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Home My WebLink About2014-11-06 - Agendas - Final City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 479-575-8323 TDD 479-521-1316 Final Agenda Thursday, November 6, 2014 5:30 PM City Hall Room 219 City Council: Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer,Jr. Ward 3 Rhonda Adams Ward 4 Alan Long Ward 4 Elected Officials: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Final Agenda November 6, 2014 Call to Order Roll Call Pledge of Allegiance Mayor's Announcements,Proclamations and Recognitions City Council Meeting Presentations,Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the October 21, 2014 City Council meeting minutes. APPROVED 2. A resolution to award Bid#14-55 and approve the purchase of four (4) Irrigation Reels from Keeling Company of North Little Rock, Arkansas in the amount of$144,000.00 plus applicable taxes for the City Biosolids Management Site. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-14 3. A resolution to award Bid#14-58 to Truck Centers of Arkansas and approve the purchase of one (1) Freightliner 114SD tri-axle dump truck in the amount of$127,620.00 for use by the Transportation Division, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-14 4. A resolution to award Bid #14-59 to Summit Truck Group of Lowell, Arkansas and approve the purchase of two (2) International 7300 dump trucks with Henderson belly plows in the total amount of$287,516.56 for use by the Transportation Division, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 191-14 5. A resolution to approve the purchase of one (1) Volvo MCT 125 Skid Steer Loader with Soil Conditioner from Hugg & Hall Equipment of Springdale, Arkansas pursuant to the Houston-Galveston Area Council contract in the amount of$65,634.00 and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 192-14 City of Fayetteville,Arkansas Page 2 Printed on 101912014 City Council Final Agenda November 6, 2014 6. A resolution to approve a budget adjustment recognizing Hazmat Services revenue received by the Fire Department through October 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 193-14 7. A resolution to exercise the five year option to renew the agreement with Waste Management of Arkansas, Inc. for Solid Waste Transfer and Disposal Services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 194-14 8. A resolution to approve and certify the participation of Pacific Vet Group—USA, Inc. in the Arkansas tax back program and to agree to authorize DF&A to refund city sales tax back to Pacific Vet Group—USA, Inc. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 195-14 B. Unfinished Business:None C. New Business: 1. An ordinance rezoning that property described in Rezoning Petition RZN 14-4848, for approximately 0.29 acres, located at 940 West Maple Street from P-1, Institutional, to RMF-40, Residential Multi Family, 40 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5717 2. An ordinance rezoning that property described in Rezoning Petition RZN 14-4850, for approximately 4.96 acres, located along the north side of Martin Luther King Boulevard between Government and Hill Avenues, from I-1, Heavy Commercial/Light Industrial, to C-2, Thoroughfare Commercial. THIS ORDINANCE WAS TABLED TO THE DECEMBER 2, 2014 CITY COUNCIL MEETING. 3. An ordinance approving VAC 14-4849 submitted by Bates and Associates for property located at the northwest corner of Zion Road and Waterside Court to vacate existing utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5718 4. An ordinance approving VAC 14-4853 submitted by city staff for property located at the intersection of James Street and Mount Comfort Road to vacate existing street right-of- way. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5719 City of Fayetteville,Arkansas Page 3 Printed on 101912014 City Council Final Agenda November 6, 2014 5. An ordinance to waive the requirements of formal competitive bidding and approve a cost-share agreement with Arkansas & Missouri Railroad for railroad crossing signal improvements at the Dickson Street crossing in an amount not to exceed$250,000.00 and to authorize Amendment No. 2 to the license and agreement with Arkansas & Missouri Railroad to facilitate the construction of the Tsa La Gi, Town Branch and Cato Springs trails across railroad property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5720 6. A resolution amending the Master Street Plan by removing the section of future collector street between Oakland Zion Road and Altus Drive, as described and depicted in the attached map. THIS RESOLUTION WAS TABLED TO THE NOVEMBER 18, 2014 CITY COUNCIL MEETING. D. City Council Agenda Session Presentations: 1. Economic Development Quarterly Report— Chung Tan E. City Council Tour: F. Announcements: G. Adjournment: 6:23 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items ofNew and Old Business. Please waitfor 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 briefand respectful. Each person is only allowed one turn at the microphonefor discussion ofan agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered ifit requires immediate City Council consideration and ifthe 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 City of Fayetteville,Arkansas Page 4 Printed on 101912014 City Council Final Agenda November 6, 2014 prior to the Consent Agenda. ConsentAgenda. 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. Odd 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 staffshall 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 ofpublic 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 oforder 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 www.fayetteville-ar.gov or in the office of the City Clerk, 113 W.Mountain, Fayetteville,Arkansas. City of Fayetteville,Arkansas Page 5 Printed on 101912014 City Council Meeting: November 6,2014 Adjourn: Subject: Roll Long Gray Marsh Je.wA4— Kinion ✓ aolwM Petty ✓ UJ44, Tennant ✓ �- —� Schoppmeyer ✓ Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: November 6,2014 Subject: Consent Motion To: Motion By: Seconded: G Long �irue�a Gray 1/ Marsh ✓ I6YG� Kinion •gyp Petty Tennant Schoppmeyer mA Adams ChM Mayor Jordan 7- Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: November 6,2014 Subject: None Motion To: Motion By: Seconded: B 1 Long Unfinished Gray Business Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: November 6,2014 Subject: RZN 14-4848 West Maple Street Motion To: nd 5fd IOWA Motion By: 'rs,4n I Seconded: M G y C. 1 Long ,/ ✓ ✓ New Gray ✓ e/ Business Marsh ✓ ✓ `� Kinion ✓ ✓ ✓ Petty ✓ ✓'' Tennant �✓ ✓ ✓ Schoppmeyer ✓ ✓' '� Adams Q Mayor Jordan -o -v Subject: RZN 14-4850 Hanna's Landing A peal Motion To: Tabs. -h `2� Motion By: Seconded: Cj C. 2 Long New Gray Business Marsh y- 0�� Kinion ✓ 6W Petty Tennant D Schoppmeyer ✓ 41 Adams �(ygewC RJA4nJ Mayor Jordan 7' City Council Meeting: November 6,2014 Subject: VAC 14-4849 Northwest Corner of Zion Rd and Waterside Court Motion To: and �Ca' 2 .3 ed A".I.- Motion By: e� Seconded: /S�tOvw� C.3 Long ✓ a✓ New Gray Business Marsh ✓'` Kinion Petty Tennant d✓ Schoppmeyer ✓ Adams Mayor Jordan Subject: VAC 14-4853 James Street and Mount Comfort Road Motion To: Motion By: n I Seconded: C. 4 Long ✓ ✓ r✓ New Gray ✓ ✓ Business Marsh ✓ ✓ ✓ Kinion w- 104""104"" Petty ✓ '� a✓ Tennant '® ✓ " Schoppmeyer AdamsS U A Mayor Jordan City Council Meeting: Nove._ ver 6,2014 Subject: Arkansas & Missouri Railroad Cost Share and Amendment No. 2 Motion To: A Motion By: M &44A, Seconded: C. 5 Long ✓ ✓' New Gray ✓ ✓ ✓ Business Marsh ✓ ✓ Kinion ✓ ✓ ✓ P0.44aPetty '� +g' ✓ Tennant ✓ `` "'ol Schoppmeyer ✓ ✓ ✓ Adams b . Mayor Jordan I ND Subject: Master Street Plan: Oakland Zion Road and Altus Drive Motion To: , j�a p 14 Motion By: Ulu Seconded: C.6 Long 441 v pk. New Gray Business Marsh t✓ ^ t 1 A Kinion -l-o Petty r/ Tennant 7 Schoppmeyer 1A� Adams Mayor Jordan 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 Attorney DATE: November 7,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of November 6,2014 1. A resolution to award Bid #14-55 and approve the purchase of four (4) irrigation reels from Keeling Company of North Little Rock, Arkansas in the amount of $144,000.00 plus applicable taxes for the city biosolids management site. 2. A resolution to award Bid#14-58 to Truck Centers of Arkansas and approve the purchase of one(1) Freightliner 114SD Tri-Axle Dump Truck in the amount of$127,620.00 for use by the Transportation Division, and to approve a budget adjustment. 3. A resolution to award Bid #14-59 to Summit Truck Group of Lowell, Arkansas and approve the purchase of two (2) International 7300 Dump Trucks with Henderson Belly Plows in the total amount of$287,516.56 for use by the Transportation Division, and to approve a budget adjustment. 4. A resolution to approve the purchase of one (1) Volvo MCT125 Skid Steer Loader with soil conditioner from Hugg & Hall Equipment of Springdale, Arkansas pursuant to the Houston- Galveston area council contract in the amount of $65,634.00, and to approve a budget adjustment. 5. A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department through October 2014. 6. A resolution to exercise the five year option to renew the agreement with Waste Management of Arkansas, Inc. for solid waste transfer and disposal services. 7. A resolution to approve and certify the participation of Pacific Vet Group - USA, Inc. in the Arkansas Tax Back Program and to agree to authorize DF&A to refund city sales tax back to Pacific Vet Group -USA, Inc. 8. An ordinance to waive the requirements of formal competitive bidding and approve a cost-share agreement with Arkansas & Missouri Railroad for railroad crossing signal improvements at the Dickson Street crossing in an amount not to exceed $250,000.00, and to authorize Amendment No. 2 to the license and agreement with Arkansas & Missouri railroad to facilitate the construction of the Tsa La Gi, Town Branch and Cato Springs trails across railroad property- 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD-479-521-1316 Meeting Agenda - Final Thursday, November 6, 2014 5:30 PM City Hall--Room 219 City Council Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 Rhonda Adams Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Agenda-Final November 6,2014 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: A. 1 2014-0313 Approval the the October 21, 2014 City Council Meeting Minutes A. 2 2014-0456 A RESOLUTION TO AWARD BID #14-55 AND APPROVE THE PURCHASE OF FOUR (4) IRRIGATION REELS FROM KEELING COMPANY OF NORTH LITTLE ROCK, ARKANSAS IN THE AMOUNT OF $144,000.00 PLUS APPLICABLE TAXES FOR THE CITY BIOSOLIDS MANAGEMENT SITE A. 3 2014-0441 A RESOLUTION TO AWARD BID #14-58 TO TRUCK CENTERS OF ARKANSAS AND APPROVE THE PURCHASE OF ONE (1) FREIGHTLINER 114SD TRI-AXLE DUMP TRUCK IN THE AMOUNT OF $127,620.00 FOR USE BY THE TRANSPORTATION DIVISION, AND TO APPROVE A BUDGET ADJUSTMENT A. 4 2014-0440 A RESOLUTION TO AWARD BID #14-59 TO SUMMIT TRUCK GROUP OF LOWELL, ARKANSAS AND APPROVE THE PURCHASE OF TWO (2) INTERNATIONAL 7300 DUMP TRUCKS WITH HENDERSON BELLY PLOWS IN THE TOTAL AMOUNT OF $287,516.56 FOR USE BY THE TRANSPORTATION DIVISION, AND TO APPROVE A BUDGET ADJUSTMENT A. 5 2014-0444 A RESOLUTION TO APPROVE THE PURCHASE OF ONE (1) VOLVO MCT125 SKID STEER LOADER WITH SOIL CONDITIONER FROM HUGG & HALL EQUIPMENT OF SPRINGDALE, ARKANSAS PURSUANT TO THE HOUSTON-GALVESTON AREA COUNCIL CONTRACT IN THE AMOUNT OF $65,634.00, AND TO APPROVE A BUDGET ADJUSTMENT A. 6 2014-0448 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED BY THE FIRE DEPARTMENT THROUGH OCTOBER 2014 City of Fayetteville,Arkansas Page 2 Printed on 1013012014 City Council Meeting Agenda-Final November 6,2014 A. 7 2014-0449 A RESOLUTION TO EXERCISE THE FIVE YEAR OPTION TO RENEW THE AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE TRANSFER AND DISPOSAL SERVICES A. 8 2014-0454 A RESOLUTION TO APPROVE AND CERTIFY THE PARTICIPATION OF PACIFIC VET GROUP - USA, INC. IN THE ARKANSAS TAX BACK PROGRAM AND TO AGREE TO AUTHORIZE DF&A TO REFUND CITY SALES TAX BACK TO PACIFIC VET GROUP - USA, INC. B. Unfinished Business: None C. New Business: C. 1 2014-0455 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4848, FOR APPROXIMATELY 0.29 ACRES, LOCATED AT 940 WEST MAPLE STREET FROM P-1, INSTITUTIONAL, TO RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE C. 2 2014-0447 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4850, FOR APPROXIMATELY 4.96 ACRES, LOCATED ALONG THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN GOVERNMENT AND HILL AVENUES, FROM 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO C-2, THOROUGHFARE COMMERCIAL C. 3 2014-0450 AN ORDINANCE APPROVING VAC 14-4849 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ZION ROAD AND WATERSIDE COURT TO VACATE EXISTING UTILITY EASEMENT C. 4 2014-0446 AN ORDINANCE APPROVING VAC 14-4853 SUBMITTED BY CITY STAFF FOR PROPERTY LOCATED AT THE INTERSECTION OF JAMES STREET AND MOUNT COMFORT ROAD TO VACATE EXISTING STREET RIGHT-OF-WAY City of Fayetteville,Arkansas Page 3 Printed on 1013012014 City Council Meeting Agenda-Final November 6,2014 C. 5 2014-0445 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST-SHARE AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD FOR RAILROAD CROSSING SIGNAL IMPROVEMENTS AT THE DICKSON STREET CROSSING IN AN AMOUNT NOT TO EXCEED $250,000.00, AND TO AUTHORIZE AMENDMENT NO. 2 TO THE LICENSE AND AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD TO FACILITATE THE CONSTRUCTION OF THE TSA LA GI, TOWN BRANCH AND CATO SPRINGS TRAILS ACROSS RAILROAD PROPERTY C. 6 2014-0451 A RESOLUTION AMENDING THE MASTER STREET PLAN BY REMOVING THE SECTION OF FUTURE COLLECTOR STREET BETWEEN OAKLAND ZION ROAD AND ALTUS DRIVE, AS DESCRIBED AND DEPICTED IN THE ATTACHED MAP. D. City Council Agenda Session Presentations: D. 1 2014-0457 Economic Development Quarterly Report- Chung Tan E. City Council Tour: F. Announcements: G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville,Arkansas Page 4 Printed on 1013012014 City Council Meeting Agenda-Final November 6,2014 All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant(city contractor, rezoning or development applicant, etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos,petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting.Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided,this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville,Arkansas Page 5 Printed on 1013012014 City Council Meeting Agenda-Final November 6,2014 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. City of Fayetteville,Arkansas Page 6 Printed on 1013012014 City of Fayetteville, Arkansas 113 West Mountain Street •h_,—. �' Fayetteville,AR 72701 _l 479-575-8323 TDD- "'II " 479-521-1316 Text File File Number: 2014-0446 Agenda Date: 11/6/2014 Version: 1 Status:Agenda Ready In Control: City Council File Type: Ordinance Agenda Number: C.4 AN ORDINANCE APPROVING VAC 14-4853 SUBMITTED BY CITY STAFF FOR PROPERTY LOCATED AT THE INTERSECTION OF JAMES STREET AND MOUNT COMFORT ROAD TO VACATE EXISTING STREET RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted street right-of-way is not required for corporate purposes; 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 hereby vacates and abandons the following portions of street right-of-way described in Exhibit `B" attached hereto and made a part thereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following condition of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. City of Fayetteville,Arkansas Pagel Printed on 10/30/2014 City of Fayetteville, Arkansas 113 West Mountain Street •h_,—. �' Fayetteville,AR 72701 _l 479-575-8323 TDD- "'II " 479-521-1316 Text File File Number: 2014-0451 Agenda Date: 11/6/2014 Version: 1 Status:Agenda Ready In Control: City Council File Type: Resolution Agenda Number: C. 6 A RESOLUTION AMENDING THE MASTER STREET PLAN BY REMOVING THE SECTION OF FUTURE COLLECTOR STREET BETWEEN OAKLAND ZION ROAD AND ALTUS DRIVE,AS DESCRIBED AND DEPICTED IN THE ATTACHED MAP. WHEREAS, the Parkerman Estates subdivision is extending a new local street into and through its site to provide eventual street connectivity between Oakland Zion Road and Altus Drive as presented and approved in PPL 14-4790 by the Planning Commission; and WHEREAS, the City Council finds that the extension of a new local street between Oakland Zion Road Altus Drive as indicated in the attached maps maintains the intent of the Master Street Plan for connectivity, while providing a street cross section that is more compatible with the rural residential context than a Collector street; and WHEREAS, the addition of a new local street as proposed is adequate for connectivity, traffic flow, and safety given the existing and anticipated low density of this area of unincorporated Washington County. 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 amends the Master Street Plan as indicated in Exhibit"A," attached hereto and made a part hereof. City of Fayetteville,Arkansas Page 1 Printed on 10/30/2014 City Council Meeting Minutes October 21,2014 Page 1 of 6 Alderman Adella Gray Alderman Justin Tennant Ward 1 Position L Ward 3 Position L 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 1 Ward 4 Position 1 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 City of Fayetteville Arkansas City Council Meeting October 21, 2014 A meeting of the Fayetteville City Council was held on October 21,2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: America in Bloom Award Presentation—Marilyn Heifner Marilyn Heifner stated America in Bloom promotes nationwide beautification through the use of flowers, plants and trees as well as environmental and lifestyle enhancements. She presented the Five Bloom Award and stated five is the highest number of blooms you can get in the program. She stated it is in recognition of the communities' floral displays. She presented the Best Youth Program Growing Food Award and stated that Fayetteville is the first award winner. She stated they competed in the population category against cities from 30,000 to 300,000 and brought home the outstanding trophy in that population category. She stated Fayetteville is nationally recognized in this program and other cities are looking up to Fayetteville. Mayor Jordan: That is fantastic. Thank you. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 21,2014 Page 2 of 6 City Media Services Division Recycle Something Campaign Public Service Announcement Emmy Awards—Fritz Gisler and Doug Bankston Fritz Gisler, Director of Media Services: Two years ago this City Council provided funding for the development and production of a promotional campaign designed to increase the participation in the city's recycling program. The Recycle Something Campaign was about helping people be aware of recycling. We needed to make the video messages of the highest quality to appropriately represent the commitment of the City of Fayetteville to recycling and its quality of life. To demonstrate how integral recycling is in our lives, we showed kids playing at recycling and the concept was born. We received a great deal of positive feedback and I believed it to be worthy of a wider recognition. We entered it for consideration by the National Academy of Television Arts and Sciences. An Emmy Award is the highest recognition that can be received by a professional in the television industry and just to be nominated is a huge honor. We entered Recycle Something, Imaginary Playground and received an Emmy nomination. We received an Emmy nomination for the spot in two different categories. Doug Bankston was nominated for excellence in editing. Doug and I both received nominations for production on the spot in the category of community of public service, PSA. Television production is a collaborative effort and it requires the work of many people to create outstanding content. Emmy awards are presented to individuals for outstanding accomplishment. For Imaginary Playground, I served as Executive Producer and Doug served as Producer for which we received nominations. We attended the Emmy Awards Gala in Kansas City, Missouri. I can still remember how it felt sitting there with Doug,hearing the nominees announced and the presenter opened the golden envelope and said, the Emmy goes to Recycle Something, Imaginary Playground, Fritz Gisler and Douglas Bankston. Mr. Mayor and City Council, I stand before you humbled and proud. We could not have done this without your support as representatives of the citizens of Fayetteville. The Recycle Something Campaign has won over eight national and international awards for excellence. Mayor Jordan: This is wonderful and what a great honor. Disabilities Awareness Month Proclamation Mayor Jordan read the Disabilities Awareness Month Proclamation. Annette Koonce,Citizen: Thank you Mayor and members of the City Council for your generous proclamation. We must continue to make this beautiful city more accessible for disabled individuals. Thank you to the City Council for working on various projects to help the disabled in the community. City Council Meeting Presentations, Reports and Discussion Items: Bi Monthlv Report on Public Transportation 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 21,2014 Page 3 of 6 Jeff Hatley, Ozark Regional Transit: We are growing and have added a few routes. System wide we have grown 3% in our fixed route ridership and our para transit routes we have grown 38% year to date. This is without adding one single van to our fleet. In Fayetteville the fixed route has grown by 1% in ridership and para transit has grown by 54% year to date. The route 620 is one of our new routes this year. It's the express route that connects West Fork to Lincoln through lot 56 in Fayetteville and we have experienced our 1000` rider on that route this month. Agenda Additions: None Consent: Approval of the September 16, 2014 and October 7, 2014 City Council meeting minutes. Approved Bid #14-51 All Traffic Solutions: A resolution to award Bid#14-51 and authorize the purchase of thirteen(13)portable speed display signs from All Traffic Solutions in the amount of$46,351.50 plus applicable taxes for use by the Police Department. Resolution 185-14 as recorded in the office of the City Clerk. Fire Department Bunker Gear: A resolution to approve a budget adjustment in the total amount of$8,132.00 to fund the payment of bunker gear purchases and vaccination expenses for the Fire Department. Resolution 186-14 as recorded in the office of the City Clerk. Environmental Protection Agency Grant: A resolution to authorize acceptance of an Environmental Protection Agency Grant in the amount of$142,500.00,to approve Task Order No. 1 with the Watershed Conservation Center in the amount of $164,524.00 for an inventory of riparian and streambank conditions in the City of Fayetteville, and to approve a budget adjustment. Resolution 187-14 as recorded in the office of the City Clerk. Alderman Marsh moved to approve the Consent Agenda as read. Alderman Gray seconded the motion. Upon roll call the consent agenda passed unanimously. Unfinished Business: None New Business: Bid #14-60 Brothers Construction, Inc.: A resolution to award Bid #14-60 and authorize a contract with Brothers Construction, Inc. in the amount of $1,256,345.00 for relocation and 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 21,2014 Page 4 of 6 improvement of water and sewer lines along Razorback Road and Maple Street, to approve a project contingency of ten percent(10%), and to approve a budget adjustment. Jim Beavers, CH2M Hill gave a brief description of the resolution. Alderman Kinion: This item has been through the Water, Sewer & Solid Waste Committee. Alderman Adams moved to approve the resolution. Alderman Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 188-14 as recorded in the office of the City Clerk. Beaver Watershed Alliance Cost-Share: An ordinance to waive the requirement of formal bidding and approve a cost-share contract with the Beaver Watershed Alliance in the amount of $58,562.00 to facilitate a water quality analysis of Beaver Lake. City Attorney Kit Williams read the ordinance. Billy Ammons, CH2M Hill gave a brief description of the ordinance. Alderman Long: The budget adjustment is about $1,400.00 different than what the ordinance says it is. City Attorney Kit Williams: The ordinance of$58,562.00 is accurate. It is actually a purchase order,not a budget adjustment in the packet. There is no budget adjustment being approved by this ordinance. Paul Becker, Finance Director: The staff review form is incorrect, but that doesn't have any standing. The actual contract is correct. Don Marr, Chief of Staff: This was originally a participation of multiple entities that are splitting the cost of this. It was originally projected to be $60,000.00 because of the number of individuals participating. We had an additional entity participate which is why it is slightly less than the original required amount. Alderman Kinion: This has gone through the Water, Sewer& Solid Waste Committee. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Long moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 21,2014 Page 5 of 6 City Attorney Kit Williams read the ordinance. Alderman Marsh: Thank you to the Beaver Watershed Alliance for all the great work you are doing in our community, in particular in Ward 1 where you have been helping with stream cleanups. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5716 as Recorded in the office of the City Clerk. Announcements: Alderman Gray: There will be a Ward 1 meeting on Thursday, October 23, 2014 at the Senior Center at 6:00 p.m. City Attorney Kit Williams: Tomorrow at 9:00 a.m. in Judge Mark Lindsay's courtroom, the case you all are defendants in, including Sondra, will be heard about the referendum petition. Unless you have been subpoenaed, nobody needs to attend. Sondra and I will be there. It will be primarily the opponents of the petition and the proponents of the petition arguing it out. The county and city are involved, but more on the periphery of this issue. Alderman Long: There will be a Ward 4 meeting on October 27, 2014 at 6:00 p.m. in Room 111 at City Hall. Don Marr, Chief of Staff: The early voting has started for citizens to be able to vote in our City Council elections as well as the state and federal elections. The early voting sites for Fayetteville residents are the County Clerk office, Quorum Court courtroom, and the Boys & Girls Club. Details ofthe hours and the days that these sites are open can be found at www.co.washington.ar.us and you will need to look at those because they are different by location. The rules are when a City Council meeting falls on an election date, which is Tuesday, November 4, 2014, that meeting is changed to November 6, 2014 which is a Thursday. November 11, 2014 is the Veteran's Day holiday and the City of Fayetteville is closed. Agenda Session will be on Thursday, November 13, 2014. Our final ward bulky waste cleanup is on Saturday, November 1, 2014. The sites are Woodland Jr. High School and the Recycling & Trash Collection Facility. Fayetteville was recognized for the 6"' consecutive year as a volunteer community of the year in the State of Arkansas. Adjournment: 6:04 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting Minutes October 21,2014 Page 6 of 6 City Council Agenda Session Presentations: Water Quality Minerals Permitting & Beaver Lake Update—by Billy Ammons & Steven Miller CH2M Hill City Council Tour: None Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov November 06,2014 Tentative Agenda Page 1 of 249 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD-479-521-1316 Meeting Agenda - Tentative Agenda Thursday, November 6, 2014 5:30 PM City Hall--Room 219 City Council Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 Rhonda Adams Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith November 06,2014 Tentative Agenda Page 2 of 249 City Council Meeting Agenda-Tentative November 6,2014 Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: A. 1 2014-0313 Approval the the October 21, 2014 City Council Meeting Minutes A. 2 2014-0456 A RESOLUTION TO AWARD BID #14-55 AND APPROVE THE PURCHASE OF FOUR (4) IRRIGATION REELS FROM KEELING COMPANY OF NORTH LITTLE ROCK, ARKANSAS IN THE AMOUNT OF $144,000.00 PLUS APPLICABLE TAXES FOR THE CITY BIOSOLIDS MANAGEMENT SITE A. 3 2014-0441 A RESOLUTION TO AWARD BID #14-58 TO TRUCK CENTERS OF ARKANSAS AND APPROVE THE PURCHASE OF ONE (1) FREIGHTLINER 114SD TRI-AXLE DUMP TRUCK IN THE AMOUNT OF $127,620.00 FOR USE BY THE TRANSPORTATION DIVISION, AND TO APPROVE A BUDGET ADJUSTMENT A. 4 2014-0440 A RESOLUTION TO AWARD BID #14-59 TO SUMMIT TRUCK GROUP OF LOWELL, ARKANSAS AND APPROVE THE PURCHASE OF TWO (2) INTERNATIONAL 7300 DUMP TRUCKS WITH HENDERSON BELLY PLOWS IN THE TOTAL AMOUNT OF $287,516.56 FOR USE BY THE TRANSPORTATION DIVISION, AND TO APPROVE A BUDGET ADJUSTMENT A. 5 2014-0444 A RESOLUTION TO APPROVE THE PURCHASE OF ONE (1) VOLVO MCT125 SKID STEER LOADER WITH SOIL CONDITIONER FROM HUGG & HALL EQUIPMENT OF SPRINGDALE, ARKANSAS PURSUANT TO THE HOUSTON-GALVESTON AREA COUNCIL CONTRACT IN THE AMOUNT OF $65,634.00, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville,Arkansas Page 2 Printed on 1012312014 November 06,2014 Tentative Agenda Page 3 of 249 City Council Meeting Agenda-Tentative November 6,2014 Agenda A. 6 2014-0448 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED BY THE FIRE DEPARTMENT THROUGH OCTOBER 2014 A. 7 2014-0449 A RESOLUTION TO EXERCISE THE FIVE YEAR OPTION TO RENEW THE AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE TRANSFER AND DISPOSAL SERVICES A. 8 2014-0454 A RESOLUTION TO APPROVE AND CERTIFY THE PARTICIPATION OF PACIFIC VET GROUP - USA, INC. IN THE ARKANSAS TAX BACK PROGRAM AND TO AGREE TO AUTHORIZE DF&A TO REFUND CITY SALES TAX BACK TO PACIFIC VET GROUP - USA, INC. B. Unfinished Business: None C. New Business: C. 1 2014-0455 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4848, FOR APPROXIMATELY 0.29 ACRES, LOCATED AT 940 WEST MAPLE STREET FROM P-1, INSTITUTIONAL, TO RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE C. 2 2014-0447 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4850, FOR APPROXIMATELY 4.96 ACRES, LOCATED ALONG THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN GOVERNMENT AND HILL AVENUES, FROM 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO C-2, THOROUGHFARE COMMERCIAL C. 3 2014-0450 AN ORDINANCE APPROVING VAC 14-4849 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ZION ROAD AND WATERSIDE COURT TO VACATE EXISTING UTILITY EASEMENT C. 4 2014-0446 AN ORDINANCE APPROVING VAC 14-4853 SUBMITTED BY CITY STAFF FOR PROPERTY LOCATED AT THE INTERSECTION OF JAMES STREET AND MOUNT COMFORT ROAD TO VACATE EXISTING STREET RIGHT-OF-WAY City of Fayetteville,Arkansas Page 3 Printed on 1012312014