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HomeMy WebLinkAbout2010-06-15 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position I—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 15, 2010 A meeting of the Fayetteville City Council will be held on June 15, 2010 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: Presentations, Reports and Discussion Items: 1. Nominating Committee Report—Alderman Cook APPROVED Agenda Additions: A. Consent: 1. Approval of the June 1, 2010 City Council meeting minutes. APPROVED 2. Bid #10-36 Dynamic Lighting Solutions: A resolution awarding Bid #10-36 and approving the purchase of thirty-two (32) LED light fixtures and poles in the amount of $60,935.28 from Dynamic Lighting Solutions for installation as part of the Block Street Improvement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 102-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #10-39 Chevrolet of Fayetteville: A resolution awarding Bid#10-39 and approving the purchase of one (1) 2011 Chevrolet Tahoe K-9 unit from Chevrolet of Fayetteville in the amount of$26,997.00 for use by the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 103-10 4. Bid #10-40 Dynamic Lighting Solutions: A resolution awarding Bid #10-40 and approving the purchase of thirty-three (33) LED light fixtures and poles in the amount of $60,351.89 from Dynamic Lighting Solutions for installation on Scull Creek Trail between North Street and Maple Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 104-10 5. Vermeer Corporation: A resolution authorizing the purchase of one (1) 521 Wildcat Trommel Screener from Vermeer Corporation through an NJPA bid in the amount of $195,693.65 for use by the Solid Waste Division, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 105-10 6. 2009 Edward Byrne Memorial Justice Assistance Grant: A resolution authorizing acceptance of a 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of $30,000.00 for drug enforcement equipment and supplies for the Fayetteville Police Department, and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 106-10 7. Garver, LLC Amendment No. 2: A resolution approving Amendment No. 2 to the contract with Garver, LLC in the amount of $196,350.00 for additional design and construction phase services for the Cato Springs Road Improvement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-10 8. Fayetteville Expressway Economic Development Corridor Project: A resolution expressing the willingness of the City of Fayetteville to utilize federal-aid funds for expansion of Van Asche Drive from Garland Avenue to Gregg Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 108-10 9. Off Street Parking Development Appointment: A resolution to approve the appointment of four members of the Board of Improvement of the Downtown Off Street Parking Development District No. 1 of the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 109-10 B. Unfinished Business: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 1. Amend Chapter §163.14 Revocation or Change of Conditional Use: An ordinance amending §163.14 of the Unified Development Code to permit a periodic review of conditional use permits as described herein. This ordinance was left on the First Reading at the May 18, 2010 City Council meeting. This ordinance was left on the Second Reading at the June 1, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5330 C. New Business: 1. Home Depot Foundation/SCI Pilot Cities Grant: A resolution authorizing application and acceptance of a Home Depot Foundation/SCI Pilot Cities Grant in the amount of $500,000.00 with a city matching amount of $100,000.00 to complete an affordable housing project, develop a sustainability initiative, and perform an assessment of current sustainability efforts. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 110-10 2. Highway 16 Improvements Project: A resolution amending resolution 101-06 expressing the willingness of the City of Fayetteville to participate in partial funding of the proposed widening of Highway 16. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 111-10 3. RZN 10-3566 (932 Garland): An ordinance rezoning that property described in rezoning petition RZN 10-3566, for approximately 0.84 acres, located at 932 Garland Avenue from R-PZD, Residential Planned Zoning District 06-2256 (932 Garland), to R- O, Residential Office and RMF-40, Residential Multi-family, 40 units per acre. THIS ORDINANCE WAS LEFT ON THE SECOND READING. 4. ADM 09-3273 (Business Registry and License Program: An ordinance to amend the Fayetteville code by enacting a chapter to create a business registry and to require annual business licenses for all businesses and non-profits with locations within Fayetteville. THIS ORDINANCE WAS LEFT ON THE SECOND READING. 5. Amend Chapter 97 Parks and Recreation: An ordinance to amend Chapter 97 Parks and Recreation of the Code of Fayetteville to permit and regulate signs recognizing donor contributions. THIS ORDINANCE WAS LEFT ON THE SECOND READING. 6. Johnson Enhanced Water Service Contract: A resolution to approve a 15 year contract for enhanced water service between Fayetteville and Johnson. THIS ITEM WAS TABLED TO JULY 6, 2010 CITY COUNCIL MEETING 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 7. Johnson Sanitary Sewer Service Contract: A resolution to approve a 15 year contract for sanitary sewer service between Fayetteville and Johnson. THIS ITEM WAS TABLED TO JULY 6, 2010 CITY COUNCIL MEETING 8. Appeal of the Planning Commission's approval of ADM 10-3559 Weir Road Subdivision. THIS APPEAL WAS DENIED. Announcements: Adjournment: 8:35 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: June 15,2010 Adjourn: 35 P'M Subject: Roll Cook Petty Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan 9-o Subject: Nominating Committee Report Motion To: IQA CAI-0, Motion By: Seconded: Cook Petty Qp�OC ollec� Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan �-o City Council Meeting: June 15, 2010 Subject: Consent Motion To: Motion By: Coo Seconded: R Cook Petty ✓ Rhoads (j Ferrell Lucas Lewis 10 Gray r/ Thiel " Mayor Jordan g-a Subject: Motion To: Motion By: Seconded: Cook Petty Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan City Council Meeting: June 15,2010 Subject: Amend Chapter §163.14 Revocation or Change of Conditional Use Motion To: 3r Motion By: Seconded: B. 1 Cook ✓ Unfinished Petty ✓ '/ Business Rhoads ✓ Ferrell Lucas ✓ ^ Lewis ✓ Gray V �/ Thiel Mayor Jordan Subject: Motion To: Motion By: Seconded: Cook Petty Rhoads Ferrell Lucas Lewis Gray Thiel Mayor Jordan City Council Meeting: June 15, 2010 Subject: Home Depot Foundation/SCI Pilot Cities Grant Motion To: Motion By: TLJ Seconded: s S CA Cook � New Petty Business Rhoads Ferrell f Lucas Lewis e/ 10 Gray 1 Thiel ✓ Mayor Jordan 2-D Subject: Highway 16 Improvements Project Motion To: J Motion By: Seconded: C. 2 Cook New Petty Business Rhoads ✓ Ferrell Lucas Lewis ✓ l I ' Gray t� Thiel Mayor Jordan $ -0 City Council Meeting: June 15,2010 Subject: RZN 10-3566 (932 Garland) Motion To: Motion By: An o �l Seconded: C. 3 Cook New Petty Business Rhoads Ferrell Lucas ✓/ ` v 5 Lewis ✓ g Gray Thiel Mayor Jordan Subject: ADM 09-3273 (Business Registry and License Program Motion To: Motion By: Seconded: 1 C. 4 Cook �% New Petty Business Rhoads n Ferrell Lucas pt(' ' "' Lewis �ort� Gray ® es Thiel Mayor Jordan City Council Meeting: June 15, 2010 Subject: Amend Chapter 97 Parks and Recreation Motion To: nd Motion By: Seconded: C. 5 Cook � New Petty M Business Rhoads ye Ferrell L41; 1ucas 4� Al LewiAl s ?, Gray 1� NO, :z Thiel F� , �r Mayor Jordan Subject: Johnson Enhanced Water Service Contract Motion To: -e. +0 (v -2010 Motion By: 1 tzi Seconded: C. 6 Cook New Petty Business Rhoads Ferrell 'V Lucas Lewis Gray °. Thiel Mayor Jordan g� City Council Meeting: June 15,2010 Subject: Johnson Sanitary Sewer Service Contract Motion To: ACID Motion By: As Seconded: C 7 Cook New Petty V� Business Rhoads Ferrell Lucas Lewis 1 Gray ® Thiel Mayor Jordan g D Subject: Appeal of the Planning Com mission's approval of ADM 10-3559 Weir Road Subdivision Motion To: 7 Motion By: D i Seconded: C C. 8 Cook A New Petty V-*" Business Rhoads Al /1 nptj Ferrell w&4 Lucas Lewis t,r' Gray Thiel N Mayor Jordan 3"J �.ccY ✓ t( u FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attomeyl k.._, DATE: June 16, 2009 2v l p K� RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 15, 2010 1. Bid #10-36 Dynamic Lighting Solutions: A resolution awarding Bid #10-36 and approving the purchase of thirty-two LED light fixtures and poles in the amount of $60,935.28 from Dynamic Lighting Solutions for installation as part of the Block Street Improvement Project. 2. Bid #10-39 Chevrolet of Fayetteville: A resolution awarding Bid #10-39 and approving the purchase of one 2011 Chevrolet Tahoe K-( Unit form Chevrolet of Fayetteville in the amount of$26,997.00 for use by the Fayetteville police Department. 3. Bid #10-40 Dynamic Lighting Solutions: A resolution awarding Bid #10-40 and approving the purchase of thirty-three LED light fixtures and poles in the amount of $60,351.89 from Dynamic Lighting Solutions for installation on Scull Creek Trail between North Street and Maple Avenue. 4. Vermeer Corporation: A resolution authorizing the purchase of one 521 Wildcat Trommel Screener from Vermeer Corporation through an NJPA Bid in the amount of$195,693.65 for use by the Solid Waste Divisions, and approving a budget adjustment. 5. 2009 Edward Byrne Memorial Justice Assistance Grant: A resolution authorizing acceptance of a 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of $30,000.00 for drug enforcement equipment and supplies for the Fayetteville Police Department and approving a budget adjustment recognizing the grant revenue. 6. Garver, LLC Amendment No. 2: A resolution approving Amendment No. 2 to the contract with Garver, LLC in the amount of$196,350.00 for additional design and construction phase services for the Cato Springs Road Improvement Project. 7. Fayetteville Expressway Economic Development Corridor Project: A resolution expressing the willingness of the City of Fayetteville to utilize federal-aid funds for expansion of Van Asche Drive from Garland Avenue to Gregg Avenue. S. Off Street Parking Development Appointment: A resolution to approve the appointment of four members of the Board of Improvement of the Downtown Off Street Parking Development District No. 1 of the City of Fayetteville. 9. Home Depot Foundation Grant: A resolution authorizing application and acceptance of a Home Deport Foundation/SCI Pilot Cities Grant in the amount of $500,000.00, with a city matching amount of $100,000.00 to complete an affordable housing project, develop a sustainability initiative, and perform an assessment of current sustainability efforts. 10. Highway 16 Improvements: A resolution amending Resolution 101-06 expressing the willingness of the City of Fayetteville to participate in partial funding of the proposed widening of Highway 16. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting June 15, 2010 A meeting of the Fayetteville City Council will be held on June 15, 2010 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: Presentations, Reports and Discussion Items: 1. Nominating Committee Report—Alderman Cook Agenda Additions: A. Consent: 1. Approval of the June 1, 2010 City Council meeting minutes. 2. Bid #10-36 Dynamic Lighting Solutions: A resolution awarding Bid #10-36 and approving the purchase of thirty-two (32) LED light fixtures and poles in the amount of $60,935.28 from Dynamic Lighting Solutions for installation as part of the Block Street Improvement Project. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #10-39 Chevrolet of Fayetteville: A resolution awarding Bid#10-39 and approving the purchase of one (1) 2011 Chevrolet Tahoe K-9 unit from Chevrolet of Fayetteville in the amount of$26,997.00 for use by the Fayetteville Police Department. 4. Bid #10-40 Dynamic Lighting Solutions: A resolution awarding Bid #10-40 and approving the purchase of thirty-three (33) LED light fixtures and poles in the amount of $60,351.89 from Dynamic Lighting Solutions for installation on Scull Creek Trail between North Street and Maple Avenue. 5. Vermeer Corporation: A resolution authorizing the purchase of one (1) 521 Wildcat Trommel Screener from Vermeer Corporation through an NJPA bid in the amount of $195,693.65 for use by the Solid Waste Division, and approving a budget adjustment. 6. 2009 Edward Byrne Memorial Justice Assistance Grant: A resolution authorizing acceptance of a 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of $30,000.00 for drug enforcement equipment and supplies for the Fayetteville Police Department, and approving a budget adjustment recognizing the grant revenue. 7. Garver, LLC Amendment No. 2: A resolution approving Amendment No. 2 to the contract with Garver, LLC in the amount of $196,350.00 for additional design and construction phase services for the Cato Springs Road Improvement Project. 8. Fayetteville Expressway Economic Development Corridor Project: A resolution expressing the willingness of the City of Fayetteville to utilize federal-aid funds for expansion of Van Asche Drive from Garland Avenue to Gregg Avenue. 9. Off Street Parking Development Appointment: A resolution to approve the appointment of four members of the Board of Improvement of the Downtown Off Street Parking Development District No. 1 of the City of Fayetteville. B. Unfinished Business: 1. Amend Chapter §163.14 Revocation or Change of Conditional Use: An ordinance amending §163.14 of the Unified Development Code to permit a periodic review of conditional use permits as described herein. This ordinance was left on the First Reading at the May 18, 2010 City Council meeting. This ordinance was left on the Second Reading at the June 1, 2010 City Council meeting. Left on the Second Reading. C. New Business: 1. Home Depot Foundation/SCI Pilot Cities Grant: A resolution authorizing application and acceptance of a Home Depot Foundation/SCI Pilot Cities Grant in the amount of $500,000.00 with a city matching amount of $100,000.00 to complete an affordable housing project, develop a sustainability initiative, and perform an assessment of current sustainability efforts. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Highway 16 Improvements Project: A resolution amending resolution 101-06 expressing the willingness of the City of Fayetteville to participate in partial funding of the proposed widening of Highway 16. 3. RZN 10-3566 (932 Garland): An ordinance rezoning that property described in rezoning petition RZN 10-3566, for approximately 0.84 acres, located at 932 Garland Avenue from R-PZD, Residential Planned Zoning District 06-2256 (932 Garland), to R- O, Residential Office and RMF-40, Residential Multi-family, 40 units per acre. 4. ADM 09-3273 (Business Registry and License Program: An ordinance to amend the Fayetteville code by enacting a chapter to create a business registry and to require annual business licenses for all businesses and non-profits with locations within Fayetteville. 5. Amend Chapter 97 Parks and Recreation: An ordinance to amend Chapter 97 Parks and Recreation of the Code of Fayetteville to permit and regulate signs recognizing donor contributions. 6. Johnson Enhanced Water Service Contract: A resolution to approve a 15 year contract for enhanced water service between Fayetteville and Johnson. 7. Johnson Sanitary Sewer Service Contract: A resolution to approve a 15 year contract for sanitary sewer service between Fayetteville and Johnson. 8. Appeal of the Planning Commission's approval of ADM 10-3559 Weir Road Subdivision. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City of Fayetteville Staff Review Form A.2 Bid#10-36 Dynamic City Council Agenda Items Page 9 1gof 6utions and Contracts, Leases or Agreements 6/15/2010 City Council Meeting Date Agenda Items Only John Coleman Sustainability Submitted By Division Department Action Required: Approve the purchase of 32 LED fixtures and 32 poles from Dynamic Lighting Solutions for Block Avenue project. $39,399.92(lights) $150,000 Energy Block Grant $21,535.36(poles) $ 525,860.00 Block Avenue Cost of this request Category/Project Budget Program Category/Project Name 2240.9240.5315.00(lights) $18,483.27(lights) Energy Block Grant 4470.9470.5210.00(Poles) $ 81,797.61 Block Avenue Account Number Funds Used to Date Program/Project Category Name 09011.0030(lights) $131,516.73(lights) Energy Block Grant 02053.001 (Poles) $ 444,062.39 Block Avenue Project Number Remaining Balance Fund Name Budgeted Item =X Budget Adjustment Attached 7=�LQ '7 � ,3 (o Previous Ordinance or Resolution# Departm nt Director Dafe ? Original Contract Date: ;�2 / J C�^ — /0 Original Contract Number: C' ney Date " J a- -3-2o-6 Finance and Internal Services Director Date Received in City Clerk's Office Chiel of Staff Date Received in Ali Mayor's Office �MafVorate Comments: Revised January 15,2009 A.2 Bid#10-36 Dynamic Lighting Solutions Page 2 of 6 e Tayve e i .le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 CORRESPONDENCE Telephone: (479) 575-8272 TO: Mayor Jordan and City Council FROM: John Coleman, Sustainability Director' Thru: Jeremy Pate, Development Services Director Don Marr, Chief of Staff DATE: May 28, 2010 SUBJECT: Block Avenue Lights Project Description Using funds from the Energy Efficiency and Conservation Block Grant (EECBG) as part of the American Recovery and Reinvestment Act (ARRA), the City is set to purchase 32 LED lights at a cost of $9,399.92 from Dynamic Lighting Solutions. Funds from the Block Avenue project will cover the $21,535.36 cost for the 32 poles. The lights and poles will be installed on Block Avenue. Background In September 2009, the City was awarded $724,900 for energy efficiency and renewable energy projects. As part of the grant application, the City committed $150,000 from the grant towards the installation of LED street, pedestrian, and trail lights as part of a gradual transition towards using this technology exclusively. The intent of the EECBG program is to push the market towards emerging technologies such as LEDs. As we have seen with LED traffic lights in Fayetteville, the Block Avenue LEDs are expected to last ten years or more, reduce energy consumption by greater than fifty percent, and reduce long-term maintenance requirements. A.2 Bid#10-36 Dynamic Lighting Solutions Page 3 of 6 RESOLUTION NO. A RESOLUTION AWARDING BID #10-36 AND APPROVING THE PURCHASE OF THIRTY-TWO (32) LED LIGHT FIXTURES AND POLES IN THE AMOUNT OF $60,935.28 FROM DYNAMIC LIGHTING SOLUTIONS FOR INSTALLATION AS PART OF THE BLOCK STREET IMPROVEMENT PROJECT 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 awards Bid #10-36 and approves the purchase of thirty-two (32) LED light fixtures and poles in the amount of $60,935.28 from Dynamic Lighting Solutions for installation as part of the Block Street Improvement Project. PASSED and APPROVED this 15th day of June,2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer A.2 Requisition o.: Date: City Of Fayetteville - Purchase Order(PO) Request Lighting Solutions (Not a Purchase Order) P.0 Number: xpe e Delivery Date: P-Cards shall be used when possible. If a vendor does not accept P•Card,please note at the bottom (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail.Purchasing@cLfayetteville.ar us Vendor#: Vendor Name: Mail NEW DYNAMIC LIGHTING SOLUTIONS Yes:_ No: BLOCK AVENUE LIGHTS Address: Fob Point: Taxable Quotes Attached 5220 SHANK ROAD Yes: x No: Yes:_ No: City: State: Zip Code: Ship to code: Divison Head Approval: PEARLAND TX 77581 1 217 Requester: Requester's Employee M Extension: JOHN COLEMAN 2974 272 Item Description Quantic Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject# Inventory# Fixed Asset# 1 Lights for Block Ave. 32 each 1,127.00 $36,064.00 2240.9240.5315.00 09011.0030 2 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 * Special Instructions: Per Bid 10-36,Block Ave.LED Lighting Equipment Subtotal: $36,064.00 Tax: $3,335.92 Total: $39,399.92 Approvals: Mayor: Department Director: Purchasing Manager: Finance&Internal Services Director: Budget Manager: Chief Of Staff: Dispatch Manager: Utilities Manager: Other: Revised 07.06.09 A.2 Bid#10-36 Dynamic Requisition o.: Date: Lighting Solutions City Of Fayetteville - Purchase Order (PO) Request Page 5 of 6 (Not a Purchase Order) P.0 Number: 7xpecteclrvery Date: P-Cards shall be used when possible. If a vendor does not accept P-Card,please nate at the bottom (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail.,Purchasing&LI'ayetteville.anus Vendor#: Vendor Name: Mail NEW DYNAMIC LIGHTING SOLUTIONS Yes:_ No: BLOCK AVENUE POLES Address: Fob Point: Taxable Quotes Attached 5220 SHANK ROAD Yes: x No: Yes:— No: City: State: Zip Code: Ship to code: Divison Head Approval: PEARLAND TX 77581 217 Requester: Requester's Employee#: Extension: JOHN COLEMAN 2974 272 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject# Inventory# Fixed Asset# 1 POLES for street lights on 32 each 616.00 $19,712.00 4470.9470.5210.00 02053.1001 Block Ave. 2 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Per Bid 10-36,Block Ave.LED Lighting Equipment;POLES for street lights Subtotal: $19,712.00 Tax: $1,823.36 Total: $21,535.36 Approvals: Mayor: Department Director: Purchasing Manager: Finance&Internal Services Director: Budget Manager: Chief Of Staff: Dispatch Manager: Utilities Manager: Other: A.2 Bid#10-36 Dynamic City of Fayetteville Staff Review Form A.lighting Solutions Bi e355rr6mier Council Agenda Items Lighting Group Cit . y g Page 1 of 16 and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only John Coleman / Sustainability Submitted By Division Department Action Required: � Approve the purch a of 32 LED fixtures and 32 poles from Premier Lighting, Inc.for Block Avenue project. r $36,064(lights) d $150,000 ,/ Energy Block Grant $19,712 poles) ASZS,`rb�• Block Avenue Cost of this request Category/Proje Budget Program Category/Project Name 2240.9240.5315.00(lights) cY, $1 ,483.27(lights) Energy Block Grant 4470.9470. .0 Poles) $ A - Block Avenue Account Number Funds sed to Date Program/Project Category Name 09011.0030(lights) $131 16.73(lights) ` Energy Block Grant 02053.001 (Poles) $ C� Cto2 •39 S Block Avenue - Project Number emaining Balance Fund Name Budgeted Its �X BudAdjustment Attached J5 Z$ o Previous Ordinance or Resolution# Depanm t Director Dat Original Contract Date: (O Original Contract Number: City Aftionney VDate 5•Z8- to EtFTr�,ry Finance and Internal Services irector Date Received in City L Clerk's Office 5r Zg110 F�,jM1'kC , hi of Sto Date \ - / Received in �y •/ \ Mayor's Office Mayor / a e D Comments: Revised January 15,2009 City of Fayetteville Staff Review Form A.4 Bid#10-40 Dynamic City Council Agenda Items Lighting Solutions and Page 1 of 6 Contracts, Leases or Agreements 6/15/2010 City Council Meeting Date Agenda Items Only John Coleman Sustainability Submitted By Division Department Action Required: Approve purchase of 33 LED light fixtures and poles from Dynamic Lighting Solutions on Scull Creek Trail to be installed on the section from North Street to Maple Avenue $46,363.52(lights) - $150,000(lights) Energy Block Grant $13,988.37(poles) $ 1,248,847.00 Trails Cost of this request Category/Project Budget Program Category/Project Name - 2240.9240.5315.00(lights) $18,483.27(lights) Energy Block Grant 4520.9550.5814.05(poles) $ 130,894.00 Trails Account Number Funds Used to Date Program/Project Category Name 09011.0030(lights) $131,516.73(lights) Energy Block Grant 06036.1004(poles) $ 1,117,953.00 Trails Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached �J/(0 Previous Ordinance or Resolution# Depart ent Director Date Original Contract Date: Original Contract Number: City orney Date ~P6-A Sk �-3-2D 16 Finance and Internal Services Director Date Received in City Clerk's Office -3- o ie f Staff Date Received in CO Mayor's Office 6/9 iv orl5ate Comments: Revised January 15,2009 A.4 Bid#10-40 Dynamic Lighting Solutions Page 2 of 6 RESOLUTION NO. A RESOLUTION AWARDING BID #10-40 AND APPROVING THE PURCHASE OF THIRTY-THREE (33) LED LIGHT FIXTURES AND POLES IN THE AMOUNT OF $60,351.89 FROM DYNAMIC LIGHTING SOLUTIONS FOR INSTALLATION ON SCULL CREEK TRAIL BETWEEN NORTH STREET AND MAPLE AVENUE 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 awards Bid #10-40 and approves the purchase of thirty-three (33) LED light fixtures and poles in the amount of $60,351.89 from Dynamic Lighting Solutions for installation on Scull Creek Trail between North Street and Maple Avenue. PASSED and APPROVED this 15th day of June, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer A.4 Bid#10-40 Dynamic City Of Fayetteville - Purchase Order(PO) Request Requisition o.: Date: Lighting SolutionsPage 3 of 6 (Not a Purchase order) V.0 Number: Ex—pectea Delivery ate: P-Cards shall be used when possible. If a vendor does not accept P-Card,please note at the bottom (Call x256 with questions) All PO Request shall be scanned to the Purchasing a-mail:Purchasing@ci.fayetteville.ar.us Vendor#: Vendor Name: Mail NEW DYNAMIC LIGHTING SOLUTIONS Yes:_ No: SCULL CREEK LIGHTS Address: Fob Point: Taxable Quotes Attached 5220 SHANK ROAD Yes: x No: Yes:_ No: City: State: Zip Code: Ship to code: Divison Head Approval: PEARLAND TX 77581 217 Requester: Requester's Employee M Extension: JOHN COLEMAN 2974 272 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro ect/Sub ro ect# Inventory# Fixed Asset# 1 LIGHTS FOR SCULL CREEK 33 each 1,286.00 $42,438.00 2240.9240.5315.00 09011.0030 TRAIL 2 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $6.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Per Bid 10-40,Trail Lighting Equipment Re-Bid-LIGHTS only-Poles on separate PO Subtotal: $42,438.00 Tax: $3,925.52 Total: $46,363.52 Approvals: Mayor: Department Director: Purchasing Manager: Finance&Internal Services Director: Budget Manager: Chief Of Staff: Dispatch Manager: Utilities Manager: Other: A.4 Bid#10-40 Dynamic Requisition o.: Date: Lighting Solutions City Of Fayetteville - Purchase Order(PO) Request Page 4 of 6 (Not a Purchase Order) P.0 Number: 7:7pecTea Delivery Date: P-Cards shall be used when possible. If a vendor does not accept P-Card,please note at the bottom (Call x256 with questions) Ali PO Request shall he scanned to the Purchasing e-mail.,Purchasing@ci.fayetteville.ar.us Vendor#: Vendor Name: Mail NEW DYNAMIC LIGHTING SOLUTIONS Yes:_ No: SCULL CREEK POLES Address: Fob Point: Taxable Quotes Attached 5220 SHANK ROAD Yes: x No: Yes:_ No: City: Slate: Zip Code: Ship to code: Divison Head Approval: PEARLAND TX 77581 217 Requester: Requesters Employee#: Extension: JOHN COLEMAN 2974 272 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject# Inventory# Fixed Asset# 1 POLES FOR SCULL CREEK 33 each 388.00 $12,804.00 4520.9550.5814.05 06036.1004 TRAIL LIGHTS 2 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Per Bid 10-440,Trail Lighting Equipment Re-Bid-POLES only-LIGHTS on separate PO Subtotal: $12,804.00 Tax: $1,184.37 Total: $13,988.37 Approvals: Mayor: - Department Director: Purchasing Manager: Finance 8 Internal Services Director: Budget Manager: Chief Of Staff: Dispatch Manager: Utilities Manager: Other: A.4 Bid#10-40 Dynamic . City of Fayetteville Staff Review Form A.41-ighting Solutions BidMd(bg"mic City Council Agenda Items Lighting Solutions Page 1 of 16 and Contracts, Leases or Agreements 6/15/2010 '. City Council Meeting Date Agenda Items Only John Coleman Sustainability Submitted By Division Department Action Required: Approve purchase of 33 LED It ht fixtures and poles on Scull Creek Tr to be installed on the section from North Street to Maple Avenue $42,438(lights) $150,000(it ts) Energy Block Grant $12,804(poles)' _ $ 1,248,847.00 Trails Cost of this request C/Funs est Budget Program Category/Project Name 2240.9240.5315.00(lights) (lights) Energy Block Grant 4520.9550.5814.05(poles) 130,894,00 Trails Account Number to Date Program/Project Category Name 09011.0030(lights) (lights) Energy Block Grant 06036.1004(poles) $ 1,117,953.00 Trails Project Number Remaining Balance- Fund Name Budgeted Item Bud at A 'ustment Attached LPrevious Ordinance or Resolution# De a hector ate Original Contract Date: 5 28—r0 Original Contract Number. C' orney Date , S'28-26 to Finance and Internal Services Dir ctor Date R ived in City ENTERED ,,/ Cl rk's Office ! UUU Chie of S if Date \ ERFA Receivea\in �D Mayor's Office GfiC %i� M yor Date Comments: Revised January 15,2009 A.4 Bid#10-40 Dynamic Lighting Solutions Page 6 of 6 B. 1 T-v /-�^1I-®-yTT ]'�T Deof terhange 4 1�{ 1 1 ♦L1 V ■1 ®AJ r Change of se THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPART'VIENT TO: Lioneld Jordan, Mayor City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorney C!"' r`� DATE: June 7, 2010 RE' Revoking Conditional Use Legal Concerns Can the granting of a conditional use create a vested property interest in the conditional use holder which cannot be changed or revoked by the Planning Commission without the City being forced to pay for the loss of the vested property right? I informed you at the May 181h City Council meeting in response to Mr. Unser s litigation threats that I believed the granting of a conditional use would probably not mature into a vested property right for which a city would have to pay if the conditional use was later revoked. I also told you that there was no Arkansas Supreme Court decision that I could find that directly answered that question. I do agree with Mr. Bob Estes (who represents neighbors who have complained about the Stiles' operation) that a conditional use is probably nota "vested property right" such that it would be constitutionally protected. The most recent Arkansas Supreme Court deciding whether a city would be liable for prohibiting a development project begun pursuant to a conditional approval is Potter v. City of Tontitown, 371 Ark. 200 (2007). The