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HomeMy WebLinkAbout2016-01-19 - Agendas - ArchiveAlderman Adella Gray Ward 1 Position 1 Alderman Sarah Marsh Ward 1 Position 2 Alderman Mark Kinion Ward 2 Position 1 Alderman Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting January 19, 2016 Alderman Justin Tennant Ward 3 Position 1 Alderman Martin W. Schoppmeyer, Jr Ward 3 Position 2 Alderman John La Tour Ward 4 Position 1 Alderman Alan T. Long Ward 4 Position 2 A meeting of the Fayetteville City Council was held on January 19, 2016 at 5:30 p.m. 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. Presentation of the City of Fayetteville 2016 Dr. Martin Luther King, Jr. Brotherhood Award — Kit Williams 2. State of the City - by Mayor Lioneld Jordan Agenda Additions: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A. Consent: 1. Approval of the December 15, 2015 and January 5, 2016 City Council Meeting Minutes. Approved 2. Pierce Manufacturing Donation Revenue: A resolution to approve a budget adjustment in the amount of $500.00 representing donation revenue from Pierce Manufacturing to the Fayetteville Fire Department for the annual employee service awards event. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-16 B. Unfinished Business: 1. RZN 15-5194 Villas at Stonebridge (Various Expired PZD Locations/Expired PZDs): An ordinance to rezone that property described in Rezoning Petition RZN 15-5194 for approximately 53.03 acres located at east of Riverwalk Subdivision on Dead Horse Mountain Road from RPZD 06-2170 (Villas at Stonebridge) to R -A, Residential - Agricultural. At the December 15, 2015 City Council meeting, this ordinance was left on the first reading. At the January 5, 2016 City Council meeting, this ordinance was left on the second reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5842 2. Appeal of a Condition of PPL 15-5253 to require the Developer to Build a Connection to Fox Trail: A resolution to grant the appeal of a condition of PPL 15-5253 to require the developer to build a connection to Fox Trail. At the January 5, 2016 City Council meeting, this ordinance was tabled. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 30-16 C. New Business: 1. Amend the 2016 Adopted Budget: A resolution to amend the 2016 adopted budget by reappropriating $71,748,700.00 in bonded or ongoing capital projects, outstanding obligations and grant funded items. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 31-16 2. Amend §72.02 Nonconsensual, Police -Initiated Towing, Storage and Impoundment Procedures and §72.03 Parking Prohibited in Certain Places: An ordinance to amend §72.02 Nonconsensual, Police -Initiated Towing, Storage and Impoundment Procedures and §72.03 Parking Prohibited in Certain Places to clarify that persons may not legally park their motor vehicles on city trails. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5843 Announcements: City Council Agenda Session Presentations: City Council Tour: Adjournment: 7:15 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: January 19, 2016 Adjourn: Subject: ROLL Motion To: La Tour Long Gray Marsh La Tour Kinion Long Petty vfi Gray Tennant Marsh Schoppmeyer Kinion Mayor Jordan Petty Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: January 19, 2016 Subject: CONSENT Motion To: Motion By: �m Seconded: fir. La Tour Long Gray Gray Marsh Marsh Kinion Kinion Petty Petty Tennant Tennant Schoppmeyer Schoppmeyer Mayor Jordan Mayor Jordan Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: January 19, 2016 � -0 RZN 15-5194 VILLAS AT STONEBRIDGE (VARIOUS EXPIRED Subject: PZD LOCATIONS/EXPIRED PZDS): Motion To: Motion By: Seconded: B. I La Tour Unfinished Long Gray Business Marsh a. Kinion Petty Tennant Schoppmeyer Mayor Jordan APPEAL OF A CONDITION OF PPL 15-5253 TO REQUIRE THE Subject•: DEVELOPER TO BUILD A CONNECTION TO FOX TRAIL Motion To: Motion By: Seconded: B. 2 La Tour Unfinished Long Gray Business Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan � -0 City Council Meeting: January 19, 2016 AMEND THE 2016 ADOPTED BUDGET Subject: TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND Motion To: § 72.03 PARKING PROHIBITED IN CERTAIN PLACES Motion To: Motion By: Motion By: Seconded: Seconded: C. I La Tour C. 2 La Tour New Long New Lona t� Gray Gray Business Marsh Business Kinion Petty Marsh Tennant Kinion Schoppmeyer Petty Mayor Jordan Tennant AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED Subject: TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES Motion To: Motion By: P. Seconded: C. 2 La Tour New Lona t� Gray Business Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan TO: Mayor Jordan Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams, City Attorney DATE: January 20, 2016 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of January 19, 2016 1. A resolution to approve a budget adjustment in the amount of $500.00 representing donation revenue from Pierce Manufacturing to the Fayetteville Fire Department for the annual Employee Service Awards event. 2. An ordinance to rezone that property described in rezoning petition RZN 15-5194 for approximately 53.03 acres located east of Riverwalk Subdivision on Dead Horse Mountain Road from RPZD 06-2170 (Villas at Stonbridge) to RSF-4, Residential Single Family, 4 Units Per Acre subject to a Bill of Assurance. 3. A resolution to grant the appeal of a condition of PPL 15-5253 to require the developer to build a connection to Fox Trail. 4. A resolution to amend the 2016 adopted budget by re -appropriating $71,748,700.00 in bonded or ongoing capital projects, outstanding obligations and grant funded items. 5. An ordinance to amend § 72.02 Nonconsensual, Police -Initiated Towing, Storage and Impoundment Procedures and § 72.03 Parking Prohibited in Certain Places to clarify that persons may not legally park their motor vehicles on city trails. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Final Agenda Tuesday, January 19, 2016 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda - Final Agenda January 19, 2016 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2016-0015 PRESENTATION OF THE CITY OF FAYETTEVILLE 2016 DR. MARTIN LUTHER KING, JR. BROTHERHOOD AWARD - KIT WILLIAMS 2. 2016-0002 STATE OF THE CITY - BY MAYOR LIONELD JORDAN Agenda Additions: A. Consent: A. 1 2016-0001 APPROVAL OF THE DECEMBER 15, 2015 AND JANUARY 5, 2016 CITY COUNCIL MEETING MINUTES A.2 2016-0004 PIERCE MANUFACTURING DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $500.00 REPRESENTING DONATION REVENUE FROM PIERCE MANUFACTURING TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT Attachments: SRF SRM Donation Revenue -Pierce Manufacturing Fire Donation BA B. Unfinished Business: City of Fayetteville, Arkansas Page 2 Printed on 1113/2016 City Council Meeting Meeting Agenda - Final Agenda January 19, 2016 B. 1 2015-0571 RZN 15-5194 VILLAS AT STONEBRIDGE (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 53.03 ACRES LOCATED AT EAST OF RIVERWALK SUBDIVISION ON DEAD HORSE MOUNTAIN ROAD FROM RPZD 06-2170 (VILLAS AT STONEBRIDGE) TO R -A, RESIDENTIAL -AGRICULTURAL Attachments: 15-5194 CC reports (VillasatStonebridge) At the December 15, 2015 City Council meeting, this ordinance was left on the first reading. At the Jnuary 5, 2016 City Council meeting, this ordinance was left on the second reading. B.2 2015-0634 APPEAL OF A CONDITION OF PPL 15-5253 TO REQUIRE THE DEVELOPER TO BUILD A CONNECTION TO FOX TRAIL: A RESOLUTION TO GRANT THE APPEAL OF A CONDITION OF PPL 15-5253 TO REQUIRE THE DEVELOPER TO BUILD A CONNECTION TO FOX TRAIL Attachments: 15-5253 CC DOCS 1 C. New Business: C. 1 2016-0006 At the January 5, 2016 City Council meeting, this ordinance was tabled. AMEND THE 2016 ADOPTED BUDGET: A RESOLUTION TO AMEND THE 2016 ADOPTED BUDGET BY REAPPROPRIATING $71,748,700.00 IN BONDED OR ONGOING CAPITAL PROJECTS, OUTSTANDING OBLIGATIONS AND GRANT FUNDED ITEMS Attachments: 2016-0006 REBUDGET PACKET.pdf City of Fayetteville, Arkansas Page 3 Printed on 1/13/2016 City Council Meeting Meeting Agenda - Final Agenda January 19, 2016 C.2 2016-0007 AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES: AN ORDINANCE TO AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES TO CLARIFY THAT PERSONS MAY NOT LEGALLY PARK THEIR MOTOR VEHICLES ON CITY TRAILS Attachments: Agenda Packet & 72.02 and 72.03 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment 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. City of Fayetteville, Arkansas Page 4 Printed on 1113/2016 City Council Meeting Meeting Agenda - Final Agenda January 19, 2016 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 for the 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 479-575-8330. 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. City of Fayetteville, Arkansas Page 5 Printed on 1113/2016 JORGENSEN +ASSOCIATES v Civil Engineering + Surveying City of Fayetteville — City Council 113 West Mountain Street Fayetteville, AR. 72701 Attn: City Council Members Re: Dead Horse Mountain Rd Rezone Dear Council Members, 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www iorgensenassoc.com This correspondence is to clarify our opinion that this property currently does not have any major drainage problems due to the fact it is relatively flat and there are numerous ponds onsite that help control the drainage before leaving the site. If rezoned and developed we also believe the post -development conditions will be the same as predevelopment if not better. The city has adopted a new Drainage Manual that requires the following four drainage requirements: 1. Water Quality 2. Channel Protection 3. Overbank Flood Protection 4. Extreme Flood Protection Due to these requirements any new impervious surfaces added will have to be treated before going into a pond and leaving the site. Also any portion of a developed site will have to utilize level spreaders to prevent any point discharges which will help reduce any erosion issues due to high velocities. There are numerous other Drainage Requirements that will be reviewed by the city engineer at the time of development proposals that will aid in preventing any future drainage issues from this site. Thanks and feel free to contact us with any questions. Sincerely, Justin L. Jorgensen, PE Alderman Adella Gray Ward 1 Position 1 Alderman Sarah Marsh Ward 1 Position 2 Alderman Mark Kinion Ward 2 Position 1 Alderman Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting December 15, 2015 City Council Meeting Minutes December 15, 2015 Page 1 of 26 Alderman Justin Tennant Ward 3 Position 1 Alderman Martin W. Schoppmeyer, Jr Ward 3 Position 2 Alderman John La Tour Ward 4 Position l Alderman Alan T. Long Ward 4 Position 2 A meeting of the Fayetteville City Council was held on December 15, 2015 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, Assistant City Attorney Blake Pennington, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. 9. 4 Alderman Long arrive ` after roll. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: Nominating Committee Report Alderman Kinion read the Nominating Committee Report and recommended the appointments as submitted. Alderman Kinion moved to approve the Nominating Committee Report. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-1. Alderman La Tour voting no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A copy of the report is attached. Town Center Annual Report Sandra Bennett, Facilities Manager presented the Town Center report. A copy of the report is attached. Agenda Additions: None Consent: City Council Meeting Minutes December 15, 2015 Page 2 of 26 �u �� uu ��ff#fYh rhhi R �hti xh Approval of the November 17, 2015 and December 1, 2015 City Council meeting minutes. . Y. Approved Garver, LLC Amendment No. 1: A resolution to approve Amendment No. 1 to the contract with Garver, LLC in the amount of $9,293.75 to add bidding phase services for the water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange. Resolution 222-15 as recorded in the office of the City Clerk ,,, 88888, 8&a. Bid No. 15-60 Red River Pump Specialists, Inc.: A resolution to award Bid No. 15-60 and authorize the purchase of a trailer mounted diesel powered water pump from Red River Pump Specialists, Inc. in the amount of $71,575.00 plus applicable taxes for use at the Biosolids Management site. Resolution 223-15 as recorded in the office of the City Clerk Clay Maxey Motor Sports: A resolution to authorize the purchase of a Kawasaki Mule from Clay Maxey Motor Sports of Harrison, Arkansas in the amount of $14,000.00 for use by the Police Department, and to approve a budget adjustment. Resolution 224-15 as recorded in the office of the City Clerk Lake Fayetteville Boat Dock Operator Contract: A resolution to approve the Lake Fayetteville Boat Dock Operator contract with Alvaro Perea in the amount of $40,188.00 for services in 2016, with automatic renewals for up to four additional one year terms. Resolution 225-15 as recorded in the office of the City Clerk Ozark Floor Company and G&W Diesel Service Donation Revenue: A resolution to approve a budget adjustment in the total amount of $700.00 representing donation revenue from Ozark 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes December 15, 2015 Page 3 of 26 Floor Company and G&W Diesel Service to the Fayetteville Fire Department for the annual employee service awards event. Resolution 226-15 as recorded in the office of the City Clerk Hazmat Services Revenue: A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $3,233.00 and increasing the related expense budget. ��� Resolution 227-15 as recorded in the office of the City Clerk TEC, The Employment Company d/b/a Tec Staffing Services: A resolution to approve a one year contract with automatic renewals for four additional one year terms with TEC, The Employment Company d/b/a TEC Staffing Services for temp ary staffing services for varying hourly rates by job category. Resolution 228-15 as recorded in the office of the City Clerk Daugherty & Daugherty Investments, LLC d/b/a 1st Employment Staffing: A resolution to approve a one year contract with automatic renewals for four additional one year terms with Daugherty & Daugherty Investments, LLC d/b/a 1 st Employment Staffing for temporary staffing services for varying hourly rates by job category. Resolution 229-15 as recorded in the office of the City Clerk Federal and State Law Enforcement Forfeitures Revenue: A resolution to approve a budget adjustment in the total amount of $37,581.00 recognizing revenue associated with federal and state law enforcement forfeitures. Resolution 230-15 as recorded in the office of the City Clerk Fayetteville Police Department Donation Revenue: A resolution to approve a budget adjustment in the total amount of $6,961.00 recognizing donation revenue to the Fayetteville Police Department in support of general recognition and officer service awards. Resolution 231-15 as recorded in the office of the City Clerk CDW-Government: A resolution to approve the purchase of forty (40) Sierra Wireless Gateway Modems and Antennas from CDW-Government in the amount of $31,330.08 plus applicable taxes, pursuant to a national intergovernmental purchasing alliance contract, for use by the Police Department. Resolution 232-15 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes December 15, 2015 Page 4 of 26 Bid No. 15-65 Wanco, Inc.: A resolution to award Bid No. 15-65 and authorize the purchase of a portable video surveillance trailer from Wanco, Inc. of Arvada, Colorado in the amount of $58,212.00 plus applicable taxes for use by the Police Department. Resolution 233-15 as recorded in the office of the City Clerk Metova, Inc.: A resolution to approve and certify the participation of Metova, Inc. in the Arkansas tax back program and to agree to authorize DF&A to refund city sales tax back to Metova, Inc. Resolution 234-15 as recorded in the office of the City Clerk Pacific Vet Group -USA, Inc.: A resolution to approve a land sale agreement with Pacific Vet Group -USA, Inc. to sell about 24 acres in the Fayetteville Commerce District (formerly Industrial Park) back to the city in exchange for the cancellation of the re aining indebtedness owed to the v98�... city. Resolution 235-15 as recorded in the office of the City Clerk Lib Horn Animal Shelter: A resolution to authorize Mayor Jordan to sign any and all documents necessary to accept, collect, receive and/or transfer all of the assets given by Lib Horn to the Lib Horn Animal Shelter of Fayetteville. Resolution 236-15 as recorded in the office of the City Clerk Alderman Long: I will have to recuse. There is a person on one of the items that I am personally related to. Alderman Gray moved to accept the Consent Agenda as read. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman Long recused. Unfinished Business: Amend Chapter 97 Parks and Recreation: An ordinance to amend Chapter 97 Parks and Recreation of the Fayetteville City Code to allow twenty four (24) hour access to shared use paved trails; to add leash requirements for animals in certain parks; to prohibit certain activities in parks including unauthorized vehicle operation, use of paddle boards on city lakes, and shooting of model rockets; to provide for certain activities in parks including camping, horseback riding, limited vending at park events, and posting of temporary signs; and to make other technical revisions. At the November 17, 2015 City Council meeting, this ordinance was left on the first reading. At the December 1, 2015 City Council meeting, this ordinance was left on the second reading. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2015 Page 5 of 26 Assistant City Attorney Blake Pennington read the ordinance. Connie Edmonston, Parks & Recreation Director: This has come before you several times. I am here to answer any questions you may have. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5828 as recorded in the office of the City Clerk Amend §73.04 Riding on Roadways and Bicycle Paths and §73.05 Riding on Sidewalks: An ordinance to amend §73.04 Riding on Roadways and Bicycle Paths to provide for the safe operation of bicycles on roadways and bicycle paths, and to amend §73.05 Riding on Sidewalks to provide for the safe operation of bicycles on sidewalks. At the November 17, 2015 City Council meeting, this ordinance was left on the first reading. At the December 1, 2015 City Council meeting, this ordinance was left on the second reading. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Blake Pennington read the ordinance. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the ordinance. He stated that the Active Transportation Advisory Committee held a special meeting on December 2, 2015 and approved recommended changes. He stated staff supports the changes. Alderman La Tour requested more clarification on the amendment. Peter Nierengarten: The amendment is to move from the original language developed by the City Attorney office for Chapter 73.04, to language that is more in line with recommendations from the League of American Bicyclist. It contains more details in areas related to the specifics of where cyclist can and cannot ride on the roadway and what kind of hazards they may or may not be expected to ride through. Alderman La Tour: Can you give some examples? Peter Nierengarten gave a brief description of examples. Alderman La Tour: Does a cyclist have an obligation to ride on a sidewalk or to ride off the sidewalk? Peter Nierengarten: There is a separate change in the packet under Chapter 73.05 related to regulations of when a cyclist may or may not ride on a sidewalk. That is a separate proposed change. The new proposal states that you can ride on a sidewalk anywhere except where that sidewalk abuts a building face. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes December 15, 2015 Page 6 of 26 Alderman La Tour: Would you agree that the more we can take bicyclist out of the flow of traffic, the safer everyone is? Peter Nierengarten: It depends on the context and the type of cyclist using the facility and where the facility is. There are some roadways where the grade of the street and the speed of the traffic is such that a bicyclist can operate at practically the same speed as an automobile going downhill. There are some streets that it makes sense for cyclist to have separation from vehicles and pedestrians for safety. Paxton Roberts, Executive Director of the Bicycle Coalition of the Ozarks and a member of the Active Transportation Advisory Committee thanked the Council for looking at revising the ordinance. He stated it is an ordinance that helps move Fayetteville forward to being more bicycle and pedestrian friendly. He spoke in favor of the ordinance. Lorraine O'Neal, 3001 West Wedington stated that the wording of the ordinance was complicated and lengthy. Aubrey Shepherd, South Duncan Avenue stated that the ordinance was excellent. He believes more education is needed. Alderman Marsh: As a member of the Active Transportation Advisory Committee, we wanted to make sure the language exactly told cyclist where they can ride and what their rights and responsibilities are on the road. We feel that the new ordinance offers a lot of clarity for all of the road users. In order to develop this we looked at other cities around the country as well as bicycle advisory groups. We think it is going to be a good model language that other communities in the state begin to adopt to be more bicycle friendly. Alderman Marsh moved to amend the language recommended by the Active Transportation Advisory Committee. Alderman Kinion seconded the motion. Upon roll call the motion passed 7-1. Alderman La Tour voting no. Alderman La Tour: I don't want people to think I am against bicycles. I am concerned with the language I have heard tonight about moving forward, being progressive, and we are going to be a leader in a more bicycle friendly town. I want bicycles to be safe. I think they are safest when they aren't in traffic. Mayor Jordan: Peter, did you send copies of the ordinance to all of the Council members? Peter Nierengarten: Yes, sir. Alderman Petty: The data is overwhelming that cyclist who ride on the sidewalk for comfort or legality places themselves in the most deadly zone of riding a bicycle. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Alderman La Tour voting no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov