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Home My WebLink About2009-01-06 - Agendas - Final Aldermen Mayor Lioneld JordanC Ward 1 Position 1—Adella Gray /'1 f'G\ Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams V Ward 2 Position 1 —Kyle B.Cook "'FayWard 2 Position 2—Matthew Petty City Clerk Sondra Smith ARKANSAS Ward 3 Position l—Robert K.Rhoads Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 6, 2009 A meeting of the Fayetteville City Council will be held on January 6, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Oaths of Office: The following elected officials were sworn in by The Honorable Rudy Moore, Jr.: Brenda Thiel Alderman Ward 1 Matthew Petty Alderman Ward 2 Robert Ferrell Alderman Ward 3 Sarah E. Lewis Alderman Ward 4 Sondra E. Smith City Clerk/Treasurer Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Election of Vice Mayor: Alderman Brenda Thiel was appointed Vice Mayor. 2. Report on the Firemen's and Policemen's Pension and Relief Fund—Mayor 3. Housing Authority Board Appointment: Confirmed appointment of Beautiful Gibson 4. Advertising and Promotion Commission Appointment: Appointed Lioneld Jordan and Robert Rhoads. Agenda Additions: None. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org A. Consent: 1. Approval of the December 2, 2008 and December 16, 2008 City Council meeting minutes. APPROVED. 2. Bid # 08-71 Golden Circle Ford: A resolution awarding Bid# 08-71 and approving the purchase of one (1) sign body truck with crane from Golden Circle Ford of Jackson, Tennessee in the amount of $73,582.00 for use by the Transportation/Traffic Division, such approval being contingent upon the sign body meeting the required specifications. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 01-09 3. Bid # 08-72 Honda of Fayetteville: A resolution awarding Bid # 08-72 and approving the purchase of two (2) Honda Elements from Honda of Fayetteville in the amount of $38,516.00 for use by the Parks & Recreation and Community Resources/Code Compliance Divisions. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND TABLED INDEFINITELY. 4. McKinney Dodge: A resolution approving the purchase of two (2) Dodge Charger Police Pursuit Sedans from McKinney Dodge of McKinney, Texas through the state vehicle purchase contract in the amount of $20,318.00 each plus approximately $7,000.00 per unit for up-fit items. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 02-09. 5. Patrick J. Tobin Revocable Trust: A resolution authorizing the Mayor to sign a quit- claim deed of approximately 5.51 acres to the Patrick J. Tobin Revocable Trust to correct a previously recorded Warranty Deed. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 03-09. 6. Greenland Sewer Service: A resolution to approve a two year agreement to continue sewer service for Greenland. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 04-09. 7. Local Police and Firemen's Pension Programs: A resolution to request legislation to fully and fairly fund Local Police and Firemen's Pension Programs. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 05-09. B. Unfinished Business: 1. Park West, LLC Cost Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Park West, LLC in the amount of$2,157,000.00 for the upgrade of the future location of Highway 112 through 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Phase 1 of the Park West Development from two lanes to a four-lane boulevard. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting. Left on the Second Reading THIS ITEM WAS LEFT ON THE THIRD READING OF THE ORDINANCE AND TABLED TO THE JANUARY 20, 2009 CITY COUNCIL MEETING. 2. I-PZD 08-3062 (Westside Storage): An ordinance establishing an Industrial Planned Zoning District Titled I-PZD 08-3062 Westside Storage, located at 1192 North Rupple Road, containing approximately 0.77 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting and Tabled to the January 6, 2009 City Council meeting. Left on the Second Reading THE CONDITIONS OF APPROVAL, NO. 3 AND NO. 7 WERE AMENDED, PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5210. 3. Villas at Stonebridge Appeal: An ordinance establishing a Residential Planned Zoning District Titled R-PZD 06-2170, Villas at Stonebridge, located south of Highway 16 East and east of Goff Farm Road; containing approximately 53.03 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting. Left on the Second Reading. THIS ITEM WAS TABLED TO FEBRUARY 3, 2009 CITY COUNCIL MEETING. 4. VAC 08-2982 (Markham Hill Cottage Courts): An ordinance approving VAC 08- 2982 submitted by Northstar Engineering Consultants, Inc. for property located north of Maine Street, between Sang Avenue and Cross Avenue to vacate portions of two alleys, a total of 0.30 acres, in order to develop the Markham Hill Cottage Courts. This ordinance was left on the First Reading at the December 16, 2008 City Council meeting. Left on the First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5211. 5. Smith Communications, LLC: A resolution to approve a lease agreement with Smith Communications, LLC for a cell tower at the Township Water Tank Site. This resolution was tabled at the December 16, 2008 City Council meeting to the January 6, 2009 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 06-09. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. New Business: 1. Goodwin & Goodwin, Inc: A resolution approving a contract with Goodwin & Goodwin, Inc. in the amount of $1,543,600.00 for construction services for tieover and cutover of the West Side Wastewater Collection System, WSIP Subproject WL-9, Bid # 0863; and approving a 5%project contingency in the amount of$77,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 07-09. 2. Decco Contractors-Paving, Inc: A resolution approving a contract with Decco Contractors-Paving, Inc. in the amount of $2,467,237.77 for construction of improvements to Mount Comfort Road from I-540 to Alpine Avenue; and approving a 10%project contingency in the amount of$246,724.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 08-09. Announcements: 1. City Council Tour: January 05, 2009 4:30 PM Adjournment: Meeting adjourned at 7:30 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: JanL__.\y 6, 2009 : .� journ: 7:30 PM Subject: Roll Rhoads Alderman Ferrell Gray Lucas was Lewis Absent Gray Absent Thiel Cook Petty Mayor Jordan 8-0 Subject: Vice Mayor Motion To: Robert Rhoads Nominated: Brenda Thiel Shirley Lucas Nominated: Bobby Ferrell Motion By: Seconded: Rhoads Thiel Alderman Ferrell Ferrell Thiel Lucas Ferrell was Lewis Thiel Elected Gray Absent as Thiel Thiel Vice Mayor Cook Ferrell Petty Thiel Mayor Jordan Thiel - 4 Ferrell - 3 City Council Meeting: Jai. ..ary 6, 2009 Subject: Housing Authority Appointment Motion To: Appoint: Beautiful Gibson Motion By: Cook Seconded: Lucas Rhoads Approved Ferrell Lucas Lewis Gray Absent Thiel Cook Petty J Mayor Jordan 7-0 Subject: Advertising and Promotion Commission Appointments Motion To: Appoint: Lioneld Jordan and Robert Rhoads Motion By: Ferrell Seconded: Cook Rhoads Ferrell Lucas J Lewis Gray Absent Thiel Cook Petty Mayor Jordan 7-0 1 City Council Meeting: Jak.__ary 6, 2009 Subject: Remove: A.3. Bid # 08-72 Honda of Fayetteville: Motion To: Table Indefinitely Motion By: Ferrell Seconded: Cook Rhoads Removed Ferrell from Lucas Consent Lewis Gray Absent Table Thiel J Indefinitely Cook Petty Mayor Jordan 7-0 Subject: Consent Motion To: Approve Motion By: Lucas Seconded: Cook Rhoads Item # 3 Ferrell Removed Lucas Lewis Consent Gray Absent Approved Thiel J Cook Minutes Petty Approved Mayor Jordan 7-0 City Council Meeting: :nuary 6, 2009 Subject: Park West, LLC Cost Share Motion To: 3rd Read Table to January 20, 2009 Motion By: Ferrell Petty Seconded: Petty Lucas B. 1 Rhoads Unfinished Ferrell Business Lucas Lewis Left on the Gray Absent Absent Third Thiel Reading Cook Tabled to Petty January 20, 2009 Mayor Jordan 7-0 7-0 Subject: I-PZD 08-3062 (Westside Storage) 3rd Read Amend Condition Amend Condition Pass Motion To: of Approval # 3 of Approval # 7 Motion By: Ferrell Lucas Thiel Seconded: Lucas Lewis Lucas B 2 Rhoads Unfinished Ferrell a/ Business Lucas Lewis Gray Absent Absent AbsentSP�u Passed Thiel Cook Petty Mayor Jordan 7-0 7-0 7-0 7-0 City Council Meeting: Anuary 6, 2009 Subject: Villas at Stonebridge Appeal Motion To: Table to February 3, 2009 Motion By: Seconded: Q,Q B 3 Rhoads Unfinished Ferrell Business Lucas Lewis Tabled to Gray Absent February 2, 2009 Thiel Cook Petty _ Mayor Jordan 7-0 Subject: VAC 08-2982 (Markham Hill Cottage Courts) 2nd Read Amend to Adopt 3rd Read Pass Motion To: Amended Exhibits Motion By: q y Seconded: B 4 Rhoads Unfinished Ferrell J Business Lucas J J J Lewis Gray Absent Absent Absent Absent Passed Thiel J Cook J Petty J Mayor Jordan 7-0 7-0 7-0 7-0 City Council Meeting: Jam- 6, 2009 Subject: Smith Communications, LLC Amend: $750 per month Amend: Remove Sub- Table until after Telecom Motion To: plus 25% of the Revenue Section A - Revenue Board Reviews of Additional Carriers Sharing Motion By: Ferrell Cook Petty Seconded: No Second Thiel Rhoads B. 5 Rhoads Failed for No Unfinished Ferrell Lack of a Business Lucas Second No No Lewis No No Gray Absent Absent Thiel No Cook ,J No Petty No �l Mayor Jordan Failed for lack of a 3-4 - Failed 3-4 - Failed Second Subject: Smith Communications, LLC Amend to $850 monthly Pass Motion To: and 25% of the Revenue of Additional Carriers Motion By: Rhoads Thiel Seconded: Ferrell Ferrell Rhoads J Ferrell J Passed Lucas No Lewis No ,l Gray Absent Absent Thiel Cook �j Petty 0 Mayor Jordan 5-2 7- 0 City Council Meeting: Jai. _.A)ry 6, 2009 Subject: Goodwin & Goodwin, Inc. Motion To: Approve Motion By: Seconded: CA Rhoads � New Ferrell J Business Lucas Lewis Absent Gray Passed Thiel Cook Petty 7,0c1 Mayor Jordan 7-0 Subject: Decco Contractors-Paving, Inc. Motion To: Approve Motion By: Ferrell Seconded: Lucas C 2 Rhoads New Ferrell J Business Lucas Lewis Gray Absent Passed Thiel Cook Petty [Mayor Jordan 7-0 Aldermen Mayor Lioneld JordanC Ward 1 Position 1—Adella Gray �j T� Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams �YJ Ward 2 Position 1 —Kyle B.Cook 'OrayeWard 2 Position 2—Matthew Petty City Clerk Sondra Smith ARKANSAS Ward 3 Position l—Robert K.Rhoads Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 6, 2009 A meeting of the Fayetteville City Council will be held on January 6, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Oaths of Office: Brenda Thiel Alderman Ward 1 Matthew Petty Alderman Ward 2 Robert Ferrell Alderman Ward 3 Sarah E. Lewis Alderman Ward 4 Sondra E. Smith City Clerk/Treasurer Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Election of Vice Mayor: 2. Report on the Firemen's and Policemen's Pension and Relief Fund—Mayor 3. Housing Authority Board Appointment 4. Advertising and Promotion Commission Appointment Agenda Additions: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org A. Consent: 1. Approval of the December 2, 2008 and December 16, 2008 City Council meeting minutes. 2. Bid # 08-71 Golden Circle Ford: A resolution awarding Bid# 08-71 and approving the purchase of one (1) sign body truck with crane from Golden Circle Ford of Jackson, Tennessee in the amount of $73,582.00 for use by the Transportation/Traffic Division, such approval being contingent upon the sign body meeting the required specifications. 3. Bid # 08-72 Honda of Fayetteville: A resolution awarding Bid # 08-72 and approving the purchase of two (2) Honda Elements from Honda of Fayetteville in the amount of $38,516.00 for use by the Parks & Recreation and Community Resources/Code Compliance Divisions. 4. McKinney Dodge: A resolution approving the purchase of two (2) Dodge Charger Police Pursuit Sedans from McKinney Dodge of McKinney, Texas through the state vehicle purchase contract in the amount of $20,318.00 each plus approximately $7,000.00 per unit for up-fit items. 5. Patrick I Tobin Revocable Trust: A resolution authorizing the Mayor to sign a quit- claim deed of approximately 5.51 acres to the Patrick J. Tobin Revocable Trust to correct a previously recorded Warranty Deed. 6. Greenland Sewer Service: A resolution to approve a two year agreement to continue sewer service for Greenland. 7. Local Police and Firemen's Pension Programs: A resolution to request legislation to fully and fairly fund Local Police and Firemen's Pension Programs. B. Unfinished Business: 1. Park West, LLC Cost Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Park West, LLC in the amount of$2,157,000.00 for the upgrade of the future location of Highway 112 through Phase 1 of the Park West Development from two lanes to a four-lane boulevard. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting. Left on the Second Reading 2. I-PZD 08-3062 (Westside Storage): An ordinance establishing an Industrial Planned Zoning District Titled I-PZD 08-3062 Westside Storage, located at 1192 North Rupple Road, containing approximately 0.77 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting and Tabled to the January 6, 2009 City Council meeting. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Left on the Second Reading 3. Villas at Stonebridge Appeal: An ordinance establishing a Residential Planned Zoning District Titled R-PZD 06-2170, Villas at Stonebridge, located south of Highway 16 East and east of Goff Farm Road; containing approximately 53.03 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting. Left on the Second Reading 4. VAC 08-2982 (Markham Hill Cottage Courts): An ordinance approving VAC 08- 2982 submitted by Northstar Engineering Consultants, Inc. for property located north of Maine Street, between Sang Avenue and Cross Avenue to vacate portions of two alleys, a total of 0.30 acres, in order to develop the Markham Hill Cottage Courts. This ordinance was left on the First Reading at the December 16, 2008 City Council meeting. Left on the First Reading 5. Smith Communications, LLC: A resolution to approve a lease agreement with Smith Communications, LLC for a cell tower at the Township Water Tank Site. This resolution was tabled at the December 16, 2008 City Council meeting to the January 6, 2009 City Council meeting. C. New Business: 1. Goodwin & Goodwin, Inc: A resolution approving a contract with Goodwin & Goodwin, Inc. in the amount of $1,543,600.00 for construction services for tieover and cutover of the West Side Wastewater Collection System, WSIP Subproject WL-9, Bid # 0863; and approving a 5%project contingency in the amount of$77,000.00. 2. Decco Contractors-Paving, Inc: A resolution approving a contract with Decco Contractors-Paving, Inc. in the amount of $2,467,237.77 for construction of improvements to Mount Comfort Road from I-540 to Alpine Avenue; and approving a 10%project contingency in the amount of$246,724.00. Announcements: 1. City Council Tour: January 05, 2009 4:30 PM Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Housing Authority Appointment Page 1 of 2 FAYETTEVILLE HOUSING AUTHORITY #1 North School Ave. Fayetteville, AR 72701-5928 PH: (479) 521-3850 FAX: (479) 442-6771 E-MAIL: fayettevillehana moregti.net December 19, 2008 Mayor Dan Coody& Fayetteville City Council Members City of Fayetteville 113 W. Mountain St. Fayetteville,AR 72701 Dear Mayor Dan Coody&Fayetteville City Council Members: This letter is to confirm that the Fayetteville Housing Authority's Board has elected a new commissioner at its December 16'h,2008, Regular Board Meeting. The new Commissioner for the Fayetteville Housing Authority Board is Beautiful Gibson. Her term will begin December 281h,2008 and end on December 28, 2013. The Fayetteville Housing Authority Board requests that this newly elected commissioner(Beautiful Gibson)be placed on the next City Council Meeting Agenda to be formally confirmed by the municipality's governing body in accordance with the Arkansas State Statue 414-169-208. If you have any questions,please feel free to call or a-mail. Sincerely yours, Fredia Sawin Executive Director fs Housing Authority Appointment Page 2 of 2 Advertising and Promotion Commission Page 1 of 2 layve e. Tl le City Clerk Division ARKANSAS Departmental Correspondence To: Mayor Elect Lioneld Jordan City Council From: Sondra E. Smith, City Clerk/Treasurer / J Date: December 30, 2008 Subject: Advertising and Promotion Commission The City Council will need to appoint at least one member of the governing body of the City to the Advertising and Promotion Commission. Mayor Dan Coody and Robert Rhoads are currently serving in the two positions that are selected by the governing body. This appointment needs to be made at the January 6, 2009 City Council meeting. Below is the information from the Advertising and Promotion Board. MEMBERS: The Commission shall be composed of seven members as follows: • Four members shall be owners or managers of businesses in the tourism industry (at least three must be owners or managers of hotels, motels, restaurants, or other . establishments engaged in the business of selling food for consumption on premises). • Two members shall be members of the governing body of the City and selected by the governing body and shall serve at the will of the governing body. ■ One member shall be from the public at large. APPOINTMENT: Vacancies on the Commission whether resulting from expiration of a regular term or otherwise, in any of the four tourism industry positions or the at-large position shall be filled by appointment made by the remaining members of the Commission, with the approval of the governing body of the City. Advertising and Promotion Commission Page 2 of 2 A.F Sewer Service U'✓ pe 1 of 4 C� RESOLUTION NO. A RESOLUTION TO APPROVE A TWO YEAR AGREEMENT TO CONTINUE SEWER SERVICE FOR GREENLAND WHEREAS, the Fayetteville-Greenland Sewer Contract entered into on December 21, 1993,officially expires after December 21, 2008; and WHEREAS, only a short (one year) extension of this Sewer Contract is needed before the anticipated acquisition of Greenland's sewer system into the Fayetteville sewer system can be accomplished. 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 approves the attached Two Year Agreement to Continue Sewer Service For Greenland and authorizes Mayor Jordan to execute this contract. PASSED and APPROVED this 61h day of January, 2009. APPROVED: ATTEST: L By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.6 Greenland Sewer Service Page 2 of 4 TWO YEAR AGREEMENT TO CONTINUE SEWER SERVICE BY FAYETTEVILLE FOR GREENLAND Come now the City of Fayetteville and the City of Greenland and agree to a two year sewer contract for the period of January 6, 2009 until January 5, 2011. The cities agree as follows: 1. Fayetteville agrees that it will continue to operate and maintain the Greenland sewer system and shall treat all wastewater collected within the Greenland city limits (but only for customers who have individual water services provided by Fayetteville). Sewer service to Greenland residents not having Fayetteville water service may be furnished provided mutual agreement on the method of billing such customers can be reached by Fayetteville and Greenland. 2. Greenland agrees that it will require its citizens receiving Fayetteville water service to purchase sewer service from Fayetteville under the same sewer availability criteria as required of Fayetteville citizens. Greenland agrees that its citizens will be subject to pay sewer rates on a cost-of-service basis pursuant to the current sewer service rates adopted by the Fayetteville City Council (§51.137 of the Code of Fayetteville) and any amendments approved thereto. 3. Greenland agrees that it will require its citizens (by'ordinance or otherwise adopted no later than March 31, 2009) receiving new sewer service from Fayetteville to pay sewer impact fees to Fayetteville in the same amount as new development in Fayetteville pays pursuant to the current ordinance and any amendments to §159.02 Water and Wastewater Impact Fees of the Unified Development Code of Fayetteville. 4. Paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21 and 22 of the 1993 Fayetteville - Greenland Sewer Contract are adopted and incorporated herein as if set forth word for word. 5. Fayetteville and Greenland anticipate that the City of Fayetteville shall either assume ownership and operation of the Greenland sewer system in 2009-2010 or that another, long-term Fayetteville - Greenland A.6 Greenland Sewer Service Page 3 of 4 Sewer Contract shall be adopted in 2010 in which Fayetteville will agree to continue to operate and maintain the sewer system within and serving Greenland residents. IN AGREEMENT WITH ALL PROMISES, OBLIGATIONS AND TERMS STATED ABOVE, the Mayors of the Cities of Fayetteville and Greenland have signed below after having been properly authorized by their respective City Councils. CITY OF FAYETTEVILLE CITY OF GREENLAND By: By: LIONELD JORDAN, Mayor JOHN GRAY, Mayor ATTEST: ATTEST: By: By: Sondra E. Smith, City Clerk Donna Cheevers, City Clerk Date: Date: A.6 Greenland Sewer Service Page 4 of 4 A.7 Local Police and Firemen's Pension Programs Page 1 of 2 IL,1-t�j4..a; 6ii�l7 C7 r�. r RESOLUTION NO. A RESOLUTION TO REQUEST LEGISLATION TO FULLY AND FAIRLY FUND LOCAL POLICE AND FIREMEN'S PENSION PROGRAMS WHEREAS, A.C.A. §24-11-301 and §24-11-809 provide funding from state insurance premium taxes for Local Police and Firemen's Pension Programs; and WHEREAS, in recent years the premium tax has not been sufficient to fully and fairly fund all LOPFI programs in all Arkansas cities resulting in some cities and towns having to contribute substantial amounts from general operating monies. In fiscal 2007,the state kept almost$12 million of the premium tax which,with increased retirement demands,resulted in a LOPFI shortfall of$22 million;and WHEREAS,there is urgent need for increased revenues and a fair allocation of the available funds. 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 requests that the State Legislature determine and declare that all of the two-thirds portion of the collected premium tax of A.C.A. §24-11-301, without deduction, be used for LOPFI. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the State Legislature increase the insurance premium tax from 2.5%to 3.00%with all this increase to be allocated to LOPFI. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests that the State Legislature refrain from passing unfunded mandates, but rather fully fund any future mandates out of state revenues. PASSED and APPROVED this 6°i day of January, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH,City Clerk/Treasurer A.7 Local Police and Firemen's Pension Programs - Page 2 of 2 B.4 VAC 08-2982(Markham Hill Cottage Courts) Page I of 4 ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-2982 SUBMITTED BY NORTHSTAR ENGINEERING CONSULTANTS, INC. FOR PROPERTY LOCATED NORTH OF MAINE STREET, BETWEEN SANG AVENUE AND CROSS AVENUE TO VACATE A PORTION OF AN ALLEY, A TOTAL OF 0.21 ACRES, IN ORDER TO DEVELOP THE MARKHAM HILL COTTAGE COURTS. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted alley is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described alley: See Exhibit"B"attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. The alley shall not be vacated until new streets and easements for the Markham Hill Cottage Courts project have been dedicated by easement plat to the satisfaction of utility companies and the City. 2. Relocation of any existing facilities will be at the owner/developer's expense. B.4 VAC 08-2982(Markham Hill Cottage Courts) Page 2 of 4 Page 2 Ord. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: DAN COODY,Mayor SONDRA E. SMITH, City Clerk/Treasurer B.4 VAC 08-2982(Markham EXHIBIT. "A" Hill Cottage Courts) —•-- O � W ON0 CD � N I I li N z i V n ) � ai. .WSI SOY V O 1 I Fb i r o') 1 I ; Z.1 n o 1 z 000 N HN za z n U ��to a i l 1 o z Q aS Z l _ W U >00Q n rn tIl o � a00 w I Q o to m III C9 J z LL W JT�Q a n a III O N -�/" • u LLJ n O UU M --a I 102 z I..L —J N a C- 1 I vi G ryy�� f ZZ ¢F } t3J v Y6O2 Z. d m XU Ln t I O Oj��ZO WO a III yy WO 0, J O�Zo fiOmzUpa a O3 pLLI ,^a n I I ry Fa $ zwtt--z' r ® Z o �- W x v z.- m .(CL O Z r W i,wryf'�II 2 Z32W Q 1 F-LL WK J .. I+ I U�wom= LL t I l 3�i 0�-Z V u 0 Q N N xW O;Z� \ E .SLS I- ...1 O OOD_U i.. w h s W U I z waw�� U 2 0 W t am wO mor Dii � g o O N ZN a o I I I N zzzm�0 ck20 1 ZwWF- OU ZWCt z�z FowW� I WwSWOOLL m3,wEo B.4 VAC 08-2982(Markham Hill Cottage Courts) Page 4 of 4 EXHIBIT "B" VAC 08-2982 BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF BLOCK 1, WEST END ADDITION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, THENCE NO2041'08"E 15.00 FEET, THENCE S88019'47"E 600.00 FEET, THENCE S02-41'08"W 15.00 FEET, THENCE N88°19'47"W 600.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.21 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT OF WAYS OR EASEMENTS OF RECORD OR FACT. City Council Meeting.Minutes December 2,2008 Page 1 of 26 Aldermen Mayor Dan Coody Ward 1 Position 1 — Adella Gray Ward 1 Position 2 — Brenda Thiel City Attorney Kit Williams Ward 2 Position 1 — Kyle B. Cook Ward 2 Position 2— Nancy Allen City Clerk Sondra Smith Ward 3 Position 1 — Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position 1 — Shirley Lucas Ward 4 Position 2 — Lioneld Jordan City of Fayetteville Arkansas City Council Meeting Minutes December 2, 2008 A meeting of the Fayetteville City Council was held on December 2, 2008 at 6:60 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Coody welcomed the Spring International students who attended the meeting and asked them to stand and be recognized. Presentations, Reports and Discussion Items: Agenda Additions: Mayor Coody asked what needed to be done for the vacant slots on the NWA Regional Airport Board. Alderman Cook: Do we need to do that at this meeting? City Clerk Sondra Smith: You do not have to. That will give the Nominating Committee time to meet but it is the Mayor's responsibility to appoint those two members. Mayor Coody: Do you want to take that to the Nominating Committee then? City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 acc essfayettevi lle.org City Council Meeting Minutes December 2, 2008 Page 2 of 26 Alderman Cook: Yes. Consent: Approval of the November 6, 2008 City Council meeting minutes. Approved Bid # 08-67 Roberts-McNutt, Inc: A resolution awarding Bid # 08-67 and approving a contract with Roberts-McNutt, Inc. in the amount of $38,827.00 to replace the roof of the ICH Building; and approving a project contingency in the amount of$3,882.00. Resolution 217-08 as Recorded in the office of the City Clerk Bid # 08-68 Diamond International: A resolution awarding Bid # 08-68 and approving the purchase of one (1) dump truck from Diamond International in the amount of $107,147.00 for use by the Transportation Division. Resolution 218-08 as Recorded in the office of the City Clerk' Bid # 08-69 Stamm Manufacturing: A resolution awarding Bid`.# 08-69 and approving the purchase of one (1) aerial platform truck from Stamm Manufacturing in the amount of $97,336.00 for use by the Transportation/Traffic Division. Resolution 219-08 as Recorded in the office of the City Clerk Bid # 08-70 Williams Tractor, Inc: A resolution awarding Bid # 08-70 and approving the purchase of one , (1) front-load diesel tractor from Williams Tractor, Inc. in the amount of $68,894.00 for use at the Noland Wastewater Treatment Plant; and approving a budget adjustment in the amount of$25,426.00. Resolution 220-08 as Recorded in the office of the City Clerk AT&T: A resolution approving the purchase of fifty (50) Pinpoint X GPS Integrated modems and antennae from AT&T through the State of Arkansas purchasing contract in the amount of $50,420.00; and approvinga`budget adjustment. Resolution 221-08 as Recorded in the office of the City Clerk 2008 Bulletproof Vest Partnership Grant: A resolution accepting the 2008 Bulletproof Vest Partnership Grant in the amount of $16,033.56; and approving a budget adjustment recognizing the grant revenue. Resolution 222-08 as Recorded in the office of the City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 accessfayetteville.org