HomeMy WebLinkAbout2014-08-05 - Agendas - Final Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position l Ward 3 Position l
e �-
Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr.
Ward 1 Position 2 Ward 3 Position 2
Alderman Mark Kinion -_-_ � Alderman Rhonda Adams
Ward 2 Position l Ward 4 Position l
Alderman Matthew Petty Alderman Alan T.Long
Ward 2 Position 2 Ward 4 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
August 05, 2014
A meeting of the Fayetteville City Council will be held on August 05, 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. Bi-Monthly Report on Public Transit in Fayetteville
Agenda Additions:
A. Consent:
1. Approval of the July 15, 2014 City Council meeting minutes. APPROVED
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
2. Devol Aviation, Inc.: A resolution to approve a five year lease for the airport hangar at
4158 South School Avenue to Devol Aviation, Inc. for a rent of$1,700.00 per month with
biennial rent adjustments to begin retroactively on July 1, 2014.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 136-14
3. General Improvement Fund Grant: A resolution to authorize acceptance of a General
Improvement Fund Grant in the amount of$34,500.00 for snow equipment parts and snow
plow replacement, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 137-14
4. Bid #14-41 Central Salt Company: A resolution to award Bid #14-41 and authorize the
purchase of crushed rock salt from Central Salt Company in the amount of$106.16 per
ton, as needed through July 31, 2015.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 138-14
5. Bid #14-42 Vance Brothers, Inc.: A resolution to award Bid #14-42 and authorize a
contract with Vance Brothers, Inc. in the amount of $256,480.00 plus a contingency of
$25,648.00 for Asphalt Micro-Surfacing of city streets.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 139-14
6. Darrell Froud Lease Agreement: A resolution to approve a lease agreement with Darrell
Froud for about 54.5 acres of city park land for the sole purpose of cutting hay for
the amount of $100.00 per year.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 140-14
7. 2015 Arkansas Outdoor Recreation Grant: A resolution to authorize an application for
a 50/50 matching grant,through the Arkansas Department of Parks and Tourism's Outdoor
Recreation Grant Program, in the amount of $250,000.00 for improvements at the
Fayetteville Regional Park.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 141-14
8. Garver,LLC: A resolution to approve a professional engineering services agreement with
Garver, LLC in an amount not to exceed $328,200.00 for engineering design related to the
Cato Springs Trail.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 142-14
9. Community Development Block Grant: A resolution to approve a budget adjustment in
the total amount of$23,484.00 recognizing a 2014 Community Development Block Grant
Revenue Increase.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 143-14
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
10. Arkansas State Highway and Transportation Department Change Order No. 14: A
resolution to approve a payment of $104,142.96 to the Arkansas State Highway and
Transportation Department representing the City's portion of construction costs related to
Change Order No. 14 for improvements to State Highway 16, and to approve a budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 144-14
11. AEP-SWEPCO Agreement: A resolution to grant Mayor Jordan the authority to
negotiate and to approve a utility work agreement with AEP-SWEPCO in an amount not
to exceed $86,330.41 for utility relocation and underground installation necessary for
public safety and esthetics related to the Spring Street Parking Deck Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-14
12. SWEPCO Utility Easements: A resolution to authorize the transfer of utility easements
to SWEPCO for the relocation of power lines on city owned property near the corner of
W. Watson Street and Campbell Avenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 146-14
13. 2015 Employee Benefits: A resolution to approve the 2015 Employee Benefits Package.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 147-14
B. Unfinished Business:
1. RZN 14-4729(Cato Springs Rd./Chambers Bank): An ordinance rezoning that property
described in rezoning petition RZN 14-4729,for approximately 253.23 acres,located along
Cato Springs Road adjacent to the City's Regional Park property from R-PZD, Residential
Planned Zoning District Southpass 08-2898, to UT, Urban Thoroughfare, CS, Community
Services, and NC, Neighborhood Conservation. This ordinance was left on the First
Reading at the July 15, 2014 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5700
2. Enact Chapter 119 Civil Rights Administration: An ordinance to amend the
Fayetteville Code by enacting Chapter 119 Civil Rights Administration to protect the Civil
Rights of Fayetteville citizens and visitors and to create the position of Civil Rights
Administrator for the City of Fayetteville. This ordinance was left on the First Reading
at the July 15, 2014 City Council meeting.
THIS ORDINANCE WAS LEFT ON THE SECOND READING
C. New Business:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
1. RZN 14-4763: Rezone (Southeast Corner Gregg Ave. & Ash St./Candlelight Place
Apts.): An ordinance rezoning that property described in Rezoning Petition RZN 14-4763,
for approximately 0.94 acres, located at the southeast corner of Gregg Ave. and Ash St.
from RSF-4, Residential Single Family, 4 units per acre, to RMF-24, Residential Multi
Family, 24 units per acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5701
2. ADM 14-4720 (Updates to the Drainage Criteria Manual and UDC Amendments):
An ordinance to amend §156.04 Stormwater Drainage and Erosion Control; Chapter 169
Physical Alteration of Land; Chapter 170 Stormwater Management, Drainage and Erosion
Control, and Chapter 179 Low Impact Development of the Unified Development Code.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5702
3. 2015-2019 Capital Improvements Plan(CIP): A resolution to adopt the 2015-2019 five-
year Capital Improvement Plan.
THIS RESOLUTION WAS TABLED TO THE AUGUST 19, 2014 CITY COUNCIL
MEETING
D. City Council Agenda Session Presentations:
1. Discussion of the Capital Improvement Plan—Paul Becker, Finance Director
E. City Council Tour:
F. Announcements:
Adjournment: 8:40 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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
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.
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
Clerk to 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(479)575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-acgov or in the office of the City Clerk, 113 W.
Mountain,Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting: August 5,2014 Adjourn: D QM
Subject: Roll
Gray
Marsh
Kinion r/
Petty
Tennant
4k
5:35 P,M, Schoppmeyer r/
Adams
Long
Mayor Jordan ✓
Subject:
Motion To:
Motion By:
Seconded:
Gray
Marsh
Kinion
Petty
Tennant
Schoppmeyer
Adams
Long
Mayor Jordan
City Council Meeting: August 5, 2014
Subject: Consent
Motion To: �1
/-F rote
Motion By:
Seconded:
Gray ✓
�1d4 Marsh ✓
ppvva Kinion
Petty ,/
PoAlAzA Tennant ,/
Schoppmeyer
I&J-10 Adams ✓
ULM Long
)d JAI Mayor Jordan
g-D
Subject:
Motion To:
Motion By:
Seconded:
Gray
Marsh
Kinion
Petty
Tennant
Schoppmeyer
Adams
Long
Mayor Jordan
City Council Meeting: August 5,2014
Subject: RZN 14-4729 (Cato Springs Rd./Chambers Bank)
Motion To: -1n rd
Motion By:
Seconded: �� na t
B. 1 Gray ✓ / /
Unfinished Marsh ✓ ✓ /
Business Vinion ✓ r/ ✓
Petty ✓ �✓
Tennant ✓ v
Schoppmeyer ✓
Adams
Long ` 10-1
Mayor Jordan
Subject: Enact Chapter 119 Civil Rights Administration
Motion To: UD 4m/04nwt -.40 ae
Motion By:
Seconded: l'/li`.D,YI VOe
B 2 Gray
h $
Unfinished Mars ✓ r/ � d+t e-OftfttX-
Business Kinion
Petty V, ✓
Tennant fAZ
Schoppmeyer V-` Al
Adams
ftld Long .® ✓ a�
Mayor Jordan /lel a1 64d vo{f,
9F DO
City Council Meeting:
Subject:
Motion To: fF /t 4.AS
Motion By: AdO4,10
Seconded: A
Gray
k� Marsh
U,*h,yW Kinion
Petty r/ ✓
Tennant ✓ ✓
Schoppmeyer
Adams ✓ ✓
Long
Mayor Jordan
o
Subject:
Motion To:
Motion By:
Seconded:
Gray
Marsh
Kinion
Petty
Tennant
Schoppmeyer
Adams
Long
Mayor Jordan
City Council Meeting: August 5, 2014
Subject: RZN 14-4763: Rezone(Southeast Coruer GreggAve. & Ash St./Candlelight Place Apts.)
Motion To:
1'l P�-
Motion By:
Seconded: i1�1(hndly .Q�, s
C. 1 Gray / sle R✓
New Marsh ✓
Business Kinion
Petty ✓' `'
Tennant ✓ }�
Schoppmeyer ✓ m ` '
Adams ✓ /'
Long
Mayor Jordan
Subject: ADM 14-4720 U dates to the Drainage Criteria Manual and UDC Amendments)
Motion To:
and 3r4 Rea.d 44W
Motion By:
Seconded: 44A.4-
C. 2 Gray t✓ y/ ✓
New Marsh ✓ ✓ Vol
Business Kinion
Petty ✓ '� ✓
Tennant '/ "� ✓
P— Schoppmeyer ✓
Adams
Long
/G Mayor Jordan
City Council Meeting: August 5,2014
Subject: 2015-2019 Ca it al Improvements
Improvements Plan (CIP)
Motion To: o dro
9"!d
Motion By:
Seconded:
C. 3 Gray
New Marsh ✓
Business
Kinion ✓
Petty
C�Av1 Tennant
'f p Schoppmeyer
Adams
Long
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Gray
Marsh
Kinion
Petty
Tennant
Schoppmeyer
Adams
Long
Mayor Jordan
u
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: August 6,2014
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the
City Council meeting of August 5,2014
1. Devol Aviation, Inc.: A resolution to approve a five year lease for the airport hangar at
4158 South School Avenue to Devol Aviation, Inc. for a rent of $1,700.00 per month
with biennial rent adjustments to begin retroactively on July 1, 2014.
2. General Improvement Fund Grant: A resolution to authorize acceptance of a General
Improvement Fund Grant in the amount of $34,500.00 for snow equipment parts and
snow plow replacement, and to approve a budget adjustment.
3. Bid 914-41 Central Salt Company: A resolution to award Bid#14-41 and authorize the
purchase of crushed rock salt from Central Salt Company in the amount of$106.16 per
ton, as needed through July 31, 2015.
4. Bid 914-42 Vance Brothers, Inc.: A resolution to award Bid 914-42 and authorize a
contract with Vance Brothers, Inc. in the amount of $256,480.00 plus a contingency of
$25,648.00 for Asphalt Micro-Surfacing of city streets.
5. Darrell Froud Lease Agreement: A resolution to approve a lease agreement with
Darrell Froud for about 54.5 acres of city park land for the sole purpose of cutting
hay for the amount of $100.00 per year.
6. 2015 Arkansas Outdoor Recreation Grant: A resolution to authorize an application
for a 50150 matching grant, through the Arkansas Department of Parks and Tourism's
Outdoor Recreation Grant Program, in the amount of $250,000.00 for improvements at
the Fayetteville Regional Park.
7. Garver, LLC: A resolution to approve a professional engineering services agreement
with Garver, LLC in an amount not to exceed $328,200.00 for engineering design related
to the Cato Springs Trail.
8. Community Development Block Grant: A resolution to approve a budget adjustment
in the total amount of $23,484.00 recognizing a 2014 Community Development Block
Grant Revenue Increase.
9. Arkansas State Highway and Transportation Department Change Order No. 14: A
resolution to approve a payment of $104,142.96 to the Arkansas State Highway and
Transportation Department representing the City's portion of construction costs related to
Change Order No. 14 for improvements to State Highway 16, and to approve a budget
adjustment.
10. AEP-SWEPCO Agreement: A resolution to grant Mayor Jordan the authority to
negotiate and to approve a utility work agreement with AEP-SWEPCO in an amount not
to exceed $86,330.41 for utility relocation and underground installation necessary for
public safety and esthetics related to the Spring Street Parking Deck Project.
11. SWEPCO Utility Easements: A resolution to authorize the transfer of utility easements
to SWEPCO for the relocation of power lines on city owned property near the corner of
W. Watson Street and Campbell Avenue.
12. 2015 Employee Benefits: A resolution to approve the 2015 Employee Benefits Package.
2
Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position l Ward 3 Position l
e �-
Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr.
Ward 1 Position 2 Ward 3 Position 2
Alderman Mark Kinion -_-_ � Alderman Rhonda Adams
Ward 2 Position l Ward 4 Position l
Alderman Matthew Petty Alderman Alan T.Long
Ward 2 Position 2 Ward 4 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
August 05, 2014
A meeting of the Fayetteville City Council will be held on August 05, 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. Bi-Monthly Report on Public Transit in Fayetteville
Agenda Additions:
A. Consent:
1. Approval of the July 15, 2014 City Council meeting minutes.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
2. Devol Aviation, Inc.: A resolution to approve a five year lease for the airport hangar at
4158 South School Avenue to Devol Aviation, Inc. for a rent of$1,700.00 per month with
biennial rent adjustments to begin retroactively on July 1, 2014.
3. General Improvement Fund Grant: A resolution to authorize acceptance of a General
Improvement Fund Grant in the amount of$34,500.00 for snow equipment parts and snow
plow replacement, and to approve a budget adjustment.
4. Bid #14-41 Central Salt Company: A resolution to award Bid#14-41 and authorize the
purchase of crushed rock salt from Central Salt Company in the amount of$106.16 per
ton, as needed through July 31, 2015.
5. Bid #14-42 Vance Brothers, Inc.: A resolution to award Bid #14-42 and authorize a
contract with Vance Brothers, Inc. in the amount of $256,480.00 plus a contingency of
$25,648.00 for Asphalt Micro-Surfacing of city streets.
6. Darrell Froud Lease Agreement: A resolution to approve a lease agreement with Darrell
Froud for about 54.5 acres of city park land for the sole purpose of cutting hay for
the amount of $100.00 per year.
7. 2015 Arkansas Outdoor Recreation Grant: A resolution to authorize an application for
a 50150 matching grant,through the Arkansas Department of Parks and Tourism's Outdoor
Recreation Grant Program, in the amount of $250,000.00 for improvements at the
Fayetteville Regional Park.
8. Garver,LLC: A resolution to approve a professional engineering services agreement with
Garver, LLC in an amount not to exceed $328,200.00 for engineering design related to the
Cato Springs Trail.
9. Community Development Block Grant: A resolution to approve a budget adjustment in
the total amount of$23,484.00 recognizing a 2014 Community Development Block Grant
Revenue Increase.
10. Arkansas State Highway and Transportation Department Change Order No. 14: A
resolution to approve a payment of $104,142.96 to the Arkansas State Highway and
Transportation Department representing the City's portion of construction costs related to
Change Order No. 14 for improvements to State Highway 16, and to approve a budget
adjustment.
11. AEP-SWEPCO Agreement: A resolution to grant Mayor Jordan the authority to
negotiate and to approve a utility work agreement with AEP-SWEPCO in an amount not
to exceed $86,330.41 for utility relocation and underground installation necessary for
public safety and esthetics related to the Spring Street Parking Deck Project.
12. SWEPCO Utility Easements: A resolution to authorize the transfer of utility easements
to SWEPCO for the relocation of power lines on city owned property near the corner of
W. Watson Street and Campbell Avenue.
13. 2015 Employee Benefits: A resolution to approve the 2015 Employee Benefits Package.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
B. Unfinished Business:
1. RZN 14-4729(Cato Springs Rd./Chambers Bank): An ordinance rezoning that property
described in rezoning petition RZN 14-4729,for approximately 253.23 acres,located along
Cato Springs Road adjacent to the City's Regional Park property from R-PZD, Residential
Planned Zoning District Southpass 08-2898, to UT, Urban Thoroughfare, CS, Community
Services, and NC, Neighborhood Conservation. This ordinance was left on the First
Reading at the July 15, 2014 City Council meeting.
Left on the First Reading
2. Enact Chapter 119 Civil Rights Administration: An ordinance to amend the
Fayetteville Code by enacting Chapter 119 Civil Rights Administration to protect the Civil
Rights of Fayetteville citizens and visitors and to create the position of Civil Rights
Administrator for the City of Fayetteville. This ordinance was left on the First Reading
at the July 15, 2014 City Council meeting.
Left on the First Reading
C. New Business:
1. RZN 14-4763: Rezone (Southeast Corner Gregg Ave. & Ash St./Candlelight Place
Apts.): An ordinance rezoning that property described in Rezoning Petition RZN 14-4763,
for approximately 0.94 acres, located at the southeast corner of Gregg Ave. and Ash St.
from RSF-4, Residential Single Family, 4 units per acre, to RMF-24, Residential Multi
Family, 24 units per acre.
2. ADM 14-4720 (Updates to the Drainage Criteria Manual and UDC Amendments):
An ordinance to amend §156.04 Stormwater Drainage and Erosion Control; Chapter 169
Physical Alteration of Land; Chapter 170 Stormwater Management, Drainage and Erosion
Control, and Chapter 179 Low Impact Development of the Unified Development Code.
3. 2015-2019 Capital Improvements Plan(CIP): A resolution to adopt the 2015-2019 five-
year Capital Improvement Plan.
D. City Council Agenda Session Presentations:
1. Discussion of the Capital Improvement Plan—Paul Becker, Finance Director
E. City Council Tour:
F. Announcements:
Adjournment:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
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 mast be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rales 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.
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
Clerk to 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(479)575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W.
Mountain,Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 wwwfayetteville-ar.gov
A.,13
Pa 107"
t
2015 Health Insurance Rates (corrected by a penny)
WWIPPO Rate Tier .,
2014 Single $386.93 $77.38 $309.55 20.00%
2014 Family $1,025.34 $358.86 $666.48 35.00%
2015 Single $414.79
R 20.00%
2015 Family $1,099.16 35.00%
M10 ,:
a.§°'fi Y is a•W�R �"x `y Sr �h h)5i. �a
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s
HDHP Rate Tier
'ts9,.,tfti`'g`fdr >:Sv�rigS.Accnt..
2014 Single $204.11 $10.20 $193.91 5.00% $70.80 $264.71
2014 Family $540.86 $27.04 $513.82 5.00% $156.66 $670.48
2015 Single $218.81 6.01% $70.80 $276.45
2015 Far $579.80 7.02% 1 $156.66 $695.78
A. 13
2015 Employee Benefits
Page 2 of 2
Enact Chapter 119 his Ad rnl tion
agf 6
DEPARTMENTAL CORRESPONDENCE �\ F . ,
OFFICE OF THE - - -
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Path MU110rd
Paralegal
TO: Mayor Jordan
City Council
CC: Kit Williams,City Attorney
FROM: Blake Pennington, Assistant City Attorney -i:A
DATE: July 24,2014
RE: Alderman Petty's Proposed Amendments to Civil Rights Ordinance
Alderman Petty will be proposing the following amendments to the civil
rights ordinance. I am attaching a copy of the full ordinance with these
changes incorporated for your reference:
AMEND 119.02 - DEFINITIONS
(E) "Employee' means any individual employed or seeking employment from by a covered employer.
AMEND 119.06
119.06 City Services, Facilities, Transactions and Contracts
(A) The City of Fayetteville shall be and all of its employees are bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of Fayetteville shall abide by comply with this ordinance.
B.2
Enact Chapter 119 Civil Rights Administration
Page 2 of 6
EXHIBIT A
CHAPTER 119: CIVIL-RIGHTS ADMINISTRATION
119.01 Purpose orientation, disability or veteran status.
The purpose of this chapter is to protect and safeguard (E) "Employee" means any individual employed by a
the right and opportunity of all persons to be free from covered employer.
discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, (F) "Employer" means any person, business or
gender expression, familial status, marital status, organization which regularly employs five (5) or
socioeconomic background, religion, sexual orientation, more individuals, not including the employers
disability and veteran status. This chapters purpose is parents, spouse or children. For purposes of this
also to promote the public health and welfare of all chapter an employer "regularly" employs five (5)
persons who live or work in the City of Fayetteville and individuals when the employer employs five (5) or
to ensure that all persons within the City have equal more individuals for each working day in any
access to employment, housing, and public twenty (20) or more calendar weeks in the current
accommodations. or previous calendar year. For purposes of this
chapter an "employer" is also any person or entity
119.02 Definitions acting on behalf of an employer, directly or
indirectly,or any employment agency.
(A) "Business Establishment" means any entity, (G) "Familial status" means an individual's status as
however organized, which furnishes goods, parent or legal guardian to a child or children below
services or accommodations to the general public. the age of eighteen (18) who may or may not
An otherwise qualifying establishment which has reside with that individual.
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or (H) "Gender' means actual or perceived sex.
consist only of requirements under which a (1) "Gender Identity" means a person's gender-related
substantial portion of the residents of the city could identity, whether or not that identity is or is
qualify. perceived to be different from that traditionally
associated with the sex assigned to that individual
(B) "Civil Rights Administrator' means the person at birth.
designated by the Mayor to receive, investigate
and conciliate complaints brought under this (,t) "Gender Expression" means a person's gender-
chapter. related appearance and behavior whether or not
that gender expression is or is perceived to be
(C) "Disability" or"Disabled" means, with respect to an different from that traditionally associated with the
individual, a physical or mental impairment, a person's assigned sex at birth.
record of such an impairment, or being perceived
or regarded as having such impairment. For (K) "Marital status" means an individual's status as
purposes of this chapter, discrimination on the single, married, domestically partnered, divorced or
basis of disability means that no covered entity widowed.
shall discriminate against a qualified individual with
a disability because of that individual's disability. (L) "Place of public accommodation" means inns,
The term "qualified individual with a disability" shall taverns, hotels, motels, restaurants, wholesale
mean an individual with a disability who, with or outlets, retail outlets, banks, savings and loan
without reasonable accommodation, can perform associations, other financial institutions, credit
the essential functions of the employment positions information bureaus, insurance companies,
that the individual holds or desires. dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
(D) "Discriminate, Discrimination or Discriminatory" garages, public halls, and all other establishments
means any act, policy or practice that has the within the City which offer goods, services,
effect of subjecting any person to differential accommodations and entertainment to the public.
treatment as a result of that person's real or A place of public accommodation does not include
perceived race, ethnicity, national origin, age (if 18 any institution, club or other place of
years of age or older), gender, gender identity, accommodation, which by its nature is distinctly
gender expression, familial status, marital status, private.
socioeconomic background, religion, sexual
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Enact Chapter 119 Civil Rights Administration
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(M) "Sexual orientation" means actual or perceived employment agency, labor organization or any
heterosexuality, homosexuality or bisexuality. other person.
(N) "Veteran status" means an individual's status as 119.04 Prohibited Acts of
one who served in the active military, naval or air Discrimination - Housing and Real Estate
service, and who was discharged or released Transactions
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination - (A) With regard to housing and real estate
Employment transactions, which include both sales and leases,
it shall be unlawful to engage in any of the
following acts wholly or partially for a discriminatory
(A) With regard to employment, it shall be unlawful for reason:
any employer or labor organization to engage in
any of the following acts wholly or partially for a (1) To discriminate by impeding, delaying,
discriminatory reason: discouraging or otherwise limiting or restricting
any transaction in real estate;
(1) To fail to hire, refuse to hire or discharge an
individual; (2) To discriminate by imposing different terms on
a real estate transaction;
(2) To discriminate against any individual with
respect to compensation, terms, conditions or (3) To represent falsely that an interest in real
privileges of employment, including promotion. estate is not available for transaction;
Nothing in this section shall be construed to
require any employer to provide benefits, such (4) To include in the terms or conditions of a real
as insurance, to individuals not employed by estate transaction any discriminatory clause,
the employer; condition or restriction;
(3) To limit, segregate or classify employees in (5) To discriminate in performing, or refusing to
any way which would deprive or tend to perform, any act necessary to determine an
deprive any employee of employment individual's financial ability to engage in a real
opportunities, or which would otherwise tend estate transaction;
to adversely affect his or her status as an
employee;
(6) For a properly manager to discriminate by
(4) To fail or refuse to refer for employment any refusing to provide equal treatment of, or
services to,occupants of any real estate which
individual in such a manner that would deprive he or she manages;
an individual of employment opportunities, that
would limit an individual's employment (7) To make, print or publish, or cause to be
opportunities or that would otherwise
adversely affect an individual's status as a made, printed or published, any discriminatory
prospective employee or as an applicant for notice, statement or advertisement with
employment; respect to a real estate transaction or
Proposed real estate transaction, or financing
against an individual in relating thereto, This subsection shall not be
(5) To discriminateconstrued to prohibit advertising directed to
admission to, or employment in, any program
physically disabled persons or persons over
established to provide apprenticeship or other
the age of fifty- five (tio for the purpose of
job training, including on-the-job training calling to their attention the existence or
programs;
absence of housing accommodations or
(6) To print or publish, or cause to be printed or services for the physically disabled or elderly;
published, any discriminatory notice or (8) To discriminate in any financial transaction
advertisement relating to employment. This involving real estate on account of the location
subsection shall not be construed so as to of the real estate, be it residential or non-
expose the person who prints or publishes the residential ("red-lining");
notice or advertisement, such as a newspaper,
to liability; (9) For a real estate operator, a real estate broker,
(7) To discriminate in referring an individual for a real estate salesperson, a financial
employment whether the referral by an institution, an employee of any of these or any
other person, for the purposes of inducing a
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Enact Chapter 119 Civil Rights Administration
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real estate transaction from which such person of any business establishment or place of
may benefit financially, to represent that a public accommodation, unless required by
change has occurred or will or may occur in state or federal law;
the composition with respect to the race,
ethnicity, national origin, age, gender, gender (2) To print, publish, circulate, post or mail,
identity, gender expression, familial status, directly or indirectly, a statement,
marital status, socioeconomic background, advertisement or sign which indicates that the
religion, sexual orientation, physical full and equal enjoyment of the goods,
characteristic, disability or veteran status of services, facilities, privileges, advantages and
the owners or occupants in the block, accommodations of a business establishment
neighborhood or area in which the real or place of public accommodation will be
property is located or to represent that this unlawfully refused, withheld from or denied an
change will or may result in the lowering of individual, or which indicates that an
property values, an increase in criminal or individual's patronage of, or presence at, the
antisocial behavior or a decline in the quality of business establishment or place of public
schools in the block, neighborhood or area in accommodation is objectionable, unwelcome,
which the real property is located ("block- unacceptable or undesirable, unless the denial
busting"); of the goods or services is required by state or
federal law.
(10)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful 119.06 City Services, Facilities,
discriminatory practice for an owner to limit Transactions and Contracts
occupancy on the basis of a person's low-
income, age over fifty-five (55) years or
disability status in accordance with federal or (A) The City of Fayetteville and all of its employees are
state law; bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(11)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful (B) All contractors doing business with the City of
discriminatory practice for an owner, lessor or Fayetteville shall comply with this ordinance.
renter to refuse to rent, lease or sublease a
portion of a single family dwelling unit to a 119.07 General Exceptions
person as a tenant, roomer or boarder where it
is anticipated that the owner, lessor or renter
(A) Any practice which has a discriminatory effect and
will be occupying any portion of the single-
which would otherwise be prohibited by this
family dwelling or to refuse to rent, lease or
sublease where it is anticipated that the chapter shall not deemed unlawful if it can be
owner, lessor or renter will be sharing either a established that the practice not intentionally
kitchen or a bathroom with the tenant, roomer devised to contravene the prohibitions of this
or boarder, chapter and there exists no less discriminatory
means of satisfying a business purpose.
(12)Notwithstanding any other provision of this
chapter, it is not an unlawful discriminatory (B) This chapter shall not apply to any federal, state or
county government office or official, or any public
practice to apply or enforce the definition of educational institution within the City.
"family" for zoning purposes pursuant to §
151 01 of the Unified Development Code. (C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
119.05 Prohibited Acts of Discrimination - prohibit promotional activities such as senior citizen
Business Establishments or Public discounts and other similar practices designed
Accommodations primarily to encourage participation by a protected
group
(A) It shall be unlawful for a business establishment or
place of public accommodation to engage in any of (D) It shall not be an unlawful discriminatory practice
the following acts wholly or partially for a for an employer to observe the conditions of a
discriminatory reason: bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
(1) To deny, directly or indirectly, any person the insurance plan which is not a subterfuge or pretext
full enjoyment of the goods, services, facilities, to evade the purposes of this chapter.
privileges, advantages and accommodations
(E) It shall not be an unlawful discriminatory practice
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Enact Chapter 119 Civil Rights Administration
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for any person to carry out an affirmative action 119.09 Retaliation Prohibited
plan as required by state or federal law, or by court
order. (A) It is an unlawful discriminatory practice to coerce,
threaten, retaliate against, interfere with or
(F) Nothing contained in this chapter shall be deemed discriminate against a person because that person
to prohibit selection or rejection based solely upon has opposed any practice made unlawful by this
a bona fide occupational qualification or a bona chapter, has made a non-frivolous charge or
fide physical requirement. Nothing contained in this complaint, or has testified truthfully, assisted or
chapter shall be deemed to prohibit a religious or participated in an investigation, proceeding or
denominational institution from selecting or hearing pursuant to this chapter.
rejecting applicants and employees for non-secular
positions on the basis of the applicant's or (B) It is an unlawful discriminatory practice to require,
employee's conformance with the institution's request or suggest that a person or entity retaliate
religious or denominational principles. If a party against, interfere with, intimidate or discriminate
asserts that an otherwise unlawful practice is against a person because that person has opposed
justified as a permissible bona fide occupational any practice made unlawful by this chapter, has
qualification or a permissible bona fide physical made a non-frivolous charge or has testified
requirement, that party shall have the burden of truthfully, assisted or
proving: participated in an
investigation, proceeding or hearing authorized
(1) That the discrimination is in fact a necessary under this chapter.
result of such a bona fide condition; and (C) It is an unlawful discriminatory practice to cause or
coerce, or attempt to cause or coerce, directly or
(2) That there exists no less discriminatory means indirectly, any person in order to prevent that
of satisfying the bona fide requirement. person from complying with the provisions of this
chapter.
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide 119.10 Preservation of Business Records
religious or denominational preference, that party
shall have the burden of proving that the
discrimination is in fact a necessary result of such (A) Where a complaint of discrimination has been filed
a bona fide condition. against a person under this ordinance, such person
shall preserve all records relevant to the complaint
(H) Any age restrictions required by state or federal until a final disposition of the complaint.
law or regulations, including for the sale or delivery 119.11 Administration and Enforcement
of alcoholic beverages, are not improper age
discrimination under this chapter.
(A) The Mayor shall designate the Civil Rights
119.08 Posting of Notices Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints filed under this chapter. To
(A) Every employer or entity subject to this chapter be considered and administered by the Civil Rights
shall post and keep posted in a conspicuous Administrator, complaints must be received in the
location where business or activity is customarily Civil Rights Administrator's office no more than six
conducted or negotiated, a notice, the language months after the alleged discriminatory action or, in
and form of which has been prepared by the City of the case of ongoing alleged discriminatory actions,
Fayetteville, setting forth excerpts from or no more than six months after the most recent
summaries of the pertinent provisions of this incident of alleged discrimination. The Civil Rights
chapter and information pertinent to the Administrator shall prepare an easy to use
enforcement of rights hereunder. The notice shall complaint form and make the form easily
be in both English and Spanish. If over ten percent accessible to the public.
of an employer's employees speak, as their native
language, a language other than English or (B) The Civil Rights Administrator should first attempt
Spanish, notices at that employer's place of to eliminate the unlawful practice or practices
business shall be posted in that language. At the through conciliation or mediation. In conciliating a
request of the employer or entity, notices required complaint,the administrator should try to achieve a
by this section shall be provided by the City. just resolution and obtain assurances that the
Notices shall be posted within ten days after respondent will satisfactorily remedy any violation
receipt from the City. of the complainant's rights and take action to
ensure the elimination of both present and future
unlawful practices in compliance with this
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Enact Chapter 119 Civil Rights Administration
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chapter. If the Civil Rights Administrator (C) After any attempted conciliation or mediation, the
determines that the complainant is not acting in Civil Rights Administrator will refer any unresolved
good faith, the conciliation or mediation may be complaint and complainant as needed to the City
terminated and the complaint may be immediately Prosecutors office for appropriate further action,
dismissed. If the respondent is not participating in including prosecution.
good faith, the complaint may be immediately
referred to the City Prosecutor's office. (D) The filing of a complaint under this chapter does
not preclude any other state or federal remedies
that may be available to a complainant.
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2015-2019 Capital Improvements Plan(CIP)
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Eye04
1fle
ARK AN5A5
2015-2019 Five Year
Capital Improvements Program
July 29, 2014
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2015-2019 Capital Improvements Plan(CIP)
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Capital Improvements Plan
By Project Area — All Funds
$113,320,000
Information
Bridge & Technology Other
Drainage 2.31% 5.04% Parks &
1.59% Recreation
s 4.92%
Public Safety
8.70%
- Recycling &
Trash Collection
2.28%
Tra i I
7.01%
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2015-2019 Capital Improvements Plan(CIP)
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CITY OF FAYETTEVILLE, ARKANSAS
CAPITAL IMPROVEMENTS PROGRAM (2015-2019)
By Project Area — All Sources
Projected Projected Projected Projected Projected Total
Project Area 2015 2016 2017 2018 2019 2015-2019
Bridge & Drainage $ 360,000 $ 360,000 $ 360,000 $ 360,000 $ 360,000 $ 1,800,000
Information Technology 697,000 880,000 335,000 340,000 365,000 2,617,000
Other 1,425,000 1,232,000 1,056,000 1,051,000 952,000 5,716,000
Parks & Recreation 1,084,000 1,107,000 1,080,000 1,167,000 1,143,000 5,581,000
Public Safety 1,323,000 1,474,000 2,376,000 2,299,000 2391,000 9,863,000
Recycling/Trash 1,759,000 238,000 192,000 196,000 200,000 2,585,000
Street 350,000 100,000 100,000 100,000 100,000 750,000
Trail 1,940,000 1,500,000 1,500,000 1,500,000 1,500,000 7,940,000
Transportation 4,042,000 3,802,000 3,907,000 4,016,000 4,133,000 19,900,000
Vehicles & Equipment 3,717,000 3,942,000 3,884,000 3,239,000 2,723,000 17,505,000
Water & Sewer 10,499,000 8,005,000 7,438,000 6,966,000 6,155,000 39,063,000
Total $ 27,196,000 $22,640,000 $22,228,000 $21,234,000 $20,022,000 1113,320,000
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2015-2019 Capital Improvements Plan(CIP)
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Capital Improvements Plan
Sales Tax Capital Improvements Fund
Bridge & $40,239,000
Transportation Drainage . Fire
31.06% 0 12.41%
r4.47/o Information
Technology
6.50%
Library
6.76%
Other Capital
5.70%
Parks &
Trail Police Recreation
19.73% 9.86% 3.49%
NNW M.
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2015-2019 Capital Improvements Plan(CIP)
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CITY OF FAYETTEVILLE, ARKANSAS
CAPITAL IMPROVEMENTS PROGRAM (2015-2019)
Sales Tax Capital Improvements Funding - by Project Category
Projected Projected Projected Projected Projected Total
Project Cate gory 2015 2016 2017 2018 2019 2015-2019
Bridge & Drainage $ 360,000 $ 360,000 $ 360,000 $ 360,000 $ 360,000 $ 1,800,000
Fire 643,000 627,000 1,550,000 1,063,000 1,111,000 4,994,000
Information Technology 697,000 880,000 335,000 340,000 365,000 2,617,000
Library 441,000 525,000 519,000 615,000 622,000 2,722,000
Other Capital 684,000 580,000 422,000 346,000 260,000 2,292,000
Parks & Recreation 167,000 258,000 280,000 378,000 322,000 1,405,000
Police 510,000 672,000 646,000 1,051,000 1,090,000 3,969,000
Trail 1,940,000 1,500,000 1,500,000 1,500,000 1,500,000 7,940,000
Transportation 2,242,000 2,402,000 2,507,000 2,616,000 2,733,000 12500,000
Total $ 7,684,000 $ 7,804,000 $ 8,119,000 $ 8,269,000 $ 8,363,000 $ 40,239,000