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HomeMy WebLinkAbout2009-10-06 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville, Arkansas City Council Meeting October 6, 2009 A meeting of the Fayetteville City Council will be held on October 6, 2009 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: 1. Methamphetamine Awareness Month Proclamation Presentations, Reports and Discussion Items: 1. Newspaper Publishing Discussion: Resolution 77-09 was passed on April 7, 2009 to be revisited in 6 months. A. Consent: 1. Approval of the September 1, 2009 and September 15, 2009 City Council meeting minutes. APPROVED 2. Bid # 09-54 Frost Oil Company: A resolution awarding Bid # 09-54 and approving a contract with Frost Oil Company in the estimated annual amount of$58,363.06 to supply engine oil and lubricants to the Fleet Operations Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 204-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 3. Bid # 09-55 Electronic Video Systems: A resolution awarding Bid # 09-55 and approving the purchase of a video production system and related equipment from Electronic Video Systems in the amount of $23,183.00 for use in the City Council Chamber. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-09 4. Bid # 09-57 Danny Robinson Construction, LLC: A resolution awarding Bid # 09-57 and approving a contract with Danny Robinson Construction, LLC in the amount of $91,044.00 for the complete installation of two (2) trail bridges for the third phase of Lake Fayetteville Trail; and approving a 15% project contingency in the amount of $13,656.60. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-09 5. Bid # 09-58 Chevy of Fayetteville: A resolution rescinding resolution # 117-09, awarding Bid # 09-58 and approving the purchase of one (1) compact 4 x 4 pickup truck from Chevy of Fayetteville in the amount of $19,800.00 for use by the Fayetteville Executive Airport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-09 6. Bid # 09-59 Chevy of Fayetteville: A resolution rescinding resolutions # 118-09 and # 122-09 and awarding Bid # 09-59, approving the purchase of two (2) 2 x 4 pickup trucks from Chevy of Fayetteville in the amount of$33,994.00 for use by the Inspections and Meter Operations Divisions. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-09 7. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to accept a State and Tribal Assistance Grant (STAG) in the amount of $291,000.00 from the U.S. Environmental Protection Agency for sanitary sewer system improvements; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-09 8. Insituform Technologies, Inc.: A resolution approving a task order to the contract with Insituform Technologies, Inc. in the amount of $300,000.00 for cured in-place sanitary sewer main line linings; and approving a contingency in the amount of$30,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-09 9. Runway 16 Safety Area Improvement Project: A resolution approving offer and acceptance contracts between the City of Fayetteville and the Standard Register Company and Coulson Properties Limited Partnership for the purchase of land needed for the Runway 16 Safety Area Improvement Project; and authorizing the Mayor and City Clerk to execute said agreements. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 10. 2009-2010 Selective Enforcement Program Grant: A resolution accepting the 2009- 2010 Selective Traffic Enforcement Program (STEP) grant in the amount of$108,000.00 for the purpose of paying overtime to officers engaged in the enforcement of DWI/DUI and seatbelt laws and other purposes; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 212-09 11. Amend Police Department's Policies, Procedures & Rules Manual: A resolution approving and adopting amendments to the Fayetteville Police Department's Policies, Procedures & Rules Manual. REMOVED FROM CONSENT AGENDA AND TABLED TO OCTOBER 20, 2009 CITY COUNCIL MEETING Agenda Additions: B. Unfinished Business: 1. Rock Quarries Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating rock quarrying facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This ordinance was left on the Second Reading at the September 15, 2009 City Council meeting. THIS ORDINACE WAS LEFT ON THE SECOND READING. 2. Red Dirt Mining Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating red dirt mining facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This ordinance was left on the Second Reading at the September 15, 2009 City Council meeting. THIS ORDINACE WAS LEFT ON THE SECOND READING. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 C. New Business: 1. 2009 Sales and Use Tax Bond Ordinance: An ordinance authorizing the issuance and sale of the City's Sales and Use Tax Capital Improvement Bonds, Series 2009, for the purpose of financing a portion of the costs of certain street and trail system improvements; authorizing the execution and delivery of a second supplemental trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5277 2. 2009 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2009 fixing the rate thereof at 1.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. THIS ORDINACE WAS LEFT ON THE SECOND READING. 3. Amend Chapter 50: An ordinance waiving the automatic annual price increase for residential trash service for Fiscal Year 2010; and amending a portion of Chapter 50: Garbage and Trash of the Fayetteville Code of Ordinances. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5278 4. Old Wire Annexation Appeal: An ordinance annexing that property described in annexation petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old Wire Road, the northwest comer of Old Wire Road and Rom Orchard Road, containing approximately 39 acres. THIS ORDINACE WAS LEFT ON THE FIRST READING. 5. Amend Chapter 166 ADM 09-3435 (1121 N. Mission Boulevard ROW Variance): A resolution approving a variance of §166.18 Master Street Plan setbacks of the Unified Development Code to allow the existing structure located at 1121 N. Mission Boulevard to remain within the Master Street Plan right-of-way setback and to be improved greater than the 10% replacement cost allowed by code. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 213-09 Announcements: 1. City Council Tour: October 5, 2009 - Arkansas Research and Technology Park Adjournment: 7:10 p.m. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 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 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 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting: October 6, 2009 Adjourn: 71 f /U/I Subject: Roll Thiel Cook Petty ov cm, Rhoads 11 o(t d S Ferrell Lucas Lewis Gray Mayor Jordan Newspaper Publishing Discussion Motion To: Motion By: LOMAt,,J ........ r_,1 Seconded: Thiel Cook Petty Rhoads Liz) Ferrell '<<�J' Lucas Lewis Gray IMayor Jordan City Council Meeting: October 6, 2009 Subject: 67 Motion To: �r,WS) Motion By: Seconded: It Thiel Cook Petty Rhoads r.-4 Ferrell Lucas Lewis Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Thiel Cook Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan City Council Meeting: October 6, 2009 Subject: Consent Motion To: Motion By: Seconded: Thiel ✓ Cook ✓ Petty Rhoads Se` t-dkVZ A D Ferrell Lucas Lewis ✓" U Gray / Ia_O(� Mayor Jordan i wP ,r c Subject: 6. Motion To: Motion By: Pitt, Seconded: j� Thiel � , Cook �t wv Petty ✓ .:feel.t. Rhoads x'`" Ferrell Lucas Lewis Gray U Mayor Jordan City Council Meeting: October 6, 2009 Subject: Rock Quarries Facilities Motion To: Motion By: Seconded: B. 1 Thiel Unfinished Cook Business Petty Rhoads Ferrell Lucas —Lewis Gray Mayor Jordan Subject: Red Dirt Mining Facilities A . ......... Motion To: Motion By: SCA r Seconded: B. 2 Thiel Unfinished Cook Business Petty Rhoads Ferrell Lucas 6e,( Lewis 4() oj(r-/ , Gray Mayor Jordan City Council Meeting: October 6, 2009 Subject: 2009 Sales and Use Tax Bond Ordinance Motion To: Motion By: f) , Seconded: co OL CA Thiel v' ✓ ,r New Cook Business Petty Rhoads Ferrell Lucas ✓ ✓ Lewis mss' ✓ ✓ Gray Mayor Jordan X° Subject: 2009 Millage Levy Motion To: , «e� ��'4 Motion By: AA Seconded: ' C 2 Thiel ✓ New Cook Business Petty ✓ Rhoads r� Ferrell �r Aj Lucas ✓ zA t Lewis Gray Mayor Jordan � �J City Council Meeting: October 6, 2009 Subject: Amend Chapter 50 Motion To: �1 j Motion By: Seconded: C. 3 Thiel ✓ e� , e,d New Cook Business Petty Rhoads Ferrell Lucas .i ,�/ ✓ Lewis Gray Mayor Jordan Subject: Old Wire Annexation Appeal Motion To: Motion By: Seconded: C. 4 Thiel New Cook Business Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan City Council Meeting: October 6, 2009 Subject: Amend Chapter 166 ADM 09-3435 (1121 N. Mission Boulevard ROW Variance) Motion To: Motion By: Seconded: C. 5 Thiel iF New Cook Business Petty d/ Rhoads PFerrell Lucas Lewis / Gray .� / Mayor Jordan vl Subject: Motion To: Motion By: Seconded: Thiel Cook Petty Rhoads Ferrell Lucas Lewis Gray Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY fil DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LP:GAL DEPARTMENP TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney 4k � d DATE: October 7, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of October 6, 2009 1. Bid #09-54 Frost Oil Company: A resolution awarding Bid #09-54 and approving a contract with Frost Oil Company in the estimated annual amount of $58,363.06 to supply engine oil and lubricants to the Fleet Operations Division; 2. Bid #09-55 Electronic Video Systems: A resolution awarding Bid #09-55 and approving the purchase of a video production system and related equipment from Electronic Video Systems in the amount of $23,183.00 for use in the City Council Chamber; 3. Bid #09-57 Danny Robinson Construction, LLC: A resolution awarding Bid #09-57 and approving a contract with Danny Robinson Construction, LLC in the amount of $91,044.00 for the complete installation of two (2) trail bridges for the Third Phase of Lake Fayetteville Trail; and approving a 15% project contingency in the amount of$13,656.60; 4. Bid #09-58 Chevy of Fayetteville: A resolution rescinding Resolution No. 117-09, awarding Bid #09-58 and approving the purchase of one compact 4x4 pickup truck from Chevy of Fayetteville in the amount of $19,800.00 for use by the Fayetteville Executive Airport; 5. Bid #09-59 Chevy of Fayetteville: A resolution rescinding Resolutions No. 118-09 and No. 1122-09 and awarding Bid #09-59, approving the purchase of two 2x4 pickup trucks from Chevy of Fayetteville in the amount of $33,994.00 for use by the Inspections and Meter Operations Divisions; 6. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to accept a State and Tribal Assistance Grant (STAG) in the amount of $291,000.00 from the U.S. Environmental Protection Agency for Sanitary Sewer System Improvements; and approving a budget adjustment recognizing the grant revenue; 7. Insituform Technologies, Inc.: A resolution approving a Task Order to the contract with Insituform Technologies, Inc. in the amount of$300,000.00 for cured in-place sanitary sewer main line linings; and approving a contingency in the amount of$30,000.00 S. Runway 16 Safety Area Improvement Project: A resolution approving Offer and Acceptance Contracts between the City of Fayetteville and the Standard Register Company and Coulson Properties Limited Partnership for the purchase of land needed for the Runway 16 Safety Area Improvement Project; and authorizing the Mayor and City Clerk to execute said agreements; 9. 2009-2010 Selective Enforcement Program Grant: A resolution accepting the 2009-2010 Selective Traffic Enforcement Program (STEP) Grant in the amount of $108,000.00 for the purpose of paying overtime to officers engaged in the enforcement of DWI/DUI and seatbelt laws and other purposes; and approving a budget adjustment recognizing the grant revenue; 10. 2009 Sales and Use Tax Bond Ordinance: An ordinance authorizing the issuance and sale of the City's Sales and Use Tax Capital Improvement Bonds, Series 2009, for the purpose of financing a portion of the costs of certain street and trail system improvements; authorizing the execution and delivery of a Second Supplemental Trust Indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an Official Statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a Bond Purchase Agreement providing for the sale of the bonds; authorizing the execution and delivery of a Continuing Disclosure Agreement; and prescribing other matters relating thereto; 11. Amend Chapter 50: An ordinance waiving the Automatic Annual Price Increase for Residential Trash Service for Fiscal Year 2010; and amending a portion of Chapter 50: Garbage and Trash of the Fayetteville Code of Ordinances. 2 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville, Arkansas City Council Meeting October 6, 2009 A meeting of the Fayetteville City Council will be held on October 6, 2009 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: 1. Methamphetamine Awareness Month Proclamation Presentations, Reports and Discussion Items: 1. Newspaper Publishing Discussion: Resolution 77-09 was passed on April 7, 2009 to be revisited in 6 months. A. Consent: 1. Approval of the September 1, 2009 and September 15, 2009 City Council meeting minutes. 2. Bid # 09-54 Frost Oil Company: A resolution awarding Bid # 09-54 and approving a contract with Frost Oil Company in the estimated annual amount of$58,363.06 to supply engine oil and lubricants to the Fleet Operations Division. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 3. Bid # 09-55 Electronic Video Systems: A resolution awarding Bid # 09-55 and approving the purchase of a video production system and related equipment from Electronic Video Systems in the amount of $23,183.00 for use in the City Council Chamber. 4. Bid # 09-57 Danny Robinson Construction, LLC: A resolution awarding Bid # 09-57 and approving a contract with Danny Robinson Construction, LLC in the amount of $91,044.00 for the complete installation of two (2) trail bridges for the third phase of Lake Fayetteville Trail; and approving a 15% project contingency in the amount of $13,656.60. 5. Bid # 09-58 Chevy of Fayetteville: A resolution rescinding resolution # 117-09, awarding Bid # 09-58 and approving the purchase of one (1) compact 4 x 4 pickup truck from Chevy of Fayetteville in the amount of $19,800.00 for use by the Fayetteville Executive Airport. 6. Bid # 09-59 Chevy of Fayetteville: A resolution rescinding resolutions # 118-09 and # 122-09 and awarding Bid # 09-59, approving the purchase of two (2) 2 x 4 pickup trucks from Chevy of Fayetteville in the amount of$33,994.00 for use by the Inspections and Meter Operations Divisions. 7. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to accept a State and Tribal Assistance Grant (STAG) in the amount of $291,000.00 from the U.S. Environmental Protection Agency for sanitary sewer system improvements; and approving a budget adjustment recognizing the grant revenue. 8. Insituform Technologies, Inc.: A resolution approving a task order to the contract with Insituform Technologies, Inc. in the amount of $300,000.00 for cured in-place sanitary sewer main line linings; and approving a contingency in the amount of$30,000.00. 9. Runway 16 Safety Area Improvement Project: A resolution approving offer and acceptance contracts between the City of Fayetteville and the Standard Register Company and Coulson Properties Limited Partnership for the purchase of land needed for the Runway 16 Safety Area Improvement Project; and authorizing the Mayor and City Clerk to execute said agreements. 10. 2009-2010 Selective Enforcement Program Grant: A resolution accepting the 2009- 2010 Selective Traffic Enforcement Program (STEP) grant in the amount of$108,000.00 for the purpose of paying overtime to officers engaged in the enforcement of DWI/DUI and seatbelt laws and other purposes; and approving a budget adjustment recognizing the grant revenue. 11. Amend Police Department's Policies, Procedures & Rules Manual: A resolution approving and adopting amendments to the Fayetteville Police Department's Policies, Procedures & Rules Manual. Agenda Additions: B. Unfinished Business: 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 1. Rock Quarries Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating rock quarrying facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This ordinance was left on the Second Reading at the September 15, 2009 City Council meeting. This Ordinance was left on the Second Reading 2. Red Dirt Mining Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating red dirt mining facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This ordinance was left on the Second Reading at the September 15, 2009 City Council meeting. This Ordinance was left on the Second Reading C. New Business: 1. 2009 Sales and Use Tax Bond Ordinance: An ordinance authorizing the issuance and sale of the City's Sales and Use Tax Capital Improvement Bonds, Series 2009, for the purpose of financing a portion of the costs of certain street and trail system improvements; authorizing the execution and delivery of a second supplemental trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. 2. 2009 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2009 fixing the rate thereof at 1.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. 3. Amend Chapter 50: An ordinance waiving the automatic annual price increase for residential trash service for Fiscal Year 2010; and amending a portion of Chapter 50: Garbage and Trash of the Fayetteville Code of Ordinances. 4. Old Wire Annexation Appeal: An ordinance annexing that property described in annexation petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old Wire Road, the northwest comer of Old Wire Road and Rom Orchard Road, containing approximately 39 acres. 5. Amend Chapter 166 ADM 09-3435 (1121 N. Mission Boulevard ROW Variance): A resolution approving a variance of §166.18 Master Street Plan setbacks of the Unified Development Code to allow the existing structure located at 1121 N. Mission Boulevard to remain within the Master Street Plan right-of-way setback and to be improved greater than the 10% replacement cost allowed by code. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 Announcements: 1. City Council Tour: October 5, 2009 - Arkansas Research and Technology Park Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 A.4 City of Fayetteville Staff Review Form Bid#09-57 Danny Robinson Construction,LLC Page 1 of 2 City Council Agenda Items and Contracts,Leases or Agreements 10/6/2009 City Council Meeting Date Agenda Items Only Matt Mihalevich Engineering Development Services Submitted By Division Department Action Required: Staff requests approval of a resolution awarding Bid#109-57 and approving a contract with Danny Robinson Construction,LLC.in the amount of$91,044.00 for the complete installation of the 2 trail bridges for the third phase of Lake Fayetteville Trail;and approving a 15%project contingency in the amount of$13,656.60. $ ! ! 4�{6,((�3 , is 1,434,381.00 Trail Development Is 3 'Sy.oafil1494)G $ 129,285.00 Transportat on Bond Trail Improvements Cost of this request Category/Project Budget Program Category!Project Name 4470-9470-5814.05 $ 700,717.62 Transportation Improvements 4520.9520.5814.05 $ 60,035.11 Trail Improvements Account Number Funds Used to Date Program/Project Category Name 02016/4 $ 733,663.38 sales Tax Capital Improvements 0603611 $ 69,249.89 Sales Tax 2006A Construction Fund Project Number Remaining Balance Fund Name 13udgeteditem 0 Budget Adjustment Attached 01 Previous Ordinance or Resolution# Dep r ment ector Date Original Contract Date: Q�7��j � 9 Original Contrail Number: City Attomel Date - Fi n e and Internal ervices irector ` *at Received in City Clerk's Office Chi of St Date Received in Mayor's Office aY D e Comments: Revised January 15,2009 - A.4 Bid#09-57 Dan iy Robinson Conslruc on,LLC x Page 2 of 2 x m 0 2 Q d x d LL m m a, >_ m 21 L m U W O m Q O O O N U d d iz '�� O O O 6a O m m O x Q Q C W O N q q q x O Z Z . O Q < O O O C C d ry O O m _N xl I Cm y A {p D) X m i F i o w a` OO o p o n a e n E m m O E O O N N L W pp Z O O N N N c N d J W U 0 O O � U N O U 0 O D U a o p LL N u N O O O O O c U o O W N n U m w m w G j c w v `a m N o m m d o o c c R c cm E w m N n LLp U O C H q m o J � m � Y O y O o o J J C6 _ « C y m D E z `m - v c c m m > C7 m m O u o •m m` m` y m t c c O �- o r o � r. m m m '� a v O N i > B R U m m O1 - m e m e v h co N O Y. IL N O C m C � tOp *' o " m O > Q ORDINANCE AS AMENDED BY THE Rock Quarries Facilities CITY COUNCIL ON SEPTEMBER 15,2009 Page 1 of 6 ORDINANCE NO. AN ORDINANCE TO PREVENT INJURY OR ANNOYANCE WITHIN THE CORPORATE LIMITS OF FAYETTEVILLE BY REGULATING ROCK QUARRYING FACILITIES SO THAT THESE FACILITIES WILL NOT BE NUISANCES WHEREAS, the City Council of the City of Fayetteville, Arkansas recognizes the need for rock quarries to supply necessary road building material within and near the corporate limits of Fayetteville; and WHEREAS, the Fayetteville City Council has listened to experts and citizens and determined that rock blasting could cause damaging or nuisance effects upon nearby structures (especially homes); and WHEREAS, the Fayetteville City Council has also learned and determined that an operating rock quarry can cause vibrations, dust, ground upheaval, loud noises, fumes and other deleterious effects within a mile from the quarry; and WHEREAS, the Fayetteville City Council has also heard from citizens living near an existing and operating rock quarry and determined that unregulated rock blasting, rock crushing and other rock quarry activities are offensive and potentially unhealthy and dangerous to Fayetteville citizens and damaging to their property and city streets; and WHEREAS, unless the frequency of rock blasting, its distance from houses and the hours and days of rock quarry operation near residences is regulated and controlled to prevent noise, dust and fumes (in excess of ADEQ permitted limits) from escaping the quarry, such a rock quarry would constitute a nuisance to Fayetteville residents and citizens and should be abated. 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 enacts Chapter 113 Rock Quarries and Red Dirt Mining Facilities of the Code of Fayetteville, Article I Rock Quarry Operating License as shown below: B. 1 ORDINANCE AS AMENDED BY THE Rock Quarries Facilities CITY COUNCIL ON SEPTEMBER 15,2009 Page 2 of s " ARTICLE I. Rock Quarry Operating License "§113.01. Finding of Nuisance and Need for Abatement. The City Council of the City of Fayetteville, Arkansas determines and finds that the operation of a rock quant' is a nuisance to the citizens and City of Fayetteville, Arkansas if operated or used other than as prescribed in §113.02 and, therefore, should be abated by the reasonable regulations required by this ordinance. "§113.02. Abatement of Nuisance. (A) Rock Blasting/Use of Explosives. (1) No rock blasting shall be allowed within 60 yards of any house within the city limits of Fayetteville. (2) No rock blasting explosive charge or location shall exceed the most restrictive limitations within federal, state and Washington County regulations or laws. (3) All rock blasting within the permitted quarry shall only be allowed one day per month between the hours of 10:00 a.m. and 3:00 p.m. during a single weekday (non-holiday) pursuant to the Rock Quarry Operating License. (B) Operation of Rock Quarry. (1) All rock quarries within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate during the period of 8:30 a.m. until 3:00 p.m. Monday through Friday from August 20th through June 5th and during the period of 8:00 a.m. until 5:30 p.m. Monday through Friday from June 6th through August 19th. No rock quant' shall be allowed to operate on a federally recognized holiday. (2) All rock quarries within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall be prohibited from any operations until the owner/operator of such quarry has obtained a valid, annual Rock Quarry Operating License. This license to operate shall be issued by the Fayetteville Planning Department on a fiscal year (July 1 through June 30) schedule with no fee assessed. (C) Dust, Mud and Rock Control Measures. All rock quarries within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate with the following safeguards and measures to ensure that dust, dirt, mud, loose rock and gravel, and all other possible irritants or nuisance substances do not adversely affect Fayetteville residents. It is the express continuing duty of the licensed rock quarry operator to ensure all of these safeguards, requirements and measures are constantly enforced. B. 1 ORDINANCE AS AMENDED BY THE Rock Quarries Facilities CITY COUNCIL ON SEPTEMBER 15,2009 Page 3 of 6 (1) Dust control measures. Water or other substances or measures must be fully effective during the operation of the rock quarry to ensure the quarry is in full and continual compliance with the requirements of the Arkansas Water and Air Pollution Control Act as administered by the Arkansas Department of Environmental Quality. A violation of the permit conditions required by the Arkansas Department of Environmental Quality can be grounds for a suspension or revocation of the City's Rock Quarry Operating License. (See §133.05) (2) Dirt and mud control measures. The rock quarry operator is required to ensure that any and all vehicles leaving the rock quarry shall have all mud and dirt removed from the tires and exterior parts of the body of the vehicles prior to exiting the site onto public roads. (3) Loose rock and gravel. The rock quarry operator is responsible to ensure that all dump trucks leaving the rock quarry site that may utilize any city street and are carrying more than half a truck load of gravel, rocks or dirt have their load fully and properly covered. (4) Dump truck identifying number. In order for citizens to easily and correctly identify dump trucks and their owner/operators who are servicing the rock quarry, the rock quarry operator shall require any dump truck accessing or servicing his facility to have an easy to read four digit number at least six inches high and twelve inches wide on the tail gate of the dump truck. The rock quarry operator shall maintain an up-to-date and accurate log of the owner and operator of each numbered dump truck and shall immediately supply the owner and operator's name, address and contract information to any Fayetteville employee, official or citizen who requests such information. (5) Only dump trucks with proper identifying number may be loaded. The rock quarry operator shall not load or permit to be loaded or permit to exit the rock quarry any dump truck unless the identifying number specified in subsection(4) is clearly legible, easy to read and not obscured by dirt, mud or otherwise. "§113.03: Jurisdiction of This Ordinance. Pursuant to A.C.A. §14-54-103(1), this ordinance to abate a nuisance shall be applicable to any and all rock quarries located within the corporate limits of Fayetteville and for one (1) mile beyond the city limits as prescribed in A.C.A. §14-262-102. "§113.04: Definitions. (A) "Rock Quarry" means any open excavation used for obtaining building stone, slate, limestone or other type of rock used for paving or building purposes. (B) "House" means any habitable structure including a mobile or manufactured home, a dwelling, a residence, an apartment, a condominium, a dormitory, a hotel or motel. B. 1 ORDINANCE AS AMENDED BY THE Rock Quarries Facilities CITY COUNCIL ON SEPTEMBER 15,2009 Page a of s (C) "Operation of Rock Quarry" means any blasting, operation of any mechanical equipment on the premises of the rock quarry or any operation of dump trucks or other large vehicles on the premises of the rock quarry site. Starting, running the engine or moving any equipment or dump truck on the premises shall constitute operation of the rock quarry. However, as long as the dust control measures remain in operation and effective, dump trucks may be driven onto the rock quarry to park(but may not be loaded)on the premises up until 5:30 p.m. during the August 20th to June 5th period. "113.05: Issuance, Suspension or Revocation of License. (A) Issuance. The Director of Development Services or designee shall prepare and issue an annual Rock Quarry Operating License upon proper application of an owner/operator of a rock quant'within the jurisdiction of this ordinance after ensuring the rock quarry operator will be in full compliance with all requirements of this ordinance and has all other current and valid federal, state and county permits required for rock quarrying operation. (B) Suspension. The Director of Development Services may suspend a Rock Quarry Operating License for up to thirty (30) days for violations of the terms of the license after a due process hearing. (C) Revocation. The Director of Development Services may revoke a Rock Quarry Operating license for repetitive, continuing, intentional, or substantial violations of the requirements of this ordinance. The Director of Development Services may require adequate assurances that any operator whose license has been revoked will fully comply with the Rock Quarry Operating License before reissuing another license. (D) Appeal. Any person whose license has been suspended or revoked pursuant to this section, may appeal such suspension or revocation to the City Council by providing the City Clerk's Office with a written request for City Council review within ten business days of the issuance of suspension or revocation. The City Council may then determine whether the rock quarry operator violated the requirements of the ordinance and, if so, whether suspension (up to 30 days)or revocation is appropriate for such violation. "§113.06: Penalty. (A) Any owner, lessor or lessee of real property upon which is located a rock quarry and any operator, manager, or employee of such rock quarry shall ensure such quarry is operated within the limits of this ordinance and shall be guilty of a criminal violation for any violation of the requirements of this ordinance. (B) The Rock Quarry Operating License may be suspended or revoked by the Director of Development Services after a due process hearing for an owner's, manager's, operator's, employee's, or lessee's violation of any terms or limits within this ordinance or for operating the rock quarry not in conformity with its Rock Quarry Operating License. B. 1 ORDINANCE AS AMENDED BY THE Rock Quarries Facilities CITY COUNCIL ON SEPTEMBER 15,2009 Page 5 of 6 (C) Any owner, operator, manager, lessee or employee of a rock quarry shall be guilty of a criminal violation if such person operates the rock quarry in violation of any of the terms of this ordinance, without a current and valid Rock Quarry Operating License, or in violation of any of the terms of his Rock Quarry Operating License. (D) Each violation of the operational hour limitations or the number of explosions or the explosive force of any rock blasting of this Ordinance or the applicable Rock Quarry Operating License shall constitute a separate violation of this ordinance and shall be punishable by a fine of up to $500.00. "§113.07: No reduction in properly owner's right to sue for nuisance. Nothing in this ordinance removes or reduces a property owner's right to sue or seek an injunction against any owner or operator of rock quarry if such facility constitutes a private or public nuisance to that property owner." PASSED and APPROVED this the 6a'day of October, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer B. 1 Rock Quarries Facilities Page 6 of 6 B.2 ORDINANCE AS AMENDED BY THE Red Dirt Mining Facilities CITY COUNCIL ON SEPTEMBER 15,2009 Page 1 of 8 ORDINANCE NO. AN ORDINANCE TO PREVENT INJURY OR ANNOYANCE WITHIN THE CORPORATE LIMITS OF FAYETTEVILLE BY REGULATING RED DIRT MINING FACILITIES SO THAT THESE FACILITIES WILL NOT BE NUISANCES WHEREAS, the City Council of the City of Fayetteville, Arkansas recognizes the need for red dirt mining facilities to supply necessary red dirt for building construction, parking lot and road construction within and near the corporate limits of Fayetteville; and WHEREAS, the Fayetteville City Council has listened to experts and citizens and determined that any blasting that could be used in red dirt mining could cause unavoidable damaging or nuisance effects upon nearby structures (especially homes); and WHEREAS, the Fayetteville City Council has also learned and determined that an operating red dirt mining facility can cause vibrations, dust, ground upheaval, loud noises, fumes and other deleterious effects within a mile from the red dirt mining facility; and WHEREAS, the Fayetteville City Council has also heard from citizens living near an existing and operating red dirt mining facility and determined that unregulated blasting, dirt excavating, dump truck loading and other red dirt mining facility activities are offensive and potentially unhealthy and dangerous to Fayetteville citizens and damaging to their property and city streets; WHEREAS, unless the frequency of blasting, its distance from houses, the hours and days of red dirt mining facility operation near residences to prevent noise, dust and fumes in excess of ADEQ limits from escaping the red dirt farm are properly regulated and controlled, such a red dirt mining facility would constitute a nuisance to Fayetteville residents and citizens and should be abated. B.2 Red Dirt Mining Facilities Page 2 of 8 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 enacts Chapter 113 Rock Quarries and Red Dirt Mining Facilities of the Code of Fayetteville, Article II Red Dirt Mining Facility Operating License as shown on the attached Exhibit A. PASSED and APPROVED this the 6`" day of October, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 B.2 Red Dirt Mining Facilities Page 3 of 8 EXHIBIT "A" ARTICLE II. the operation of the red dirt mining to ensure the red dirt mining facility is in full and continual compliance with the Red Dirt Mining Facility Operating License requirements of the Arkansas Water and Air Pollution Control Act as administered by the Arkansas Department of Environmental Quality. A violation of the permit conditions §113.11. Finding of Nuisance and Need for required by the Arkansas Department of Environmental Abatement Quality can be grounds for a suspension or revocation of the City's Red Dirt Mining Facility Operating License. (See The City Council of the City of Fayetteville, §133.15) Arkansas determines and finds that the operation of a red dirt mining facility is a nuisance to the citizens and City of (2) Dirt and mud control measures. The red Fayetteville, Arkansas if operated or used other than as dirt mining operator is required to ensure that any and all prescribed in §113.12 and, therefore, should be abated by vehicles leaving the red dirt mining facility shall have all mud the reasonable regulations required by this ordinance. and dirt removed from the tires and exterior parts of the body of all vehicles prior to exiting the site onto public roads. §113.12. Abatement of Nuisance (3) Red dirt. The red dirt mining operator is responsible to ensure that all dump trucks leaving the red (A) Rock BlastingAlse of Explosives. dirt mining site that may utilize any city street and are (1) No blasting shall be allowed within 60 yards carrying more than half a truck load of red dirt have their load fully and properly covered. of any house within the city limits of Fayetteville. (4) Dump truck identifying number. In order for (2) No blasting explosive charge or location citizens to easily and correctly identify dump trucks and their shall exceed the most restrictive limitations within federal, owner/operators who are servicing the red dirt mining facility, state and Washington County regulations or laws. the red dirt mining operator shall require any dump truck accessing or servicing his facility to have an easy to read (3) All blasting within the permitted red dirt four digit number at least six inches high and twelve inches mining facility shall only be allowed one day per month wide on the tail gate of the dump truck. The red dirt mining between the hours of 10:00 a.m. and 3:00 p.m. during a operator shall maintain an up-to-date and accurate log of the single weekday (non-holiday) pursuant to the Red Dirt owner and operator of each numbered dump truck and shall Mining Operating License. immediately supply the owner and operator's name,address (B)Operation of Red Dirt Mining Facility. and contract information to any Fayetteville employee, official or citizen who requests such information. (1) All red dirt mining facilities within the city (5) Only dump trucks with proper identifying limits of Fayetteville or within one mile beyond the city limits number may be loaded. The red dirt mining operator shall of Fayetteville shall only be allowed to operate during the not load or permit to be loaded or permit to exit the red dirt period of 8:30 a.m. until 3:00 p.m. Monday through Friday mining facility any dump truck unless the identifying number from August 20 through June 5 and during the period of specked in subsection(4)is clearly legible,easy to read and 8:00 a.m. until 5:30 p.m. Monday through Friday from June not obscured by dirt,mud or otherwise. 6 through August 19 . No red dirt mining facility shall be allowed to operate on a federally recognized holiday. §113.13: Jurisdiction of This Ordinance. (2) All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits Pursuant to A.C.A. §14-54-103(1), this ordinance of Fayetteville shall be prohibited from any operations until to abate a nuisance shall be applicable to any and all red dirt the owner/operator of such facility has obtained a valid, mining facilities located within the corporate limits of annual Red Dirt Mining Operating License. This license to Fayetteville and for one (1) mile beyond the city limits as operate shall be issued by the Fayetteville Planning prescribed in A.C.A.§14-262-102. Department on a fiscal year (July 1 through June 30) schedule with no fee assessed. §113.14: Definitions. (C) Dust,Mud and Rock Control Measures. (A) "Red dirt mining" means any open excavation used for obtaining red dirt or other type of soil All red dirt mining facilities within the city limits used for paving or building purposes. of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate with the (B) "House" means any habitable structure following safeguards and measures to ensure that dust,dirt, including a mobile or manufactured home, a dwelling, a mud, loose rock, and all other possible irritants or nuisance residence, an apartment, a condominium, a dormitory, a substances do not adversely affect Fayetteville residents. It hotel or motel. is the express continuing duty of the licensed red dirt mining operator to ensure all of these safeguards,requirements and (C) "Operation of Red Dirt Mining Facility' measures are constantly enforced. means any blasting, operation of any mechanical equipment on the premises of the red dirt mining facility or any (1) Dust control measures. Water or operation of dump trucks or other large vehicles on the other substances or measures must be fully effective during premises of the red dirt mining site. Starting, running the 3 B.2 Red Dirt Mining Facilities Page 4 of 8 engine or moving any equipment or dump truck on the whether suspension (up to 30 days) or revocation is premises shall constitute operation of the red dirt mining appropriate for such violation. facility. However, as long as the dust control measures remain in operation and effective, dump trucks may be §113.16: Penalty. driven onto the red dirt mining facility to park(but may not be loaded)on the premises up until 5:30 p.m.during the August 2&to June 5 period. (q) Any owner, lessor or lessee of real property upon which is located a red dirt mining facility and any operator, manager, or employee of such red dirt mining 113.15: Issuance, Suspension or Revocation facility shall ensure such facility is operated within the limits of License. of this ordinance and shall be guilty of a criminal violation for any violation of the requirements of this ordinance. (A) Issuance. The Director of Development Services or designee shall prepare and issue an annual Red (B) The Red Dirt Mining Facility Operating Dirt Mining Facility Operating License upon proper License may be revoked or suspended by the Director of application of an ownerloperator of a red dirt mining facility Development Services after a due process hearing for an within the jurisdiction of this ordinance after ensuring the owner's, manager's, operator's, employee's, or lessee's owner/operator will be in full compliance with all violation of any terms or limits within this ordinance or for requirements of this ordinance and has all other current and operating the red dirt mining facility not in conformity with its valid federal, state and county permits required for red dirt Red Dirt Mining Facility Operating License. mining operation. (C) Any owner, operator, manager, lessee or (B) Suspension. The Director of Development employee of a Red Dirt Mining Facility shall be guilty of a Services may suspend a Red Dirt Mining Facility Operating criminal violation if such person operates the red dirt mining License for up to thirty(30)days for violations of the terns of facility in violation of any of the terns of this ordinance, the license after a due process hearing. without a current and valid Red Dirt Mining Facility Operating License, or in violation of any of the terms of his (C) Revocation. The Director of Development Red Dirt Mining Facility Operating License. Services may revoke a Red Dirt Mining Facility Operating license for repetitive, continuing, intentional, or substantial (D) Each violation of the operational hour violations of the requirements of this ordinance. The limitations or the number of explosions or the explosive force Director of Development Services may require adequate of any blasting of this Ordinance or the applicable Red Dirt assurances that any operator whose license has been Mining Facility Operating License shall constitute a separate revoked will fully comply with the Red Dirt Mining Facility violation of this ordinance and shall be punishable by a fine Operating License before reissuing another license. of up to$500.00. (D) Appeal. Any person whose license has §113.17: No reduction in property owner's been suspended or revoked pursuant to this section, may right to sue for nuisance. appeal such suspension or revocation to the City Council by providing.the City Clerk's Office with a written request for City Council review within ten business days of the issuance Nothing in this ordinance removes or reduces a of suspension or revocation. The City Council may then property owner's right to sue or seek an injunction against determine whether the red dirt mining facility owner/operator any owner or operator of a red dirt mining facility if such violated the requirements of the ordinance and, if so, facility constitutes a private or public nuisance to that property owner. 4