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HomeMy WebLinkAbout2014-12-16 - Agendas - Archive Alderman Adella Gray ` Alderman Justin Tennant Ward 1 Position 1 Ward 3 Position 1 Alderman Sarah Marsh Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion Alderman Rhonda Adams Ward 2 Position 1 Ward 4 Position 1 Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E.Smith Final Agenda City of Fayetteville Arkansas City Council Meeting December 16, 2014 A meeting of the Fayetteville City Council will be held on December 16,2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: 1. 2014-0536 Alderman Rhonda Adams Recognition City Council Meeting Presentations, Reports and Discussion Items: 1. 2014-0562 Mayor Confirmation of the Public Facilities Board Appointment APPROVED 2. 2014-0563 Mayor Confirmation of the Northwest Arkansas Regional Airport Authority Appointments APPROVED 3. 2014-0537 Nominating Committee Report APPROVED 4. 2014-0570 Town Center Annual Report 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov Agenda Additions: A. Consent: 1. 2014-0316 Approval of the December 2, 2014 City Council meeting minutes. APPROVED 2. 2014-0480 A resolution to approve a budget adjustment for housing contract services in the amount of $11,364.00 representing Community Development Block Grant Program income received through a housing program lien payoff, and to approve a budget adjustment for community outreach projects in the amount of $627.00 representing donations to Ranger's Pantry and the Senior Giving Tree. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 216-14 3. 2014-0540 A resolution to approve Change Order No. 2 to the contract with Benchmark Construction in the amount of$6,703.00 for installation of a sidewalk and an Americans with Disabilities Act compliant ramp for the Fire Station No. 1 Driveway Replacement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 217-14 4. 2014-0545 A resolution to award Bid#14-45 and authorize a contract with JL Bryson, Inc. for the installation of an ozone disinfection system at the Noland Wastewater Treatment Plant in the amount of $867,010.00, to approve a project contingency in the amount of $86,701.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 218-14 5. 2014-0551 A resolution to award Bid#14-64 to Evans Enterprises, Inc. to rebuild four(4) motors and to purchase four(4)variable frequency drives and load reactors for the Noland Wastewater Treatment Plant in the amount of$42,341.74 plus applicable taxes. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 219-14 6. 2014-0550 A resolution to award Bid#14-61 to Rogers Iron and Metal for the removal and recycling of scrap metal items for an amount established in the seventh effective issue of the American Metal Market Automobile Scrap Index each month for the Arkansas/Tennessee market less Rogers Iron and Metal's operating costs in the amount of $96.00 per ton. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 220-14 7. 2014-0552 A resolution to approve a budget adjustment in the total amount of$44,018.00 recognizing federal and state law enforcement forfeiture revenue received through November 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 221-14 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov 8. 2014-0548 A resolution to approve a budget adjustment in the total amount of$7,900.00 recognizing donation revenue to the Fayetteville Police Department in support of officer service awards, general recognition and repair of the vandalized police memorial monument. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 222-14 9. 2014-0559 A resolution to approve Amendment No. 2 to the Memorandum of Understanding with the Watershed Conservation Resource Center in an amount not to exceed $6,020.00 for enhancement of the existing floodplain of the Niokaska Creek in Sweetbriar Park, monitoring of bank erosion and repairs to rock structures constructed as part of the original stream restoration project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 223-14 10. 2014-0546 A resolution to approve Amendment No. 6 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of$7,902,543.00 for services in 2015. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 224-14 11. 2014-0556 A resolution to approve a budget adjustment in the amount of$500,000.00 for the development of a Master Transportation Plan. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 225-14 12. 2014-0555 A resolution to approve the attached budget adjustment for both the 2014 and 2015 budgets to create the Hotel, Motel and Restaurant 2014 Bond Capital Improvement Fund in the amount of $7,181,004.00 for the Walton Arts Center Expansion and Enhancement Project and $3,642.656.00 for Phase I of the Regional Park Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 226-14 B. Unfinished Business: 1. 2014-0447 An ordinance rezoning that property described in rezoning petition RZN 14- 4850, for approximately 4.96 acres, located along the north side of Martin Luther King Boulevard between Government and Hill Avenues, from 1-1, Heavy Commercial/Light Industrial,to C-2, Thoroughfare Commercial. This ordinance was left on the first reading at the November 6, 2014 City Council Meeting and tabled to the December 2, 2014 City Council Meeting. This ordinance was left on the second reading at the December 2, 2014 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5727 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov C. New Business: 1. 2014-0554 An ordinance rezoning that property described in rezoning petition RZN 14- 4875, for approximately 20.54 acres, located at the west end of Truckers Drive from R- PZD, Residential Planned Zoning District, Park West 05-1796, to RMF-12, Residential Multi Family, 12 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5728 2. 2014-0538 A resolution to endorse the Northwest Arkansas Bicycle and Pedestrian Master Plan created by the Northwest Arkansas Regional Planning Commission and Alta Planning and Design. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 227-14 3. 2014-0523 An ordinance to waive the requirements of formal competitive bidding and approve a one year contract with Motorola Solutions,Inc.In the amount of$98,422.92 plus applicable taxes with automatic renewal for four additional years for maintenance of the City's Motorola Simulcast Radio System. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5729 4. 2014-0553 An ordinance to amend §31.16 Aldermen, compensation to provide that Aldermen may participate in the City of Fayetteville employee health insurance plan as a defined class during their elected terms of office. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5730 5. 2014-0437 An ordinance to amend the Fayetteville Code by enacting § 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds. THIS ORDINANCE WAS LEFT ON THE FIRST READING AND SENT TO THE ORDINANCE REVIEW COMMITTEE 6. 2014-0438 An ordinance to amend the Fayetteville Code by enacting Chapter 120 Real Estate Sale and Leasing Regulations for the purpose of educating buyers and tenants about City of Fayetteville occupancy limits. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5731 7. 2014-0560 A resolution for a general statement on taxpayer empowerment and the provision of core city services providing that the City of Fayetteville will continue all services currently provided or performed by public employees rather than outsourcing those core public services; and to outline contract terms to be utilized when outsourcing any other services requiring unique professional expertise not available from City employees. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 228-14 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov D. City Council Agenda Session Presentations: 1. 2014-0539 Agenda Session Presentation-Spring Street Parking Deck Construction Update-Jeremy Pate, Development Services Director E. City Council Tour: F. Announcements: Adjournment: 9:35 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium,give your name,address,and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two- thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and,if an ordinance,read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant,etc.)may present its proposal only during this presentation period,but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed,but the public may submit photos,petitions, etc.to be distributed to the City Council. If a member of the public wishes 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.fayefeville-ar.gov or in the office of the City Clerk, 113 W. Mountain,Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting: December 16,2014 Adjourn: 3 Subject: Roll Kinion Petty Tennant Schoppmeyer ✓ O't ° Adams Long ✓ Gray Marsh Mayor Jordan Subject: Public Facilities Board Appointment Motion To: Motion By: Seconded: Kinion Petty ✓ Tennant Schoppmeyer ✓ su Adams Long Gray Cc & Marsh Mayor Jordan OTA ro Vvi 1' City Council Meeting: December 16,2014 Subject: NWA Regional Airport Authority Appointments Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan Subject: Nominating Committee Report Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: December 16,2014 Subject: Consent Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer � P Adams 12bA Long i Gray Marsh '2.►I��I�,I Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: December 16,2014 Subject: Hanna's Landing Appeal 4v Motion To: i f& nO4-- v®fe a a x 0 k w_ Motion By: Seconded: B. 1 Kinion I �" Unfinished Petty s/ Business Tennant 1, ,/ Schoppmeyer Adams ] Long Gray Marsh Mayor Jordan 3-41 Subject: AO Motion To: ly �o> Motion By: Seconded: Kinion Petty /✓ Tennant Al Schoppmeyer (V Adams 0 Long Pv Gray Vol Marsh �/` !`✓ Mayor Jordan "' Uel 04 aao, ',3 City Council Meeting: December 16,2014 Subject: RZN 14-4875 West End of Truckers Dr./Legacy Bank Motion To: r A"'d e4h�6olq atly 3ord C, Motion By: Seconded: C. 1 Kinion td New Petty v' L �, C G di Business Tennant 0 e � `� 4,4o., 444 uOte, Schoppmeyer V11- Adams Adams Long vvm" Vol Gray Marsh vL© Mayor Jordan Subject: Arkansas Bicycle and Pedestrian Master Plan Motion To: Motion By: Seconded: C. 2 Kinion New Petty a� Business Tennant *e. Schoppmeyer Adams Long Gray e®'" Marsh ►Z� --' Mayor Jordan City Council Meeting: December 16,2014 Subject: Motorola Solutions, Inc. Motion To: aid F r- Motion By: Seconded: C. 3 Kinion New Petty Business Tennant Oke °` `I o Schoppmeyer LI-1 e/ Adams (a�j �.. Long ✓ ,,� Gray �,-- �' ✓ Marsh ✓f ✓ Mayor Jordan Subject: Amend 31.16 Alderman Compensation Motion To: n r Motion By: Seconded: C. 4 Kinion New Petty Business Tennant . Schoppmeyer Adams Long Gray ✓ ✓� Marsh 5' Mayor Jordan City Council Meeting: December 16,2014 Subject: Enact 71.016 Insurance Requirements for Motorized Bicycles,Motor Scooters and Mopeds Motion To: AW110-i `C Motion By: Seconded: C. 5 Kinion 0,,� '✓ New Petty '' Tennant v Business r/or a? eh Schoppmeyer d"'; : :. DV) r Adams , Long Gray (f Marsh .Wi Mayor Jordan Subject: Enact Chapter 120 Real Estate Sale and Leasing Regulations � tve D� Motion To: 41 y-J Motion By: ,� G Seconded: e C. 6 Kinion New Petty Business Tennant ... a(j Jd Schoppmeyer r/ f Adams 4,144J, Long ,� ,,,� Gray Marsh 5 Mayor Jordan City Council Meeting: December 16,2014 Subject: Outsourcing Core Public Services Motion To: Ilr �--v Motion By: Seconded: C. 7 Kinion ✓ New Petty Business Tennant - / fn-i Schoppmeyer '� Adams Long Gray ,/ ✓ Marsh Mayor Jordan ,0 Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan i DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith, City Clerk FROM: Kit Williams,City Attorney DATE: December 17,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 16, 2014 1. A resolution to approve a budget adjustment for housing contract services in the amount of $11,364.00 representing Community Development Block Grant Program income received through a housing program lien payoff, and to approve a budget adjustment for community outreach projects in the amount of $627.00 representing donations to Ranger's Pantry and the Senior Giving Tree. 2. A resolution to approve change order no. 2 to the contract with Benchmark Construction in the amount of$6,703.00 for installation of a sidewalk and an Americans With Disabilities Act compliant ramp for the Fire Station No. 1 driveway replacement project. 3. A resolution to award bid #14-45 and authorize a contract with JL Bryson, Inc. for the installation of an ozone disinfection system at the Noland Wastewater Treatment Plant in the amount of $867,010.00, to approve a project contingency in the amount of $86,701.00, and to approve a budget adjustment. 4. A resolution to award bid #14-64 to Evans Enterprises, Inc. to rebuild four (4) motors and to purchase four (4) variable frequency drives and load reactors for the Noland Wastewater Treatment Plant in the amount of$42,341.74 plus applicable taxes. 5. A resolution to award bid#14-61 to Rogers Iron And Metal for the removal and recycling of scrap metal items for an amount established in the seventh effective issue of the American Metal market automobile scrap index each month for the Arkansas/Tennessee market less Rogers Iron And Metal's operating costs in the amount of$96.00 per ton. 6. A resolution to approve a budget adjustment in the total amount of $44,018.00 recognizing federal and state law enforcement forfeiture revenue received through November 2014. 7. A resolution to approve a budget adjustment in the total amount of$7,900.00 recognizing donation revenue to the Fayetteville Police Department in support of officer service awards, general recognition and repair of the vandalized police memorial monument. 8. A resolution to approve amendment no. 2 to the Memorandum of Understanding with the Watershed Conservation Resource Center in an amount not to exceed $6,020.00 for enhancement of the existing floodplain of the Niokaska Creek in Sweetbriar Park, monitoring of bank erosion and repairs to rock structures constructed as part of the original stream restoration project. 9. A resolution to approve amendment no. 6 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of$7,902,543.00 for services in 2015. 10. A resolution to approve a budget adjustment in the amount of $500,000.00 for the development of a master transportation plan. 11. A resolution to approve the attached budget adjustment for both the 2014 and 2015 budgets to create the Hotel, Motel and Restaurant 2014 Bond Capital Improvement Fund in the amount of $7,181,004.00 for the Walton Arts Center expansion and enhancement project and $3,642.656.00 for Phase I of the Regional Park project. 12. An ordinance rezoning that property described in rezoning petition RZN 14-4850, for approximately 4.96 acres, located along the north side of Martin Luther King Boulevard between Government and Hill Avenues, from I-1, Heavy Commercial/Light Industrial, to c-2, Thoroughfare Commercial subject to to proffered Bill of Assurance. 13. A resolution to endorse the Northwest Arkansas Bicycle and Pedestrian Master Plan created by the Northwest Arkansas Regional Planning Commission and Alta Planning and Design. 14. An ordinance to waive the requirements of formal competitive bidding and approve a one year contract with Motorola Solutions, Inc. in the amount of $98,422.92 plus applicable taxes with automatic renewal for four additional years for maintenance of the city's Motorola simulcast radio system, contingent on approval of the 2015 annual city budget and work program. 15. An ordinance to amend §31.16 aldermen, compensation to provide that aldermen may participate in the City of Fayetteville employee health insurance plan as a defined class during their elected terms of office. 2 16. An ordinance to amend the Fayetteville Code by enacting Chapter 120 Real Estate Sale and Leasing Regulations for the purpose of educating buyers and tenants about City Of Fayetteville occupancy limits. 17. A resolution for a general statement on taxpayer empowerment and the provision of core city services providing that the City of Fayetteville will continue all services currently provided or performed by public employees rather than outsourcing those core public services; and to outline contract terms to be utilized when outsourcing any other services requiring unique professional expertise not available from city employees. 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD-479-521-1316 e 0\_ 0 e�. Y u Meeting Agenda - Final Tuesday, December 16, 2014 5:30 PM City Hall--Room 219 City Council 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 Rhonda Adams Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Agenda- Final December 16, 2014 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions 1. 2014-0536 Alderman Rhonda Adams Recognition City Council Meeting Presentations, Reports and Discussion Items: 1. 2014-0562 Mayor confirmation of the Public Facilities Board Appointment Attachments: Public Facilities Board Appointment 2. 2014-0563 Mayor confirmation of the Northwest Arkansas Regional Airport Authority Appointments Attachments: NWA Regional Airport Board Appointment 3. 2014-0537 Nominating Committee Report 4. 2014-0570 Town Center Annual Report Agenda Additions: A. Consent: A. 1 2014-0316 Approval of the December 2, 2014 City Council Meeting Minutes A. 2 2014-0480 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR HOUSING CONTRACT SERVICES IN THE AMOUNT OF $11,364.00 REPRESENTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED THROUGH A HOUSING PROGRAM LIEN PAYOFF, AND TO APPROVE A BUDGET ADJUSTMENT FOR COMMUNITY OUTREACH PROJECTS IN THE AMOUNT OF $627.00 REPRESENTING DONATIONS TO RANGER'S PANTRY AND THE SENIOR GIVING TREE Attachments: SRF-SRM-Donations and P1- BA-Donations and PI City of Fayetteville,Arkansas Page 2 Printed on 1211112014 City Council Meeting Agenda- Final December 16, 2014 A. 3 2014-0540 A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH BENCHMARK CONSTRUCTION IN THE AMOUNT OF $6,703.00 FOR INSTALLATION OF A SIDEWALK AND AN AMERICANS WITH DISABILITIES ACT COMPLIANT RAMP FOR THE FIRE STATION NO. 1 DRIVEWAY REPLACEMENT PROJECT Attachments: SRF&SRM Change Order 2 at Station#1 A. 4 2014-0545 A RESOLUTION TO AWARD BID #14-45 AND AUTHORIZE A CONTRACT WITH JL BRYSON, INC. FOR THE INSTALLATION OF AN OZONE DISINFECTION SYSTEM AT THE NOLAND WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $867,010.00, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $86,701.00, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: Noland Ozone Construction Contract-JL Bryson, Inc Revised by Michelle BA Noland Ozone Disinfection Construction A. 5 2014-0551 A RESOLUTION TO AWARD BID #14-64 TO EVANS ENTERPRISES, INC. TO REBUILD FOUR (4) MOTORS AND TO PURCHASE FOUR (4)VARIABLE FREQUENCY DRIVES AND LOAD REACTORS FOR THE NOLAND WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $42,341.74 PLUS APPLICABLE TAXES Attachments: SRP Noland Basin Motor Rebuilds and VFDs Bid 14-64 A. 6 2014-0550 A RESOLUTION TO AWARD BID #14-61 TO ROGERS IRON AND METAL FOR THE REMOVAL AND RECYCLING OF SCRAP METAL ITEMS FOR AN AMOUNT ESTABLISHED IN THE SEVENTH EFFECTIVE ISSUE OF THE AMERICAN METAL MARKET AUTOMOBILE SCRAP INDEX EACH MONTH FOR THE ARKANSAS/TENNESSEE MARKET LESS ROGERS IRON AND METAL's OPERATING COSTS IN THE AMOUNT OF $96.00 PER TON Attachments: SRF Scrap Metal Bid RIMCO 11-24-14 A. 7 2014-0552 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $44,018.00 RECOGNIZING FEDERAL AND STATE LAW ENFORCEMENT FORFEITURE REVENUE RECEIVED THROUGH NOVEMBER 2014 Attachments: SRP-Forfeitures- Nov 2014 BA- Forfeitures- Nov 2014 City of Fayetteville,Arkansas Page 3 Printed on 1211112014 City Council Meeting Agenda- Final December 16, 2014 A. 8 2014-0548 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $7,900.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT IN SUPPORT OF OFFICER SERVICE AWARDS, GENERAL RECOGNITION AND REPAIR OF THE VANDALIZED POLICE MEMORIAL MONUMENT Attachments: SRP-Donations-Nov 2014 BA- Donations- Nov 2014 A. 9 2014-0559 A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN AN AMOUNT NOT TO EXCEED $6,020.00 FOR ENHANCEMENT OF THE EXISTING FLOODPLAIN OF THE NIOKASKA CREEK IN SWEETBRIAR PARK, MONITORING OF BANK EROSION AND REPAIRS TO ROCK STRUCTURES CONSTRUCTED AS PART OF THE ORIGINAL STREAM RESTORATION PROJECT Attachments: 2014-0559 WCRC Contract Amendment No 2 A. 10 2014-0546 A RESOLUTION TO APPROVE AMENDMENT NO. 6 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,902,543.00 FOR SERVICES IN 2015. Attachments: CH2M HILL Contract Amendment 6 A. 11 2014-0556 A RESOLUTION TO APPROVE A BUDGET ADJUSMENT IN THE AMOUNT OF $500,000.00 FOR THE DEVELOPMENT OF A MASTER TRANSPORTATION PLAN Attachments: 2014-0556 Budget Adlustment for Transportation Master Plan BA Transportation Master Plan A. 12 2014-0555 A RESOLUTION TO APPROVE THE ATTACHED BUDGET ADJUSTMENT FOR BOTH THE 2014 AND 2015 BUDGETS TO CREATE THE HOTEL, MOTEL AND RESTAURANT 2014 BOND CAPITAL IMPROVEMENT FUND IN THE AMOUNT OF $7,181,004.00 FOR THE WALTON ARTS CENTER EXPANSION AND ENHANCEMENT PROJECT AND $3,642.656.00 FOR PHASE I OF THE REGIONAL PARK PROJECT Attachments: SRF SRM HMR Bond Issue Revised BA- HMR 2014 Bond Proceeds.xlsm B. Unfinished Business: City of Fayetteville,Arkansas Page 4 Printed on 1211112014 City Council Meeting Agenda- Final December 16, 2014 B. 1 2014-0447 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4850, FOR APPROXIMATELY 4.96 ACRES, LOCATED ALONG THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN GOVERNMENT AND HILL AVENUES, FROM 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO C-2, THOROUGHFARE COMMERCIAL Attachments: Appeal Letter 14-4850 SRM 14-4850 ORD 14-4850 EX A 14-4850 EX B 14-4850 Photographs 14-4850 Staff Report 14-4850 Maps 14-4850 Additional Information Legislative History 12/2/14 City Council tabled This ordinance was left on the First Reading at the November 6, 2014 City Coucil meeting and tabled to the December 2, 2014 City Council meeting. This ordinance was left on the second reading at the December 2, 2014 City Council Meeting. C. New Business: C. 1 2014-0554 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4875, FOR APPROXIMATELY 20.54 ACRES, LOCATED AT THE WEST END OF TRUCKERS DRIVE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, PARK WEST 05-1796, TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE Attachments: 14-4875 CC PACKET C. 1 Additional Revised Exhibit A&B 14-4875 CC 14-4875 CC ORD C. 2 2014-0538 A RESOLUTION TO ENDORSE THE NORTHWEST ARKANSAS BICYCLE AND PEDESTRIAN MASTER PLAN CREATED BY THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION AND ALTA PLANNING AND DESIGN Attachments: 2014-0538 NWA Regional Bicycle& Pedestrian Master Plan- Endorsement Me 2014-0538 NWA Regional Bicycle & Pedestrain Master Plan- Document 2014-0538 NWA Regional Bicycle& Pedestrian Master Plan-Appendix City of Fayetteville,Arkansas Page 5 Printed on 1211112014 City Council Meeting Agenda- Final December 16, 2014 C. 3 2014-0523 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE YEAR CONTRACT WITH MOTOROLA SOLUTIONS, INC. IN THE AMOUNT OF $98,422.92 PLUS APPLICABLE TAXES WITH AUTOMATIC RENEWAL FOR FOUR ADDITIONAL YEARS FOR MAINTENANCE OF THE CITY'S MOTOROLA SIMULCAST RADIO SYSTEM, CONTINGENT ON APPROVAL OF THE 2015 ANNUAL CITY BUDGET AND WORK PROGRAM Attachments: Radio Maintenance Motorola Inc C. 4 2014-0553 AN ORDINANCE TO AMEND §31.16 ALDERMEN, COMPENSATION TO PROVIDE THAT ALDERMEN MAY PARTICIPATE IN THE CITY OF FAYETTEVILLE EMPLOYEE HEALTH INSURANCE PLAN AS A DEFINED CLASS DURING THEIR ELECTED TERMS OF OFFICE Attachments: Alderman Health Insurance 12-2014 C. 5 2014-0437 AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING § 71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES, MOTOR SCOOTERS AND MOPEDS Attachments: Agenda Packet 71.016 Insurance Requirements C. 6 2014-0438 AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 120 REAL ESTATE SALE AND LEASING REGULATIONS FOR THE PURPOSE OF EDUCATING BUYERS AND TENANTS ABOUT CITY OF FAYETTEVILLE OCCUPANCY LIMITS Attachments: Agenda Packet Ord Amend Chapter 120 C. 7 2014-0560 A RESOLUTION FOR A GENERAL STATEMENT ON TAXPAYER EMPOWERMENT AND THE PROVISION OF CORE CITY SERVICES PROVIDING THAT THE CITY OF FAYETTEVILLE WILL CONTINUE ALL SERVICES CURRENTLY PROVIDED OR PERFORMED BY PUBLIC EMPLOYEES RATHER THAN OUTSOURCING THOSE CORE PUBLIC SERVICES; AND TO OUTLINE CONTRACT TERMS TO BE UTILIZED WHEN OUTSOURCING ANY OTHER SERVICES REQUIRING UNIQUE PROFESSIONAL EXPERTISE NOT AVAILABLE FROM CITY EMPLOYEES Attachments: Agenda Packet TaxpaVer Empowerment D. City Council Agenda Session Presentations: 1. 2014-0539 Agenda Session Presentation - Spring Street Parking Deck Construction Update - Jermy Pate, Development Services Director City of Fayetteville,Arkansas Page 6 Printed on 1211112014 City Council Meeting Agenda-Final December 16,2014 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 7 Printed on 1211112014 City Council Meeting Agenda-Final December 16,2014 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 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City of Fayetteville,Arkansas Page 8 Printed on 1211112014 Revised Exhibit A 12/10/14 EXHIBIT "A" RZN 14-4875 RZN14-4875 LEGACY BANK Close Up View SALEM RD CS O Z O o SUBJECT PROPERTY O w w z w � RPZD R-A I-1 D: Z O Z� NPFtRIE/�OR �vQ- �Q TRUCKERS DR CPZD �0 2 O Legend --- Multi-Use Trail (Existing) C-Z Future Trails RZN 14-4875 i v_ervi',,,Fayetteville City Limits Footprints 2010 Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di 3trict 0 175 350 700 1,050 11400 ------ Planning Area Fe Revised Exhibit B 12/10/14 EXHIBITS' 14-4875 REZONING LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER (SE '/,,) OF THE SOUTHWEST QUARTER (SW '/4), IN SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE '/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 28 BEING A FOUND MAGNAIL IN ASPHALT ROADWAY; THENCE S02°34'52"W A DISTANCE OF 1954.44 FEET TO THE POINT OF BEGINNING; THENCE S87°26'22"E A DISTANCE OF 1315.59 FEET TO A POINT; THENCE S02032'22"W A DISTANCE OF 680.63 FEET TO A POINT; THENCE N87°21'49"W A DISTANCE OF 1316.08 FEET TO A POINT; THENCE NO2°34'52"E A DISTANCE OF 678.89 FEET TO THE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINING 20.54 ACRES (894,590 SQUARE FEET), MORE OR LESS. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 0 � 479-575-8323 TDD- 479-521-1316 Text File File Number: 2014-0437 Agenda Date: 12/16/2014 Version: 1 Status:Agenda Ready In Control: City Council File Type: Ordinance Agenda Number: C. 5 AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING§71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES,MOTOR SCOOTERS AND MOPEDS WHEREAS,the City of Fayetteville has seen a rapid increase in the number of gasoline powered motorized bicycles, as defined by Ark. Code Ann. § 27-20-101,which are also commonly known as motor scooters or mopeds,operating on the public streets of Fayetteville and, despite the increased risk of injury to their operators and others on or near the roads,there is no uniform requirement in the State of Arkansas regarding insurance for these vehicles; and WHEREAS,the City of Fayetteville seeks to be proactive in promoting the public health and welfare of all persons who operate motorized bicycles,which are becoming more prevalent in the City,and other vehicles which operate upon the City's public roadways; and WHEREAS,the City of Fayetteville also has a vested interest in protecting and promoting the public health and welfare of pedestrians, cyclists and all others in the general vicinity of the public streets on which motor scooters and mopeds are operating; and WHEREAS,this ordinance regulates only gasoline powered motor scooters and mopeds, and does not in any way regulate or restrict the operation of bicycles or other forms of transportation that are operated by manual,battery or electric power. NOW,THEREFORE,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 enacts § 71.016 Insurance Requirements for Motorized Bicycles,Motor Scooters and Mopeds as shown below: "§ 71.016 Insurance Requirements for Motorized Bicycles,Motor Scooters and Mopeds (A) Definition. A motorized bicycle means every bicycle with an automatic transmission and a gasoline powered motor which does not displace in excess of fifty cubic centimeters (50 cc) as defined by Arkansas Code Annotated § 27-20-101, et seq., which includes but is not limited to those vehicles commonly known as motor scooters and mopeds. (B) Required Insurance. Any person operating a motorized bicycle, motor scooter or moped upon Fayetteville streets or highways must have a valid and in force property liability insurance policy City of Fayetteville,Arkansas Page 1 Printed on 1211112014 File Number:2014-0437 insuring such operation in an amount of at least$25,000.00." City of Fayetteville,Arkansas Page 2 Printed on 1211112014 AGENDA REQUEST FORM FOR: COUNCIL MEETING OF December 16, 2014 FROM: CITY COUNCIL MEMBER Alan Long ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING § 71.016 INSURANCE REQUIREMENTS FOR MOTORIZED BICYCLES, MOTOR SCOOTERS AND MOPEDS APPROVED FOR NDA: 'CiZMenmber Alan Long Date Assistant City Attorney Blake Pennington Date (as to form)