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Home My WebLink About2009-02-03 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordanftft%A Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Matthew Petty PV1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith TayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 03, 2009 A meeting of the Fayetteville City Council will be held on February 03, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Special Business: 1. Niokaska Creek: A resolution to name the creek that begins on Mt. Sequoyah near Root Elementary School "Niokaska Creek." PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 17-09. Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. False Alarm Ordinance 5083 Discussion THIS ITEM WILL BE ADDED TO THE JUNE 3, 2009 AGENDA. Agenda Additions: ADDED THREE RESOLUTIONS: 1. Dead Horse Mountain Bridge Replacement Project 2. Recognition of Power Companies 3. Thank you to City Employees 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org The following resolutions were added to the agenda: 1. Dead Horse Mountain Bridge Replacement Project: A resolution approving a payment in the amount of $395,111 to the Arkansas State Highway and Transportation Department (AHTD) for the City's portion of the construction costs associated with the Dead Horse Mountain Bridge Replacement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 18-09. 2. Thank you to City Employees: A resolution to thank City employees for their dedicated and efficient, around-the-clock efforts to clear city streets under harsh and difficult conditions. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 19-09. 3. Recognition of Power Companies: A resolution to thank AEP/SWEPCO, Ozarks Electric Cooperative and its employees for their quick response and hard work to restore power to Fayetteville citizens. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 20-09. A. Consent: 1. Approval of the January 20, 2009 City Council meeting minutes. APPROVED. 2. Bids for Bulk Construction Materials: A resolution awarding Bids # 09-02, # 09-03, # 09-05, # 09-06, # 09-07 and Bid # 09-10 and approving the purchase of bulk construction materials and services utilized by various divisions of the City of Fayetteville in the estimated amount of$3,156,126.75. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 21-09. 3. Bid # 09-08 Asphalt & Aggregate Materials: A resolution awarding Bid # 09-08 and approving the purchase of asphalt and aggregate materials utilized by various divisions of the City of Fayetteville in the estimated amount of $250,000.00 for the first quarter of 2009. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 22-09. 4. Bid # 09-11 Southern Tire Mart, LLC: A resolution awarding Bid # 09-11 and accepting a proposal from Southern Tire Mart, LLC to supply recap tires per specifications outlined in the bid for a period of one year with four automatic one-year renewals. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 23-09. 5. Bid # 09-13 Neenah Foundry Company: A resolution awarding Bid # 09-13 and approving the purchase of 126 cast iron tree grates from Neenah Foundry Company in the amount of $101,049.70; and approving a 5% project contingency in the amount of $5,052.49. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 24-09. 6. Bid # 09-15 North Point Ford: A resolution awarding Bid # 09-15 and approving the purchase of nine (9) Ford Crown Victoria Police Interceptors from North Point Ford of North Little Rock in the amount of $197,091.00 plus approximately $7,000.00 per unit for up-fit items. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 25-09. 7. Bid # 09-16 Honda of Fayetteville: A resolution awarding Bid # 09-16 and approving the purchase of two (2) Honda Elements from Honda of Fayetteville in the amount of $37,574.00 for use by the Parks & Recreation and Community Resources/Code Compliance Divisions. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 26-09. 8. Environmental Consulting Operations, Inc. Amendment No. 3: A resolution approving Amendment No. 3 to the contract with Environmental Consulting Operations, Inc. (ECO) in the amount of$79,067.00 for final, post-construction and monitoring phase services for remaining WSIP work relating to regulatory and environmental issues. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 27-09. 9. Municipal Court Lab Fines: A resolution approving a budget adjustment for the Fayetteville Police Department in the amount of $11,043.00 to recognize revenue from Municipal Court Lab fines for the purchase of alcohol testing equipment and supplies. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 28-09. 10. Cherokee Nation Reimbursement: A resolution approving a budget adjustment in the amount of $675,000.00 to the Solid Waste Fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the transfer station for 2009. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-09. 11. Mark Grant Concession Stands: A resolution to approve a contract with Mark Grant D/B/A Porky Chicks BBQ & Catering to operate the concession stands at Wilson Park Swimming Pool, Gary Hampton Softball Complex, Lewis Street Soccer Complex and Lake Fayetteville Softball Complex. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 30-09. 12. ADM 08-3201 (The Culls 11 Tree Preservation Variance): A resolution to grant a variance of Chapter 167 Tree Preservation and Protection, in accordance with §156.03(C)(5) of the Unified Development Code to allow approval of off-site tree preservation in-lieu of on-site mitigation. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 31-09. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B. Unfinished Business: 1. Amberwood Place Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2965, Amberwood Place, located south and east of Double Springs and Dot Tipton Road; containing approximately 39.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. (This ordinance was tabled at the September 2, 2008 City Council meeting to the September 16, 2008 City Council meeting. This ordinance was tabled at the September 16, 2008 City Council meeting to the October 7, 2008 City Council meeting. This ordinance was left on the Second Reading at the October 7, 2008 City Council meeting. This ordinance was left on the Second Reading and then tabled to the December 2, 2008 City Council Meeting. This ordinance failed at the December 2, 2008 City Council meeting.) This ordinance was Re-considered at the December 16, 2008 City Council meeting and then Tabled to the February 3, 2009 City Council meeting. THIS ITEM WAS TABLED TO MARCH 3, 2009 CITY COUNCIL MEETING. 2. 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.) This ordinance was left on the Second Reading at the January 6, 2009 City Council meeting and then tabled to the February 3, 2009 City Council Meeting. THIS ITEM WAS TABLED TO FEBRUARY 17, 2009 CITY COUNCIL MEETING. 3. Arkansas Democrat-Gazette Agreement: A resolution approving agreements with the Arkansas Democrat-Gazette—Northwest Edition for display and legal advertising. This resolution was tabled at the January 20, 2009 City Council meeting to the February 3, 2009 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-09. C. Public Hearings: 1. Down Under Taxi: A resolution granting a Certificate of Public Convenience and Necessity to Down Under Taxi for the operation of up to ten (10) taxicabs in the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-09. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org D. New Business: 1. R-PZD 08-3170 (The Coves at Walnut Crossing Phase III): An ordinance establishing a Residential Planned Zoning District Titled R-PZD 08-3170, The Coves at Walnut Crossing Phase III, located at the western edge of the City of Fayetteville city limits and north of Highway 62; containing approximately 10.51 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5216. 2. MediaStar, Inc: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of a broadcast video server, production system and training from Mediastar, Inc. in the amount of$27,375.87. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5217. 3. Access Management Plan Agreement: A resolution adopting the Access Management Plan Agreement as prepared by the Arkansas Highway & Transportation Department (AHTD) for Highway 265 between Township Street and Ivey Lane. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 34-09. 4. Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during the second, third, and fourth quarters of 2009 for the purchase of asphalt materials for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5218. 5. Amend 2009 Budget: A resolution to amend the 2009 adopted budget by rebudgeting $72,664,652.00 in bonded or ongoing capital projects and $1,594,558.00 in outstanding obligations and grant funded items. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 35-09. 6. Amend Chapter 51, Water and Sewers: An ordinance to amend Chapter 51 Water and Sewers of the Fayetteville Code by amending § 51.140 (B) Termination by adding a definition of"Customer." PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5219. Announcements: 1. City Council Tour: January 30, 2009 at 10:00 A.M. Adjournment: Meeting adjourned at 8:45 P.M. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 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 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: FeL_.ary 3,2009 Adjourn: O ' � )Ont Subject: 't Subject: Roll Lucas Lewis vl� Gray Thiel Cook ✓ Petty ✓ Rhoads Ferrell Mayor Jordan Subject: Ah c ko, C ��J-e k Motion To: /Lm C&A e1 Motion By: Seconded: i S Lucas s�1 o� Lewis 8MIAAJA Gray / ✓ Q Thiel Cook ✓ ✓ Petty Rhoads ✓ Ferrell 7, Mayor Jordan e-0 8 0 " City Council Meeting: Fel._ . ary 3,2009 Subject: JOIAA Motion To: Motion By: Seconded: Lucas n p { Lewis iV Gray Vt.J Thiel i Cook Petty Rhoads Ferrell Mayor Jordan KEP0L2ncPnv Subject: n-b 3 Motion To: ,,Md 3 /Z.L!l�co�rOk/d� Motion By: Seconded: CGNJ Lucas f Lewis Gray � Thiel Cook Petty Rhoads Ferrell Mayor Jordan 8-0 City Council Meeting: FeL_ teary 3,2009 Subject: (11K 4L4-k aQUA&AaiON Motion To: Motion By: Seconded: " CQ Lucas Lewis Gray Thiel Cook /�_ Petty Rhoads J Ferrell g0 9 Mayor Jordan Subject: Motion To: Motion By: Seconded: Lucas ✓ Lewis Gray p(ZjAe,� Thiel ✓ �J Cook ✓ Petty. ✓ Rhoads Ferrell 191- 01 Mayor Jordan 8-D City Council Meeting: Fete_Bary 3,2009 Subject: A / lyN�(IM �� OGwuca u f Motion To: � � 0 Motion By: Seconded: Lucas ✓ Lewis ✓ ✓ Gray ✓ f Thiel ✓ v''` Cook V Petty /' ✓ } Rhoads Ferrell ',O -6q Mayor Jordan 8- o g -o Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: Fe,_aary 3,2009 Subject: Consent Motion To: Motion By: Seconded: Lucasvl- Lewis M �pp Gray Thiel Cook Wjhu'M0 Petty Rhoads P—es' Ferrell d/ — O f rb Mayor Jordan 3 -o 7� Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: Fe._uary 3,2009 Subject: Amberwood Ptace Appeal Motion To: Motion By: Seconded: B. 1 Lucas Unfinished Lewis Business Gray f Thiel f Cook � l �Petty h,, / Rhoads f Ferrell Mayor Jordan � - o Subject: Villas at Stonebridge Appeal Motion To: Tom$2¢ . 4-0 —/7 41 Motion By: Seconded: B 2 Lucas ✓ Unfinished Lewis Business Gray Thiel ✓ 779-4-0n Cook ✓ 1-0 Petty ✓ /7 Rhoads ✓ Ferrell LIZ Mayor Jordan 8�-0 City Council Meeting: Fek,_nary 3, 2009 Subject: Arkansas Democrat-Gazette Agreement Motion To: lel -�O OJA4QM;t 40 Motion By: � � Seconded: 1 B 3 Lucas Unfinished Lewis Business Gray t/ Thiel Cook Petty ✓ Rhoads �- Ferrell Mayor Jordan Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: Fe_ _uary 3, 2009 Subject: Down Under Taxi Motion To: Motion By: Seconded: E Ed C. 1 Lucas ✓ New Lewis Business Gray Thiel ✓ Cook ✓ Petty ✓ Rhoads / Ferrell 3 3 -OC) Mayor Jordan 8 -a Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: Fe,. _aary 3,2009 Subject: R-PZD 08-3170 (The Coves at Walnut Crossing Phase III) Motion To: Motion By: Seconded: D. 1 Lucas ✓ New Lewis ✓ t/ a/ Business Gray ✓ ✓ ✓ Thiel ,/ ✓ ✓ Cook ,/ ✓ �/ rt Petty ✓ ✓ ✓ Rhoads t/ ✓ c/ Ferrell ✓ �/ 5a (p Mayor Jordan Subject: MediaStar, Inc. Motion To: C1/1rL Motion By: Seconded: IiPPIC. �� D 2 Lucas f Vol' New Lewis Business Gray / ✓ / Thiel Cook Petty ✓ ,� Rhoads / ✓ �/ Ferrell 5� Mayor Jordan 8 -b g 0 8-0 City Council Meeting: Fe_ nary 3,2009 Subject: Access Management Plan Agreement Motion To: Q,Q/y Motion By: ®k Seconded: D. 3 Lucas New Lewis Business Gray j Thiel ✓ Cook Petty Rhoads Ferrell 3 tt Mayor Jordan -D Subject: Asphalt Materials Motion To: an n /� k, � Motion By: cowk, j� Seconded: D. 4 Lucas New Lewis �/ ✓ r/ Business Gray i/ ✓ �/ Thiel Cook 1� ✓ ci Petty �� s ✓ Rhoads ,,✓ ,f- r/' Q Ferrell 5� U Mayor Jordan g 'U K -d City Council Meeting: Fe,_uary 3,2009 Subject: Amend 2009 Budget Motion To: j J Motion By: / Seconded: A 5 Lucas New Lewis Business Gray Thiel ✓ Cook ✓ Petty ✓ Rhoads Ferrell 35 - 09 Mayor Jordan a� Subject: Amend Chapter 51,Water and Sewers Motion To: 3 a Motion By: Seconded: G A 6 Lucas New Lewis / r/ Business Gray Thiel / ✓ Cook �/ ✓ ✓ 1 / Petty ✓ ✓ t✓ Rhoads ✓ �/ Ferrell ✓ / (2L _I Mayor Jordan Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordanftft%A Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Matthew Petty PVj C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith TayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 03, 2009 A meeting of the Fayetteville City Council will be held on February 03, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Special Business: 1. Niokaska Creek: A resolution to name the creek that begins on Mt. Sequoyah near Root Elementary School "Niokaska Creek." Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. False Alarm Ordinance 5083 Discussion Agenda Additions: A. Consent: 1. Approval of the January 20, 2009 City Council meeting minutes. 2. Bids for Bulk Construction Materials: A resolution awarding Bids # 09-02, # 09-03, # 09-05, # 09-06, # 09-07 and Bid# 09-10 and approving the purchase of bulk construction materials and services utilized by various divisions of the City of Fayetteville in the estimated amount of$3,156,126.75. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Bid # 09-08 Asphalt & Aggregate Materials: A resolution awarding Bid # 09-08 and approving the purchase of asphalt and aggregate materials utilized by various divisions of the City of Fayetteville in the estimated amount of $250,000.00 for the first quarter of 2009. 4. Bid # 09-11 Southern Tire Mart, LLC: A resolution awarding Bid # 09-11 and accepting a proposal from Southern Tire Mart, LLC to supply recap tires per specifications outlined in the bid for a period of one year with four automatic one-year renewals. 5. Bid # 09-13 Neenah Foundry Company: A resolution awarding Bid # 09-13 and approving the purchase of 126 cast iron tree grates from Neenah Foundry Company in the amount of $101,049.70; and approving a 5% project contingency in the amount of $5,052.49. 6. Bid # 09-15 North Point Ford: A resolution awarding Bid # 09-15 and approving the purchase of nine (9) Ford Crown Victoria Police Interceptors from North Point Ford of North Little Rock in the amount of $197,091.00 plus approximately $7,000.00 per unit for up-fit items. 7. Bid # 09-16 Honda of Fayetteville: A resolution awarding Bid # 09-16 and approving the purchase of two (2) Honda Elements from Honda of Fayetteville in the amount of $37,574.00 for use by the Parks & Recreation and Community Resources/Code Compliance Divisions. 8. Environmental Consulting Operations, Inc. Amendment No. 3: A resolution approving Amendment No. 3 to the contract with Environmental Consulting Operations, Inc. (ECO) in the amount of$79,067.00 for final, post-construction and monitoring phase services for remaining WSIP work relating to regulatory and environmental issues. 9. Municipal Court Lab Fines: A resolution approving a budget adjustment for the Fayetteville Police Department in the amount of $11,043.00 to recognize revenue from Municipal Court Lab fines for the purchase of alcohol testing equipment and supplies. 10. Cherokee Nation Reimbursement: A resolution approving a budget adjustment in the amount of $675,000.00 to the Solid Waste Fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the transfer station for 2009. 11. Mark Grant Concession Stands: A resolution to approve a contract with Mark Grant D/B/A Porky Chicks BBQ & Catering to operate the concession stands at Wilson Park Swimming Pool, Gary Hampton Softball Complex, Lewis Street Soccer Complex and Lake Fayetteville Softball Complex. 12. ADM 08-3201 (The Culls 11 Tree Preservation Variance): A resolution to grant a variance of Chapter 167 Tree Preservation and Protection, in accordance with §156.03(C)(5) of the Unified Development Code to allow approval of off-site tree preservation in-lieu of on-site mitigation. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B. Unfinished Business: 1. Amberwood Place Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2965, Amberwood Place, located south and east of Double Springs and Dot Tipton Road; containing approximately 39.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. (This ordinance was tabled at the September 2, 2008 City Council meeting to the September 16, 2008 City Council meeting. This ordinance was tabled at the September 16, 2008 City Council meeting to the October 7, 2008 City Council meeting. This ordinance was left on the Second Reading at the October 7, 2008 City Council meeting. This ordinance was left on the Second Reading and then tabled to the December 2, 2008 City Council Meeting. This ordinance failed at the December 2, 2008 City Council meeting.) This ordinance was Re-considered at the December 16, 2008 City Council meeting and then Tabled to the February 3, 2009 City Council meeting. 2. 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.) This ordinance was left on the Second Reading at the January 6, 2009 City Council meeting and then tabled to the February 3, 2009 City Council Meeting. 3. Arkansas Democrat-Gazette Agreement: A resolution approving agreements with the Arkansas Democrat-Gazette—Northwest Edition for display and legal advertising. This resolution was tabled at the January 20, 2009 City Council meeting to the February 3, 2009 City Council meeting. C. Public Hearings: 1. Down Under Taxi: A resolution granting a Certificate of Public Convenience and Necessity to Down Under Taxi for the operation of up to ten (10) taxicabs in the City of Fayetteville, Arkansas. D. New Business: 1. R-PZD 08-3170 (The Coves at Walnut Crossing Phase III): An ordinance establishing a Residential Planned Zoning District Titled R-PZD 08-3170, The Coves at Walnut Crossing Phase III, located at the western edge of the City of Fayetteville city limits and north of Highway 62; containing approximately 10.51 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. MediaStar, Inc: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of a broadcast video server, production system and training from Mediastar, Inc. in the amount of$27,375.87. 3. Access Management Plan Agreement: A resolution adopting the Access Management Plan Agreement as prepared by the Arkansas Highway & Transportation Department (AHTD) for Highway 265 between Township Street and Ivey Lane. 4. Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during the second, third, and fourth quarters of 2009 for the purchase of asphalt materials for use by the Transportation Division. 5. Amend 2009 Budget: A resolution to amend the 2009 adopted budget by rebudgeting $72,664,652.00 in bonded or ongoing capital projects and $1,594,558.00 in outstanding obligations and grant funded items. 6. Amend Chapter 51, Water and Sewers: An ordinance to amend Chapter 51 Water and Sewers of the Fayetteville Code by amending § 51.140 (B) Termination by adding a definition of"Customer." Announcements: 1. City Council Tour: January 30, 2009 at 10:00 AM Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cellphones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Niokaska Creek Page 1 of 2 RESOLUTION NO. A RESOLUTION TO NAME THE CREEK THAT BEGINS ON MT. SEQUOYAH NEAR ROOT ELEMENTARY SCHOOL "NIOKASKA CREEK" WHEREAS, in the fall of 2008, the Root Elementary School Green Team Committee notified the Fayetteville City Government that it "would like the opportunity to officially name the creek that begins in their backyard and eventually becomes part of the Illinois River;"and WHEREAS, after in-depth research and discussion by Root Elementary students and teachers, the winning essay and proposal was to name the creek "Niokaska" which is the ancient name used by the Osage when they referred to themselves; and WHEREAS, it is proper to use this Osage term because the Osage lived in our beautiful area long before Fayetteville was established; and WHEREAS, "Niokaska" means "Little Ones (or children) of the Middle Waters" so that it is very appropriate to name this creek originating near Root Elementary School, "Niokaska Creek'; and WHEREAS, currently this creek is an unnamed tributary that flows into the fairly recently named"Mud" Creek which flows a couple of miles further into Clear Creek; and WHEREAS, if the United States Board on Geographic Names would approve changing "Mud"to "Niokaska" Creek below the confluence of the Niokaska and Mud Creeks, "Niokaska Creek"could flow all the way to its confluence with Clear Creek in the City of Johnson. 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 names the unnamed tributary that begins near Root Elementary School and flows into the current Mud Creek as "Niokaska Creek" and thanks the Root Elementary School Green Team, the Root students,teaches and staff for their work and excellent idea to name Niokaska Creek. Niokaska Creek Page 2 of 2 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby renames (once permission is granted by the United States Board on Geographic Names) that portion of the current Mud Creek below its confluence with Niokaska Creek as the continuation of Niokaska Creek to its confluence with Clear Creek. (Any section of the Creek within the city limits of Johnson will only be renamed"Niokaska"with the concurrence of the City of Johnson.) PASSED and APPROVED this 3rd day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer B.3 -, Arkansas Democrat Gazette Agreement " age 1 oft �1 i �0 I -CLY tv Ww V I I 1 ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Kit Williams, City Attorney THRU: Paul Becker,Finance Director P.c� FROM: Andrea Foren,Purchasing Agent DATE: Wednesday,January 14,2009 SUBJECT: Northwest Arkansas Times/Democrat Gazette Pricing For the past two years,the Northwest Arkansas Times/Democrat Gazette has not increased rates for the City of Fayetteville. Rates proposed for the 2009 contract submitted to City Council for approval are increased at a rate of 2%. Advertising expenses with the Northwest Arkansas Times for 2008 totaled $56,165.41; 2007 totaled $64,972.34. '�, k � '1.!�►..71ru.4�'PncJO N�s�� ..-. . r° November 2006-November 2008 all rates per column inch Classified Retail Mon -Thur $10.55 $9.76 Fri -Sat $10.55 $10.13 Sunday $10.55 $13.34 NWA limes Pro osed Contract-2%incr. November 2008-November 2009 all rates per column inch Classified Retail Mon -Thur $10.76 $9.96 Fri -Sat $10.76 $10.33 Sunday $10.76 $13.61 Successful implementation of the new proposed contract offers the City the best opportunity to insure cost containment of advertising expenditures while reaching the majority of citizens and potential bidders in a cost effective manner. B.3 Arkansas Democrat-Gazette Agreement Page 2 of 2 D. 5 Amend 2009 Budget "" Page 1 of 18 aye ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan and City Council THRU: Paul A. Becker,Director of Finance FROM: Kevin Springer,Budget Director �G DATE: January 29, 2009 SUBJECT: 2008 Re-Budgeting Request (Revised Amounts) Recommendation Because of the need for project continuation, staff recommends approval of the attached rebudget request at the February 3, 2009 City Council meeting. In addition, staff is recommending approval of any changes to this request that may arise due to finalizing the 2008 year end which would result in a decrease in the total authorized budget. City Council is requested to amend the 2009 Adopted Budget by re-authorizing up to$74,259,210 for purchase commitments and capital improvements as follows. Bonded Capital Projects $ 41,523,635 Outstanding Obligations and Grant Funded Items 1,594,558 Capital Projects (Commitments Outstanding) 6,097,466 Capital Projects (Uncompleted Items) 25,043,551 Total Re-Authorizations $ 74,259,210 A finalized listing of the capital project re-budgets will be submitted to City Council as an informational item during the First Quarter of 2009. Background In the past at the close of each budget year,City Staff requests re-authorization of on-going capital projects and re-authorization of and grant funded items that were not committed during the prior budget year as well as outstanding purchase commitments. Discussion This request re-authorizes project funding for identified and scheduled capital improvements in the current fiscal year. Currently,all uncommitted capital projects are placed on hold until City Council re-authorizes the unexpended funds into 2009. Please find attached a schedule of capital projects by Improvement Type which were included in the 2008 Budget but did not incur a financial obligation during the 2008 fiscal year. The 2008 estimated unreserved fund balance/retained earnings for the respective funds reflected the cost of the requested re-budgets. These re-budgeted items,therefore,do not impact the estimated fund balance amounts which were forecasted in the 2009 budget. D.5 Amend 2009 Budget Page 2 of 18 The re-authorization of prior year's appropriated projects and items are normal budget operating procedures and are generally for one-time expenses. Approval of this request will allow the 2009 Budget to be increased to reflect the attached information. Several of the requested re-authorizations include revenue offset in the form of grant revenues. Total requested re-budgets for all funds are $74,259,210 as reflected in the following worksheet. These amounts will require City Council action. For your information, a summary by Funding Source and Improvement Type is included following this memo. The re-budget amounts are broken out into two separate categories: • Obligated: These items have Contracts/Purchase Orders already issued on them during 2008 and the City will not receive the item and/or service until 2009. • Unobli ag ted:These items did not have any Contracts/Purchase Orders issued on them as of 2008. Budget Impact & Closing All of the funds requested in this re-authorization come from unexpended funds. They do not increase the use of operating reserves over what was estimated in the 2009 Annual Budget. This request simply retains project funding for identified and scheduled capital improvements for the current fiscal year. If you have any questions concerning the attachment or the procedure, please feel free to contact either Paul A.Becker(575-8330)or Kevin Springer(575-8226). Thank you for your attention to this request. D.5 Amend 2009 Budget Page 3 of 18 RESOLUTION NO. A RESOLUTION TO AMEND THE 2009 ADOPTED BUDGET BY REBUDGETING $72,664,652.00 IN BONDED OR ONGOING CAPITAL PROJECTS AND $1,594,558.00 IN OUTSTANDING OBLIGATIONS AND GRANT FUNDED ITEMS WHEREAS, capital projects often are constructed and paid for in more than one calendar year which requires the funds appropriated in the initial year for the project to be rebudgeted to the subsequent year to complete the project; and WHEREAS, certain outstanding obligations and grant funded items must be rebudgeted to complete these obligations or grant funded projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas, hereby approves an amendment to the 2009 Budget to reflect $72,664,652.00 in bonded, ongoing or committed capital projects and $1,594,558.00 in outstanding obligations and grant funded items as shown on the attached Budget Adjustment. PASSED and APPROVED this 3`d day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer D.5 Amend 2009 Budget Page 4 of 18 O N rfl N O O 1� T\ ' 1 C IV Cl) C z O0 � G) m > OC C p r n m ---I m --i z C O m CD 0 D.5 Amend 2009 Budget Page 5 of 18 C) m = o c N m D � u oa O m O x 0 O TM p O cD 0 c c =r 1'1 y ay m Ql c c 3 CDN O O (D 0 00 O (D (D a 0 T 3 0 n D C CD 3 n CD 77 a m 3 Q ZI tDCn 3 . 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