The URL can be used to link to this page

Home My WebLink About2014-03-18 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Fae eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra E.Smith Ward 3 Position I—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting March 18, 2014 A meeting of the Fayetteville City Council will be held on March 18, 2014 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. Purple Heart City Proclamation by Mayor Jordan and presentation to the City by the Military Order of the Purple Heart City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report: APPROVED Agenda Additions: A. Consent: 1. Approval of the March 04, 2014 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. 2013 Internet Crimes Against Children Task Force Program Grant: A resolution to authorize acceptance of a non-matching continuation subgrant for 2013 from the Internet Crimes Against Children Task Force Program Grant in the amount of$13,507.53, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 58-14 3. Gulf Coast High Intensity Drug Trafficking Area: A resolution to approve a budget adjustment in the amount of $115,952.00 recognizing revenue from the Office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 59-14 4. State Drug Crime Enforcement and Prosecution Fund Grant: A resolution to approve a $56,250.00 grant from the State Drug Crime Enforcement and Prosecution Fund to be matched by $14,062.50 from City funds to be used by the 4" Judicial District Drug Task Force, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 60-14 5. Insituform Technologies, Inc.: A resolution to approve a contract extension with Insituform Technologies, Inc. in an amount not to exceed $330,000.00 for sanitary sewer lining services for cured-in-place sanitary sewer linings. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 61-14 6. Arkansas State Highway Commission: A resolution authorizing the sale of approximately 4.28 acres of right-of-way and a temporary construction easement to the Arkansas State Highway Commission for the total amount of$15,050.00 to facilitate the replacement of the Highway 16 bridge across the Middle Fork of the White River. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 62-14 7. Arkansas State Highway and Transportation Department: A resolution to approve the payment of $580,000.00 to the Arkansas State Highway and Transportation Department representing the City's portion of construction costs related to the widening of Razorback Road, to approve a project contingency in the amount of$50,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 63-14 8. Fayetteville Alert System: A resolution to approve a budget adjustment in the amount of$66,500.00 to provide funding for a marketing and communication campaign for the Fayetteville Alert System. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 64-14 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. Sourcegas Arkansas, Inc.: A resolution to approve a cost-share utility work agreement with Sourcegas Arkansas, Inc. in the amount of $72,277.19 for the relocation of gas mains and facilities necessary for the Van Asche Drive Project, and to approve a project contingency of$14,455.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 65-14 B. Unfinished Business: 1. Amend Chapter 178: An ordinance to repeal §178.04 Outdoor Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors Located on Private Property, to enact §178.05 Food Truck Limited Time Permit, to change the section number of Transient Merchants from §178.05 to §178.06 and to amend §97.086 Vending and Peddling. This ordinance was left on the First Reading at the November 19, 2013 City Council meeting and tabled to the December 17, 2013 City Council meeting. This ordinance was left on the First Reading at the December 17, 2013 City Council meeting and Tabled to the January 21, 2014 City Council meeting. This ordinance was left on the First Reading at the January 21, 2014 City Council meeting and Tabled to the February 18, 2014 City Council meeting. This ordinance was left on the First Reading at the February 18, 2014 City Council meeting and Tabled to the March 18, 2014 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5666 2. RZN 13-4538 (Razorback Road/Victory Commons): An ordinance rezoning that property described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S. Razorback Road from I-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare. This ordinance was left on the First Reading at the December 17, 2013 City Council meeting. This ordinance was left on the Second Reading at the January 7, 2014 City Council meeting and Tabled to the February 4, 2014 City Council meeting. This ordinance was left on the Second Reading at the February 5, 2014 City Council meeting and Tabled to the February 18, 2014 City Council meeting. This ordinance was Tabled Indefinitely at the February 18, 2014 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5667 3. ADM 13-4331 Amend Chapters 151, 162, 163 and 164: An ordinance to amend §164.10 Garage and/or Agricultural and Produce Sales; §161.10 (X) Unit 24 Home Occupation; §163.08 Home Occupations and §164.04 Urban Agriculture (fowl, bees, and goats) of the Unified Development Code. This ordinance was left on the First Reading at the February 18, 2014 City Council meeting. This ordinance was left on the Third Reading at the March 4, 2014 City Council meeting and Tabled to the March 18, 2014 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 5668 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of Animals: An ordinance to Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of Animals of the Fayetteville Code to authorize the Animal Shelter to accept livestock and set the redemption fee for their release. This ordinance was left on the First Reading at the February 18, 2014 City Council meeting. This ordinance was left on the Second Reading at the March 04, 2014 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5669 C. New Business: 1. Northwest Arkansas Regional Planning Commission Contract: An ordinance waiving the requirements of formal competitive bidding and approving a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $46,766.73 for a Stormwater Education Program. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5670 2. U.S. Geological Survey: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2014. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5671 3. Rupple Road Cross Section: A resolution to reaffirm the cross section of Rupple Road from Martin Luther King Boulevard to Wedington Drive as a four lane boulevard. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66-14 4. VAC 14-4617 (1144 N. Futrall Dr./Cornerstone): An ordinance approving VAC 14- 4617 submitted by Blew and Associates for property located at 1114 N. Futrall Drive to vacate portions of utility easements, a total of 967.3 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5672 5. VAC 14-4621 (East of Beechwood/South of Railroad Tracks/Specialized Real Estate): An ordinance approving VAC 14-4621 submitted by Jorgensen & Associates for property located east of Beechwood Avenue to vacate 20' utility easements throughout the property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5673 6. ADM 13-4602 (UDC Amendment Chapter 161.32 and Chapter 166.06): An ordinance to Amend §161.32 Planned Zoning District and §166.06 Planned Zoning District of the Unified Development Code to clearly separate the zoning and development approvals for Planned Zoning Districts and to simplify and reduce current regulations. LEFT ON THE FIRST READING 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 7. Street Name Change: A resolution to change the name of Arbuckle Lane to Woodward Lane. FAILED D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: Adjournment: 10:42 p.m. 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 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. 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 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: March 18,2014 Adjourn: Subject: Roll Long Gray Marsh Kinion Petty Tennant c/ Schoppmeyer Adams J Mayor Jordan ✓ "Q Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: March 18,2014 Subject: Consent Motion To: YQ-N2 Motion By: Seconded: Long Gray ✓ Marsh ,l 'Union ✓ Petty Tennant Schoppmeyer ✓ 5_;18 1y Adams ✓ �' Lrtb Mayor Jordan 5-I Subject: Nominating Committee Report Motion To: OfPF"e Motion By: /on Seconded: GY Long ✓ Gray ✓ Marsh ✓ r"" Kinion Petty ✓ JttS i✓1 Tennant ,® TL`1l Schoppmeyer ee IV.t1 U,AA Adams ✓' 4 Mayor Jordan 8'D City Council Meeting: March 18,2014 Subject: Amend Chapter 178 �� Motion To: n A " � UO � d Rua. r Motion By: Seconded: B. 1 Long ✓ ✓ Unfinished Gray �/ ✓ ,✓ Business Marsh ✓ ✓ ✓ Kinion ✓ / ✓ Petty ✓ ✓ ,o p Tennant ✓ ✓ ✓ ✓ !� Schoppmeyer ✓ V, ,,. Adams ✓ ✓ s v Mayor Jordan Subject: RZN 13-4538 (Razorback Road/Victory Commons) Motion To: � A Motion By: Seconded: Gn B. 2 Long Unfinished Gray ✓ ✓ v Business Marsh ✓ ✓ ((��,, Kinion � LU11 Petty ✓ ✓' Tennant Schoppmeyer r/ ✓ Adams `�� ✓' v/ �- Mayor Jordan City Council Meeting: March 18,2014 Subject: ADM 13-4331 Amend Chapters 151, 162, 163 and 164 Motion To: Motion By: Y Seconded: B. 3 Long Unfinished Gray Business Marsh Kinion r/ Petty a � Tennant N Schoppmeyer Adams ✓ Mayor Jordan Subject: Amend 92.01 Definitions, §92.23 Im oundment and §92.24 Redemption of Animals Motion To: rd Rta ®yx Y Motion By: Seconded: �V IA B. 4 Long �� Unfinished Gray �./ ✓ + �' Business Marsh LU5e- tc Kinion ✓'^ Petty Tennant Schoppmeyer Adams t✓ Mayor Jordan City Council Meeting: March 18, 2014 Subject: Northwest Arkansas Regional Plan ing Commission Contract Motion To: qAd ZJ g,,4 a �-- Motion By: Seconded: C. 1 Long New Gray Business Marsh Kinion ✓ '® Petty ✓ Tennant ' Schoppmeyer ✓ ®' �— Adams ✓ `" Mayor Jordan g-0 0 8 p Subject: U.S. Geological Survey Motion To: Motion By: Seconded: C. 2 Long ✓ ✓� New Gray Business Marsh ✓ Kinion H- Petty Tennant Schoppmeyer Adams WAAMayor Jordan Y, .0 �� City Council Meeting: March 18,2014 Subject: Ru ple Road Cross Section J404 Motion To: /� bo,� f� 1(stle ftt £ttihAmdip� lvt, Motion By: +Ple Seconded: C.3 Long New Gray e,0 Business Marsh Kinion rd Petty 10� Tennant Schoppmeyerr Adams Mayor Jordan Subject: VAC 14-4617(1144 N. Futrall Dr./Cornerstone) Motion To: Ad a Motion By: liemaut Seconded: &em �d C. 4 Long New Gray t/ of Business Marsh I ^)" 52tt 6 ny 4G ubAe.. U04 C, r 0 04 Kinion 6000 4000, Petty te� v--� Tennant tO Loe" Schoppmeyer ✓' W, Adams a.® Mayor Jordan 7-o City Council Meeting: March 18,2014 Subject: VAC 14-4621 (East of Beechwood/South of Railroad Tracks/S ecialized Real Estate) Motion To: .y r Motion By: Seconded: flnQ C. 5 Long t/ New Gray 1/ Business Marsh �,✓ ✓ Kinion E,+" WOO w� Petty L®° L-10, ,0 Tennant ✓ "°"' ✓�` Schoppmeyer Adams Mayor Jordan _a -o Subject: ADM 13-4602 (UDC Amendment Chapter 161.32 and Chapter 166.06) Motion To: Motion By: Seconded: C. 6 Long New Gray Business Marsh Kinion d' Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: March 18, 2014 Subject: Street Name Change Motion To: piny Motion By: t0 Seconded: hips C 7 Long New Gray Business Marsh Kinion N Petty Tennant Al Schoppmeyer N Adams Mayor Jordan D � Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE (D CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams, City Attorney DATE: March 19,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of March 18, 2014 1. 2013 Internet Crimes Against Children Task Force Program Grant: A resolution to authorize acceptance of a non-matching continuation subgrant for 2013 from the Internet Crimes Against Children Task Force Program Grant in the amount of$13,507.53, and to approve a budget adjustment. 2. Gulf Coast High Intensity Drug Trafficking Area: A resolution to approve a budget adjustment in the amount of $115,952.00 recognizing revenue from the Office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area. 3. State Drug Crime Enforcement and Prosecution Fund Grant: A resolution to approve a $56,250.00 grant from the State Drug Crime Enforcement and Prosecution Fund to be matched by $14,062.50 from City funds to be used by the 4`h Judicial District Drug Task Force, and to approve a budget adjustment. 4. Insituform Technologies, Inc.: A resolution to approve a contract extension with Insituform Technologies, Inc. in an amount not to exceed $330,000.00 for sanitary sewer lining services for cured-in-place sanitary sewer linings. 5. Arkansas State Highway Commission: A resolution authorizing the sale of approximately 4.28 acres of right-of-way and a temporary construction easement to the Arkansas State Highway Commission for the total amount of$15,050.00 to facilitate the replacement of the Highway 16 bridge across the Middle Fork of the White River. 6. Arkansas State Highway and Transportation Department: A resolution to approve the payment of $580,000.00 to the Arkansas State Highway and Transportation Department representing the City's portion of construction costs related to the widening of Razorback Road,to approve a project contingency in the amount of$50,000.00, and to approve a budget adjustment. 7. Fayetteville Alert System: A resolution to approve a budget adjustment in the amount of$66,500.00 to provide funding for a marketing and communication campaign for the Fayetteville Alert System. 8. Sourcegas Arkansas, Inc.: A resolution to approve a cost-share utility work agreement with Sourcegas Arkansas, Inc. in the amount of $72,277.19 for the relocation of gas mains and facilities necessary for the Van Asche Drive Project, and to approve a project contingency of$14,455.00. 9. Amend Chapter 178: An ordinance to repeal §178.04 Outdoor Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors Located on Private Property, to enact §178.05 Food Truck Limited Time Permit, to change the section number of Transient Merchants from §178.05 to §178.06 and to amend §97.086 Vending and Peddling. 10.ADM 13-4331 Amend Chapters 151, 162, 163 and 164: An ordinance to amend §164.10 Garage and/or Agricultural and Produce Sales; §161.10 (X) Unit 24 Home Occupation; §163.08 Home Occupations and §164.04 Urban Agriculture (fowl, bees, and goats) of the Unified Development Code. 11. Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of Animals: An ordinance to Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of Animals of the Fayetteville Code to authorize the Animal Shelter to accept livestock and set the redemption fee for their release. 12. Northwest Arkansas Regional Planning Commission Contract: An ordinance waiving the requirements of formal competitive bidding and approving a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $46,766.73 for a Stormwater Education Program. 13. U.S. Geological Survey: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2014. 14. Rupple Road Cross Section: A resolution to reaffirm the cross section of Rupple Road from Martin Luther King Boulevard to Wedington Drive as a four lane boulevard. Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Fae eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra E.Smith Ward 3 Position I—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting March 18, 2014 A meeting of the Fayetteville City Council will be held on March 18, 2014 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. Purple Heart City Proclamation by Mayor Jordan and presentation to the City by the Military Order of the Purple Heart City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the March 04, 2014 City Council meeting minutes. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. 2013 Internet Crimes Against Children Task Force Program Grant: A resolution to authorize acceptance of a non-matching continuation subgrant for 2013 from the Internet Crimes Against Children Task Force Program Grant in the amount of$13,507.53, and to approve a budget adjustment. 3. Gulf Coast High Intensity Drug Trafficking Area: A resolution to approve a budget adjustment in the amount of $115,952.00 recognizing revenue from the Office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area. 4. State Drug Crime Enforcement and Prosecution Fund Grant: A resolution to approve a $56,250.00 grant from the State Drug Crime Enforcement and Prosecution Fund to be matched by $14,062.50 from City funds to be used by the 4`t' Judicial District Drug Task Force, and to approve a budget adjustment. 5. Insituform Technologies, Inc.: A resolution to approve a contract extension with Insituform Technologies, Inc. in an amount not to exceed $330,000.00 for sanitary sewer lining services for cured-in-place sanitary sewer linings. 6. Arkansas State Highway Commission: A resolution authorizing the sale of approximately 4.28 acres of right-of-way and a temporary construction easement to the Arkansas State Highway Commission for the total amount of$15,050.00 to facilitate the replacement of the Highway 16 bridge across the Middle Fork of the White River. 7. Arkansas State Highway and Transportation Department: A resolution to approve the payment of $580,000.00 to the Arkansas State Highway and Transportation Department representing the City's portion of construction costs related to the widening of Razorback Road, to approve a project contingency in the amount of$50,000.00, and to approve a budget adjustment. 8. Fayetteville Alert System: A resolution to approve a budget adjustment in the amount of$66,500.00 to provide funding for a marketing and communication campaign for the Fayetteville Alert System. 9. Sourcegas Arkansas, Inc.: A resolution to approve a cost-share utility work agreement with Sourcegas Arkansas, Inc. in the amount of $72,277.19 for the relocation of gas mains and facilities necessary for the Van Asche Drive Project, and to approve a project contingency of$14,455.00. B. Unfinished Business: 1. Amend Chapter 178: An ordinance to repeal §178.04 Outdoor Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors Located on Private Property, to enact §178.05 Food Truck Limited Time Permit, to change the section number of Transient Merchants from §178.05 to §178.06 and to amend §97.086 Vending and Peddling. This ordinance was left on the First Reading at the November 19, 2013 City Council meeting and tabled to the December 17, 2013 City Council meeting. This ordinance was left on the First Reading at the December 17, 2013 City Council meeting and Tabled to the January 21, 2014 City Council meeting. This ordinance was left on the First Reading at the January 21, 2014 City Council meeting 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 and Tabled to the February 18, 2014 City Council meeting. This ordinance was left on the First Reading at the February 18, 2014 City Council meeting and Tabled to the March 18, 2014 City Council meeting. Left on the First Reading 2. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that property described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S. Razorback Road from I-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare. This ordinance was left on the First Reading at the December 17, 2013 City Council meeting. This ordinance was left on the Second Reading at the January 7, 2014 City Council meeting and Tabled to the February 4, 2014 City Council meeting. This ordinance was left on the Second Reading at the February 5, 2014 City Council meeting and Tabled to the February 18, 2014 City Council meeting. This ordinance was Tabled Indefinitely at the February 18, 2014 City Council meeting. Left on the Second Reading. 3. ADM 13-4331 Amend Chapters 151, 162, 163 and 164: An ordinance to amend §164.10 Garage and/or Agricultural and Produce Sales; §161.10 (X) Unit 24 Home Occupation; §163.08 Home Occupations and §164.04 Urban Agriculture (fowl, bees, and goats) of the Unified Development Code. This ordinance was left on the First Reading at the February 18, 2014 City Council meeting. This ordinance was left on the Third Reading at the March 4, 2014 City Council meeting and Tabled to the March 18, 2014 City Council meeting. Left on the Third Reading. 4. Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of Animals: An ordinance to Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of Animals of the Fayetteville Code to authorize the Animal Shelter to accept livestock and set the redemption fee for their release. This ordinance was left on the First Reading at the February 18, 2014 City Council meeting. This ordinance was left on the Second Reading at the March 04, 2014 City Council meeting. Left on the Second Reading. C. New Business: 1. Northwest Arkansas Regional Planning Commission Contract: An ordinance waiving the requirements of formal competitive bidding and approving a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $46,766.73 for a Stormwater Education Program. 2. U.S. Geological Survey: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2014. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Rupple Road Cross Section: A resolution to reaffirm the cross section of Rupple Road from Martin Luther King Boulevard to Wedington Drive as a four lane boulevard. 4. VAC 14-4617 (1144 N. Futrall Dr./Cornerstone): An ordinance approving VAC 14- 4617 submitted by Blew and Associates for property located at 1114 N. Futrall Drive to vacate portions of utility easements, a total of 967.3 square feet. 5. VAC 14-4621 (East of Beechwood/South of Railroad Tracks/Specialized Real Estate): An ordinance approving VAC 14-4621 submitted by Jorgensen & Associates for property located east of Beechwood Avenue to vacate 20' utility easements throughout the property. 6. ADM 13-4602 (UDC Amendment Chapter 161.32 and Chapter 166.06): An ordinance to Amend §161.32 Planned Zoning District and §166.06 Planned Zoning District of the Unified Development Code to clearly separate the zoning and development approvals for Planned Zoning Districts and to simplify and reduce current regulations. 7. Street Name Change: A resolution to change the name of Arbuckle Lane to Woodward Lane. D. City Council Agenda Session Presentations: E. City Council Tour: F. 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 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. 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 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A.9 Sourcegas Arkansas, Inc. Page 1 of 8 RESOLUTION NO. A RESOLUTION TO APPROVE A COST-SHARE UTILITY WORK AGREEMENT WITH SOURCEGAS ARKANSAS, INC. IN THE AMOUNT OF $72,277.19 FOR THE RELOCATION OF GAS MAINS AND FACILITIES NECESSARY FOR THE VAN ASCHE DRIVE PROJECT, AND TO APPROVE A PROJECT CONTINGENCY OF $14,455.00 WHEREAS, the Van Asche Drive Construction Project will require certain gas mains and facilities belonging to SourceGas Arkansas, Inc. ("SourceGas") to be relocated; and WHEREAS, SourceGas has agreed to pay 20.7% of the total project cost and it is cost- effective for the City to enter into this cost-sharing agreement; and WHEREAS, Ordinance No. 5542, which was passed and approved on November 20, 2012, waives the requirement of formal bidding on "all such projects necessitated by any road reconstruction or widening projects with SourceGas Arkansas, Inc. within Fayetteville until December 31, 2016". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a cost-share utility work agreement with SourceGas Arkansas, Inc., a copy of which is attached as Exhibit"A", in the amount of$72,277.19 for the relocation of gas mains and facilities necessary for the Van Asche Drive Project, and further approves a project contingency of$14,455.00. PASSED and APPROVED this 18`h day of March, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.9 Sourcegas Arkansas, Inc. , Page 2 of 8 ,�CILIt`C (Gari Arkansas UTILITY WORK AGREEMENT (MUNICIPALITY) Municipality: City of Fayetteville Municipality's Address: 113 West Mountain, Fayetteville, AR 72701 Job Location: Van Asche This Utility Work Agreement("Agreement") Is made and entered into this_day ot�r by and between the City of Fayetteville (hereinafter referred to as"Municipality"), and SourceGas Arkansas Inc. (hereinafter referred to as °SourceGas"). WHEREAS, Municipality proposes to make certain improvements at the location designafed above, and as a result of such improvements, SourceGas must adjust, enhance, locate, observe, and/or relocate certain of its existing facilities, or construct additional facilities; and WHEREAS, In connection with Municipality's proposed Improvements, Municipalitywishaff-SourceGas.to do-tto fallawing: Replace 2" plastic wipe for Van Asche road pro4act: Starting at-94.18519 38116313 then -going across Van Asche Dr. going West for apo 160' also going East app. 820' then crossing the road to the south side, then going under 1-540 East app 460',-then-oolao.North-app. 460'.-snaking tie-ends replacing services along-the-now Pipe, Then starting at-94.163923. 36.116649 Just West of Gregg Ave going 1000' West then turning to the North for 200', making tie ends with 2x2 HVPT also replacina service. .(hereinafter referred torus the "Work°-);.and. WHEREAS, such Work is shown in detail In SourceGas' plans, sketches, estimate of cost, and specifications(when applicable), which are attached to this Agreement and made a part hereof; and WHEREAS, Municipality agrees to pay for the cost of such Work to the extent herein agreed upon. A.9 Sourcegas Arkansas, Inc. Page 3 of 8 5cy►urce was Arkansas NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OTHER VALUABLE CONSIDERATION HEREIN ACKNOWLEDGED, MUNICIPALITY AND SOURCEGAS AGREE AS FOLLOWS: 1. Where applicable hereunder by reason of. new utility occupancy or crossing of-'Nlunierpafityrs property; 14unicipality hereby grants- to SourceGas an easement or license to Install and operate utility facilities on or across Municipailty's property as shown on the approved plans or sketch maps attached hereto and made a part hereof. In addition to the easement over Municipality's property, prior to SourceGas beginning the Work, Municipality will, at no cost to SourceGas, furnish SourceGas with all other -necessary easements, rights of way and permits. After the natural gas pipeline is installed by SourceGas, SourceGas will remove all trash and litter from the right(s}of- way herein granted and restore the right(s)-of-way, as nearly as possible, to the condition in which It/they existed prior to the construction of the natural gas pipeline. 2. Where applicable hereunder by reason of new construction on existing. utility,rights of way, SourceGas hereby grants to Municipality the right to use for Municipality's purposes the lands within the limits of the Improvement project limits on or across which SourceGas holds a valid property Interest antedating Municipality s rights which were subsequently acquired in the same lands, and which property rights SourceGas shall retain so long as SourceGas, its successors or assigns continues such use and occupancyand does not abandon, and thereby release, such property Interest to Municipality through removal of facilities in performing the Work or by subsequent removal of facilities for SourceGas' convenience; and Municipality hereby agrees that SourceGas, by granting said right and by said continued joint use and occupancy, does not waive any future claim for reimbursement for any costs as may be eligible for -relmbursement-by-reason of-such prior-ptnperty-Interest, nor does SourceGas waive any other legal or property right held under the laws or Constitution of the State of Arkansas orthe United States. 3. In the event that future construction, reconstruction,,.expanslon,relocation,. rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either Municipality or SourceGas in the area jointly occupied or used under either or both Paragraphs 1 or 2 of this Agreement will disturb, detrimentally affect, interfere, or be Inconvenient to the facilities or responsibilities of either party, the parties hereto shall reach agreement in writing as to locations, extent, and methods of such work before-the work is undertaken. In a case of emergency, and where immediate action is necessary for the protection of the public and to minimize damage to or loss of investment In the property of Municipality or of SourceGas, either party hereto may, at its own responsibility and risk, make any necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable. z A.9 Sourcegas Arkansas, Inc. source Gas Page 4 of 8 Arkansas 4. MunUPlity will SQurceGas 79,3°.b.of-the-actual-cost-of.the Work. The estimated cost of the Work Is $91,144.00. Thus, the estimated cost to Municipality for the Work is $72,277,19. After it has completed the Work, SourceGas will bill Municipality for 79.3%of the actual cost of the Work. Municipality shall pay such invoice within 30 days of Municipality's receipt of the Invoice. If Municipality falls to pay any such invoice within 30 days of receipt, the amount due under the Invoice shall accrue Interest at the rate of 10 per cent per annum untlf paid. 5. SourceGas will perform the Work, as described on the first page of this -Agraernent. Sou-maGas-coli-endeavor-to-perform-the Work within-a.reasonable-time period, subject to applicable laws, rules and regulations of governmental authorities, and subject to any delay occasioned by lack of right of way, availability of materials and supplies, force majeure or events or conditions of whatsoever nature reasonably beyond SourceGas' control, and further conditioned upon the receipt of all required approvals and consents in form and substance acceptable to SourceGas. SourceGas shalt not be obligated to commence the Work unless and until, at no cost to SourceGas, all necessary easements and rights of way have been executed, acknowledged and delivered to SourceGas in a form acceptable to SourceGas. 6. Title to and ownership of facilities which are the subject of the Work shall forever be and remain exclusively and unconditionally vested ih SourceGas, Municipality understands, acknowledges and agrees that Municipality shall have no title to, Interest in, or ownership of those facilities. 7. It Is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to property rights, right of way occupancy permission, access for servicing when applicable, and joint use of rights of way shall continue in full force and effect from the date of this Agreement, and shall be perpetually binding upon each party, and its representatives, successors and assigns. 8. Municipality and SourceGas acknowledge that there are no agreements or understandings, eltherwritten or oral, between the parties related to the Work, other than as set forth in this Agreement, and that this Agreement (Including any attachments hereto)contains the entire agreement between the parties regarding the Work. 3 A.9 Sourcegas Arkansas, Inc. Page 5 of 8 source bas Arkansas 9. This Agreement shall be governed in accordance with the laws of the State of Arkansas, the rules and regulations of the Arkansas Public Service Commission, and the Tariff of SourceGas, In the event of a conflict between this Agreement and any such laws, rules, regulations or Tariff, such laws, rules, regulations or Tariff shall control. 10. In the event SourceGas is required to Initiate Ilfigation to enforce the terms and conditions of this Agreement, then SourceGas shall have the right to recover from Municipality SourceGas' costs and expenses of such litigation, including reasonable attorney fees. 11. Municipality acknowledges that it has been afforded an opportunity to have its attorney review and explain the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their duly authorized representatives on the date stated above. SOURCEGAS ARKANSAS INC. Sy. By: Douglas Whitefoot Its; Sr. Vice President Opera ns Its: 4 A.9 • Sourcegas Arkansas, Inc. Page 6 of 8 ORDINANCE NO. 5542 AN ORDINANCE WAIVING; THE RE:QUIRPMI:NTS OF FORMAL COMPETITIVE BIDDING FOR APPROVING A COSI-SIIARF AGiRI TMIN F W 11-11 SOURCROAS ARKANSAS, INC. IN THE AMOUNT OF $94,577.00 FOR THE RELOCATION OF GAS MAINS AND FACILITIES NECESSARY FOR IIIE FUTARIGHT F.XPRFSSWAYIHIGHWAY 71-B FLYOVER PROJECT AND FOR ALL FUTURE. PAYMENTS TO OR CONTRACTS WITH SOURCEGAS ARKANSAS, INC. FOR THE RELOCATION COSTS FOR NATURAL CTAS UTILITY MAINS AND APPURTENANC F.S NECI?SSITATEA) RY ROAI) RECONSTRUCTION OR WIDENING PROJECTS WITHIN SOURCEGiAS ARKANSAS, INC.'S AREA OF SERVICE, APPROVING A PROJECf CONTINGENCY OF $18,915.00 FOR T1IE FLYOVER PROJECT, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, the City in coordination with the Arkansas State Highway and Transportation Department arc constructing a Fulbright Expressway/Highway 71-B Flyover, and as part of the project it is necessary for certain gas mains and facilities belonging to SourecGas Arkansas, Inc. (Source-Gas) to be relocated; and WHEREAS, it is most cost effective for the City to enter into an agreement with SourecGas for the provision of said work on a fifty percent (50%) cost-share basis; and WHEREAS, SourceGas has exclusive jurisdiction to construct and maititain such natural gas facilities within their service area as designated by the Arkansas Public Service Commission and such cost-share agreements should be entered without the requirement 4otmal competitive bidding; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayettcvillc, Arkansas hereby determines the above-stated facts constitute an exceptional situation in which competitive hidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost-share utility work agreement with SourecGas Arkansas, Inc. in the amount of $94,577.00 for the relocation of gas mains and facilities necessary for the Fulbright Expresswaylllighway 71-B Flyover Project, further approves a project contingency of $18,915.00, and approves waiver of formal competitive bidding on all such projects necossitated A.9 Sourcegas Arkansas, Inc. Page 7 of 8 Page 2 Ordinance No. 5542 by any road reconstruction or widening projects with ScurccC3as Arkansas, Inc. within Fayetteville until December 31, 2016. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A". PASSED and APPROVED this 20LI' day of Nov ember, 2012. APPROVED; ATTEST: By: � � By: m � U ELD J Mayor SONDRA E. SMITH, City Clerlc_Pl'rcasurcr • L Z. • FAYi-VI LV1Fz LI h • i l w �e`yr�i••...••:i J ��'r�'iii i a 1 i"t1%% A.9 Sourcegas Arkansas, Inc. Page 8 of 8