayor <Mayor@fayetteville-ar.gov> Subject: Opposed: Parking changes on Lafayette Dear Mayor Jordan, I oppose the proposed change in Lafayette from Residential to mixed use. The first accommodations should be to downtown residents and not to U of A students or revenue generation. I live a block away (111 Mt. Nord) and in the last 12 months we have seen an influx of students parking in the neighborhood. The UMC lot is usually full so people visiting Washington Elem. then join the other U of A students who now park on Mt. Nord. If Lafayette residents lose their parking they will also move up to Mt. Nord to park. Then where will we park? Our street is narrow(should probably be one way) and on multiple occasions is completely blocked by trucks and cars parking on both sides of the street. For the next 5 weeks it is completely blocked for repaving and we are using a residential guest pass for parking on Lafayette. I appreciate the challenges presented by the enrollment growth at U of A. I hope the city continues to push the university to move students to controlled remote parking options and not penalize downtown residents who need parking at their homes. Thank you, Sue Miller Payton Sent from my iPhone Sue Miller Payton Branson, Lisa From: CityClerk Sent: Tuesday, August 20, 2019 8:00 AM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; 'citycouncil@matthewpetty.org'; Marr, Don; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Henson, Pam; Mulford, Patti; Norton, Susan; Smith, Sondra; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Subject: FW: Residential Parking Expansion Agenda Item Attachments: Parking on Louise Street near Wilson Park; Petition.pdf, Ila Street Parking - Residential permit; FW: Residential permit -only parking; Neighborhood Parking; FW: ILA St Parking Attached are the emails that we have received to date concerning Agenda item C.B. I think you have received some of these already but please forward to City Council for tonight's discussion. Thank you, Justin Clay Parking Manager Parking Management Division City of Fayetteville, Arkansas 6clay@fayetteville-ar.gov T 479.575.8277 Website I Facebook I Twitter I Instagram I YouTube CITY OF FAV■Tr■VILL■ Branson, Lisa From: Missi Walker <missiwalker@att.net> Sent: Thursday, August 15, 2019 11:40 AM To: Clay, Justin Subject: Parking on Louise Street near Wilson Park Attachments: IMG_1334jpg; IMG_1333 jpg; IMG_1332jpg; IMG_1295 jpg; IMG_1335 jpg Good Morning Mr. Clay, My husband and I purchased a home at 405 Louise Street in June. We are currently remodeling and have not moved in yet. I'm writing because I have huge concerns over the parking along Louise now that University students are back. Our street is overrun with Pi Phi and Kappa Delta women who use this street as their parking lot. There is no method to the madness like having curbs or striped spaces so they could not park in any direction, on the grass, on the crosswalks/speedbumps, regardless of any "No Parking on this side of the Street" signs, they park on both sides as you can see in these photos. I actually called Fayetteville PD a had one of these cars towed that had been parked on the wrong side of the street on Vandeventer for 2 days so I know this is not being policed by the city. But my car could not get down Vandeventer for two days so I finally called. As I've met new neighbors I've been told that the city implemented Resident reserved parking on Ila but not Louise for a variety of reasons from " there are at least 5 lawyers, a judge lives on that street as does Mark Kinion, a local elected official to not enough of us on Louise complain "....I don't know (hope) that those are not the reasons. Can you tell me if there are plans to stripe and make Louise resident reserved parking like Ila is? What I'm hearing is that these two sororities used Ila, in the same way, overrunning the people who live there (and pay taxes in this city) so the city finally changed it. When that happened the sororities just bumped down to Louise and to the Park. I don't personally have anything against these young women or their organizations, but if they can afford to build homes that house 200-300 girls, it's on them to provide parking. In fact, the home we purchased had an offer from Kappa Delta to buy and tear down to make it their parking lot. The sellers wouldn't consider the offer because they did not want the house torn down. Our realtor joked that the city would have never let the property become a sorority parking lot, but basically, the city allows them to use this entire street as their parking lot? My husband and I own a business on Dickson Street and have for ten years. We encounter conversations all the time with people who have of essentially stopped coming downtown because of towing and parking and the meters that don't work ... so we have seen so many people who stopped coming to our business because of what they feel is the literal "over -policing" on Dickson Street, meanwhile we cant get out of our new driveway because College kids disregard signs, cant park properly and or don't care if they do park properly... and one street up- they do not have this problem? Perhaps the Parking Department could focus down here for a minute. I cannot come up with one reason why Louise would not or should not become the same type of Resident parking with tags? I'm hoping you will tell me it's in the works, just hasn't happened yet and when. I am attaching some photos just from Sunday through today so show you how the parking looks on a daily basis. You can see there are cars on both sides, regardless of "No Parking on this side" signs. The white car with Oklahoma plates had been there 2 days. Our block from Vandeventer to Wilson seems to be the only portion without curbing. It is gravel and some grass that must be mowed and maintained by us, however, we can't mow because of the cars. Why are there concrete curbs on Louise past our block to at least keep the kids from parking on the grass? I'll let you know that for 25 years I have always lived downtown, on Dickson, then another home on the other side of Wilson Park on West Prospect which also does not have this problem as Louise does. I understand that living and owning a business downtown comes with headaches. I get that. But I don't see any way the City can justify the parking situation on Ila to the one block down on our street. I don't understand why it is not curbed with concrete to keep parking off of the grass and why the parking is not at least timed? The cars I'm showing you here were there Sunday and still this morning. You can drive from Wilson to Park and see one sorority sticker after another on any day of the week at anytime and go by the next day and see the same cars. Can you please respond with plans the City has in the works to remedy this as I know I am not the only complaining citizen living on Louise. We've discussed bring this forward from our neighborhood group but I offered to email first and share the response. My number is 479-841-5420 or you can of course reply by email. Missi Walker, LEED-AP Redesign Specialist MODSY, Inc. Arkansas Registered Interior Designer #1022 479 841 5420 ----- Forwarded Message ----- From: Missi Walker <missiwalker@att.net> To: "missiwalker@att.net" <missiwalker@att.net> Sent: Thursday, August 15, 2019, 11:03:20 AM CDT Subject: Sent from my Phone , r ' y P A • - * - c ■ 60 Fr r :� �• er - �" "� �•'"r.1 �TOM I +l� JIB .... �'� � •-� • • � � r � � L 5 J +i �. � �� � Y ,p n �ti • ' •r P r Or Jr rr IL OL ax s �. C r t �•� ,ell '; ... $ 7 -. � - s ¶ - , � _ 1 �{ e y J a - - d J ��:.`. •, res >s [i.�'-e '� �" A � ~ �.w- � � � r. * r� F.*., �` •� e• , � �_ t �I + —ill dif , , � •� � � r w � �.'-Ir *,Jr r IP .]A�.ur �� - �y. '•t a �. - J � ._. �'s rte•-� `r. _ _ rt� � W r� _ _s s __ i _ _ � h '� T I' !t� � IIF - " In■ � � ■ � �■"�: V W � k i" dam' f1 t . J aY 1+1 `6 A IL Ao, ij jr 4• -ate— W J L - � W i 1u• - ■ W6 Poo e r � ■ i y � - ■ S S , `"'' i WWWWWWW�E Branson, Lisa From: dede peters <dedepictures@gmail.com> Sent: Monday, August 19, 2019 4:38 PM To: Bunch, Sarah; Gutierrez, Sonia; Kinion, Mark; Marsh, Sarah; Petty, Matthew; Scroggin, Sloan; Smith, Kyle; Turk, Teresa; Mayor Cc: Clay, Justin Subject: Neighborhood Parking Dear City Council members and Mayor Jordan, I lived in two different San Francisco neighborhoods that went from having no residential parking program (park all day long, no time limit) to residential permit parking programs. The program allows unlimited parking for verified year-round residents and various special programs for teachers, caregivers, etc. The visitor parking in the area is limited 2 -hour parking for non-residents and guests during a certain time period, usually weekdays, on business days. The 2 -hour (sometimes 4 -hour) parking limit seems to encourage brevity and car turnover while weeding out parkers who take advantage of convenient, free parking close to popular destination. There are several aspects of the program to take note of: • Permit fees: should be easy to get and inexpensive but not free. This encourages resident participation and self - policing. • Ticket fees: should be significant to discourage abuse ($5 ticket would not work) • Driveway and sidewalk parking rules: These should be identified and enforced in the beginning so people don't get used to parking in their driveway and blocking pedestrians. • Area perimeter: is extend the program farther than the "problem area." This is because visiting parkers will go one block over to avoid the permit are and then that block becomes congested. • Clear signage: I created some versions of neighborhood permit parking signage several years ago when the Fayetteville Fire Department noted problems related to fraternities and sororities located directly north of Maple, adjacent to campus. Permits are a sticker on the rear vehicle window or bumper so that parking control can easily see permits. In the old days, parking control used chalk (now illegal). The modern technology is something the City has planned for the future in its parking program plan — license plate recognition. No one I knew had issues with the permit parking program as a resident. I think if you asked other previous SF residents, they would tell you the same (for the neighborhood parking). As a visiting parker, it was great for me to run have lunch (parking for free a couple of streets over in the neighborhood, instead of on commercial street with meters) or meet with friends at their residences. https://www.sfmta.com/permits/residential-parking-permits-rpp -Dede Peters Ward 2 Sent from my iPhone PETITION The undersigned, all residents of Fayettevi lie, Arkansas, residing on Fest Ila Street and adjacent to West Iia in the loo and 200 flocks are opposed to the proposed plan to create an "Entertainment District residential only parking, in the 300 block of West Ila Street between Vandeventer and Shady and on 'Vandeventer between Maple and Louise. This proposal will create substantial parking and traffic issues in our neighborhood in the 100 and 200 blocks of West Ila. As an alternative we propose that the `Entertainment District residential parking only" designation include all of West Ila from Park Street on the east to Vandeventer on the Nest (identical to the present designation on the 400 [dock of 'West Ila between Vandeventer and Wilson). Further we request that this designation of "Entertainment District residential parking only" include the following boundarles: Maple on the South to Louise on the North and Dark on the east and 'Wilson on the West. We want to be treated with the same consideration and fairness that the present proposal provides the residents in the 400 black and the 300 block of West Ra. ,Also, the present parking challenge creates "one way" streets which are a hazard for residents and emergency vehicles. Signed this day, Sunday, August 18, 2019, NAME C� all-ZIA V\ 16244� ADDRESS e Af. CITY of FAYETTEV'ILLE ARKANSAS August 1�, (}1g e--� ('� +'< Justin Clay Parking Manager 1 1 3 W, Mountain St_ Fayetteville, AR 72701 Dear Wilson Park Neighbors: W� q0C_ We are writing to inform you that the Fayetteville City Council will be considering a parking proposal that affects streets in your neighborhood at their next meeting on Tuesday, August 2P. The meeting will be in the City Council Chambers (Room 219) in Fayetteville City Hall— 113 VV_ Mountain Street. The meeting will begin at 5'30 p.m., however the Parking item will he the next to last item on new business on the agenda r e expect the item to remain on the agenda on old business at the Council's next Meeting on September 3�. The proposal is to expand the Entertainment District residential permit -only parking zone to include Ila St. between Vandeventer Ave. and Shady Ave. and to include andeventer Ave_ between Maple St. and Louise St. More information about this item may be found on the City's website at: http'Jl w.fayetteville-ar.gov/ . dick on the "Meeting Agendas and Video" box in the middle of the page to access the August 2011 City Council Agenda_ We encourage you to attend these meetings or submit your comments in writing to the ity's Parking Division at; parking fayetto�llle-$f.0 Best Regards, Justin Clay Parking Manager Mailing Address' www.fayetteville-ar.gov 113 W. Mountain Street Fayetteville, Art 72701 Branson, Lisa From: Parking Sent: Tuesday, August 20, 2019 7:53 AM To: Clay, Justin Subject: FW: ILA St Parking Attachments: Ila -Sun -AM j pg In our parking email this morning. Christine Rea Account Clerk Parking Management Division City of Fayetteville, Arkansas T 479-575-8280 F 479.575.8250 Website I Facebook I Twitter I Youtube CITY 6111 PAYETr■MILL■ ARKANSAN From: Rolf Wilkin <rolfwilkin @gmail.com> Sent: Monday, August 19, 2019 10:05 PM To: Parking <parking@fayetteville-ar.gov> Subject: ILA St Parking To Whom It May Concern: I have lived at 318 W ILA St for 18 years. We chose our house because we love the Wilson Park neighborhood and the proximity to Dickson Street and the University. We enjoy having college professors, students and sorority members as our friends and neighbors. Virtually every sorority at the University of Arkansas has expanded in recent years. The most recent expansion that is closest to us is the Kappa Delta house located at 404 W Maple St. The old Kappa Delta house that was demolished in 2018 had about 16,000 square feet. The new Kappa Delta House, according to CDI Contractors is 40,000 square feet with 97 beds and a dining and chapter room that seats 300. http://www.cdicon.com/portfolio/prosect/162/kappa-delta-sorority-zeta-gamma-chapter-house The old house had around 58 parking spaces and the new house has 37 parking spaces (which includes at least 3 employee parking spaces.) The new Kappa Delta house has parking for just 1 out of 3 house residents and no parking for the other 200+ members. Pi Beta Phi Sorority (502 W Maple) located next door to Kappa Delta underwent a similar expansion a couple of years ago. Pi Beta Phi has 98 beds and 62 parking spaces- and dining and meeting space for around 300. Members of both sororities park on Vandeventer and both sides of ILA for days at a time, making street parking that is dangerously over capacity. 2 way travel is impossible and exiting out our drive way is dangerous due to limited Branson, Lisa From: Parking Sent: Monday, August 19, 2019 12:45 PM To: Clay, Justin Subject: FW: Residential permit -only parking FYI Christine Rea Account Clerk Parking Management Division City of Fayetteville, Arkansas T 479-575-8280 F 479.575.8250 Website I Facebook I Twitter I Youtube CIS`'r OP PAYETr■V►ILL■ From: Karm Prock <karmprock@gmail.com> Sent: Monday, August 19, 2019 12:04 PM To: Parking <parking@fayetteville-ar.gov> Subject: Residential permit -only parking I received your letter regarding parking proposals for residential permit -only parking for my neighborhood. I live at 325 W. Louise. Many times of the day and evening, some times for an entire weekend, students park in all the spaces in front of my home. There is, at this moment, a Jeep which has been there since Friday sometime during the day. This is a common occurrence. I have no spots other than my drive to park for my family and any visiting guests. At times, cars which have residential permit parking stickers from Ila Street have parked their cars in front of my home for the weekend, I suppose in order to give guests their reserved spots on Ila. I will try to attend the City Council meeting on August 20th and echo my request for residential permit -only parking zone for our street. Thanks for your consideration in this matter. Karm Prock 325 W. Louise Fayetteville, AR 72701 501-454-3361 I PETITION The undersigned, all residents of Fayetteville, Arkansas, residing on West Ila Street and adjacent to West Ila in the 100 and 200 blocks are opposed to the proposed plan to create an "Entertainment District residential only parking" in the 300 block of West Ila Street between Vandeventer and Shady and on Vandeventer between Maple and Louise. This proposal will create substantial parking and traffic issues in our neighborhood in the 100 and 200 blocks of West Ila. As an alternative we propose that the "Entertainment District residential parking only" designation include all of West Iia from Park Street on the east to Vandeventer on the West (identical to the present designation on the 400 block of West Ila between Vandeventer and Wilson). Further we request that this designation of "Entertainment District residential parking only" include the following boundaries: Maple on the South to Louise on the North and Park on the east and Wilson on the West. We want to be treated with the same consideration and fairness that the present proposal provides the residents in the 400 block and the 300 block of West Ila. Also, the present parking challenge creates "one way" streets which are a hazard for residents and emergency vehicles. Signed this day, Sunday, August 18, 2019. NAME ADDRESS sawn! s l.A+ � CityClerk From: Jackson, Sean M <seanjacksonl@verizon.com> Sent: Tuesday, August 20, 2019 4:59 PM To: Pennington, Blake Cc: CityClerk; Norton, Susan Subject: Re: Fayetteville Fwd: [E] FW: Agenda Session Walk On Attachments: Agenda Session Walk On AMEND § 110.03 SMALL CELL FACILITIES AND NETWORKS VZW comments.docx Blake, Thank you for replying and thank you for being agreeable to consider Verizon's input, even if that might not occur until a later date. I am attaching a redlined copy of your draft, but I would like to make note of a couple key points in this message. 1. Section H(1) states that, "The provisions of § 110.02(E), with the exception of §§ 110.02(E)(3) and (E)(10), shall govern the process of approval for the construction or installation of any new facilities within the public rights of way." This process should be governed by Ark. Code Ann. 23-17-510. 2. Section H, subsections (4)-(7) are all discriminatory against wireless providers to the extent that they don't apply to other utilities in the right-of-way. Ark. Code Ann. 23-17-508(b) states that, "Aesthetic standards adopted by an authority for small wireless facilities and associated poles shall meet the following requirements: (1) The aesthetic standards shall be: (A) Reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out -of -character deployments; (B) No more burdensome than those applied to other types of utility and communications infrastructure deployments. 3. Section H, subsections (8)(i) and (j) require Applicants to provide information not authorized by Ark. Code Ann. 23-17-510(d)(2) which details the information an authority may request in an application. 4. Section G(5) is not consistent with Ark. Code Ann. 23-17-510(d)(3)(B), "An authority shall not require: (B) The use of specific pole types or configurations when installing new or replacement poles." In addition, the word "camouflaged", as used without definition is vague. 5. The fees in Section J, subsections (5)-(7) are not authorized by statute. Ark. Code Ann. 23-17-511(b) reads, "An authority shall not require a wireless provider to pay any rates, fees, or compensation to the authority or other person other than what is expressly authorized by this subchapter for the right to use or occupy a right-of-way, for collocation of small wireless facilities on or in structures in the right-of-way, or for the installation, maintenance, modification, and replacement of associated poles in the right-of-way." 6. Sections H(8)(f) and V have bonding requirements not consistent with Ark. Code Ann. 23-17-516(d)(3). It is our wish that the City would delay enacting this ordinance until after we have had a chance to discuss, but we look forward to discussing our concerns whenever you deem it appropriate. Sondra, thank you for forwarding these comments to the Council members. Thank you, Sean P Sean M. Jackson Staff Counsel 600 Hidden Ridge/HQE04G14 Irving, Texas 75038 0 972.457.7010 1 M 682.220.4082 On Tue, Aug 20, 2019 at 2:05 PM Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: Good afternoon, Sean. We are asking the City Council to pass the ordinance tonight so any comments will need to be submitted to the City Clerk this afternoon if you would like those distributed to the City Council. We believe our ordinance substantially implements the provisions of the state statute so we are standing on what we have proposed at this time. We are willing to discuss amendments to the ordinance in the future so we certainly welcome all comments and suggestions. Thanks, Blake Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bpennin tg onkfayetteville-ar.gov From: Jackson, Sean M <sean.iacksonl@verizon.com> Sent: Tuesday, August 20, 2019 9:47 AM To: Pennington, Blake <bpennington@favetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; Norton, Susan <snorton @fayetteville-ar.gov> Subject: Fwd: Fayetteville Fwd: [E] FW: Agenda Session Walk On Blake, Sondra, I did not see your email below until yesterday. Do you have a deadline for accepting comments? I have redlined the draft, but I would like to review before forwarding to you. Also, I imagine the requested edits are more substantial than can be comfortably incorporated before a vote tonight (as AT&T's appear to be as well). Is there any possibility the City would consider delaying the vote to allow for better collaboration? Verizon's Legal and Government Affairs teams were unaware of the meeting last week. Please call my mobile or reply via email if you are available to discuss. Thank you, Sean 117!] Sean M. Jackson Staff Counsel 600 Hidden Ridge/HQE04G14 Irving, Texas 75038 O 972.457.7010 1 M 682.220.4082 ---------- Forwarded message --------- From: McKay, Shana Louise <shana.mckay@verizonwireless.com> Date: Fri, Aug 16, 2019 at 12:04 PM Subject: Fayetteville Fwd: [E] FW: Agenda Session Walk On To: Sean M Jackson <sean.iacksonl@verizon.com> Cc: Cierra Merino <cierra.merino@verizonwireless.com>, Loughridge, Sandra K <sandra.lough ridge @verizonwireless.com> Hi Sean, I hope all is well! Per our conversation a few weeks ago regarding Fayetteville ordinance, I wanted to forward an email I received regarding the amendment to the existing ordinance. It looks like to session next week, but I thought we could take a look at this together if you have time. I'll look at your calendar and put a quick call together. 93 provided, however, a wireless provider may assign its rights and obligations to an affiliate without consent (2) Obligations of Assignee/Transferee and Permittee. No assignment or transfer- tinder ransf- ~aer this ,•,.seetion ..hall be allowed nti '' An assignee or transferee woeomos a sigRatei=)--to the permit issued under this regulation ard—shall assumes all associated obligations arising under this regulation. Wireless providers who seek to assign or transfer a permit to a non-affiliated entity shall furnish City with prior written notice of the transfer or assignment, together with the name and address of the transferee or assignee. (3) Sub-permitting. Permit holders shall not sub-permit, sub-license, lease, or otherwise allow a third party to place attachments on City's poles or structures, except the authorized use of small wireless facilities by third parties that involves no additional attachment. (X) Severability. If any provision or portion thereof of this regulation is or becomes invalid under any applicable statute or rule of law, and such invalidity does not materially alter the essence of this regulation to either party, such provision shall not render unenforceable this entire regulation. Rather, the parties intend that the remaining provisions shall be administered as if the regulation did not include the invalid provision. 18 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, August 13, 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: Agenda Additions A. Consent: A. 1 2019-0014 APPROVAL OF THE AUGUST 6, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0467 AMEND RESOLUTION 149-19: August 13, 2019 A RESOLUTION TO AMEND RESOLUTION 149-19 TO CORRECT THE VENDOR FROM STEVE LANDERS OF SILOAM SPRINGS TO SUPERIOR CHEVROLET OF SILOAM SPRINGS FOR THE PURCHASE OF A DODGE RAM 1500 QUAD CAB 4X4 TRUCK A.3 2019-0461 YRCC KIDS NITE AFTERSCHOOL PROGRAM: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $5,808.00 RECOGNIZING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR THE YRCC KIDS NITE AFTERSCHOOL PROGRAM City of Fayetteville, Arkansas Page 2 Printed on 8/8/2019 City Council Agenda Session Agenda Session Tentative Agenda A. 5 A. 6 A. 7 2019-0464 FAYETTEVILLE SCHOOL DISTRICT RENEWED AGREEMENT HOLCOMB ELEMENTARY SCHOOL GYM: August 13, 2019 A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE HOLCOMB ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS 2019-0465 FAYETTEVILLE SCHOOL DISTRICT RENEWED AGREEMENT VANDERGRIFF ELEMENTARY SCHOOL GYM: A RESOLUTION TO APPROVE THE RENEWED AGREEMENT WITH FAYETTEVILLE SCHOOL DISTRICT TO MANAGE, MAINTAIN AND OPERATE THE VANDERGRIFF ELEMENTARY SCHOOL GYM FOR TEN YEARS WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL TEN YEARS 2019-0468 ELIZABETH RICHARDSON CENTER LEASE AGREEMENT: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE ELIZABETH RICHARDSON CENTER FOR PROPERTY LOCATED AT 2190 SOUTH RAZORBACK ROAD PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITY LEASE PROGRAM 2019-0472 CITY OF WEST FORK CONVEYANCE OF UTILITY EASEMENTS: A RESOLUTION TO AUTHORIZE THE CONVEYANCE OF UTILITY EASEMENTS TO THE CITY OF WEST FORK FOR THE INSTALLATION OF SEWER LINES REQUIRED FOR THE TREATMENT OF WEST FORK SEWERAGE AT THE NOLAND WASTEWATER TREATMENT FACILITY City of Fayetteville, Arkansas Page 3 Printed on 8/8/2019 City Council Agenda Session Agenda Session Tentative Agenda B. Unfinished Business: B.1 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: August 13, 2019 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 At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. C. New Business: C. 1 2019-0462 RZN 19-6716 (EAST OF 3638 N. FRONT ST./TRAILS AT MUD CREEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6716 FOR APPROXIMATELY 10.43 ACRES LOCATED EAST OF 3638 NORTH FRONT STREET FROM C-2, THOROUGHFARE COMMERCIAL AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas Page 4 Printed on 8/8/2019 City Council Agenda Session Agenda Session Tentative Agenda C. 2 C. 3 C. 4 2019-0460 RZN 19-6732 (SW OF E. ROCK ST. & MILL AVE./SOUTHERN BROTHERS CONSTRUCTION): August 13, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6732 FOR APPROXIMATELY .31 ACRES LOCATED SOUTHWEST OF EAST ROCK STREET AND SOUTH MILL AVENUE FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN 2019-0459 RZN 19-6737 (4195 & 4245 W. MARTIN LUTHER KING BLVD./HANCOCK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6737 FOR APPROXIMATELY 1.81 ACRES LOCATED AT 4195 AND 4245 WEST MARTIN LUTHER KING BOULEVARD FROM R -O, RESIDENTIAL OFFICE TO UT, URBAN THOROUGHFARE 2019-0458 RZN 19-6744 (SE OF 15TH ST. & RAZORBACK RD./JOHNSON-LOONEY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6744 FOR APPROXIMATELY 2.28 ACRES LOCATED SOUTHEAST OF 15TH STREET AND RAZORBACK ROAD FROM UT, URBAN THOROUGHFARE AND NS -L, NEIGHBORHOOD SERVICES -LIMITED TO UT, URBAN THOROUGHFARE, RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND NS -G, NIEGHBORHOOD SERVICES -GENERAL City of Fayetteville, Arkansas Page 5 Printed on 8/8/2019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0461 Agenda Date: 8/20/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 3 YRCC KIDS NITE AFTERSCHOOL PROGRAM: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $5,808.00 RECOGNIZING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR THE YRCC KIDS NITE AFTERSCHOOL PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $5,808.00 recognizing funds from the Community Development Block Grant projects for the YRCC Kids Nite Afterschool Program for the fall 2019 semester. City of Fayetteville, Arkansas Page 1 Printed on 8/8/2019 City of Fayetteville Staff Review Form 2019-0461 Legistar File ID 8/20/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tenisha Gist 7/31/2019 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Budget Adjustment to recognize funds from the Community Development Block Grant (CDBG) Projects for staff support of the YRCC Kids Nite Afterschool program in the amount of $5,808 for the fall semester of 2019. Budget Impact: 1010.520.5280-5130.00 General Account Number Fund 31901 YRCC Kids Night CDBG Grant Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 5,808.00 Remaining Budget 5,808.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 163-19 Change Order Number: Approval Date 7-1 A-701 g Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Jordan Don Marr, Chief of Staff CITY COUNCIL MEMO THRU: Connie Edmonston, Parks & Recreation Director Tiffany Hoover, Assistant Recreation Superintendent FROM: Tenisha Gist, YRCC Director DATE: July 31, 2019 SUBJECT: Approval of a Budget Adjustment to recognize funds from the Community Development Block Grant (CDBG) Projects for staff support of the YRCC Kids Nite Afterschool program in the amount of $5,808 for the fall semester of 2019. RECOMMENDATION: Approval of a Budget Adjustment to recognize funds from the Community Development Block Grant (CDBG) Projects for staff support of the YRCC Kids Nite Afterschool program in the amount of $5,808 for the fall semester of 2019. BACKGROUND: Kids' Nite provides 35 youth, K -7th grade, with access to mentors, tutors, academic resources (computers, books, supplies, etc.), life skills, and educational programming that promotes cultural awareness, healthy cooking and eating habits, STEM education, physical activity, and more. The YRCC Kids Nite Afterschool program is offered from 3:30 - 6:00 p.m. Monday through Friday during the academic school year. DISCUSSION: In August of 2018, YRCC applied to receive grant funding to support a temp agency hired staff to assist with Kids Nite Afterschool program for the fall 2019 semester. It was announced in September 2018 that YRCC was awarded $5,808. On July 16th, 2019 the CDBG action plan was approved by City Council in Resolution 163-19. BUDGET/STAFF IMPACT: Staff to operate Kids' Nite consists of one part-time staff at 24 hours/week, volunteers and interns, and the addition of the temp staff provided by the CDBG grant. Friends of YRCC non- profit board contributes $2,000 for the programming budget for Kids' Nite. The staffing hours provided by the 16 -week CBDG grant is 440 hours at $13.20 temp rate for a total grant of $5,808. Attachments: Staff Review Form CDBG Grant Award Letter CDBG GY2019 Grant Application Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701