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HomeMy WebLinkAbout2004-02-03 - Agendas - Final t Final Agenda City Council Meeting February 3, 2004 A meeting of the Fayetteville City Council will be held on February 3, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: 1 . Approval Of The Minutes : Approval of the January 20, 2004 meeting minutes. 2. Telecommunications Task Force: A resolution to establish a Task Force to recommend a plan and an implementation strategy for a Telecommunications Policy and Infrastructure Development . 3. AREA Post Closure Trust Fund : A resolution authorizing the Fayetteville Parks & Recreation Division to apply for a Post Closure Trust Fund Grant from the Arkansas Department of Environmental Quality (ADEQ) for the C & L Landfill study and remediation. 4. Wastequip May Fab Bid Award : A resolution approving the purchase of 2 to 8 yard trash containers from Wastequip in an amount not to exceed S63 ,000.00 to service multi -family and commercial solid waste customers. 5. Bes-Pac Bid Award: A resolution approving the purchase of trash compactors and roll-off container/compactors in an amount not to exceed $85,859.00 from Bcs-Pac, Inc. , and Downing Sales, Inc. 6. ESRI 2004 Service and Maintenance Fees : A resolution approving the annual maintenance agreement in the amount of $20,692 .30 with ESRI, Inc. for Geographic Information System (GIS) software maintenance and upgrades. 7. Hansen 2004 Service and Maintenance Fees : A resolution approving a purchase request to Hansen Technology, Inc. in the amount of $44,852. 10 for software service and maintenance fees. 8. Van Scoyoc Associates : A resolution approving a memorandum of agreement with Van Scoyoc Associates and a budget adjustment in the amount of 585,000.00 to provide consulting legislative services in the amount of $ 75,000.00, plus expenses up to $ 10,000.00. 9. Rules of Order and Procedure - Handbook Arkansas Municipal Officials: A resolution to clarify that the Rules of' Order and Procedure of the Fayetteville Mayor/City Council should follow the "Procedural Rules for Municipal Officials" by the Arkansas Municipal League. 1 10. Rules of Order and Procedure — Voting: A resolution to modify Section B.4. Voting on the Rules of Order and Procedure of the Fayetteville Mayor/City Council. B. OLD BUSINESS : 1 . Impact Fees for Road, Police and Fire Improvements: An ordinance waiving the requirements of competitive bidding and approving a contract with Duncan and Associates to calculate Impact Fees for Road, Police and Fire Improvements in the amount of $25,890.00 with a contingency amount of $ 1 ,500.00 and approving a Budget Adjustment of $27,390.00. This Ordinance was left on the first reading at the January 6, 2004 City Council meeting. This Ordinance was tabled at the January 6, 2004 City Council meeting until the February 3, 2004 City Council meeting. Staff will be asking to table this to the February 17, 1004 City Council meeting. 2. R-PZD 03-6.00; Benton Ridge, Long, LLC: An ordinance establishing a Residential Planned Zoning District titled (R-PZD 03-6.00) located on the east side of Crossover Road north of Huntsville Road and south of Wyman Road containing 8.34 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the first reading at the January 6, 2004 City Council meeting. This ordinance was left on the second reading at the January 20, 2004 City Council meeting. 3. R-PZD 03-7.00; Brophy Condominiums, Ralph Brophy: An ordinance establishing a Residential Planned Zoning District titled (R-PZD 03 -7.00) located east of College Avenue, north of Township on Brophy Circle containing 6.01 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the first reading at the January 6, 2004 City Council meeting. This ordinance was left on the second reading at the January 20, 2004 City Council meeting. 4. WIV-Fayetteville Cost-Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with WIV-Fayetteville, LLC in an amount of $25,512.00 plus a contingency of $3 ,826.00 for a total of $29,338.00 for the construction of 350 feet of 8-inch water main. This ordinance was left on the second reading at the January 20, 2004 city Council meeting. 5. Mount Sequoyah Woods Conservation Easement: A resolution to reaffirm its commitment to sell most of its development rights to the Fayetteville Natural Heritage Association, Inc. on the 67 acres of Mount Sequoyah Woods purchased by the City of Fayetteville pursuant to Resolution No. 46-03. This resolution was tabled at the January 20, 2004 City Council meeting. C. NEW BUSINESS : 1 . R-PZD 04- 1 .00 — Southern View 11 : An ordinance establishing a residential planned zoning district titled (R-PZD 04- 1 .00) located on Futrall Drive and Old Farmington Road cast of 1-540 containing 6. 713 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the associated residential development plan as approved by the Planning Commission. 2. Southern View Phase 11, Money in Lieu of Land : A resolution accepting the parks and Recreation Advisory Board' s recommendation to accept S40,086.00 cash in lieu of the required park land dedication for Southern View Phase 11 . 3. Re-budget 2003 Budget Items : A resolution approving a budget adjustment to re- appropriate $58,605,226.00 in order to retain project funding for identified and scheduled capital improvements and fund increased workers compensation premiums. 4. ADM 03-29.00 — Chapter 167 Tree Preservation Amendment: An ordinance amending "ride XV : Unified Development Code, of the Code of Fayetteville, to provide amendments to and clarification of various provisions concerning tree preservation and protection . 5. Attendance Requirements for Planning Commissioners: An ordinance to repeal §33 . 111 removal of Planning Commissioners and enacting §33 .300 attendance requirement for all members of citizen committees, boards and commissions. D. INFORMATIONAL : Council Tour: February 2, 2004 Fayetteville City Council Meeting&ebruan• 3, 2004 / r Oj i Qd At Subject : god Motion To: Motion By: Seconded : Jordan Reynolds Thiel ./ Cook Marr Rhoads ,/ Davis �St Lucas ✓ Nlayor Coody Subject : Motion To: �c Motion By: Seconded : Jordan J Reynolds ✓ I'hiel / Cook ✓ n Marr Rhoads � Davis Lucas Mayor Coody FayetteviIle,City Council Meeting•February 3, 2004 • /� � � the t-G1 Subject : AJYAII� (7174 or, pS Motion To: MLQui, 7 K�AIn�A�O Motion : �W Seconded : Jordan Reynolds ✓ t t2 d Thiel ✓ � Z - UY Cool: fo ln , Of, Marr "J ] Rhoads v Davis Lucas Mayor Coody --- Subject : Subject : Of QR Q/ U _ d G Motion To: ~" ' Motion By: Seconded : /l Old Jordan ( � 4 ( Revnolds ✓ Thiel Cook Marr ✓ Rhoads Davis Cp Cto-) Lucas d`J` Mayor Coody Fayetteville, City Council Meetin�webruary 3, 2004 • Subject: D Motion To: 3n J Motion By: Seconded:) Jordan �/ Z; Reynolds441 pp Thiel QGL Cook ✓ Marr � Rhoads � Davis f � Lucas ✓ /� iv Mayor Coody 16 tA Subject: ^ L Motion To: I Motion By: t 0 - Seconded : At J46 Jordan ,q/ Reynolds old Thiel Cook n� Marr � Rhoads Davis Lucas � / 2p Mayor Coody � Fayetteville City Council Meeting•February 3, 2004 • Subject : - P Q 16 - 740 C 'QZt Motion To: ..Jam+ Motion By: Seconded: 0/))V Jordan Af, Revnolds r/ A #d Thiel n/ Q 4mk#A Cook / A/ �'1 _ Marr ,/ A/ Rhoads y Davis - 0 &t� lJ � � Lucas abyv (t Mayor Coody 1 Subject : I l7 IV Motion To: 31a G oi - 4e Motion By: 0C S Seconded: —/i/i ;O,ja4- Jordan ✓ �/ 'd16 „ �1�s3d Reynolds Thiel ✓ Cook ✓ �/ Marr ✓ Rhoads Davis Q�y�✓ CG�j Lucas (/ ✓ Mayor Coody Fayetteville Citv Council Mecting•February 3, 2004 • Subject: i Motion To:Motion By: t✓\ f � Seconded: Jordan Reynolds 'n n Thiel r/ Cook ✓ Marr A Rhoads ✓ P� 0 Davis Lucas ✓ Mayor Coody Subject : Motion To: Motion By: Seconded : / Jordan ✓ Reynolds a Thiel A Cook ✓ � • ,Q Marr � IVL�hn'�U� Rhoads Davis Lucas Mayor Coody r Fayetteville City Council Mectinoebruary 3, 2004 • Subject: m&- SCO 1wC Motion To: kqs&-� ' er, P&4-4aJ Motion : IV avLoo,� Seconded: ai Jordan Reynolds Thiel ,✓ Cook ✓ /� Marr � Poo) Rhoads ✓ I X01 Davis 1 Lucas ✓ Mayor Coody Subject : /C - P Z D ell- /, ev U;��✓ *� Motion To: Motion By: Seconded: Jordan KntC44f l / Revnolds Thiel /I#- �- Cook Marr Rhoads Davis Lucas Mayor Coody FayettevillR City Council Meetingo-ebruary 3, 2004 • Subject: C� eAAj Motion To: �, �(�, , Gam" Motion By: 8iPA014A- Seconded : t�YG7 t� Jordan Reynolds Thiel Cook ✓ ,� Marr I �tT Rhoads ✓ � �T Davis A J' Lucas EU; J Mayor Coody ffit&K/ Subject: – ba-u 0 � GJrt Eyt/1� Motion To: Motion By: VACILL— Seconded: , ,a Jordan Nto , cynolds Thiel ✓ Cook ✓ 1� Marr / Rhoads Davis Lucas ✓ Mayor Coody Favettevillg City Council Meeting•February 3, 2004 • Subject: , - 0m 03 Motion To: LQ4w 1-J Motion By: Seconded: Jordan ✓� ✓ ✓ Reynolds ✓ 4J Thiel ,/ v Cook Marr r/ ✓ ,� Rhoads Ph Davis y53Lucas ✓ ✓ Mayor Coody Subject : trct - �S ���silui ;AOtll Motion To: �- Motion By: f Z r1 nppf<� /u¢vcja „ Wj Seconded: 0 - Jordan r Reynolds lY� Thiel N Cook P !h+ b-A Marr dl Rhoads Davis (/ ltA�l Lucas Mayor Coody NaM e4Cfi Fayetteville City Council Mecting•February 3, 2004 99 ( . Subject : WAA Motion To: Motion By: Seconded: S 1 Jordan ✓ Reynolds ✓ ✓ ,� N Thiel ✓ ,/ ✓ ✓ Cook / v ✓ Marr / ✓ ✓ IV1rMJ�� " Rhoads Davis ✓ v v Lucas l/ r/ ,✓ Mawr Coodv Subject: Motion To: — Motion By: Seconded : Jordan Reynolds ✓ Thiel ✓ Cook Marr Rhoads ✓ Davis ✓ Lucas Mavor Coodv February 3, 2004 A. CONSENT: Approval Of The Minutes: Approval of the January 20, 2004 meeting minutes. 12-04 Telecommunications Task Force: A resolution to establish a Task Force to recommend a plan and an implementation strategy for a Telecommunications Policy and Infrastructure Development. 13-04 ADEA Post Closure Trust Fund : A resolution authorizing the Fayetteville Parks & Recreation Division to apply for a Post Closure Trust Fund Grant from the Arkansas Department of Environmental Quality (ADEQ) for the C & L Landfill study and remediation. 14-04 Wastequip May Fab Bid Award: A resolution approving the purchase of 2 to 8 yard trash containers from Wastequip in an amount not to exceed $63,000.00 to service multi-family and commercial solid waste customers. 15.04 Bes-Pac Bid Award : A resolution approving the purchase of trash compactors and roll-off container/compactors in an amount not to exceed $85,859.00 from Bes-Pac, Inc., and Downing Sales, Inc. 16-04 ESRI 2004 Service and Maintenance Fees: A resolution approving the annual maintenance agreement in the amount of $20,692.30 with ESRI, Inc. for Geographic Information System (GIS) software maintenance and upgrades. 17-04 Hansen 2004 Service and Maintenance Fees: A resolution approving a purchase request to Hansen Technology, Inc. in the amount of $44,852. 10 for software service and maintenance fees. Pulled from Van Scoyoc Associates: A resolution approving a memorandum of Consent- agreement with Van Scoyoc Associates and a budget adjustment in the amount add to New of $85,000.00 to provide consulting legislative services in the amount of Business $75,000.00, plus expenses up to $ 10,000.00. 16-04 Rules of Order and Procedure - Handbook Arkansas Municipal Officials: A resolution to clarify that the Rules of Order and Procedure of the Fayetteville Mayor/City Council should follow the "Procedural Rules for Municipal Officials" by the Arkansas Municipal League. 19-04 Rules of Order and Procedure — Voting: A resolution to modify Section B.4. Votine on the Rules of Order and Procedure of the Fayetteville Mayor/City Council . B. OLD BUSINESS: Left on the Impact Fees for Road, Police and Fire Improvements: An ordinance second waiving the requirements of competitive bidding and approving a contract reading with Duncan and Associates to calculate Impact Fees for Road, Police and Fire Improvements in the amount of $25,890.00 with a contingency amount of $ 1 ,500.00 and approving a Budget Adjustment of $27,390.00. This Ordinance was left on the first reading at the January 6, 2004 City Council meeting. This Ordinance was tabled at the January 6, 2004 City Council meeting until the February 3, 2004 City Council meeting. Staff will be asking to table this to the February 17, 1004 City Council meeting. 4538 R-PZD 03-6.00; Benton Ridge, Long, LLC: An ordinance establishing a Residential Planned Zoning District titled (R-PZD 03-6.00) located on the cast side of Crossover Road north of Huntsville Road and south of Wyman Road containing 8 .34 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the first reading at the January 6, 2004 City Council meeting. This ordinance was left on the second reading at the January 10, 2004 City Council meeting. Failed R-PZD 03-7.00; Brophy Condominiums, Ralph Brophy: An ordinance establishing a Residential Planned Zoning District titled (R-P7_D 03-7.00) located cast of College Avenue, north of Township on Brophy Circle containing 6.01 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the first reading at tire January 6, 2004 City Council meeting. This ordinance was left on the second reading at the January 20, 2004 City Council meeting. Tabled until WIV-Fayetteville Cost-Share: An ordinance waiving the requirements of next formal competitive bidding and approving a cost-share agreement with WiV- meeting - Fayetteville, LLC in an amount of $25,512.00 plus a contingency of $3,826.00 2/17104 for a total of $29,338 .00 for the construction of 350 feet of 8-inch water main. This ordinance was left on the second reading at the January 20, 2004 city Council meeting. 20-04 Mount Sequoyah Woods Conservation Easement: A resolution to reaffirm its commitment to sell most of its development rights to the Fayetteville Natural Heritage Association, Inc. on the 67 acres of Mount Sequoyah Woods purchased by the City of Fayetteville pursuant to Resolution No. 46-03 . This resolution was tabled at the January 20, 2004 City Council meeting. C. NEW BUSINESS: 21 -04 Van Scoyoc Associates: A resolution approving a memorandum of agreement with Van Scoyoc Associates and a budget adjustment in the amount of $85 ,000.00 to provide consulting legislative services in the amount of $75,000.00, plus expenses up to $ 10,000.00. Left on the R-PZD 04-1 .00 — Southern View 11 : An ordinance establishing a residential first planned zoning district titled (R-PLD 04- 1 .00) located on Futrall Drive and reading Old Farmington Road cast of 1-540 containing 6.713 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the associated residential development plan as approved by the Planning Tabled to Southern View Phase 11, Money in Lieu of Land : A resolution accepting next the parks and Recreation Advisory Board's recommendation to accept meeting - $40,086.00 cash in lieu of the required park land dedication for Southern View 2/17/04 Phase 11. 22-04 Re-budget 2003 Budget Items: A resolution approving a budget adjustment to re-appropriate $58,605,226.00 in order to retain project funding for identified and scheduled capital improvements and fund increased workers compensation premiums. 4539 ADM 03-29.00 — Chapter 167 Tree Preservation Amendment: An ordinance amending Title XV : Unified Development Code, of the Code of Fayetteville, to provide amendments to and clarification of various provisions concerning tree preservation and protection. Left on the Attendance Requirements for Planning Commissioners: An ordinance to first repeal §33 . 111 removal of Planning Commissioners and enacting §33 .300 reading attendance requirement for all members of citizen committees, boards and commissions. 4540 Water Rate Schedule: An ordinance amending Table B. Monthly Meter Passed Service Charge of Section 51 . 136 of the Fayetteville Code and declaring an with emergency emergency. clause INFORMATIONAL: Council Tour: February 2, 2004 Adjourned at 8:09 p.m. r Final Agenda City Council Meeting February 3, 2004 A meeting of the Fayetteville City Council will be held on February 3 , 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: 1 . Approval Of The Minutes: Approval of the January 20, 2004 meeting minutes. 2. Telecommunications Task Force: A resolution to establish a Task Force to recommend a plan and an implementation strategy for a Telecommunications Policy and Infrastructure Development. 3. ADEA Post Closure Trust Fund: A resolution authorizing the Fayetteville Parks & Recreation Division to apply for a Post Closure Trust Fund Grant from the Arkansas Department of Environmental Quality (ADEQ) for the C & L Landfill study and remediation. 4. Wasteyuip May Fab Bid Award : A resolution approving the purchase of 2 to 8 yard trash containers from Wasteyuip in an amount not to exceed $63 ,000.00 to service multi-family and commercial solid waste customers. 5. Bes-Pac Bid Award: A resolution approving the purchase of trash compactors and roll-off container/compactors in an amount not to exceed $85,859.00 from Bes-Pac, Inc., and Downing Sales, Inc. 6. ESRT 2004 Service and Maintenance Fees: A resolution approving the annual maintenance agreement in the amount of S20,692 .30 with ESR1, Inc. for Geographic Information System (GIS) software maintenance and upgrades. 7. Hansen 2004 Service and Maintenance Fees : A resolution approving a purchase request to Hansen Technology, Inc. in the amount of $44,852. 10 for software service and maintenance fees. 8. Van Scoyoc Associates: A resolution approving a memorandum of agreement with Van Scoyoc Associates and a budget adjustment in the amount of S85,000.00 to provide consulting legislative services in the amount of $75,000.00, plus expenses up to $ 10,000.00. 9. Rules of Order and Procedure - Handbook Arkansas Municipal Officials: A resolution to clarify that the Rules of Order and Procedure of the Fayetteville Mayor/City Council should follow the "Procedural Rules for Municipal Officials" by the Arkansas Municipal League. 1 10. Rules of Order and Procedure — Voting: A resolution to modify Section B.4. Voting on the Rules of Order and Procedure of the Fayetteville Mayor/City Council. B. OLD BUSINESS: 1 . Impact Fees for Road, Police and Fire Improvements : An ordinance waiving the requirements of competitive bidding and approving a contract with Duncan and Associates to calculate Impact Fees for Road, Police and Fire Improvements in the amount of $25,890.00 with a contingency amount of $ 1 ,500.00 and approving a Budget Adjustment of $27,390.00. This Ordinance was left on the first reading at the January 6, 2004 City Council meeting. This Ordinance was tabled at the January 6, 2004 City Council meeting until the February 3, 2004 City Council meeting. Staff will be asking to table this to the February 17, 2004 City Council meeting. 2. R-PZD 03-6.00; Benton Ridge, Long, LLC: An ordinance establishing a Residential Planned Zoning District titled (R-PZD 03-6.00) located on the east side of Crossover Road north of Huntsville Road and south of Wyman Road containing 8.34 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the first reading at the January 6, 2004 City Council meeting. This ordinance was left on the second reading at the January 20, 2004 City Council meeting. 3. R-PZD 03-7.00; Brophy Condominiums, Ralph Brophy: An ordinance establishing a Residential Planned Zoning District titled (R-PZD 03-7.00) located east of College Avenue, north of Township on Brophy Circle containing 6.01 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the first reading at the January 6, 2004 City Council meeting. This ordinance was left on the second reading at the January 20, 2004 City Council meeting. 4. WIV-Fayetteville Cost-Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with WIV-Fayetteville, LLC in an amount of $25,512.00 plus a contingency of $3 ,826.00 for a total of $29,338.00 for the construction of 350 feet of 8-inch water main. This ordinance was left on the second reading at the January 20, 2004 city Council meeting. 5. Mount Sequoyah Woods Conservation Easement: A resolution to reaffirm its commitment to sell most of its development rights to the Fayetteville Natural Heritage Association, Inc. on the 67 acres of Mount Sequoyah Woods purchased by the City of Fayetteville pursuant to Resolution No. 46-03 . This resolution was tabled at the January 20, 2004 City Council meeting. C. NEW BUSINESS : 1 . R-PZD 04- 1 .00 — Southern View 11 : An ordinance establishing a residential planned zoning district titled ( R-PZD 04- 1 .00) located on Futrall Drive and Old Farmington Road cast of 1-540 containing 6. 713 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the associated residential development plan as approved by the Planning Commission. 2. Southern View Phase 11, Money in Lieu of Land : A resolution accepting the parks and Recreation Advisory Board 's recommendation to accept $40,086.00 cash in lieu of the required park land dedication for Southern View Phase 11 . 3. Re-budget 2003 Budget Items : A resolution approving a budget adjustment to re- appropriate 558,605,226.00 in order to retain project funding for identified and scheduled capital improvements and fund increased workers compensation premiums. 4. ADM 03-29.00 — Chapter 167 Tree Preservation Amendment: An ordinance amending Title XV: Unified Development Code, of the Code of Fayetteville, to provide amendments to and clarification of various provisions concerning tree preservation and protection. 5. Attendance Requirements for Planning Commissioners: An ordinance to repeal §33 . 111 removal of Planning Commissioners and enacting § 33 . 300 attendance requirement for all members of' citizen committees, boards and commissions. D. INFORMATIONAL: Council Tour: February 2, 2004 • FAYE7TEP7LLE THE CFFY OF FAYEITEP7LLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and Fayetteville City Council Members COPY: Kit Williams, Steve Davis, Greg Boettcher FROM : Hugh Earnest Chief Administrative Officer DATE: February 3, 2004 RE: Fayetteville Water Rate Schedule Customer Service Charge Revision Recent customer inquiries have revealed an error in the new water rate schedule developed by Black and Veatch. The error centers around the monthly Safe Drinking Water Act Fee of $0.25 per month that is collected and transferred to the State of Arkansas. In order that the rate structure conforms with the across-the-board rate methodology, the monthly customer charges for water arc to all be reduced by $0.28 for each meter size. This • charge has been immediately instituted in our billing system; with appropriate credits to be provided to all of the billings (3 weeks) performed before today. The basis for the customer service charge change is summarized below: ADOPTED 5/8 —METER CHARGE CATEGORY 2003 CHANGE TO 2004 COST CHARGES METER CHARGE 3 .78 0.38 4. 16 SWDA FEE 40- 0.00 0.25 TOTAL 3.78 0.38 4.41 CORRECTED 5/8 RESIDENTIAL METER CHARGE CATEGORY 2003 COST CHANGE TO 2004 COST CHARGES METER CHARGE 3.53 + 0.35 $3.88 SWDA FEE 0.25 -0 0.25 TOTAL 3.78 +0.35 $4. 13 This mistake was noted by Mr. Geary Lowery. His diligence in catching this error is much appreciated. In order to formally rcclify this situation, our city attorney has prepared an • ordinance which corrects the table in our code of ordinances. (A copy is attached) w • • J • ORDINANCE NO. AN ORDINANCE AMENDING TABLE B MONTHLY WATER METER SERVICE CHARGE OF SECHON 51 . 136 OF THE FAYETTEVILLE CODE AND DECLARING AN EMERGENCY WHEREAS, the Safe Drinking Water Act monthly household fee of 25 cents was mistakenly both included in Table B Monthly Water Meter Service Charge of §51 . 136 and "added to those Monthly Water Service Charges'; and WHEREAS, the 10% across the board water rale increase should not have applied to the Safe Drinking Water Act fee. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'T'Y OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby repeals Table B Monthly Water Meter Service Charge of §51 . 136 of the Fayetteville Code and enacts a replacement Table B Monthly Water Meter Service Charge (attached • as Exhibit A) which reduces all rates by 28 cents per month. Section 2 : Emergency Clause. That the City Council of the City of Fayetteville, Arkansas has determined that immediate amendment of the Water Rate Ordinance to reduce the water rates to comply with the Safe Drinking Waster Act and the City's rate study is essential to the public peace, health and safety. Therefore, the City Council of Fayetteville, Arkansas declares this ordinance being necessary to preserve the public peace, health and safety, constitutes an emergency so that this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this the 3rd day of February, 2004. APPROVED: By: SPF DAN COO Y, Mayor ATTEST: • By. SONDRA SMITH, City Clerk EXHIBIT A Table B -Monthly Water Meter Service Charge Meter Size Inside City Outside City 5/8 inch S 3.88 3 4.92 3/4 inch 4. 14 5.26 1 inch 5.39 6.84 1 '/: inch 9.40 11 .94 2 inch 13.69 17.39 3 inch 31 .90 40.51 4 inch 52.80 67.05 6 inch 105.60 134. 11 8 inch 158.40 201 . 16 • • • RESOLUTION NO. A RESOLUTION TO ESTABLISH A TASK FORCE TO RECOMMEND A PLAN AND AN IMPLEMENTATION STRATEGY FOR TELECOMMUNICATIONS POLICY AND INFRASTRUCTURE DEVELOPMENT WHEREAS, the City of Fayetteville, its citizens, businesses, and public offices, will benefit from a coordinated approach to planning for the technology and telecommunications environment that supports vital communication channels and seeks to provide an innovative approach to broadband communications services as a building block for the city's goals and guiding principles. 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, creates the City Technology and Telecommunications Infrastructure Planning Task Force whose charge includes: A. Reviewing the existing information technology and telecommunications infrastructure used by the city, available • telecommunications services, rights-of-way management strategies, and telecommunications regulatory structure. B. Identifying the telecommunications needs of the community (government, schools, business, public) and how to best meet those needs. C. Developing a Technology and Telecommunications Infrastructure Vision and Policies statement that provides direction for the plan and guides the implementation of telecommunications technologies in support of community interests, local governance, and consistent with the city's goals and guiding principles. D. Developing a comprehensive telecommunications strategy and regulatory framework plan to support a coordinated regional information infrastructure that provides accessible and affordable high-speed connectivity for citizens, public institutions, and businesses. Section 2. That the Mayor shall appoint two Council Members who shall appoint two Fayetteville citizens as Co-Chairs of the City Technology and Telecommunications Infrastructure Planning Task Force. Section 3. That the Co-Chairs of the City Technology and Telecommunications Infrastructure Planning Task Force shall appoint 8 Fayetteville citizens as members to • promote the interests and represent constituents from the government, schools, general SRA-7T public, and business sectors (two for each area). These appointments will be made by the • Co-Chairs after advertising and promotion in local newspapers. At least one member from both the City Administration and the City Telecommunications Board will be named. Staff support will be negotiated by Co-Chairs with City Administration. The Task Force may seek budgetary support from the City Council. Section 4. That the City Technology and Telecommunications Infrastructure Planning Task Force shall present its strategy and implementation plan to the City Council no later than December, 2004. PASSED and APPROVED this the 3`d day of February, 2004. APPROVED: '*4*A® By: DAN COODY, Mayor ATTEST: By: • SONDRA SMITH, City Clerk • ALDERMAN AGENDA REQUEST FORM FOR: COUNCIL MEETING OF FEBRUARY 3, 2004 FROM : MAYOR DAN COODY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT WITH VAN SCOYOC ASSOCIATES AND A BUDGET ADJUSTMENT IN THE AMOUNT OF $85,000.00 TO PROVIDE CONSULTING LEGISLATIVE SERVICES IN THE AMOUNT OF $75,000.00, PLUS EXPENSES UP TO $10,000.00 • APPROVED FOR AGENDA: ca64 L Z O Dan oody, Mayor Date "/� •� 29 /oy City Attorney (as to form) Date • 1 • RESOLUTION NO. A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT WITH VAN SCOYOC ASSOCIATES AND A BUDGET ADJUSTMENT IN THE AMOUNT OF $85,000.00 TO PROVIDE CONSULTING LEGISLATIVE SERVICES IN THE AMOUNT OF $75,000.00, PLUS EXPENSES UP TO $ 10,000.00 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 approves the attached Memorandum of Agreement with Van Scoyoc Associates for consulting legislative services in the amount of $75,000.00, plus up to $ 10,000.00 in expenses. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $85,000.00 attached as Exhibit B. • PASSED and APPROVED this the 3`d day of February, 2004. APPROVED: By: pRP► DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk • • MEMORANDUM OF AGREEMENT Agreement. The City of Fayetteville hereby retains Van Scoyoc Associates, Inc. (VSA) as consultants and advisors with regard to various legislative and administrative matters. Statement of Work. VSA will assist the City of Fayetteville and its personnel in the following areas: • Developing a program and strategy towards obtaining federal appropriations and grants for Fayetteville's future economic viability. • Analyzing and informing the City of contemplated legislative and regulatory changes that may positively or negatively affect programs of interest to the City. Educating Members of Congress and their staffs about Fayetteville concerns or opportunities with respect to legislation or regulations. • Building grassroots support of the projects to demonstrate local interest by finding individuals and groups with goals similar to those of the City. • 0 Working with the relevant committees to secure enactment of the legislative agenda or otherwise advance the interests of the City. Assisting in working with federal agencies and the federal administration to identify, create and secure new federal grant and funding opportunities. Lobby Disclosure Act. It is understood that VSA will be required to register on behalf of the City of Fayetteville under the terms of the Lobbying and Disclosure Act of 1995 (P. L. 104-65) and any subsequent laws or regulations. Term. In consideration of the performance of these services, the City of Fayetteville shall pay to VSA the sum of $6,250 per month for the period of February 1 , 2004 through January 31 , 2005, for a total of $75,000 in retainer expenses. The City of Fayetteville further agrees to pay all reasonable costs and expenses incurred by VSA in furtherance of its efforts on behalf of the City, including, but not limited to, copies, facsimiles, couriers, telephone, local transportation and meals directly attributable to those efforts. VSA agrees that these expenses, exclusive of out-of-town travel costs taken solely at the City' s direction, shall not exceed $ 10,000 during the contract term. • 1 Notice. The City of Fayetteville shall have the right to terminate this contract • after giving VSA 30 days advance written notice. Should the City exercise this option, it agrees to pay VSA all outstanding retainer and expense costs owed through the termination date. VAN SCpO,cY.00C ASSOCIATES By: dam► (fwo f/� �rw� Date: ae' ) UO H. Stewart Van Scoyoc President CITY OF FAYETTEVILLE By: Date: Dan Coody Mayor • • 2 city or Fayetteville, Arkansas • Budget Adjustment Form • Budget Year Department: General Government Date Requested Adjustment Number • 2004 Division: Miscellaneous 2/3/2004 Program: Miscellaneous Project or Item Requested: Project or Item Deleted: $85,000 is being requested in the Professional Services None. $85,000 from the General Fund Use of Fund account. Balance. - Justification of this Increase: Justification of this Decrease: The funds are needed for the City of Fayetteville to enter In 2003, there was $6,636,816 in remaining funds not into a contract with Van Scoyoc Associates for Grant being requested for re-budgeting that will go back to fund Writing services. The amount of the contract is $75,000 . balance for other future uses. with another $10,000 being requested for outside reimbursable expenses. The General Fund has sufficient funds available to comply with City Policy. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Professional services 1010 6600 5314 00 85,000 Decrease Budget (Increase Revenue) Account Name Account Number Amount Project Number Use of fund balance 1010 0001 4999 99 85,000 Approval Signatures Budget Office Use Only _ Type: A B C (::D I E Requested By Date Z �ti 7/ Date of Approval _ udget Manager Date Initial Date Posted to General Ledger _ 46partment Director Date Initial Date Posted to Project Accounting Finance & Internal Services Director Date Initial Date Entered in Category Log Mayor Date Initial Date FAYETTLVI LLE CITYOf EAYEEIEVILLE. ARKANSAS 4LiI KIT WILLIAMS, CITY A7'romry 'Sim DAVID WHITAKE.R, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM : Kit Williams, City Attorne� DATE: January 29, 2004 RE: Conservation Easement for Mt. Sequoyah Woods After meeting with several representatives of the Fayetteville Natural • Heritage Association, Inc. I revised the proposed Resolution To Reaffirm the commitment to sell a conservation easement. The proposed Resolution is attached. As you can see, the previously discussed figure of $300,000.00 for the conservation easement is now made a part of this Resolution. We also acknowledge their previous payments that now total $50,000.00. I recommend these changes be made and that you amend the previously submitted draft Resolution by replacing it with this proposed Resolution. • RESOLUTION NO. • A RESOLUTION TO REAFFIRM ITS COMMITMENT TO SELL MOST OF ITS DEVELOPMENT RIGHTS TO THE FAYETTEVILLE NATURAL HERITAGE ASSOCIATION, INC. ON THE 67 ACRES OF MOUNT SEQUOYAH WOODS PURCHASED BY THE CITY OF FAYETTEVILLE PURSUANT TO RESOLUTION NO. 46-03 WHEREAS, the City Council of the City of Fayetteville, Arkansas had invited the Fayetteville Natural Heritage Association, Inc. to purchase its development rights to Mount Sequoyah Woods in Resolution No. 46-03 passed unanimously by the Fayetteville City Council on April 1 , 2003; and WHEREAS, the Fayetteville Natural Heritage Association, Inc. has worked diligently and continues to strive to raise contributions to purchase these development rights in the form of a conservation easement to protect Mount Sequoyah Woods so that it will be a nature preserve for all residents of Fayetteville; and WHEREAS, the Fayetteville Natural Heritage Association, Inc. has already paid to the City Fifty Thousand . Dollars ($50,000.00) toward the purchase of these • development rights and conservation easement. 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 reaffirms its commitment to sell its development rights in the form of a conservation easement for Mount Sequoyah Woods except as necessary to build amenities for Mount Sequoyah Woods such as perimeter parking, walking trails, benches, picnic tables, pavilion, restroom facility and signs for the use of the public when enjoying this wooded hillside for Three Hundred Thousand Dollars ($300,000.00) to the Fayetteville Natural Heritage Association, Inc. PASSED and APPROVED this the 3rd day of February, 2004. APPROVED: By: DAN CO Y, Mayor ATTEST: By. •SONDRA SMITH, City Clerk