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HomeMy WebLinkAbout2014-05-06 - Agendas - Final ALDERMEN CITY OF Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan1� Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Tay e ev 1 l Ward 2 Position 1—Mark Kinion Ci Clerk Sondra E. Smith V Ward 2 Position 2—Matthew Petty Ward 3 Position 1—Justin Tennant Ward 3 Position 2—Martin W. Schoppmeyer,Jr. ARKANSAS Ward 4 Position 1—Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting May 06, 2014 A meeting of the Fayetteville City Council will be held on May 06,2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements,Proclamations and Recognitions: 1. Annual Arkansas Recreation and Parks Association Annual Conference Awards: Volunteer Group of the Year—Disc Golf Club Volunteer of the Year—Diane Gaynor, Community Garden Leader Natural Resource Award—Lake Fayetteville Prairie Restoration Project City Council Meeting Presentations,Reports and Discussion Items: 1. Quarterly Financial Report-1st Quarter 2014,Paul Becker,Finance Director Agenda Additions: A. Consent: 1. Approval of the April 15, 2014 City Council meeting minutes. APPROVED Mailing Address: 113 W Mountain Street w viayetteville-argov Fayetteville, AR 72701 2. Animal Services Donation Revenue: A resolution to approve a budget adjustment in the total amount of$9,588.00 representing donation revenue to Animal Services for the first quarter of 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-14 3. 2014 Bulletproof Vest Partnership Program: A resolution to authorize a fifty percent (50%) matching grant application to the 2014 Bulletproof Vest Partnership Program seeking a grant in the amount of$42,000.00 for the replacement of body armor vests for Fayetteville Police Officers and Emergency Response Team Officers. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-14 4. Garver,LLC: A resolution to approve a professional engineering services agreement with Garver, LLC for surveying and design services related to the installation of a propane fueling system at the Happy Hollow maintenance site in the amount of $33,800.00, approving a project contingency of$3,380.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-14 5. Bid #10-47 King Electric Contractors: A resolution to authorize a contract with King Electrical Contractors in the amount of $37,770.00, pursuant to Bid #10-47, for the installation of LED trail light fixtures and light poles along the Tsa La Gi Trail, and to approve a ten percent(10%)project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-14 6. Bid#14-23 First Light and Whatley,Inc.: A resolution to authorize the purchase of LED trail light fixtures from First Light of Tulsa in the amount of$87,048.00 plus applicable sales tax, and to authorize the purchase of light poles from Whatley, Inc. in the amount of $29,744.00 plus applicable sales tax,pursuant to Bid#14-23, for installation along the Tsa La Gi Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-14 7. McClelland Consulting Engineers, Inc.: A resolution to authorize a professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of$371,396.00 for design and related services for improvements to Zion Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-14 8. Jorgensen and Associates, Inc.: A resolution to authorize a professional engineering services agreement with Jorgensen and Associates, Inc. in an amount not to exceed $387,000.00 for design and related services for the extension of Rupple Road from Persimmon Street to Martin Luther King, Jr. Boulevard. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-14 Mailing Address: 113 W Mountain Street w viayetteville-argov Fayetteville, AR 72701 9. Amend Resolution 218-13: A resolution to amend Resolution No. 218-13 to approve a change order and authorize a payment in the amount of $3,451.74 to Royal Communications, Inc. for Phase One of the Access Control Project;to authorize a payment of$25,459.11 to Royal Communications, Inc. for equipment already purchased for Phase Two; to cancel the existing contract with Royal Communications, Inc. for Phases Two and Three; to approve a contract with Electra Link, Inc. through RFP 13-11 for Phases Two and Three of the Access Control Project in the total amount of$42,206.00; to authorize a ten percent(10%)project contingency; and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-14 10. RJN Group, Inc.: A resolution to approve a contract with RJN Group, Inc. in the amount of$56,000.00 for professional engineering services, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-14 11. Whole Foods, Inc.: A resolution to express the City Council's intention to pay for the installation of a traffic signal at Masonic Drive and College Avenue if Whole Foods, Inc. constructs its store at this intersection and to approve a budget adjustment of$150,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-14 12. C112M Hill Engineers, Inc. Amendment No. 5: A resolution to approve Amendment No. 5 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. to increase the contract in the amount of$80,632.00 and approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 93-14 13. CH2M Hill Engineers, Inc.: A resolution to exercise a new five year option to renew the agreement for operations, maintenance and management services between the City of Fayetteville,Arkansas and CH2M Hill Engineers, Inc. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-14 14. Biobased Realty, LLC: A resolution to accept Biobased Realty, LLC's offer of $200,000.00 as satisfaction of the City's right to receive a portion of the increased sales price of the raw land sold to Biobased Realty, LLC if such land is sold within ten years. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 95-14 B. Unfinished Business: None Mailing Address: 113 W Mountain Street w viayetteville-argov Fayetteville, AR 72701 C. New Business: 1. Lose and Associates, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the agreement for professional landscape, architectural and engineering services with Lose and Associates, Inc. in the amount not to exceed $726,022.00 for design and construction documentation of the Regional Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 98-14 2. RZN 14-4659 (West Side of Beechwood and South of the Domain/Beechwood Properties): An ordinance rezoning that property described in rezoning petition RZN 14- 4659, for approximately 9.74 acres, located at the west side of Beechwood, south of the domain from I-1,Heavy Commercial/Light Industrial, to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5683 3. VAC 14-4655 (Southwest Corner of Razorback and 15t"/Razorback Student Housing): An ordinance approving VAC 14-4655 submitted by Crafton Tull for property located at the southwest corner of Razorback and 15`h Street to vacate a portion of a utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5684 4. VAC 14-4656 (2693 Valencia Ave./Riverwood Homes): An ordinance approving VAC 14-4656 submitted by Riverwood Homes for property located at 2693 Valencia Avenue to vacate a portion of a utility easement and drainage easement, a total of approximately 42 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5685 5. I-PZD 14-4662 Industrial Planned Zoning District (701 W. North): An ordinance establishing an Industrial Planned Zoning District titled I-PZD 14-4662, Project Corral, located at 701 W.North Street; containing approximately 0.76 acres; amending the official zoning map of the City of Fayetteville; and adopting the zoning criteria and Associated Master Development Plan. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5686 6. Environmental Consulting Operations, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for 2014 in the amount of$33,000.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5687 Mailing Address: 113 W Mountain Street w viayetteville-argov Fayetteville, AR 72701 7. City Council Support for Firefighters: A resolution to express the City Council's support of a legislative enactment to create a presumption that firefighters who develop certain forms of cancer developed those cancers through their work as firefighters. This item was moved from New Business #7 to New Business #2. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 97-14 8. Block Avenue Parking: A resolution to reaffirm the back-in parking design on Block Avenue between Dickson Street and Spring Street. This item was moved from New Business #8 to New Business #L PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 96-14 D. City Council Agenda Session Presentations: 1. Economic Development Quarterly Report—Chung Tan 2. Regional Park Update—Alison Jumper,Park Planning Superintendent 3. Land for Sale Adjacent to Gulley Park Presentation—Wade Colwell E. City Council Tour: F. Announcements: Adjournment: 8:20 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Mailing Address: 113 W Mountain Street wwwtayetteville-argov Fayetteville, AR 72701 Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant,etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Mailing Address: 113 W Mountain Street wwwtayetteville-argov Fayetteville, AR 72701 Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc.to be distributed to the City Council. If a member of the public wishes for the City Clerkto distribute materials to the City Council before its meeting,such materials should be supplied to the City Clerk office no later than 9:00 a.m.on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings,a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W.Mountain,Fayetteville,Arkansas. Mailing Addiess 113 W Mountain Street wwW tayettevi l l e-argov Fayetteville, AR 72701 City Council Meeting: May 6,2014 Adjourn: 8 ; ,Z® ?/K Subject: Roll Kinion Petty ✓ Tennant ✓ Schoppmeyer ✓ Adams ✓ n � Long ✓ wad Gras" a s Marsh ✓ Mayor Jordan ✓ Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: May 6,2014 Subject: Consent g 44 10 tv Kinion Petty f l'�oin�rin Tennant ✓ APPMOd Schoppmeyer i/ Adams Long OD-Id -IM) Marsh ✓ 116,,)4 Mayor Jordan 7-0 Subject: 13lmclance Nw Motion To: 0\444, 06� � Motion By: plttil Seconded: �n_ Kinion d/ i r uJed Petty e/ "v Tennant t/ NPS , Schoppmeyer c! Adams e/ Long Frray OI S Marsh mss° ( ! Mayor Jordan ? -4 City Council Meeting: May 6,2014 Subject: None Motion To: Motion By: Seconded: B 1 Kinion Unfinished Petty Business Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: May 6,2014 Subject: Lose and Associates,Inc. Amendment No. 1 Motion To: C. Motion By: Seconded: C. 1 Kinion r/ New Petty Business Tennant ,® Schoppmeyer Adams Long W° GFRY- Marsh ✓ Mayor Jordan Subject: RZN 14-4659 (West Side of Beechwood and South of the DomainBeechwood Properties) Motion To: Motion By: Seconded: T C 2 Kinion New Petty ✓ "� Business Tennant Schoppmeyer �' tm" ✓' p Adams ✓P ►v°O I Long 6"PJ6- Gids sews Marsh Mayor Jordan City Council Meeting: May 6, 2014 Subject: VAC 14-4655 (Southwest Corner of Razorback and 15th/Razorback Student Housing) gSeconded: cI nJ R n rd RIAd r , �ey�,lALIN �Gww lix ' C. 3 Kinion ✓ �/ j New Petty ✓ '� �/ Business Tennant / ✓ r/ Schoppmeyer ✓ ✓ f Adams ✓ Long d ✓ ✓ Cyr" Q bse, Ufa zc, - Q.�s Marsh ✓ ✓ ✓ (� Mayor Jordan Subject: VAC 14-4656 (2693 Valencia Ave./Riverwood�Homes) Motion To: A(IJ RQ-&A 3 V-d neck 1044.0- Motion By: Seconded: C. 4 Kinion ✓ ,/ New Petty ✓ ✓ '� Business Tennant ✓ ✓ '� Schoppmeyer ✓ '� ✓ yam( Adams ✓ ✓ ✓ Long ✓ ✓ .Y.- Marsh ✓ Mayor Jordan ?� � 'd 7 -0 City Council Meeting: May 6,2014 Subject: I-PZD 14-4662 Industrial Planned Zoning District (701 W. North) Motion To: c;41 3rd Motion By: Seconded: �� ma".4 C. 5 Vinion ✓ Loll' New Petty Business Tennant � Schoppmeyer ✓ ✓ Adams Long ✓ r GrOT Abse S Marsh ✓ (� Mayor Jordan Subject: Environmental Consulting Operations, Inc. Motion To: and ,pan 3yd Za Motion By: 1. 5"4pA Seconded: /fl C. 6 Kinion ✓ New Petty ✓ ® ✓ Business Tennant ✓ .� i Schoppmeyer ✓ " ✓ ASS¢ Adams ✓ ✓ °� Long Marsh ✓ "F °/' Mayor Jordan City Council Meeting: May 6,2014 Subject: City Council Support for Firefighters / t!V G � Motion To: KkAp- dv NB aJaneiien de. Motion By: Seconded: C. 7 Kinion New Petty Business Tennant Schoppmeyer Adams V -�. Long Gray- Marsh ,. Mayor Jordan T 7-0 Subject: Block Avenue Parkin Motion To: Motion By: Seconded: J n C. 8 Kinion New Petty Business Tennant /V rv�wRj +v Schoppmeyer N N 6 1 Adams v( Long /v GFRY Q,ls sit Marsh aMayor Jordan �,✓ 5 -3 M4r VOW Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith,City Clerk FROM: Kit Williams, City Attorney DATE: May 7,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of May 6, 2014 1. Animal Services Donation Revenue: A resolution to approve a budget adjustment in the total amount of$9,588.00 representing donation revenue to Animal Services for the first quarter of 2014. 2. 2014 Bulletproof Vest Partnership Program: A resolution to authorize a fifty percent (50%) matching grant application to the 2014 Bulletproof Vest Partnership Program seeking a grant in the amount of$42,000.00 for the replacement of body armor vests for Fayetteville Police Officers and Emergency Response Team Officers. 3. Garver,LLC: A resolution to approve a professional engineering services agreement with Garver, LLC for surveying and design services related to the installation of a propane fueling, system at the Happy Hollow maintenance site in the amount of $33,800.00, approving a project contingency of$3,380.00,and approving a budget adjustment. 4. Bid #10-47 King Electric Contractors: A resolution to authorize a contract with King Electrical Contractors in the amount of $37,770.00, pursuant to Bid 410-47, for the installation of LED trail light fixtures and light poles along the Tsa La Gi Trail, and to approve a ten percent(10%)project contingency. 5. Bid#14-23 First Light and Whatley,Inc.: A resolution to authorize the purchase of LED trail light fixtures from First Light of Tulsa in the amount of$87,048.00 plus applicable sales tax, and to authorize the purchase of light poles from Whatley, Inc. in the amount of $29,744.00 plus applicable sales tax,pursuant to Bid#14-23,for installation along the Tsa La Gi Trail. 6. McClelland Consulting Engineers, Inc.: A resolution to authorize a professional engineering services agreement with McClelland Consulting Engineers,Inc. in the amount of$371,396.00 for design and related services for improvements to Zion Road. 7. Jorgensen and Associates, Inc.: A resolution to authorize a professional engineering services agreement with Jorgensen and Associates, Inc. in an amount not to exceed $387,000.00 for design and related services for the extension of Rupple Road from Persimmon Street to Martin Luther King,Jr. Boulevard. 8. Amend Resolution 218-13: A resolution to amend Resolution No. 218-13 to approve a change order and authorize a payment in the amount of $3,451.74 to Royal Communications,Inc. for Phase One of the Access Control Project;to authorize a payment of$25,459.11 to Royal Communications, Inc. for equipment already purchased for Phase Two; to cancel the existing contract with Royal Communications, Inc. for Phases Two and Three; to approve a contract with Electra Link, Inc. through RFP 13-11 for Phases Two and Three of the Access Control Project in the total amount of$42,206.00; to authorize a ten percent(10%)project contingency;and to approve a budget adjustment. 9. RJN Group,Inc.: A resolution to approve a contract with RJN Group, Inc. in the amount of$56,000.00 for professional engineering services,and to approve a budget adjustment. 10. Whole Foods, Inc.: A resolution to express the City Council's intention to pay for the installation of a traffic signal at Masonic Drive and College Avenue if Whole Foods, Inc. constructs its store at this intersection and to approve a budget adjustment of$150,000.00. 11. C112M Hill Engineers, Inc. Amendment No. 5: A resolution to approve Amendment No. 5 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. to increase the contract in the amount of$80,632.00 and approve a budget adjustment. 12. CH2M Hill Engineers,Inc.: A resolution to exercise a new five year option to renew the agreement for operations, maintenance and management services between the City of Fayetteville,Arkansas and CH2M Hill Engineers, Inc. 13. Biobased Realty, LLC: A resolution to accept Biobased Realty, LLC's offer of $200,000.00 as satisfaction of the City's right to receive a portion of the increased sales price of the raw land sold to Biobased Realty, LLC if such land is sold within ten years. 14. Lose and Associates, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the agreement for professional landscape, architectural and engineering services with Lose and Associates, Inc. in the amount not to exceed $726,022.00 for design and construction documentation of the Regional Park. 15. Environmental Consulting Operations,Inc.: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for 2014 in the amount of$33,000.00. 16. City Council Support for Firefighters: A resolution to express the City Council's support of a legislative enactment to create a presumption that firefighters who develop certain forms of cancer developed those cancers through their work as firefighters. 17. Block Avenue Parking: A resolution to reaffirm the back-in parking design on Block Avenue between Dickson Street and Spring Street. 3 ALDERMEN CITY OF Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ik Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams a eel Ward 2 Position 1—Mark Kinion Ci Clerk Sondra E. Smith V Ward 2 Position 2—Matthew Petty tY Ward 3 Position 1—Justin Tennant Ward 3 Position 2—Martin W.Schoppmeyer,Jr. ARKANAS Ward 4 Position 1—Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting May 06, 2014 A meeting of the Fayetteville City Council will be held on May 06,2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements,Proclamations and Recognitions: 1. Annual Arkansas Recreation and Parks Association Annual Conference Awards: Volunteer Group of the Year—Disc Golf Club Volunteer of the Year—Diane Gaynor, Community Garden Leader Natural Resource Award—Lake Fayetteville Prairie Restoration Project City Council Meeting Presentations,Reports and Discussion Items: 1. Quarterly Financial Report-1st Quarter 2014,Paul Becker,Finance Director Agenda Additions: A. Consent: 1. Approval of the April 15,2014 City Council meeting minutes. Mailing Address: 113 W Mountain Street w viayetteville-argov Fayetteville, AR 72701 2. Animal Services Donation Revenue: A resolution to approve a budget adjustment in the total amount of$9,588.00 representing donation revenue to Animal Services for the first quarter of 2014. 3. 2014 Bulletproof Vest Partnership Program: A resolution to authorize a fifty percent (50%) matching grant application to the 2014 Bulletproof Vest Partnership Program seeking a grant in the amount of$42,000.00 for the replacement of body armor vests for Fayetteville Police Officers and Emergency Response Team Officers. 4. Garver,LLC: A resolution to approve a professional engineering services agreement with Garver, LLC for surveying and design services related to the installation of a propane fueling system at the Happy Hollow maintenance site in the amount of $33,800.00, approving a project contingency of$3,380.00, and approving a budget adjustment. 5. Bid #10-47 King Electric Contractors: A resolution to authorize a contract with King Electrical Contractors in the amount of $37,770.00, pursuant to Bid #10-47, for the installation of LED trail light fixtures and light poles along the Tsa La Gi Trail, and to approve a ten percent(10%)project contingency. 6. Bid#14-23 First Light and Whatley,Inc.: A resolution to authorize the purchase of LED trail light fixtures from First Light of Tulsa in the amount of$87,048.00 plus applicable sales tax, and to authorize the purchase of light poles from Whatley, Inc. in the amount of $29,744.00 plus applicable sales tax,pursuant to Bid#14-23, for installation along the Tsa La Gi Trail. 7. McClelland Consulting Engineers, Inc.: A resolution to authorize a professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of$371,396.00 for design and related services for improvements to Zion Road. 8. Jorgensen and Associates, Inc.: A resolution to authorize a professional engineering services agreement with Jorgensen and Associates, Inc. in an amount not to exceed $387,000.00 for design and related services for the extension of Rupple Road from Persimmon Street to Martin Luther King, Jr. Boulevard. 9. Amend Resolution 218-13: A resolution to amend Resolution No. 218-13 to approve a change order and authorize a payment in the amount of $3,451.74 to Royal Communications, Inc. for Phase One of the Access Control Project; to authorize a payment of$25,459.11 to Royal Communications, Inc. for equipment already purchased for Phase Two; to cancel the existing contract with Royal Communications, Inc. for Phases Two and Three; to approve a contract with Electra Link, Inc. through RFP 13-11 for Phases Two and Three of the Access Control Project in the total amount of$42,206.00; to authorize a ten percent(10%)project contingency; and to approve a budget adjustment. 10. RJN Group, Inc.: A resolution to approve a contract with RJN Group, Inc. in the amount of$56,000.00 for professional engineering services, and to approve a budget adjustment. 11. Whole Foods, Inc.: A resolution to express the City Council's intention to pay for the installation of a traffic signal at Masonic Drive and College Avenue if Whole Foods, Inc. constructs its store at this intersection and to approve a budget adjustment of$150,000.00. Mailing Address: 113 W Mountain Street w viayetteville-argov Fayetteville, AR 72701 12. C112M Hill Engineers, Inc. Amendment No. 5: A resolution to approve Amendment No. 5 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. to increase the contract in the amount of$80,632.00 and approve a budget adjustment. 13. CH2M Hill Engineers, Inc.: A resolution to exercise a new five year option to renew the agreement for operations, maintenance and management services between the City of Fayetteville,Arkansas and CH2M Hill Engineers,Inc. 14. Biobased Realty, LLC: A resolution to accept Biobased Realty, LLC's offer of $200,000.00 as satisfaction of the City's right to receive a portion of the increased sales price of the raw land sold to Biobased Realty, LLC if such land is sold within ten years. B. Unfinished Business: None C. New Business: 1. Lose and Associates, Inc. Amendment No. 1: A resolution to approve Amendment No. I to the agreement for professional landscape, architectural and engineering services with Lose and Associates, Inc. in the amount not to exceed $726,022.00 for design and construction documentation of the Regional Park. 2. RZN 14-4659 (West Side of Beechwood and South of the Domain/Beechwood Properties): An ordinance rezoning that property described in rezoning petition RZN 14- 4659, for approximately 9.74 acres, located at the west side of Beechwood, south of the domain from I-1,Heavy Commercial/Light Industrial, to CS, Community Services. 3. VAC 14-4655 (Southwest Corner of Razorback and 15th/Razorback Student Housing): An ordinance approving VAC 14-4655 submitted by Crafton Tull for property located at the southwest comer of Razorback and 15"' Street to vacate a portion of a utility easement. 4. VAC 14-4656 (2693 Valencia Ave./Riverwood Homes): An ordinance approving VAC 14-4656 submitted by Riverwood Homes for property located at 2693 Valencia Avenue to vacate a portion of a utility easement and drainage easement, a total of approximately 42 square feet. 5. I-PZD 14-4662 Industrial Planned Zoning District (701 W. North): An ordinance establishing an Industrial Planned Zoning District titled I-PZD 14-4662, Project Corral, located at 701 W.North Street; containing approximately 0.76 acres; amending the official zoning map of the City of Fayetteville; and adopting the zoning criteria and Associated Master Development Plan. 6. Environmental Consulting Operations,Inc.: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for 2014 in the amount of$33,000.00. Mailing Address: 113 W Mountain Street w viayetteville-argov Fayetteville, AR 72701 7. City Council Support for Firefighters: A resolution to express the City Council's support of a legislative enactment to create a presumption that firefighters who develop certain forms of cancer developed those cancers through their work as firefighters. 8. Block Avenue Parking: A resolution to reaffirm the back-in parking design on Block Avenue between Dickson Street and Spring Street. D. City Council Agenda Session Presentations: 1. Economic Development Quarterly Report—Chung Tan 2. Regional Park Update—Alison Jumper,Park Planning Superintendent 3. Land for Sale Adjacent to Gulley Park Presentation—Wade Colwell E. City Council Tour: F. Announcements: Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant,etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Mailing Address: 113 W Mountain Street wwwtayetteville-argov Fayetteville, AR 72701 Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc.to be distributed to the City Council. If a member of the public wishes for the City Clerkto distribute materials to the City Council before its meeting,such materials should be supplied to the City Clerk office no later than 9:00 a.m.on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings,a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W.Mountain,Fayetteville,Arkansas. Mailing Addiess 113 W Mountain Street wwW tayettevi l l e-argov Fayetteville, AR 72701 A. 11 Whole Foods, Inc. Page 1 of 2 April 24, 2014 To my fellow City Council members and Mayor Jordan, As you are all aware, Whole Foods has submitted plans to build a retail center in East Fayetteville near the new fly-over uptown area. They are proposing to occupy the area which is currently an abandoned car dealership that is sometimes used for overflow auto inventory from a neighboring dealership. It came to my attention that a traffic light is needed at the intersection of Masonic and College, which will serve as the primary way in and out of the proposed development. I believe the city should invest $150,000 to build the traffic light, which is the estimated cost. This partnership between the city and Whole Foods is important for our citizens both in the short team and long term. There are many reasons this traffic light should be built and paid for by the city. This$25 million investment of Whole Foods in Fayetteville is expected to create 140 jobs at the average annual wage of $40,000 each. The estimated total annual payroll is$5.6 million. The estimated average hourly wage exceeds$19.00 an hour. The sales tax revenue for the retail center is estimated to be between 800,000 and 1.2 million dollars annually. The traffic light is needed on that section of North College as stated by the State of Arkansas highway department letter you all have in your packet. I believe this will improve safety for the drivers and pedestrians in the area. Regarding the site itself, this real estate is one of the first things that visitors see as they enter our city from the 540/expressway. We have discussed on the council making North College a more beautiful and productive street, and I believe this development will be a tremendous improvement to what is there now. I want Fayetteville to be known as a city that is willing to help business thrive. I want to be sure we are looking for the right businesses to partner with, and Whole Foods is unquestionably one of those. It fits perfectly in Fayetteville, and we need to show we are truly a community and a partner in their business plans. The city will get a tremendous return on this investment for these and many other reasons for decades to come. Thank you. Justin Tennant Alderman,Ward 3 City of Fayetteville A. 11 Whole Foods, Inc. Page 2 of 2 A. 12 CH2M Hill Engineers, Inc. Amendment No.5 AMENDMENT NO.5 TO AGREEMENT Page 1 of 8 For OPERATIONS,MAINTENANCE,AND MANGEMENT SERVICES Between CITY OF FAYETTEVILLE,ARKANSAS AND CH2M HILL ENGINEERS,INC. THIS AMENDMENT NO. 5 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas, and CH2M Hill Engineers, Inc. to operate the City's Wastewater Treatment Facilities and other related systems dated December 15, 2009, (the "Agreement'), is made effective on the 6th day of May, 2014, by and between City of Fayetteville, Arkansas, acting by and through its Mayor and CH2M Hill Engineers, Inc., (hereinafter"CH2M HILL") NOW THEREFORE, the City of Fayetteville and CH2M HILL hereby amend the Agreement as follows: 1. The current Appendix C is deleted in its entirety and replaced with the amended Appendix C attached hereto. 2. The current Appendix D is deleted in its entirety and replaced with the amended Appendix D attached hereto. This Amendment No. 5 (together with the current, as amended Agreement) constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated otherwise,all other terms and condition of the Agreement and all earlier Amendments thereto shall remain in full force and effect. Neither this Amendment nor the Agreement may be further modified except in writing signed by an authorized representative of the Parties. IN FULL AGREEMENT WITH AMENDMENT NO. 5 stated above, authorized representatives or officers of the parties sign below to memorialize their consent and agreement. C112M HILL ENGINEERS,INC. CITY OF FAYETTEVILLE By: APPROVED: Ellin �W��"heeler IA Gt L �OmW Title:•ry�,yot niSlqyk(iVrA t(1(nna�,r By: Lioneld Jordan,Mayor Date: 23 flPl�tt, '�pt<i- Date: ATTEST: By: Sondra E. Smith,City Clerk/Treasurer A. 12 CH2M Hill Engineers, Inc. Amendment No.5 Appendix C Page 2 of 8 SCOPE OF SERVICES C.1 SCOPE OF SERVICES—CH2M HILL C.1.1 Perform professional services in connection with the Project as hereinafter stated. C.1.2 Operate and maintain all facilities over a 24-hour per day, 7-day per week period, under full service contract operations and maintenance. Operations may be performed with on site staff and/or remote monitoring/on-call services for all or portions of this time. C.1.3 Within the design capacity and capability of the Project, manage, operate, and maintain the Project so that effluent discharged from the Project meets the requirements specified in Appendix F. C.1.4 Operate and maintain the present Industrial Pretreatment Program including all monitoring, inspections, sampling, testing,reporting,and record keeping as described in Appendix G. Results of all industrial sampling and testing shall be made available to City of Fayetteville as requested. C.1.5 Provide all Maintenance for the Project. Document as required to continue existing maintenance program and to provide City of Fayetteville requested reporting, including but not limited to updated preventative maintenance schedules. City of Fayetteville shall have full access to preventative maintenance records. C.1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agreement. C.1.7 Staff the Project with a minimum of three(3)Arkansas Class IV Wastewater licensed operators. C.1.8 Prepare all NPDES permit reports, letters, or other correspondence, and submit these to City of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by C112M HILL, except for electronic reporting via NETDMR. Any fines levied because of late reports as a result of C112M HILL's failure to complete and allow sufficient time for City of Fayetteville's signature and transmittal shall be paid by CH2M HILL. Submittal to the City of Fayetteville by the 15"of the month following the reporting period shall be considered timely. C.1.9 Provide for proper disposal of screening, scum, grit, and biosolids in compliance with permit and regulatory requirements, as long as a suitable location for such disposal is reasonably available. Should regulations and/or disposal/application options significantly change, projected costs will be revised by mutual agreement. C.1.10 Provide all manufacturers' warranties on new equipment purchased by the City of Fayetteville and assist the City of Fayetteville in enforcing existing equipment warranties and guarantees. C.1.11 Be responsible for all laboratory testing and sampling presently required by the NPDES permits, stonnwater permits,"no discharge"permits,and other related requirements. C.1.12 Provide an inventory of vehicles and equipment (rolling stock) that are being used at the Project at the beginning of each contract year. C.1.13 Provide twenty four(24)hour per day access to Project for City of Fayetteville's personnel.Visits may be made at any time by any of City of Fayetteville's employees so designated by City of A. 12 CH2M Hill Engineers, Inc. Amendment No.5 Fayetteville's representative. Keys for Project shall be provided to City of Fayetteville by CH2Nrpage s of 8 HILL. All visitors to the Project shall comply with C112M HILL's operating and safety procedures. C.1.14 Provide for the maintenance of existing City of Fayetteville rolling stock such as dump trucks, tractors, and trailers that are necessary for the operations and maintenance of the facilities. C.1.15 Provide training for personnel in areas of operation, maintenance, safety, supervisory skills, laboratory, and energy management. Continue the current project safety program with updates as necessary. C.1.16 Provide computerized maintenance,process control, and laboratory management systems. C.1.17 Comply with the requirements of City of Fayetteville regarding affirmative action provisions for minority hiring. C.1.18 Provide City of Fayetteville with a full accounting of all expenditures at intervals and in sufficient detail as may be determined by City of Fayetteville and assist City of Fayetteville in preparation of annual operating budgets. City of Fayetteville shall be allowed to conduct or have conducted audits of all accounting records related to the direct contract operations of this Agreement at times to be determined by City of Fayetteville. C.1.19 Provide City of Fayetteville with full documentation that preventative maintenance is being performed on all City of Fayetteville equipment in accordance with manufacturer's recommendations at intervals and in sufficient detail as may be determined by City of Fayetteville. Maintenance program shall include documentation of corrective and preventive maintenance and a spare parts inventory. C.1.20 Provide for repairs as described in the Appendix B.11. C.1.21 Maintain the SCADA system as described in Appendix E, to include ongoing updates and upgrades of the software and hardware to ensure operational continuity and in accordance with initiatives as agreed upon by the City of Fayetteville and C112M HILL. C.1.22 Verify the capacity and efficiency of each sewer lift station once a year. C.1.23 Provide recommendations for Capital Improvements Program (CIP) with a schedule for improvements and expenditures as requested by the City of Fayetteville. A five (5) year schedule will be presented for all capital improvements and ten (10) year projections will be made for major improvements. These recommendations will be based on requirements determined from facility operations and do not include detailed engineering studies. In addition, C112M HILL will prepare the required forms and documentation required during budget and capital improvements budget preparation time each year. Except for the improvements requiring an engineering study, the following will be included for each project: • Improvement needed • Justification of improvements • Cost of improvements • Any projected increase or decrease in O&M costs created by the CIP • Proposed expenditure schedule • Proposed capital recovery schedule • Impact of early termination A. 12 CH2M Hill Engineers, Inc. Amendment No.5 C.1.24 Perform other services that are related to but not part of the Scope of Services upon writteIPage 4 of 8 notification by City of Fayetteville. Such services will be invoiced to City of Fayetteville at CH2M HILL's cost plus eighteen percent(18%). C.1.25 At the direction of the City of Fayetteville, CH2M HILL is authorized to act in emergency situations outside this Scope of Services, at CH2M HILL's discretion. The costs related to emergency services are not included in the compensation set forth in this Agreement. CH2M HILL will notify City of Fayetteville as soon as reasonably possible, and shall be compensated by City of Fayetteville for any such emergency work at CH2M HILL's costs for the emergency work plus twenty-two percent(22%). C.1.26 Provide City of Fayetteville with oral and written reports as requested. C.1.27 Operate and maintain all existing wastewater lift station facilities including buildings, grounds, backup power generators, and certain other appurtenances within the site fenced area. However, maintenance of inlet and outlet pipeworks shall terminate at the wall of lift station. Should the City of Fayetteville add in excess of three (3) additional lift stations, from the prior contract year's number of sites, a corresponding change of scope will be negotiated. C.1.28 Conduct annual electrical evaluations of electrical units of 25 horsepower or more which operate at supply voltages of 480V or less to ground. C.1.29 CH2M HILL will comply with present federal, state, and local laws in performing their obligations under the terms of this Agreement. CH2M HILL and City of Fayetteville will work cooperatively regarding the application and impact of potential changes in law, including the potential cost impact on the scope of work, and mutually revise this Agreement as applicable. C.1.30 Coordinate and schedule the use of training rooms at both wastewater treatment facilities. C.1.31 Conduct community outreach and education activities including cooperative efforts with the University of Arkansas as appropriate. C.1.32 Maintain compliance with other existing environmental permits as described in Appendix F. C.1.33 Maintain the industrial surcharge program and provide for monitoring and control of septage deliveries, as provided for in the City of Fayetteville's Code of Ordinances, Discharge and Pretreatment Regulations. C.1.34 The parties contemplate that minor design/engineering services may be provided by CH2M HILL from time to time. The scope and compensation for such services shall be mutually negotiated by the parties prior to the commencement of work. C.1.35 Operate and maintain the ongoing nutrient removal efforts at the City of Fayetteville's Biosolids Management Site, including managing harvesting and marketing the hay produced on the site. Biosolids Management Site maintenance shall also include compliance with the current "no discharge"permit. C.1.36 Operate and maintain existing onsite power generators at all existing sites, including maintaining compliance with off-peak power rate structure monitoring and generation requirements. C.1.37 Operate and maintain the biosolids drying operation, which includes 6 solar houses and a thermal biosolids dryer. A. 12 CH2M Hill Engineers, Inc. Amendment No.5 C.1.38 Coordinate the marketing and/or disposal of the dried biosolids produced from the dryingPage 5 of 8 operations as appropriate. C.1.39 Coordinate the application of alum sludge from Beaver Water District and invoicing for the services as appropriate. C.1.40 Check the condition of and replace the odor canisters that are part of the air release valves in the collection system, as needed. The mechanical condition of these valves will be maintained by the Fayetteville Water and Sewer Division. C.1.41 Provide site monitoring activities as directed for Woolsey Wet Prairie to assure that the site continues to meet ecological performance standards. C.1.42 Provide maintenance to the White River streambank restoration site near the Biosolids Management Site, as contract budget allows. C.1.43 Provide civil engineering and other engineering and project coordination related services in support of the City's Utility Department equivalent to at least one full-time employee. C.2 SCOPE OF SERVICES—CITY OF FAYETTEVILLE C.2.1 Provide for all Capital Expenditures except for the Projects that City of Fayetteville may authorize C112M HILL to implement subject to mutually agreeable terms and conditions of repayment. C.2.2 Maintain all existing and necessary Project warranties, guarantees, easements, permits, and licenses that have been granted to City of Fayetteville with the provison that C112M HILL remains primarily responsible to ensure that the wastewater plants are efficiently, properly and professionally operated so that they will not suffer a loss of permits or licenses. C.2.3 Pay all property or other taxes or franchise fees associated with the Project. This excludes taxes to be borne by C112M HILL for equipment owned by C112M HILL. C.2.4 May provide CH2M HILL within a reasonable time after request any piece of City of Fayetteville's heavy equipment, subject to availability, so that C112M HILL may fulfill its obligations under this Agreement in the most cost-effective manner. C.2.5 Provide all licenses for vehicles used in connection with the Project. C.2.6 Provide for C112M HILL's use all vehicles and equipment presently in use at the Project, including the vehicles described in Appendix H. C.2.7 Pay for all wastewater lift station utilities,with the exception of electricity. C.2.8 Pay for all gasoline, diesel, and propane for backup power generators and all rolling stock provided by City of Fayetteville, except for the biosolids semi-tractors. C.2.9 Pay for all regulatory fees.