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HomeMy WebLinkAbout2009-06-16 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petry Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 16, 2009 A meeting of the Fayetteville City Council will be held on June 16, 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 Mayor's Announcements, Proclamations and Recognitions: 1. FHS Baseball Team Proclamation Presentations, Reports and Discussion Items: 1. Nominating Committee Report. APPROVED A. Consent: 1. Approval of the June 2, 2009 City Council meeting minutes. APPROVED 2. Bid # 09-24 Downing Sales and Service: A resolution to award Bid # 09-24 to Downing Sales and Service to approve the purchase of a front load Solid Waste truck in the amount of$220,890.00 and to approve a budget adjustment of$36,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121-09 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Bid # 09-28 Lewis Ford: A resolution approving the purchase of an additional compact 2x4 extended cab pickup truck under Bid # 09-28 from Lewis Ford in the amount of $15,987.00 for use by the Meter Operations. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 122-09 4. Bid # 09-36 Henard Utility Products: A resolution awarding Bid # 09-36 and approving the purchase of one (1) trailer mounted sewer cleaner from Henard Utility Products of Searcy in the amount of$52,176.00 plus tax for use by the Water & Sewer Division; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-09 5. Bid # 09-37 Landers-McLarty Ford: A resolution awarding Bid# 09-37 and approving the purchase of one (1) cab & chassis with dump body from Landers-McLarty Ford of Bentonville in the amount of$34,783.03 for use by the Parks, Recreation & Community Spaces Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 124-09 6. Fourth Amendment to Articles of the Incorporation of the Walton Arts Center Foundation: A resolution to approve the Fourth Amendment to Articles of Incorporation of the Walton Arts Center Foundation, Inc. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-09 7. Bid # 09-38 MHC Kenworth/Volvo: A resolution awarding Bid # 09-38 and approving the purchase of one (1) diesel powered tandem axle dump truck from MHC Kenworth/Volvo of Springdale in the amount of $110,299.25 for use by the Water & Sewer Division; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-09 8. Bid # 09-39 MHC Kenworth/Volvo: A resolution awarding Bid# 09-39 and approving the purchase of one (1) diesel powered tandem axle dump truck with square body from MHC Kenworth/Volvo of Springdale in the amount of $109,190.00 for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 127-09 9. Bid # 09-40 Landers Ford Lincoln Mercury: A resolution to award Bid # 09-40 to Landers Ford Lincoln Mercury in the amount of$32,745.00 for a 3/4-Ton Pickup Truck. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 128-09 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 10. Bid # 09-41 Dean Crowder Construction, Inc.: A resolution awarding Bid# 09-41 and approving a construction contract with Dean Crowder Construction, Inc. in the amount of $1,360,185.43 for improvements to Township Street from Gregg Avenue to North College Avenue; and approving a 15% project contingency in the amount of $204,028.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 129-09 11. Bid # 09-43 Power Curbers, Inc.: A resolution to award Bid # 09-43 to Power Curbers, Inc. in the amount of $25,017.08 plus tax for the purchase of a trimmer for the curber machine and approve the attached budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130-09 12. Bid # 09-44 Wheeler Lumber, LLC: A resolution awarding Bid# 09-44 and approving the purchase of one (1) prefabricated steel trail bridge from Wheeler Lumber, LLC in the amount of$105,250.00 plus tax for the Lake Fayetteville Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-09 13. Mobile-Vision, Inc.: A resolution approving the purchase of five (5) additional in-car video systems from Mobile-Vision, Inc. in accordance with the continuing bid waiver granted by Ordinance No. 4551 of 2004, in the amount of $30,500.71 for use by the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 132-09 14. 2009 Bulletproof Vest Partnership Program Grant: A resolution to approve the 50% matching grant application for the bulletproof vest partnership with the Department of Justice in the amount of$39,199.82 for 54 body armor vests. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 133-09 15. Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing the Fayetteville Solid Waste & Recycling Division to accept an Arkansas Department of Environmental Quality Grant through Boston Mountain Solid Waste District in the amount of $25,000.00 to fund the purchase of recycling containers for collection at Fayetteville Public Schools; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 134-09 16. American Recovery and Reinvestment Act (ARRA): A resolution authorizing the Fayetteville Fire Department to apply for an American Recovery and Reinvestment Act (ARRA) Assistance to Firefighters Station Construction Grant in the amount $5,000,000.00 for the replacement and relocation of Fire Station#2. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 135-09 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org The following were added to the agenda: 1. Amend Chapter 164 Supplementary District Regulations: An ordinance to amend Chapter 164: Supplementary Zoning Regulations by enacting a new 164.20 Approval of Vital Municipal Facility and to approve an emergency clause. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5245 2. Lot 7 — John Smith Addition Lot Split: A resolution to approve a lot split form Lot 7 of the John Smith Addition and to approve the construction thereon of a 500,000 gallon water tower to serve the Mt. Sequoyah Pressure Plane. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 136-09 B. Unfinished Business: 1. Hyland Park Phase II — Water Storage Tank: A resolution to accept and approve the City Council Sewer Committee's decision to begin construction plans for a 500,000 gallon water storage tower on Lot 22 of Hyland Park Phase II. This resolution was tabled at the June 9, 2009 City Council meeting to the June 16, 2009 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 137-09 2. Hyland Park Phase II — Declaratory Judgment Action: A resolution to authorize the Fayetteville City Attorney to file a declaratory judgment action or other appropriate request for judicial relief concerning the ownership of Lot 22 of Hyland Park Phase II and the City's right to construct a water tower thereon. This resolution was tabled at the June 9, 2009 City Council meeting to the June 16, 2009 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 3. Bid # 09-34 Runway Safety Area Improvement Project: A resolution awarding Bid # 09-34 and approving a contract with Sweetser Construction, Inc. in the amount of $3,017,900.15 for construction of the Runway 16 Runway Safety Area Improvement Project. This resolution was tabled at the May 5, 2009 City Council meeting to the May 19, 2009 City Council meeting. This resolution was tabled at the May 19, 2009 City Council meeting to the June 2, 2009 City Council meeting. This resolution was tabled at the June 2, 2009 City Council meeting to the June 16, 2009 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 138-09 4. McClelland Consulting Engineers, Inc.: A resolution to approve Task Order No. 1 for engineering services by McClelland Consulting Engineers for Runway 16 Safety Improvements in the amount of$231,100.00. This resolution was tabled at the May 19, 2009 City Council meeting to the June 2, 2009 City Council meeting. This resolution was tabled at the June 2, 2009 City Council meeting to the June 16, 2009 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 139-09 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. Utilities Department Positions: A resolution to amend the 2009 Budget to authorize and fund two full time employee positions for project design and management of Utilities Department projects and to approve the attached budget adjustment to reduce the overall Water and Sewer Budget by $250,000.00. This resolution was tabled at the June 2, 2009 City Council meeting to the June 16, 2009 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 140-09 C. New Business: 1. Procter & Gamble: A resolution accepting a donation from Procter & Gamble in the amount of$30,000.00 to fund a portion of the development costs for a Dog Park at Bryce David Park; and approving a budget adjustment recognizing the revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 141-09 2. VAC 09-3269 (Schmitt, 298): An ordinance approving VAC 09-3269 submitted by Jorgensen and Associates for property located at 2614 Timberglen Lane to vacate an 875 square foot portion of a utility easement along the west side of the subject property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5246 3. VAC 09-3281 (Means/1661 Cypress Ln., 370): An ordinance approving VAC 09-3281 submitted by David Means for property located at 1661 East Cypress Lane to vacate an 84.4 square foot portion of a utility easement along the north side of the subject property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5247 4. VAC 09-3282 (U of A 20th Street, 601): An ordinance approving VAC 09-3282 submitted by Allen Young for property located at the University of Arkansas Research and Technology Park and South School Avenue to vacate approximately 86,684 square foot of right-of-way for 20th Street, lying within the subject property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5248 5. Quitclaim Deed for 20th Street and Access Land: A resolution to approve two quitclaim deeds to the University of Arkansas to convey the vacated 20th Street and a second small area which had been retained for access. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 142-09 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 6. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG Downtown General. THIS ITEM WAS LEFT ON THE FIRST READING. 7. Box Avenue Appeal: An ordinance rezoning that property described in rezoning petition RZN 09-3280, for approximately 1.20 acres, located at the northwest corner of Mission Boulevard and Box Avenue from R-O, Residential Office, to C-1, Neighborhood Commercial. THIS ITEM WAS LEFT ON THE FIRST READING. 8. Oakbrooke Community Appeal: Appeal the City Engineers decision to deny a request to construct a retaining wall along the public right of way on all lots within the Oakbrooke Subdivision. THIS APPEAL WAS DENIED. 9. Willoughby Road Rezoning: An ordinance rezoning that property identified as Parcels 765-15560-000 and 765-15560-001, for approximately 15.2 acres, located south of Willoughby Road and 0.8 miles east of Highway 71B from I-2, General Industrial to R- A, Residential Agricultural. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5249 Agenda Additions: 1. Amend Chapter 164 Supplementary District Regulations 2. Lot 7—John Smith Addition Lot Split Announcements: 1. City Council Tour: June 15, 2009 - RZN 09-3271 (Sale Barn/Campus Crest, LLC.) Adjournment: Meeting adjourned at 9:55 p.m. NOTICE TO MEMBERS OF THE AUDIENCE 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 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 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: Jun., 16, 2009 Adjourn: Subject: Roll Cook Petty Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan Subject: AQ Motion To: Motion By: 6JZ aAA Seconded: W� Cook Petty r/ Rhoads Ferrell �J Lucas t/ Lewis U/ Gray Thiel ✓ Mayor Jordan �} d 't� City Council Meeting: Junc 16,2009 Subject: Consent Motion To: Motion By: Seconded: Cook � (�y Petty Rhoads r' Ferrell Lucas Lewis ��@ ilGUb t Gray ✓ Thiel 135-C)q Mayor Jordan FAO Subject: Add . K �Motion To: c� A P\ 0 3.kJJ n > Ir Motion By: Pkok T Seconded: (7 t< C o© m, f, Cook fj (—t r�b� 41 Petty ✓ ✓ i Rhoads rf ✓ v /' n �D Ferrell t/ I Lucas ✓ / �/ Lewis �/ / ✓ L . Gray ✓ ✓ j Thiel Mayor Jordan City Council Meeting: Juim 16, 2009 Subject: Motion To: r, Motion By: Seconded: .l ®k Cook Petty Rhoads Ferrell Lucas �— Lewis f Gray f Thiel Mayor Jordan -D Subject: Motion To: Motion By: Seconded: Cook Petty Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan City Council Meeting: Jui.c 16, 2009 Subject: c` (9 4 .Ia Motion To: Y d'd Motion By: Seconded: c U Qddt'4Y Cook Petty Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan 'b Subject: 4 Motion To: Motion By: p Seconded: i Films Cook IdU ® r77t�?it- Petty �! Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan City Council Meeting: Jui.:, 16, 2009 Subject: 4- Motion _Motion To: Motion By: Seconded: Cook �— Petty Rhoads Ferrell Lucas Lewis V� Gray Thiel / j _O Mayor Jordan g -a Subject: Motion To: Motion By: Seconded: Cook Petty Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan City Council Meeting: Ju.._16, 2009 Subject: Hyland Park Phase I1—Water Storage Tank Motion To: JI4 /�Reonnv.¢�-Qz� et JAO, Motion By: Seconded: B. 1 Cook ✓ Unfinished Petty ✓ Business Rhoads i/' ✓ Ferrell ✓ Lucas ✓ Lewis ✓ Gray ✓ O Thiel /� ✓ Mayor Jordan `® 8 Subject: Hyland Park Phase 11—Declaratory Judgment Action Motion To: / � n Motion By: Seconded: B. 2 Cook Unfinished Petty Business Rhoads Ferrell Lucas Lewis Gray Thiel ✓ Mayor Jordan City Council Meeting: Ju..- 16,2009 Subject: Bid# 09-34 Runway Safety Area Improvement Project Motion To: Motion By: Seconded: B. 3 Cook Unfinished Petty ✓ Business Rhoads Ferrell �- Lucas L/ d Lewis v� Gray Thiel Mayor Jordan Subject: McClelland Consulting Engineers,Inc. Motion To: AW&4 -f0 pa-� Motion By: Seconded: —COOL B. 4 Cook ✓ V✓ Unfinished Petty c% Business Rhoads ✓ ✓ Ferrell ✓ ✓ I vv- Lucas �/ ✓ Lewis ✓ ✓� Gray z r Thiel Mayor Jordan 9-0 City Council Meeting: Jug- 16, 2009 Subject: Utilities Department Positions Motion To: 404 LOA�Q Motion By: Seconded: PA B. 5 Cook ! 0 Unfinished Petty V Business Rhoads Ferrell ✓� Lucas Lewis Gray Thiel Mayor Jordan Subject: Motion To: Motion By: Seconded: B Cook Unfi shed Petty Bu ine Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan City Council Meeting: Ju"- 16, 2009 Subject: Procter & Gamble Motion To: n Motion By: V Seconded: C. 1 Cook f New Petty f Business Rhoads Ferrell Lucas vi Lewis ✓ Gray Thiel " Mayor Jordan Subject: VAC 09-3269 (Schmitt,298) Motion To: Bid Motion By: Seconded: P C 2 Cook ✓ ✓ New Petty ✓ Business Rhoads U/ ✓ ✓ Ferrell t� ✓ ✓ °-�'� �' Q� Lucas OA 2�_ Lewis ✓ Gray ✓/ �/' Thiel /dgtt Mayor Jordan City Council Meeting: Ju,.- 16, 2009 Subject: VAC 09-3281 (Means/1661 Cypress Ln.,370) Motion To: Re J Motion By: s Seconded: C. 3 Cook New Petty Business Rhoads ats eak Cbw- 6U-sfw- iti Fe 3® "e.. Ferrell Lucas Lewis Gray ✓ f Thiel HLI)N I Mayor Jordan Subject: VAC 09-3282 (U of A 20`h Street, 601) Motion To: Motion By: evo Seconded: T C. 4 Cook ✓ f f New Petty �u�u ;rtg Business Rhoads / Ferrell �tJi2e�X Lucas 1=---- Lewis ✓ / Gray Thiel 400 Mayor Jordan City Council Meeting: Ju,.., 16, 2009 Subject: Quitclaim Deed for 20th Street and Access Land Motion To: Motion By: Seconded: C. 5 Cook New Petty ✓ Business Rhoads Ferrell Lucas Lewis Gray Thiel Iy.10 Mayor Jordan Subject: RZN 09-3271 (Sale Barn/Campus Crest LLC, 562) Motion To: Motion By: Seconded: C. 6 Cook New Petty Business Rhoads Ferrell k On Lucas Lewis Gray Thiel Mayor Jordan City Council Meeting: June 16, 2009 Subject: Box Avenue Appeal Motion To: Motion By: Seconded: C 7 Cook New Petty Business Rhoads Ferrell F � Lucas +rs Lewis f�QC t thC� Gray Thiel Mayor Jordan Subject: Oakbrooke Community Appeal Motion To: Motion By: AA)i Seconded: —P C. 8 Cook New Petty Business Rhoads Ferrell /V Lucas j Lewis inn c¢d Gray Thiel Mayor Jordan / LP `� City Council Meeting: Jur.: 16, 2009 Subject: Willoughby Road Rezoning Motion To: aro &J Motion By: Idu Seconded: Ok C. 9 Cook ✓ New Petty i/ ✓ Business Rhoadsw� "� i,/ ✓ Ferrell ✓ �/ Lucas Lewis ✓ �/' �� Gray ✓ Thiel a Mayor Jordan m 9 -0 (U Subject: Motion To: Motion By: Seconded: C. 10 Cook New Petty Business Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney - ---- DATE: June 17, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 16, 2009 1. Bid #09-24 Downing Sales & Service: A resolution to award Bid #09-24 to Downing Sales & Service to approve the purchase of a front load solid waste truck in the amount of$220,890.00 and to approve a budget adjustment of$36,000.00; 2. Bid #09-28 Lewis Ford: A resolution approving the purchase of an additional compact 2x4 extended cab pickup truck under Bid #09-28 from Lewis Ford in the amount of$15,987.00 for use by meter operations; 3. Bid #09-36 Henard Utility Products: A resolution awarding Bid #09-36 and approving the purchase of one trailer mounted sewer cleaner from Henard Utility Products of Searcy in the amount of$52,176.00 plus tax for use by the Water & Sewer Division and approving a budget adjustment; 4. Bid #09-37 Landers-McLarty Ford: A resolution awarding Bid #09-37 and approving the purchase of one cab & chassis with dump body from Landers-McLarty Ford of Bentonville in the amount of $34,783.03 for use by the Parks. Recreation and Community Spaces Division; 5. Fourth Amendment to Articles of Incorporation of Walton Arts Center Foundation: A resolution to approve the Fourth Amendment to Articles of Incorporation of Walton Arts Center; 6. Bid #09-38 MHC KenworthNolvo: A resolution awarding Bid #09-38 and approving the purchase of one diesel powered tandem axle dump truck from MHC Kenworth/Volvo of Springdale in the amount of $110,299.25 for use by the Water & Sewer Division and approving a budget adjustment; 7. Bid #09-39 MHC Kenworth/Volvo: A resolution awarding Bid #09-39 and approving the purchase of one diesel powered tandem axle dump truck with square body from MHC Kenworth/Volvo of Springdale in the amount of $109,190.00 for use by the Transportation Division; 8. Bid #09-40 Landers Ford Lincoln Mercury: A resolution to award Bid #09-40 to Landers Ford Lincoln Mercury in the amount of$32,745.00 for a %-ton 4x4 pickup truck; 9. Bid #09-41 Dean Crowder Construction, Inc.: A resolution awarding Bid #09-41 and approving a construction contract with Dean Crowder Construction, Inc. in the amount of $1,360,185.43 for improvements to Township Street From Gregg Avenue to North College Avenue; and approving a 15%project contingency in the amount of$204,028.00; 10. Bid #09-43 Power Curbers, Inc.: A resolution to award Bid #09-43 to Power Curbers, Inc. in the amount of$25,017.08 plus tax for the purchase of a trimmer for the curber machine and approve the attached budget adjustment; 11. Bid #09-44 Wheeler Lumber, LLC: A resolution awarding Bid #09-44 and approving the purchase of one prefabricated steel trail bridge from Wheeler Lumber, LLC in the amount of$105,250.00 plus tax for the Lake Fayetteville Trail; 12. Mobile-Vision, Inc.: A resolution approving the purchase of five additional in-car video systems from Mobile-Vision, Inc. in accordance with the continuing bid waiver granted by Ordinance no. 4551 of 2004, in the amount of $30,500.71 for use by the Fayetteville Police Department; 13. 2009 Bulletproof Vest Partnership Program Grant: A resolution to approve the 50% matching grant application for the bulletproof vest partnership with the Department of Justice in the amount of$39, 199.82 for 54 body armor vests; 14. Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing the Fayetteville Solid Waste & Recycling Division to accept an Arkansas Department of Environmental Quality Grant through Boston Mountain Solid Waste District in the amount of $25,000.00 to fund the purchase of recycling containers for collection at Fayetteville public schools; and approving a budget adjustment recognizing the grant revenue; 15. American Recovery and Reinvestment Act (ARRA): A resolution authorizing the Fayetteville Fire Department to apply for an American Recovery and Reinvestment Act (ARRA) Assistance to Firefighters Station Construction grant in the amount of $5,000,000.00 for the replacement and relocation of Fire station #2; 2 16. Vital Municipal Facility: An ordinance to amend Chapter 164: Supplementary Zoning Regulation by enacting a new §164.20 Approval of Vital Municipal Facility and to approve an emergency clause; 17. Construction on Lot 7 of John Smith Addition: A resolution to accept and approve the City Council Sewer Committee's decision to begin construction plans for a 500,000 gallon water storage tower on a portion of Lot 7 of John Smith Addition; 18. Lot 7 — John Smith Addition Lot Split: A resolution to approve a lot split from Lot 7 of the John Smith Addition and to approve the construction thereon of a 500,000 gallon water tower to serve the Mt. Sequoyah Pressure Plane; 19. Bid #09-34 Runway Safety Area Improvement Project: A resolution awarding Bid #09-34 and approving a contract with Sweetser Construction, Inc. in the amount of $3,017,900.15 for construction of the Runway 16 Runway Safety Area Improvement Project; 20. McClelland Consulting Engineers, Inc.: A resolution to approve task Order No. 1 for Engineering Services by McClelland Consulting Engineers for Runway 16 Safety Improvements in the amount of$231,100.00; 21. Utilities Department Position: A resolution to amend the 2009 Budget to authorize and fund two full time employee positions for Project Design and Management of Utilities Department Projects and to approve the attached budget adjustment to reduce the overall water and sewer budget by $250,000.00; 22. Procter & Gamble: A resolution accepting a donation from Procter & Gamble in the amount of $30,000.00 to fund a portion of the development costs for a Dog Park at Bryce Davis Park and approving a budget adjustment recognizing the revenue; 23. Quitclaim Deed for 20th Street & Access Land: A resolution to approve two quitclaim deeds to the University of Arkansas to convey the vacated 20th Street and a second small area which had been retained for access. 3 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 16, 2009 A meeting of the Fayetteville City Council will be held on June 16, 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 Mayor's Announcements, Proclamations and Recognitions: 1. FHS Baseball Team Proclamation Presentations, Reports and Discussion Items: 1. Nominating Committee Report A. Consent: 1. Approval of the June 2, 2009 City Council meeting minutes. 2. Bid # 09-24 Downing Sales and Service: A resolution to award Bid # 09-24 to Downing Sales and Service to approve the purchase of a front load Solid Waste truck in the amount of$220,890.00 and to approve a budget adjustment of$36,000.00. 3. Bid # 09-28 Lewis Ford: A resolution approving the purchase of an additional compact 2x4 extended cab pickup truck under Bid # 09-28 from Lewis Ford in the amount of $15,987.00 for use by the Meter Operations. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Bid # 09-36 Henard Utility Products: A resolution awarding Bid # 09-36 and approving the purchase of one (1) trailer mounted sewer cleaner from Henard Utility Products of Searcy in the amount of$52,176.00 plus tax for use by the Water & Sewer Division; and approving a budget adjustment. 5. Bid # 09-37 Landers-McLarty Ford: A resolution awarding Bid#09-37 and approving the purchase of one (1) cab & chassis with dump body from Landers-McLarty Ford of Bentonville in the amount of$34,783.03 for use by the Parks, Recreation & Community Spaces Division. 6. Fourth Amendment to Articles of the Incorporation of the Walton Arts Center Foundation: A resolution to approve the Fourth Amendment to Articles of Incorporation of the Walton Arts Center Foundation, Inc. 7. Bid # 09-38 MHC Kenworth/Volvo: A resolution awarding Bid # 09-38 and approving the purchase of one (1) diesel powered tandem axle dump truck from MHC Kenworth/Volvo of Springdale in the amount of $110,299.25 for use by the Water & Sewer Division; and approving a budget adjustment. 8. Bid # 09-39 MHC Kenworth/Volvo: A resolution awarding Bid# 09-39 and approving the purchase of one (1) diesel powered tandem axle dump truck with square body from MHC Kenworth/Volvo of Springdale in the amount of $109,190.00 for use by the Transportation Division. 9. Bid # 09-40 Landers Ford Lincoln Mercury: A resolution to award Bid # 09-40 to Landers Ford Lincoln Mercury in the amount of$32,745.00 for a3/4-Ton Pickup Truck. 10. Bid # 09-41 Dean Crowder Construction, Inc.: A resolution awarding Bid# 09-41 and approving a construction contract with Dean Crowder Construction, Inc. in the amount of $1,360,185.43 for improvements to Township Street from Gregg Avenue to North College Avenue; and approving a 15% project contingency in the amount of $204,028.00. 11. Bid # 09-43 Power Curbers, Inc.: A resolution to award Bid # 09-43 to Power Curbers, Inc. in the amount of $25,017.08 plus tax for the purchase of a trimmer for the curber machine and approve the attached budget adjustment. 12. Bid # 09-44 Wheeler Lumber, LLC: A resolution awarding Bid # 09-44 and approving the purchase of one (1) prefabricated steel trail bridge from Wheeler Lumber, LLC in the amount of$105,250.00 plus tax for the Lake Fayetteville Trail. 13. Mobile-Vision, Inc.: A resolution approving the purchase of five (5) additional in-car video systems from Mobile-Vision, Inc. in accordance with the continuing bid waiver granted by Ordinance No. 4551 of 2004, in the amount of $30,500.71 for use by the Fayetteville Police Department. 14. 2009 Bulletproof Vest Partnership Program Grant: A resolution to approve the 50% matching grant application for the bulletproof vest partnership with the Department of Justice in the amount of$39,199.82 for 54 body armor vests. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 15. Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing the Fayetteville Solid Waste & Recycling Division to accept an Arkansas Department of Environmental Quality Grant through Boston Mountain Solid Waste District in the amount of $25,000.00 to fund the purchase of recycling containers for collection at Fayetteville Public Schools; and approving a budget adjustment recognizing the grant revenue. 16. American Recovery and Reinvestment Act (ARRA): A resolution authorizing the Fayetteville Fire Department to apply for an American Recovery and Reinvestment Act (ARRA) Assistance to Firefighters Station Construction Grant in the amount $5,000,000.00 for the replacement and relocation of Fire Station#2. B. Unfinished Business: 1. Hyland Park Phase II — Water Storage Tank: A resolution to accept and approve the City Council Sewer Committee's decision to begin construction plans for a 500,000 gallon water storage tower on Lot 22 of Hyland Park Phase II. This resolution was tabled at the June 9, 2009 City Council meeting to the June 16, 2009 City Council meeting. 2. Hyland Park Phase II — Declaratory Judgment Action: A resolution to authorize the Fayetteville City Attorney to file a declaratory judgment action or other appropriate request for judicial relief concerning the ownership of Lot 22 of Hyland Park Phase II and the City's right to construct a water tower thereon. This resolution was tabled at the June 9, 2009 City Council meeting to the June 16, 2009 City Council meeting. 3. Bid # 09-34 Runway Safety Area Improvement Project: A resolution awarding Bid # 09-34 and approving a contract with Sweetser Construction, Inc. in the amount of $3,017,900.15 for construction of the Runway 16 Runway Safety Area Improvement Project. This resolution was tabled at the May 5, 2009 City Council meeting to the May 19, 2009 City Council meeting. This resolution was tabled at the May 19, 2009 City Council meeting to the June 2, 2009 City Council meeting. This resolution was tabled at the June 2, 2009 City Council meeting to the June 16, 2009 City Council meeting. 4. McClelland Consulting Engineers, Inc.: A resolution to approve Task Order No. 1 for engineering services by McClelland Consulting Engineers for Runway 16 Safety Improvements in the amount of $231,100.00 and to approve a budget adjustment of $231,096.00. This resolution was tabled at the May 19, 2009 City Council meeting to the June 2, 2009 City Council meeting. This resolution was tabled at the June 2, 2009 City Council meeting to the June 16, 2009 City Council meeting. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. Utilities Department Positions: A resolution to amend the 2009 Budget to authorize and fund two full time employee positions for project design and management of Utilities Department projects and to approve the attached budget adjustment to reduce the overall Water and Sewer Budget by $250,000.00. This resolution was tabled at the June 2, 2009 City Council meeting to the June 16, 2009 City Council meeting. C. New Business: 1. Procter & Gamble: A resolution accepting a donation from Procter & Gamble in the amount of$30,000.00 to fund a portion of the development costs for a Dog Park at Bryce David Park; and approving a budget adjustment recognizing the revenue. 2. VAC 09-3269 (Schmitt, 298): An ordinance approving VAC 09-3269 submitted by Jorgensen and Associates for property located at 2614 Timberglen Lane to vacate an 875 square foot portion of a utility easement along the west side of the subject property. 3. VAC 09-3281 (Means/1661 Cypress Ln., 370): An ordinance approving VAC 09-3281 submitted by David Means for property located at 1661 East Cypress Lane to vacate an 84.4 square foot portion of a utility easement along the north side of the subject property. 4. VAC 09-3282 (U of A 20th Street, 601): An ordinance approving VAC 09-3282 submitted by Allen Young for property located at the University of Arkansas Research and Technology Park and South School Avenue to vacate approximately 86,684 square foot of right-of-way for 201h Street, lying within the subject property. 5. Quitclaim Deed for 20th Street and Access Land: A resolution to approve two quitclaim deeds to the University of Arkansas to convey the vacated 20th Street and a second small area which had been retained for access. 6. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG Downtown General. 7. Box Avenue Appeal: An ordinance rezoning that property described in rezoning petition RZN 09-3280, for approximately 1.20 acres, located at the northwest corner of Mission Boulevard and Box Avenue from R-O, Residential Office, to C-1, Neighborhood Commercial. 8. Oakbrooke Community Appeal: Appeal the City Engineers decision to deny a request to construct a retaining wall along the public right of way on all lots within the Oakbrooke Subdivision. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 9. Willoughby Road Rezoning: An ordinance rezoning that property identified as Parcels 765-15560-000 and 765-15560-001, for approximately 15.2 acres, located south of Willoughby Road and 0.8 miles east of Highway 71B from I-2, General Industrial to R- A, Residential Agricultural. Agenda Additions: Announcements: 1. City Council Tour: June 15, 2009 -RZN 09-3271 (Sale Barn/Campus Crest, LLC.) 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 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 of Fayetteville Staff Review Form A. 16 American Recovery and /y City Council Agenda Items Reinvestment Act(ARRA) and Page 1 of 16 U Contracts, Leases or Agreements !y , 4ely420W 1 City Council Meeting Date Agenda Items Only TONY JOHNSON FIRE FIRE Submitted By Division Department Action Required: Permission to apply for an ARRA(American Recovery and Reinvestment Act)Assistance to Firefighters Fire Station Construction grant in the amount of$5,000,000. This grant program does not require any matching funds. $ _ $ - Federal Grant Revenues Cost of this request Category/Project Budget Program Category/Project Name 1010.0001.4309.00 $ - Revenue Account Number Funds Used to Date Program/Project Category Name $ General Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �� �— & ' + Previous Ordinance or Resolution# Depar6ned Director Date Original Contract Date: Original Contract Number: City Attorney a 4c,.,A Ck_ 6 S•69 Finance and Internal Services Director Date Received in City Clerk's Office ENTPP,PO hi of S 0aff Date ENTER 0 _ Received in �S Mayor's Office Mayor Date Comments: Revised January 15, 2009