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Home My WebLink About2011-12-06 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn 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 December 6, 2011 A meeting of the Fayetteville City Council will be held on December 6, 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: 1. Quarterly Financial Report—Paul Becker Agenda Additions: A. Consent: 1. Approval of the November 15, 2011 City Council meeting minutes. APPROVED 2. Animal Services Division Donation: A resolution approving a budget adjustment in the amount of$20,000.00 representing donation revenue to the Animal Services Division by the estate of Susannah A. Porter and expressing gratitude for the bequest. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 204-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Premier Lighting Group: A resolution to award a bid for 37 LED light fixtures and poles from Premier Lighting Group in the amount of$70,661.00. THIS ITEM WAS REMOVED FROM CONSENT AND TABLED TO THE DECEMBER 20, 2011 CITY COUNCIL MEETING. 4. KME Renegade Pumper Fire Truck: A resolution to approve a budget adjustment to reflect $28,550.00 for revenue received because of the sale of a 1997 KME Renegade Pumper Fire Truck. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-11 5. State and Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize state and federal forfeiture revenue and to approve expenditures therefrom, in the amount of$372,107.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-11 6. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of $235.00 to recognize donation revenue to the Fayetteville Police Department in support of general recognition and officer service awards. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-11 7. Mullins Branch Stream Restoration Task Order No. 3: A resolution to approve Task Order No. 3, Mullins Branch Stream Restoration to the August 3, 2010 Memorandum of Understanding between the City and the Watershed Conservation Resource Center and to approve a Memorandum of Understanding between the City, University and Resource Center for the project which will cost the City $25,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-11 8. Richard L. Watson Settlement Agreement: A resolution approving a settlement agreement with Richard L. Watson, concerning condemnation litigation filed as part of the Cato Springs Road Improvement Project, in the total amount of$9,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-11 9. FEMA Reimbursement: A resolution to approve the attached budget adjustment to reimburse city divisions for expenditures caused by the spring flood and reimbursed by FEMA and/or the State of Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-11 10. Midtown Alley: A resolution to name the alley that runs from Dickson Street south toward Center Street between School Avenue and Locust Avenue for 911 purposes "Midtown Alley." THIS ITEM WAS REMOVED FROM CONSENT AND TABLED TO THE DECEMBER 20, 2011 CITY COUNCIL MEETING. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 11. Pick-It Construction, Inc.: A resolution to approve a contract between the City of Fayetteville and Pick-It Construction, Inc. in the amount of not-to-exceed $111,054.00 for construction of dugouts and bleacher covers at Walker Park and to approve a budget adjustment of$16,419.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-11 B. Unfinished Business: 1. 2012 Annual Budget and Work Program: A resolution adopting the 2012 Annual Budget and Work Program. This resolution was tabled at the November 15, 2011 City Council meeting to the December 6, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 212-11 2. ADM 11-3782 Cottage House Development: An ordinance to enact §164.22 Cottage Housing Development into the Unified Development Code, to amend §162.01 to add (RR) Unit 44 Cottage Housing Development and to amend Chapter 161 Zoning District to authorize Cottage Housing Developments as a right in multi-family residential districts and as a conditional use in single family residential districts. This ordinance was left on the Second Reading at the November 15, 2011 City Council meeting. Left on the Second Reading PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5462 C. Public Hearing: 1. Green Cab Company: A resolution to approve a certificate of Public Convenience and Necessity for the Green Cab Company to operate within the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 213-11 D. New Business: 1. Amend §94.05 Use of Fireworks: An ordinance to Amend §94.05 Use of Fireworks of the Fayetteville Code by amending(F) to replace "First Night'with"Last Night'. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5463 2. RZN 11-3960 (1730 N. Old Wire Road) Appeal: An ordinance rezoning that property described in rezoning petition RZN 11-3960, for approximately 8.60 acres, located at 1730 North Old Wire Road from RSF-4, Residential Single-Family, 4 units per acre to NC,Neighborhood Conservation, subject to a Bill of Assurance. THIS ITEM WAS 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 3. Hilton Garden Inn Tree Preservation Area Modification: A resolution to vacate about one-tenth of an acre of a tree preservation easement to be mitigated by the planting of 29 large species trees and developing the lot utilizing low impact development standards. TABLED TO THE DECEMBER 20, 2011 CITY COUNCIL MEETING. 4. Bellafont Gardens Tree Preservation Area Modification: A resolution to approve a modification of the tree preservation area in the Bellafont Gardens development to shift about one-half acre of tree preservation area from Lot 1 to Lot 4. TABLED TO THE DECEMBER 20, 2011 CITY COUNCIL MEETING 5. ADM 11-3994 (Forest Hills R-PZD Amendment No. 1): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Three, reducing the number of dwelling units from 354 units to 240 units. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5464 6. Repeal and Replace §34.27 Sale of Municipally Owned Real Property: An ordinance to repeal §34.27 of the Code of Fayetteville and to enact a replacement §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville and to enact an emergency clause. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5465 7. Springdale Water and Sewer Commission Easement: A resolution to approve the sale of a permanent water/sewer easement of 0.383 acres and a temporary construction easement adjoining the permanent water/sewer easement along Highway 265 to the Springdale Water and Sewer Commission for $3,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 214-11 8. Amend Chapter 92: An ordinance amending Section 92.01 Definitions, repealing and replacing Section 92.20 Annual License and Tag, amending Section 92.24 Redemption of Animals, repealing Section 92.33 Animal Hobbyist Permit of Chapter 92: Animals of the Code of Fayetteville to remove animal licensing requirements and enact animal microchipping requirements, and providing for an effective date. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5466 9. Amend §50.40 Rates for Services: An ordinance to amend §50.40 Rates for Services of the Fayetteville Code by enacting a new subsection (13)(6) to charge $.95 per month per multi-family unit for recycling services when offered. THIS ITEM WAS 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 10. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2012. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5467 11. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2012. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5468 Announcements: Adjournment: 11:01 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: (a) 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. (b) 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. (c) Old business and new business. (i) 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 aides in a City Council meeting as part of their presentation. (ii) 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. (d) 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: December 6, 2011 Adjourn: 1 Subject: Roll Lewis Gray Boudreaux Kinion Petty r Tennant 0, Ferrell Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: December 6, 2011 Subject: Consent Motion To: Motion By: Seconded: Lewis ( pV(t Gray Boudreaux moU Kinion Petty � k 6l, a : w Tennant � a � r Ferrell Adams a� I Mayor Jordan c210 -1� Q -0 Subject: .,1,, iY �a fr' s a + lull l�S Motion To: Motion By: Seconded: Y Lewis Gray Boudreaux ._, Kinion j Petty Tennant \y Ferrell Adams Mayor Jordan City Council Meeting: December 6, 2011 t Sub ec : g ( ( �j 7 1 >4' Motion To: B� rMama, ^�C � Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty x Tennant o f•y ° Ferrell r Adams � Mayor Jordan rr J� Subject: � .�._ , ":,; -= ,�y, - (�e.mv�ed-fpm Com► �- � G� Motion To: Motion By: -Ebot(-a( C Ok COA Y Seconded: Lewis i+ Gray Boudreaux Kinion Petty Tennant i.i; 4- Ferrell Ferrell Adams , Mayor Jordan {"i r1 City Council Meeting: December 6, 2011 Subject: 2012 Annual Budget and Work Program Motion To: Motion By: Seconded: �Y B. 1 Lewis Unfinished Gray Business Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan Subject: ADM 11-3782 Cottage House Development Motion To: &I Motion By: / Seconded: B. 2 Lewis Unfinished Gray Business Boudreaux Kinion 40& Petty 40 o Tennant J e " Ferrell A Adams Mayor Jordan City Council Meeting: December 6,2011 Subject: Green Cab Company Motion To: Motion By. Seconded: C. 1 Lewis Public Gray i't b A10 Hearing Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: CA I,K Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: December 6,2011 Subject: Amend §94.05 Use of Fireworks Motion To: t:e'''• �1 ?� jr. � Motion By: V r Seconded: F ' D. 1 Lewis New Gray Business Boudreaux Kinion Petty Tennant ® _ �t :... Ferrell , 5W Adams Mayor Jordan r/ Subject: RZN 11-3960 (1730 N. Old Wire Road)Appeal Motion To: Motion By: t Seconded: , a 0.2 Lewis New Gray Business Boudreaux Kinion ' p Petty Vile Tennant 11 ,_u ' Ferrell Adams Mayor Jordan City Council Meeting: December 6,2011 Subject: Hilton Garden Inn Tree Preservation Area Modification Motion To: Motion By: Le `0 Seconded: � qq D.3 Lewis New Gray Business Boudreaux no Kinion Petty Tennant ,{ - @: � Ferrell Adams Mayor Jordan .lis.. Subject: Bellafout Gardens Tree Preservation Area Modification W 03 JXWY-401 Motion To: Il, f Motion By: jj�€ jg 3 t uO Seconded: D. 4 Lewis New Gray Business Boudreaux Kinion ff Petty t or as Tennant Ferrell PS Adams a Mayor Jordan City Council Meeting: December 6, 2011 Subject: ADM 11-3994 (Forest Hills R-PZD Amendment No. 1) Motion To: yv d I& j; Motion By: Seconded: D. 5 Lewis New Gray Business Boudreaux Kinion // � Petty ql Tennant }} 6 Ferrell Adams Mayor Jordan r# c Subject: Repeal and Replace §34.27 Sale of Municipally Owned Real Property Motion To: t" Motion By: &,A Seconded: eu D. 6 Lewis New Gray Business Boudreaux Kinion 545 Petty ° Tennant x ` " ♦ Ferrell Adams Mayor Jordan ) to f.: S City Council Meeting: December 6, 2011 Subject: d° 11 • ° r 2 a ne- Motion To: Motion By: � Seconded: g Lewis Gray Boudreaux Kinion Petty Tennantr, .t s Ferrell Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: December 6,2011 Subject: Springdale Water and Sewer Commission Easement Motion To: Motion By: Seconded: D. 7 Lewis New Gray Business Boudreaux Kinion Petty autv, Tennant max., �• �; �y a Ferrell Adams Mayor Jordan IU Subject: Amend Chapter 92 Motion To: qtdkd°4 ¢ Motion By: t . '..o Seconded: a -� aw D. 8 Lewis d New Gray Business Boudreaux Kinion le // Petty 5 6U! Tennant "t CI :. . Ferrell Adams Mayor Jordan q-D r7- City Council Meeting: December 6,2011 Subject: Amend §50.40 Rates for Services Motion To: Motion By: Seconded: D. 9 Lewis New Gray Business Boudreaux Kinion Petty J Tennant Ferrell y Adams Mayor Jordan Subject: Northwest Arkansas Economic Development District Motion To: Motion By: Seconded: fg D. 10 Lewis New Gray Business Boudreaux ve `` Kinion 4, Petty z Tennant Ferrell 5q� I Adams voor V/ Mayor Jordan r-i i City Council Meeting: December 6,2011 Subject: Fayetteville Youth Center,Inc Motion To: d W4 4 Motion By: 'I a,- c Seconded: If b m.,u . D. 11 Lewis New Gray -01 Business Boudreaux Kinion 4/� J s r 56 td, Petty { Q Tennant [ . ,. .• i ._ Ferrell Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan • aye evl a Departmental Correspondence ARKANSAS DEPAUMENT TO: Mayor Jordan Kit Williams City Attorney THRU: Sondra Smith, City Clerk Jason B.Kelley q Assistant City Attorney FROM: Kit Williams, City AttorneyDATE: December 7, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 6, 2011 1. Animal Services Division Donation: A resolution approving a budget adjustment in the amount of $20,000.00 representing donation revenue to the Animal Services Division by the estate of Susannah A. Porter and expressing gratitude for the bequest. 2. KME Renegade Pumper Fire Truck: A resolution to approve a budget adjustment to reflect $28,550.00 for revenue received because of the sale of a 1997 KME Renegade Pumper Fire Truck. 3. State and Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize State and Federal forfeiture revenue and to approve expenditures therefrom, in the amount of$372,107.00. 4. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of $235.00 to recognize donation revenue to the Fayetteville police Department in support of general recognition and officer service awards. 5. Mullins Branch Stream Restoration Task Order No. 3: A resolution to approve Task Order #3, Mullins Branch Stream Restoration to the August 2, 2010 Memorandum of Understanding between the City and the Watershed Conservation Resource Center and to approve a Memorandum of Understanding between the City, University and Resource Center for the project which will cost the City $25,000.00. 6. Richard Watson Settlement Agreement: A resolution approving a Settlement Agreement with Richard L. Watson, concerning Condemnation litigation filed as part of the Cato Springs Road Improvement Project, in the total amount of$9,000.00 7. FEMA Reimbursement: A resolution to approve the attached budget adjustment to reimburse City Divisions for expenditures caused by the Spring Flood and reimbursed by FEMA and/or the State of Arkansas. 8. Pick-It Construction, Inc.: A resolution to approve a contract between the City of Fayetteville and Pick-It Construction, Inc. in the amount of not-to-exceed $112,353.00 for construction of dugouts and bleacher covers at Walker Park and to approve a budget adjustment of$16,419.00. 9. 2012 Annual Budget and Work Program: A resolution adopting the 2012 Annual Budget and Work Program. 10. Green Cab Company: A resolution to approve a Certificate of Public Convenience and Necessity for the Green Cab Company to operate within the City of Fayetteville. 11. Amend §94.05 Use of Fireworks: An ordinance to amend §94.05 Use of Fireworks of the Fayetteville Code by amending (F) to replace "First Night Fayetteville: with "Creative Economy Action Group, Inc. d/b/a Last Night Fayetteville." 12. Amend §34. 27 Sale of Municipally Owned Real Property: An ordinance to amend §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville by enacting a new (H)(5) to exempt the sale of Water/Sewer Utility Easements and to enact an emergency clause. 13. Springdale Water and Sewer Commission Easement: A resolution to approve the sale of a permanent water/sewer easement of 0.383 acres and a temporary construction easement adjoining the permanent water/sewer easement along Highway 265 to the Springdale Water and Sewer Commission for $3,000.00. 14. Amend Chapter 92: An ordinance amending §92.01 Definitions, repealing and replacing §92,20 Annual License and Tag, amending §92.04 Redemption of Animals, repealing §92.33 Animal Hobbyist Permit of Chapter 92: Animals of the Code of Fayetteville to remove animal licensing requirements and enact animal microchipping requirements. 2 15. NWA Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the Northwest Arkansas Economic Development District in the amount of $53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2012. 16. Fayetteville Youth Center: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the Fayetteville Youth Center, Inc. in the amount of$205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2012. 3 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn 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 December 6, 2011 A meeting of the Fayetteville City Council will be held on December 6, 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: 1. Quarterly Financial Report—Paul Becker Agenda Additions: A. Consent: 1. Approval of the November 15, 2011 City Council meeting minutes. 2. Animal Services Division Donation: A resolution approving a budget adjustment in the amount of$20,000.00 representing donation revenue to the Animal Services Division by the estate of Susannah A. Porter and expressing gratitude for the bequest. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Premier Lighting Group: A resolution to award a bid for 37 LED light fixtures and poles from Premier Lighting Group in the amount of$70,661.00. 4. KME Renegade Pumper Fire Truck: A resolution to approve a budget adjustment to reflect $28,550.00 for revenue received because of the sale of a 1997 KME Renegade Pumper Fire Truck. 5. State and Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize state and federal forfeiture revenue and to approve expenditures therefrom, in the amount of$372,107.00. 6. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of $235.00 to recognize donation revenue to the Fayetteville Police Department in support of general recognition and officer service awards. 7. Mullins Branch Stream Restoration Task Order No. 3: A resolution to approve Task Order No. 3, Mullins Branch Stream Restoration to the August 3, 2010 Memorandum of Understanding between the City and the Watershed Conservation Resource Center and to approve a Memorandum of Understanding between the City, University and Resource Center for the project which will cost the City $25,000.00. 8. Richard L. Watson Settlement Agreement: A resolution approving a settlement agreement with Richard L. Watson, concerning condemnation litigation filed as part of the Cato Springs Road Improvement Project, in the total amount of$9,000.00. 9. FEMA Reimbursement: A resolution to approve the attached budget adjustment to reimburse city divisions for expenditures caused by the spring flood and reimbursed by FEMA and/or the State of Arkansas. 10. Midtown Alley: A resolution to name the alley that runs from Dickson Street south toward Center Street between School Avenue and Locust Avenue for 911 purposes "Midtown Alley." 11. Pick-It Construction, Inc.: A resolution to approve a contract between the City of Fayetteville and Pick-It Construction, Inc. in the amount of not-to-exceed $111,054.00 for construction of dugouts and bleacher covers at Walker Park and to approve a budget adjustment of$16,419.00. B. Unfinished Business: 1. 2012 Annual Budget and Work Program: A resolution adopting the 2012 Annual Budget and Work Program. This resolution was tabled at the November 15, 2011 City Council meeting to the December 6, 2011 City Council meeting. 2. ADM 11-3782 Cottage House Development: An ordinance to enact §164.22 Cottage Housing Development into the Unified Development Code, to amend §162.01 to add (RR) Unit 44 Cottage Housing Development and to amend Chapter 161 Zoning District to authorize Cottage Housing Developments as a right in multi-family residential districts and as a conditional use in single family residential districts. This ordinance was left on the Second Reading at the November 15, 2011 City Council meeting. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Left on the Second Reading C. Public Hearing: 1. Green Cab Company: A resolution to approve a certificate of Public Convenience and Necessity for the Green Cab Company to operate within the City of Fayetteville. D. New Business: 1. Amend §94.05 Use of Fireworks: An ordinance to Amend §94.05 Use of Fireworks of the Fayetteville Code by amending (F) to replace "First Night'with "Last Night'. 2. RZN 11-3960 (1730 N. Old Wire Road) Appeal: An ordinance rezoning that property described in rezoning petition RZN 11-3960, for approximately 8.60 acres, located at 1730 North Old Wire Road from RSF-4, Residential Single-Family, 4 units per acre to NC,Neighborhood Conservation, subject to a Bill of Assurance. 3. Hilton Garden Inn Tree Preservation Area Modification: A resolution to vacate about one-tenth of an acre of a tree preservation easement to be mitigated by the planting of 29 large species trees and developing the lot utilizing low impact development standards. 4. Bellafont Gardens Tree Preservation Area Modification: A resolution to approve a modification of the tree preservation area in the Bellafont Gardens development to shift about one-half acre of tree preservation area from Lot 1 to Lot 4. 5. ADM 11-3994 (Forest Hills R-PZD Amendment No. 1): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Three, reducing the number of dwelling units from 354 units to 240 units. 6. Repeal and Replace §34.27 Sale of Municipally Owned Real Property: An ordinance to repeal §34.27 of the Code of Fayetteville and to enact a replacement §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville and to enact an emergency clause. 7. Springdale Water and Sewer Commission Easement: A resolution to approve the sale of a permanent water/sewer easement of 0.383 acres and a temporary construction easement adjoining the permanent water/sewer easement along Highway 265 to the Springdale Water and Sewer Commission for $3,000.00. 8. Amend Chapter 92: An ordinance amending Section 92.01 Definitions, repealing and replacing Section 92.20 Annual License and Tag, amending Section 92.24 Redemption of Animals, repealing Section 92.33 Animal Hobbyist Permit of Chapter 92: Animals of the Code of Fayetteville to remove animal licensing requirements and enact animal microchipping requirements, and providing for an effective date. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. Amend §50.40 Rates for Services: An ordinance to amend §50.40 Rates for Services of the Fayetteville Code by enacting a new subsection (13)(6) to charge $.95 per month per multi-family unit for recycling services when offered. 10. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2012. 11. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2012. 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: (a) 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. (b) 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. (c) Old business and new business. (1) 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 aides in a City Council meeting as part of their presentation. (ii) 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. (d) 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 of Fayetteville Staff Review Form A.3 City Council Agenda Items Premier Lighting Group and Page 1 of 10 Contracts, Leases or Agreements 12/6/2011 City Council Meeting Date Agenda Items Only Terry Gulley Transportation Services Transportation Submitted By Division Department Action Required: A resolution to award a bid for 37 LED light fixtures and poles from Premier Lighting Group in the amount of$70,661. $ 22,000.00 $ 460,713.00 Energy Effic/Consery Block Grant $ 48,661.00 $ 1,280,727.00 Trail Development Cost of this request Category/Project Budget Program Category/Project Name 2240.9240.5342.99 $ 435,694.00 Energy Block Grant 4470.9470.5814.05 $ 588,709.00 Trail Improvements Account Number Funds Used to Date Program/Project Category Name 09011 $ 25,019.00 Energy Block Grant 02016 $ 717,037.00 Sales Tax Cap Imp Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached IAC j-/f Previous Ordinance or Resolution# 104-10 Departmen irector Date Original Contract Date: 2-1-/I Original Contract Number: City Attorney (� Date , ij � _ tdv.1✓.� 0-71'ull 11-29-1 1 P03:35 RCVD Finance and Internal Services Director Date Received in City Clerk's Office C ief of S Date ftDReceived in Mayor's Office M or Comments: 777 Revised January 15,2009 A.3 Premier Lighting Group' Page 2 of 10 1P THE CITY OF FAYETTEVILLE,ARKANSAS v j y DEPARTMENT 001iRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr,Chief of Staff p� From: Terry Gulley,Transportation Director Date: November 28, 2011 Subject: U of A Farm Trail—LED Lights DESCRIPTION- Using Sales Tax Capital Improvement funds from the Trail Development project,the City is set to purchase 37 LED lights and poles at a cost of$70,661 using Resolution 104-10(Bid#10-40).This price includes the cost of lights and poles along with freight charges and applicable taxes. The lights will be installed on the newly constructed section of the U of A Farm Trail. A portion of the total cost will be funded from the Energy Efficiency and Conservation Block Grant as part of the American Recovery and Reinvestment Act(ARRA). This will complete the City of Fayetteville's$724,900 Energy Efficiency and Conservation Block Grant program. Projects from the grant included the following: • Energy Retrofit of Police Department,Water&Sewer Operations,Fire Stations#1,#4 and#6 • 160 LED lights along trails and sidewalks • Greenhouse Gas Emissions Inventory for municipal operations • 6.8 kilowatt solar photovoltaic system on District Court Building • Community Revolving Loan Fund retrofitting three non-profit facilities in Fayetteville The City also received over$27,000 in energy rebates from the Arkansas Energy Office and Southwestern Electric Power Company as a result of the energy projects from this grant. A.3 Premier Lighting Group Page 3 of 10 RESOLUTION NO. A RESOLUTION TO AWARD A BID FOR 37 LED LIGHT FIXTURES AND POLES FROM PREMIER LIGHTING GROUP IN THE AMOUNT OF $70,661.00 WHEREAS, Premier Lighting Group was the low bidder in Bid #10-40 for Trail Lighting Equipment and has already supplied 33 LED light fixtures and poles which have been installed on the Scull Creek Trail pursuant to such bid; and WHEREAS, the new U of A Farm Trail, which will connect to the Scull Creek Trail from the underpass at Mount Comfort and I-540, needs 37 LED light fixtures and poles; and WHEREAS, the City needs to expend the remainder of the energy conversation funds it received from the American Recovery at Reinvestment Act which will help pay for this project. 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 and awards the bid from Premier Lighting Group pursuant to Bid #10-40 to purchase an additional thirty-seven (37) LED light fixtures and poles for the University of Arkansas Farm Trail in the amount of$70,661.00. PASSED and APPROVED this 6ffi day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer