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HomeMy WebLinkAbout2014-10-07 - Agendas - Final Alderman Adella Gray Alderman Justin Tennant Ward 1 Position l Ward 3 Position l e �- Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion -_-_ � Alderman Rhonda Adams Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith Final Agenda City of Fayetteville Arkansas City Council Meeting October 07, 2014 A meeting of the Fayetteville City Council will be held on October 07, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Bi Monthly Report on Public Transportation Agenda Additions: A. Consent: 1. Approval of the August 19-20, 2014 and September 02, 2014 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. Paige Mulhollan Waterfowl Blind: A resolution to honor Paige Mulhollan by naming the waterfowl blind to be constructed at Lake Fayetteville Park the Paige Mulhollan Waterfowl Blind. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-14 3. Bid #14-31 Cummins Mid-South: A resolution to award Bid #14-31 and authorize a generator preventative maintenance contract with Cummins Mid-South in the amount of $15,040 per year plus non-scheduled service calls at the rate of$115.20 per hour. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-14 4. 2014-2015 Selective Traffic Enforcement Program (STEP) grant: A resolution to authorize acceptance of a 2014-2015 Selective Traffic Enforcement Program(STEP)grant award in the amount of$116,900.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-14 5. Arkansas State Police Special State Asset Forfeiture Grant: A resolution to authorize acceptance of a non-matching Arkansas State Police Special State Asset Forfeiture Grant in the amount of $36,069.00 for the purchase of a covert cellular wire and two (2) undercover drug enforcement vehicles, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-14 6. Bid #14-52 Teeco Safety, Inc.: A resolution to award Bid #14-52 to Teeco Safety, Inc., to authorize the immediate purchase of twelve (12) replacement tactical body armor vests for emergency response team officers in the amount of$23,580.00 plus applicable taxes, and to authorize the purchase of body armor vests as needed through 2019 for use by the Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 176-14 7. Bid #14-53 Cameron Bridge Works, LLC: A resolution to award Bid #14-53 and authorize the purchase of a prefabricated steel bridge from Cameron Bridge Works, LLC of Elmira, New York in the amount of $53,991.00 plus applicable taxes for installation over Town Branch Creek as part of the Frisco Trail extension. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 177-14 8. McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc. for engineering design and bidding services for the Ramsey and Overcrest Sanitary Sewer Rehabilitation Project in an amount not to exceed $228,644.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 178-14 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 9. Grubbs, Hoskyn, Barton & Wyatt, Inc.: A resolution to authorize a contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for materials testing and construction observation services on the Spring Street Parking Deck Project in an amount not to exceed$120,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 179-14 10. Garver, LLC Amendment No. 3: A resolution to approve Amendment No. 3 to the contract with Garver, LLC for construction administration services on the Spring Street Parking Deck Project in an amount not to exceed $168,600.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-14 B. Unfinished Business: None C. New Business: 1. Special Referendum Election Ordinance No. 5703: A resolution to set the date for the special election for the referendum election on Ordinance No. 5703 which enacted Chapter 119 of the Fayetteville code to create a process for the protection of civil rights in the city of Fayetteville and requesting the Washington County Board of Election Commissioners to place this referendum on the ballot and to approve a budget adjustment to pay for the special election. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-14 2. BlueInGreen, LLC: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of an ozone disinfection system from BlueInGreen, LLC of Fayetteville, Arkansas in the amount of$1,780,825.00 plus any applicable taxes for the Noland Wastewater Treatment Plant. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5714 3. Tree Preservation Area Modification for the Frisco and Town Branch Trails: A resolution to approve a request by the City of Fayetteville to modify the geographic extent and location of certain Tree Preservation Areas pursuant to § 167.04(1)(2), Tree Preservation and Protection, Unified Development Code of the Code of Fayetteville, to construct sections of the Frisco and Town Branch Trails. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-14 4. Walton Arts Center Cost-Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost-share agreement with the Walton Arts Center for the construction of the new Walton Arts Center Administrative Headquarters Building. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5715 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 5. Baldwin & Shell Construction Company Amendment No. 2: A resolution to authorize Amendment No. 2 to the contract with Baldwin & Shell Construction Company for construction phase services for the Spring Street Parking Deck project, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-14 6. Police Department Ninth Beat Feasibility Study: A resolution to request that the administration study the necessity and feasibility of adding a ninth beat and five additional police officers to the Fayetteville police department PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-14 D. City Council Agenda Session Presentations: 1. Building Energy Efficiency Update —Peter Nierengarten and Paul Becker E. City Council Tour: F. Announcements: Adjournment: 7:36 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium,give your name,address,and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones mast be silenced and may not be used within the City Council Chambers. Below is a portion of the Rales of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two- thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and,if an ordinance,read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant,etc.)may present its proposal only during this presentation period,but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed,but the public may submit photos,petitions,etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided;this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public,all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks,reflections as to integrity,abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor,must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings,a 72 hour advance notice is required. For further information or to request an interpreter,please call(479)575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain,Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 wwwfayetteville-ar.gov City Council Meeting: October 7,2014 Adjourn: Subject: Roll Schoppmeyer.---.. _ ✓ _.- ------- Adams +/ Long L/ Gray Marsh ✓ Kinion / Petty Tennant f Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: October 7, 2014 Subject: Consent Motion By: Pi"I, Seconded: Schoppmeyer ✓ Mc Adams Qpprouc� Long P44d Gray ✓ Marsh Kinion T(IYLI Petty Tennant Iib- IU Mayor Jordan 8-O Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: October 7,2014 Subject: Special Referendum Election Ordinance No. 5703 Motion To: YUW ?v Motion By: LA PLbft, Seconded: (may„(, 4 N0w C. 1 Schoppmeyer Al New Adams i/ ✓ Business Long Gray ✓ ✓ Marsh f ✓ f Kinion ✓/ ✓ a Petty �/ ✓ ✓ Tennant °' />/ Mayor Jordan Subject: BlueInGreen, LLC Motion To: Motion By: P Seconded: jYIGL�a� C 2 Schoppmeyer ✓ ✓ New Adams ✓ ✓ Business Long ✓ ✓ ✓ ?OAA-" Gray ✓ ✓ '� --� Marsh �� ✓ Kinion ✓ `� Petty ✓ Tennant Mayor Jordan �- g o a-G City Council Meeting: October 7, 2014 Subject: Tree Preservation Area Modification for the Frisco and Town Branch Trails Motion To: 1��Gvov2 Motion By: Seconded: M RXAL C. 3 Schoppmeyer / New Adams ✓ Business Long ✓ Gray V-- Marsh Marsh Kinion ✓ Petty Tennant Mayor Jordan 8-0 Subject: Walton Arts Center Cost-Share Agreement Motion To: 01/1 PI,4-J 3rd Motion By: Seconded: fn AAA)- C. 4 Schoppmeyer / ✓ `"/ New Adams ;� v� ✓ Business Long ✓ / �r Gray ✓ °� ✓ -� Marsh / Kinion ✓ Petty ✓ Tennant Mayor Jordan City Council Meeting: October 7,2014 Subject: Baldwin & Shell Construction Company Amendment No. 2 Motion To: rod& Motion By: Seconded: yyl C. 5 Schoppmeyer New Adams Business Long Gray .� Marsh s*'` Kinion v� Petty Tennant Al Mayor Jordan Subject: Police Department Ninth Beat Feasibility Study Motion To: d�. Motion By: Seconded: py� C. 6 Schoppmeyer New Adams f Business Long y� Gray44-1 o ""'P Marsh ,/ Kinion ✓'' Petty Tennant ,�I� Mayor Jordan Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attomeyl� �+�1 DATE: October 8,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of October 7,2014 1. Paige Mulhollan Waterfowl Blind: A resolution to honor Paige Mulhollan by naming the waterfowl blind to be constructed at Lake Fayetteville Park the Paige Mulhollan Waterfowl Blind. 2. Bid #14-31 Cummins Mid-South: A resolution to award Bid #14-31 and authorize a generator preventative maintenance contract with Cummins Mid-South in the amount of$15,040 per year plus non-scheduled service calls at the rate of$115.20 per hour. 3. 2014-2015 Selective Traffic Enforcement Program (STEP) grant: A resolution to authorize acceptance of a 2014-2015 Selective Traffic Enforcement Program (STEP) grant award in the amount of$116,900.00, and to approve a budget adjustment. 4. Arkansas State Police Special State Asset Forfeiture Grant: A resolution to authorize acceptance of a non-matching Arkansas State Police Special State Asset Forfeiture Grant in the amount of $36,069.00 for the purchase of a covert cellular wire and two (2) undercover drug enforcement vehicles, and to approve a budget adjustment. 5. Bid #14-52 Teeco Safety, Inc.: A resolution to award Bid #14-52 to Teeco Safety, Inc., to authorize the immediate purchase of twelve (12) replacement tactical body armor vests for emergency response team officers in the amount of $23,580.00 plus applicable taxes, and to authorize the purchase of body armor vests as needed through 2019 for use by the Police Department. 6. Bid #14-53 Cameron Bridge Works, LLC: A resolution to award Bid #14-53 and authorize the purchase of a prefabricated steel bridge from Cameron Bridge Works, LLC of Elmira, New York in the amount of$53,991.00 plus applicable taxes for installation over Town Branch Creek as part of the Frisco Trail extension. 7. McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc. for engineering design and bidding services for the Ramsey and Overcrest Sanitary Sewer Rehabilitation Project in an amount not to exceed $228,644.00,and to approve a budget adjustment. 8. Grubbs, Hoskyn, Barton & Wyatt, Inc.: A resolution to authorize a contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for materials testing and construction observation services on the Spring Street Parking Deck Project in an amount not to exceed $120,000.00. 9. Garver, LLC Amendment No. 3: A resolution to approve Amendment No. 3 to the contract with Garver, LLC for construction administration services on the Spring Street Parking Deck Project in an amount not to exceed $168,600.00. 10. Special Election for Referred Ordinance No. 5703: A resolution to set the date for the special election for the referendum election on Ordinance No. 5703 which enacted Chapter 119 of the Fayetteville Code to create a process for the protection of civil rights in the City of Fayetteville, to request the Washington County Board of Election Commissioners to place this referendum on the ballot and to approve a budget adjustment to pay for the special election. 11. BlueInGreen, LLC: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of an ozone disinfection system from BlueInGreen, LLC of Fayetteville, Arkansas in the amount of$1,780,825.00 plus any applicable taxes for the Noland Wastewater Treatment Plant. 12. Tree Preservation Area Modification for the Frisco and Town Branch Trails: A resolution to approve a request by the City of Fayetteville to modify the geographic extent and location of certain Tree Preservation Areas pursuant to § 167.04(1)(2), Tree Preservation and Protection, Unified Development Code of the Code of Fayetteville, to construct sections of the Frisco and Town Branch Trails. 13. Walton Arts Center Cost-Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost-share agreement with the Walton Arts Center for the construction of the new Walton Arts Center Administrative Headquarters Building. 14. Baldwin & Shell Construction Company Amendment No. 2: A resolution to authorize Amendment No. 2 to the contract with Baldwin & Shell Construction Company for construction phase services for the Spring Street Parking Deck project, and to approve a budget adjustment. 15. Police Department Ninth Beat Feasibility Study: A resolution to request that the administration study the necessity and feasibility of adding a ninth beat and five additional police officers to the Fayetteville police department 2 Alderman Adella Gray Alderman Justin Tennant Ward 1 Position l Ward 3 Position l e �- Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion -_-_ � Alderman Rhonda Adams Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith Final Agenda City of Fayetteville Arkansas City Council Meeting October 07, 2014 A meeting of the Fayetteville City Council will be held on October 07, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Bi Monthly Report on Public Transportation Agenda Additions: A. Consent: 1. Approval of the August 19-20, 2014 and September 02, 2014 City Council meeting minutes. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. Paige Mulhollan Waterfowl Blind: A resolution to honor Paige Mulhollan by naming the waterfowl blind to be constructed at Lake Fayetteville Park the Paige Mulhollan Waterfowl Blind. 3. Bid #14-31 Cummins Mid-South: A resolution to award Bid #14-31 and authorize a generator preventative maintenance contract with Cummins Mid-South in the amount of $15,040 per year plus non-scheduled service calls at the rate of$115.20 per hour. 4. 2014-2015 Selective Traffic Enforcement Program (STEP) grant: A resolution to authorize acceptance of a 2014-2015 Selective Traffic Enforcement Program(STEP)grant award in the amount of$116,900.00, and to approve a budget adjustment. 5. Arkansas State Police Special State Asset Forfeiture Grant: A resolution to authorize acceptance of a non-matching Arkansas State Police Special State Asset Forfeiture Grant in the amount of $36,069.00 for the purchase of a covert cellular wire and two (2) undercover drug enforcement vehicles, and to approve a budget adjustment. 6. Bid #14-52 Teeco Safety, Inc.: A resolution to award Bid #14-52 to Teeco Safety, Inc., to authorize the immediate purchase of twelve (12) replacement tactical body armor vests for emergency response team officers in the amount of$23,580.00 plus applicable taxes, and to authorize the purchase of body armor vests as needed through 2019 for use by the Police Department. 7. Bid #14-53 Cameron Bridge Works, LLC: A resolution to award Bid #14-53 and authorize the purchase of a prefabricated steel bridge from Cameron Bridge Works, LLC of Elmira, New York in the amount of $53,991.00 plus applicable taxes for installation over Town Branch Creek as part of the Frisco Trail extension. 8. McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc. for engineering design and bidding services for the Ramsey and Overcrest Sanitary Sewer Rehabilitation Project in an amount not to exceed $228,644.00, and to approve a budget adjustment. 9. Grubbs, Hoskyn, Barton & Wyatt, Inc.: A resolution to authorize a contract with Grubbs, Hoskyn, Barton & Wyatt, Inc. for materials testing and construction observation services on the Spring Street Parking Deck Project in an amount not to exceed$120,000.00. 10. Garver, LLC Amendment No. 3: A resolution to approve Amendment No. 3 to the contract with Garver, LLC for construction administration services on the Spring Street Parking Deck Project in an amount not to exceed $168,600.00. B. Unfinished Business: None 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov C. New Business: 1. Special Referendum Election Ordinance No. 5703: A resolution to set the date for the special election for the referendum election on Ordinance No. 5703 which enacted Chapter 119 of the Fayetteville code to create a process for the protection of civil rights in the city of Fayetteville and requesting the Washington County Board of Election Commissioners to place this referendum on the ballot and to approve a budget adjustment to pay for the special election. 2. BlueInGreen, LLC: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of an ozone disinfection system from BlueInGreen, LLC of Fayetteville, Arkansas in the amount of$1,780,825.00 plus any applicable taxes for the Noland Wastewater Treatment Plant. 3. Tree Preservation Area Modification for the Frisco and Town Branch Trails: A resolution to approve a request by the City of Fayetteville to modify the geographic extent and location of certain Tree Preservation Areas pursuant to § 167.04(1)(2), Tree Preservation and Protection, Unified Development Code of the Code of Fayetteville, to construct sections of the Frisco and Town Branch Trails. 4. Walton Arts Center Cost-Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost-share agreement with the Walton Arts Center for the construction of the new Walton Arts Center Administrative Headquarters Building. 5. Baldwin & Shell Construction Company Amendment No. 2: A resolution to authorize Amendment No. 2 to the contract with Baldwin & Shell Construction Company for construction phase services for the Spring Street Parking Deck project, and to approve a budget adjustment. 6. Police Department Ninth Beat Feasibility Study: A resolution to request that the administration study the necessity and feasibility of adding a ninth beat and five additional police officers to the Fayetteville police department D. City Council Agenda Session Presentations: 1. Building Energy Efficiency Update—Peter Nierengarten and Paul Becker E. City Council Tour: F. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium,give your name,address,and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones mast be silenced and may not be used within the City Council Chambers. Below is a portion of the Rales of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two- thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and,if an ordinance,read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant,etc.)may present its proposal only during this presentation period,but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed,but the public may submit photos,petitions,etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided;this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public,all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks,reflections as to integrity,abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor,must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings,a 72 hour advance notice is required. For further information or to request an interpreter,please call(479)575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain,Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 wwwfayetteville-ar.gov C. 1 Special Referendum Election Ordinance No.5703 City of Fayetteville Staff Review Form Page 1 of 14 2014-0430 Legistar File ID 10/7/2014 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Sondra E.Smith 9/30/2014 City Clerk/Treasurer/ General Government Department Submitted By Submitted Date Division/Department Action Recommendation: A resolution calling a Special Election regarding Civil Rights Ordinance Number 5703, due to referendum petitions that were received on September 20, 2014, and approval of a budget adjustment in the amount of$40,000 to cover the cost of the special election. Budget Impact: 1010.1510.5318.00 1010-General Fund Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ 25,000.00 Funds Obligated $ 25,000.00 Current Balance $ - Does item have a cost? Yes Item Cost $ 40,000.00 Budget Adjustment Attached? Yes Budget Adjustment $ 40,000.00 Remaining Budget $ - V20140710 Previous Ordinance or Resolution# 5703 Original Contract Number: N/A Approval Date: Comments: We currently have$25,000 budgeted for the November 4, 2014 General Election. The current budget is needed to pay for that election therefore a budget adjustment is needed to pay for the Special Election. C. 1 Special Referendum Election OFFICE OF THE CITY CLERK TREASURER Ordinance No.5703 Page 2 o 14 Sondra E.Smith—City Clerk Treasurer Phone 479.575.8323 Lisa Branson— Deputy City Clerk y ,-cl cityclerk@fayetteville-acgov 113 W.Mountain Street,Suite 308 Fayetteville,AR 72701 City Council Agenda Memo Meeting of October 7, 2014 To: Mayor Lioneld Jordan and City Council From: Sondra Smith, City Clerk jij ui4-, >Qw&- Date: September 30, 2014 Re: Special Election RECOMMENDATION: Approval of a resolution calling for a special election regarding Civil Rights Ordinance Number 5703. Referendum petitions were received on September 20, 2014, and have been verified as sufficient to call a special election. The petitions requested an election date of December 9, 2014. The County Clerk has confirmed a special election can be held on December 9, 2014 provided a copy of the approved resolution is received on or before October 10, 2014. BACKGROUND: The Fayetteville City Council approved Ordinance Number 5703 on August 20, 2014. The 2013- 2014 Initiative or Referenda Handbook from the Secretary of State states, fifteen (15) percent of the legal voters of any municipality may order the referendum or invoke the initiative upon any local measure. In municipalities the number of signatures required upon any petition shall be computed upon the total votes cast at the last preceding general election. The November 6, 2012 general election official results, the total votes cast for the office of Mayor in the City of Fayetteville was 27,296. Therefore, fifteen (15) percent of the total votes cast for mayor calculates to 4,096 signatures that are required on initiative or referenda petitions. The signatures on the petitions must be of registered voters that reside in the City of Fayetteville. City Code 36.16 When Petitions Need To Be Filed All referendum petitions under Amendment 7 to the Constitution of the State of Arkansas must be filed with the City Clerk within 31 days after the passage of the ordinance to which it relates. The deadline for submitting petitions was Saturday, September 20, 2014. Since the deadline fell on a Saturday, the City Clerk office was open on September 20, 2014 to receive any potential petitions that might be submitted. C. 1 Special Referendum Election Ordinance No.5703 Page 3 of 14 About 1:30 p.m. Saturday, September 20, 2014 we received 802 petitions. We began the process of date stamping, and verifying the number of signatures submitted. In my preliminary analysis of the petitions received they contained 5,714 signatures. The petitions with the ordinance and affidavits attached yielded slightly more than the 4,095 signatures required to call a special referendum election. Therefore, as Fayetteville City Clerk, I certified the referendum petition concerning Ordinance Number 5703 passed on August 20, 2014 as sufficient pursuant to the requirements of Amendment 7 and Arkansas law. BUDGETIMPACT: The special election is estimated to cost$20,000 to $40,000. The cost is determined by the number of voters that cast votes and any cost associated with the election. •Page 2 C. 1 City of Fayetteville,Arkansas- Budget Adjustment Form (Legistar) Special Referendum Election 3 Budget Year Division: City Clerk/Treasurer Adjustment Number Page 4 of 14 2014 Dept.: General Government Requestor: Sondra E.Smith BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: A resolution calling a Special Election regarding Civil Rights Ordinance Number 5703, due to referendum petitions that were received on September 20,2014,and approval of a budget adjustment in the amount of$40,000 to cover the cost of the special election. COUNCIL DATE: 10/7/2014 LEGISTAR FILE ID#: 2014-0430 13cwb ara,Felb 9/30/2014 3:10 PM Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: / v.20140829 TOTAL 40,000 40,000 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 1010.1510.5318.00 40,000 - EX Election Cost 1010.0001.4999.99 - 40,000 RE Use of Fund Balance C:\Users\lbranson\AppData\Roaming\L5\Temp\9d 15ed5d-1 c03-430a-8413-06cf813f1687 1 of 1 C. 1 Special Referendum Election OFFICE OF THE CITY CLERK TREASURER Ordinance No.5703 Page 5 of 14 Sondra E.Smith-City Clerk Treasurer (-�! a ° Phone 479.575.8323 Lisa Branson- Deputy City Clerk cityderk@fayetteville-ar.gov " -- 113 W.Mountain Street,Suite 308 Fayetteville,AR 72701 Departmental Correspondence To: Mayor Lioneld Jordan City Council City Attorney Kit Williams Assistant City Attorney Blake Pennington/� From: Sondra Smith, City Clerk Treasurer 0-14/ Date: September 20, 2014 RE: Referendum Petitions According to the 2013-2014 Initiative or Referenda Handbook from the Secretary of State, fifteen (15) percent of the legal voters of any municipality may order the referendum or invoke the initiative upon any local measure. In municipalities the number of signatures required upon any petition shall be computed upon the total votes cast at the last preceding general election. According to the November 6, 2012 General Election Official Results the total votes cast for the office of Mayor in the City of Fayetteville was 27,296. Therefore, fifteen(15)percent of the total votes cast for mayor calculates to 4,095 signatures that are required on initiative or referenda petitions. The signatures on the petitions must be of registered voters that reside in the City of Fayetteville. City Code 36.15 When Petitions Need To Be Filed All referendum petitions under Amendment 7 to the Constitution of the State of Arkansas must be filed with the City Clerk within 31 days after the passage of the ordinance to which it relates. According to City Attorney Kit Williams the deadline for submitting petitions was today, September 20, 2014. Since the deadline fell on a Saturday, the City Clerk office was open today to receive any potential petitions that might be submitted. C. 1 Special Referendum Election Ordinance No.5703 Page 6 of 14 About 1:30 p.m. today, Saturday, September 20, 2014 we received 802 petitions. We began the process of date stamping, and verifying the number of signatures submitted. In my preliminary analysis of the petitions received they contained 5,714 signatures. We have ten (10) days to complete the verification process, therefore Monday we will begin the process of verifying the signatures. I would like to thank City Clerk staff Gina Roberts, Lisa Branson, Kim Johnson and Dee McCoy for coming in on a Saturday to help with the petition process. I would also like to thank Lindsley Smith, Communications & Marketing Director for being available to communicate with citizens and the press, the City Attorney office, for legal assistance and Building Maintenance for their help with setting up. C. 1 Special Referendum Election OFFICE OF THE CITY CLERK TREASURER Ordinance No.5703 Page 7 of 14 Sondra E.Smith— City Clerk Treasurer ° -�° Phone 479.575.8323 Lisa Branson—Deputy City Clerkcityclerk@fayetteville-ar.gov 3�gni s 113 W.Mountain Street,Suite 308 Fayetteville,AR 72701 To: Lioneld Jordan,Mayor City Council /� From: Sondra Smith,City Clerk Date: September 26,2014 Re: Petition for Referendum on Civil Rights Ordinance Number 5703 My office has spent innumerable hours reviewing thousands of signatures on the petitions presented by Travis W. Story legal counsel for Repeal 119 Fayetteville requesting a referendum on recently passed Ordinance Number 5703 to amend the Fayetteville code by enacting Chapter 119 Civil Rights Administration for the City of Fayetteville. We had to reject signatures on petitions that were not properly notarized as required by Amendment 7 and state law. Arkansas Supreme Court decisions require a liberal evaluation of the petitions so that the goals of citizen review of government action is promoted. Repeal 119 Fayetteville filed 802 petitions to my office on September 20,2014. A copy of Ordinance Number 5703 was attached to each of the 802 petitions. Our evaluation revealed the petitions contained approximately 5,714 signatures. My office then attempted to validate the signatures on the petitions filed on September 20,2014. We eliminated duplicate signatures,registered voters who became registered after they signed the petition or who failed to date the petition so that we could not determine whether their recent voter registration occurred before or after they signed the petition. In all of our evaluations of the petitions,we accepted the affidavit of the canvasser as true. Every affidavit is a sworn statement that the canvasser personally witnessed each voter sign the petition. Thus, we did not question the accurateness of any signature on a properly sworn to petition. My office is only supposed to examine what is presented and filed in my office to see if the referendum petition is sufficient. Information or allegations about questionable signatures or questions of canvassers is a subject for litigation before a Judge, and not within my power or responsibility as Fayetteville City Clerk. CONCLUSION The petitions with the ordinance and affidavits attached yielded slightly more than the 4,095 signatures required to call a special referendum election. Therefore, as Fayetteville City Clerk,I certify that the Referendum Petition concerning Ordinance Number 5703 passed on August 20, 2014 is SUFFICIENT pursuant to the requirements of Amendment 7 and Arkansas law. C. 1 Special Referendum Election Ordinance No.5703 Page 8 of 14 Smith, Sondra From: Becky Lewallen <BLewallen@co.washington.ar.us> Sent: Tuesday, September 30, 2014 12:00 PM To: Smith,Sondra Subject: RE:City of Fayetteville Referendum Election Sondra, We will have your election December 9, 2014 as long as you can file your ordinance with us on or by October 10, 2014.The law requires it to be filed in our office sixty days before the election. I think Jennifer would like ballot language information as soon as possible so they can start working on ballot prep. Do you think you can have the ordinance filed with us by October 10, 2014? Thanks, Beckyl-ewallen Washington County Clerk From:Smith,Sondra<ssmith@fayetteville-ar.gov> Sent:Tuesday,September 30,201411:54 AM To: Election Commission;Becky Lewallen Cc:Williams, Kit;Travis Story Subject:City of Fayetteville Referendum Election Hi Jennifer and Becky The City of Fayetteville has verified signatures on petitions that were turned in to send the Civil Rights Ordinance that was passed on August 20, 2014 to a Special Election. The petitions called for an election date of December 9, 2014. 1 will place an item on the City Council agenda requesting the Special Election. I have a few questions for you 1. Is it feasible to have a Special Election on December 9, 2014 for this referendum. 2. What date do you need the ballot title to meet the December 9, 2014 Special Election date. 3. If the Special Election is not feasible for December 9, 2014 please explain why 4. If December 9, 2014 is not feasible what date is feasible for a Special Election regarding this referendum. We appreciate your service. Thanks for your help! Sondra Office of the City Clerk Treasurer Sondra E. Smith CAMC, CMC City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 ssm ith(a)favettevi Ile-ar.aov Website I Facebook I Twitter I YouTube i C. 1 Special Referendum Election Ordinance No.5703 CITY Of Page 9 of 14 ye v' e AfiKAN5A5 www.fayetteui IIs-acgam 2 C. 1 Spe m Election . o.5703 of 14 DEPARTMENTAL CORRESPONDENCE _ OFFICE OF THE CITY ATTORNEY Kit WilliaRlS City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Sondra Smith, City Clerk/Treasurer Paralegal City Council FROM: Kit Williams, City Attorney DATE: September 30, 2014 RE: Civil Rights Ordinance Referendum Amendment 7 to the Arkansas Constitution (now codified as Article 5 § 1 of the Arkansas Constitution) and Title 7 of the Arkansas Code establish the procedures for setting the special election date and creating the ballot form for a referendum. 5�pecial Election Date The special election must occur within 120 days of the City Clerk's certification of the petition calling for the referendum. The City Clerk certified the sufficiency of the petition on September 26, 2014; therefore, the election must be held no later than January 27, 2015. Ark. Code Ann § 7- 11-205 requires that special elections be held on the second Tuesday of the month which restricts the possible election dates to December 9, 2014 or January 13, 2015. If the City Council chooses the December election date, the Election Commission must receive the ballot information no later than October 10, 2014. 1 C. 1 Special Referendum Election Ordinance No.5703 Page 11 of 14 Ballot Form Ark. Code Ann. § 7-11-204 requires the resolution passed by City Council setting the special election to include: (1) The date of the special election; (2) The full text of any measure or question for which the election is called; (3) The ballot title, if any, for the measure or question for which the election is called; and (4) Any other information required by law. Ark. Code Ann. § 7-9-105 includes a form that was adopted by the General Assembly as a template for referendum petitions. The information contained in the petition is then used to create the ballot for the election. Rather than precisely following this form, the petitioners seeking to refer the Civil Rights Administration Ordinance to the voters suggested their own ballot title which might unfortunately confuse the voters. This mistake does not invalidate the petition, but the ballot title should follow the form prescribed by the Legislature. It is more straightforward and understandable for the ballot to follow the form set forth in state law, in which a "For' vote on the ballot is actually a vote for the ordinance and an "Against" vote is a vote against the ordinance. This would be much clearer for voters than a "For" vote on the ballot actually being a vote against the ordinance and an "Against" vote being a vote for the ordinance. Therefore, the proposed Special Election and Ballot Resolution contains the language that conforms to Ark. Code Ann. § 7-11- 204 and 7-11-107 (c). The statutory requirement that a For vote must be for the measure and cannot be against its enactment is made very clear by A.C.A. § 7-9-107 statute relates to state issues and gives the Arkansas (c). Although flus s � Attorney General the duty to correct misleading ballot titles, it is certainly instructive in our case despite the fact that this statute does not give city attorneys this pre-circulation corrective powers. 2 C. 1 Special Referendum Election Ordinance No.5703 Page 12 of 14 This statute requires a"redesign...(of) the ballot title" if: "the ballot title, or the nature of the issue, is presented in such manner that the ballot title would be misleading or designed in such manner that a vote 'FOR' the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote 'AGAINST' an issue would be a vote for a viewpoint that the voter is against." A.C.A. § 7-9-107 (c) (emphasis added). Unfortunately, the petitioners' proposed ballot title to "Repeal" suffers from the exact misleading problem prohibited by the Legislature in A.C.A. § 7-9-107 (c). Such a misleading ballot title would confuse voters on both sides of this issue and thus must be corrected to conform with state law. The Legislature spelled out what should be the ballot language for County ordinances subjected to a referendum in Ark. Code Ann. § 14-14- 917, Initiative and Referendum Elections. I regret that this was not expressly made applicable to municipal referendum elections or that municipal referendum elections do not have their own state statute to clearly explain exactly how a ballot should read. However, I believe that city councils are closely analogous to county quorum courts so that the same referendum procedure for their ordinances should be applicable to both local governing bodies. In Ark. Code Ann. § 14-14-917(d), Ballot Specifications for Initiative and Referendum Measures, the Legislature states: "So that electors may vote upon the ordinance or measure, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred to the electors with these words: 3 C. 1 Special Referendum Election Ordinance No.5703 Page 13 of 14 FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT) NO. AGAINST PROPOSED INITATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT) NO. If the proposed Special Election and Ballot Resolution is approved, the ballot at the special election will include the title of the Ordinance that was passed on August 20, 2014 along with the full text of the ordinance. Below that, there will be two options for the voters: For Referred Ordinance No. 5703 and Against Referred Ordinance No. 5703. 4 C. 1 Special Referendum Election Ordinance No.5703 Page 14 of 14 Exhibit A PROPOSED BALLOT LANGUAGE FOR REFERENDUM ELECTION FOR FAYETTEVILLE CITY ORDINANCE NO. 5703 ORDINANCE NO.5703 AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE CITY OF FAYETTEVILLE WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and opportunity of all persons to be free from unfair discrimination based on real or perceived race, ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital status,socioeconomic background,religion, sexual orientation,disability and veteran status;and WHEREAS,the City of Fayetteville seeks to promote the public health and welfare of all persons who live or work in the City of Fayetteville and to ensure that all persons within the City have equal access to employment,housing,and public accommodations. 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 Fayetteville,Arkansas enacts Chapter 119 Civil Rights Administration as shown on Exhibit"A"attached hereto. FOR REFERRED ORDINANCE NO. 5703 ❑ AGAINST REFERRED ORDINANCE NO. 5703 ❑