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HomeMy WebLinkAbout2019-07-16 - Minutes -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 July 16, 2019 City Council Meeting Minutes July 16, 2019 Page 1 of 21 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 16, 2019 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance N'lavor's Announcements Proclamations and Recognitions: None City Council Meetintz Presentations, Reports and Discussion Items Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agea(la Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 2 of 21 Consent: Approval of the June 18, 2019 and July 2, 2019 City Council Meeting Minutes. Approved 2019 Community Development Block Grant: A resolution to approve the 2019 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG agreement for 2019 in the amount of $702,439.00 when received, and to approve a budget adjustment. Resolution 163-19 as recorded in the office of the City Clerk Community Development Block Grant Program Income: A resolution to approve a budget adjustment in the total amount of $2,047.00 representing Community Development Block Grant program income received from a lien payoff and donations from citizens and local businesses. Resolution 164-19 as recorded in the office of the City Clerk RFP 19-29 American Soccer Company Inc. d/b/a Score Sports: A resolution to award RFP 19- 29 and authorize a contract for the purchase of youth soccer uniforms from American Soccer Company Inc. d/b/a Score Sports in the amount of $12.10 plus applicable taxes per uniform for the Fall 2019 and Spring 2020 seasons with an option to renew for up to four additional one-year terms. Resolution 165-19 as recorded in the office of the City Clerk Crossland Construction Company, Inc. Change Order No. 4: A resolution to approve Change Order No. 4 to the contract with Crossland Construction Company, Inc. in the amount of $2,575,959.00 for additional trade packages associated with the Fayetteville Public Library Expansion Project, and to approve a project contingency of 14.5% to be held by the Fayetteville Public Library. Resolution 166-19 as recorded in the office of the City Clerk Crafton, Tull & Associates, Inc.: A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ #19-01, in the total amount of $110,400.00 for street, drainage and waterline design services for a portion of the Rupple Road Project. Resolution 167-19 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #14-01, in the total amount of $167,610.00 for updated street, drainage and water line design services for the Zion Road — Vantage to Crossover Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 3 of 21 Resolution 168-19 as recorded in the office of the City Clerk Arkansas Historic Preservation Program: A resolution to authorize a contract with the Arkansas Historic Preservation Program for acceptance of a Certified Local Government grant in the amount of $790.00 to pay for travel and training expenses, and to approve a budget adjustment. Resolution 169-19 as recorded in the office of the City Clerk Multi -Craft Contractors, Inc.: A resolution to approve a contract with Multi -Craft Contractors, Inc., pursuant to Resolution 163-16, for repairs to the drainage system at the City Transfer Station in the amount of $67,364.00, and to approve a project contingency in the amount of $6,124.00. Resolution 170-19 as recorded in the office of the City Clerk Automatic Engineering: A resolution to accept a quote in the amount of $16,537.39 plus applicable taxes and freight charges from Automatic Engineering for the replacement of a mixer used at the Paul R. Noland Wastewater Treatment Facility, and to approve a budget adjustment. Resolution 171-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Tree Preservation Easement: A resolution to approve the vacation and abolishment of a tree preservation easement dedicated as part of the Large Scale Development for the construction of the JD China Restaurant on Martin Luther King Boulevard in 2001, contingent on the dedication of two replacement tree preservation easements totaling approximately 1 acre. At the June 18, 2019 City Council Meeting this item was tabled to the July 16, 2019 City Council Meeting. John Scott, Urban Forester gave a brief description of the resolution. He stated the applicant is requesting for the item to be tabled to allow more time to work on a proposal for City Council. Council Member Marsh: Did they state a time frame that they would like for it to be tabled? John Scott: They did not. Council Member Turk: The offsite tree preservation areas that are proposed, I don't recall seeing if there was a stream side ordinance that would've protected those anyway. Could you provide that information? John Scott: I can do that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 4 of 21 Council Member Marsh moved to table the item indefinitely. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Amend §31.45(C) Duties of the Fayetteville City Code: An ordinance to amend §31.45(C) Duties of the Fayetteville City Code to affirm that the City Prosecutor has the traditional inherent power to exercise discretion to dismiss most misdemeanor criminal cases. At the July 2, 2019 City Council Meeting this item was left on the first reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Stephen Coger, 2317 Yvonne Drive, Arkansas Justice Collective Citizen thanked Council for their work. He spoke in favor of the ordinance. John Comstock, 22 Ravenshoe in Rogers, AR stated he is an Attorney and a former Circuit Judge in Benton County. He spoke about the ethical responsibilities of a Prosecutor and filing of charges. Monique Jones, 2620 North Westminster stated she is the President of the Northwest Arkansas NAACP. She stated some people get caught up in the wrong place and they all don't have to be prosecuted. She stated a pre -diversion program is a good recommendation. Madelyn Porta, Citizen stated the ordinance is in keeping with the 2008 ordinance that marijuana should be the lowest law enforcement priority. She spoke in favor of the ordinance. Council Member Petty stated this is a good first step towards a series of actions taken. He stated he's interested in investigating a pre -diversion program and other procedures that might be implemented. He spoke about overall number of enforcement actions and disproportionally of race. He spoke about a workshop he attended on race that impacted his way of thinking. He stated it is critical that they take this opportunity to study the data and benchmark themselves with a diligent approach and effort. He stated they can't have a policy of defending disproportionality in any data they have at the city that shows it. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: Thank you to Council Member Kinion for sponsoring this. I wrote a memo about this before he sponsored it. I thought the City Council should consider this because there's a state law that says that my office will follow the duties as prescribed by Council. One of those duties in the Fayetteville Code said to prosecute all cases whether civil or misdemeanor criminal cases. I talked about the traditional inherent power of the City Prosecutor, but if we are looking at doing something apparently contradictory to what the duties are, I shouldn't do that on 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 5 of 21 my own. I should instead bring it to the Council for your discussion. I hope you will pass it. This assures that what the City Prosecutor has been doing in some cases will be continued and more expanded. Mayor Jordan apologized to anyone in the city who has ever felt marginalized or discriminated against. He stated he takes responsibility of the security and safety of residents. He spoke about national issues such as racial, socioeconomic, gender, and immigrant equality. He stated he understands the principles of cultural racism. He stated he commits to ensure that the City of Fayetteville does not ever sponsor systems that support any type of inequality. He stated he met with Police Chief Tabor in early 2019 about the city's marijuana enforcement numbers and he met with some citizens groups. He spoke briefly about the actions and recommendations he has taken since the first of the year. He spoke about cultural racism and bias. He stated we can all continue to learn about and become more aware of our understanding in this important issue. He stated he wants the culture of the city to believe in continuous improvement and always seeking ways to be their very best. He spoke respectfully about the Police Department and their dedication to safety and service. He stated the Police Department is trained to not target or profile anyone. He stated if he ever finds inappropriate behavior he will take proper action to correct it. He spoke about his endeavors to do better for everyone in the community. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6204 as Recorded in the office of the City Clerk Enact Chapter 75 Electric Motorized Scooters and Scooter -Share Programs: An ordinance to enact Chapter 75 Electric Motorized Scooters and Scooter -Share Programs. At the July 2, 2019 City Council Meeting this item was left on the first reading. City Attorney Kit Williams stated Assistant City Attorney Blake Pennington and Peter Nierengarten worked on an amendment as requested by Council at the last meeting. Peter Nierengarten, Environmental Director gave a summary of the proposed six changes for approval as described in Exhibit A of the ordinance. City Attorney Kit Williams: I suggest if these are consensual changes, you deal with them in a group. If there are further changes, we will deal with that. If they aren't consensual, we will have to deal with them individually. Council Member Petty: I am in favor of all the changes, including the reduction and initial amount that's permitted. I like that there is some guidance about when the number that is permitted might be increased or when it isn't wise to do that. I like that it gives staff the ability to evaluate it objectively, rather than coming back to the Council for every little change. Council Member Turk stated she would like the number to be reduced from 500 to 250 and would like bike helmets to be added. She stated in 1.5 years there has been nine deaths attributed 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 6 of 21 to rented scooter injuries. She stated the CDC said that many scooter injuries could be prevented by wearing a helmet. She requested for those changes to be made. City Attorney Kit Williams: If we aren't going to pass the proposed amendments initially, then you need to make a motion to amend. First, I would like to have a motion to amend the current ordinance to Exhibit A. Then after that, you can make a motion to amend that motion. Council Member Smith: Are we prepared to identify the sections for individual amendments, when some of them are in different places? How hard is it going to be for us to pick those apart? Assistant City Attorney Blake Pennington: We can do those as you go along. If there are specific changes, we will go back and insert those tonight or tomorrow morning. We need to make sure it matches with the intent of the Council and the exact language you propose. Council Member Scroggin made a motion to amend Exhibit A as presented by city staff. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-1. Council Members Scroggin, Bunch, Turk, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Smith voting no. Council Member Turk spoke briefly about reducing the number of scooters from 500 to 250. She stated she prefers to start very slow so mistakes can be corrected. There was a brief discussion about the proposed amendment wording. Council Member Turk made a motion to amend the number of scooters from 500 to 250. The motion died for lack of a second. Council Member Turk spoke about helmet safety. Council Member Smith: Are you intending this for private ownership as well? Council Member Turk: It would just be for the leased ones. Council Member Marsh: I am not in support of this proposed amendment. We live in a state that doesn't even require helmets for a motorcycle. In municipalities that tried helmet laws with their bike share programs had very low adoption of bike shares. One of the advantages of these scooters is they are a last mile solution when you get off transit. It's asking too much to have a person carry a bike helmet with them throughout the whole day. This will be a barrier to the success of the program. This is an opportunity to have a functioning system that helps with our transit issues. Council Member Bunch: With our bike share program, we do not require helmets. Is that correct? Peter Nierengarten: That is correct. We also do not require helmets for private bicycle riders. Placing the requirement on the scooter share operators to require helmets for users will probably have very low compliance. This would create a challenging enforcement for the city and create universal non-compliance issues. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 7 of 21 Council Member Bunch: I'm all for safety, but enforceability of helmets will be almost impossible. Our biggest challenge will be trying to get people to ride them in the places we want and not on the sidewalks. I'm not in favor of the helmet addition. Council Member Smith spoke about bicycle safety when not wearing a helmet. He stated he wants to put the nine scooter deaths in perspective because many people are killed in vehicular accidents every day, while encased in a vehicle. He spoke in opposition of the helmet addition. Council Member Petty spoke about studies conducted in 2015. He stated it found that people who were on a bike wearing a helmet behaved more aggressively than they did whenever they weren't wearing a helmet. He spoke about drivers passing cyclist with less of a gap with their vehicles if the cyclist was wearing a helmet. Council Member Turk: Sounds like I am not getting much support. I should have looked up our injury rate for un -helmeted motorcyclist in Arkansas compared to other states. I suspect it is much higher than in other states. We should start out cautiously. If this program is as good as it's touted to be, it's going to be successful whether you require a helmet or not. Council Member Turk made a motion to amend that bike helmets be required for leased scooters. Council Member Gutierrez seconded the motion. Upon roll call the motion failed 3-5. Council Members Turk, Gutierrez, and Kinion voting yes. Council Members Scroggin, Bunch, Smith, Marsh, and Petty voting no. Council Member Turk: In 75.13 B discussed a valid certificate of insurance shall be submitted at the time of issuance of the permit after 10 days. Why not have it submitted at the time of application? To make sure these companies are valid, you would want to require that immediately. Assistant City Attorney Blake Pennington: Sure. I don't think we would have any objections to either the time of the application or prior to the issuance of permits. One of the changes was to separate the application fee from scooter fee. Another option to consider is saying that prior to issuance of the permits. Once a company is approved, we can say send us your check for your scooter fee and send in your certificate of insurance. Council Member Turk: That sounds good. I would like to amend to what Blake said. Assistant City Attorney Blake Pennington read the proposed amendment. Council Member Scroggin: Is there any financial burden by moving this before they are approved? Assistant City Attorney Blake Pennington: It wouldn't be prior to approval. It would go through staff review. If we determine it meets all the requirements of the ordinance, they'll be approved. They also have to pay for the scooter fees and get the certificate of issuance to us before we issue the permits. Council Member Scroggin: There's no risk to pay a premium on some insurance policy? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 8 of 21 Assistant City Attorney Blake Pennington: Correct. We don't want them to pay for something they aren't going to use. Council Member Turk made a motion to amend to say that the certificate of insurance shall be submitted prior to the issuance of an initial operating authority permit. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk stated she may want to make an amendment. She stated in terms of data sharing, if there were any citations or arrest, they require the vendor to disclose that information. Assistant City Attorney Blake Pennington: If the city is issuing a citation to a scooter share company or a user, we would have that data. You can add that as a specific request. I'm not sure that if a citation was issued to a rider that the company would have that information. Are you asking just for citations that have been issued to a scooter share company? Council Member Turk: I was asking for the riders. If you are going to data mind that when you go back and review their permit, then I'll withdraw the request if that's going to be already part of the process. Assistant City Attorney Blake Pennington stated the Mayor can request that information from Chief Tabor. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith: Do you have any comments from the scooter share people about the initial reduction in number of scooters in town? Peter Nierengarten: The two vendors I've spoken with didn't have a strong objection to the reduction in numbers. They are both eager to apply. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. City Attorney Kit Williams: We need an additional vote for the Emergency Clause so it can be effective immediately before the state law becomes effective. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 9 of 21 Council Member Marsh moved to approve an Emergency Clause. Council Member Gutierrez seconded the motion. Upon roll call the Emergency Clause passed unanimously. Emergency Clause Approved Ordinance 6205 as Recorded in the office of the City Clerk RZN 19-6666 (119 & 127 S. West St./Canfield): An ordinance to rezone that property described in rezoning petition RZN 19-6666 for approximately 0.40 acres located at 119 and 127 South West Avenue from NC, Neighborhood Conservation to MSC, Main Street/Center. At the July 2, 2019 City Council Meeting this item was left on the first reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Kinion, and Petty voting yes. Council Member Marsh was absent during the vote. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services stated he has no further information to add. Mr. Canfield, Applicant offered a Bill,of Assurance on the property. He spoke briefly about the Bill of Assurance specifics. City Attorney Kit Williams: Do you have the Bill of Assurance with you? Mr. Canfield: No. I can have it by the end of day tomorrow. City Attorney Kit Williams: There is a form that the Planning Department has. It's the only Bill of Assurance we can accept that has been properly signed and is in writing. In order to have the Bill of Assurance relied upon by the City Council, it would have to be done that way. There was a brief discussion about leaving it on the second reading to get the proper forms filled out. This item was left on the Second Reading. New Business: Amend Chapter 173 Building Regulations: An ordinance to amend Chapter 173 Building Regulations of the Fayetteville Unified Development Code to align the city's building regulations with current building codes and eliminate unnecessary requirements that have little or no impact on the quality or safety of buildings within the city. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 10 of 21 Mathew Cabe, Building Safety Director gave a brief description of the ordinance. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. There was a brief discussion about the efficiency of some of the code changes. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6206 as Recorded in the office of the City Clerk Amend §161.29 Neighborhood Conservation: An ordinance to amend §161.29 Neighborhood Conservation of the Fayetteville Unified Development Code to change the lot width minimum for all dwelling types to 40 feet. City Attorney Kit Williams read the ordinance. Jonathan Curth, Senior Planner gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Council Member Turk: This is a big change. I would like to hold it on the first reading to give the public ample opportunity to review it. Council Member Marsh stated this is a great proposed change. She stated it will allow multifamily housing to blend in to what traditionally has been single family neighborhoods. She spoke about other cities housing. She stated by making the code change it will enable stealth missing middle housing to blend into single family neighborhoods. She thanked staff for the proposal. Council Member Smith: How often does this come up? Jonathan Curth: Do you mean conditional use permit request? Council Member Smith: The multifamily lot width issue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 11 of 21 Jonathan Curth: It does not. The greater frequency we've seen as of late are people requesting rezoning's as opposed to that. Garner Stoll: Sometimes people are requesting RI -U for something that could be accommodated with the NC district and a conditional use permit. So, you would avoid those. Sometimes they want to take advantage of even narrower lots, such as 18 feet. It's not going to eliminate all those request, but it does give a much simpler option to build a duplex, triplex or fourplex. Council Member Petty: Do you know when originally adopted NC had the uniform lot widths or if the distinct lot widths were added later? Garner Stoll: That's true. It was originally 40 feet. Council Member Petty: I'm fine to hold it on this reading. Next time, will you present some of the other things that were changed about this ordinance in the time between it was first adopted and today? Garner Stoll: We can. This item was left on the First Reading. Amend Chapter 166.08, Street Design and Access Management Standards: An ordinance to amend Chapter 166.08, Street Design and Access Management Standards of the Fayetteville Unified Development Code to modify the applicability, access management, and nonconforming access features regulations to remove barriers that discourage renovation and improvement of existing structures. City Attorney Kit Williams read the ordinance. Jonathan Curth, Senior Planner gave a brief description of the ordinance. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 16, 2019 Page 12 of 21 Ordinance 6207 as Recorded in the office of the City Clerk Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone: An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to convert portions of restricted residential -only parking along Locust Avenue and Lafayette Street and portions of paid - only on -street parking along Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed- use parking areas. City Attorney Kit Williams read the ordinance. Justin Clay, Parking Manager gave a brief description of the ordinance. Council Member Bunch: I got a call from a lady today who lives on the intersection of Campbell and Lafayette. She has three reserved parking spaces. She's concerned that if the parking spaces were taken out, they wouldn't have the slots they normally have. Would everyone on Lafayette be able to use them, but the residents could also have additional parking spaces that are just paid? Justin Clay: The residents would still be able to park in those spaces with their residential permit, just as they always have. The change is that the general public now has access to those spaces. The residential program does not reserve any particular space for a residence. It allows you to park in any number of the 208 residential only spaces, plus the 79 mixed use on Spring and School Street. They aren't losing any reserve space because that's not how it works now. Council Member Bunch: They might have to share them with someone else? Justin Clay: Correct. That was the general nature of most comments that we have received. Council Member Bunch: What's the percentage that were utilized on the section of Lafayette? Justin Clay: On the residential only section of Lafayette, between Campbell and Forrest, it averages 35% utilization. That is based on the number of counts we conducted over the last couple of years. It is 21% on the portion of Locust. Council Member Smith: What would it cost to reserve one spot in front of their house? Justin Clay: The best way to speak to that is through the pricing we have around other programs. We offer an annual permit in the Entertainment District for $600 a year. It lets you park in any of the publicly available four -digit spaces. That probably doesn't fully cover the actual cost and value associated with that space. Council Member Smith: That's still a hunting permit, instead of a designated spot waiting on you? Justin Clay: Correct. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 13 of 21 Council Member Gutierrez: How many total letters were sent out? How many people is it effecting? Justin Clay: We sent letters to each residential unit along those portions of Locust and Lafayette that were converting from residential to mixed use. I think the total was 82 different addresses. In addition, we sent to several permit holders that may have multiple properties and that may not be their primary residence. We received comments late this afternoon from a portion of Locust Avenue, between Dickson and Spring Street. It's not one of the areas we are proposing to make any changes. Their concern is the other portion of Locust would now be available to the public as a result of this change and fill up. They are concerned those displaced parkers would encroach on their portion of Locust and limit the available parking for them. Council Member Turk: Did you send out letters to the folks on Church Avenue or just Locust and Lafayette? Justin Clay: It was Locust and Lafayette. We didn't send any to Church and assumed they'd be in favor of being able to park in the spaces on the street, which they aren't currently allowed to park in now. Council Member Petty stated he had a couple of phone calls and emails from constituents that were skeptical of the changes. He stated he was the sponsor of the original ordinance that created the residential parking program. He stated he is generally supportive of the changes proposed, but wants to reserve the right to tweak it based on feedback. He stated he's supportive of the thrust of the effort because data shows the spaces aren't being used very well and it can be used better. Council Member Kinion stated he has received emails and phone calls. He stated there is a lot of confusion about what is happening. He stated one of the complaints he gets more than anything is that no one can figure out the parking system. He spoke about taking more time to allow citizens to review it. Susan Norton, Communications & Marketing Director requested for Mr. Clay to speak about infographic material. Justin Clay: In addition to the letters mailed out, we will be putting doorhangers out in anticipation that this would go through multiple readings and further educate citizens of the proposed changes. Susan Norton suggested sending Council the infographic so they can better communicate with citizens about the proposed changes. Catherine Corley, 80 West Lafayette stated she spoke with Mr. Clay and Council Member Kinion. She spoke about her concerns of parking spots. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 14 of 21 RZN 19-6696 (1960 E. Huntsville Rd./Tripodi-Quinn): An ordinance to rezone that property described in rezoning petition RZN 19-6696 for approximately 0.28 acres located at 1960 East Huntsville Road from RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Petty voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk: I would like to hold this on the second reading to allow the public more time to know about the rezoning. Council Member Marsh: This rezoning is consistent with our City Plan goals. I have received no adverse public comment about it. We are seeing a lot of rezonings along this corridor, which makes me think it's time to take a more comprehensive look at this edge of the Mayor's box and update our City Plan accordingly. Mayor Jordan: Is that in your ward? Council Member Marsh: It is, which is Ward 1. The applicant is just making the request to change the use of an existing structure. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 6-2. Council Members Scroggin, Smith, Gutierrez, Marsh, and Petty voting yes. Mayor Jordan voting yes. Council Members Bunch and Turk voting no. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2. Council Members Scroggin, Smith, Gutierrez, Marsh, and Petty voting yes. Council Members Bunch and Turk voting no. Council Member Kinion was absent during the vote. Ordinance 6208 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 15 of 21 RZN 19-6703 (535 S. Broyles Ave./Woolsey Farm): An ordinance to rezone that property described in rezoning petition RZN 19-6703 for approximately 30.17 acres located at 535 South Broyles Avenue from R -A, Residential Agricultural to P-1, Institutional. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommend approval and referral to the City of Farmington for their consent. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Petty voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Petty voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Petty voting yes. Council Member Kinion was absent during the vote. Ordinance 6209 as Recorded in the office of the City Clerk Amend Chapter 157, Notification and Public Hearings: An ordinance to amend Chapter 157, Notification and Public Hearings of the Fayetteville Unified Development Code by expanding the notification requirements for public hearings on applications for developments, annexations, zoning map amendments, conditional use permits, zoning variances, and large site improvement plans. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff recommends approval. Council Member Petty: I'm supportive of increased notification requirements. Why are we only notifying property owners, when a majority of our town is residents? Can we also include amendments that require notification to addresses that are within the 200 -foot radius? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 16 of 21 Garner Stoll: You could. There is a greater difficulty in ascertaining who occupies those units. City Attorney Kit Williams: To find property owners, you can go to the Accessor's Office and get a list of property owners that you are looking for. They will have a mailing list of the property owner. I don't know where you would go to try to find residents. When dealing with an apartment complex, are you going to notify the owner of apartment complex or the 200 residents that might be living in that complex? It's going to be much more difficult for applicants to be able to certify that they notified all the residents. Council Member Petty: I don't see it being a problem at all. We don't have to name the residents who the mail is intended for. We only have to discover the addresses themselves. We never seem to hear from nearby tenants when we have a rezoning request before us. We seem to only hear from people who own property. It wasn't until this ordinance was put on our agenda that I realized we have a policy of not notifying tenants in the city. It should be corrected. Garner Stoll stated if they wish to do that, he recommends City Council not act tonight. He stated there are some questions that need to be answered. He spoke about the different scenarios possibly involved for notification and more research is needed. Council Member Petty stated he would like to do research. He stated his experience with the GIS system is trivial to draw a circle and see where actual addresses are located. He stated as long as they aren't certifying mail is delivered to a particular person, but that it was delivered to particular addresses, they are in the clear. He stated his intention is tenants within the 200 -foot radius be notified, not necessarily the entire complex. City Attorney Kit Williams: Would you want to notify only the tenants or the tenants and the landowners? Council Member Petty: The latter. Council Member Smith stated he concurred with the sentiment 100%. He stated when looking at the map it's a good example because he knows a couple of owners in the complex and was surprised to see it come up as one owner. He stated they have an active POA and believes about nine people would be upset to be left off. He spoke about his experience in knowing tenants weren't being notifying. Garner Stoll stated this is a condominium and if they own real estate, they get notified. Council Member Smith: As it is now, they would or would not get individual notification? Garner Stoll: They would not. There are condominium complexes where they actually own a parcel of ground and they would then get notified. Council Member Smith: We definitely need to be talking to the nine or more people inside the circle. The one owner on record is only one additional name to the list and I don't see why it would 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 17 of 21 be a problem to do both. Regarding GIS, I'm confident we have the data and it's not that complicated. Council Member Marsh: I concur with that assessment. We have a lot of absentee negligent landlords in this community. We have a lot of caring and engaged renters. They are the ones that will be living with these decisions day to day. In the interest of equity, we should notify everyone in the 200 -foot radius regardless of what their economic and property ownership status is. Council Member Kinion: I concur with these comments. Getting the addresses is easy. More and more people are renting and not buying in our community. They should not be excluded from the conversation that's going to impact them. It's important to do our best effort to notify renters as well as landowners. Council Member Turk: I agree with everything that has been said by my colleagues. Could you find the tenants through the water bill? City Attorney Kit Williams: Not through the water bills. There's some secrecy protections. Garner Stoll: I just received a text from our IT Director saying they can help, but not through the utility bill. They have a file they think can be activated. Council Member Gutierrez stated she approached Garner about this subject and thanked him for his work. She spoke about personally being a renter and not receiving notifications on things happening nearby. She spoke about researching the item further. Council Member Scroggin: I am looking forward to the change. Does staff understand the changes we are looking for? Garner Stoll: You want to notify any property owners affected by the circle, even though their property may extend outside the circle, which many of these do. You want to get a list of addresses that are within the circle. So just because the property is in common ownership and there are addresses outside of the circle, those would not be notified, but only the renters with addresses within the circle. Is that right? Council Member Scroggin: Sounds great. Thank you. Collins Andrews, 808 North Park Avenue: When I lived on Birdy Street, it was across from a large development that was done on Crossover Road. Crossover is 75 or 80 feet wide, possibly. I was three houses away and wasn't notified on that rezone. For something as substantial as a road like Crossover, maybe something like that should be factored in for notification. My house at the time was probably not within 200 feet, but if you went to the other side of the street it would have been. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 18 of 21 Short Term Rentals: A resolution to request that city staff study and develop an ordinance to regulate short-term rentals in the City of Fayetteville. Garner Stoll, Director of Development Services gave a brief description of the resolution. Council Member Smith: Do you have a feeling what the balance is between Type 1 and Type 2 to people who are using this as an auxiliary out of a house they are living in and those that are renting it as a business without a permanent residence? Garner Stoll: I don't have Fayetteville data. Nationally, the demand for Type 2 is increasing, particularly in communities that are tourist destinations. Council Member Smith: You estimate more or less than half? Garner Stoll: I don't know. I will see if I can get the answer. Council Member Smith: This is what our residents would call absentee landlords? Garner Stoll: Yes. As this becomes more common place, Type 2 can gracefully integrate into neighborhoods. The trend is to try to be as unrestrictive as possible for Type 1. Type 2 is going the opposite direction. Austin, Texas is prohibiting Type 2 without commercial zoning. Council Member Turk reiterated what Type 1 and Type 2 means. She stated she knows of situations in Fayetteville where they are renting out an Airbnb that is right next door to them. She stated they are on the premises and believes that situation should be considered. She stated she applauds the effort and is the right approach. Council Member Scroggin: I want in this study the relationship between Type 2 and homelessness in communities. Some people find it financially beneficial to kick out their long- term tenants so they can rent it out for football games and Bikes, Blues & Barbeque. As a city, we are having issues of homelessness. Garner Stoll: It's an excellent point. There's a public perception that short term rental takes housing out of the circulation. Type 2 may if a new unit isn't built. If an existing residence is converted to short term rental it may take it off the market for longer term rental and housing for the community. A true Type 1 doesn't decrease the supply of housing. It uses existing house stock more efficiently by sharing it with visitors. Angela Belford, Fayetteville Housing Authority Executive Director stated it has a huge impact on people experiencing homelessness when they can't find a place to rent because a unit has been converted to a short-term rental. She stated this will affect the smaller footprint homes due to their price point. She spoke about the city's contribution to homelessness and grant money. Hannah Tripodi, 4245 Broomsage Drive stated she is the owner of a Type 2 short term rental on Morningside Drive. She spoke about Airbnb taxes and people she has hosted. She stated her Type 2 short term rental is her livelihood and not a side job. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 19 of 21 Logan Humphrey, 122 West Meadow Street stated he has been a Type 1 and Type 2 short term rental manager. He spoke about the tourism industry and taxes. He stated he is in favor of regulations, but also a consensus for an agreement for people to be allowed to do this. He stated people who are traveling that are going on weekend trips are interested in shorter than seven-day stays. Council Member Smith stated he is in support of a study to look at regulations and develop a plan. He spoke about homelessness. He spoke about the Airbnb experience and taxation. He stated the city needs about 500 new units a year to just keep up with the current rates of population growth. He stated he wants to look at how they can use the revenue to remediate the impact that short term rentals are having on the housing affordability issues. Council Member Marsh: I know of several formerly affordable apartments that have been taken off the market and converted to Airbnb at exorbitant rates. That is bad for housing, but it has provided some economic stability for small landlords that own these units. Airbnb's give you the real experience of being in a community. We have a shortage of hotels downtown. Airbnb's have a lot of potential to diversify and enrich our tourism experience. Council Member Gutierrez stated she is a user of Airbnb's and it creates a way for her to engage in the community where she is visiting. She spoke about the many emails and phone calls received on this topic. She stated she told neighbors that there is a way to report any issues directly to Airbnb. She spoke about staff impact on enforcement. Garner Stoll spoke about the ways it could impact staff time and would require more staffing. City Attorney Kit Williams: Sales tax is completely confidential. We don't know where it comes from and it's against the law to reveal it. We used to be able to reveal who was paying HMR taxes, but the legislature has now removed that and we can't say that anymore. When you talk about using the money you are getting from this, we won't know. HMR revenue is specifically designated for two sources only. One is the A&P Commission and the other is the Parks Department. Nothing for General revenue. We won't know what we are getting and after talking to Paul Becker he said so far it wasn't very much. Hopefully we will get better enforcement in the future now that we are having state laws requiring us to do this. The state will work very hard to collect sales tax and then they will return our portion to us. Council Member Smith: They are currently submitting their HMR by voluntarily contract. Is that covered by the same confidentiality that it would be if they were remitting it to the state through the normal process? City Attorney Kit Williams: It probably is. It's still HMR revenue. Almost all our businesses are doing it voluntarily. Not usually by contract, but by regulation. We would have had difficulty in the past trying to just do it by regulation because they really weren't operating legally. Soon, they will be operating legally and we won't have to worry about the contract anymore. We will try to enforce it, not only with Airbnb, but any other company that does the same sort of thing. My 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2019 Page 20 of 21 recommendation to city staff is to treat it as it's HMR revenue because it is against the law if that information is released. Council Member Petty spoke about the A&P Commission receiving monthly reports on HMR collections city wide. He stated over the course of a year, $3.5 million is collected for HMR taxes and the same amount of money is collected on behalf of the Parks Department. He stated he didn't want to dash hopes about HMR taxes with Airbnb's, but 85% of the HMR collections on any given month typically come from restaurants. He stated around $400,000 per year comes from hotels for every percent of HMR that is on the books. He stated it isn't a whole lot of money, especially if talking about a marginal increase in collections by adding a new sector such as short-term rentals. Council Member Smith: That's a good point, but we will continue to hear voices from the community asking us why we didn't talk about it, unless we talk about it in this study. If the result is an answer that says it's not enough to be worth it, that is a valid outcome. I want to make sure the conversation is had for the people who could benefit from it if the answer is different or the sake of people who are calling for it if that's the real answer. Council Member Marsh moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Marsh, Kinion, and Petty voting yes. Council Member Gutierrez was absent during the vote. Resolution 172-19 as recorded in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director welcomed Chung Tan to the city as the new Business Development Manager. She reminded pet owners about their responsibilities of leashing and cleaning up after their pet. She spoke about surveys on the Speak Up Fayetteville website about plastics, polystyrene, and storm water utilities. She spoke about the Dive -In Movies, Slow Roll Summer Series, and road closures. She stated CDBG in the Park will be held July 19, 2019 from 10:30 to 1:30 at the Walker Park Pavilion and is free to the public. All information can be viewed on the City website. City Council Agenda Session Presentations: Agenda Session Presentation: Beaver Watershed Alliance City Council Tour: None Adjournment: 8:48 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 113 West Mountain City Council Meeting Minutes July 16, 2019 Page 21 of 21 I r.ja� 6, i0j. I Sondra E. Smith, City Clerk Treasurer Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov