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Home My WebLink About2011-02-03 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 03, 2011 A meeting of the Fayetteville City Council will be held on February 03, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 1. Meeting was rescheduled from February 01, 2011 to February 03, 2011 due to inclement weather Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the January 18, 2011 City Council meeting minutes. APPROVED 2. Community Development Block Grant (CDBG): A resolution authorizing the Mayor to execute the Community Development Block Grant (CDBG) agreement for 2011 when received in the estimated amount of$700,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 21-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the amount of$1,361.55 for donation revenue received from citizens for the Ranger's Pantry Pet Food Bank and in the amount of $500.00 for donation revenue from the Fraternal Order of Police for the Senior Giving Tree event. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 22-11 4. Joe Perme Construction Inc. Change Order: A resolution approving a change order to the contract with Joe Perme Construction Inc. in the amount of$2,700.00 for Community Development Block Grant rehabilitation at 1932 South Garland. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 23-11 5. Pinkley Sales Company and Smith Two-Way Radio, Inc. Donation Revenue: A resolution approving a budget adjustment in the amount of$300.00 representing donation revenue received for the Fire Department's annual employee service awards events. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 24-11 6. Civil Service Trials Legal Representation: A resolution to approve contracts with law firms selected by the Police and Fire Chiefs to represent them during any civil service trials in 2011 with options to renew. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 25-11 B. Unfinished Business: None C. New Business: 1. VAC 10-3707 (Kum & Go): An ordinance approving VAC 10-3707 submitted by CEI Engineering Associates, Inc. for property located at 2396 North College Avenue, to vacate an existing sewer easement on the property, as described herein. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5383 2. RZN 10-3724 (Boudreaux/Thiel, 120 & 124 Sycamore Street): An ordinance rezoning that property described in rezoning petition RZN 10-3724, for approximately 1.28 acres, located at 120 and 124 Sycamore Street from R-O, Residential Office, to C-S, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5384 3. Amend §71.170 Restriction of Type of Vehicles Allowed on City Trails: An ordinance to amend §71.170 Restriction of Type of Vehicles Allowed on City Trails of the Fayetteville Code to allow some pedicab use and use of gas powered vehicles on limited segments of trails when necessary. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5385 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Amend Title XV: ADM 09-3480 (Streamside Protection): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 155: Appeals, Chapter 156: Variances, and Chapter 168: Flood Damage Prevention Code in order to establish Streamside Protection Zones and adopt a Protected Streams map and Best Management Practices Manual. THIS ITEM WAS LEFT ON THE FIRST READING. 5. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. TABLED TO FEBRUARY 15, 2011 CITY COUNCIL MEETING. Announcements: Adjournment: 9:10 p.m. City Council Tour: January 31, 2011 — 4:30 p.m. — Mayors Office — Huntingdon Heights Appeal, 3172 Warwick Dr. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: February 3,2011 Adjourn: el"4 Subject: Roll Thiel Kinion Petty Se Tennant Ferrell Adams Lewis Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Thiel Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan City Council Meeting: February 3,2011 Subject: Consent Motion To: 4 p p rOV4-P Motion By: Seconded: Thiel Kinion Petty (Ase 4- Tennant ✓ Ferrell f ` Adams f Lewis I1 1A� �` nxtk Gray p' 5- 1 Mayor Jordan 170 Subject: Motion To: Motion By: Seconded: Thiel Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan City Council Meeting: February 3,2011 Subject: None Motion To: Motion By: Seconded: B. 1 Thiel Unfinished Kinion Business Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Thiel Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan City Council Meeting: February 3,2011 Subject: VAC 10-3707(Kum & Go) Motion To: rl t3rd JR.Lod Motion By: �^ Seconded: G ;S C. 1 Thiel ✓ W/ ✓ New Kinion ✓ '� „, t� Business Petty Tennant ,/ �/ ✓ Ferrell i0 ✓ Adams ,/ ✓ ✓ 'PUU-1 Lewis Gray ✓ Pf Mayor Jordan Subject: RZN 10-3724 (Boudreaux/Thiel, 120 & 124 Sycamore Street) Motion To: -f 0 And 3rd J. Rad Motion By: 4 Seconded: iS C. 2 Thiel ) New Kinion L/ Business Pettyserof �se)- Q.�SP�1f Tennant ✓ �/ ✓ ✓ Ferrell ,/ ✓ ✓ Adams t� ✓ �/ ✓ Lewis ✓ ✓ �/ ✓ Gray ✓ ✓ ✓� �� Mayor Jordan City Council Meeting: February 3,2011 Subject: Amend §71.170 Restriction of Type of Vehicles Allowed on City Trails Motion To: dA ,k ,y PW b Motion By: � t Seconded: C. 3 Thiel ✓ i/ New Kinion ✓ ✓ Business Petty '„e,�k A+ Tennant f L- Ferrell ✓ r l` ✓ j� Adams ,/ r✓ �/ Lewis ✓ ✓ ✓ 7 Gray Mayor Jordan Subject: Amend Title XV: ADM 09-3480 (Streamside Protection) Motion To: Motion By: Seconded: C. 4 Thiel New Kinion Business Petty Tennant 144- Ferrell OIN Adams Lewis � T' Gray A—ta 1 q I Mayor Jordan City Council Meeting: February 3,2011 Subject: Huntingdon Heights Appeal Motion To: ` t f Motion By: Seconded: C. 5 Thiel a/ New Kinion ✓� Business Petty Tennant ✓ Ferrell Adams ✓ Lewis l ail! Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Thiel Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan 0 evle Departmental CorrespondenceaYe LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams TO: Lioneld Jordan, Mayor City Attorney Jason B.Kelley THRU: Sondra Smith, City Clerk / Assistant City Attorney FROM: Kit Williams, City Attorney�,�,� (/ DATE: February 4, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of February 3, 2011 1. Community Development Block Grant: A resolution authorizing the Mayor to execute the CDBG agreement for 2011 when received in the estimated amount of $700,000.00. 2. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the amount of $1,361.55 for donation revenue received from citizens for the Ranger's Pantry Pet Food Bank and in the amount of $500.00 for donation revenue from the Fraternal Order of Police for the Senior Giving Tree event. 3. Joe Perme Construction Inc. Change Order: A resolution approving a change order to the contract with Joe Perme Construction Inc. in the amount of $2,700.00 for CDBG rehabilitation at 1932 S. Garland. 4. Pinkley Sales Company & Smith Two-Way Radio, Inc. Donation Revenue: A resolution approving a budget adjustment in the amount of$300.00 representing donation revenue received for the Fire Department's annual Employee Service Awards event. 5. Legal Representation for Civil Service Trial: A resolution to approve contracts with law firms selected by the Police and Fire Chiefs to represent them during any Civil Service trials in 2011 with options to renew. 6. Amend §71.170 Restriction of Type of Vehicles Allowed on City Trails: An ordinance to amend §71.170 Restriction of Type of Vehicles Allowed on City Trails of the Fayetteville Code to allow some pedicab use and use of gas powered vehicles on limited segments of trials when necessary. Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 01, 2011 A meeting of the Fayetteville City Council will be held on February 01, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the January 18, 2011 City Council meeting minutes. 2. Community Development Block Grant (CDBG): A resolution authorizing the Mayor to execute the Community Development Block Grant (CDBG) agreement for 2011 when received in the estimated amount of$700,000.00. 3. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the amount of$1,361.55 for donation revenue received from citizens for the Ranger's Pantry Pet Food Bank and in the amount of $500.00 for donation revenue from the Fraternal Order of Police for the Senior Giving Tree event. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Joe Perme Construction Inc. Change Order: A resolution approving a change order to the contract with Joe Perme Construction Inc. in the amount of$2,700.00 for Community Development Block Grant rehabilitation at 1932 South Garland. 5. Pinkley Sales Company and Smith Two-Way Radio, Inc. Donation Revenue: A resolution approving a budget adjustment in the amount of$300.00 representing donation revenue received for the Fire Department's annual employee service awards events. 6. Civil Service Trials Legal Representation: A resolution to approve contracts with law firms selected by the Police and Fire Chiefs to represent them during any civil service trials in 2011 with options to renew. B. Unfinished Business: None C. New Business: 1. VAC 10-3707 (Kum & Go): An ordinance approving VAC 10-3707 submitted by CEI Engineering Associates, Inc. for property located at 2396 North College Avenue, to vacate an existing sewer easement on the property, as described herein. 2. RZN 10-3724 (Boudreaux/Thiel, 120 & 124 Sycamore Street): An ordinance rezoning that property described in rezoning petition RZN 10-3724, for approximately 1.28 acres, located at 120 and 124 Sycamore Street from R-O, Residential Office, to C-S, Community Services. 3. Amend §71.170 Restriction of Type of Vehicles Allowed on City Trails: An ordinance to amend §71.170 Restriction of Type of Vehicles Allowed on City Trails of the Fayetteville Code to allow some pedicab use and use of gas powered vehicles on limited segments of trails when necessary. 4. Amend Title XV: ADM 09-3480 (Streamside Protection): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 155: Appeals, Chapter 156: Variances, and Chapter 168: Flood Damage Prevention Code in order to establish Streamside Protection Zones and adopt a Protected Streams map and Best Management Practices Manual. 5. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. Announcements: Adjournment: City Council Tour: January 31, 2011 — 4:30 p.m. — Mayors Office — Huntingdon Heights Appeal, 3172 Warwick Dr. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A.3 Ranger's Pantry Pet Food Bank Page 1 of 2 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,361.55 FOR DONATION REVENUE RECEIVED FROM CITIZENS FOR THE RANGER'S PANTRY PET FOOD BANK AND IN THE AMOUNT OF $500.00 FOR DONATION REVENUE FROM THE FRATERNAL ORDER OF POLICE FOR THE SENIOR GIVING TREE EVENT 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 a budget adjustment, a copy of which is attached as Exhibit "A", in the amount of$1,361.55 for donation revenue received for the Ranger's Pantry Food Bank from citizens and in the amount of $500.00 for donation revenue received for the Senior Giving Tree event from the Fraternal Order of Police. PASSED and APPROVED this 1St day of February, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer A.3 Ranger's Pantry Pet Food Bank Page 2 of 2 +k&&d chat at 06p da Na N3 c.3 A-o/-// trdv Amqides friction of Type of onCity Trails aye Ueve Pa Departmental Correspondence LEGAL • • DEPARTMENT Kit Williams Cily Attomey TO: Mayor Jordan Jason B.Kelley City Council Assistant City Attorney CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Matt Mihalevich, Trails Coordinator FROM: Kit Williams, City Attorney f )� DATE: January 25, 2011 RE: Obtaining easement rights on County Fair Ground property Matt has been working with the Washington County Fair Board to secure easement rights for a trail over their property. The Board indicated some concern with my first suggested language (which was supplied to you in the Tentative Agenda). Therefore, I have redrafted the proposed revision of Section 71.170 by changing A. (2). It now refers directly to the attached map and includes the additional wording: "or other special event" so that the Washington County Fair Board could authorize access for cars and trucks on this extra wide trail (built on its existing gravel road) for any other events. My purpose in drafting the initial language and now suggesting this change is to accommodate the Washington County Fair Board's needs for its existing usage of this gravel road while trying to restrict cars and trucks from our trail as much as possible. Hopefully, Matt will have heard from the Board about my new language by the Agenda Meeting. If the Board has agreed or if he has not yet heard its response, I will read the ordinance attached to this memo on the first reading at the City Council meeting without any need for you to amend what was sent to you with the Tentative Agenda Packet. Depending on the Board's response, we may need further amendments to secure the access rights for our trail on their property. C.3 Amend§71.170 Restriction of Type of Vehicles Allowed on City Trails Page 2 of 4 ORDINANCE NO. AN ORDINANCE TO AMEND §71.170 RESTRICTION OF TYPE OF VEHICLES ALLOWED ON CITY TRAILS OF THE FAYETTEVILLE CODE TO ALLOW SOME PEDICAB USE AND USE OF GAS POWERED VEHICLES ON LIMITED SEGMENTS OF TRAILS WHEN NECESSARY WHEREAS, pedicabs are about the size of golf carts, but have been allowed on city trails with certain restrictions by §117.102(D) of the Fayetteville Code and should therefore be referenced in this section; and WHEREAS, in order to secure the necessary right-of-way from the University of Arkansas and the Washington County Fair Board, a portion of the trail from the Porter Road underpass to connect with Scull Creek Trail must be placed upon an existing gravel road with County Fair traffic allowed to use the trail during the County Fair; and WHEREAS, a Clear Creek Trail connection from Highway 71 B to the Lake Fayetteville Trail would be much less expensive and much more feasible and practical if it utilized an existing driveway to a cabin with the cabin owner and invitees retaining the right to also utilize the trail up to the cabin. 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 hereby repeals §71.170(A) of the Fayetteville Code in its entirety and enacts a replacement §71.170(A) as follows: "71.170 Restriction Of Type Of Vehicles Allowed On City Trails A. No golf carts or comparable sized vehicles nor any gas powered vehicles (except city maintenance or emergency vehicles) shall be driven or operated on Scull Creek Trail, Mud Creek Trail, Lake Fayetteville Trail or any other city trail, except as follows. (1) Pedicabs may be operated on city trails pursuant to the authorization and restrictions of§1 17.102(D) of the Fayetteville Code. C.3 Amend§71.170 Restriction of Type of Vehicles Allowed on City Trails Page 3 of 4 (2) A segment of the proposed trail from the Porter Road underpass through University of Arkansas property and Washington County Fair property along an existing gravel road (as shown on the attached map) shall allow the use of gas powered vehicles during the annual Washington County Fair or other special event if authorized by the Washington County Fair Board or as authorized by the University of Arkansas. (3) A portion of the Clear Creek Trail from Highway 71 to an existing cabin shall allow gas powered vehicles for access to the cabin, but only with the permission of the owner of the cabin." PASSED and APPROVED this 2`1 day of February, 2011, APPROVED: ATTEST: By: BY: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer r 5 �y •. e F ] " • /, '�� lr "y �Y h d TYP T 1999 r r 1 { '' { •. "Y � ' F r' ' Existing Gravel Rood To • - ° x c + GS Be Paved As Trail And sir I Shared with Vehicles r fit.,. s v - t j�• _ ., Dunn S ectal Events Onl v ' .gib tt, 3'T c E � v+� +'6.. ^S •h Proposed Multi-we Trails -1. ✓' t:j4 Easement lrom the WCFA7 I 't �' e., nd F•� / :�ry `#"'x''� k� '� tl3R t AS 4 a s � I ,r' � . NfMdttiJ'pEditCa<miYFeNAn� `�'j � ' J s A,v, Existing Gravel • '�� I ' Be Paved As Trail And + - . Shared with Vehicles "F y Durin 5 ecial Events Onl - r,sM• s„� ,sr,-y'�: r 1 i Existing Ingress and Egress , t y, •ti. �� , Easement Doc 9201404 A } , .``.t- 0 ;r`�,. 5, j`. !,a' .c#? . ;'r 3 �•.. t .-':: • nor. x +� 5` k J i n i No Vehicles on Thi s Section I, tt q' t. U of A Farm Trail Ye 2W LEGEND nJ= Proposed Shared-Use 1' Engineering Division 12'WIDE TRAIL O Trail with Vehicles 1;`" m°nmai" EXISTING FENCE 0 1 50 .�i00 Fayetteville,AR 72901 499-5958206 City Council Meeting Minutes January 18,2011 Page 1 of 7 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew PettyWardClerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes January 18, 2011 A meeting of the Fayetteville City Council was held on January 18, 2011 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Thiel, Kinion, Petty, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: State of the City Address: Mayor Jordan gave the State of the City Address. A copy of the State of City Address is attached. Agenda Additions: None Consent: Approval of the January 4, 2011 City Council meeting minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes January 18,2011 Page 2 of 7 Bid #10-70 King Electrical Contractors, Inc.: A resolution awarding Bid #10-70 and authorizing a contract with King Electrical Contractors, Inc. in an amount not to exceed $83,299.00 for lighting upgrades to the Water and Sewer Building plus a 10% project contingency from energy efficiency and conservation block grant funds, and approving a budget adjustment. Resolution 14-11 as recorded in the office of the City Clerk. Williams Tractor of Fayetteville: A resolution authorizing purchase of a Case Maxxum 125 tractor with Case L750 loader from Williams Tractor of Fayetteville, pursuant to a competitive bid through the National Joint Powers Alliance (NJPA) cooperative purchasing agreement, in the amount of$72,475.00 for use in Wastewater Biosolids Solar Drying Operations, and approving a budget adjustment. Resolution 15-11 as recorded in the office of the City Clerk. Amend Resolution No. 223-10: A resolution amending Resolution No. 223-10 to authorize the additional payment of applicable sales taxes for the purchase of an H&S all-purpose spreader for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. Resolution 16-11 as recorded in the office of the City Clerk. Amend Resolution No. 224-10: A resolution amending Resolution No. 224-10 to authorize the additional payment of applicable sales taxes for the purchase of a walking floor trailer for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. Resolution 17-11 as recorded in the office of the City Clerk. Garland Avenue Widening and Improvement Project: A resolution to express the agreement of the City Council to accept the Arkansas Highway and Transportation Department's offer to transfer some of their money designated for the Highway 112 and 71B Interchange Project to complete the Garland Avenue Widening and Improvement Project if the City transfers its Garland Avenue commitment to the Highway 112 and 71B Interchange Project scheduled for 2013. Resolution 18-11 as recorded in the office of the City Clerk. Alderman Lewis moved to approve the Consent Agenda. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: None 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes January 18,2011 Page 3 of 7 New Business: Quarterly Recycling Reports: A resolution to recommend posting quarterly reports about recycling efforts and seeking new markets for additional recycled material. John Coleman, Sustainability Coordinator gave a brief description of the resolution. Alderman Ferrell: John would you accept an amendment to this. I would like to add a sentence to show a reconciliation of what it costs us and what the expense and revenue is that comes in, where we stand on a quarterly basis. John Coleman: I am not sure what the procedure is as far as the Environmental Action Committee(EAC) bringing the resolution forward. It is certainly not an issue with me to include something like that. David Jurgens, Utilities Director: It would be very simple for us to do that because we include that information in our budget reports anyway both revenue and budgeting. We can do that and include that in this report as well as in our normal quarterly report. Alderman Ferrell moved to amend the resolution to add language in the resolution to show a reconciliation of the recycling cost, expenses, revenues and cost savings. Alderman Gray seconded the motion. Alderman Lewis: Didn't we do a recycling study that has this information? David Jurgens: Yes Ma'am. A study was done by RW Beck a couple of years ago. That is posted on our website. Alderman Lewis: The resolution is requesting information about our solid waste not just recycling. The point of this was to show the pricing and where we are selling our products and to maintain Fayetteville's reputation with its buyers. The more we are transparent with the public about the fact that we really are recycling and these are the people buying our materials, we are boosting our reputation in that market. If we are going to post that I just want to make sure the whole story is there about the cost involved with landfilling. City Attorney Kit Williams: I think we should include one other thing besides the costs, expenses and revenues. We should probably put cost savings also that would show that we are not having a landfill bury it. David Jurgens: I would suggest that we take the amount of tonnage we did not haul to the landfill. That is an easily defined savings. There are three components of recycling finances, what we spend to do the recycling program, the revenue received from fees and the sale of product, and the savings that we generate by not hauling to a landfill. We have all three of those components identified in the report. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes January 18,2011 Page 4 of 7 Alderman Lewis: Part of this is really communicating this need for the closed loop and encouraging people that when you are shopping to select materials that are made of recycled materials. That is supporting that market. Alderman Ferrell: I think we are on the same page. We should amplify the job that is being sold. In the spirit of transparency I also think that you should be able to look at these three things and discern what it's costing us to provide it, what we are spending and where we are headed. I agree with you. Louise Mann, a citizen pointed out the benefits of the resolution and spoke in favor of it. Upon roll call the motion passed unanimously. Alderman Lewis thanked the EAC, Louise Mann and John Coleman for all their hard work. Alderman Thiel commended Louise for her recycling work for years and finally getting to do something this exciting in Fayetteville. Louise Mann: Thank you. I would say we need an adult education program so that more citizens understand all the implications. If we were doing adult education we could get that participation rate way up from 23%. Alderman Lewis moved to approve the resolution. Alderman Thiel seconded the motion. Upon roll call the resolution passed unanimously Resolution 19-11 as recorded in the office of the City Clerk Unmarked Unit Program Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of used vehicles for the Police Department unmarked unit program in an amount not to exceed $25,000.00 per vehicle, and allowing existing unmarked units to be sold for trade-in value toward replacements. City Attorney Kit Williams read the ordinance. Police Chief Greg Tabor gave a brief description of the ordinance. We asked for this bid waiver because when you identify a used vehicle at a car lot it is hard to ask the dealer to hang onto it for however long it might take to bring it before Council. Secondly some of them are used as under cover vehicles and we do not want to put on paper what we are using for undercover vehicles. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Lewis seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes January 18,2011 Page 5 of 7 Alderman Ferrell moved to suspend the rules and go to the third reading. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5387 as Recorded in the office of the City Clerk Buford Goff and Associates: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Buford Goff and Associates in the total amount of $219,705.00 for consulting services related to the City's Motorola radio project. City Attorney Kit Williams read the ordinance. Police Chief Greg Tabor gave a brief description of the ordinance. He explained why Buford Goff and Associates was selected. He stated they felt they had the expertise and all the background knowledge to make this project work. Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Petty seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Thiel moved to suspend the rules and go to the third reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell: Chief, do you have any idea what they are looking at as far as a completion date on this radio system? Police Chief Greg Tabor: One year from now we hope. Alderman Lewis: This will only be a one year contract with them? Police Chief Greg Tabor: This is just for the duration of the project. Alderman Lewis: It seems like a very technologically oriented service. I just find it hard to believe that there aren't a lot of people that provide that service. Why is there only one other competitor? Police Chief Greg Tabor: I do not know how many other competitors there are. We could only identify one other city in Arkansas that had done a project like this and used someone other than 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes January 18,2011 Page 6 of 7 Buford Goff and it didn't turn out very well for them. The State ended up bringing them in to complete that project. We felt they had the expertise that we needed. Alderman Lewis: So you felt like there was enough comparison. Police Chief Greg Tabor: We spoke to the cities project management team about the cost and we looked at the total cost of the project and the percentage that this was and they felt like it was right in line with what it should be. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5382 as Recorded in the office of the City Clerk Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services interlocal agreement with Washington County, Arkansas, setting fees at$55.00 per booked prisoner for calendar year 2011. Police Chief Greg Tabor: This is an amendment to the jail contract for 2011. This changes the booking fee $50.00 per booking to $55.00. The contract says a maximum increase of 10% per year and this is the 10% increase. Alderman Ferrell: Does anyone have any indication of whether they plan to raise it again next year? Police Chief Greg Tabor: There was a lot of discussion back in November about the amount per booking per day and what other cities pay. I would be very surprised if this does not come up again in the fall of 2011. We do believe there are some alternatives out there should it go to a per day fee as opposed to a per booking fee. Alderman Ferrell: I am very happy to hear that. Alderman Lewis: As a part of this agreement do they look at space and availability each year? Police Chief Greg Tabor: I don't know how they do it. I think they look at their actual costs to house a prisoner per day. Don Marr: In the County's discussion of the jail it has about a $400,000 subsidy from their general fund so I think they are focused on looking at it to not be such a drain from their general fund. It's a discussion that we are watching closely. One of the primary issues is the rate the State currently pays. You are going to have two county discussions next year at budget time. One related to the road and millage split allocation and the other related to the jail service fees. We are planning for it. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes January 18,2011 Page 7 of 7 Alderman Ferrell: As this goes along could we have a discussion item at an Agenda Session sometime if some facts come through ahead of budgeting? Don Marr: We will work to try to arrange such an opportunity. Alderman Thiel moved to approve the resolution. Alderman Lewis seconded the motion. Upon roll call the resolution passed unanimously. Resolution 20-11 as recorded in the office of the City Clerk Meeting adjourned at 7:10 p.m. Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Tentative Agenda City of Fayetteville Arkansas City Council Meeting February 01, 2011 A meeting of the Fayetteville City Council will be held on February 01, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance City Council Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the January 18, 2011 City Council meeting minutes. 2. Community Development Block Grant (CDBG): A resolution authorizing the Mayor to execute the Community Development Block Grant (CDBG) agreement for 2011 when received in the estimated amount of$700,000.00. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the total amount of$1,861.55 representing donation revenue received for the Ranger's Pantry Pet Food Bank. 4. Joe Perme Construction Inc. Change Order: A resolution approving a change order to the contract with Joe Perme Construction Inc. in the amount of$2,700.00 for Community Development Block Grant rehabilitation at 1932 South Garland. 5. Pinkley Sales Company and Smith Two-Way Radio, Inc. Donation Revenue: A resolution approving a budget adjustment in the amount of$300.00 representing donation revenue received for the Fire Department's annual employee service awards events. 6. Civil Service Trials Legal Representation: A resolution to approve contracts with law firms selected by the Police and Fire Chiefs to represent them during any civil service trials in 2011 with options to renew. B. Unfinished Business: None C. New Business: 1. VAC 10-3707 (Kum & Go): An ordinance approving VAC 10-3707 submitted by CEI Engineering Associates, Inc. for property located at 2396 North College Avenue, to vacate an existing sewer easement on the property, as described herein. 2. RZN 10-3724 (Boudreaux/Thiel, 120 & 124 Sycamore Street): An ordinance rezoning that property described in rezoning petition RZN 10-3724, for approximately 1.28 acres, located at 120 and 124 Sycamore Street from R-O, Residential Office, to C-S, Community Services. 3. Amend §71.170 Restriction of Type of Vehicles Allowed on City Trails: An ordinance to amend §71.170 Restriction of Type of Vehicles Allowed on City Trails of the Fayetteville Code to allow some pedicab use and use of gas powered vehicles on limited segments of trails when necessary. 4. Amend Title XV: ADM 09-3480 (Streamside Protection): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 155: Appeals, Chapter 156: Variances, and Chapter 168: Flood Damage Prevention Code in order to establish Streamside Protection Zones and adopt a Protected Streams map and Best Management Practices Manual. 5. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316