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HomeMy WebLinkAbout2020-05-05 - 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 Kara Paxton City of Fayetteville Arkansas City Council Meeting May 5, 2020 City Council Meeting Minutes May 5, 2020 Page l of 24 Council Member Sloan Scroggin Ward 3 Position i 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 May 5, 2020 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. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, and Kyle Smith joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: In light of the current health concerns, Fayetteville City Hall is closed to the public. This meeting is being held virtually. I am present in Council Chambers with a handful of essential support staff. City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two representatives from the IT Department. City Council Members, City Staff, and the public are participating online or by phone. Other than those of us you see before you, the voices you hear during the course of this meeting are being recorded for public record and piped 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 2 of 24 into the Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, joining the Zoom conference by smartphone, tablet or computer. Instructions are shown onscreen. Staff can view when you join the meeting and when you raise your virtual hand. We ask that you refrain from doing this until the public comment portion of the item on which you wish to comment. I will provide a longer than usual period of time for you to raise your virtual hand. When recognized, please state your name and address for the record. Each speaker is allowed five minutes to comment, which staff will monitor. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None Consent: Approval of the April 21, 2020 City Council meeting minutes. Approved Arkansas Department of Transportation: A resolution to authorize Mayor Jordan to convey 1,434 square feet of right-of-way along Highway 16 to the Arkansas Department of Transportation for the Highway 16 Interchange Project for the amount of $5,175.00. Resolution 127-20 as recorded in the office of the City Clerk Bid #20-28 The McPherson Companies, Inc.: A resolution to award Bid #20-28 and authorize the purchase of oil and lubricants from The McPherson Companies, Inc. in variable amounts and for varying unit prices as needed for a term of one year with the option to renew for four additional one year terms. Resolution 128-20 as recorded in the office of the City Clerk Bid #20-35 Lewis Ford Sales: A resolution to award Bid #20-35 and approve the purchase of two Ford F550 and one Ford F350 trucks from Lewis Ford of Fayetteville in the total amount of $172,298.00 for use by the Parks and Recreation Department and Water and Sewer Operations Division. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 3 of 24 Resolution 129-20 as recorded in the office of the City Clerk H&E Equipment Services: A resolution to approve the purchase of a compact excavator with hammer attachment from H&E Equipment Services of Springdale, Arkansas in the amount of $72,491.21 plus applicable taxes and freight charges, pursuant to a Houston -Galveston Area Council cooperative purchasing contract, for use by the Utilities Department. Resolution 130-20 as recorded in the office of the City Clerk MHC Kenworth: A resolution to authorize the purchase of three Kenworth dump trucks from MHC Kenworth of Springdale, Arkansas for the total amount of $500,927.32, pursuant to a Sourcewell cooperative purchasing contract, for use by the Utilities Department, and to approve a budget adjustment. Resolution 131-20 as recorded in the office of the City Clerk Peterbilt Dump Truck: A resolution to authorize the purchase of a dump truck from Peterbilt of Fort Smith, Arkansas for the amount of $174,480.00, pursuant to a Sourcewell cooperative purchasing contract. Resolution 132-20 as recorded in the office of the City Clerk Friends of YRCC Donations: A resolution to approve a budget adjustment in the amount of $4,329.00 representing donations from Friends of YRCC to fund a summer internship with the summer Fun4Kids and Fun4Teens camp programs offered at the Yvonne Richardson Community Center. Resolution 133-20 as recorded in the office of the City Clerk Watershed Conservation Resource Center Task Order No. 4: A resolution to approve Task Order No. 4 with the Watershed Conservation Resource Center in the amount of $58,000.00 for continuing native vegetation establishment efforts and minor adjustments within the stream as necessary to ensure continued success of restoration projects. Resolution 134-20 as recorded in the office of the City Clerk Henard Utility Products, Inc.: A resolution to approve the purchase of 1,000 cellular advanced metering infrastructure water meters from Henard Utility Products, Inc. in the amount of $196,960.00, plus applicable taxes and freight charges, for use by the Utilities Department, and to approve a budget adjustment. Resolution 135-20 as recorded in the office of the City Clerk Bid #20-33 The Field Shop, Inc.: A resolution to award Bid #20-33 and authorize a contract with The Field Shop, Inc. in the amount of $47,020.41 plus applicable taxes and freight charges for the installation of new led lighting fixtures and a dimming system in the Television Center Studio. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes May 5, 2020 Page 4 of 24 Resolution 136-20 as recorded in the office of the City Clerk Council Member Smith moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Zion Road Construction Project Condemnation and Possession: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Tracy Gaddy -Mayes needed for the Zion Road Construction project. At the April 21, 2020 City Council meeting this resolution was tabled for two weeks. Chris Brown, City Engineer: I am happy to report that we do not need this Council action. We were able to come to an agreement with the property owner. We received the signed right-of-way and easement documents today. We now have all the right-of-way necessary and will be able to move forward to bidding and construction very soon. There was a brief description about tabling the item indefinitely. Council Member Scroggin moved to table the resolution indefinitely. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This Resolution was Tabled Indefinitely. RZN 20-7014 (1324 W. Mt. Comfort Rd./Tillman B, LLC.): An ordinance to rezone that property described in rezoning petition RZN 20-7014 for approximately 0.27 acres located at 1324 West Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate -Urban. At the April 21, 2020 City Council meeting this item was left on the first reading. Council Member Scroggin 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. Garner Stoll, Development Services Director gave a brief description about the infill scoring matrix. Council Member Petty: The utility is a little limited right now and it would benefit from some waiting. Two of the parameters with respect to this particular property, you described as unusual. The first was whether or not it was near a park. It's near Lewis Fields, but those were not counted as a park? Garner Stoll: Yes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 5 of 24 Council Member Petty: It squeaked just out of the boundaries, which would have checked the box for being near the University? Garner Stoll: Yes. The point is that its objective, which brings into the focus its limitation. Council Member Petty: Absolutely. There should be no replacement for a more nuanced way of thinking. You said it was useful in comparing two different properties in at least some of these dimensions. It seems like the truer score is at least an eight and it's probably somewhere closer to nine based on the park parameter. Garner Stoll: That is a perfectly legitimate legislative interpretation of that score. Council Member Turk: Please elaborate on how those parameters were derived. Are there other cities that have similar infill score cards that you used to review this? Garner Stoll: The history of this effort was the Mobility Plan consultants brought metrics with that plan, which we used to score projects now. We score sidewalk projects and street projects. Infill was such a high priority issue with the public input as we were doing 2040. We thought perhaps we could see if we could create a score that would measure what public facilities are nearby that don't have to be extended, which is an efficiency issue. Secondly, what attractions or services are nearby for quality of life issues, which is important for many city decisions. The process for putting together the score was that the Planning staff worked with the IT Department and very extensively with our Planning Commission. You can look at Appendix 3 of the 2040 for more information. Council Member Gutierrez thanked Mr. Stoll and is looking forward to using the tool. She spoke about wanting to know what the average score for property in Fayetteville is. Garner Stoll spoke about the color -coded map that Council was looking at. He stated similar colors have similar scores. He stated 7 is typical, but can find scores from 9 to 11, and he found one that was 13. He stated if you go to the perimeter of the city, the scores are 3 or 4, which means water, sewer, fire response time, sometimes a park and sometimes close to services. He spoke about Rupple Road having a nine, which is on the high side. There was a brief description about accessing the infill map online. Council Member Marsh: I am glad we are developing this tool and agree that it's not there yet. I would like to see transit lines considered together. We've tried to eliminate some of the duplicates in service areas and that could be helpful. We are overprioritizing the 71 B Corridor. We should give some weight to our various neighborhood centers as well as the box around the city. We want to encourage infill, as well as adding a weighted value to the proximity of the U of A since it is our largest employer. I like the idea of grocery stores, but I would like to see us look at other services such as banks, restaurants, stores, and childcare. We are headed in a good direction. I would like for Council to have an opportunity to workshop this and help improve the tool. Thank you for your efforts in moving this along. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 6 of 24 Garner Stoll: Thank you and all good points. Council Member Smith: I'm glad we are getting to see this in action. I don't view this data map as instructive, as far as where we should look for places to infill. I look at it as an analytical tool that measures the infrastructure to tell us what areas they need to be ready to be infilled currently. The fact I see yellow in some areas and purple in others doesn't mean let's go build where the yellow is. We have our own intuition and judgment for where we should look for infill areas. If I see an area the Council thinks should be an infill zone that's a pale purple, then that is a sign it doesn't have the infrastructure to accomplish our goals and we should use that to guide our investments. Garner Stoll: Excellent point. It doesn't create the full range of information you need to make decisions, but it adds a convenient list of facts about each parcel. Council Member Smith: It's excellent for spotting gaps. Garner Stoll: Yes. The applicant would like to do a presentation. I told him that would be up to the Council. Mayor Jordan stated a presentation would be okay unless the Council disagrees. Blake Jorgensen, Applicant gave a brief presentation. He spoke about rezoning exhibits that the current City Council has approved previously. He stated he wasn't aware tonight that there was going to be a matrix score. He stated the tool has some tweaking to do, but it illustrates the point that his property is not an unreasonable request. He spoke about several properties that did get RI- U successfully from the far west side of town. He spoke about other property owners on Hendricks submitting rezoning requests. He stated his request is not unreasonable. He stated this Council has approved this same type of request in the past. Terri Phelan, Citizen disagreed that this is appropriate for the lot in the neighborhood. She stated there is no Bill of Assurance attached to the rezoning request that single family housing would be built. She stated infill has its place, but it's not this zoning and not this neighborhood. She spoke about remodeling and improvement programs. She spoke in opposition of the ordinance. Council Member Kinion: I would like to hold it on this reading. There was discussion about advancing to the third reading. Council Member Kinion: I would like to hold this because it is in my ward. The situation we are currently in is that there is not a lot of social interaction and less communication. In this neighborhood there's a deep connection with the neighbors. There is a heritage in the neighborhood of looking out for each other and a real concern of having some measure to protect the heritage of the neighborhood. Out of respect, I would like to hold it on this reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 7 of 24 Council Member Turk: We should allow more discussion from the public. Many people are intimidated by using Zoom or calling in We are in difficult times right now and should consider allowing three readings. Council Member Bunch: A lot of people are intimidated by using the Zoom feature. The few meetings we've had so far this way, we haven't had nearly as many comments and public input. Council Member Gutierrez spoke about being in favor of holding the item on the second reading. She encouraged Council Members to go visit the proposed rezoning site. She stated it is incredibly narrow and is concerned about the setbacks. Council Member Scroggin looked at the map and stated that a lot of the homes are rentals. He stated it would be nice to know which rezonings are going through Planning Commission. He stated maybe rezoning this as an entire block would make more sense than spot zoning. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Petty seconded the motion. After Council discussion, Marsh and Petty retracted their motion to advance to the third reading. Council Member Marsh: I am happy to hold it here, but it's not going to change my mind. We have a housing crisis and we need more housing. We need it in close proximity to transit, services, and existing infrastructure and this is that place. I am supportive of this rezoning. We need more diversity of housing types and we need to be better about meeting our housing needs. If that takes us several weeks rather than just doing this now, then that's fine. We are not approving a development proposal. We are approving a change in land use. For a long time in this country, people of color were denied opportunities to own homes. So, when heritage is talked about, you are talking about the history of people being limited in who can live in a neighborhood by zoning and lending practices. We need to open up opportunities for housing all around our community. I am tired of the bias against people without economic means or desire to be homeowners. Council Member Petty: We have seen homelessness increase by 150% over the last 12 years. It's easy for us to say all of that is due to wage stagnation and that our decisions about how housing is built in this city has had nothing to do with it, but that is equivalent to burying our heads in the sand. When people move to Northwest Arkansas, they are typically moving here because they are getting a better life. Usually that means they're earning higher incomes than the people who already live here and are outbidding people who live in these houses. If housing is not provided at the same rate that people move here, housing prices skyrocket and people get evicted. It is a sacred duty to care for future generations. Garner, what is the role of the Energy Action Plan? Garner Stoll: It is a plan that is significant. Many elements of the Energy Action Plan were translated to 2040. Our Planning staff evaluates rezoning request and looks at the land use. The 2040 and the Energy Action Plan are largely supportive of each other. The Energy Action Plan is all over the idea of reducing the length of trips, providing alternatives for trips other than using a car, and we always use that in our Planning staff reports. We talk about mixed -use and variety of housing types, which are supportive of the Energy Action Plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 8 of 24 Council Member Petty: As a representative of this ward and in many ways, I regret saying it, it seems like the adopted policies represented in the plans that this Council has passed were largely ignored or paid lip service when staff considered this property. In the staff memo, I see there were barely a few sentences that speak directly to the goals of our plan. I see most of the narrative explain why the recommendation is still justified even though it does not advance the other goals. It is concerning for me. We have been given a political recommendation, but not one that speaks to the policy goals we have enumerated in our planning documents. Garner Stoll: I understand your viewpoint. I disagree. That area is designated a residential neighborhood. Read the plan and the description of a residential neighborhood. It doesn't mean exclusively. It's not city neighborhood, it's designated residential neighborhood. If you look at the districts that were contemplated to implement residential neighborhood concepts, it's a broad range of districts, but certainly includes the district we had suggested of RSF-8. Council Member Petty spoke about respectfully agreeing to disagree on the matter. He stated the location of the property with respect to other recommendations looks like a smoking gun. He stated it is a highly preferenced location to jobs, services, and transportation. He stated he might be able to accept an explanation that the comprehensive plan and the goals within it had been given the consideration that they expect if the recommendation had not been RSF-8. He stated it's clear from the definition of residential neighborhood area in the comprehensive plan that it is intended to encourage a mix of residential types, but the Planning Department's recommendation was for an exclusively single-family district. He stated the request is not for anything other than a residential zone. He stated it is not a city neighborhood area and it's not a zoning request that would allow anything other than residences. Council Member Kinion: To mention the heritage of the neighborhood and turn it into some kind of racial argument was very offensive. It is certainly not what I meant. I am talking about the promise and recommendation the City Council made to an established neighborhood to help protect their neighborhood as a residential neighborhood. We need more affordable housing. This is an area that currently has single family homes that are somewhat affordable. Over the last five years, we've looked at the argument that the more density we have, the more affordable the homes will be. That has not been the case. Thank you to Mr. Stoll for trying to clarify the point of view, it is exactly the point of view we established before we got down to this point. This is not the right zoning for this property. There has to be more discussion on this to see if there is some way that we can come up with a resolution through a compromise. I hope the neighbors will get together and work on this also. The residential neighborhood needs to be protected. Council Member Marsh: The zoning they are requesting is a residential zone. We are just looking to add more residences to this neighborhood. It is allowing smaller lot sizes. If we were to look at housing affordability, new homes are naturally more expensive than existing homes. Just like cars, you can't compare the price of a new car to an old car. There is a certain new home cost that comes from building standards, higher wages, and higher material prices. What can impact the housing affordability is the land cost. Allowing smaller lot sizes will lower the land cost, which will lower the overall housing cost. One of the reasons we are seeing some of the inappropriately large homes, like the four bedrooms that are being rented out by the room is because we have barriers to building apartments and small homes in this city. To build four, one -bedroom cottages you would have to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 5, 2020 Page 9 of 24 pay four times the impact fees to build one four -bedroom house that you were then able to rent by the room. We have inequalities already in our fees structures system that are incentivizing the creation of these monster houses rented by the room that are preventing the development of small infill homes. We have our Welcoming City's Plan, which part of that plan considers all residents and not just homeowners. It speaks about retaining talent, including international students. It speaks about increasing access to housing and transportation services. If we want to be welcoming, lets infill these lots that are being under utilized and create housing opportunities. Council Member Turk: Here we go again in trying to destabilize a stable and modest neighborhood by totally transforming the neighborhood in a very large way. We need to have some consideration about the existing residents that have been there. You take away these houses that are affordable for renters and then you build a house that's $400,000 which is unaffordable. This has been going on all over town. We are losing affordable housing. We are in the middle of a pandemic. The projections we've been under saying a tremendous amount of growth up here may need to be revised. We don't know what is going to happen in the future and we need to be thinking that way. We need to consider the people that have been living in those areas for the last 30 years, paying taxes, owning, renting them out, and enjoying the neighborhood. Council Member Scroggin: I've got some issues if we consider enjoying a neighborhood, as making sure that people that have different incomes from us don't get to live there. I don't like saying that. Speaking of pandemics and people coming or going, the models of climate change say more people are going to come here, not less. Council Member Smith: If we were to vote tonight, I would be ready to do that. In two weeks, we will still be on Zoom and people who are not taking part in Zoom meetings probably still won't be. We have heard from this neighborhood in very recent memory and with strong confidence I know how they would feel about this rezoning. I have visited with Ms. Phelan and I'm 100% confident I would support a denser development for this neighborhood than she would feel comfortable with. The request in front of us right now is not the way I would do it. It's one lot that is in the middle of a neighborhood that leap frogs over the next stages of development. I am not willing to do that one lot at a time. Mr. Jorgensen pointed out that we are about to get an opportunity to do quite a bit more than one lot at a time. We need to look at a broader area and make a unified decision. I hope Mr. Jorgensen will visit with some of the other applicants and Ms. Phelan will visit with neighbors so that we can start a broader discussion. Maybe we could organize a neighborhood rezoning that will keep us from piecemealing it. This Ordinance was left on the Second Reading. Amend §96.02 Unreasonable or Excessive Noise Prohibited: An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to extend the city's noise regulations to all vehicle -related businesses. At the April 21, 2020 City Council meeting this item was left on the second reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 5, 2020 Page 10 of 24 Council Member Marsh 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. Council Member Turk: How often is the current noise regulation enforced? How difficult or easy is it to enforce the regulation? Mike Reynolds, Chief of Police: It has varied from time to time throughout my 27 years. We have had different incidents that have come up. We had the noise ordinance down on Dickson Street and was enforced quite heavily. Then we had issues that came up about vehicles with sound amplification devices and we enforced it. It takes time to change the behavior. I don't feel like the city has any issues right now that are overwhelming for the Police Department to enforce. We have a good handle on the noise ordinance at this time and it's rarely enforced. We typically gain compliance and don't see repeat offenders through education, police presence, and warnings. As far as the trail system and bicycles, as long as we have the capacity and resources, we can enforce that. I don't see it being a big issue for the Police Department at this time. Council Member Turk: You feel comfortable with enforcing the ordinance on the bike trails? Mike Reynolds, Chief of Police: I feel comfortable at this time. We don't get an overwhelming amount of complaints. If those complaints increase, we have one officer that is assigned to the trails full time. We have also been able to utilize our School Resource Officers during this pandemic. We currently have four officers that are full time on the trails system. It would be a good opportunity throughout the summer to educate people. Council Member Smith: What will the bicycle enforcement and experience be like? What is too much noise and how is it measured? Mike Reynolds, Chief of Police: From a bicycle, it is from 30 feet and plainly audible. The officer that is enforcing the ordinance would use a judgement call. There was a brief discussion about using common-sense judgement by the Police Department. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6305 as Recorded in the office of the City Clerk New Business: Chambers Baseball Complex: A resolution to name the baseball complex at Kessler Mountain Regional Park the Chambers Baseball Complex. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 11 of 24 Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. She stated the Parks and Recreation Advisory Board recommended approval. Council Member Petty: Is there anything time sensitive about this resolution? Connie Edmonston: No. Council Member Petty: I would appreciate having some more time with this item. I have an appreciation for the contributions of Mr. Chambers. I am concerned this is being done in an ad hoc manner and we are missing an opportunity to consider a more strategic approach to our fundraising for our parks. Council Member Gutierrez: What is the action item that will happen between now and the next meeting? What are we looking for to make sure you feel that this is done in a better manner? Council Member Petty: It's important for me to manage expectations. I am not going to bring back an action item or a fundraising plan or anything that looks like that. I am asking for the courtesy of the Council to consider this a little longer. When I previewed my concern that this was being done in an ad hoc manner, I want to learn how other communities raise funds deliberately. We heard at Agenda Session that we have not been raising funds in a deliberate manner. We do not have a plan to raise funds for our parks in the future and Fayetteville deserves one. We are big enough to have one. I am optimistic we can save some money from our bond issue if we are able to have a deliberately created fundraising plan. We might be able to save some money from the bond issue. Susan Norton, Chief of Staff. Connie and I have spoken since Agenda Session. It is a unique opportunity right now with our bond programs that we would possibly want to identify some strategy for fundraising or naming rights. Connie has some specific plans around the Yvonne Richardson Center Program. We will be more prepared in a couple of weeks to talk about some strategy for the bond projects. Connie Edmonston: We have been visiting with a potential donor who is interested in adding on to the Yvonne Richardson Community Center. We are in communication with them as part of our bond project. We are trying to get a schematic so that we can take back to them what exactly this might be. In the past we had a Friends of Parks group that met periodically to try and raise funding to build the Regional Park. They didn't have a lot of success. We also thought it might be a possibility to hire someone to help us fundraise. We put out an RFQ a couple of years ago and the cost came in a bit higher than what we had budget for and so it didn't happen. Susan Norton: We will take the next couple of weeks to try and identify some potential opportunities in that area. Council Member Petty: What is the operating budget of the Yvonne Richardson Center? What do we think the yearly operating budget is going to be for the Regional Park, the Cultural Arts Corridor or the rest of the parks system? These questions are meant to highlight an opportunity for us to consider this now. We are talking about spending multiple millions of dollars in our parks 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 12 of 24 program and with the contributions of people like Mr. Chambers, we have been able to do that in the past. He deserves recognition and it isn't meant to be a criticism of the proposed naming. We can potentially raise millions and we have cast aside this opportunity in the past because we didn't want to pay the modest amount that would be required for someone to manage a fundraising program or to pursue those kinds of grants and gifts. We are in the middle of a pandemic that's been talked about many times tonight to justify particular proposals in parliamentary actions. I would ask the Council and the administration, is it possible that there are entities in Northwest Arkansas who would like to be front and center in our exemplary park system on the day they reopen? I think there are. City Attorney Kit Williams: Kessler Mountain was a big fundraising project from day one. That is how we got the 200 acres given to us by Chambers Bank. It was a lot of hard work and was a giant donation worth at least $8 million dollars. Then there was the purchase when we bought 328 acres and the Walton Family Foundation through work from the city, which Jeremy Pate led the way on that, was able to secure $1.5 million dollars for us so we could buy that. Then the Fayetteville Natural Heritage Association put in an additional $200,000 to $300,000 to help build this park. Even though we don't have a professional system set up and maybe that would be the right thing to do, we have raised money many times for our parks system, including the Yvonne Richardson Center. That land was donated by a local law firm so that the Yvonne Richardson Center could be built. This goes way back in history that the city has worked to try to get help with building its parks and we have done a good job. It doesn't mean we can't have consultants that will do even better. Council Member Petty, you bring up a good point that maybe we should look at something like that so we can continue to get and increase the amount of help from the local community. Council Member Petty moved to table the resolution to the May 19, 2020 City Council meeting. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. This Resolution was Tabled to the May 19, 2020 City Council Meeting. Ozone Disinfection System Cleaning and Refurbishment Services: An ordinance to waive competitive bidding and approve a quote from Pinnacle Ozone Solutions, LLC for cleaning and refurbishment of the ozone disinfection system at the Noland Water Resource Recovery Facility in the amount of $39,300.00 plus applicable taxes. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the item was presented to the Water & Sewer Committee with a 4-0 vote to forward to Council for approval. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk 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.fayetteviIle-ar.gov City Council Meeting Minutes May 5, 2020 Page 13 of 24 Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Turk 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 6306 as Recorded in the office of the City Clerk Ozone Equipment Service Noland Water Resource Recovery Facility: An ordinance to waive competitive bidding and approve a contract with Pinnacle Ozone Solutions, LLC for an initial term of one year with automatic renewals to provide regular servicing of the ozone disinfection system at the Noland Water Resource Recovery Facility in the amount of $24,920.00 per year. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the item was presented to the Water & Sewer Committee with a unanimous vote to forward to Council for approval. Council Member Kinion 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 Kinion 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 6307 as Recorded in the office of the City Clerk Appeal RZN 20-7035 (618 N. Rupple Rd./Rupple Rd. LLC.): An ordinance to rezone that property described in rezoning petition RZN 20-7035 for approximately 8.60 acres located at 618 North Rupple Road from NS-L, Neighborhood Services -Limited to P-1, Institutional. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission did not approve it, which is why it is being appealed. He stated staff recommends approval of the P-1 request. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteviIle-ar.gov City Council Meeting Minutes May 5, 2020 Page 14 of 24 Council Member Petty spoke about legal and constitutional issues that were cited by City Attorney Kit Williams in several memos over the years. He stated it seems that it played a major part in the consideration of the staff recommendation for P-1. He requested to know if it is a possibility that the staff would have made a different recommendation if the loopholes in Kit's memo had been previously addressed. Garner Stoll: I'm not sure that makes all that much difference. The constitutional and federal law would still direct you to not consider church as a conditional use, which the present district does. Neighborhood Services Limited only allows it as a conditional use. The question we have debated among the staff level and we think it's a close call, was whether we could suggest Community Services. It would require the building to be oriented to the street, but it would be a use by right as an alternative. That is an option you have in front of you, but I think the City Attorney feels that even has issues. Council Member Petty: I appreciate that explanation, especially the nuance of the conditional use versus use by right. For me it doesn't eliminate the concerns the City Attorney has raised, but it gives me help that we maybe have a legislative solution, so we aren't forced to give up our policy and planning goals on items like this in the future. You said the proposed rezoning was in part justified by the existing conditions on the site to the south. I can see on the screen why that determination is rational, but it begs a question, when does it stop? We have goals that are clearly aligned towards walkability, safer traffic speeds, and etc. I have a concern if we use existing conditions as justifications, there isn't an end in sight to the mistakes we have made in the past. Is that a justification we intend to rely on predominantly or is it the legal issue we are relying on predominantly? Garner Stoll: I think it is both. We also looked at what was requested, which is a large church. It is a debatable question on whether the church would add the interest and amenities that would soften the walkability of the sidewalk, if it were brought up to the street. To say they couldn't develop the parcel as a church would put us on an odd position in terms of the legal issues. The assumption was that the zoning should allow a church, someway. The question then becomes, is it better with some parking in front of it or is it better to bring that large megastructure up to the street. You are not going to get the interesting store fronts with lots of windows and entrances with people coming and going that would add to the walkability anyway. Council Member Petty: I am worried that the next applicant will be able to say, I should be able to put a big box or strip mall here because it matches the conditions to the south and that's the same argument that was justified tonight. The thing that is most important and what seems to be implied, we seem to be concluding that if a religious institution identifies a piece of property, they have the right to put their church on it. That may be so and I'm not arguing that. However, it means, if that's the case, that any parcel in any neighborhood and location in this city could be identified by a church and rezoned to this zone under the present code language. That seems to be something we have overlooked. Garner Stoll: That is a valid point. The list of uses in the P-1 district are very limited; public uses, schools, and churches. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 15 of 24 Dennis Blind, Olsson stated he was representing his applicant. He gave a brief historical description of the proposed rezoning. He spoke about the reasons for his appeal. He stated the applicant is a church related organization. He spoke about the applicant's meticulous data collection and analysis in their growth strategies. He stated the City of Fayetteville has P-1 Institutional where churches are a permitted use. He spoke about NS-L, Neighborhood Services - Limited not working for the proposed church floor plan. He spoke about the Planning staff recommending approval of P-1. He spoke about his applicant preferring the P-1 zoning. Council Member Smith: You looked at how the building would fit the land if it were moved up closer to the street in one of our form -based zones. Do you have those visuals that you could share with us to compare options? Dennis Blind: No, not for the presentation tonight. I don't have architectural style built for this type of situation. We did some site plans putting it at the building line. There was concern of trying to get people in and out of the building safely and efficiently with no front door. It would be up at Rupple Road, but the front would really be facing the back. We looked at other strategies and it was just contrary and detrimental to their successful operation. Council Member Smith: I don't want to get into the specifics of the development because that's not something we are allowed to consider at the land use stage. I'm trying to imagine the extreme scenarios in the different zoning areas we have. Sometimes it is useful to look at what the possibilities are and what the boundaries are. Will Dockery, 4149 West Bradstreet Lane stated he has no concerns about what would be built at the location. He stated the building would be within half a block from where he lives. He spoke about his concerns about build to lines, especially when it comes to walkability for a neighborhood. He spoke about the stretch of Rupple being one of the best new walkable areas. He spoke in opposition of the P-1 rezoning. Council Member Smith: What bothers me most about this is the scale of the building to the street. I wish that I didn't know it was a church because I understand the constitutional complications that come with us considering anything discretionary relating to religious institutions. The City Attorney pointed out in his memo that we have churches as a conditional use in so many of our zones is a problem and I hope I can work with Planning staff to proposes changes. In the meantime, I am looking at a building that doesn't fit in with this neighborhood. This is described as a 40,000 square foot building and the current zoning NS-L would cap its most intense use at 3,000 square feet. Garner Stoll: It does have a 3,000-foot cap, but that applies to use group 12A, which is the Neighborhood Services, Retail, and Office uses that are allowed in that district. If they were to come in for a conditional use permit for a church or if they were to develop residential, which is also allowed, that cap wouldn't apply. Council Member Smith: All of the other by right uses in that zone are residential or home occupation accessory dwelling units. A by right use in the current district is 3,000 square feet and here we are looking at 13 times that. If somebody came in and wanted to build a 40,000 square 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 16 of 24 foot warehouse or a commercial store, they would have to apply for a rezoning or conditional use permit to have that cap relieved. Would staff have recommended in favor of some completely secular use of that size in this context? Garner Stoll: It can't be used to weigh the cap. It only can be used to ask the Planning Commission to approve uses that are under the conditional use column, which is the column after the permitted uses. Those do not have a cap of 3,000 square foot. Council Member Smith: If they were asking for a rezoning to Community Services or Urban Thoroughfare for a 40,000 square foot comparably sized building, such as a store or warehouse, would we be inclined to recommend in favor of a rezoning that would allow something of that size if it were a different use? Garner Stoll: I am not aware of any guidelines that says the Community Services district or UT district prohibits larger structures. Council Member Smith: No, but they would allow it. I'm looking at other non -religious ways that we might encounter this situation and looking for the most neutral. Garner Stoll: Like an office building? Council Member Smith: Yes. Garner Stoll: I don't think that would weigh into our recommendation because a district doesn't have a limitation on it. Neighborhood Services General and Neighborhood Services Limited have building site limitations. Council Member Smith: In the change of zoning, that is a massive change and that's what bugs me. We change zonings all the time, but usually it's an incremental step and not a factor of 13 on a street frontage. I want to hold this and allow more time to think about it. Council Member Marsh: I would like to hold the item where it is. Council Member Petty stated he thinks the legal issues are clear and is in favor of dispensing with the item. Mayor Jordan: Council Member Petty, are you ready to vote? Council Member Petty: Correct. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 6-0. Council Members Marsh, Kinion, Petty, Scroggin, Bunch, and Gutierrez voting yes. Council Members Turk and Smith voting no. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 17 of 24 Council Member Smith: If we are going to look for a by right zone, I would prefer the Community Services zoning. It is better in compliance with our community design goals. The other uses in it are generally compatible if we are willing to go to larger businesses with what we are expecting from this area. Since this an appeal of a denial, I'm not sure how to make a motion to amend it. City Attorney Kit Williams: You can make a motion to amend the ordinance, Council Member Smith: It sounds like we are favorable to passing this. I don't want to leave them in a zone where they are conditional use. I don't believe that's a discretion that the Planning Commission needs to be saddled with. City Attorney Kit Williams: That is not as problematic and dangerous as where the Planning Commission left it, but I still believe it is unreasonably dangerous for us to do that. I agree with Council Member Petty in that in this case, the law is pretty clear. This does not necessarily mean if there was another entity that came in that was a secular entity, that we would be under as much danger because they won't have the federal law, RLUIPA, or the free expression First Amendment rights, which have been strengthened in recent past by the Supreme Court. My recommendation is it would be much safer in this situation to grant the only zoning district we have especially designed for large institutions and religious based facilities. We can modify our zoning code and maybe prevent some problems in the future, but in this case, it is too late to try to do that. I agree with the Planning Department recommendation for this to be rezoned to P-1. Council Member Petty: This is one of those kinds of situations that I have grown to detest. I think I've seen around a half dozen of these since I was first elected, where the argument is exactly the same in every single case. I confess to be a little bit fed up that some loopholes, which seen simple, haven't been closed. I want to support a change in this ordinance to anything like Community Services. I'm having some trouble justifying it and open to being convinced. I am not overeager to vote tonight. I am struggling that we have a zoning designation on the books, that in its own definition, says it's for religious institutions. If that one thing was not the case on this item, I feel as though I would have a lot more freedom to support and advocate for something else. Our City Attorney's advice has been inconveniently true. With the way the definition is written, there is no way to defend against an argument that may be made against us that says, we ignored what our own codes already say. I am eager to fix that and have already asked for legislation to be drafted so this doesn't happen again. Some people think we should change it now, but we should proceed with applications as they were filed, with the code that was in place whenever they were filed because of fairness. Council Member Smith: Council Member Petty, I want to correct you on your wording of the code. It doesn't say religious institutions, it says church related organizations. It mentions churches and doesn't mention synagogues, mosque, temples, monasteries or any other sort of religious gathering. Our codes religious language is already grossly biased towards certain sex and not others. We do a pretty good job of modifying our codes whenever they are out of compliance with state constitutions. We've got a lasting land use choice in front of us. I appreciate the conservative interpretation from the City Attorney that keeps us out of trouble. In this situation, I am unaware of any religious institution outside of perhaps a Las Vegas drive thru wedding chapel that would 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 18 of 24 be able or inclined to point to the position of their parking as a central tenet of their faith. We have a wealth of examples in town where religious institutions are already in compliance with what this zone would be asking of them. The risk is credible from the City Attorney's interpretation, but the level of that risk is grossly overstated. Will Dockery, 4149 West Bradstreet stated he would prefer the proposed CS zoning designation. He stated it would fit more with the character of the neighborhood. He spoke in favor of the proposed amendment. Council Member Smith moved to amend the ordinance to the Community Services zoning. Council Member Marsh seconded the motion. Upon roll call the motion passed 5-3. Council Members Marsh, Petty, Scroggin, Bunch, and Smith voting yes. Council Members Kinion, Turk, and Gutierrez voting no. There was a brief discussion about leaving the item on the Second Reading to allow more time for the public to review. Council Member Kinion: By changing this, are you saying we are at higher risk, equal risk or lower risk for any legal action? City Attorney Kit Williams: Neighborhood Services -Limited, which only allows a church to be built by conditional use without any question, would be a very dangerous position to be in. The city is in a very dangerous position by moving to rezone this property, not to what the church related organization has requested, but instead to a form -based district, which their applicant has said will not work for their religious facility. We have a problem, not only for the church, but as I pointed out in my memo, that if the church decides they can't build here, then this property of 8.6 acres that's been available for 20 years for someone to buy and develop on it, the sale might not go through. We stand in danger from the property owner for suing us for lost profits and damages because of this rezoning. We still will be in danger from the church because what has been argued here by the public and others is that because of aesthetic reasons, walkability, the church is going to be denied the zoning district that it's designed for in our code and aesthetics can have some significance, but they will never pass a strict scrutiny test, which we very well might be faced with by the courts. We face issues both for damages and attorney fees. I recommend against that as I already said previously. It's not as bad as NS-L, but it is still too much of a risk to take, especially during the current times with the city's revenue going down and we don't know when the COVID pandemic is going to be over and recession alleviated. This is a dangerous time to roll the dice. Council Member Kinion: We need to hold this for further discussion about the risk. Mayor Jordan: I think it is a good idea to hold it here. Council Member Smith: You mentioned it is aesthetics and we have talked about this numerous times in past instances that this is not solely an aesthetics issue. This is a public, health, and safety concern when we talk about walkability, neighborhood environment, and safety of pedestrians. Your memo asked for peer reviewed data of which I think there is plenty available to support studies on the built environment. I am curious about the exposure you are warning us of to a lawsuit 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 19 of 24 from the current landowner. Is it your position that any landowner can write a contract contingent on our action without consulting us first and then sue us for not taking the action they committed us to? City Attorney Kit Williams: There is a danger we could get sued. I'm not going to give advice to the landowner or say what his duties are. Many of the times when a property is requested to be rezoned from its current zoning, the contract to purchase is contingent upon the zoning. As long as we have the right to not zone what the applicant asks, then there isn't problem with whether or not we approve the zoning. If we are somehow violating the right of the purchaser to zone the property as we should or if they can establish to a jury satisfaction we should've zoned it that way, then yes, we could have damages for not acting as they believe we legally would be required to do. Council Member Smith: Does the current landowner have a religious liberty right to demand P- 1 zoning? City Attorney Kit Williams: I don't know who the current landowner is. I think that would not be his argument. That would be the church's argument. His argument would be that because we did not have the legal right to refuse to zone as the church had requested and he lost his sale. He can make that argument. I will do everything I can to try to defend the city, but that is a danger that I see. As City Attorney, I've tried to keep us out of trouble all these years, rather than waiting to see if trouble is going to land without any warning. You have my warning. You may discount it if you please. Council Member Smith: I am not fishing for trouble. With an argument that takes that many steps of contingencies, I have every faith in your ability to defend against it. Council Member Petty: As a matter of the record that has already been established tonight, the applicant has already demonstrated site plans where in which the needs of their client could be met, but has elected to pursue a different site plan because the applicant has a desire to use the exact same building that is used in 35 other cities. This Ordinance was left on the Second Reading. RZN 20-7025 (1318 S. College Ave./Hoffman Trust -College): An ordinance to rezone that property described in rezoning petition RZN 20-7025 for approximately 0.18 acres located at 1318 South College Avenue from NC, Neighborhood Conservation to RI-U, Residential Intermediate - Urban. City Attorney,Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated there were no issues identified at the Planning Commission hearing. He stated he has not heard any opposition to the request. He stated Planning Commission and staff recommend approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar_gov City Council Meeting Minutes May 5, 2020 Page 20 of 24 Alan Reed, Applicant Representative stated he concurs with the Planning staff. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. 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 Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez: I spoke to Garner about trying to figure out a neighborhood zoning consideration. We both agreed that right now is not the best time, but we hope in the near future when things normalize, we will consider that. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6308 as Recorded in the office of the City Clerk RZN 20-7026 (1023 S. Washington Ave./Hoffman Trust -Washington): An ordinance to rezone that property described in rezoning petition RZN 20-7026 for approximately 0.15 acres located at 1023 South Washington Avenue from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated there were no issues identified at the Planning Commission hearing. He stated Planning Commission and staff recommend approval. Alan Reed, Applicant Representative stated he was available for any questions. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. 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 Kinion 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 May 5, 2020 Page 21 of 24 Council Member Gutierrez: This is my neighborhood and I support infill in my neighborhood. I have seen a lot of great examples of RI-U and what people are doing. I am excited to see a lot of new and more options on housing. I am excited to see this project. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6309 as Recorded in the office of the City Clerk VAC 20-7042 (815 S. School./Farmers Co -Op): An ordinance to approve VAC 20-7042 for property located at 815 South School Avenue to vacate portions of rights of way and a general utility easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. Laurence Finn, Specialized Real Estate Group thanked staff for their work and was available for any questions. He thanked Mayor Jordan and Council for keeping the business of the city moving forward during troubled times. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. 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 Kinion 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 6310 as Recorded in the office of the City Clerk Steffan and Catherine Sarkin - Street and Drainage Improvements: An ordinance to waive formal competitive bidding and approve a cost share agreement with Steffan and Catherine Sarkin for street and drainage improvements along Storer Avenue with a refund in an amount not to exceed $36,696.63 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 5, 2020 Page 22 of 24 Chris Brown, City Engineer gave a brief description of the ordinance. Council Member Kinion 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 Kinion 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. Council Member Gutierrez thanked the Sarkins for the cost share improvements. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6311 as Recorded in the office of the City Clerk Amend §72.58 Off Street Parking Facilities; Rules and Rates: An ordinance to amend §72.58 Off Street Parking Facilities; Rules and Rates to authorize the Mayor to prohibit non -electric vehicles from parking in designated electric vehicle charging parking spaces in all city parking facilities. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Environmental Director gave a brief description of the ordinance. Council Member Smith: When we say we'll pay the standard rate while charging, is that the parking only rate or is there an additional charge for the use of the electricity? Peter Nierengarten: The current space across from City Hall requires that you pay the standard parking rate, which is 25 cents per hour from 8:00 am to 6:00 pm, Monday through Friday. Down at the Spring Street Parking Deck, parking rates are a little different. You pay to park from 3:00 pm to 5:00 pm, which is 50 cents an hour and then from 5:00 pm to 2 am is $1.00 an hour. You would have to pay that rate at the Spring Street Parking Deck. In addition, at the Spring Street Parking Deck, as part of the contract we are working on, you would have to pay for the electricity to charge at that parking space, so that would be two transactions. It is different from the way the space is across from City Hall, which is regulated where you only have to pay for the actual parking. Council Member Smith: What do you anticipate being the standard practice going forward as we roll more of these out and have a mix of levels? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 5, 2020 Page 23 of 24 Peter Nierengarten: The one rate will be all encompassing, where it covers the parking and electricity or it's an arrangement with a private company that manages the charging, then it would be where you have to pay for the parking separate from the electricity. Council Member Gutierrez: Do we have an example of how much an hour of parking is for the charging. and the parking? Peter Nierengarten: The rate charged for those spaces is $1.00 to connect and then 31 cents per minute or $12.60 per hour. That is for the Level 3 fast charging station and it typically takes about half an hour to charge at one of those stations. Council Member Marsh 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. Council Member Gutierrez 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 6312 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff spoke briefly about City of Fayetteville news. Information can be viewed on the City of Fayetteville website. City Council Agenda Session Presentations: Sales Tax Report, Paul Becker Energy Usage Update, Peter Nierengarten City Council Tour: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 5, 2020 Page 24 of 24 r�rrrr��ii��'y •` �� • \1 Y p •'�`tG'- : FAYETTEVILLE Kara Paxton, City Clerk Treasurer ­�w 101 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov