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2011-07-05 - Agendas - Final
Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn 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 Pnsitinn 2—Sarah F I ewie Final Agenda City of Fayetteville Arkansas City Council Meeting July 5, 2011 A meeting of the Fayetteville City Council will be held on July 5, 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: 1. Walton Arts Center Foundation Appointment — Mayor and Chancellor of the University of Arkansas appointment—Three directors shall be jointly appointed by the Mayor of the City of Fayetteville, and the Chancellor of the University of Arkansas, Fayetteville. Subject to the approval of the City Council and the Board of Trustees of the University of Arkansas. DALE CAUDLE WAS APPOINTED. Agenda Additions: 1. Settlement Agreement with Earl and Murlene Webb: A resolution approving a settlement agreement with Earl R. Webb and Murlene Webb concerning condemnation litigation filed as part of the Cato Springs Road Improvement Project in a total amount of $34,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. Consent: 1. Approval of the June 21, 2011 City Council meeting minutes. Approved 2. Fayetteville Police Department Donations: A resolution to thank several donors to the Fayetteville Police Department and to approve a budget adjustment in the amount of $4,880.00 recognizing the donations. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 108-11 3. Wal-Mart Foundation and Facility #5737: A resolution to thank the Wal-Mart Foundation and Facility #5737 and accept its $1,000.00 donation to the Fayetteville Police Department for CPR training and certification. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 109-11 4. Bid #11-40 Fochtman Enterprises, Inc.: A resolution awarding Bid #11-40 and authorizing a contract with Fochtman Enterprises, Inc. in the amount of $92,377.40 for construction of a parking lot at Bryce Davis Park, and approving a fifteen percent (15%) project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 110-11 5. Youth Bridge, Inc.: A resolution approving a lease with Youth Bridge, Inc. for property located at 1932 South Garland pursuant to the Community Development Block Grant Public Facility Lease Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 111-11 6. Government Channel Budget Adjustment: A resolution approving a budget adjustment in the amount of$750.00 representing revenue from public access television fees collected by the public access television contractor. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 112-11 7. Amend Resolution No. 160-10: A resolution amending Resolution No. 160-10 approving an amendment to the Access Management Plan Agreement, as prepared by the Arkansas Highway and Transportation Department, for State Highway 265. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 113-11 8. Taylor Settlement Agreement: A resolution approving a settlement agreement with Murphy R. Taylor and Betty N. Taylor concerning condemnation litigation filed as part of the Crossover Road Water and Sewer Improvement Project in a total amount of $27,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 114-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. Edward Byrne Memorial Justice Assistance Grant: A resolution to accept an Edward Byrne Memorial Justice Assistance Grant for the 4th Judicial District Drug Task Force in the amount of$164,444.66 for federal funding and $32,999.93 for state funding. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 115-11 B. Unfinished Business: 1. City Plan 2030: A resolution approving and adopting City Plan 2030 and the future land use map as the comprehensive land use plan. This resolution was tabled at the June 21, 2011 City Council meeting to the July S, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 116-11 2. Revised Master Street Plan: A resolution approving and adopting a revised Master Street Plan and street cross-sections. This resolution was tabled at the June 21, 2011 City Council meeting to the July S, 2011 City Council meeting. TABLED TO AUGUST 16, 2011 CITY COUNCIL MEETING. 3. RZN 11-3806 (South of Zion Road and East of Taliesin Lane/Woodbury): An ordinance revoking R-PZD 06-2190 (Woodbury) rezoning that property described in rezoning petition RZN 11-3806, for approximately 9.26 acres, located south of Zion Road and east of Taliesin Lane, from R-PZD, Residential Planned Zoning District 06- 2190, to NC, Neighborhood Conservation. This ordinance was left on the Second Reading at the June 21, 2011 City Council meeting. TABLED TO JULY 19, 2011 CITY COUNCIL MEETING. 4. RZN 11-3807 (Southwest Corner of Razorback Road and 15th Street/Champion Club Condos): An ordinance revoking R-PZD 07-2551 (Champions Club Condos) and rezoning that property described in rezoning petition RZN 11-3807, for approximately 4.42 acres, located at the southwest corner of Razorback Road and 15th Street, east of the Crowne Apartments, from R-PZD, Residential Planned Zoning District 07-2551, to UT, Urban Thoroughfare. This ordinance was left on the Second Reading at the June 21, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5416 5. RZN 11-3835 (3710 West Martin Luther King Boulevard/Zaifi): An ordinance rezoning that property described in rezoning petition RZN 11-3835, for approximately 1.20 acres, located at 3710 West Martin Luther King Boulevard from C-1, Neighborhood Commercial to CS, Community Services. This ordinance was left on the Second Reading at the June 21, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5417 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 6. Appeal RZN 11-3831 (209 W. Martin Luther King Blvd.): An ordinance rezoning that property described in rezoning petition RZN 11-3831, for approximately 2.64 acres located at 209 West Martin Luther King Boulevard from RMF-24, Residential Multi- Family, 24 units per acre to C-1, Neighborhood Commercial. This ordinance was left on the First Reading at the June 21, 2011 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING. C. New Business: 1. RZN 11-3824 (East of Intersection of College and Township/Summit Place): An ordinance rezoning that property described in rezoning petition RZN 11-3824 (Summit Place), for approximately 30.13 acres, located east of the intersection of College and Township Avenues from RSF-4, Residential Single Family four units per acre to NC, Neighborhood Conservation subject to a Bill of Assurance. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5418 2. ADM 11-3655 Building Code: A resolution to request that Mayor Jordan have city staff examine city building codes and recommend amendments to further promote sustainable practices and energy conservation for City Council consideration. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 117-11 3. Thomas Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Zara L. Thomas, trustee of the Zara L. Thomas Revocable Trust U/D/T November 20, 1998, needed for the University of Arkansas Farm Trail Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 118-11 4. Rogers Group, Inc. v. City of Fayetteville: A resolution to authorize the City Attorney to appeal the award of attorneys fees and costs in the Rogers Group, Inc. v. City of Fayetteville case. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 119-11 Announcements: Adjournment: 9:20 p.m. 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. 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: July 5,2011 Adjourn: Subject: Roll Ferrell Adams L I-d,ow Lewis Gray s WOAII Boudreaux OSa Kinion I v--,- Petty LZ Tennant Mayor Jordan Vl�' Subject: Walton Arts Center Foundation Appointment—Mayor& Chancellor of the UofA appointment Motion To: Motion By: �( Seconded: Oyu i 5 Ferrell //DOIL Adams 0-a J,6'. Lewis 0 Gray Boudreaux Kinion Petty Tennant ✓ Mayor Jordan City Council Meeting: July 5, 2011 Subject: Ld i Motion To: Pa4,UJ Motion By: .1 f Seconded: Ferrell Adams ✓ r✓ Lewis �__-- Gray SOAS"e Boudreaux i Oi � I Kinion i/ ✓ Petty ✓ R/ Tennant r� t✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: July 5,2011 Subject: Consent Motion To: Motion By: Seconded: /_,Q yvw t Ferrell M� Adams QP•p Lvs Lewis Gray Boudreaux Kinion i✓ Petty ✓ u Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: July 5, 2011 Subject: City Plan 2030 Motion To: Motion By: p Seconded: OA B. 1 Ferrell Unfinished Adams Business Lewis Grays Boudreaux PQ/�Q Kinion Petty ✓ WO - 11 Tennant Mayor Jordan Subject: Revised Master Street Plan Motion To: / CID// Motion By: Seconded: B 2 Ferrell Unfinished Adams ✓ Business Lewis ✓ Gray '�R/Qe 40 Boudreaux ✓ Kinion ✓ /lvr aolB Petty ✓/ Tennant I/ Mayor Jordan City Council Meeting: July 5,2011 Subject: RZN 11-3806 (South of Zion Road and East of Taliesin Lane/Woodbury) Motion To: °� �' �O-& 4-v '7` _® Motion By: Q Seconded: r S B. 3 Ferrell ✓ E/ Unfinished Adams Business Lewis Gray �CSC'kt� Boudreaux ✓ ,/ r� () Kinion ✓ Petty ✓ ✓ Tennant Mayor Jordan Subject: RZN 11-3807 (Southwest Corner of Razorback Rd. & 15`n Street/Champion Club Condos) Motion To: Motion By: r Seconded: B. 4 Ferrell Unfinished Adams ✓� Business Lewis t� Gray Boudreaux Kin n � Petty ✓ Tennant Mayor Jordan City Council Meeting: July 5,2011 Subject: RZN 11-3835 (3710 West Martin Luther King Boulevard/Zai£) Motion To: 3-a Motion By: Seconded: B. 5 Ferrell t z Unfinished Adams Business Lewis ✓ Gray Q Se 06.se, Boudreaux ✓ V, P limon ✓ r✓ Petty ✓ t/' Tennant Mayor Jordan 7� o Subject: Appeal RZN 11-3831 (209 W. Martin Luther King Blvd.) Motion To: n d E Motion By: n Seconded: e� B. 6 Ferrell Vol Unfinished Adams o/ Business Lewis Gray 40 au" Boudreaux V, � ( Kinion S..C'dor1G�' Petty a/ 1 tQ(�t�r� x Tennant U Mayor Jordan City Council Meeting: July 5, 2011 Subject: RZN 11-3824 (East of Intersection of College and Township/Summit Place) Motion To: p ltd a.d md ;-�Lc.r Motion By: a Seconded: C. 1 Ferrell ✓ New Adams v", Business Lewis vl� ✓ ✓ Gray JS?v� .rtk � Boudreaux ✓.- Kinion we- Petty ✓ ✓ In Tennant ✓� ✓ v� ALU Mayor Jordan ® '7-d Subject: ADM 11-3655 Building Code Motion To: Motion By: Seconded: C.2 Ferrell New Adams Business Lewis Gray 5 , Ah (a Boudreaux Woe- Kinion l ' Petty �f Tennant 1� Mayor Jordan �7 -a City Council Meeting: July 5,2011 Subject: Thomas Condemnation and Possession Motion To: Motion By: Seconded: C. 3 Ferrell New Adams Business Lewis V Gray Boudreaux , Kinion Ir I Petty s�` Tennant A Mayor Jordan -a Subject: Rogers Group,Inc.v. City of Fayetteville Motion To: n Motion By: Seconded: C. 4 Ferrell New Adams Business Lewis Vol Gray Boudreaux ✓ I `` Q Kinion l l t I I Petty t/ Tennant Mayor Jordan /[ Ta jl��e e 9 1 e Departmental Correspondence ARKANSAS LEGAL DEPARTMENT Kit Williams TO: Mayor Jordan City Attorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant City Attorney FROM: Kit Williams, City Attorney — DATE: July 6, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 5, 2011 1. Cato Springs Settlement: A resolution approving a settlement agreement with Earl F. Webb and Murlene Webb concerning condemnation litigation filed as part of the Cato Springs Road improvement project in a total amount of $34,000.00. 2. Fayetteville Police Department Donations: A resolution to thank several donors to the Fayetteville Police Department and to approve a budget adjustment in the amount of$4,9880.00 recognizing the donations. 3. Wal-Mart Foundation and Facility #5737: A resolution to thank the Walmart Foundation and Facility #5737 and accept its $1,000.00 donation to the Fayetteville Police Department for CPR training and certification. 4. Fochtman Enterprises, Inc.: A resolution awarding Bid #11-40 and authorizing a contract with Fochtman Enterprises, Inc. in the amount of$92,377.40 for construction of a parking lot at Bryce Davis Park, and approving a 15% project contingency. 5. Youth Bridge, Inc.: A resolution approving a lease with Youth Bridge, inc. for property located at 1932 South Garland Pursuant to the Community Development Block Grant Public Facility Lease Program. Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn 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 Pnsitinn 2—Sarah F I ewie Final Agenda City of Fayetteville Arkansas City Council Meeting July 5, 2011 A meeting of the Fayetteville City Council will be held on July 5, 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: 1. Walton Arts Center Foundation Appointment — Mayor and Chancellor of the University of Arkansas appointment—Three directors shall be jointly appointed by the Mayor of the City of Fayetteville, and the Chancellor of the University of Arkansas, Fayetteville. Subject to the approval of the City Council and the Board of Trustees of the University of Arkansas. Agenda Additions: A. Consent: 1. Approval of the June 21, 2011 City Council meeting minutes. 2. Fayetteville Police Department Donations: A resolution to thank several donors to the Fayetteville Police Department and to approve a budget adjustment in the amount of $4,880.00 recognizing the donations. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Wal-Mart Foundation and Facility #5737: A resolution to thank the Wal-Mart Foundation and Facility #5737 and accept its $1,000.00 donation to the Fayetteville Police Department for CPR training and certification. 4. Bid #11-40 Fochtman Enterprises, Inc.: A resolution awarding Bid #11-40 and authorizing a contract with Fochtman Enterprises, Inc. in the amount of $92,377.40 for construction of a parking lot at Bryce Davis Park, and approving a fifteen percent (15%) project contingency. 5. Youth Bridge, Inc.: A resolution approving a lease with Youth Bridge, Inc. for property located at 1932 South Garland pursuant to the Community Development Block Grant Public Facility Lease Program. 6. Government Channel Budget Adjustment: A resolution approving a budget adjustment in the amount of$750.00 representing revenue from public access television fees collected by the public access television contractor. 7. Amend Resolution No. 160-10: A resolution amending Resolution No. 160-10 approving an amendment to the Access Management Plan Agreement, as prepared by the Arkansas Highway and Transportation Department, for State Highway 265. 8. Taylor Settlement Agreement: A resolution approving a settlement agreement with Murphy R. Taylor and Betty N. Taylor concerning condemnation litigation filed as part of the Crossover Road Water and Sewer Improvement Project in a total amount of $27,000.00. 9. Edward Byrne Memorial Justice Assistance Grant: A resolution to accept an Edward Byrne Memorial Justice Assistance Grant for the 4ch Judicial District Drug Task Force in the amount of$164,444.66 for federal funding and $32,999.93 for state funding. B. Unfinished Business: 1. City Plan 2030: A resolution approving and adopting City Plan 2030 and the future land use map as the comprehensive land use plan. This resolution was tabled at the June 21, 2011 City Council meeting to the July 5, 2011 City Council meeting. 2. Revised Master Street Plan: A resolution approving and adopting a revised Master Street Plan and street cross-sections. This resolution was tabled at the June 21, 2011 City Council meeting to the July 5, 2011 City Council meeting. 3. RZN 11-3806 (South of Zion Road and East of Taliesin Lane/Woodbury): An ordinance revoking R-PZD 06-2190 (Woodbury) rezoning that property described in rezoning petition RZN 11-3806, for approximately 9.26 acres, located south of Zion Road and east of Taliesin Lane, from R-PZD, Residential Planned Zoning District 06- 2190, to NC, Neighborhood Conservation. This ordinance was left on the Second Reading at the June 21, 2011 City Council meeting. Left on the Second Reading 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. RZN 11-3807 (Southwest Corner of Razorback Road and 15`h Street/Champion Club Condos): An ordinance revoking R-PZD 07-2551 (Champions Club Condos) and rezoning that property described in rezoning petition RZN 11-3807, for approximately 4.42 acres, located at the southwest corner of Razorback Road and 15a Street, east of the Crowne Apartments, from R-PZD, Residential Planned Zoning District 07-2551, to UT, Urban Thoroughfare. This ordinance was left on the Second Reading at the June 21, 2011 City Council meeting. Left on the Second Reading 5. RZN 11-3835 (3710 West Martin Luther King Boulevard/Zaifi): An ordinance rezoning that property described in rezoning petition RZN 11-3835, for approximately 1.20 acres, located at 3710 West Martin Luther King Boulevard from C-1, Neighborhood Commercial to CS, Community Services. This ordinance was left on the Second Reading at the June 21, 2011 City Council meeting. Left on the Second Reading 6. Appeal RZN 11-3831 (209 W. Martin Luther King Blvd.): An ordinance rezoning that property described in rezoning petition RZN 11-3831, for approximately 2.64 acres located at 209 West Martin Luther King Boulevard from RMF-24, Residential Multi- Family, 24 units per acre to C-1, Neighborhood Commercial. This ordinance was left on the First Reading at the June 21, 2011 City Council meeting. Left on the First Reading C. New Business: 1. RZN 11-3824 (East of Intersection of College and Township/Summit Place): An ordinance rezoning that property described in rezoning petition RZN 11-3824 (Summit Place), for approximately 30.13 acres, located east of the intersection of College and Township Avenues from RSF-4, Residential Single Family four units per acre to NC, Neighborhood Conservation subject to a Bill of Assurance. 2. ADM 11-3655 Building Code: A resolution to request that Mayor Jordan have city staff examine city building codes and recommend amendments to further promote sustainable practices and energy conservation for City Council consideration. 3. Thomas Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Zara L. Thomas, trustee of the Zara L. Thomas Revocable Trust U/D/T November 20, 1998, needed for the University of Arkansas Farm Trail Project. 4. Rogers Group, Inc. v. City of Fayetteville: A resolution to authorize the City Attorney to appeal the award of attorneys fees and costs in the Rogers Group, Inc. v. City of Fayetteville case. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Announcements: Adjournment: 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 Wild_j„ / C. City of Fayetteville Staff Review Form �tfdl(JI,�GL lR A.9 City Council Agenda Items Edward Byrne Memorial Justice Assistance Grant and Page 1 of 26 z�lll Contracts, Leases or Agreements 7/5/2011 City Council Meeting Date Agenda Items Only Greg Tabor Drug Enforcement Police Submitted By Division Department Action Required: Acceptance of the Edward Byrne Memorial Justice Assistance Grant for federal and state funding of the 4th Judicial District Drug Task Force in the amount of$164,444.66 and $32,888.93, respectively. $ 457,316.00 $ 525,650.00 Drug Enforcement Cost of this request Program Category/Project Name 2930-2960 $ 287,816.87 Drug Enforcement Account Number Funds Used to Date Program/Project Category Name 08064-1112 $ 237,833.13 Drug Enforcement Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached o`s X\ Previous Ordinance or Resolution# Department Dir Date Original Contract Date: Original Contract Number: Ci torney Date 115-4 ,�1 _ Finan and Internal Services Director D t Received in City 06-23-1 1 P02 26 RCVD Clerk's Office C ief Of t Received in dp " Mayor's Office .c0 M or Drate Comments: Revised January 15,2009 A.9 Edward Byrne Memorial ��� Justice Assistance Grant Y THE CITY OF fAYETTEVIe@sCg dR(A�JSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and Members of the City Council From: Greg Tabor, Chief of Police Date: July 5, 2011 Subject: Grant Acceptance for 4th Judicial Drug Task Force PROPOSAL: The 4th JDTF's total projected budget for the 2011-2012 JAG grant period is $457,316. The State Office of Intergovernmental Services has approved grant funding in the following amounts: federal - $164,444, state- $32,889, and local match- $21,926. The JAG grant defines required local matching funds based on a percentage split of 75/15/10 in awarded federal and state funds plus local funds. To receive the federal and state portion of the Justice Assistance Grant, the 4th JDTF must commit to a match of at least$21,926.00. However, Fayetteville provides additional funds in the amount of$132,324 plus overtime and covert funds to maintain the same level of effectiveness for the Drug Enforcement program. The other member agencies also contribute additional funds totaling $105,733. The 2011-2012 fiscal year grant award is the same amount as funded in the 2010-2011 grant period. Attached, please find the grant document which includes the Project Budget Narrative to further explain the operation covered by this grant, and all certifications, assurances and conditions. RECOMMENDATION: Staff recommends acceptance of the 2011-2012 Justice Assistance Grant for federal and state funding in the amount of$164,444 and $32,889, respectively, for the primary funding source of the 4th Judicial Drug Task Force. If you should have any comments or questions regarding this grant acceptance, please contact me at extension 500 or Judy Cohea at extension 581. BUDGETIMPACT: The budget will be sufficient for the balance of 2011 and will remain stable in 2012. A.9 Edward Byrne Memorial Justice Assistance Grant Page 3 of 26 RESOLUTION NO. A RESOLUTION TO ACCEPT AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR THE 4TH JUDICIAL DISTRICT DRUG TASK FORCE IN THE AMOUNT OF $164,444.66 FOR FEDERAL FUNDING AND $32,999.93 FOR STATE FUNDING WHEREAS, the Edward Byrne Memorial Justice Assistance Grant in the amount of $164,444.66 (federal) and$32,888.93 (state) is available to the 4r'Judicial District Drug Task Force with city matching funds of at least$21,926.00; and WHEREAS,the City of Fayetteville has budgeted $132,324.00 for the 4th Judicial District Drug Task Force this year. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts an Edward Byrne Memorial Justice Assistance Grant for the 4`h Judicial District Drug Task Force in the amount of $164,444.66 (federal) and $32,888.93 (state) and pledges a match of at least $21,926.00 for the Task Force. PASSED and APPROVED this 5`h day of July, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.9 APPLICATION FOR EdwaY*11391 moria) FEDERAL ASSISTANCE 2.DATE SUBMITTED Applicant Identifier Justice Assistance Grant 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier Pegs A�f 9R Application Pre-application 13 Construction M Construc8on 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier IM Non-Construction Non-Construction 5.APPLICANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville,Arkansas Department: Fayetteville Police Department Organizational DUNS: 075657742 Division: 4th Judicial District Drug Task Force Address: Name and telephone number of person to be contacted on matters Street: involving this application(give area code) 100-a West Rock Street Prefix: First Name: Jud City' Fayetteville Middle Name County: Last Name Washin ton Cohea State: AR Zip Code 72701 Suffix: Country: United States Email: •cohea ci.fa etteville.ar.us 6.EMPLOYER IDENTIFICATION NUMBER(EIN): Phone Number(give area code) Fax Number(give area code) ❑7 1❑-®b 1❑®®©Q 479 587-3581 479 587-3570 8.TYPE OF APPLICATION: 7.TYPE OF APPLICANT: (See back of form for Application Types) El New Continuation © Revision C. Municipal If Revision,enter appropriate letter(s)in box(es) p See back of form for description of letters.) ❑ ❑ Other(specify) Other(specify) 9.NAME OF FEDERAL AGENCY: Department of Justice 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 4th Judicial District Drug Task Force TITLE(Name of Program):Edward Byrne Memorial JAG Program 12.AREAS AFFECTED BY PROJECT(Cities, Counties, States,etc.): Washington and Madison Counties 13.PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a.Applicant b.Project 07/01/2011 06/30/2012 3rd I 3rd 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal WAS MADE 1642444.66 a.Yes.[ AVAILABLE TO HIS ITHE ISOTATE EXECUTIVE ORDER 12372 b.Applicant PROCESS FOR REVIEW ON c.State 32888.93 DATE: 07/01/2011 d.Local 21 925.95 b.No. IM, PROGRAM IS NOT COVERED BY E.O. 12372 -- - a:Other OR PROGRAM HAS NOT BEEN SELECTED BY STATE -- FOR REVIEW f.Program Income 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g.TOTAL 219259.54 0 Yes If"Yes'attach an explanation. IJ No 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Authodzed Representative Prefix First Name Lioneld Middle Name Last Nameuffix Jordan b.Title Mayor .Tele p4 9 575errg%area code) .Signature of Authorized Representative .Date Signed 3 Previous Edition Usable Standard Form 424(Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 A.9 Edward Byrne Memorial STATEOFARKANSAS OFFICE OF INTERGOVEPJ4MENJustice �&§Alts ( Grant SNE STgT Department of Finance 1515 west Seventh o� Suite 000 Little Rock,Arkansas 72203-8031 and Administration Phone: (501)682-1074 r Fax:(501)682-5206 Eby 6°' http://www.dfa.arkansas.gov June 6,2011 Mr.Lioneld Jordan Mayor 4th JD Drug Task Force 100A West Rock Fayetteville,AR 72701 Re: Grant No.J10-014$164,444.67 from JAG Dear Mr.Jordan: The Justice Assistance Grant that funds your drug task force will be continued at its current funding level commencing July 1,2011. Your grant award#and the amount of that award that ends June 30,2011, appears above. That continuation will be contingent upon a review that will be taking place by the Law Enforcement Committee of the Arkansas Alcohol and Drug Abuse Coordinating Council over the next few months,and adjustments to the grants could be made based on that review. We have enclosed the award document for your signature,but even though the competitive application process will not be necessary for this year,you will need to execute all the forms that are required each year as apart of your acceptance of the funds. Diana will be e-mailing you new forms for preparation of the budget,requests for reimbursement and some instructions on how to submit your request for reimbursement. Be watching for those,because we are going to use ONLY those forms this year. After receipt of your executed award document,we will follow up with the standard assurances and special conditions documents that you will need to return to us,and we should be ready to move into the new grant year funds on July 11,2011. To do that though,you will need to direct your staff to return the necessary grant documents as quickly as possible. We will also a need a copy of any MOUS that you have in place with city or county governments. 1 strongly suggest that you assure that your fiscal officer and any other staff who are responsible for the preparation of reimbursement requests,and the documentation that must accompany that request,be familiar with the Federal Financial Guide. It is available on line at: hUp•//www ojp usdoj goy/financialg ri /09 financial guide.p . There maybe additional rules set by the AADAC law enforcement sub-committee,but the Federal Financial Guide should be your first source of information. These are the stringent rules that we are bound by as the grantee in this program,and we pass through those requirements to the sub-grantees. Diana Wilson is the JAG grant coordinator for your program,and I encourage you to contact her directly if you have questions about the overall budgeting performance of your DTF. She wants to assist each of you in being successful in the use of your money,and is always available to you should you need her. Her e-mail is diana.wilsonOdfa.arkansas gov;her work number is 501-682-5022. If she is working outside of her main office,members of her staff are always able to contact her within a short time,and she will give you a call back quickly. As many of you have heard, there will be significant federal funding reductions in the Byrne JAG award to the states. However,in keeping with the practice of state government we conservatively manage these A.9 Edward Byrne Memorial Purvis/DTF continuation letter Justice Assistance Grant June 6,2011 Page 6 of 26 awards and we are hopeful that we will be able to maintain the current level of funding available for sub awards over the next couple of years. Please remember that these are competitive awards and there is no guarantee of continued funding from year to year. As many of you have heard, there will be significant federal funding reductions in the Byrne JAG award to the states. However,in keeping with the practice of state government we conservatively manage these awards and we are hopeful that we will be able to maintain the current level of funding available for sub awards over the next couple of years. Please remember that these are competitive awards and there is no guarantee of continued funding from year to year. I look forward to working with each of you in the coming year. Beregards, ANN PURVIS Administrator Office of Intergovernmental Services AP/dw cc: 2011 DTF grant files Edward Byrne M moria) Justice Assistan Grant step sr�rP Page 7 of 26 y ' m ARKANSAS DEPARTMENT OF OFFICE OF INTERGOVERNMENTAL SERVICES FINANCE AND ADMINISTRATION 1515 West Seventh Street,Suite 400 dy ,qt P.O.Box 8031 s s Little Rock,Arkansas 72203-8031 Phone: (501)682-1074 Fax: (501)682-5206 hW://www.state.ar.u,,/dfa RSAT Edward Byrne Memorial X❑ JAG Justice Assistance Grant(JAG)Program ❑ LLEBG CFDA#:16.738 1. SUBGRANTEE NAME AND ADDRESS(Including Zip Code) 4. SUBGRANT NUMBER: J 11-014 The Honorable Lioneld Jordan, City of Fayetteville 100-A West Rock Street 5 START DATE: July 1,2011 Fayetteville,Arkansas 72701 END DATE: June 30,2012 , 6. AWARD DATE: July 1,2011 2. MODIFICATION EFFECTIVE DATE: 7. ACTION: Initial ❑ Modification 2A. MODIFICATION AMOUNT $ 8. AWARD AMOUNT $219,259.54 FEDERAL $ FEDERAL $164,444.66 STATE MATCH $ STATE MATCH $ 32,886.93 LOCAL MATCH $ LOCAL MATCH $ 21,925.95 3. COMMON NAME:4th Judicial District Drug Task Force 4. Project Description:Identify arrest and prosecute individuals who are manufacturing,selling,or transporting drugs in or through the Programs jurisdictional area of operations.—Maintenance,Operations and Equipment Project. 9., SPECIAL CONDITIONS(check If applicable) ElTHE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS SET FORTH IN IT'S APPLICATION AND ALL CERTIFICATIONS,ASSURANCES AND SPECIAL CONDITIONS PREVIOUSLY AGREED TO. This project is supported under the Edward Byrne Memorial Justice Assistance Grant(JAG)Program (42 US.C.3750). � s 10. TYPED NAME AND TITLE OF APPROVING IGS OFFICIAL 12.TYPED NAME AND TITLE OF AUTHORIZED SUBGRANTEE OFFICIAL Ann Purvis,Administrator The Honorable Lioneld Jordan, Intergovernmental Services City of Fayetteville 11. SIGNATURE OF APPROVING OFFICIAL 13.SIGNATURE OF AUTHORIZED OFFICIAL 14. DATE A.9 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Edward Byrne Memorial JUSTICE ASSISTANCE GRANT(JAG) PROGRAM .justice Assistance Grant ATTACHMENT D: 2010 APPLICATION BUDGET Page a of 26 APPLICANT ORGANIZATION CIN of Fayetteville,Arkansas PROJECTTITLE 4th Judicial District Drug Task Force Grant Number Jit-014 FEDERAL LOCAL PROJECT Budget Item FUNDS STATE MATCH MATCH TOTAL New""Explanation of Budget Rem A. SALARY: List all positions for which funding is sought,include positions to be used as match. Include the number of hours worked Per week,the salary rate.as II as a brief description of Me job dales to be performed by each poellon. Grant funds anchor grant matching funds may not be used for CONFIDENTIAL FUNDS, unless Me Authorked Official certifies that Me DTT will comply with the Department of Justice regulations concerning Confidential Funds. 1 DTF Supervisor,Brad Renfro $ 24,098.84 $ 4,754.00 $ 6267.00 $ 35,119.86 40 hrsAvk,$58,803 sala ,Su ervises all DTF activities 2 DTF Immsti atop Anton Mu by $ 19,909.00 $ 3.978.00 $ 4.888.00 $ 28.]5.00 40 hrsAvk,$45,886 sala ,investi ate narcotic cases 3 DTFlnveeti *tor Jacob Lawson $ 17668.00 If 3.394.00 $ 5237.00 $ 26299.00 40mslwk,$44,13]sale jrvestjmenumcmccmes TOTAL SALARY $ 616]5.84 $ 12.126.00 $ 16392.00 $ 90,193.84 B. MANDATED BENEFITS: Mandated!Benefits include FICA,Workers Compensation and State Unemployment FICA Is coculated at 7.65%of total salary. Workers Compensation and Slate Unemployment rates are determined by Me respective agendes. 7 FICA IM 1.45%X total salary $ 894.30 $ 175.83 $ 237.68 $ 1,307.81 No Social security old on DTF officens Workers Compensation for all 8 Positions iff 2 % $ 1,233.62 $ 242.52 $ 327.84 $ 1,803.88 A an has no State Inem Io ment ummUme; TOTAL MANDATED BENEFITS $ 212].82 a 418.35 I $ 565.52 $ 3111.69 C. EMPLOYER BENEFITS: Include all other benefits offered to employee through group policies held by the applicant(Le, health insurance,retirement,so.). payments madedirectly to employees are ruct an allmmble cost Health Insurance($226.1]/monM x 3 10 officers) $ 3683.00 $ 733.00 $ 2100.00 $ 6516.00 11 Retirement LOPFI-16.84% $ 7552.00 $ 1,509.0 $ 2,868.43 $ 11929.43 TOTAL EMPLOYER BENEFITS $ 11,235.00 $ 2,242.00 $ 4,968.43 $ 18,445.43 D. MAINTENANCE AND OPERATIONS: Include items essential to Me effective implementation of activities identified wlMin Nis proposal(i.e.staff navel,telephone, office rental,office supplies,ver lease(car lease not to exceed$600.00 per month)etc.). 19 Alan Service $ 417.0 $ 83.00 $ $ 500.00 20 Cell hones $ 3,605.00 $ ]]1.00 $ $ 4,376.00 22 Copier Expense $ 293.00 $ 59.00 $ $ 352.00 24 Evidence Collection Supplies $ 475.00 $ 131.00 $ $ 606.00 _?5. Office Supplies $ 234.00 $ 47.58 $ - $ 281.58 27 Postage $ 47.00 $ 9.00 $ $ 56.00 28 Surveillance Equip.Service Fees $ 1,226.W $ 245.00 $ $ 1,471.00 29 Vehicle Fuel $ 4,765.00 $ 982.00 $ $ 5,747.00 30 Vehicle Insurance $ 506.00 $ 101.00 $ $ 607.00 31 Vehicle Maintenance $ 1175.00 $ 137.00 $ $ 1312.00 TOTAL MAINTENANCE AND OPERATIONS $ 12,743.00 $ 2,565.58 $ $ 15,308.58 APPLICATION DEADLINE: MAV 22,2010 AT 4:30 P.M. Applications received after the 4:30 deadline will not be considered IGS/JAG 2010 A.9 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Edward Byrne Memorial JUSTICE ASSISTANCE GRANT(JAG) PROGRAM Justice Assistance Grant ATTACHMENT D: 2010 APPLICATION BUDGET Page 9 of 26 E. PROFESSIONAUGONTRACT SERVICES: Include any professional service needed to ensure success of the project. For each consultant enter the name, service 0 be provided and hourly fee. Estimate time worked on the project If Contract Services Is used for PERSONNEL-use me PersonnellSalary Category, but list that they are Contract Services. 34 Springdale Police D riment $ 28.516.00 $ 5,T61.00 $ $ 34,283.00 35 Washln nCoun Sheriffs Office $ 26,651.00 $ 5485.00 $ $ 32.136.00 38 Prelde Grove Police Department $ 20,9%.00 $ 4,165.00 $ $ 25181.00 TOTAL PROFESSIONA00014rRACT SERVICES $ ]6,163.00 $ 18,43].00 $ $ 91,800.00 F. TRAVELn RAINING:Itemize travel expenses of project personnel by purpose. Training for peronnel(IN STATE ONLY). OUT OF STATE TRAVELRRAINING MUST BE APPROVED BY IGS/COMMITTEE. uaveittraining(in state only)Out of state only approved in exceptional circumstances and only by request 0 IGWAADAC 60 days pdor to travel 38 date $ 500.00 $ 100.00 $ $ 600.00 39 $ $ $ $ TOTAL TRAVELrrRAINING $ 500.00 $ 100.00 $ $ 600.00 G. EQUIPMENT: List non-expendable items to be purchased.Non-expendable equipment Is tangible property having a useful life of more than two years and an acquisition cost of$500.00 or more par Item.Be s Pacific antl rovitle completed JAG Inventoryform after delivery 41 $ $ $ $ TOTAL EQUIPMENT COST $ $ H. TOTAL PROJECT BUDGET $ 164,444.66 $ 32,888.93 $ 21,925.95 $219,259.54 2010-2011 Budget (Federal and State): Maximum Eligibility Amount(FEDERAL)for 2010-2011: $164,444.66 Total State Match Requirement for 2010-2011: $32,888.93 Total Local Match Requirement 2010.2011: $21,925.95 Lioneld Jordan Authorized official(PRINTED) Date Authorized official(Signature) Judy Cohea ��/�/ 2O f/ Officer(Printed) Date ' Afir lam` Fiscal O r(Signat e) APPLICATION DEADLINE: MAY22,2010AT430P.M. Applications received after the 4:30 deadline will not be considered IGSIJAG 2010 ,age sr,T A.9 c4 ..t } ASA < :r r ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Edward Byrne Memorial Justice Assistance Grant r JUSTICE ASSISTANCE GRANT(JAG) PROGRAM Page 10 of 26 ATTACHMENT D-1 BUDGET NARRATIVE 4th Judicial District Drug Task Force A. Salary- $182,141 DTF Supervisor(Renfro)—$28.271 per hour x 2,080 hours=$58,803 Fayetteville Officer(Murphy)—$22.060 per hour x 2,080 hours= $45,884 Fayetteville Officer(Lawson)—$21.220 per hour x 2.080 hours = $44,137 DTF Secretary(Murdoch) - $16.018 per hour x 2,080 hours= $33,317 B. Mandated Benefits - $8,211 Medicare (Supervisor&Officers)— 1.45%of Supervisor& Officer Salaries 1.45% x $154,064 =$2,641 FICA(DTF Secretary)—7.65% of Secretary Salary 7.65%x $33,317 =$2,549 Worker's Compensation—2.03% of Supervisor& Officers Salaries 2.03%x $148,824=$3,021 C. Employer Benefits- $41,065 Health Insurance(Supervisor&Officers) - $226.17 per month per employee $226.17 x 12 months x 3 employees=$8,142 Health Insurance (DTF Secretary) - $226.17 per month $226.17 x 12 months x 1 employee=$2,714 Life Insurance(All Employees) - $538 Long Term Disability Insurance (All Employees) - $575 Accidental Death/Disability(All Employees) - $36 Retirement(Supervisor& Officers)— 16.84%of Supervisor& Officer Salaries 16.84%x $148,824= $25,062 Retirement(DTF Secretary)— 12.00%of Secretary Salary 4,�gy sr,�TA A.9 o ..s •'�y o� Edward Byrne Memorial w R ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Justice Assistance Grant JUSTICE ASSISTANCE GRANT(JAG) PROGRAM Page 11 of 26 ATTACHMENT D-1 BUDGET NARRATIVE 12.00% x $33,317 =$3,998 D. Maintenance and Operations - $44,219 Alarm Service- $74.50 per month $74.50 x 12 months=$894 Cell Phones- $848.56 per month $848.56 x 12 months= $10,183 Cleaning Services - $109.25 per month $109.25 x 12 months= $1,311 Copier Expense- $28.13 per month plus $28.13 x 12 months= $338 Drug Screening (quarterly) for All Employees - $24.50 per drug screen $24.50 per drug screen x 4 employees x 4 quarters= $392 Evidence Collection Supplies—$1,500 Drug testing kits, latex gloves, evidence containers, evidence tape, evidence envelopes and bags, syringes, etc... Fuel—314.00 gallons per month at$3.25 per gallon 314.00 gallons x 12 months x $3.25 per gallon= $12,246 Office Supplies - $1,500 File supplies, printed forms, desk supplies, toner cartridges, batteries, CDR/DVD's, etc... Personal Liability Insurance - $1,000 annual premium for DTF Officers Postage- $150 Certified and overnight postage charges Surveillance Equipment Service Fees- $545 per year per GPS Tracker $545 per year x 3 GPS Trackers= $1,635 ,SgE sTAT A.g ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Edward Byrne Memorial N r Justice Assistance Grant JUSTICE ASSISTANCE GRANT(JAG) PROGRAM Page 12 of 26 ATTACHMENT D-1 BUDGET NARRATIVE Vehicle Insurance- $5,570 annual premium on DTF Vehicles Vehicle Maintenance -$7,500 Oil changes, brake jobs, tune-ups, tires, and other routine maintenance on DTF vehicles E. Professional/Contract Services- $179,230 Washington County Sherifrs Office- $60,788 Investigator Salary- $18.110 per hour x 2,080 hours = $37,669 FICA—7.65%x$37,669 annual salary= $2,882 Retirement— 12.54% x $37,669 annual salary=$4,724 Health Insurance - $215 per month x 12 months = $2,580 Worker's Compensation—3.36% x $37,669 annual salary=$1,265 Life Insurance- $150 annual premium for DTF Investigator Telephone- $100 per month x 12 months x 1 DTF Investigator— $1,200 Vehicle Insurance - $540 annual premium for DTF vehicle Fuel— 147.54 gallons per month x 12 months x $2.84 per gallon= $5,028 Vehicle Expense—routine vehicle maintenance= $4,750 Springdale Police Department- $66,609 - Investigator Salary-$23.25 per hour x 2,080 hours = $48,360 FICA—7.65% x $48,360 annual salary=$3,700 Health Insurance - $232.92 per month x 12 months= $2,795 Retirement— 13.92%x $48,360 annual salary=$6,732 Worker's Compensation- $540 annual premium for DTF Investigator Cellular Telephone-$103.46 per month x 12 months x 2 phones= $2,483 Fuel—58.69 gallons per month x 12 months x $2.84 per gallon=$2,000