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Home My WebLink About2010-06-01 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 1, 2010 A meeting of the Fayetteville City Council will be held on June 1, 2010 at 6:00 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: Presentations, Reports and Discussion Items: 1. Quarterly Report of the Financial Condition of the City — City Clerk Sondra Smith, Finance Director Paul Becker. Agenda Additions: A. Consent: 1. Approval of the May 18, 2010 City Council meeting minutes. APPROVED 2. Bid #10-32 B&H Photo/Video: A resolution awarding Bid #10-32 and approving the purchase of video editing equipment in the amount of $39,792.00 from B&H PhotoNideo/Pro-Audio for use by the government channel and public access channel. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #10-33 J. Johnson Construction Company, LLC: A resolution awarding Bid #10- 33 and approving a contract with J. Johnson Construction Company, LLC in the amount of $46,279.00 for the construction of block retaining walls for the Frisco Trail from Maple Street to Spring Street, and approving a project contingency of$9,255.80. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-10 4. Investigate Covert Drug Transactions: A resolution authorizing the Fayetteville Police Department to accept additional funding through the 2010 Gulf Coast High Intensity Drug Trafficking Area (HIDTA) Grant in the amount of$31,695.00 to investigate covert drug transactions and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-10 5. 2009 Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing acceptance of a 2009 Arkansas Department of Environmental Quality Recycling Grant through the Boston Mountain Solid Waste District in the amount of $47,250.00 for recycling containers for the West Side Recycling Drop Off Facility, and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-10 6. Engineering Elements, PLLC: A resolution approving a contract with Engineering Elements, PLLC in the total amount of$25,900.00 for energy audit services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-10 7. Joe Perme Construction, Inc.: A resolution authorizing a contract with Joe Perme Construction, Inc. in the amount of $21,800.00 for improvements to a public facility building (1932 S. Garland) through the Community Development Block Grant Public Facility Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 93-10 8. Rausch Coleman Holmes, LLC: A resolution approving a contract amendment with Rausch Coleman Holmes, LLC for an additional $61,797.91 in 6" concrete pavement, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-10 9. Bid #10-35 All Around Landscaping, Inc.: A resolution awarding Bid #10-35 and approving a contract with All Around Landscaping, Inc. in the amount of$96,185.00 for planting and maintenance of trees, and providing a ten percent (10%) project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 95-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 10. Bid #10-38 TEECO Safety (Bullet Proof Vests): A resolution awarding Bid #10-38 and approving the purchase of Bullet Proof Vests with ballistic panels and carriers from TEECO Safety, Inc. in a total amount not to exceed $71,672.37 through the end of 2010 and in such amount in 2011 as authorized by the 2011 City Budget. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 96-10 11. ASPCA Grant (Microchipping & Tagging): A resolution authorizing application and acceptance of an ASPCA Grant in the amount of $5,000.00 for "A ticket home microchipping and tagging program" for the Fayetteville Animal Shelter and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 97-10 B. Unfinished Business: 1. Amend Chapter 72 (Nonconsensual Towing): An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville Code to enact regulations for nonconsensual towing of vehicles within the Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. This ordinance was left on the Second Reading at the May 18, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5322 2. Amend Chapter 72 (§72.18 Residential Parking Permit): An ordinance to amend Chapter 72 Parking Regulations by enacting §72.18 Residential Parking Permit Program for Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. This ordinance was left on the Second Reading at the May 18, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5323 3. Amend Chapter 72 (Electronic Payment Station Program): An ordinance to amend Article III Parking Meters of Chapter 72 Parking Regulations by changing its name and adding provisions for an electronic payment station program for paid parking lots and paid on-street parking and for other reasons. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. This ordinance was left on the Second Reading at the May 18, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5324 4. Amend Chapter 72 (§72.99 Penalties): An ordinance to amend Article III Parking Meters and Electronic Payment Stations of Chapter 72 Parking Regulations by amending §72.99 Penalties. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. This ordinance was left on the Second Reading at the May 18, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5325 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 5. Parking Program Personnel: A resolution approving a budget adjustment in the amount of$498,542.00 for the implementation and funding of the parking program in the Entertainment District Parking Zone and approving the addition of 2.5 full-time equivalent positions in the Parking Management Division for the 2010 budget. This resolution was tabled at the May 4, 2010 City Council meeting to the May 18, 2010 City Council meeting. This resolution was tabled at the May 18, 2010 City Council meeting to the Tune 1, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 98-10 6. Amend §72.02 Impoundment Procedures: An ordinance to amend §72.02 Impoundment Procedures of the Code of Fayetteville to clarify when the Police may initiate a nonconsensual tow of a vehicle. This ordinance was left on the Second Reading at the May 18, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5326 7. Amend Chapter §163.14 Revocation or Change of Conditional Use: An ordinance amending §163.14 of the Unified Development Code to permit a periodic review of conditional use permits as described herein. This ordinance was left on the First Reading at the May 18, 2010 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING. C. New Business: 1. Stream Standards and Wastewater Discharge Requirements: A resolution authorizing participation in cooperative regional efforts to monitor, evaluate, and report the likely effects that future proposed changes to Stream Standards and Wastewater Discharge Requirements may have on Northwest Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 99-10 2. 2009 General Improvement Fund Economic Development Grant: A resolution to accept a 2009 General Improvement Fund Economic Development Grant in the amount of$100,000.00 to purchase equipment for the exclusive use and benefit of the Northwest Arkansas Community College and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 100-10 3. ADM 10-3561 (Townhouse-Duplex Clarification): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville Chapter 151: Definitions and §164.11(B) to clarify the side setback requirements and definition of single family attached/townhouse dwellings. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5327 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Authorizing Interfund Loan for Parking Program: A resolution authorizing an interfund loan from the Replacement & Disaster Fund to the Off Street Parking Fund for the purchase of machinery and equipment necessary to implement the Entertainment District Parking Program, and providing for repayment of the loan over a sixty (60) month period at an interest rate of three percent(3%)per annum. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 101-10 5. Associated Time and Parking Controls: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Associated Time and Parking Controls in the amount of $810,974.00 for the purchase of access and revenue control equipment for the Entertainment District Parking Program, approving a project contingency of$11,153.00, and approving a budget adjustment of$774,335.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5328 6. §94.05 Use of Fireworks: An ordinance to amend §94.05 Use of Fireworks of the Code of Fayetteville. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5329 Announcements: Adjournment: 9:05 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak 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. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: June 1,2010 Adjourn: "" : 05 P,Ayb. Subject: Roll Thiel Cook Petty OCL WCvY- Rhoads V W�1/oe" Ferrell t ,, ^ ' Lucas ^ w�tr,�� Lewis 1� M+ Gray Mayor Jordan -O Subject: Motion To: Motion By: Seconded: Thiel Cook Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan City Council Meeting: June 1,2010 Subject: Consent Motion To: 1419f r"c Motion By: 00 f-- Seconded: LSeconded: Thiel i Cook Petty v� Rhoads Ferrell Lucas a'gypAtAJ I " Lewis v/ g g - 10 Gray I 0 Mayor Jordan 8-0 Subject: Motion To: Motion By: Seconded: Thiel Cook Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan City Council Meeting: June 1,2010 Subject: Amend Chapter 72 (Nonconsensual Towing) Motion To: —(�Xn Motion By: d Seconded: B. 1 Thiel LIZ Unfinished Cook 1/1� Business Petty ✓ Rhoads ✓ L✓ Ferrell / ✓ Lucas ✓ ✓ ss� Lewis ✓ t✓ 5 Gray !✓ Mayor Jordan g-o D Subject: Amend Chapter 72 (§72.18 Residential Parking Permit) Motion To: O-Ad plary -V is" l/ 00" 5;ze it ra. '5O `C V a r Motion By: � ok - Seconded: (✓� k B.2 Thiel ✓ Al Unfinished Cook ✓ ✓ ✓ Business Pew ✓ ✓ Al Rhoads ✓ ji/ Ferrell ✓ �/ ✓ I/ Lucas ✓ f/ r✓ t/ NCxf P 1P' Lewis r// ✓ ✓ Gray ✓ Mayor Jordan �w:u City Council Meeting: June 1,2010 Subject: Amend Chapter 72 (§72.18 Residential Parking Permit) Motion To: Motion By: Seconded- B.2 econded:B.2 Thiel Unfinished Cook ✓ Business Petty ✓ Rhoads Ferrell r/ Lucas ✓ S3°Z 3 Lewis Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Thiel Cook Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan City Council Meeting: June 1,2010 Subject: Amend Chapter 72 (Electronic Payment Station Pro ram) /� [ Motion To: Mtav�A Motion By: TTL J Seconded: T i B. 3 Thiel 601� Unfinished Cook bl� tm' 1111°`' Business Petty $I,-- Rhoads Ferrell Lucas Lewis G' Gray s+' Mayor Jordan f-C) SqSeconded: btAmend Chapter 72 (Electronic Payment Station Program) Thiel Unfinished Cook Business Petty p� Rhoads ' Ferrell 5 32� Lucas ',✓ Lewis Gray v,-' Mayor Jordan City Council Meeting: June 1,2010 Subject: Amend Chapter 72 (§72.99 Penalties) Motion To: r t Motion By: 14 � Seconded: B. 4 Thiel ,c , (, Unfinished Cook Business Petty �. Rhoads , F411E ` Ferrell t✓ 53 a 5 Lucas gse Lewis tom' Gray L� Mayor Jordan 7- Subject: Motion To: Motion By: Seconded: Thiel Cook Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan City Council Meeting: June 1, 2010 Subject: Parking Program Personnel Motion To: Motion By: Seconded: B. 5 Thiel V-° Unfinished Cook IS Business Petty Rhoads Ferrell �..•+ Lucas Lewis Io Gray Mayor Jordan r� Subject: Amend §72.02 Impoundment Procedures Motion To: m Q Motion By: Seconded: (!" o° B 6 Thiel ✓ y/ Unfinished Cook LI-41- Business Business Petty ✓ Rhoads V1, V/ �� Ferrell t/ Lucas 5 Z(„ Lewis Gray f/ Mayor Jordan '-0 $-o City Council Meeting: June 1,2010 Subject: Amend Chapter§163.14 Revocation or Change qof Conditional Use f Motion To: pp r W14 Motion By: S Seconded: a B 7 Thiel 6,'- Unfinished /Unfinished Cook ✓/ Business Petty Rhoads Ferrell v Lucas ✓ Lewis r_zck`s€I Gray ✓ {� Mayor Jordan 7—b $-t� Subject: Motion To: Motion By: Seconded: Thiel Cook Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan City Council Meeting: June 1, 2010 Subject: Stream Standards and Wastewater Discharge Requirements Motion To: Motion By: r. Seconded: C. 1 Thiel New Cook V1.1 Business Petty �s Rhoads y+` Ferrell Lucas Lewis [Gray 9Zayor Jordan Subject: 2009 General Improvement Fund Economic Development Grant Motion To: eve Motion By: Seconded: C. 2 Thiel Nen, Cook � Business Petty Rhoads i✓�f, Ferrell 1 Lucas 10 Lewis ✓� Gray Mayor Jordan j� ' City Council Meeting: June 1, 2010 Subject: ADM 10-3561 (Townhouse-Duplex Clarification) Motion To: A Ad Ir IM A L�.d. Motion By: �? Lim Seconded: C. 3 Thiel S' ✓ New Cook a✓ Business Petty ✓ ✓ t� Rhoads �/ i/ ✓ Ferrell ✓ t✓ i� 1 G� Lucas �' ✓ v'" Lewis ,,.o ✓ r� Gray f t/ Mayor Jordan Subject: Authorizing Interfund Loan for Parking Program Motion To: Motion By: Seconded: C. 4 Thiel New Cook �+ Business Petty Rhoads t� Ferrell ✓ Lucas dl (D Lewis Gray Mayor Jordan City Council Meeting: June 1,2010 Subject: Associated Time and Parking Controls Motion To: cqA d Motion By: �i Seconded: C. 5 Thiel v' New Cook &/ to® Business Petty gf` L-� t/ Rhoads p/ Ferrell ✓' lsl Lucas �S i✓ Lewis Gray tri Mayor Jordan -0 -� Subject: 94.05 Use of Fireworks Motion To: k/,„Q 44 _�Q(f Y Motion By: l�� p Seconded: C. 6 Thiel V ✓ New Cook �/ �/ ✓� Business Petty Rhoads Ferrell ✓ VIO, Lucas ✓ 11� v� qLewis ✓ - Gray Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Krr WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk --�_"- FROM: Kit Williams, City Attorney 2�.— —.--•...•.........................-- DATE: June 2, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 1, 2010 1. Bid #10-32 B & H PhotoNideo: A resolution awarding Bid #10-32 and approving the purchase of video editing equipment in the amount of $39,792.00 from B & H PhotoNideo/Pro-Audio for use by the Government Channel and Public Access Channel. 2. Bid #10-33 J. Johnson Construction Co., LLC: A resolution awarding Bid #10-33 and approving a contract with J. Johnson Construction Company, LLC in the amount of $46,279.00 for the construction of block retaining walls for the Frisco Trail from Maple Street to Spring Street, and approving a project contingency of $9,255.80. 3. Investigation of Covert Drug Transactions: A resolution authorizing the Fayetteville Police Department to accept additional funding through the 2010 Gulf Coast High Intensity Drug Trafficking Area (HIDTA) grant in the amount of $31,695.00 to investigate covert drug transactions and approving a budget adjustment. 4. 2009 ADEQ Recycling Grant: A resolution authorizing acceptance of a 2009 ADEQ Recycling Grant through the Boston Mountain Solid Waste District in the amount of $47,250.00 for recycling containers for the west side recycling drop off facility, and approving a budget adjustment recognizing the grant revenue. 5. Engineering Elements, PLLC: A resolution approving a contract with Engineering Elements, PLLC in the total amount of $25,900.00 for energy audit services. 6. Joe Perme Construction, Inc.: A resolution authorizing a contract with Joe Perme Construction, Inc. in the amount of$21,800.00 for improvements to a public facility building (1932 S. Garland) through the Community Development Block Grant Public Facility Program. 7. Rausch Colemen Homes, Inc.: A resolution approving a contract amendment with Rausch Coleman Homes, LLC for an additional $61,797.91 in 6" concrete pavement, and approving a budget adjustment. 8. Bid #10-35 All Around Landscaping, Inc.: A resolution awarding Bid #10-35 and approving a contract with All Around Landscaping, Inc. in the amount of $96,185.00 for planting and maintenance of trees, and providing a 10% project contingency. 9. Bid #10-38 TEECO Safety (Bullet Proof Vests): A resolution awarding Bid #10-38 and approving the purchase of Bullet Proof Vests with ballistic panels and carriers form TEECO Safety, Inc. in a total amount not to exceed $71,672.37 through the end of 2010 and in such amount in 2011 as authorized by the 2011 City Budget. 10. ASPCE Grant: A resolution authorizing application and acceptance of an ASPCA grant in the amount of $5,000.00 for "A Ticket Home Microchipping and Tagging Program" for the Fayetteville Animal Shelter and approving a budget adjustment. 11. Amend Chapter 72 (Nonconsensual Towing): An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville Code to enact regulations for nonconsensual towing of vehicles within the Entertainment District Parking Zone. 12. Amend Chapter 72 (Residential Parking Permits) An ordinance to amend Chapter 72 Parking Regulations by enacting §72.18 Residential Parking Permit Program Entertainment District Parking Zone. 2 13. Amend Chapter 72 (Electronic Payment Station Program): An ordinance to amend Article III Parking Meters of Chapter 72 Parking Regulations by changing its name and addition provisions for an electronic payment station program for paid parking lots and paid on-street parking and for other reasons. 14. Amend Chapter 72 (§72.99 Penalties): An ordinance to amend Article III Parking Meters and Electronic Payment stations of Chapter 72 Parking Regulations by amending §72.99 Penalties. 15. Parking Program Personnel: A resolution approving a budget adjustment in the amount of $498,542.00 for the implementation and funding of the parking program in the Entertainment District Parking Zone and approving the addition of 2.5 full-time equivalent positions for the Parking Management Division for the 2010 budget. 16. Amend §72.02 Impoundment Procedures: An ordinance to amend §72.02 Impoundment Procedures of the Code of Fayetteville to clarify when the police may initiate a nonconsensual tow of a vehicle. 17. Stream Standards and Wastewater Discharge Requirements: A resolution authorizing participation in cooperative regional efforts to monitor, evaluate, and report the likely effects that future proposed changes to Stream Standards and Wastewater Discharge Requirements may have on Northwest Arkansas. 18. 2009 General Improvement Fund Economic Development Grant: A resolution to accept a 2009 General Improvement Fund Economic Development Grant in the amount of$100,000.00 to purchase equipment for the exclusive use and benefit of the Northwest Arkansas Community College and to approve a budget adjustment. 19. Interfund Loan For Parking Program: A resolution authorizing an interfund loan form the Replacement & Disaster Fund to the Off-Street Parking Fund for the purchase of machinery and equipment necessary to implement the Entertainment District Parking Zone program and providing for repayment of the loan over a 60 month period at an interest rate of 3% per annum. 3 20. Associated Time and Parking Controls: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Amano McGann in the amount of $880,000.00 for the purchase of access and revenue control equipment for the Entertainment District Parking Zone and approving a budget adjustment. 21. §94.05 Use of Fireworks: An ordinance to amend §94.05 Use of Fireworks of the Code of Fayetteville. 4 City Council Meeting Minutes May 18,2010 Page 1 of 22 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes May 18, 2010 A meeting of the Fayetteville City Council was held on May 18, 2010 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None Presentations, Reports and Discussion Items: Mayor Jordan pointed out that there have been some adjustments to Consent Item#7. City Attorney Kit Williams briefed the Council on the changes and the additional documents that were received. Alderman Cook announced the Board and Committee vacancies. Agenda Additions: None Consent: Approval of the May 4, 2010 City Council meeting minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 2 of 22 2010 Community Development Block Grant (CDBG): A resolution amending the 2010 city budget by approving a budget adjustment to recognize a 2010 Community Development Block Grant revenue increase of$55,208.00. Resolution 79-10 as recorded in the office of the City Clerk Animal Services Donation: A resolution amending the 2010 city budget by approving a budget adjustment to recognize animal services donation revenue for the first quarter of 2010 in the amount of$11,050.00. Resolution 80-10 as recorded in the office of the City Clerk Arkansas Recreational Trails Program Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize Federal-Aid Recreational Funds. Resolution 81-10 as recorded in the office of the City Clerk 2010 Bulletproof Vest Partnership Grant: A resolution authorizing the Mayor to apply for a 2010 Bulletproof Vest Partnership fifty percent matching grant through the U.S. Department of Justice in the amount of$18,200.00 for the replacement of twenty-five body armor vests for the Fayetteville Police Department. Resolution 82-10 as recorded in the office of the City Clerk Justice Assistance Grant (JAG): A resolution authorizing application for a 2010-2011 Justice Assistance Grant (JAG) for federal and state funding in the amount of $167,586.00 and $33,517.00 respectively, for the primary funding source of the 4th Judicial District Drug Task Force. Resolution 83-10 as recorded in the office of the City Clerk. 2010 Federal Emergency Management Agency Assistance Grant: A resolution authorizing application for a 2010 Federal Emergency Management Agency Assistance to firefighters grant in the amount of $360,000.00 to purchase a specialized fire apparatus for the Fayetteville Fire Department. Resolution 84-10 as recorded in the office of the City Clerk Arkansas Power Electronics International (APEI): A resolution certifying local government endorsement of business to participate in the tax back program{The Consolidated Incentive Act of 2003, Ark. Code Ann. §15-4-2706(D)} Resolution 85-10 as recorded in the office of the City Clerk Kearney National/Cooper Power: A resolution authorizing purchase in lieu of condemnation proceedings authorized in Resolution 52-10 and approving a contract for the purchase of land adjoining the Fayetteville Executive Airport-Drake Field from Kearney-National, Inc. through an 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 3 of 22 assignment from Cooper Power Systems, LLC, in the amount of $218,907.87, including applicable closing costs, as part of the Runway 16 Safety Area Improvement Project. Resolution 86-10 as recorded in the office of the City Clerk Alderman Thiel moved to approve the Consent Agenda. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Amend Chapter 72 (Nonconsensual Towing): An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville Code to enact regulations for nonconsensual towing of vehicles within the Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Alderman Lewis moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Don Marr, Chief of Staff stated our consultant is going to give you some information on national towing rates and things that you talked about at the last meeting. Chris Pecoraro, Parking Consultant referenced two resources, Towing and Recovery Administration of America and Tow Partners which is an industry group that shares their data as far as rates and fees go. He stated we came up with data for national averages based on their online documents. He continued to discuss their findings. Alderman Thiel: Did you break that down to nonconsensual tows? Chris Pecoraro: They do not break it out as nonconsensual or consensual on those sites. They are giving their average rates for a tow. Their rates are very close to what we have offered in our ordinance. He continued to describe the rates. Alderman Lewis: What is a heavy duty versus light duty? Chris Pecoraro: That is an RV or larger vehicle. Alderman Lewis: So an SUV or pickup truck is still considered light duty? Chris Pecoraro: Yes. Alderman Ferrell: What is the discerning factor on 4-wheel drive? Chris Pecoraro: There is some consideration, depending on if it is a vehicle with locking hubs versus non locking hubs, and the age of the vehicle. There is a consideration there that might require dollies or a different type of wrecker to be used. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 4 of 22 Lee Dancer with A & B Towing expressed his concerns with nonconsensual towing and the proposed amount. He explained the current procedures that they are operating under. He asked the Council to stick with the same pricing as the current contract. Alderman Thiel: The price range we are talking about here is not out of the way and in fact in some cases it is what some businesses are already charging. This has been an issue and if it requires regulations then so be it. Now that we can do that I feel strongly that we should move forward with this. I support it. Alderman Lewis: I understand that with a nonconsensual tow there would be additional staff time but we are proposing $60 and on the national average that is on the upper end. To me we are saying that we are taking that into consideration. Also what is the $80? City Attorney Kit Williams: That is if there is a parking lot for customers or residents. The $60 only applies to paid parking lots. Alderman Lewis: The $80 is beyond the national average and beyond the Midwest and the South, even on a smaller scale it is higher than the average. Alderman Petty: I agree with Alderman Thiel. I think the legislation as it is currently drafted is pretty good. I think we should leave this on the second reading just because we have so much going on in this whole push for parking. I would prefer that we deal with it all at once. This ordinance was left on the Second Reading. Amend Chapter 72 (§72.18 Residential Parking Permit): An ordinance to amend Chapter 72 Parking Regulations by enacting §72.18 Residential Parking Permit Program for Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Alderman Petty moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Sharon Crosson, Parking and Telecommunications Manager gave a brief description of the ordinance. She presented the Council with two parking options to offer the residents in the entertainment district. The first option is to offer guest hang tags for the residents. We proposed having two guest tags per dwelling that would be validated with the renewal of their residential permit. The second option is to offer 30 passes per dwelling that the resident could use whenever they choose. She stated the options might address the issues that were presented by the public at the last meeting. Alderman Thiel: The 30 passes would be good for one time. Sharon Crosson: They would get 30 passes electronically. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 5 of 22 Alderman Thiel: It seems to me that they would rather have 30 as opposed to two. Chris Pecoraro: The 30 would have a date marked on them when they are used. They would self expire based on use electronically or by penciling the date on them. Alderman Marr: What we are asking you to do in the amendment would be that the language is general enough that it allows the city to modify and implement a guest pass program. He went on to further explain the options. Sharon Crosson: The advantage that option 1 would have over option 2 is essentially you would have 60 passes per month because you could use those two hang tags every day of the month but you can only use two per day. Chris Pecoraro: We are looking at flexibility so we can address all the residents' needs. Don Marr: What you will see in the ordinance is the implementation of the guest pass program. City Attorney Kit Williams: Under Subsection "H" of the handout I gave you it sets the goals to accommodate the needs of both residents and businesses and allows implementation to the Administration. This is brand new and it may need to be tweaked as it goes along. Alderman Petty moved to amend the ordinance by adding Subsection "H." Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. Julie Dorrow with the Dickson Street Neighborhood Association stated I would like to meet with the residents to see what they think but I think it is a good compromise. Alderman Lewis: In addition to the fact that we will address this again in two weeks to me it is looking at the method and the neighborhood appreciates that there is a method being proposed to deal with this. The specifics wouldn't come until later. City Attorney Kit Williams read the proposed Subsection"H." Upon roll call the motion passed unanimously. Mayor Jordan: I had Kit draft up free parking for 70 CC's or less on motor bikes and then the bicycles would be free as well. City Attorney Kit Williams explained the new definition in Subsection "B" and provisions to Subsection"E" that were created per Mayor Jordan's request. Alderman Rhoads: Can we change high mileage to high efficiency? Alderman Thiel: Fuel efficient. Mayor Jordan: Okay. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 6 of 22 Alderman Ferrell: On the designated areas is there a guess on how many of those there would be? Don Marr: We do not have a specific number but we are looking at there being bike and scooter and smaller designated motorcycle parking which would have fees tied to it designated in both on-street and in the lots. We would allow spaces for all three of those. Two of those would be non charged spaces. Alderman Lucas: If someone with a motorcycle wanted to park in a parking spot could they pay? Don Marr: They can if they pay the rate. City Attorney Kit Williams: The ordinance reads they would not be ticketed but they would have to pay the whole rate. Alderman Lucas: In #2 it says they are prohibited from parking in standard on-street parking spaces. Don Marr: It should not say that. Mayor Jordan: We should fix that. City Attorney Kit Williams: We will just strike that and still keep them off the sidewalks. Alderman Rhoads moved to adopt the proposed amendments to Subsection "B" and "E", to change the language to state "fuel efficient' and also removing the portion in #2 prohibiting motorcycles from parking in standard on-street parking spaces. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. The ordinance was left on the second reading. Amend Chapter 72 (Electronic Payment Station Program): An ordinance to amend Article III Parking Meters of Chapter 72 Parking Regulations by changing its name and adding provisions for an electronic payment station program for paid parking lots and paid on-street parking and for other reasons. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Alderman Petty moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Sharon Crosson gave a brief description of the ordinance. She stated there were no changes from the previous discussion other than the location of one of the revenue machines. Alderman Lucas: Is that on Maple? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 7 of 22 Sharon Crosson: Yes, only one side of the street there is parking and we feel that the three that are on Lafayette can be spaced out better and better utilize the funds for those machines. Missy Darwin Kincaid, Director of Development at The Walton Arts Center and resident of Ward 1 spoke in favor of the ordinance and stated this will even the options out for parking. Jeff Gearhart, resident of 533 N. Razorback Rd. and Walton Arts Center Board member spoke on the current parking issues and went on to speak in favor of the ordinance. Bill Rogers, resident of Ward 1 spoke on the plan and stated the fees are reasonable and fair. He also spoke in favor of the ordinance. Ryan Epp, Co-owner of a business on Dickson spoke on the current parking issues. He asked if the Council had any ideas to help with employee parking. Mayor Jordan: We are offering some discounts to employees are we not? Don Marr: The lots that are being designated here are not the lots that we are giving discounted parking to employees in. The discounted parking for employees is a 90% discount in areas that are remote from the downtown street. Those locations are still being worked out. If an employee wants to park next door to the place they work that is considered more prime parking and they would be charged as any other customer would. There is a parking permit program for individuals who want to pay and do the monthly parking program within the Walton Arts Center from 7 a.m. to 4 p.m. Alderman Rhoads: In Mr. Epps situation his employees might have to park three blocks away but they might also get an 80-90% discount to whatever the parking would be. So it really would only be three blocks walking which is an incredibly short walk. Ryan Epp: I am not sure that my employees are going to want to walk that every morning. Alderman Rhoads: I think that is a change that has to come to Fayetteville. I think I am more apt to ask people like your employees to change a little. Ryan Epp: Has the City done a survey asking people if they would be willing to pay for parking? Mayor Jordan: Not that I am aware of. Alderman Lewis: Does your business have customers that come to it? Ryan Epp: We are a salon/spa and they make their appointment and drive in just for us. We don't get a lot of traffic so we market our business to where people come to us. He went on to speak on why he chose this area for his business. Alderman Marr: Many businesses who built locations in this area are required by our code to have a certain amount of spaces for the type of business that goes into the location. Many of the businesses at the time chose to use shared parking agreements rather than to provide that parking. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 8 of 22 People have utilized free parking that will no longer be free that was not designed to be the parking for their business but to be general public parking. He went on to speak on discounted parking and the options that they have considered. Vina Hyde, board member of the Walton Arts Center spoke on the student participation at the Walton Arts Center. She also spoke on the current parking issues and she stated I hope you will support this plan. Calvin Bay, a volunteer at the Walton Arts Center expressed his concerns with the current parking issues. He spoke in favor of the ordinance. Andy Gibbs, resident of Ward 3 and member of the Walton Arts Center Council spoke in favor of the ordinance and thanked the Council for their efforts to deal with the issue of parking to make it more accessible and to continue to support the Walton Arts Center and Dickson Street. Janet McMullen, resident of Ward 4 read a few excerpts from the letters that she previously sent to the Council. She expressed her concerns with paid parking and stated I am strongly opposed to the ordinance. Bill Waite, resident of Ward 3 and Dickson Street business owner spoke in favor of the plan and stated it will generate revenue that will help to build long needed additional parking. Steve Butler, a business owner expressed his concerns with the ordinance. He asked if anyone has explored a shuttle or pilot program. Mayor Jordan: I think we are looking at some shuttle busses aren't we? Sharon Crosson: Yes, I would like for everybody to keep in mind that this is the first step of many to come. In the past cities that were growing had a minimum requirement on parking and the number of spaces they were required to have. Cities today are now having a maximum because in your downtown area we do not want to use up all the land for surface parking spaces. That is a thing of the past so we need to have a maximum on surface parking lots in this area. That is the only way the Business District is going to grow is if we use the land for businesses rather than surface parking. Steve Butler: The parking garage downtown, is that paid parking or free parking by the Town Center? Sharon Crosson: That is paid. Steve Butler: I will pay for shuttles for four different events to see if it is feasible to help out. Who would I need to talk to about doing that? Mayor Jordan: Probably Sharon. Steve Butler: I will get together with her and we will see how that goes. He went on to discuss it further. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 9 of 22 Don Marr: There is a significant amount of free parking still available in the Dickson Street area. He spoke on future efforts to educate citizens about free parking. Alderman Lewis: Can you put in perspective the distance? Mayor Jordan: It takes 11 minutes to walk from my office to the Walton Arts Center. Alderman Lewis: Wasn't there a comparison done or something. Don Marr: I don't know that we have the actual distances from each of these lots but we do conduct surveys annually that look at how many spaces are occupied, etc. We see the demand because in peak periods the lots are full. He continued to discuss the current parking lots. Alderman Lewis stated this was about perception and not really distance. Don Marr: Sharon just told me we do have that and we will get that to you before the next meeting. Steve Clark, President of the Fayetteville Chamber of Commerce spoke in favor of the ordinance. He stated this comprehensive plan is very important for the vitality of our existing businesses and the attraction of new businesses. Cheryl Wallet, business owner on Dickson Street spoke on behalf of her customers and spoke against the ordinance. She expressed her concerns about the affect this would have on downtown businesses. Alderman Ferrell: Are you a food business or bar? Cheryl Wallet: A bar. Alderman Ferrell: How long has your business been there? Cheryl Wallet: I have been there for six years. This ordinance was left on the Second Reading. Amend Chapter 72 (§72.99 Penalties): An ordinance to amend Article III Parking Meters and Electronic Payment Stations of Chapter 72 Parking Regulations by amending §72.99 Penalties. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Alderman Lewis moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: Alderman Ferrell has an amendment that he suggested to be drafted on this. He stated the additional language was that the second and third offense had to be 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 18,2010 Page 10 of 22 committed within 12 months of the previous offenses in order for the increase in cost penalty to be effective. City Attorney Kit Williams read the proposed amendment. Alderman Ferrell: This would be year to date from the date of your first ticket to the date of your third ticket. Don Marr: It is a rolling twelve month look back. Previously once you received your third ticket that was the price you paid for the rest of your life. Alderman Ferrell moved to amend the ordinance to state "offenses would only go up if they were committed within twelve months of the previous offense." Alderman Petty seconded the motion. Upon roll call the motion passed unanimously. This ordinance was left on the Second Reading. Parking Program Personnel: A resolution approving a budget adjustment in the amount of $498,542.00 for the implementation and funding of the parking program in the Entertainment District Parking Zone and approving the addition of 2.5 full-time equivalent positions in the Parking Management Division for the 2010 budget. This resolution was tabled at the May 4, 2010 City Council meeting to the Tune 1, 2010 City Council meeting. Paul Becker, Finance Director gave a brief description of the resolution. He stated this budget adjustment would provide for the expenses to pay for the paid parking and include the addition of 2 '/2 people to the off-street parking fund. This would pay for the system to implement it. Don Marr asked if the Council had any further questions regarding the handout of the expenses categorized that was handed out at Agenda Session. There is 2.5 head count associated with this. We have identified two positions in the Development Services area for that. We would like to know if you would like us to transfer that existing head count or leave it as two additional head count to be paid by parking revenues. If you choose the option of permanently eliminating the two positions from Development Services, would you be open to the fact that if Development Services turns around and development takes off, then we would come back to you to look at the addition of that head count back into Development Services. Alderman Petty: I like the original proposal rather than completely eliminating positions from another department. I don't think it makes sense to say we need to eliminate other positions that do not have anyone in them just to create two more that are fully funded from the program that is being proposed. I would rather keep it simple. Alderman Ferrell disagreed and stated if our economy turns around all of us would look at something like that. You are taking a head count rather than adding head count. Alderman Thiel: We have seen that this administration has not filled positions that were utilized in the past. I don't understand why we would eliminate the positions. I will support the original ordinance and not amend this. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316