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HomeMy WebLinkAbout2014-05-20 - Agendas - Final ALDERMEN CITY OF Ward 1 Position 1-Adella Gray Mayor Lioneld Jordan V� Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Taay e e T 1 e Ward 2 Position 1—Mark Kinion ell �/ Ward 2 Position 2—Matthew Petty City Clerk Sondra E. Smith Ward 3 Position 1—Justin Tennant Ward 3 Position 2—Martin W.Schoppmeyer,Jr. Ward 4 Position 1—Rhonda Adams Ward 4 Position 2—Alan T. Long Final Agenda City of Fayetteville Arkansas City Council Meeting May 20, 2014 A meeting of the Fayetteville City Council will be held on May 20, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Bi-Monthly Report on Public Transit in Fayetteville Agenda Additions: A. Consent: 1. Approval of the May 06, 2014 City Council meeting minutes. APPROVED 2. Garver,LLC: A resolution to approve a professional engineering services agreement with Garver, LLC for design services for Kessler Mountain water main improvements in an amount not to exceed $105,600.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 99-14 Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3. Highway 16 Bridge Project: A resolution to authorize the conveyance of utility easements to the City of Elkins for water and sewer line relocations for the Highway 16 bridge project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 100-14 4. Community Resources Division Budget Adjustment: A resolution to approve a budget adjustment in the total amount of$8,926.00 representing citizen donation revenue for 2013 and 2014 and an ASPCA Grant for the Ranger's Pantry Pet Food Bank; donation revenue from the Fraternal Order of Police for the Senior Giving Tree Event; and CDBG program income received from a housing program lien payoff and taxi refund. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 101-14 B. Unfinished Business: None C. Public Hearing: 1. Stroud Investment Properties, LLC: A resolution to order the razing and removal of a dilapidated and unsafe structure owned by Stroud Investment Properties, LLC located at 540 North Betty Jo Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment. THIS RESOLUTION WAS TABLED TO THE JUNE 3, 2014 CITY COUNCIL MEETING. D. New Business: 1. VAC 14-4674 (Moore Lane in the Pines at Springwoods S/D): An ordinance approving VAC 14-4674 submitted by Jorgensen&Associates for property located at Moore Lane in the Pines at Springwood to vacate utility and access easements. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5688 2. VAC 14-4685 (Shiloh Dr. and Foxglove/Springwood C-PZD): An ordinance approving VAC 14-4685 submitted by Jorgensen & Associates for property located at Shiloh and Foxglove Drive to vacate a portion of a utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE 5689 E. City Council Agenda Session Presentations: 1. Annual Report from C112M Hill—Billy Ammons & Duyen Tran Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 2. Woolsey Homestead Historic Assessment Report—Don Marr, Chief of Staff F. City Council Tour: G. Announcements: Adjournment: 5:57 p.m. Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor,rezoning or development applicant,etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc.to be distributed to the City Council. If a member of the public wishes forthe City Clerk to distribute materials to the City Council before its meeting,such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 � m City Council Meeting: May 20,2014 Adjourn: e,S 1 �• Subject: Roll Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan City Council Meeting: May 20, 2014 Subject: Consent Motion To: V0 Motion By: Seconded: Petty Tennant Schoppmeyer Adams g Long Gray Marsh �j Kinion NA Mayor Jordan V t Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan City Council Meeting: May 20,2014 Subject: None Motion To: Motion By: Seconded: B. 1 Petty Unfinished Tennant Business Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan City Council Meeting: May 20, 2014 Subject: Stroud Investment Properties, LLC Motion To: 1(y,UL py Motion By: Seconded- C. 1 Petty Public Tennant Hearing Schoppmeyer Adams Long Gray 1 Marsh Kinion Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh IGnion Mayor Jordan City Council Meeting: May 20, 2014 Subject: VAC 14-4674 (Moore Lane in the Pines at S rin oods S/D) Motion To: pd � { �0,C� Motion By: KA K LP, ' Seconded: D. 1 Petty New Tennant Business Schoppmeyer Adams Long Gray Marsh Kinion 9 n Mayor Jordan - v� y Subject: VAC 14-4685 (Shiloh Dr. and Fox love/S rin ood C-PZD) Motion To: k VSA Motion By: d ?CWW Seconded: D.2 Petty New Tennant alp. ' �A ��a�U ( -Vwj 7' Business Schoppmeyer Adams Long Gray ,/ Marsh Kinion i��v' Mayor Jordan Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith,City Clerk FROM: Blake Pennington,Assistant City Attorne DATE: May 21,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of May 20,2014 1. Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC for design services for Kessler Mountain water main improvements in an amount not to exceed$105,600.00, and to approve a budget adjustment. 2. Highway 16 Bridge Project: A resolution to authorize the conveyance of utility easements to the City of Elkins for water and sewer line relocations for the Highway 16 bridge project. 3. Community Resources Division Budget Adjustment: A resolution to approve a budget adjustment in the total amount of$8,926.00 representing citizen donation revenue for 2013 and 2014 and an ASPCA Grant for the Ranger's Pantry Pet Food Bank; donation revenue from the Fraternal Order of Police for the Senior Giving Tree Event; and CDBG program income received from a housing program lien payoff and taxi refund. ALDERMEN CITY OF Ward 1 Position 1-Adella Gray Mayor Lioneld Jordan V� Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Taay e e T 1 e Ward 2 Position 1—Mark Kinion ell �/ Ward 2 Position 2—Matthew Petty City Clerk Sondra E. Smith Ward 3 Position 1—Justin Tennant Ward 3 Position 2—Martin W.Schoppmeyer,Jr. Ward 4 Position 1—Rhonda Adams Ward 4 Position 2—Alan T. Long Final Agenda City of Fayetteville Arkansas City Council Meeting May 20, 2014 A meeting of the Fayetteville City Council will be held on May 20, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Bi-Monthly Report on Public Transit in Fayetteville Agenda Additions: A. Consent: 1. Approval of the May 06, 2014 City Council meeting minutes. 2. Garver,LLC: A resolution to approve a professional engineering services agreement with Garver, LLC for design services for Kessler Mountain water main improvements in an amount not to exceed $105,600.00, and to approve a budget adjustment. Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3. Highway 16 Bridge Project: A resolution to authorize the conveyance of utility easements to the City of Elkins for water and sewer line relocations for the Highway 16 bridge project. 4. Community Resources Division Budget Adjustment: A resolution to approve a budget adjustment in the total amount of$8,926.00 representing citizen donation revenue for 2013 and 2014 and an ASPCA Grant for the Ranger's Pantry Pet Food Bank; donation revenue from the Fraternal Order of Police for the Senior Giving Tree Event; and CDBG program income received from a housing program lien payoff and taxi refund. B. Unfinished Business: None C. Public Hearing: 1. Stroud Investment Properties, LLC: A resolution to order the razing and removal of a dilapidated and unsafe structure owned by Stroud Investment Properties, LLC located at 540 North Betty Jo Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment. D. New Business: 1. VAC 14-4674 (Moore Lane in the Pines at Springwoods S/D): An ordinance approving VAC 14-4674 submitted by Jorgensen&Associates for property located at Moore Lane in the Pines at Springwood to vacate utility and access easements. 2. VAC 14-4685 (Shiloh Dr. and Foxglove/Springwood C-PZD): An ordinance approving VAC 14-4685 submitted by Jorgensen & Associates for property located at Shiloh and Foxglove Drive to vacate a portion of a utility easement. E. City Council Agenda Session Presentations: 1. Annual Report from C112M Hill—Billy Ammons & Duyen Tran 2. Woolsey Homestead Historic Assessment Report—Don Marr, Chief of Staff F. City Council Tour: G. Announcements: Adjournment: Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor,rezoning or development applicant,etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc.to be distributed to the City Council. If a member of the public wishes forthe City Clerk to distribute materials to the City Council before its meeting,such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 �.� VAC, H- 4W65 D.2 �p�i� a -pzb VAC 14-4685(Shiloh Dr.and Foxglove/Springwood C-PZD) Page 1 of 4 EXHIBITS' VAC 14-4685 LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A 20 foot utility easement located between lots 13, 14 and 17 of Meadow Field Commercial Subdivision (Springwoods Lot 1) in Fayetteville, Arkansas as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said lot 13 thence N55'38'1 4"W 25.06 feet to the P.O.B.which is a point on the center of said 20 foot utility easement thence N55°38'14"W 197.65 feet to the SW Corner of said lot 13 thence N87°33'08"W 214.47 feet and also being beginning at the SW Corner of said lot 13 thence N14°43'01"E 256.24 feet and said previously described lines being the center of a 20 foot utility easement to be vacated. D.2 VAC 14-4685(Shiloh Dr.and Foxglove/Springwood C-PZD) Pag VAC14-4685 SPRINGWOOD CPZD Close Up View % 0/x °Rr / A/ % CPZUr + '• I I+ll'� e/ / / SUBJECT PROPERTY ,fr ml Z % f % i <1 o Legend LL r ;:R-A ...... Multi-Use Trail (Existing) >? •••• ••• Future Trails O'eerv-itt Fayetteville City Limits VAC14-4685 Vit " Footprints 2010 Hillside-Hilltop Overlay District Design Overlay istrict 0 75 150 300 450 600 ------ Planning Area Fee, Atf I. r,= w JJ�1.111 n1 �YY''II IJ Zal � �,� l��A�lil NI �n M1J G I' �17.� I� 1...•1`�{1I7� � N. 1 „ �Sii i I. - � i�f'• � �.4 � f l t I \g' .III a •[`,T q�� r 'Q— it = a1 •- t' 1f....' • i- '....— . . . •i Legend Subject op _ Des4Boundary Plan • _ • . _ 0 0 1 D.2 VAC 14-4685(Shiloh Dr.and Foxglove/Springwood C-PZD) Page 4 of 4 City Council Meeting Minutes May 06,2014 Page 1 of 17 ALDERMEN CITY OF Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams �= T� Ward 2 Position 1—Mark Kinion {YJ Ward 2 Position 2—Matthew Petty City Clerk Sondra E. Smith Ward 3 Position 1—Justin Tennant TayWard 3 Position 2—Martin W. Schoppmeyer,Jr. ARKANSAS Ward 4 Position 1—Rhonda Adams Ward 4 Position 2—Alan T.Long City of Fayetteville Arkansas City Council Meeting May 06, 2014 A meeting of the Fayetteville City Council was held on May 06,2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Adella Gray Pledge of Allegiance Mayor's Announcements,Proclamations and Recognitions: Annual Arkansas Recreation and Parks Association Annual Conference Awards: Connie Edmonston, Parks & Recreation Director stated she was pleased to announce the City of Fayetteville won three awards at the Arkansas Recreation and Parks Association conference. She presented the awards to the recipients and thanked them for their work. Volunteer Group of the Year—Disc Golf Club Volunteer of the Year—Diane Gaynor, Community Garden Leader Natural Resource Award—Lake Fayetteville Prairie Restoration Project City Council Meeting Minutes May 06,2014 Page 2 of 17 Citv Council Meeting Presentations,Reports and Discussion Items: Quarterly Financial Report-1st Quarter 2014 Paul Becker,Finance Director gave a brief summary of the 15`Quarter Financial Report for 2014. A copy of the report was emailed to the City Council. Agenda Additions: None Consent: Approval of the April 15, 2014 City Council meeting minutes. Approved Animal Services Donation Revenue: A resolution to approve a budget adjustment in the total amount of $9,588.00 representing donation revenue to Animal Services for the first quarter of 2014. Resolution 83-14 as recorded in the office of the City Clerk. 2014 Bulletproof Vest Partnership Program: A resolution to authorize a fifty percent (50%) matching grant application to the 2014 Bulletproof Vest Partnership Program seeking a grant in the amount of $42,000.00 for the replacement of body armor vests for Fayetteville Police Officers and Emergency Response Team Officers. Resolution 84-14 as recorded in the office of the City Clerk. Garver,LLC: A resolution to approve a professional engineering services agreement with Garver, LLC for surveying and design services related to the installation of a propane fueling system at the Happy Hollow maintenance site in the amount of $33,800.00, approving a project contingency of$3,380.00, and approving a budget adjustment. Resolution 85-14 as recorded in the office of the City Clerk. Bid#10-47 King Electric Contractors: A resolution to authorize a contract with King Electrical Contractors in the amount of $37,770.00, pursuant to Bid #10-47, for the installation of LED trail light fixtures and light poles along the Tsa La Gi Trail, and to approve a ten percent(10%) project contingency. Resolution 86-14 as recorded in the office of the City Clerk. Bid#14-23 First Light and Whatley,Inc.: A resolution to authorize the purchase of LED trail light fixtures from First Light of Tulsa in the amount of $87,048.00 plus applicable sales tax, and to City Council Meeting Minutes May 06,2014 Page 3 of 17 authorize the purchase of light poles from Whatley, Inc. in the amount of $29,744.00 plus applicable sales tax,pursuant to Bid#14-23, for installation along the Tsa La Gi Trail. Resolution 87-14 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to authorize a professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of$371,396.00 for design and related services for improvements to Zion Road. Resolution 88-14 as recorded in the office of the City Clerk Jorgensen and Associates, Inc.: A resolution to authorize a professional engineering services agreement with Jorgensen and Associates, Inc. in an amount not to exceed $387,000.00 for design and related services for the extension of Rupple Road from Persimmon Street to Martin Luther King,Jr. Boulevard. Resolution 89-14 as recorded in the office of the City Clerk Amend Resolution 218-13: A resolution to amend Resolution No. 218-13 to approve a change order and authorize a payment in the amount of $3,451.74 to Royal Communications, Inc. for Phase One of the Access Control Project; to authorize a payment of $25,459.11 to Royal Communications, Inc. for equipment already purchased for Phase Two; to cancel the existing contract with Royal Communications,Inc. for Phases Two and Three; to approve a contract with Electra Link, Inc. through RFP 13-11 for Phases Two and Three of the Access Control Project in the total amount of $42,206.00; to authorize a ten percent (10%) project contingency; and to approve a budget adjustment. Resolution 90-14 as recorded in the office of the City Clerk. RJN Group, Inc.: A resolution to approve a contract with RJN Group, Inc. in the amount of $56,000.00 for professional engineering services,and to approve a budget adjustment. Resolution 91-14 as recorded in the office of the City Clerk Whole Foods,Inc.: A resolution to express the City Council's intention to pay for the installation of a traffic signal at Masonic Drive and College Avenue if Whole Foods, Inc. constructs its store at this intersection and to approve a budget adjustment of$150,000.00. Resolution 92-14 as recorded in the office of the City Clerk C112M Hill Engineers, Inc. Amendment No. 5: A resolution to approve Amendment No. 5 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. to increase the contract in the amount of $80,632.00 and approve a budget adjustment. City Council Meeting Minutes May 06,2014 Page 4 of 17 Resolution 93-14 as recorded in the office of the City Clerk C112M Hill Engineers, Inc.: A resolution to exercise a new five year option to renew the agreement for operations, maintenance and management services between the City of Fayetteville,Arkansas and CH2M Hill Engineers, Inc. Resolution 94-14 as recorded in the office of the City Clerk Biobased Realty, LLC: A resolution to accept Biobased Realty, LLC's offer of$200,000.00 as satisfaction of the City's right to receive a portion of the increased sales price of the raw land sold to Biobased Realty, LLC if such land is sold within ten years. Resolution 95-14 as recorded in the office of the City Clerk Alderman Tennant moved to accept the Consent Agenda as read. Alderman Adams seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. Unfinished Business: None New Business: Alderman Petty moved to amend the agenda and move the Block Avenue Parking to New Business#1. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. The following agenda item was moved from New Business # 8 to New Business # 1. Block Avenue Parking: A resolution to reaffirm the back-in parking design on Block Avenue between Dickson Street and Spring Street. Chris Brown, City Engineer gave a brief description of the resolution. He stated staff does not recommend any changes to the back-in parking. Alderman Tennant: The existing islands, if those were removed, we wouldn't lose any parking spaces if we made changes. Is that true? Chris Brown: We did not evaluate removing the islands. Some of those islands are to protect driveways and we would need to leave those in place. I don't know the answer to that if we eliminated some of the islands, if we would gain back those three spaces. Alderman Tennant: Would that change the cost if we took the islands out? Chris Brown: If you took them out totally, it would be comparable to the higher of the two cost. City Council Meeting Minutes May 06,2014 Page 5 of 17 Alderman Tennant: I hear both good and bad about the islands. Alderman Marsh: Is it true that some of those islands provide storm water filtration services? Chris Brown: That is correct. The storm water does run through those islands and provides a filtration aspect. Alderman Marsh: I've never had trouble backing into the spaces, but if I did, how far away would I have to park to access a pull-in front space? Chris Brown: There is a city parking lot at the corner of Spring and Block Avenue, which is at the end of this block. Alderman Marsh: So less than a block? Chris Brown: Yes. There are also pull-in parking spaces on the other two blocks of Block Avenue towards the square. Alderman Marsh: What about a parallel space? Chris Brown: There are a couple of parallel spaces right at the very north end of Block Avenue and along Dickson Street as well. Alderman Marsh: In less than a block I could find a variety of other ways to park my car if I was uncomfortable doing back-in? Chris Brown: Yes. Nancy Bittle, 2761 North Timberglen Lane stated she is a business owner and loves Fayetteville. She stated she has a difficult time with the back-in parking and believes it is difficult for a lot of residents and visitors to Fayetteville. She continued to voice her opinion and spoke in opposition of the back-in parking. Diane Modisette, 1923 East Joyce Boulevard stated she has been a resident of Fayetteville for 50 years. She stated backing into an angled parking space is new to her and inpatient cars have honked their horns at her. She continued to voice her opinion and spoke in opposition of the back-in parking. Camille Garland, 2824 Cluboak stated she works at Shag Salon on Block Avenue. She stated the back-in parking is a very big topic of conversation every day at her business. She stated back-in parking creates anxiety and she has lost clients due to the parking. She continued to voice her opinion and spoke in opposition of the back-in parking. Alderman Tennant: Do you ever hear anybody complain that the lines or the numbers in the parking spaces are faded? City Council Meeting Minutes May 06,2014 Page 6 of 17 Camille Garland: Yes. The letters that use to be on the front and on the side are gone. Alderman Tennant: One of the reasons I heard from city staff of why it was going to cost so much to replace it, is because they didn't paint the lines. It is embedded in the pavement and in order to change it they were going to have to sand the pavement down. Jeremy Pate, Development Services Director: The numbers are painted on with normal paint all throughout the downtown. The stripes are put on through a contract we have. They are thermal plastic. They are heated on to the pavement so that they stay longer. Laura Underwood, 2375 North Fox Trail and business location is at 611 West Dickson Street. She stated she is a cyclist and thanked the city for all the improvements that have been made for cyclist in the community. She stated that Block Street creates a narrow corridor and can only accommodate one vehicle and impedes multi-purpose flow. She continued to voice her opinion and spoke in opposition of the back-in parking. Richard Osborn, 26 East Center voiced his concerns and spoke in opposition of the back-in parking. Jim Hill, Beaver Electric at 208 North Block Street stated that petitions were submitted and had over 500 signatures suggesting to change the parking back to pull-in parking. He continued to voice his opinion and spoke in opposition of the back-in parking. Larry Davenport,2632 North Charleston Crossing stated that we have had four years to evaluate this experiment. He stated he would like the council to acknowledge they have heard members of the community say they do not want back-in parking. Tom Overby, 1855 West Pratt and business location is at 211 North Block stated that the meter identification is a real problem. He stated the number of parking spaces is his biggest issue. He stated he is in favor of the resolution. Alderman Tennant: I would like to applaud the businesses that came here today and all the people who signed the petitions. It is really good when we see involvement. I have been against this parking since it started. My big question has always been, why didn't the city do it anywhere else? I think the intention was good. Several things on this council, just in the time I have been here, we've done and said at the end of it, let's try this. If it doesn't work, then we will go back and look at it again. I usually feel pretty comfortable when I say that. I will be a little more uncomfortable moving forward when we say that because the first thing I'm going to start asking is, how much will this cost to change it if we ever need too. I spoke to a lot of the businesses up Block Street,not just the ones that are affected in this situation and most of them said, we are glad they stopped and didn't do it on up the road. I have a problem telling 500 citizens to get used to back-in parking. I have a real problem saying that we can't do this because it cost this much money. I think at some point we need to say this was a bad idea. It might work at some point in the future, but it is not working now. I am going to vote to change this. If I get out voted, I can promise each and every one of you that at the next budget session I City Council Meeting Minutes May 06,2014 Page 7 of 17 will make this a priority to put it in the next budget. Alderman Kinion: People that know me,know that I can be somewhat fiscally conservative. The arguments we have heard are emotional. They show the impact that this has had on individuals and businesses. I will not lose sight of these arguments as we move forward. However, my biggest concern is that I haven't heard a compelling story on why we have the urgency. We do have in place a budget that has already been approved with projects. We are already running a deficit in some other project areas and we are going to have to look seriously at how to resolve something that is evidently a problem. I'm going to support the resolution as it is written and this is with the understanding of those that have brought concerns forward. I do see that your points are directly impacting your businesses and the way you feel about the parking situation. As we move forward we must correct the situation. In the short run, I don't know where we can get the money to do it. It sounds like I am supporting back-in parking, but that is not the case. I am supporting the fact that we would have to impact other projects on the end of a very rough winter. We have some infrastructure issues that we are having to deal with. Alderman Long: Someone mentioned that emergency vehicles have trouble getting in and out of Block Street. Have you seen that as a problem? David Dayringer, Fire Chief: Block Street has always been too narrow. We can get up and down the street. When it was designed, we took the ladder truck down there and made sure there was a place for it in the multi-story buildings. We made sure it could get around the curbs and corners. When there are cars on both sides of the street it is tight, but we will get through it. Alderman Long: I had no idea how I was going to vote tonight. At first I was for changing it and then decided I should listen more to public input. Many in Ward 4 want this changed. When it went in I thought it was a terrible idea. I'm not going to vote to support the resolution. I think it is something that we need to come back to in the future if it stays the way it is. Alderman Marsh stated she is going to support the resolution due to a wide variety of parking opportunities downtown within one block. She stated she attended a workshop on economic development and discussed the concept of shopping a district. She stated she doesn't have trouble backing into the parking spaces. She believes others do not either because they are occupied on a regular basis. She continued to say that she doesn't see the need to spend money to tweak a parking issue when there are so many other transportation needs in the city. Mayor Jordan: When I went into this thing about four years ago, I wasn't a big fan of back-in parking. The staff came in and began to show me the advantages of back-in parking. We were trying to develop a street that was along the new urbanism design. Prior to that, I can't tell you the amount of people that use to call and talk about the speeding up Block Street. We needed to put some sort of traffic calming measures in and we did. We wanted to make it more pedestrian friendly and so we put the wider sidewalks in. The main thing that sold me on this was the safety aspect of it. When people back into a parking City Council Meeting Minutes May 06,2014 Page 8 of 17 space, they unload and load their family from the rear. When you leave the area you can see where you are going. Why didn't we do the other two blocks? Chris Brown: The original concept was for back-in parking on the block that it is installed on and also the block nearest to the square. The middle where the Little Bread Company is, was always pull-in because it was on the other side of the road.That was the concept that was approved. After the back-in parking, which was the first segment that was done was between Dickson and Spring. After that was put in, the Transportation Committee revisited the design and during construction changed the very southern end nearest the square. It was originally designed to have two of the three blocks. One of them was removed during the project because of the newness of the back-in parking and all of the questions about it. Mayor Jordan: Matthew, you were on that committee. There was probably three or four months of discussion. Alderman Petty: We had half a dozen meetings, counting the special public meetings. Mayor Jordan: It was discussed at length. I studied the accident reports from the Fayetteville Police Department. From Spring Street to Dickson, there was a total of seven accidents. One of those was the one we had last week when the gentleman was traveling at a fast pace when he hit the meter. As far as car to car accidents with back-in parking, how many have we had? Mike Reynolds, Deputy Chief of Police: In the block one section that we are talking about on back-in parking, we have had zero. Mayor Jordan: The area from Meadow to Center, we have had a total of how many accidents? Mike Reynolds: From 2010 to present, we have had 26 accidents that have occurred in that area. Mayor Jordan: I am talking about backing up and bitting a car. What I came up with was about 17. Mike Reynolds: 17 is correct. Mayor Jordan: What I am seeing is that the pull-in parking that everybody considers safer, has created 17 accidents with people backing out into traffic. These are the facts. I support the staff and the back-in parking. Alderman Tennant: Does the staff, based on these safety requirements support changing all the parking to back-in parking throughout the city? Jeremy Pate: Since 2010 the only other downtown project we have done is Center Street. We looked at different options for that section, but it wasn't an option for that street. We haven't done any other projects that would allow for that to be utilized. We have talked about other projects when constructing streets. We have had private developers ask if they can provide back-in angled parking. We haven't seen any constructed yet, but we have had inquires. City Council Meeting Minutes May 06,2014 Page 9 of 17 A discussion continued about the back-in parking options with future projects and development in the city. Alderman Adams stated a few years ago there had been conversations about doing some changes on the square for restaurants to have outdoor seating. She stated she was supportive of the idea and the biggest problem encountered was people not wanting their parking taken away. She stated that the change was not made to allow outside seating to save the parking spaces. She stated she is supporting the resolution because the parking spaces are important and need to be preserved. Alderman Petty: I voted against this four years ago. I was opposed to the design that got built and I had alternative designs drawn up. The reason we had so many meetings was because I insisted we talk about the alternative proposal I had. It failed. I was the only one to vote the way I voted. I didn't vote against it because it had back-in parking. Back then I tried so hard to get people that did business on that street to come to our meetings. I couldn't get hardly anybody to come. The folks on the street didn't participate in that discussion. The next time there is a project, you have to be there. Alderman Marsh moved to approve the resolution. Alderman Kinion seconded the motion. Upon roll call the resolution passed 5-3. Alderman Kinion,Petty,Adams,Marsh,and Mayor Jordan voting yes. Alderman Tennant, Schoppmeyer, and Long voting no. Alderman Gray was absent. Resolution 96-14 as recorded in the office of the City Clerk. Alderman Long moved to amend the agenda and move the City Council Support for Firefighters to New Business #2. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. The following agenda item was moved from New Business # 7 to New Business # 2. City Council Support for Firefighters: A resolution to express the City Council's support of a legislative enactment to create a presumption that firefighters who develop certain forms of cancer developed those cancers through their work as firefighters. Alderman Long gave a brief description of resolution. He thanked Mayor Jordan for co- sponsoring the resolution. He stated this is a resolution to support legislation at the state level to deem presumptive of illness in the line of duty for firefighters in the State of Arkansas. He stated that firefighters are exposed to carcinogens in two places mainly. He stated they are exposed through the air they breathe and things they touch in fires they are fighting and unventilated fire fighter houses. A video was played discussing firefighters that have passed away from cancer. Alderman Long: If one of our firefighters were to break their back during a fire and become disabled, it would be considered in the line of duty. If a firefighter were to be killed by a beam City Council Meeting Minutes May 06,2014 Page 10 of 17 collapsing on them while attempting to save our lives, it would be considered in the line of duty. The family of the firefighter would be taken care of in these cases. However, if a firefighter develops certain forms of cancer after years of fighting fires, cancers that are medically linked to job requirements, their illnesses in the State of Arkansas would not be deemed in the line of duty. Approximately 40 other states have passed legislation creating this presumption of illness linked to their on the job duties. Arkansas still falls behind and Arkansas law should be changed. It is time for our public to know the truth about the lack and care we offer to the survivors of our firefighters. Alderman Petty: Thank you Alan and Mayor Jordan for bringing this forward.I would be honored to go to Little Rock with you and lobby for this. Alderman Marsh stated she knows from working in the building industry how many toxins are in everyday building materials. She describe the many toxins that are in the materials. She stated that it would be impossible for a firefighter's health to not be adversely effected by exposure to toxins. Duane Cromwell, 335 Baxter Lane stated more fireman die after they retire or have to retire from cancer than from being killed on the job while fighting a fire. He stated that Arkansas is one of the paltry ten states that do not make it easy to receive benefits for cancer from working in a diesel fueled fire station. He continued to speak in favor of the resolution. Captain Mark Holloway, Springdale Fire Department stated that he and his fellow firefighters understand the risk. The obligation of government is to cover us when we suffer the harm that our job suffers us to. David Dayringer, City of Fayetteville Fire Chief stated his appreciation for the show of support. He stated that President Abraham Lincoln said, "The nation shall care for him who has born the battle and his widows and his orphans." Jimmy Vineyard, Representative of Fayetteville Firefighters Association stated his appreciation for the support in bringing the resolution forward. He stated that it is great to work for a city that looks after their employees. He stated he is in support of the resolution. Scott Veredy, 2357 Winwood Drive stated he applauds the initiative and spoke in favor of the resolution. Mayor Jordan: When I was a young man I worked for a construction company. We worked in a plant and we remodeling that plant. They took visqueen and put us in a room and visqueened us off. That was my first dose of cutting asbestos. It was so thick you could not see the person in front of you. Many of the workers in that particular room have gotten asbestos poisoning,but I have not. I told myself that I would make sure that other workers did not have to go through something like this. This is what I know about firefighters. The alarm goes off, they get into a flying piece of metal and they go to a fire. They put out the fire and they go through those fumes. You know why they do it and what they say? They say they are going to protect the citizens and their property. I think City Council Meeting Minutes May 06,2014 Page 11 of 17 it is time that we protected them. This is the right thing to do and it needs to be done now. I would like to encourage the Council to do the right thing and pass the resolution. Alderman Petty moved to approve the resolution. Alderman Marsh seconded the motion. Upon roll call the resolution passed 7-0. Alderman gray was absent. Resolution 97-14 as recorded in the office of the City Clerk Lose and Associates, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the agreement for professional landscape, architectural and engineering services with Lose and Associates, Inc. in the amount not to exceed $726,022.00 for design and construction documentation of the Regional Park. Alison Jumper, Parks & Recreation Department gave a brief description of the resolution. Alderman Mnion moved to approve the resolution. Alderman Marsh seconded the motion. Upon roll call the resolution passed 7-0. Alderman gray was absent. Resolution 98-14 as recorded in the office of the City Clerk. RZN 14-4659 (West Side of Beechwood and South of the Domain/Beechwood Properties): An ordinance rezoning that property described in rezoning petition RZN 14- 4659, for approximately 9.74 acres, located at the west side of Beechwood, south of the domain from I-1, Heavy Commercial/Light Industrial,to CS, Community Services. City Attorney Kit Williams read the ordinance. Jeremy Pate,Development Services Director gave a brief description of the ordinance. He stated that the Planning Commission voted 8-0 for approval and staff is recommending approval of the rezoning. Alderman Petty moved to suspend the rules and go to the second reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 6-0. Alderman Marsh was absent during the vote. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. Alderman Petty moved to suspend the rules and go to the third and final reading. Alderman Adams seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes May 06,2014 Page 12 of 17 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Gray was absent. Ordinance 5683 as Recorded in the office of the City Clerk VAC 14-4655 (Southwest Corner of Razorback and 15th/Razorback Student Housing): An ordinance approving VAC 14-4655 submitted by Crafton Tull for property located at the southwest corner of Razorback and 15`h Street to vacate a portion of a utility easement. City Attorney Kit Williams read the ordinance. Jeremy Pate,Development Services Director gave a brief description of the ordinance. He stated that the Planning Commission and staff are recommending approval of the request. Alderman Marsh: With this new development going in, will there be any infrastructure improvements required to that intersection or the sidewalks? Jeremy Pate: Yes. There will likely be new sidewalks on both Razorback and on 15' Street. Hopefully, connecting all the way to the trail and also to connect to the sidewalks that are along the University Square Development. A discussion followed about sidewalk and intersection improvements. Alderman Tennant moved to suspend the rules and go to the second reading. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. Alderman Adams: What happens if we don't vacate this utility easement? Jeremy Pate: The building would have to be pushed back off the street a bit. This is a form based code. The existing utility easement, which there are no utilities within it and there are no plans to put utilities within that utility easement prevents that from occurring right now. Their development plans places the utilities interior to the property and the conditions of approval reflect that. It could alternate the development plans as part of this project. The Planning Commission made recommendations in requirements as conditions of approval for this to occur. They are trying to pull the development away from the creek. Alderman Adams: That is helpful. Thank you very much. Alderman Kinion: Taking it out to the street for the very reason you said is pushing it right into where we are walking. It seems very crowded. I know there is a feeling that pushing things to the street makes it more pedestrian friendly,but that has not been my experience. I don't like to vacate things. In order to protect the stream it is going to be rather delicate over there. We have so much velocity as it approached that property that we do have to protect it. I think this is why it is