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HomeMy WebLinkAbout2010-05-04 - 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 May 4, 2010 A meeting of the Fayetteville City Council will be held on May 4, 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 Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Re-approval of the March 16, 2010 City Council meeting minutes. APPROVED Approval of the April 20, 2010 City Council meeting minutes. APPROVED 2. Dean Crowder Construction, Inc.: A resolution awarding Bid #10-23 and approving a contract with Dean Crowder Construction, Inc. in the amount of $4,963,386.00 for construction of biosolids management solar dryers, WSIP Subproject Bio-1, and approval of a $150,000.00 contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 75-10 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Williams Tractor, Inc. Bid #10-22: A resolution awarding Bid #10-22 and approving the purchase of one (1) four-wheel drive New Holland T6050 Plus diesel tractor from Williams Tractor, Inc. in the net amount of $39,191.00 after trade-in, for use by the Fayetteville Executive Airport-Drake Field. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 76-10 B. Unfinished Business: 1. Capital Improvement Plan: A resolution adopting the 2010-2014 five year Capital Improvement Plan. This resolution was tabled at the April 20, 2010 City Council meeting to the May 4, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 77-10 C. New Business: 1. VAC 10-3539 (Laura McKinnon): An ordinance approving VAC 10-3539 submitted by Jorgensen and Associates for property located along the eastern property line of 740 Lollar Lane to vacate a portion of a 15-foot alley that runs from College Avenue to the subject property, a total of 1,875 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5318 2. VAC 10-3540 (First State Bank of NWA): An ordinance approving VAC 10-3540 submitted by First State Bank of Northwest Arkansas for property located at 2292 North Covington Park Boulevard to vacate utility easement, a total of 33 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5319 3. 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. 4. 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. 5. 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. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 6. 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. 7. The Parking Consultants, Inc.: A resolution to authorize negotiations with Amano McGann for the lease/purchase of up to 19 electronic pay stations and 3 gated parking lot systems with digital pay stations and other equipment needed if the City Council approves paid parking lots and on-street parking spaces in the Entertainment District Parking Zone. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 78-10 8. 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 ITEM WAS TABLED TO MAY 18, 2010 CITY COUNCIL MEETING Announcements: Mayor's Town Hall Meeting — Ridgeview Baptist Church — 1850 Huntsville Road — Monday, May 3, 2010 at 7:00 p.m. Adjournment: 9:50 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: May 4,2010 Adjourn: Subject: Roll Lewis tz Gray 1/ Thiel Cook R Petty t� Rhoads Ferrell Lucas Mayor Jordan c/ 9-O Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: May 4,2010 Subject: Consent Motion To: A pro0-01 Motion By: ` Seconded: Q�� Lewis Gray Thiel Cook Petty Rhoads Ferrell Y Lucas 10 Mayor Jordan 7" Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: May 4,2010 Subject: Capital Improvement Plan Motion To: t� (. Motion By: Seconded: B. 1 Lewis Unfinished Gray Business Thiel Cook Petty Rhoads Ferrell i O Lucas Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: May 4, 2010 Subject: VAC 10-3539 (Laura McKinnon) Motion To: Motion By: 4 Seconded: C. 1 Lewis New Gray Business Thiel Cook Petty Rhoads vl/ Ferrell 6M Lucas Mayor Jordan Subject: VAC 10-3540 (First State Bank of NWA Motion To: Motion By: Seconded: C. 2 Lewis New Gray Business Thiel Cook Petty Rhoads Q Ferrell Lucas Mayor Jordan City Council Meeting: May 4,2010 Subject: Amend Chapter 72 (Nonconsensual Towing) gSeconddy C.3 Lewis New Gray Business Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan Subject: Amend Chapter 72 (§72.18 Residential Parking Permit) Motion To: Motion By: Seconded: C. 4 Lewis New Gray Business Thiel Cook " Ud 0I-,J Petty Rhoads dA" Ferrell a0� Lucas Mayor Jordan City Council Meeting: May 4,2010 Subject: Amend Chapter 72 (Electronic Payment Station Program) Motion To: Motion By: Seconded: C. 5 Lewis New Gray Business Thiel D Cook Petty . Rhoads Ferrell Lucas Olt l�{p U Mayor Jordan Subject: Amend Chapter 72 (§72.99 Penalties) Motion To: Motion By: Seconded: C. 6 Lewis New Gray Business Thiel Cook Petty � Rhoads V�AkFerrell Ieoj I q Lucas Mayor Jordan City Council Meeting: May 4, 2010 Subject: The Parking Consultants, Inc. Motion To: Motion By: Seconded: C. 7 Lewis New Gray Business Thiel Cook v/ Petty f E r Rhoads ✓ Ferrell �- (D Lucas ^ Mayor Jordan Subject: Parking Program Personnel Motion To: -re"6(t.` +O MWRQOIQ 'rt Motion By: Seconded: C. 8 Lewis New Gray f Business Thiel yr Cook 1 Petty f '0 Rhoads 6 �� Ferrell 0101v Lucas Mayor Jordan �� v FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk j FROM: Kit Williams, City Attorney DATE: May 5, 2010 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of May 4, 2010 1. Dean Crowder Construction, Inc.: A resolution awarding Bid #10-23 and approving a contract with Dean Crowder Construction, Inc. in the amount of $4,963,386.00 for construction of Biosolids Management Solar Dryers, WSIP Subproject Bio-1, and approval of$150,000.00 contingency. 2. Williams Tractor, Inc.: A resolution awarding Bid #10-22 and approving the purchase of one four-wheel drive New Holland T6050 Plus Diesel Tractor from Williams Tractor, Inc. in the net amount of$39,191.00 after trade-in, for use by the Fayetteville Executive Airport-Drake Field. 3. Capital Improvement Plan: A resolution adopting the 2010-2014 Five Year Capital Improvement Plan. 4. The Parking Consultants: A resolution to authorize negotiations with Amano McGann for the lease/purchase of up to 19 electronic pay stations and 3 gated parking lot systems with digital pay stations and other equipment needed if the City Council approves paid parking lots and on-street parking spaces in the Entertainment District Parking Zone. 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 Final Agenda City of Fayetteville Arkansas City Council Meeting May 4, 2010 A meeting of the Fayetteville City Council will be held on May 4, 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 Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Re-approval of the March 16, 2010 City Council meeting minutes. Approval of the April 20, 2010 City Council meeting minutes. 2. Dean Crowder Construction, Inc.: A resolution awarding Bid #10-23 and approving a contract with Dean Crowder Construction, Inc. in the amount of $4,963,386.00 for construction of biosolids management solar dryers, WSIP Subproject Bio-1, and approval of a $150,000.00 contingency. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Williams Tractor, Inc. Bid #10-22: A resolution awarding Bid #10-22 and approving the purchase of one (1) four-wheel drive New Holland T6050 Plus diesel tractor from Williams Tractor, Inc. in the net amount of $39,191.00 after trade-in, for use by the Fayetteville Executive Airport-Drake Field. B. Unfinished Business: 1. Capital Improvement Plan: A resolution adopting the 2010-2014 five year Capital Improvement Plan. This resolution was tabled at the April 20, 2010 City Council meeting to the May 4, 2010 City Council meeting. C. New Business: 1. VAC 10-3539 (Laura McKinnon): An ordinance approving VAC 10-3539 submitted by Jorgensen and Associates for property located along the eastern property line of 740 Lollar Lane to vacate a portion of a 15-foot alley that runs from College Avenue to the subject property, a total of 1,875 square feet. 2. VAC 10-3540 (First State Bank of NWA): An ordinance approving VAC 10-3540 submitted by First State Bank of Northwest Arkansas for property located at 2292 North Covington Park Boulevard to vacate utility easement, a total of 33 square feet. 3. 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. 4. 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. 5. 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. 6. 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. 7. The Parking Consultants, Inc.: A resolution to authorize negotiations with Amano McGann for the lease/purchase of up to 19 electronic pay stations and 3 gated parking lot systems with digital pay stations and other equipment needed if the City Council approves paid parking lots and on-street parking spaces in the Entertainment District Parking Zone. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 8. 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. Announcements: Mayor's Town Hall Meeting — Ridgeview Baptist Church — 1850 Huntsville Road — Monday, May 3, 2010 at 7:00 p.m. Adjournment: 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 accessfayetieville.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 A. § DrCrowder m . % Inc. Pa a, \ 6 \ \ \ » 2 +| ) \ } } } 7J I 2 OW OW/ } .. : / _ K \ ! \ >) ; \ : : ) ; w ! : / k0 ® Wi Wi \ i � \ _ 7 � , ! N E /k ) \ 0 ` § § / | $ | : ! ! ! | § ff } / � / } & & J & k k k J } } ( ( j E ) ) � §! k e = \ 2 `\ � 2 2 - , - k 2 ! § LL ! k0 - - � | " \ # ! | * , � ■ ! _ : � / \_ 2 - \ � \ \ i � / k ! , , , r u , _ , 2 2 \ ) / A.2 Dean Crowder Construction, Inc. Page 2 of 2 C.5 Amend Chapter 72 (Electronic Payment Station Program) Page 1 of 2 ORDINANCE NO. 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article III Parking Meters of Chapter 72 Parking Regulations by renaming Article III Parking Meters and Electronic Payment Stations and adding the following definitions to §72.50 Definitions: "'Electronic Payment Stations'. A place where a person who has parked his vehicle in the Entertainment District Parking Zone pay parking space or lot may pay the appropriate fee for the paid park parking space. 'Employee Parking Card.' A card issued by the Parking Division for use only by employees of businesses operating in the Entertainment District Parking Zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the Zone. 'Entertainment District Parking Zone.' The area depicted on the map and described on Exhibit A attached to this enacting ordinance. 'Proximity Access Card.' A card issued by the Parking Division for a monthly fee that allows the user to access and use gated parking lots in the Entertainment District Parking Zone on weekdays from 10:00 a.m. until 5:00 p.m." C.5 Amend Chapter 72 (Electronic Payment Station Program) Page 2 of 2 C.7 The Parking Consultants, Inc. Page 1 of 2 RESOLUTION NO. A RESOLUTION TO AUTHORIZE NEGOTIATIONS WITH AMANO MCGANN FOR THE LEASE/PURCHASE OF UP TO 19 ELECTRONIC PAY STATIONS AND 3 GATED PARKING LOT SYSTEMS WITH DIGITAL PAY STATIONS AND OTHER EQUIPMENT NEEDED IF THE CITY COUNCIL APPROVES PAID PARKING LOTS AND ON-STREET PARKING SPACES IN THE ENTERTAINMENT DISTRICT PARKING ZONE WHEREAS, if the City Council desires to institute a paid parking lot and paid on-street parking program for the Entertainment District Parking Zone, City Staff has recommended using software, 19 electronic pay stations and 3 Gated Parking Lot Systems with Digital Pay Stations sold by Amano McGann; and WHEREAS, since the list price of such equipment is $841,000.00, staff would like the authority to use its parking consultant to negotiate with Amano McGann in an attempt to bring the best possible contract price to the City Council for its consideration and decision. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes negotiations with Amano McGann for needed parking equipment contingent upon passage by the City Council of the ordinances instituting paid parking lots and paid on-street parking in the Entertainment District Parking Zone, and authorizes the use of its parking consultant in such negotiations with the express condition that the City Council shall make the final decision on any proposed lease or contract and will carefully consider whether sufficient grounds exist to waive competitive bidding for such a large contract. PASSED and APPROVED this 4th day of May, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.7 The Parking Consultants, Inc. Page 2 of 2 City Council Meeting Minutes March 16,2010 Page l of 19 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 March 16, 2010 A meeting of the Fayetteville City Council was held on March 16, 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 Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Gray Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Nominating Committee Report: Alderman Cook read the Nominating Committee Report. Alderman Petty questioned why there was not a copy of the full application for the A & P Commission applicant. Alderman Thiel stated that probably was not the applicant's fault but that is probably what the A & P Commission provided. Mayor Jordan: We will look into that. We really don't have an answer right now. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 2 of 19 Alderman Petty: Thank you Mayor. Marilyn Heifner: He filled out the regular application form and I turned that into the City Clerk. Alderman Petty: I saw that but it said a resume was attached and there wasn't one. Marilyn Heifner: That was my mistake. There wasn't a resume it was just the application. Alderman Petty: In looking over the application, Brandon for the reason you wanted to serve, you said to accomplish proposed ideas and that was pretty much the extent of the application. It would just be helpful when we are reviewing candidates to have more information than that. Alderman Ferrell moved to approve the Nominating Committee Report. Alderman Petty seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. Agenda Additions: None Consent: Approval of the March 2, 2010 City Council meeting minutes. Approved Preferred Office Products, Inc.: A resolution approving a contract with Preferred Office Products, Inc. for the purchase through the current state procurement contract of five copiers in the total amount of$73,033.00. Resolution 44-10 as recorded in the office of the City Clerk Goodwin & Goodwin, Inc. Bid #10-18: A resolution awarding Bid #10-18 and approving a contract with Goodwin & Goodwin, Inc. in the amount of $433,005.00 for construction of the Broyles Avenue gravity sewer line, approving a project contingency of $45,000.00, and approving a budget adjustment of$478,005.00. Resolution 45-10 as recorded in the office of the City Clerk. Redford Construction, Inc. Bid #10-19: A resolution awarding Bid #10-19 and approving a contract with Redford Construction, Inc. in the amount of $893,640.00 for construction of the Broyles Avenue force main sewer line, approving a project contingency of $90,000.00, and approving a budget adjustment in the amount of$983,640.00. Resolution 46-10 as recorded in the office of the City Clerk. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 3 of 19 Alderman Petty moved to approve the Consent Agenda. Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. Unfinished Business: None New Business: Amend Chapter 114.03 First Thursday Fayetteville: An ordinance to amend the Code of Fayetteville by enacting §114.03 First Thursday Fayetteville to authorize the Fayetteville Convention and Visitors Bureau to control the public parking spaces on both sides of East Street on the square and to close East Street to traffic from 4:00 p.m. until 10:00 p.m. on the first Thursday of the month. City Attorney Kit Williams read the ordinance. Julie McQuade, Community Outreach Coordinator briefly explained First Thursday Fayetteville. She stated after evaluating this event City staff felt like it would be more beneficial to the event if an entity such as the Convention and Visitor's Bureau, specifically that entity, were given permission to manage the event, especially since they have already have a similar ordinance for the Lights of the Ozarks. Alderman Ferrell: I saw a lot of people there the couple of times that I was down there. It sounds like it is a pretty good deal. Alderman Lucas moved to suspend the rules and go to the second reading. Alderman Thiel seconded the motion. Upon roll call the motion passed 6-0. Alderman Cook was absent during the vote. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Cook was absent during the vote. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. Alderman Petty: Julie, you said that the City was not able to provide resources if a private entity managed this event, is that right? Julie McQuade: That was the determination with internal staff discussions when we were evaluating all the options. Alderman Petty: So how did you justify providing resources when it was being organized by two private galleries? 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 4 of 19 Julie McQuade: It was actually being organized by City Administration and the Convention and Visitor's Bureau. We were the overseeing entities last year and then there were downtown merchants and others that assisted with the planning of it. Alderman Petty: Kit can you clarify? Is that true that we cannot provide resources to private entities? City Attorney Kit Williams: I think that we provide resources all the time to private citizens and other entities and we provide parking for our citizens. The Planning Department approves building permits for private entities. We can't go out and work for a private entity individually, but if a private entity comes to the City and says, I would like to see a festival or something else can you help, I don't think the City has to say no. The City Government can help its citizens and local businesses if they have an idea to do something. I don't think that it would be improper for the City to have assisted in the formation of this festival. Alderman Petty: I just wanted to clear up the record because I think people need to know, potential organizers, that the City can provide resources whether they are a for profit or non profit entity. I think we should be there to help them. City Attorney Kit Williams: There has to be a public purpose, but I think there clearly is a public purpose in this because it is for our citizens and to also help the economic vitality of our downtown square and the businesses around it. I think that is a good public purpose that we can devote resources to. Alderman Lewis: I would like to commend all the volunteers that have put so many hours into developing this program to get it to the point where it could become official. I appreciate all the work that has gone into it. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Cook was absent during the vote. Alderman Gray was absent. Alderman Lucas: I want to thank Julie McQuade. She has worked on this a long time. Several groups have worked on this and I am so happy to see it happen. Mayor Jordan: When we got through the Fayetteville Forward a group of artists came into the office and said we have an idea. They said we will volunteer time to make sure that First Thursday works and they did. Shirley Lucas was involved in that. There were lots of volunteers. Julie did a great job. This has been successful and greater than anything that we could have imagined. Ordinance 5307 as Recorded in the office of the City Clerk. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 5 of 19 Amend Chapter 114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market by allowing an extra hour of operation (until 2:00 p.m.) on Saturdays and to allow operation from 4:00 p.m. until dark during First Thursday Events. City Attorney Kit Williams read the ordinance. Julie McQuade: They have asked that this item be tabled. Mayor Jordan: I would like to table this for two weeks. City Attorney Kit Williams: We can just leave it on the first reading. This ordinance was left on the First Reading ADM 09-3413 Amend Title XV (Hillside/Hilltop Overlay District): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 167: Tree Preservation and Protection, Chapter 169: Grading Plan Submittal and Chapter 173: Building Regulations in order to strengthen the provisions of the Hillside/Hilltop Overlay District Regulations. City Attorney Kit Williams read the ordinance. Karen Minkel, Director of Strategic Planning and Internal Consulting gave a brief description of the ordinance. She stated this is more of a clarification for staff and members of the public. She stated staff recommends approval. Alderman Lewis: Can you talk about staff time? I don't think it will add to staff time but can you clarify that? Karen Minkel: That is correct, it would not. You would be looking for the stamp of a licensed engineer or architect. Alderman Petty: I have a question about the process the engineers might use to sign off on a foundation, without engineering it, in a place that would not require it how would they so that? Would they look at the soil maps? Karen Minkel: No they would be physically going to the site itself. That is one of the reasons we are proposing this because it is site specific. Chris Brown, City Engineer stated the first step would be a site visit. You would have some test pits or something done so that you could see the soil where the foundation would be placed. An engineer can determine if there is a problem. They can see that the soil is suitable for a foundation and then sign off and say the City's standard foundation would be satisfactory. It is basically a matter of stamping the City's standard design and submitting that as part of the 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 6 of 19 permit. If they do determine that there are some iffy soils then they would do additional investigating and do a geo-technical analysis and proceed on with the full design. Alderman Petty: In fuller detail how do they look at the soil? Do they have to do a full soil classification? Chris Brown: You can just do a visual inspection. There are tools that can be used for on-site inspections that would not require any geo-technical analysis. Alderman Petty: When I was talking to staff about the same intent, everywhere there are expansive clay, the main thing that was going to take staff time in developing that ordinance was, coming up with additional specifications that the City might have for places with compromised soils. This solution that we came up with here, where we have an Engineer go out and a soil classification is not really needed for exemption seems pretty elegant to me. It has me wondering if that would work, then maybe we do not need to develop those rigorous specifications, and that would reduce the amount of staff time required to develop that other ordinance. Alderman Ferrell: With each step, from the soil testing and to whatever other action that needed to be taken, there would be an additional cost to the developer or builder wouldn't it? Chris Brown: Yes. Alderman Thiel: I think that has always been the argument about having engineered foundations on hillsides. We have ordinances already in place to protect the homeowner and the adjacent properties from harm that might occur if the property slides. This is one more thing in place. She explained what the Ordinance Review Committee discussed when forming the ordinance. She stated there were two members in favor and two opposed to this at that time. She stated you try to protect homeowners from making mistakes that cost them in the long run and affect other people. Alderman Lucas: One of the things we heard from people whose homes had slid was they were buying the home suspecting that in a few years it is going to start sliding. That was one of the things we were looking at. Alderman Lewis: Chris, the City Engineers do not go out and look at this, it is the hired engineers that look and they say you are going to need more special conditions for the foundation or not. The seal is of the engineer or architect is that correct? Karen Minkel: That is correct. We had a lot of discussion about soils and whether you have potential for a failed foundation. I just want to mention that on our website you can look at the Hillside/Hilltop Overlay District and you can also go to the Natural Resource Conservation Services website and they have soil maps which is an additional resource that the public can use. Fran Alexander, a citizen stated had this been in place several years ago when Mission Hills was built my mothers house would not be coming down the hill above it. She went on to speak 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 7 of 19 on how the shifting affected the area and continued to speak in favor of the ordinance. She stated soil needs to be in a whole different ordinance and I urge you to help the citizens. Alderman Petty: Karen, I asked you to find any foundation failures that impacted other adjacent properties because I felt like we were mixing intentions. Did you ever find any failures? Karen Minkel: We can't find anything that says conclusively that this caused this to happen partly because the Hillside/Hilltop Ordinance was enacted in 2006 and prevented some of the other contributing factors to how a foundation might fail and affect other properties. When you see the failure you can find correlations but we can't determine cause in any statistical way because we do not have all the data. Alderman Petty: We all know erosion can create foundation failures but do you think it is likely that foundation failures create the kind of erosion that moves the street? Chris Brown: I don't know how that would happen. Alderman Petty: I just want to establish that this is about protecting homeowner's investments and has little to do with environmental protection. The bulk of the environmental protection ordinance that was passed in 2006 has to do with the excellent tree preservation that went into it. I just want to make sure that everyone understands that foundations are not something that causes the kind of damage that affects other properties. Chris Brown: Typically a foundation failure does damage to the house that it's holding up. We have not seen extreme failure. Alderman Lewis: The reason I care about this is for future homeowners who have purchased a home and lenders, realtors, and brokers are not required to talk about the foundation. This is saying please hire an engineer and look at this area because statistically it is highly likely that there maybe foundation troubles in these areas. Alderman Ferrell: It is not a plea but a mandate right? Alderman Lewis: We are saying that in these areas in order to have a building permit issued you need to have the engineers sign off on it. Alderman Ferrell: I understand the intent of the ordinance. I think the City is placing itself between the property owner and the discretion of the property owner with a mandate that might or might not help property owners and or their ability to afford to build a home. It is pretty expensive to have an engineer come out and look at something. Mayor Jordan: Karen, do you have any idea what it might cost to have something like this done? 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 8 of 19 Karen Minkel: It costs several hundred dollars to come out to your site. It could go either way. You could find out that you have poor soil and you need significant engineering work on your foundation. In that case it does cost additional money to build the home but in our view you are saving money for a failed foundation in the future. The engineer might come out and say your soil is fine and the builder might have been planning on over engineering on the hillside. That could potentially be a cost savings. Alderman Thiel: Adella supports this. She wanted to vote on this but she is not here tonight. We have discussed this quite a bit and I would like to move forward. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. Alderman Petty: I would like to hold it on the second reading. Based on what was said tonight, about having an engineer go out there and having that be a low cost option in certain cases where the soil is not bad, if we put that into my alternate legislation that we were looking at before, that takes away almost all the staff time that was going to go into that. I would like to talk with staff and see if we can move the overlay map forward since that would be the only remaining piece of that. Alderman Thiel: My concern with that is you are talking about a city wide ordinance. I may support that at some point in time. The Hillside Hilltop Overlay District,just the District itself, was worked on for months. I feel like there was a lot of public input and public knowledge about what we where doing. We made compromises and we worked with them. I feel something that would affect the entire city or a large part of it needs to have a lot of public discussion. It is much more encompassing that this ordinance is. We have an established overlay district. The other idea is something that can be done totally separately and should be looked into. It is not something that can be considered in two weeks. Alderman Petty: It is not city wide it is just where the clay soils are which is exactly what this is. The whole reason for doing this is that in our Hillside District 75% to 80% of it is clay soil. Everyone knows that clay soils are bad. Pulling a map together is not a problem and we could copy the language out of this. I don't think it would take very long to put that together as long as we do not have to do the City specifications for foundations which was going to be an intensive process. Mayor Jordan: Karen do you think you could get that pulled together in two weeks? Karen Minkel: If we were to use this methodology staff could draft an ordinance but I don't think we would be prepared to make a recommendation within two weeks. There is more than one issue to be looked at. What Alderman Petty is talking about is an expansive clay soils overlay district that would impact approximately 50% of the city. One of the determinations that would need to be made is the buffer that you would add to the soil data that we currently have. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 16,2010 Page 9 of 19 Staff would also want to look at in terms of recommendation what we would be comfortable recommending for a methodology that affected 50% of the city. Alderman Lewis: I agree with Brenda but I respect the intent that you are talking about Matthew. Looking into the soils and what is going on citywide is a good idea. That is a lot of work and it is more than just clay, it is different kinds of soils and it is going to take a lot of research. There are public meetings that need to happen on that. I would like to move forward with this but I think that is an additional project for staff that will take a significant amount of time. Alderman Petty: Jeremy when we last spoke about this you said that you guys had decided a buffer of 10 feet around the soil borders would be appropriate. Does that recommendation stand and are you confident in it? Jeremy Pate: Not at all, that is just one number that we have thrown out as a potential buffer. We also threw out 50 feet. It is really the fine grain versus the coarse grain of what the soils map shows us. It is a really a broad brush stroke. So determining how fuzzy that line is is certainly something we want to look at. That line can be several lots wide or a subdivision or street width wide. Understanding that is something that deserves a little more time. Alderman Ferrell: Did you say that Adella had interest in this? Alderman Thiel: Yes, she supports this and was actually the one that asked staff to bring this back forward. Alderman Thiel moved to suspend the rules and go to the third and final reading. Alderman Lewis seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: I want to commend Alderman Thiel who has worked on this since 2005. 1 supported it then and I will support it now if I have to vote. I agree with Alderman Petty. I think we do need to look at the expanded soil study but right now we have the Hillside Ordinance before us and we need to vote on it and then look at the other. I promise we will look at it and bring some type of plan back. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2. Alderman Lucas, Lewis, Thiel, Cook and Petty voting yes. Alderman Rhoads and Ferrell voting no. Alderman Gray was absent. Alderman Lewis: This is something that came out of Fayetteville Forward as a request. Ordinance 5308 as Recorded in the office of the City Clerk. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayelleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316