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HomeMy WebLinkAbout2019-11-05 - Minutes -Council Member Sonia Gutierrez Ward 1 Position l 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 of Fayetteville Arkansas City Council Meeting November 5, 2019 City Council Meeting Minutes November 5, 2019 Page 1 of 27 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 November 5, 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, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Mavor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Fayetteville Citizen Recognition - The Fayetteville Fire Department would like to recognize 12 - year -old Jacoby Gipson for his quick thinking, his bravery and courage in the face of an emergency structure fire at 6321 W. El Paso Street on the morning of August 17, 2019. Jacoby's actions were valiant and they without a doubt saved his life, along with the family dog. Jeremy Ashley, Fire Marshal recognized Jacoby Gipson with a plaque for his quick thinking, bravery and courage. He stated his actions saved his life and the family dog. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 2 of 27 Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None Consent: Approval of the October 1, 2019 City Council Meeting Minutes. Approved 2020 T -Hangar Lease Agreements: A resolution to approve T -Hangar Lease agreements in 2020 at the current rental rate or as adjusted upward by the airport board for all T -Hangars rented at the Fayetteville Executive Airport. Resolution 240-19 as recorded in the office of the City Clerk Superior Chevrolet: A resolution to approve the purchase of a Dodge Ram 1500 Quad Cab 4x4 truck from Superior Chevrolet of Siloam Springs in the amount of $22,434.00, pursuant to a state procurement contract, for use by the Water and Sewer Operations Division. Resolution 241-19 as recorded in the office of the City Clerk RFQ 19-01 McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #19-01, in the amount of $92,200.00.00 for the design of the West Center Street and North Harmon Avenue intersection, and to approve a budget adjustment. Resolution 242-19 as recorded in the office of the City Clerk Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC, pursuant to RFQ #19-01, in the amount of $87,200.00 to provide a conceptual study and design of an Interstate 49 overpass at 15th Street. Resolution 243-19 as recorded in the office of the City Clerk Arkansas Department of Transportation Highway 16 Easement: A resolution to authorize Mayor Jordan to sell approximately 2,621 square feet of city property and convey a 124 -square foot temporary construction easement along Highway 16 to the Arkansas Department of Transportation for the Highway 16 (South School to Armstrong) project for the total amount of $1,225.00. Resolution 244-19 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 November 5, 2019 Page 3 of 27 Bid #19-39 JBZ, Inc. dba Ellingson Contracting: A resolution to award Bid #19-39 and authorize a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $329,299.00 for Phase 1 of the restoration and reconstruction of the Woolsey Farmstead, to approve Change Order No. 1 reflecting value engineering items and reducing the total contract amount to $279,099.00, and to approve a project contingency in the amount of $15,000.00. Resolution 245-19 as recorded in the office of the City Clerk Grasshopper Construction, LLC: A resolution to award Bid #62123-1902 and authorize a contract with Grasshopper Construction, LLC in the amount of $29,993.37 for Community Development Block Grant Rehabilitation of an eligible residence located at 306 Ella Street. Resolution 246-19 as recorded in the office of the City Clerk Community Access Television, Inc. d/b/a Your Media: A resolution to approve a renewal of the contract with Community Access Television, Inc. d/b/a Your Media in the amount of $170,095.00 for the provision of public access television services and the operation of the public access television channel through 2020, contingent on approval of the 2020 Annual City Budget and Work Program. Resolution 247-19 as recorded in the office of the City Clerk Christina Mere Access Easement: A resolution to authorize Mayor Jordan to sell approximately 223 square feet of city property and convey an access easement of about 701 square feet adjacent to the west boundary of property located at 93 South West Avenue to Christina Mere for $1,215.00. Resolution 248-19 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: 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. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading and tabled to the October 1, 2019 City Council meeting. At the October 1, 2019 City Council meeting this ordinance was tabled to the November 5, 2019 City Council meeting and referred to the Ordinance Review Committee. Council Member Kinion 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 4 of 27 City Attorney Kit Williams read the ordinance. Mayor Jordan: We were asked at the last Council meeting to have a public input session. The Ordinance Review Committee was supposed to review that and they have it on their agenda tomorrow. Staff was to look at a proposal of a draft, not something we are going to vote on, but a suggestion on how this plan could work. Council Member Kinion is the sponsor of the ordinance. Council Member Kinion gave a brief description of the ordinance. He stated over the past several weeks we've taken something as simple as tinker toys and made it as complicated as the Manhattan Project. He stated the neighbors requested residential parking, not paid parking, and not some type of parking that's so complicated it's going to be confusing from beginning to end. He spoke about the history of the neighborhood. He stated the residential homes have had the opportunity to park near their homes since day one. He stated the residents did not make this problem. He stated neighbors are being invaded by the irresponsible actions of the University of Arkansas by expanding out of control without looking at the impact it is having on the neighboring neighborhoods. He stated in the report from the Parking Administration, they didn't consider a residential parking plan and considered three other options, but it wasn't what the neighbors asked for. He stated the neighbors were not listened too. He stated the neighbors want residential parking to protect the property and heritage they have invested in. He spoke about the university needing to step up and handle the parking problem for the university. He stated the neighbors are having to deal with an issue they did not make. He stated they should be given residential parking like the original ordinance stated. Council Member Marsh: If we pass this tonight, does that mean we are not sending it to Ordinance Review as we previously discussed? Mayor Jordan: Yes, that is my understanding. Council Member Kinion: That is my understanding. We have had plenty of time for this meeting and it didn't occur. It's unfair to the neighbors because they have been waiting to get this taken care of. That's why I think it is okay to vote tonight. Council Member Smith: We asked to go to Ordinance Review, but we also asked for a neighborhood forum. It took some time to pull that together. If we deal with it tonight, I'm happy to cancel tomorrow's meeting. If we decide there is more work to do, then we are already on the calendar. Council Member Kinion: We can go ahead tonight and vote on this and still take it to Ordinance Review to see how we should move forward. We have already had one step forward by having the 400 Block try this out and it worked. The next step would be to accept this ordinance and we can take it a step at a time until the issue is resolved. Council Member Petty: Is staff prepared with a presentation that we might otherwise receive tomorrow night at the Ordinance Review committee meeting? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 5 of 27 Mayor Jordan: Justin has mailed what he came up with as a suggestion that you all could view at Ordinance Review. Justin Clay, Parking Manager: We have compiled some ideas for the Ordinance Review Committee based on comments from you all the last time this was taken up. It's alternatives you wanted to look at based on input from interested parties at the public input session. I don't have a presentation prepared for this evening. Those ideas largely revolve around some sort of shared parking where not quite half of the spaces are dedicated to resident permit only parking in the neighborhood. The other half based on input from you all, will be shared use ideas. Council Member Petty: That sounds like a lot of points to cover. Having the meeting we planned to have, is the right move. There are more viewpoints that have come out at the public forum. Mayor Jordan stated some ideas were prepared for Council to look at. He spoke about what was discussed at the previous City Council meeting. He stated staff did what was asked of them and bringing it to Council tonight. Council Member Marsh: If we vote this down tonight, does that mean it has to go all the way back through the process? City Attorney Kit Williams: If it's voted down tonight, then you would have to start with a new ordinance. Council Member Marsh: Then that sends us back to zero. City Attorney Kit Williams: Your other options would be to table it or you can pass it. Melinda Jones, 408 Ila Street requested if the entire neighborhood can't be made residential, she would like for it to be grandfathered in on the 400 Block of Ila to keep it just the way it is. Council Member Petty stated this is more complicated than the initial proposal because there is a lot more interest across the neighborhood that came to light. He spoke about the 400 Block of Ila being different from the others because of proximity. He stated this area of town is unique enough to deserve an attempt at a new program. He spoke about being eager for the staff report. He is optimistic about what can come out of the Ordinance Review Committee and the work of the neighborhood forum. Council Member Marsh spoke about needing strong parking controls in the neighborhood. She stated these are public streets and part of the public trust. She stated there has to be some accommodation of public parking. She stated she will not support a residential only district, but will work hard to implement a parking solution that prioritizes residents. Council Member Turk: If we table this, I hope the Ordinance Review Committee listens to the neighbors. These folks have been here a long time and have paid their dues. They have paid taxes for 38 years. This is an old historic neighborhood and it's thriving, but this is a recent problem. The void of leadership by the University of Arkansas or sorority's is disappointing. They need to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 6 of 27 speak up to help solve this problem and they are not doing that. The residents should prevail and be our priority. Council Member Bunch spoke about the merits in tabling the ordinance. She stated she feels for the neighborhood. She stated by tabling the item it will hopefully help to find a better solution, but she knows it's hard on the residents to show up to all the meetings. Council Member Smith stated everyone agrees there's a problem, hardly no one disputes the university created the problem and it has to be decided who is going to fix the problem. He stated it would be convenient to push it all off on the university and insist they deal with it, but he doesn't trust they will. He stated Council needs to look at ways that ease the pain in the neighborhood. He doesn't believe the solution is to subsidize street parking to the exclusion of everyone else. He spoke about property tax revenue and parking program cost. He stated there are about 77 addresses on the eight blocks and he thinks the city can get 155 marked parking spots, which is more than two on -street spaces per address. He stated there are 153 private off-street parking spots already in the neighborhood, not counting the sorority houses. He requested to table the item for two weeks for further review. Council Member Gutierrez stated she feels the pain for the neighbors in being patient. She spoke about tabling the item to work more on the details. Council Member Petty moved to table the ordinance to the November 19, 2019 City Council meeting. Council Member Marsh seconded the motion. Upon roll the motion passed 7-1. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion voting no. This item was Tabled to the November 19, 2019 City Council meeting. Amend §172.11 and §166.08: An ordinance to amend §172.11, Driveway and Parking Standards for Four (4) or Less Parking Spaces and §166.08 Street Design and Access Management Standards of the Fayetteville Unified Development Code to reduce driveway widths in zoning districts requiring a build -to zone and to reduce driveway setbacks for single family homes in zoning districts requiring a build -to zone. At the October 1, 2019 City Council meeting this ordinance was left on the first reading. At the October 15, 2019 City Council Meeting this item was left on the second reading. Council Member Scroggin 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. Council Member Scroggin: After talking to builders, realtors, staff, and Matt Hoffman from the Planning Commission, I want to amend the ordinance that will eliminate NC. City Attorney Kit Williams read the proposed amended ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 7 of 27 City Attorney Kit Williams: The principle change would be that Neighborhood Conservation would no longer be included. Council Member Scroggin stated after many discussions he believes that's the appropriate move. He stated without the amendment, he will not vote for the original ordinance as written. He spoke about protecting the city and the interest of builders, while moving the city forward in making smaller lots to protect from stormwater and other issues. Council Member Marsh: This amendment would fail to protect neighborhoods like Walker Park, Greathouse Park, and historic neighborhoods where the land values now exceed the value of the structures and is a catalyst for major redevelopment. We are supposed to be making infill appropriate and what's not appropriate in these historic neighborhoods are garage fronted homes with giant driveways. We are defeating a huge portion of the ordinance by excluding Neighborhood Conservation. Aaron Worth, NW Arkansas Homebuilders Association Representative stated the amendment is an improvement. He spoke about the city needing to have better communication. He spoke about property right concerns. He stated changing midstream is not the way to go about things. Larry McCredy, 3146 Old Wire Road stated he is an Attorney who represents homebuilders. He stated he submitted a letter to City Attorney Kit Williams and briefly discussed what he wrote. He stated the amendment is an improvement, but still leaves open the ability for several legal challenges. He stated the ordinance violates the statute about residential design standards. He spoke about regulatory takings. He spoke about the American Disability Act. He spoke about City Council conflicts of interest. City Attorney Kit Williams: I would like to remind the audience to confine their remarks to the proposed amendment that's before the table, rather than the ordinance itself. After the amendment is voted on, you can talk about what the ordinance says then. Don McNaughton, 3689 West Bowling Green thanked Council for the amendment, but doesn't believe it is enough and can't agree to it. He stated it is still taking of private property rights in some areas. Jack Butt, 526 East Lafayette Street stated he is an Attorney representing the John and Reba Jordan family. He gave a brief history of the property the Jordan family owns and discussed how it would affect the family financially if the ordinance is approved. He spoke about legal ramifications. Mayor Jordan reiterated that citizens need to stay on topic about the amendment. Bobbye Jordan Hardin gave a brief historical description of her family owned land. She stated it would affect the family financially if the ordinance is approved. She spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 5, 2019 Page 8 of 27 Mark Marquess, 4669 Clear Creek stated he would support the revised ordinance as it is, but will not support the other one. Citizen: Is the amendment doing away with Neighborhood Conservation and implementing RSF- 8? City Attorney Kit Williams: No. If the amendment does not pass, then NC would remain in the ordinance. If you had a build to zone for residential, then you would be subject to the narrow driveway regulations. A lot of the new development that's going on is being built in green field development with NC and that was a lot of the problems we heard about. By removing NC from the requirement of narrow driveways, those particular properties aren't going to be affected by the ordinance anymore. Council Member Scroggin: What would be left in the ordinance after the amendment is RSF-18, RI -U, DC, MSC, and DG. Mary Bassett, 4647 Clear Creek Boulevard spoke about owning property in downtown, off the Fayetteville square. She spoke about doing a remodel on the property and requested clarification on how it would affect her property. Andrew Garner, Planning Director: If the property is in one of the zoning districts where this code would apply and they wanted to expand the driveway, the code would apply to it. They would not be able to expand it beyond the 20% number we are talking about. There was a brief discussion about when the ordinance would go into effect, building permits, and exemptions. Andrew Garner: The ordinance as written would not exempt an individual property like Ms. Bassett's. It would exempt those properties that have gone through the platting process as a larger subdivision. It would give them, based on the ordinance within the last 12 months, there would be some time before this would apply to some of those areas. Council Member Marsh spoke briefly about some of the areas that would be exempted by the ordinance and would be protected. She stated it is predominantly Fayetteville's older and lower income neighborhoods and new neighborhoods around Rupple Road. She stated they have already given a one-year allowance to give people time to build out projects that are already in the works. She spoke about wanting good quality development and responsible growth for Fayetteville. She stated she's not going to throw the neighborhoods who elected her under the bus in favor of the real estate lobby. Council Member Smith stated a lot of the conversation around the ordinance has set a dangerous precedent that the city's design codes are etched in stone and unable to respond to changing conditions and that a change to the code is changing course midstream for developers. He stated it is a raging river of development and will always be flowing. He stated that's why three weeks ago they looked at lengthening the exemption periods and accepting allowances for developments that are already in progress. He stated he does not like the amendment because it sells out large portions 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 9 of 27 of town that need this. He stated on his side of town is where the largest areas of green field development are going, which is a plan that doesn't match what was envisioned when the area was zoned. He read his argument on the topic in the editorial section of the newspaper. He stated while he thinks the amendment will leave some areas of town most in need without the changes, it will add for some areas that currently don't have it, which is an improvement. Council Member Scroggin stated the argument, because it sells and it is what people want, doesn't work when there's limited buildings. He stated there are three-story buildings in South Fayetteville that looks like nothing they are around and they sell before they are done. He stated neighborhoods need protected and spoke about drainage ordinances. He stated the ordinance is not the right way to go without the amendment he proposed. He stated they have to continue to make small tweaks so the city works 40 years from now. Council Member Petty stated the amendment creates a more uneven playing field across the city. He stated he is sensitive to the concerns of leaving some of the neighborhoods that need this most. He spoke about his concerns to some of the questions that had been raised. He stated it's not so easy to say this ordinance with or without the amendment is a taking of property with respect to property values. He stated the idea the market is perfect is silly because imagine if they just zoned the entire city multi -family and said the market is perfect. He stated developers would not keep building houses on big lots and would start maximizing that yield out everywhere they could. He stated ADA can be accommodated. He stated he's sensitive to future claims that someone might make that the city ruined their deal and it would be hard to prove claims like that. Council Member Scroggin moved to amend to eliminate Neighborhood Conservation from the ordinance. Council Member Kinion seconded the motion. Upon roll call the amendment passed 6-2. Council Members Petty, Scroggin, Bunch, Turk, Smith, and Kinion voting yes. Council Members Gutierrez and Marsh voting no. Josh Carson, 2852 Stone Mountain Drive stated he works for and represents a builder in town. He stated he appreciates the progress of the amendment, but still has concerns with the amended ordinance. He spoke about his concerns of the lack of communication with the development of the ordinance. He spoke about legal concerns. Greg Ramer, 147 Beaver Creek Lane in Maumelle stated he is the President of the Mortgage Bankers Association of Arkansas. He stated the ordinance creates an undue burden on the rights of property owners. He spoke about the Arkansas General Assembly passing ACT 446, which prohibits local governments from regulating residential building design elements, including the location, design, and placement of garage doors and garage structures. He spoke in opposition of the ordinance. Ronald Stinchcomb, 2895 East Picasso spoke about private property rights and stated the ordinance violates citizens rights. He spoke about the prices of homes. He spoke about property rights not being limited. He stated affordable housing has been abandoned in the city, whether it's on the west side or in the Downtown areas. He spoke about safety. He spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 5, 2019 Page 10 of 27 Kristen Patterson, 1095 Bonnie Lane spoke about citizens translating their ideas into property that has value, whether it's interior design or exterior renovation. She spoke about respecting and protecting private property rights. She spoke in opposition of the ordinance. Don McNaughton, 3689 Bowling Green, President of Northwest Arkansas Board of Realtors and with McNaughton Real Estate. He spoke about protecting private property rights. He spoke about ACT 446. He stated Councils attempt to control the size of the driveway is a gray area. He spoke about legal actions. He stated the ordinance removes affordable housing. He stated it's highly irregular any City Council Member that votes for the ordinance would have a vested interest in the outcome. He spoke in opposition of the ordinance. Joe Ruddell, Generations Bank read a statement by the Arkansas Bankers Association opposing the ordinance. He spoke about affordable housing and ACT 446. Mary Bassett, 4647 Clear Creek Boulevard stated she owns several properties in the Downtown area. She spoke about her family history and Fayetteville's population. She stated property rights should not be limited. Rodger Lecy, 1350 Fairlane stated the amendment is incremental with the original ordinance that impinges upon a direction the City Council is moving. He stated the ordinance does not restrict him from doing something, it requires him to do something. He spoke about ACT 446. Kelly Franks, Priority Bank stated biking on the trails to work is not practical and spoke about data that supported her statement. She spoke about the need of garages. She spoke about the dangers of shared alley safety. She spoke in opposition of the ordinance. Mark Marquess, 4669 Clear Creek stated the ordinance has gotten cloudy with three options, but only two wise choices. He spoke about attainable housing and housing choice rights. He stated Council was elected to serve the community and not rule over it. He spoke in opposition of the ordinance. Martha Cornwell Haguewood, 1828 Cambridge Road stated she is a realtor. She stated in 28 years, she can count maybe two times someone asked for a one car garage. She stated Council does not need to restrict citizens personal preferences and rights. She stated there should be more concerns with making sure things comply with building codes than taking away property rights. She spoke about driveway safety and affordable housing. She spoke in opposition of the ordinance. Steve Clark, 438 Fairway Lane stated he is President of the Chamber of Commerce. He urged the Council to not adopt the ordinance because of its unintended consequences. He spoke about legal litigation. He spoke about the workforce and affordable housing. He stated in the handbook for Municipal Officials, the City Council may refer an ordinance to the voters and urged Council to do that. Will Dockery, 4149 Bradstreet Lane stated it is a safety ordinance and not an aesthetic ordinance. He spoke about driveways being dangerous. He spoke about zoning codes being a valid extension of a city's right to regulate land uses in the name of protecting public health and safety. He spoke 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 11 of 27 about the way NC is written now being broken. He stated poor people deserve good designs. He spoke in favor of the ordinance. Council Member Petty stated nobody is forcing anybody to build on narrow lots, but it is an option. He stated people have made an argument about forcing people to do things or taking away property rights as a convenient rhetoric to win, but he stated it's not accurate. He spoke about workforce housing data. He stated he disagrees the ordinance will have the kind of impact on affordability that has been claimed. He stated the only way to make things affordable is to lower the finish quality, make things smaller or plat a lot more lots. He stated what is keeping from producing a sufficient number of units is a labor shortage. He stated there is an artificial scarcity of land. He stated the labor and materials to produce a building Downtown is not more than the labor and materials to produce the same size building elsewhere. He stated it is because the land is more expensive. He stated it is highly competitive to build Downtown now because of the new codes established. He spoke about legal challenges. He stated this is a safety ordinance and thanked Will Dockery for his safety data. He thanked the Ordinance Review Committee, City Attorney Office, and Planning Commission for their work on the ordinance. He spoke about transparency. He stated his meetings with builders have been productive. He stated he will be voting for the ordinance. Council Member Marsh stated there has been criticism about the process. She stated the process started with the formation of the 2030 City Plan where members of the community talked about values they shared and how they wanted to see the community grow and change. She stated the ordinance is not about aesthetics, but is about safety. She stated everyone deserves to live in a quality neighborhood. She stated this is an ongoing process to bring ordinances into better alignment with the city's long-range planning goals. She stated there is a housing crisis in Northwest Arkansas and people are going to have to build closer to each other. She spoke about protecting the environment. She spoke about Council having Active Transportation goals and Energy Action Plan goals that Council is committed to reaching. She stated studies show that the largest portion of the household budget in NW Arkansas is going to transportation, not housing. She stated land has to be used more efficiently. She stated there is a wage crisis and higher waged jobs are needed in the community. She spoke about not having a conflict of interest if the ordinance passes because it will not affect her finances, nor will it have an economic benefit for her. She stated she was elected to protect neighborhood integrity. She stated she is supporting the ordinance. Council Member Bunch stated she appreciates the effort of work that Council Members have put into the ordinance because it came from a place of the best intentions. She stated as the ordinance started out, she agreed with it because of less paved surfaces, less run-off, promote traditional town form and make safer streets. She stated she asked questions about who had been talked to about this and it didn't jive with what she was told. She stated she feels like working with the community has been left out of the equation. She stated people are buying certain types of homes because they like them and need storage for their cars and possessions. She spoke about older homes being converted from a garage to living space. She stated what people are wanting hasn't been considered as much as it should have. She spoke about the process being flawed on the surface. She spoke about creating a sense of place in Fayetteville. She stated developers and bankers are following the market and trends. She spoke about people working together to create something wanted, but doesn't know if they are at the point with the ordinance to do that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 12 of 27 Council Member Gutierrez spoke about the process and wants to make sure people are engaged that could be effected. She stated her goal at the end of the day is to voice citizens opinions. She stated based on the amount of feedback she has heard, she will be voting against the ordinance. She spoke about flooding issues, infill, affordability, and safety. Council Member Marsh stated the stakeholders are not just the builders and real estate agents, but are citizens. She spoke about citizens giving their time to develop the City Plan, attend meetings, and participate in surveys. She stated the real process of this started when the City Plan was done and when all the public meetings were conducted. She requested for Planning Commissioner, Matthew Hoffman to talk about the process. Matthew Hoffman, Planning Commissioner stated the process started back in 2011 with the adoption of City Plan 2030. He stated as far as whether relevant stakeholders were involved in this specific item, the city has a standing meeting with the Homebuilders Association and this was brought up at a June 26th meeting with the HBA, before it went to Planning Commission. He spoke about miscommunications that occurred. He stated Council Member Scroggin's amendment has now brought the ordinance back around to what that group of stakeholders thought it was in the beginning, which they didn't show up to the Planning Commission meeting to talk about it. He spoke about the Planning Commission supporting the focus group process. He stated it is a dangerous precedent to say that a board which does not have the authority to make law can somehow tie the hands of one that does. Council Member Kinion spoke about miscommunication issues and lead him to believe there was a problem from the beginning. He stated Commissioner Hoffman had a sincere point of view, but this was not handled correctly. He spoke about the philosophy's on how people view this ordinance. He stated Council has to look at the concepts to protect the future and to bring into focus the wisdom of those that have professional experience in the community. He stated the professionals care about safety and the environment, but didn't have the opportunity to learn how this would impact those issues. He spoke about enjoying Kristen Patterson's point of view in recognizing there were flaws in the process and the amended ordinance. He spoke about City Plan 2030. He stated he's engaged in the community and didn't know the ordinance was coming forward until handed off at City Council. He spoke about stormwater runoff. He spoke about real estate agents, bankers, and builders knowing what people want. He stated he would be voting against the ordinance. Council Member Scroggin: I am confused about calling the process flawed. Kit, if I were to write up this ordinance by myself, would we have had any more meetings or less meetings? City Attorney Kit Williams: It depends on how many people show up. The City Council is a place where most of the decisions take place, although often times, ordinances are looked at a little bit more closely if they are coming from the Planning Commission before they get here. If you look around at the last three meetings, it seems that things could have been handled better. There was a miscommunication where this applied everywhere, instead of just in the Downtown area. I think that is what got people motivated. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 13 of 27 Council Member Scroggin stated he could have wrote the ordinance up himself and they would have had three meetings like they've had. He stated there were multiple meetings before this and were useless because a lot of people didn't show up. He stated the process worked because people have told Council what they think. He spoke about housing shortages. He spoke about up -zoning. He spoke in favor of the ordinance. Council Member Turk spoke about stormwater flooding, green infrastructure and incentives. She stated the ordinance is narrowly focused. She stated she loves historic properties, but has not been sold on the huge proposed change. She spoke about not receiving any data showing this ordinance would reduce impermeable surfaces, protect the environment or lessen crimes. She stated this has disrupted the real estate community and wishes the process had been done better. She spoke about the community working together. She stated she had not heard about the issue until it came before the City Council. She stated stormwater issues need to be addressed and plan for climate change. She stated she will not support the ordinance. City Attorney Kit Williams: I want to assure everyone that I trust everyone on the City Council. They only have the best intentions for Fayetteville. I don't believe any person has ulterior or monetary motives. We have all learned about serious unintended consequences if the ordinance was passed, that no Planning Commissioner or Council Member anticipated or desired. Council passed the amendment and I think that will likely reduce much of the possible hundreds of thousands of dollars our taxpayers would have to pay. I've heard non -lawyers say there is no issue here, but I have heard a lot of lawyers threaten to sue. I go with the lawyers a lot more than I do with the non -lawyers thinking there's no issue here regarding the private property protection act and the regulatory takings. I appreciate the amended ordinance; however, I feel the well is poisoned. The city will be sued if an ordinance is passed because there have been lawyers threatening it. I disagree with attorneys that this is a violation of the act Senator Hester and Senator Ballinger put through. The act is very poorly drafted and internally inconsistent. The Arkansas Supreme Court tends to interpret fairly confused state statutes to invalidate city ordinances, which I believe would be the likely result. It would cost the city money to pay for the attorneys' briefs and cost a lot of my time. One of my first jobs as City Attorney is to try keep Council out of court. I recommend the proposed ordinance be voted down. I want the ordinance you passed without any comment about the orientation of a building on a thoroughfare, you need to reconsider that also. That has much less damage because it's only people that own lots along the thoroughfare that can sue us. The issues that have been brought by these ordinances can be reconsidered and reformed with substantial public input so it does not affect a regulatory taking or private property protection act claim that out taxpayers would have to pay. I recommend you not pass this ordinance. Council Member Smith spoke about how the city could allow a threat of litigation to keep them from setting different standards of development within different zoning classifications. He spoke about a hostile legislature and a hostile special interest lobby. He stated City Council represents the people of Fayetteville. He stated his meetings with developers and builders had been productive with some pain points, but addressed most of the points. He stated in his meetings with realtors, the ordinance was compared to battering women. He stated a good precedence is not set by backing down to a bully. He spoke about the consequences of analyzing the process. He spoke about transparency being a core Fayetteville value and all the steps that were gone through to bring the item forward. He stated aesthetics would be a side effect of the ordinance. He spoke about the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 14 of 27 safety and sustainability aspects of the ordinance. He spoke about population growth. He spoke about neighborhood character and financial gains. Council Member Bunch stated there are a lot of realtors and attorneys in Council Chambers who are citizens of Fayetteville and not just representing an industry. She spoke about the process of the proposed ordinance. She stated she does not like the idea of having two completely opposing sides. She stated she is a realtor and everyone wants what is best for Fayetteville. She stated everyone needs to work together to come up with something that's going to work for the community. She stated the idea of continuing to build the same things in the same way is not the way to be looking at this. She stated they need to consider runoff, but also consider what people want to buy. She stated if she doesn't vote for it, it's not because she is backing down to a bully, it's because she does not believe in it. She believes they can come up with something that works better and works for the citizens of Fayetteville. Mayor Jordan stated he did not work on the ordinance. He stated he was not opposed, but was not asked for his advice. He stated he believes that the ones who sponsored the ordinance are doing what they think is the right thing to do. He stated he doesn't buy the argument that there's a conflict of interest. He stated Andrew Garner told the Planning Commission they needed to get more input. He stated Andrew is a decent, honest, hardworking staffer for the city, which he trusts and supports him. He stated he supports the principle of traditional town form because it is the future of the city. He spoke about his concerns of the division on the issue across the town and in Council Chambers. He stated where there's a division, he hopes there can be some bridging of a better process in the future so this sort of thing does not happen. He spoke about his family history in Fayetteville, affordable housing and wage issues. He stated flooding issues will be addressed by stronger stormwater development ordinances that will be coming to City Council. He thanked the Planning Commission for their work. He stated his biggest concern is the legal issue. He spoke about City Attorney Kit Williams warnings of legal ramifications. He stated as a sitting Mayor he can't afford to put the city in jeopardy of lawsuits. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 4-4. Council Members Petty, Scroggin, Smith, and Marsh voting yes. Council Members Bunch, Turk, Gutierrez, and Kinion voting no. This ordinance failed. Enact §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups, and Similar Products: An ordinance to enact §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups, and Similar Products. At the October 15, 2019 City Council Meeting this item was left on the second reading. Council Member Kinion 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 15 of 27 Peter Nierengarten, Environmental Director gave a brief description of the ordinance. He stated staff and the Environmental Action committee recommend approval of the ordinance. Council Member Turk stated she commended the Sustainability group and Environmental Action Committee for moving this forward. She spoke about studies does on Styrofoam. She stated a huge amount of landfill space is being taken up by Styrofoam. She stated Styrofoam was ranked second when trash was collected from the White River, which plastic was ranked first in trash accumulation. She stated the proposed ordinance would go a long way in reducing the consumption of Styrofoam. Mayor Jordan thanked Council Member Turk, Peter Nierengarten, and the Environmental Action Committee for their work. He stated it is a really important step. He discussed a study about smaller pieces of Polystyrene affecting marine life. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6250 as Recorded in the office of the City Clerk RZN 19-6809 (NE of Gregg Ave. & Van Asche Dr./Fitzroy Fayetteville, LLC): An ordinance to rezone that property described in rezoning petition RZN 19-6809 for approximately 20.71 acres located Northeast of Gregg Avenue and Van Asche Drive from P-1, Institutional to UT, Urban Thoroughfare. At the October 15, 2019 City Council Meeting this item was left on the second reading. Council Member Smith 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 Scroggin: Do we know the elevation change between the south side of this and Scull Creek? For full disclosure, I live on Sandpiper. My yard floods and it comes up to about five feet from the bottom of my house. I'm concerned with the amount of floodplain in the area that if we build and push what used to be effectively a detention pond, flooding may get worse along Scull Creek. We have money set aside in the bond to re -do some of Scull Creek. I'm losing about two feet a year of my yard. Andrew Garner, Planning Director: The property was in the floodplain. They raised the site and brought several feet of fill in the property. They did receive a letter of map revision from FEMA. When they develop the property, it's not considered in the floodplain. I can't speak to the elevation difference directly. It is fairly flat, but does slope down from this property to Scull Creek about eight feet or so. It is built up fairly high. As they go through the development process they would still have to go through the process of getting a floodplain development permit. They aren't right within the streamside protection area, so that probably wouldn't come into play. To our knowledge 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 5, 2019 Page 16 of 27 this property hasn't been a flooding issue. Some of the other properties upstream may have some. The Engineering staff did not have any concerns with rezoning this. Ryan Gill, Harrison French & Associates Applicant's Representative spoke about the history of the property regarding map revisions and FEMA. He stated as they go through the Large Scale Development process they will meet all city requirements regarding drainage. Council Member Scroggin gave a brief description of the area. He spoke about fighting against the off-street parking on Steele because of worrying about drainage in the area. He spoke about parking in that area. He stated when Scull Creek floods, it takes out all the fences down his entire subdivision. He stated he is glad to hear that it has already been raised. He hopes they can start getting a flood plan or parking plan in uptown. He stated he doesn't want to allow five developers to develop and then realize there's a problem. He stated the next developer would have to take care of all of that, which is an undue burden. Council Member Marsh: I'm seeing a disturbing pattern of these lots in flooding areas being filled in with red dirt. It's transferring the flood burden onto adjacent properties and creating issues elsewhere in the watershed. Why are we allowing this and what do we need to do to stop this from happening? Andrew Garner: We could address it with code changes. We have been talking about some code changes in the Development Services Department to make it even more stringent to get floodplain permits. Alan Pugh, Staff Engineer: That's one of the things we are going to talk about tonight in a later item when we talk about the stormwater feasibility study. It's our intent if Council should move forward with that, to include portions of that within the study in Chapters 168 and 169. In general, FEMA and our requirements currently allow the filling of floodplains. They treat floodways differently and if that's something Council would like to address, we certainly could with code changes. Mayor Jordan: We have been looking at some of those types of code changes for a few months now. Council Member Marsh: I have seen this in my own neighborhood where they filled in a lot and it changed the stormwater pattern in the creek. It shifted the flooding burden onto adjacent landowners. Mayor Jordan: We've got to look at that. Council Member Turk requested for Mr. Gill to speak about the FEMA process. Ryan Gill went through the process and timeline when FEMA recategorized the land. Council Member Turk: What year was that done? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 17 of 27 Ryan Gill: I believe all the construction was done in 2007. The document in your packet shows that FEMA accepted it in February 2008. Council Member Turk: The reason I asked the date is because we've had a whole lot of floods since then. I'm guessing if FEMA hasn't already done it, they are going to start revising a lot of their criteria for that 100 -year flood. How many feet did you raise the elevation of the land? Ryan Gill stated he thought it was around five to eight feet, depending on where you are along the wall. Council Member Turk: Was any modeling done by you all to look at the flow of the water and velocity? Ryan Gill: Yes. We went through all the city and federal processes to raise it out of the floodplain. Council Member Turk spoke about her concerns about flooding issues the city has had recently. She stated climate change is continuing to get worse. Council Member Marsh stated she has concerns about floodplain. She spoke about her concerns of an Urban Thoroughfare development pattern that could potentially have a lot of parking lots and roof area. She stated from a land use perspective it works, but doesn't like rewarding developers that fill in floodplain areas with red dirt. Council Member Smith: It's already been filled with red dirt and that's not the most pervious surface to begin with. I wonder if this make it worse or is a parking lot under UT essentially the same impact with a different use. Council Member Kinion: As this is going through development, they have to have engineering. If they have an engineering plan, perhaps we could improve the management of the stormwater. Could that be part of the plan? Andrew Garner: There may be some local drainage issues that get improved when they have to go through drainage review. They would have to put in stormwater detention ponds. The property is already zoned Institutional, which would allow big office buildings and parking lots. From an impervious surface, I don't think the zoning would have a net change. Encouraging a development here might cause some improvements. City Attorney Kit Williams: The Mayor spoke well when he said we are going to improve our drainage regulations. That is how we need to attack this problem. Zoning is not the proper way to do it. I have never seen that used by a court to deny a rezoning, especially when it is red dirt. Council Member Gutierrez spoke about the stormwater plan. She stated it's a great use of land and taking care of the stormwater is a high priority in the process. Ryan Gill: When we bring this through the process, we will be working with staff to do water quality and stormwater management. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 5, 2019 Page 18 of 27 Council Member Smith stated while this may have two streets worth of street frontage, it's really got four sides worth of transportation frontage. He stated he hopes the applicant will consider the adjacent trail in the planning. Council Member Bunch stated this will butt up against the City of Johnson and they'll have to agree to it too. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6251 as Recorded in the office of the City Clerk RZN 19-6810 (1961 N. Porter Rd./Paradigm Development, LLC): An ordinance to rezone that property described in rezoning petition RZN 19-6810 for approximately 0.92 acres located at 1961 North Porter Road from R -A, Residential Agricultural to CS, Community Services. At the October 15, 2019 City Council Meeting this item was left on the first reading. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Andrew Garner, City Planner stated the project is not designed, but provided a copy of a schematic sketch showing how the roundabout concept could work in relation to the trail. Tracy Hoskins, Applicant stated he was available for questions. Council Member Scroggin: The entire property is outside of the planned roundabout? Andrew Garner: That is what it looks like. This isn't surveyed, but it looks to be outside of the right of way. Council Member Scroggin: Do you think it would be hard for him to put anything that would prevent us from doing the roundabout? Andrew Garner: I don't think so. It looks like we have plenty of right of way there. The site could be fully developed without an issue. Council Member Smith: We don't foresee any sort of access management issues this close to that kind of intersection structure? Andrew Garner: We would have to look at that at the time of development. There could be some access management issues with the higher volume on Porter Road. We would try to encourage curb cuts as far to the south during the development review. That volume of road and the speed 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 19 of 27 right there isn't a real dangerous situation to our knowledge. I don't think it is a major concern at this point. Council Member Smith: Do you foresee any issues? Tracy Hoskins: At this time, we don't have any plans for the property. I don't recognize any access management issues. Council Member Smith 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6252 as Recorded in the office of the City Clerk New Business: Fayetteville Public Schools (MOU): A resolution to approve the addition of 2.0 full time equivalent positions to the Police Department, to approve a Memorandum of Understanding with the Fayetteville Public School District to provide two additional school resource officers, and to approve a budget adjustment. Mike Reynolds, Chief of Police gave a brief description of the resolution. Council Member Smith: Are the SRO's part of the community policing division or part of patrol? Mike Reynolds: They are part of our Specialized Unit's Division. They oversee our motor units and permitting processes for all special events hosted in Fayetteville. That is the disconnect we have right now because they are on site at the Police Department and have no direct oversight of supervision at the school system. Therefore, we are proposing one SRO Sergeant that will be on site at Fayetteville High School and will report directly to Dr. Colbert and Dr. Slocum. Council Member Scroggin: I was hoping for another trail officer, but the actual time we need trail officers is when people aren't in school. What is the prospect of making an SRO a trail officer during the summer when we most need one? Mike Reynolds spoke about the reasons as to why he did not think it would be a possibility. He stated in the summer, they try to do the Youth Citizen's Police Academy and schedule their vacation because they don't want to vacate the schools during the school year. Council Member Scroggin spoke about the need of a trail officer to make people feel more comfortable. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 20 of 27 Mike Reynolds: Our Trail Officer is a new program that we started at the first of the year. We have a lot of concerns about Officer Clarisa Navarro being out there by herself without a partner on the trails system. We would certainly entertain another trail officer. Council Member Scroggin: She does an excellent job and is taking on so much. Council Member Marsh echoed Council Member Scroggin concerns. She spoke about school shootings and mental health care. She encouraged people to reach out to higher government officials for stricter gun control laws and universal health care. Council Member Gutierrez stated she will support the resolution. She spoke about a mental health plan. Council Member Marsh moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 249-19 as recorded in the office of the City Clerk Jack Tyler Engineering, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $15,500.00 plus applicable taxes and freight charges from Jack Tyler Engineering, Inc. for the rebuild of a pump and motor for the Broyles Avenue Lift Station, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Aaron Watkins, Assistant Operations Manager gave a brief description of the ordinance. He stated the Water & Sewer Committee voted unanimously to forward it to the Council for approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh and Kinion voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh and Kinion voting yes. Council Member Petty 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 Kinion voting yes. Council Member Petty was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 21 of 27 Ordinance 6253 as Recorded in the office of the City Clerk Jacobs Engineering, Inc. Amendment No. 2: A resolution to accept and adopt the Stormwater Study for Flood Management and Water Quality Funding, to approve Amendment No. 2 to the Professional Services Agreement with Jacobs Engineering, Inc. in an amount not to exceed $150,200.00 for additional services related to the development of final recommendations for the creation of a stormwater utility, and to approve a budget adjustment. Alan Pugh, Staff Engineer gave a brief description of the resolution. Heather Dyke, Jacobs Engineering is a consultant to the City of Fayetteville. She spoke about the Feasibility Study findings. She spoke about the vision and goals of the program. She spoke about the metrics for success and key findings. She gave a brief overview of the feedback from Council and stakeholders as part of Survey two. Council Member Marsh: When we talk about our waste reduction goals or our energy improvement goals, we have more exciting goals to sell to our community. I want to see a 20% improvement in water quality in runoff, volume and sedimentation. I feel we are selling a stormwater utility on stuff that should be routine maintenance. We should be more ambitious in our goals and tie this to the quality of our water in our region. Heather Dyke: I completely agree with you. I will caution that you want to make sure things are achievable. I'm not saying that de -listing the city streams or such is not achievable, but many streams these days are impaired by bacteria. There's such a wide disperse of sources that I'm hesitant to offer that up as a goal. While we don't want to hedge things so that we know we are going to achieve them, I want them to be achievable with our current regulatory framework. Should we go forward over the next year in some of our stakeholder involvement, to try to flush that out a little bit? Council Member Marsh: Yes. We need to get people excited about water quality. That is going to take some more ambitious goals than the list that is here. I definitely think we need to do all these things. Our current Development Codes allow for a 20% increase in runoff and that's unacceptable. As our land gets more developed, we are going to get more runoff and water pollution. We need to be taking more aggressive action to mitigate the impacts of development, to remediate existing problem areas, and to incentivize better best practices. There's nothing in here that would impact the quality of development that developers are doing. This is a great start, but we need to go deeper and set a higher standard. Alan Pugh: W have talked about that and we can achieve a lot of that. One of the themes we heard was about new development causing flooding. We don't want to downplay that, but we understand the vast majority of our flooding problems we saw were in the older parts of town. We are trying to determine how to incentivize those individuals who have existing properties with impervious areas, to retrofit those. That will be a huge metric we might be able to get a better handle on. This will directly relate to the water quality goals you are talking about. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 22 of 27 Council Member Marsh spoke about forming a fund that could help pay. She stated they need a grants program. Council Member Turk: I agree with Council Member Marsh. What I found missing in the report was the goal of getting off the impaired stream list. We could have another section on there that talked about the status of our streams close to the area. If it is bacteria, we could say something that would say this may not affect bacteria. There is a lot of room to demonstrate improvement. We need to think about how we go forward with more green development, climate change, and high variability. Heather Dyke stated the point is well taken because it is a flood management and water quality funding study. She continued providing a high-level overview of the report. She stated it says a lot about the City of Fayetteville that water quality is in the top three of the survey results. Susan Norton, Communications & Marketing Director spoke about the survey results. Heather Dyke: There might be valid reasons that some people decided to take the survey more than once. The software company went back and did an analysis and came up with some good reasons why that might be. There were roughly 30 taking the survey multiple times. She spoke about feedback rates and stakeholder driven next steps. She spoke about establishing inner governmental agreements with some of the key entities and requested Kit Williams feedback. She stated it was her understanding that in Arkansas they are called interlocal agreements. City Attorney Kit Williams: Our biggest problem is that we don't have much leverage. Hopefully they will be good citizens and we can work something out. Heather Dyke stated her appreciation for the opportunity to have completed the study for City Council. Council Member Marsh: I am pleased to see the report. We are moving in the right direction, but with more ambition needed. I have concerns about tying it to property taxes because it is a burden. I encourage us to break that into small pieces for lower income people to afford. Council Member Smith: When talking about alternative rate structures for percent of impervious surface, how does that look from an equity standpoint if you've got a small lot that's mostly house versus a huge store that has a moderate amount of green space? We aren't talking about those paying the same or somebody with a lower percent, but a much higher total impervious surface? Heather Dyke: The way things are set up now is based on a one to one relationship. You already have an incredibly equitable draft rate structure that's in the Funding Study. You are one of the few communities offering up a customer neutral rate structure. That is a big deal because in many other areas where they bill a flat rate per residential and then total imperviousness for non- residential, it ends up that non-residential can end up subsidizing some of the stormwater services for residential. The way the percent pervious rate structures work is that it's usually only for larger amounts of imperviousness. I can get something in writing for you with complete references. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 23 of 27 Council Member Smith: It's not a top to bottom kind of re -scaling? It's just a way of targeting the harder to measure ones? Heather Dyke: Exactly. Council Member Marsh: I want to make sure we are not disincentivizing infill or small lots and rewarding large lots. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 250-19 as recorded in the office of the City Clerk RZN 19-6833 (SE of Dunn Ave. & 11th St./Castrellon): An ordinance to rezone that property described in rezoning petition RZN 19-6833 for approximately 0.06 acres located at 510 West 11th Street from I-1, Heavy Commercial & Light Industrial to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Andrew Garner, City Planner gave a brief description of the ordinance. He stated the Planning Commission voted unanimously in favor to forward the item to the Council for approval. Ryan Castrellon, Applicant stated he was available for questions. Council Member Petty: Why did you choose Neighborhood Conservation? Ryan Castrellon: When I purchased both parcels, the realtor and staffer, Quin Thompson recommended I choose that. I am going to use it for personal use. Council Member Marsh 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. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6254 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 November 5, 2019 Page 24 of 27 Amend Chapter 159 Fee Exemptions: An ordinance to amend Chapter 159 Fee Exemptions of the Fayetteville Unified Development Code to clarify that homeless shelters are exempt from building permit fees, water and wastewater impact fees, police and public safety impact fees, and fire protection system impact fees. City Attorney Kit Williams read the ordinance. Andrew Garner, City Planner Gave a brief description of the ordinance. He stated staff recommends approval. Mayor Jordan: When this was brought to my attention, I thought this would be something Council would want to do to help those that need the help most. Council Member Scroggin: Do we have any idea of a budget impact on this? City Attorney Kit Williams: We have never collected anything and this ensures we will not collect anything from a homeless shelter. Will Dockery, 4149 Bradstreet Lane: As someone who grew up super poor, this is a good thing. It takes decades to get out of poverty. Rob Qualls, Citizen thanked staff and Council for finding opportunities to help people in need. Council Member Marsh 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. Council Member Scroggin 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: When you look at the homeless population, about 30% are veterans and 30% are children. This is one of the ways we can help relieve a little bit of that need. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6255 as Recorded in the office of the City Clerk Ozarks Electric Cooperative and Today's Power, Inc. Interconnection Agreement: An ordinance to waive competitive bidding and approve contracts with Ozarks Electric Cooperative Corporation and Today's Power, Inc. to provide for the interconnection of the city's solar facilities 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 5, 2019 Page 25 of 27 at the Westside and Noland Wastewater Treatment Plants with the Ozarks Electric utility grid, and to provide for the ongoing maintenance of those interconnected facilities at a cost of $20,116.00 per year for the 20 -year term of the solar project. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Environmental Director gave a brief description of the ordinance. Council Member Smith: We have had a couple of additional things like this come through since the first big contract on the whole project. Is this the end or should we expect a few more of these along the way? Peter Nierengarten: As far as I am aware, this is the end. Council Member Smith: This amount I imagine doesn't have too big an impact on the overall bottom line of the project over its life span. Peter Nierengarten: We included this $20,000 number in our return on investment calculation and it takes it to a 4.4 year on our investment. Council Member Smith: This was all foreseen in what we discussed previously? Peter Nierengarten: Yes. City Attorney Kit Williams: We assume it's going to be a 20 year at least project, so for the next 15 years, it's going to be a good return for our taxpayers once we have the initial stuff paid off in 4.4 years. Council Member Scroggin 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 Scroggin 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. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6256 as Recorded in the office of the City Clerk The Field Shop, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve a quote from the Field Shop, Inc. of Little Rock in the amount of $14,390.42 plus any 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 5, 2019 Page 26 of 27 applicable taxes and freight charges to reconfigure and install audio systems in City Hall Room 326. City Attorney Kit Williams read the ordinance. Doug Bankston, Director of Media Services gave a brief description of the ordinance. Mayor Jordan: When I sit in on the Transportation and Water & Sewer meetings, I have a little trouble hearing in the back of the room. This will be a good improvement because there's a lot of background noise going on in that room. Council Member Marsh: Room 111 does not have any outlets on the table. Do we have any plans to do something about that? Doug Bankston: That was by design when working with Facilities Management and IT. That room is a multi-purpose room. It allows for tables to be broken down, clear them out, and open the space up. Putting those kinds of things in cabling onto the table made it extremely difficult. Before the room was upgraded, there were those types of outlets connected to those tables. It slowed down the breakdown for Facilities Management when they had to reconfigure the room for events. Council Member Marsh: It's a challenge in that room. It would be great if we could at least get some extension cords or power strips. There have been several times I've needed an outlet and not had access. There was a brief discussion about how to remedy the problem. 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. 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. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6257 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 November 5, 2019 Page 27 of 27 Announcements: Susan Norton, Communications & Marketing Director spoke about the E -Scooter ordinance. She spoke about Free Cat Friday at the Fayetteville Animal Shelter. She stated the deadline for the City Clerk Treasurer application is November 7, 2019 at 5:00 pm and the Special City Council meeting will be November 14, 2019 for the selection from the application pool. She stated the Gregory Park Ribbon Cutting was rescheduled to November 16, 2019. She spoke about the public input session meetings for the Cultural Arts Corridor project. She spoke about the retail and restaurant survey on Speak Up Fayetteville. She stated the joint Board of Education meeting will be on November 13, 2019. All information about city business can be viewed on the City of Fayetteville website. City Attorney Kit Williams thanked all Veterans. He stated the city will be closed on Veterans Day in observance. City Council Agenda Session Presentations: None City Council Tour: None Ad'ourn ent: 11:08 p.m. r" LAineld Jour an ayor Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov