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HomeMy WebLinkAbout2011-06-07 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 7, 2011 A meeting of the Fayetteville City Council will be held on June 7, 2011 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: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the May 17, 2011 City Council meeting minutes. APPROVED 2. Bid #10-56 Upchurch Electrical Supply Company: A resolution authorizing the purchase of twelve (12) additional LED fixtures in the amount of $15,408.00 plus applicable sales tax from Upchurch Electrical Supply Company pursuant to Bid #10-56 for street installation near the Fayetteville Public Library, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #11-30 Meridian Construction Management, Inc.: A resolution awarding Bid #11-30 and authorizing a contract with Meridian Construction Management, Inc. in the amount of$26,890.00 for demolition of the Lake Sequoyah boat dock, and approving a fifteen percent (15%)project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-11 4. Bid #11-35 King Electrical Contractors, Inc.: A resolution awarding Bid #11-35 and authorizing a contract with King Electrical Contractors in the amount of$54,581.00 for construction and installation of an emergency electrical generator at the Fayetteville Senior Center, and approving a ten percent (10%) project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-11 5. Bid #11-38 RJR Enterprises, Inc.: A resolution awarding Bid#11-38 and authorizing a contract with RJR Enterprises, Inc. in the amount of $67,739.00 for construction of recreational swings at Lake Fayetteville Park, and authorizing a ten percent (10%) project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-11 6. Multi-Craft Contractors, Inc.: A resolution authorizing a contract with Multi-Craft Contractors, Inc. in the amount of $26,290.00 for one (1) HVAC unit and associated equipment for the Yvonne Richardson Center, and approving a ten percent (10%) project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-11 7. Amend Resolution No. 04-10: A resolution amending Resolution No. 04-10 and approving an agreement with Arkansas Western Gas Company in the amount of $102,053.65 for relocation of gas tines and appurtenances as part of the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-11 8. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department Policies 1.3.4 Less Lethal Weapons, 41.1.1 Patrol, and 61.1.12 Police Traffic Radar Operation. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-11 9. 2011 ADEQ Recycling Grant: A resolution authorizing application for a 2011 Arkansas Department of Environmental Quality Recycling Grant through the Boston Mountain Solid Waste District in the amount of $23,500.00 to fund a pilot apartment recycling container. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 10. Arkansas Highway and Transportation Department Contract: A resolution authorizing a contract with the Arkansas Highway and Transportation Department for design of water and sewer relocations relating to the widening of Crossover Road (State Highway 265) between Joyce Boulevard and Albright Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-11 11. Beaver Water District: A resolution authorizing a contract with the Beaver Water District for land application disposal of water treatment residuals. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-11 B. Unfinished Business: 1. Amend §95.05 Regulation of Smoking in Most Public Places and Places of Employment: An ordinance to amend §95.05 Regulation of Smoking in Most Public Places and Places of Employment of the Fayetteville Code by removing the exemption for bars. This ordinance was left on the First Reading at the May 3, 2011 City Council meeting. This ordinance was left on the Second Reading at the May 17, 2011 City Council meeting. THIS ITEM FAILED. C. New Business: 1. RZN 11-3799 (Corner of Mount Comfort and Oakland Avenue/Oakland Courts): An ordinance rezoning that property described in rezoning petition RZN 11-3799, for approximately 1.43 acres, located at the corner of Mount Comfort Road and Oakland Avenue from RMF-24, Residential Multi-Family, 24 units per acre to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5412 2. VAC 11-3837 (1849 South Garland Avenue ROW Vacation): An ordinance approving VAC 11-3837 submitted by Morgan Hooker for property located at 1849 South Garland Avenue to vacate a portion of an un-constructed right-of-way, a total of 258 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5413 3. Bid #11-37 Dean Crowder Construction, Inc.: A resolution awarding Bid#11-37 and authorizing a contract with Dean Crowder Construction, Inc. in the amount of $3,815,173.70 for construction of improvements to Cato Springs Road and Razorback Road to School Avenue, approving a five percent project contingency, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 93-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Tour: Monday, June 6, 2011 at 4:30 p.m. The Council will tour the Westside Wastewater Treatment Plant and Woolsey Prairie. Announcements: Adjournment: 11:45 p.m. 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 Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: June 7,2011 Adjourn: 4,5 P N Subject: Roll Petty Tennant Ferrell Adams e/ Lewis Gray Thiel Kinion Mayor Jordan 9-0 Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Thiel Mnion Mayor Jordan City Council Meeting: June 7,2011 Subject: Consent Motion To: 'prove, Motion By: Seconded: G Petty /ViTennant V/ (yt ova Ferrell ✓ PAdams Lewis ✓ Gray ✓ Thiel Kinion ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Thiel Kinion Mayor Jordan City Council Meeting: June 7, 2011 Subject: Amend §95.05 Regulation of Smoking in Most Public Places and Places of Emplo meat Motion To: Motion By: Seconded: B. 1 Petty i9 ✓ Unfinished Tennant ✓ Business Ferrell Adams Lewis i✓ Gray Thiel ✓ e� Kinion ✓ /✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Thiel Kinion Mayor Jordan City Council Meeting: June 7,2011 Subject: RZN 11-3799 (Corner of Mount Comfort and Oakland Avenue/Oakland Courts) Motion To: and lad 3ad Zal PdAa,a Motion By: Seconded: GA ft C. 1 Petty ✓ ✓ New Tennant ✓ ✓ Business Ferrell VII, ✓ ✓ Adams ✓ V, f Lewis �✓ �/ paced Gray v' ✓ `'� Thiel ✓ ✓ ✓ 412 Minion ✓ ,s ✓ Mayor Jordan 8 -D Subject: VAC 11-3837 (1849 South Garland Avenue ROW Vacation) Motion To: and Vial 3Ad LA Y ll� Motion By: I Aak ok Seconded: Jwww3wVUV C. 2 Petty ✓ ✓ ✓ New Tennant ,/ ✓ Vol, Business Ferrell t/ Adams ✓ ✓ i/ Lewis �' ✓ P4l4A Gray 6/ '� ✓ Thiel ✓ ✓ ✓ 1{inion '� ✓ '� Mayor Jordan City Council Meeting: June 7,2011 Subject: Bid#11-37 Dean Crowder Construction,Inc Motion To: Motion By: Seconded: C 3 Petty ✓ New Tennant ,/ Business Ferrell i/ Adams i/ Lewis Pw4kd Gray IThiel Kinion ✓ Mayor Jordan 8-o Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Thiel Kinion Mayor Jordan Lvilaye a Departmental Correspondence LEGAL S wwaccessfayetteville. • • DEPARTMENT Kit Williams TO: Mayor Jordan City Attorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant City Attorney FROM: Kit Williams, City Attorney� DATE: June 8, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 7, 2011 1. Upchurch Electrical Supply Co.: A resolution authorizing the purchase of twelve additional LED fixtures in the amount of $15,408.00 plus applicable sales tax from Upchurch Electrical Supply Company pursuant to Bid #10-56 for street installation near the Fayetteville Public Library, and approving a budget adjustment. 2. Meridian Construction Management, Inc.: A resolution awarding Bid #11-30 and authorizing a contract with Meridian Construction Management, Inc. in the amount of $26,890.00 for demolition of the Lake Sequoyah Boat Dock and approving a 15% project contingency. 3. King Electrical Contractors, Inc.: A resolution awarding Bid #11-35 and authorizing a contract with King Electrical Contractors in the amount of $54,581.00 for construction and installation of an emergency electrical generator at the Fayetteville Senior Center and approving a 10% project contingency. 4. RJR Enterprises, Inc.: A resolution awarding Bid #11-38 and authorizing a contract with RJR Enterprises, Inc. in the amount of$67,739.00 for construction of recreational swings at Lake Fayetteville Park, and authorizing a 10% project contingency. 5. Multi-Craft Contractors, Inc.: A resolution authorizing a contract with Multi-Craft Contractors, Inc. in the amount of$26,290.00 for one HVAC unit and associated equipment for the Yvonne Richardson Center, and approving a 10% project contingency. 6. Amendment to Resolution No. 04-10: A resolution amending Resolution No. 04-10 and approving an agreement with Arkansas Western Gas Company in the amount of$102,053.65 for relocation of gas lines and appurtenances as part of the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport. 7. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department Policies 1.3.4 Less Lethal Weapons, 41.1.1 Patrol, and 61.1.12 Police Traffic Radar Operation. 8. 2011 ADEQ Recycling Grant: A resolution authorizing application for a 2011 Arkansas Department of Environmental Quality Recycling Grant through the Boston Mountain Solid Waste District in the amount of$23,500.00 to fund a pilot apartment recycling container. 9. Arkansas Highway and Transportation Department Contract: A resolution authorizing a contract with the Arkansas Highway and Transportation Department for design of water and sewer relocations relating to the widening of Crossover Road (State Highway 265) between Joyce Boulevard and Albright Road. 10. Beaver Water District: A resolution authorizing a contract with the Beaver Water District for land application disposal of water treatment residuals. • aYASke evl le Departmental Correspondence LEGAL wwaccessfayetteville.org DEPARTMENT Kit Williams TO: Mayor Jordan CityAttorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant City Attorney FROM: Kit Williams, City Attorney DATE: June 9, 2011 RE: Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of June 7, 2011 The following resolution was omitted from the memo issued June 8, 2011 detailing the passed ordinances and resolutions from the June 7, 2011 City Council meeting. 1. Dean Crowder Construction, Inc.: A resolution awarding Bid #11-37 and authorizing a contract with Dean Crowder Construction, Inc. in the amount of $3,815,173.70 for construction of improvements to Cato Springs Road and Razorback Road to School Avenue, approving a five percent project contingency, and approving a budget adjustment.. Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 7, 2011 A meeting of the Fayetteville City Council will be held on June 7, 2011 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: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the May 17, 2011 City Council meeting minutes. 2. Bid #10-56 Upchurch Electrical Supply Company: A resolution authorizing the purchase of twelve (12) additional LED fixtures in the amount of $15,408.00 plus applicable sales tax from Upchurch Electrical Supply Company pursuant to Bid #10-56 for street installation near the Fayetteville Public Library, and approving a budget adjustment. 3. Bid #11-30 Meridian Construction Management, Inc.: A resolution awarding Bid #11-30 and authorizing a contract with Meridian Construction Management, Inc. in the amount of$26,890.00 for demolition of the Lake Sequoyah boat dock, and approving a fifteen percent(15%)project contingency. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Bid #11-35 King Electrical Contractors, Inc.: A resolution awarding Bid #11-35 and authorizing a contract with King Electrical Contractors in the amount of$54,581.00 for construction and installation of an emergency electrical generator at the Fayetteville Senior Center, and approving a ten percent(10%) project contingency. 5. Bid #11-38 RJR Enterprises, Inc.: A resolution awarding Bid#11-38 and authorizing a contract with RJR Enterprises, Inc. in the amount of $67,739.00 for construction of recreational swings at Lake Fayetteville Park, and authorizing a ten percent (10%) project contingency. 6. Multi-Craft Contractors, Inc.: A resolution authorizing a contract with Multi-Craft Contractors, Inc. in the amount of $26,290.00 for one (1) HVAC unit and associated equipment for the Yvonne Richardson Center, and approving a ten percent (10%) project contingency. 7. Amend Resolution No. 04-10: A resolution amending Resolution No. 04-10 and approving an agreement with Arkansas Western Gas Company in the amount of $102,053.65 for relocation of gas lines and appurtenances as part of the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport. 8. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department Policies 1.3.4 Less Lethal Weapons, 41.1.1 Patrol, and 61.1.12 Police Traffic Radar Operation. 9. 2011 ADEQ Recycling Grant: A resolution authorizing application for a 2011 Arkansas Department of Environmental Quality Recycling Grant through the Boston Mountain Solid Waste District in the amount of $23,500.00 to fund a pilot apartment recycling container. 10. Arkansas Highway and Transportation Department Contract: A resolution authorizing a contract with the Arkansas Highway and Transportation Department for design of water and sewer relocations relating to the widening of Crossover Road (State Highway 265) between Joyce Boulevard and Albright Road. 11. Beaver Water District: A resolution authorizing a contract with the Beaver Water District for land application disposal of water treatment residuals. B. Unfinished Business: 1. Amend §95.05 Regulation of Smoking in Most Public Places and Places of Employment: An ordinance to amend §95.05 Regulation of Smoking in Most Public Places and Places of Employment of the Fayetteville Code by removing the exemption for bars. This ordinance was left on the First Reading at the May 3, 2011 City Council meeting. This ordinance was left on the Second Reading at the May 17, 2011 City Council meeting. Left on the Second Reading 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. RZN 11-3799 (Corner of Mount Comfort and Oakland Avenue/Oakland Courts): An ordinance rezoning that property described in rezoning petition RZN 11-3799, for approximately 1.43 acres, located at the corner of Mount Comfort Road and Oakland Avenue from RMF-24, Residential Multi-Family, 24 units per acre to CS, Community Services. 2. VAC 11-3837 (1849 South Garland Avenue ROW Vacation): An ordinance approving VAC 11-3837 submitted by Morgan Hooker for property located at 1849 South Garland Avenue to vacate a portion of an un-constructed right-of-way, a total of 258 square feet. 3. Bid #11-37 Dean Crowder Construction, Inc.: A resolution awarding Bid #11-37 and authorizing a contract with Dean Crowder Construction, Inc. in the amount of $3,815,173.70 for construction of improvements to Cato Springs Road and Razorback Road to School Avenue, approving a five percent project contingency, and approving a budget adjustment. City Council Tour: Monday, June 6, 2011 at 4:30 p.m. The Council will tour the Westside Wastewater Treatment Plant and Woolsey Prairie. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 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 Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 •- Requisition o.: ate: A.4 City Of Fayetteville - Purchase Order (PO)Request 5.26.2011 Bid#11-35 King Electrical (Not a Purchase Order) P.0 Number: Expected Delivery Dantractors, Inc. All:purchases under$2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions) Page 1 of 2 All PO Request shall be scanned to the Purchasing e-mail:Ourchasing@ci.fayetieville.ar.us Vendor#: Vendor Name: Mail 5974 King Electrical Contractors,Inc. Yes:X No: Address: Fob Point: Taxable Quotes Attached 2145 W.Moore Ln. Yes:_ No:_X_yes:_ City: State: Zip Code: Ship to code: Divison He pprovai: Fayetteville AR 72704 �rE� Requester: Requesters Employee M Extension: Larry Rennie 650 363 Item Descri Oon Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro'ecf/Sub ro'ect# Inventory# Fixed Asset# 1 and associated equipment 1 $54,581.00 4470.9470.5400.00 02046.0202 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Y Special Instructions: Subtotal: $54,581.00 Tax: Total: $54,581.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance&Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1/2/2008 A.4 Bid#11-35 King Electrical Contractors, Inc. Page 2 of 2 A.7 Amend Resolution No.04-10 Page 1 of 6 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 04-10 AND APPROVING AN AGREEMENT WITH ARKANSAS WESTERN GAS COMPANY IN THE AMOUNT OF $102,053.65 FOR RELOCATION OF GAS LINES AND APPURTENANCES AS PART OF THE RSA RUNWAY 16 IMPROVEMENT PROJECT AT THE FAYETTEVILLE EXECUTIVE AIRPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution No. 04-10 by deleting the reference to $83,000.00 and replacing it with $102,053.65, and by deleting the project contingency. PASSED and APPROVED this 7t'day of June, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.7 Amend Resolution No.04-10 Page 2 of 6 Account Number: 411010049704 Page: 1 Customer Number: 1101000380 Invoice Number: 401000056945 1.800-563-0012 CITY OF FAYETTEVILLE Billing Date: 05/25/2011 www.awgonline.com 113 W MOUNTAIN ST Mail Date: 05/26/2011 FAYETTEVILLE AR 72701-6069 Includes Corrections to Prior Periods Previous Balance $127,675.44 Payment $0.00 Adjustment ($127,675.44) Balance Forward $0.00 Current Amount/Charges $102,053.65 Total Amount Due $102,053.65 Current Amount Due Date 06/17/2011 ' N `' F,�J¢,CfI[' Otff'��kC01llTf . Security Deposit on Record $0.00 rix �,�a�lyttmer afly�vher2� ` • g payment for Current AmountlCharges is not received by 06117/2011,a late payment charge of $16.00 will be assessed.Current AmountlCharges are due on 0611712011. Arkansas Western Gas makes it easy to e to Care • Access to your Account Is now available via the Internet and Phone.On the Internet,you can change account Q check your account balance, information,view your consumption history,sign up for recurring electronic payment or electronio-bill(paperless bill) and also view your statement.Go to www.ewgonline.com to sign-up today. RI make a one-time payment ImoomntInforniation El sign up for recurring auto • For your convenience you can pay your bill electronically using a credit card or by automatic withdrawal from your bank payments and more. account.You can loam more by calling our Customer Care Center or by logging onto www.mgonline.com. • If you suspect gas leak,don't welt.Leave the area and from a safe distance can our emergency service Register your account online number at 1-600563.0012.Choose your language and press optic 1. at Www.awgonline.com.Just - • If you have questions concerning your bill statement,service or delayed psymenlagreementplease call our click the"ACCOUOt L0g10" Customer cam Canter at 1.600.663-0012. button to get started) • Please send all wnespondence and legal notices separately tc Arkansas Western Gas Company,PO Box 13266, Fayetteville,AR 727031002. Or If you'd prefer,call •To update your mailing address visit www.mIlonline.com and log Into your account,or call us at 1-600-663-0012. 1-800563-0012 and after Disclosum - choosing your language, • Electronic Check-Re pmhmntment Policy In the event that your check Is returned unpaid for insufficient or uncollected funds,we may represent your check press option 2. electronically.In the ordinary course of business,your check will not be provided to you with your bank statement,but a copy can be retrieved by contacting your financial Institution. • Effective June 1,2011,when you provide a check as payment,you authorize us either to use Information from your check to make a ane-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the same day we receive your payment,and you will not receive your check back from your financial institution. b to • with AWG's energy-efficiency programs,you'll save money and energy at the some betel Take advantage of rebates and Irnv or no-cwt energy tips.Visit www.ExcessisOulcom for more Infonnationl .Please do not sta le or fold Please return this Portion with your Dayment and write your account number on the heck. Loan Overpayment Account Number CurrentAmount Due Date Total Amount Due Cheek here and 411010049704 06117/2011 $102,053.65 Intlkete amount of ❑ ova yment an beck 1 have added the following amount to my bill as my donation to Salvation Army's Hearts Warming Homes $_Other❑$5❑$100$20 Total Amount Enclosed: II'IIII�III�hIr�IIII�11gIIIt�nIL�II�JI�I�11L�r�1111111�111' CITY OF FAYETTEVILLE Arkansas Western Gas Company 10 1004607-CITY AIP 3-05-0020 0038-2009 PO Box 660559 113 W MOUNTAIN ST Dallas TX 75266-0559 FAYETTEVILLE AR 72701-6069 411010049704 1048 010205365 A.7 Amend Resolution No.04-10 Page 3 of 6 Account Number: 411010049704 Page: 2 Customer Number:1101000380 Invoice Number: 401000056945 CITY OF FAYETTEVILLE Billing Date: 05/25/2011 113W MOUNTAIN ST Mail Date: 05/26/2011 FAYETTEVILLE AR 72701-6069 Includes Corrections to Prior Periods Regulated Service - 102053.65 _ Total Current Charges $102,053.66 _Adjustments Canceled Regulated Service 05/25/2011 (127,675.44) Total Adjustments ($127,675.44) • We apologize for the delay in providing your invoice. � 1 i A.7 Amend Resolution No.04-10 Page 4 of 6 INVOICE DETAIL Invoice#: 1048- 401000056945 Invoice Date: 05/25/2011 But TO., Customer Account#: 411010049704 Internal Order#: 1004607 City of Fayetteville - Fayetteville Executive Airport, Drake Field Customer Reference/Order#: Attn: Ray Boudreaux 4500 S School Ave, Suite F 10 1004607 Fayetteville, AR 72701 AIP 3-05-0020--0038-2009 Item Description/Details Total I Relocation for Drake Field Airport 102,053.65 Runway 16 Safety Area Improvements AIP 3-05-0020--038-2009 NOTE: Original invoice 401000056756 in the amount of $127,675.44 has been cancelled - do not pay. This revised invoice has removed overhead charges from the reimbursable project costs. SUBTOTAL ;$ - 102,053.65 Questions concerning this invoice?Please contact: TAX RATE 0.00% PROPERTY ACCOUNTING -Attn: James Koch SALES TAX Phone: (479) 582-7867 OTHER - E-mail: James.Koch@Sourcegas.com TOTAL $ 102,053.65 THANK YOU FOR YOUR BUSINESS! Amend Resolution No.04-10 Page 5 of 6 INVOICE SUMMARY 1/O # : 1004607 Relocation for Drake Field Airport Runway 16 Safety Area Improvements AIP 3-05- 0020--038-2009 Type of Charge Amount Labor and Payroll 16,494.73 Employee Expense - Material/Supplies 11,621.42 Outside Services / Legal 73,937.50 Vehicle Expenses - Right of Way - Utilities - Gas & Water - Permits, Licenses - Other Exp & Fees ROW - Other - Subtotal - Direct Charges 102,053.65 Overhead Allocation - AFUDC - Total Project Charges 102,053.65 Betterment - Adjusted Total Charges 102,053.65 Billable Amount 100.00% 102,053.65 Less Adjustment - NET Amount Due 102,053.65 A.7 Amend Resolution No.04-10 Page 6 of 6 City Council Meeting Minutes May 17,2011 Page 1 of 17 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes May 17, 2011 A meeting of the Fayetteville City Council was held on May 17, 2011 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Thiel, Kinion, Petty, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, Assistant City Attorney Jason Kelley, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: None Quarterly Financial Report Paul Becker, Finance Director presented the Quarterly Financial Report to the City Council. Alderman Adams: I would like you to explain the item on Building and Permits? Paul Becker: That is the money that we receive for approving building permits. Alderman Adams: There was one very large increase in that, I understand that was the school. Paul Becker: Yes it was. That has come through for the construction and some of the permitting there has been done. That is why we are showing that over budget. We are about $60,000 over where I would expect to be at this point in time. He gave an update on building permit collections. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 17,2011 Page 2 of 17 Mayor Jordan thanked the staff and the City Council for making this budget as good as it is. Agenda Additions: None Consent: Approval of the May 5, 2011 City Council meeting minutes. Approved City of West Fork Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of West Fork, Arkansas to provide animal sheltering services to West Fork through 2011. Resolution 76-11 as recorded in the office of the City Clerk Ranger's Pantry Pet Food Bank Donation Revenue: A resolution approving a budget adjustment in the amount of $1,619.00 representing citizen donation revenue to the Animal Services Division Ranger's Pantry Pet Food Bank during the first quarter of 2011. Resolution 77-11 as recorded in the office of the City Clerk Police Department Policies: A resolution approving Fayetteville Police Department policies 15.1 Planning and Research, 15.3 Criminal Analysis, 41.2.13 Seatbelt Usage, and 45.1.1 Community Oriented Policing. Resolution 78-11 as recorded in the office of the City Clerk Education Access Television Contract: A resolution to approve an agreement with the Fayetteville School District to operate the City's Educational Access Channel. Resolution 79-11 as recorded in the office of the City Clerk Highway 16 East Widening Project: A resolution to approve two donation warranty deeds, three donation warranty permanent easement deeds and one temporary construction easement for the City of Fayetteville to convey to the Arkansas State Highway Commission for the Highway 16 East Widening Project. Resolution 80-11 as recorded in the office of the City Clerk Emergency Operations Plan "EOP": A resolution approving an emergency operations plan for the City of Fayetteville as the method for handling all emergencies occurring within the City. Resolution 81-11 as recorded in the office of the City Clerk 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 17,2011 Page 3 of 17 2011 COPS Hiring Grant: A resolution authorizing application for a 2011 Community Oriented Policing Services hiring grant through the U.S. Department of Justice. Resolution 82-11 as recorded in the office of the City Clerk Alderman Gray moved to approve the Consent Agenda. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Amend §95.05 Regulation of Smoking in Most Public Places and Places of Employment: An ordinance to amend §95.05 Regulation of Smoking in Most Public Places and Places of Employment of the Fayetteville Code by removing the exemption for bars. This ordinance was left on the First Reading at the May 3, 2011 City Council meeting. Alderman Petty moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Assistant City Attorney Jason Kelley read the ordinance. Alderman Gray: We would like to amend this ordinance so that the effective date is January 2, 2012. We feel this would give owners a chance to make some adjustments and would give them a chance to make plans if they want to change their facility. Assistant City Attorney Jason Kelley read the amended Section 3 of the ordinance. Alderman Gray moved to amend the effective date of the ordinance to January 2, 2012. Alderman Lewis seconded the motion. Scott Ringwood, a citizen questioned the amendment. Assistant City Attorney Jason Kelley clarified the amendment. Don Marr also clarified the effective date should the amendment pass. Alderman Ferrell: If the ordinance should fail to be amended then it's a moot point to amend it to January 2nd. Upon roll call the motion passed unanimously. Alderman Gray: I think what we are talking about is purely a health and safety issue and that is the reason this ordinance is being brought forward. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 17,2011 Page 4 of 17 Scott Phipps, a Fayetteville resident stated this is a matter of choice and adults need to be allowed to make those choices. He spoke against the ordinance. Jonie Harrell, a Fayetteville resident stated I have always had the choice of where I can work and I don't think we should accommodate anyone else. She spoke against the ordinance. Janet Gladner, a Fayetteville resident who currently works in a bar stated I believe it is my choice where I work. I am opposed to the ban. Corey McCain, a Fayetteville resident who currently works on Dickson Street stated I really believe it is up to the business owners and the people that attend those bars. He spoke against the ordinance. Matt Marshall, a bartender and Fayetteville resident stated there has been a lot of discussion with a lot of people that work at smoking bars and the consensus is that it is our choice. He presented the Council with 66 signed statements from workers that work in smoking bars saying that it is their choice to work in a second hand environment. There are 35 places in the entertainment district where you can drink alcohol in a nonsmoking environment. There are 18 smoking establishments in the entertainment district. He spoke against the ordinance. Alderman Ferrell: The numbers you gave about the establishments, did you say there were 36 nonsmoking? Do you have an idea in town what it is? Matt Marshall: I can only imagine. I was wrong there are 39 nonsmoking establishments in the entertainment district and 15 smoking establishments in the entertainment district. Lyell Thompson, a Fayetteville citizen spoke against the ordinance. He shared stories of his family members who smoked and still lived long lives. Stacy Raven, a Fayetteville resident stated we all know that smoking is bad. I think deciding that businesses should not have smoking is unfair to those people who want to smoke in bars. I think we can all agree that we want businesses to be able to run their business the way they want to and people should be able to do what they want as long as it's legal. We all want the City to be fair. Cone Turner, resident of 225 Thompson stated I am against the ordinance. He stated you can not approve of something and still let others go with it. If you do not want to be around a smoker ask the person smoking if they will not smoke around you. Andrew Nelson, bartender at Jose's stated the Entertainment District doesn't need another hit and there are plenty of choices to go to a bar that has nonsmoking. He spoke against the ordinance. Tyler Clark, Project Coordinator for the Tobacco Free Coalition spoke about the air quality survey that was conducted that compared the levels of secondhand smoke in bars that allowed smoking and bars that did not allow smoking. He presented several statistics from the survey. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 17,2011 Page 5 of 17 He stated the survey showed that employees and patrons are exposed to pollutions that are dangerous to their health and above the EPA standards. Alderman Lewis: How much time were they in each spot? Tyler Lewis: On average from 30 to 45 minutes, so a very small period of time. Alderman Ferrell: How did the proprietors react to this? Tyler Lewis: It was a blind test, no one knew but if they asked the couple was instructed to tell them, but no one ever asked. Alderman Ferrell: Understanding that most of the funding comes from smoking cessation there was a question asked tonight by one of the citizens about ideas for going to abolition of tobacco. Have you guys thought about moving on to abolition of tobacco since there has been a proven correlation between all tobacco usages? Tyler Lewis: No sir that would not be a priority for the Tobacco Free Coalition. Alderman Ferrell: Do you plan to go statewide with this? Tyler Lewis: I think as mentioned before in the previous meetings Fayetteville is usually looked at as a barometer change for the community. This ordinance started in 1992 and then in 2004 we came back and took care of the restaurants and now the bars. Between 2004 and 2005 the State went pretty much smoke free as well with an exception of those few venues. Arkansas could very well go next which would be a benefit to the state as a whole. We want to protect people now from second hand smoke. Alderman Ferrell: Will you be pursuing that change and trying to drive policy change for the state? My understanding is that if you are 21 years old and it's a bar you can go in and smoke. Tyler Lewis: Our priority would be Northwest Arkansas and our efforts are for educational purposes. There was a discussion about smoking outside and the outside air quality. Angela Lightner, owner of the Beer Keg stated the smoking ban is not just about smoking in bars but the right to have the choice. This is about the right to have a choice. I choose not to smoke but several of our customers have made the choice to smoke. We do not need someone to protect us from smoke. You should have the choice to visit a smoking or a nonsmoking establishment. We want the choice to keep the Beer Keg and any other bar that wants the same choice as a smoking establishment. She spoke against the ordinance. Alderman Gray: Do you have any idea how much money the Veteran's hospital spends on tobacco related illness? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes May 17,2011 Page 6 of 17 Angela Lightner: I am sure they use a whole lot but we do not need to be protected from people. Everybody knows the hazards of smoking but it is our business. Anybody that does not want to be around second hand smoke has a choice. Alderman Lewis: Asa business owner do you consider your business open to anyone over 21? Angela Lightner: Exactly. Alderman Adams: Do you have music? Angela Lightner: No, we have a small jukebox. Alderman Adams: Do you have a panic bar on your door in case of a fire? Angela Lightner: We have a front and back door and the place is less than 400 square feet. Alderman Vinion: If this passes do you think a lot of your visitors will quit smoking? Angela Lightner: No sir. I seriously doubt it will cause any of them to quit smoking. It will cause us to have to spend a lot of money if we want to keep the revenue of our customers. A lot of them have said they would probably just stay home because they want to smoke when they drink a beer or it will cause us to spend a lot of money to make a place outside that they would be able to go and smoke. We don't make that much money. Alderman Thiel: Do you have any room to build an outside patio? Angela Lightner: We have a little fenced in area in the back. I like the idea of being able to choose to do that on my own versus being forced to do that. Alderman Lewis: You indicated anyone over 21 can come to your business and so what about the choices of everyone over 21? If your business is open to anyone over 21, is it really if smoking is permitted because there are individuals who cannot function in an environment where there is an air quality situation. Angela Lightner: You have to be 21 to drink. We are one of the few places left where people can smoke and have a drink if they would like and we would like to keep that choice. Tami Clinhingbeard, a Ward 4 resident spoke on the right to breathe fresh air. I believe I have the right to breathe fresh air and be protected from air that is being contaminated by smoke. Who has the right to endanger my life or create health problems that have become a financial draw for all of us. She asked the City Council to protect all citizens of Fayetteville from the dangers of second hand smoke. She spoke in favor of the ordinance. Scott Greenwood, a previous bar owner spoke on the smoking businesses in Fayetteville and the income that they bring in and pointed out that if those businesses close that will be a loss to the City. I do not know the City can afford to lose any more money. You should have machines that 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316