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HomeMy WebLinkAbout2013-04-16 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting April 16, 2013 A meeting of the Fayetteville City Council will be held on April 16, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: 1. Arkansas Individual Volunteer of the Year Award—Connie Edmonston Parks and Recreation Director 2. Group Volunteer of the Year Award—Connie Edmonston Parks and Recreation Director City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report — Advertising and Promotion Commission appointment-APPROVED Agenda Additions: 1. Rodgers Drive Repair: An ordinance waiving the requirements of formal competitive bidding and authorizing the Mayor to sign a contract with a contractor providing the lowest price quote for repair to a slope failure on Rodgers Drive, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5578 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Fayetteville District Judge Rudy Moore Courtroom: A resolution to thank Fayetteville District Judge Rudy Moore for his long and distinguished service to our city and our citizens and to honor Judge Moore by naming the Fayetteville District Courtroom the Fayetteville District Judge Rudy Moore Courtroom. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 73-13 A. Consent: 1. Approval of the April 02, 2013 City Council meeting minutes. APPROVED 2. Bid #10-47 King Electrical Contractors: A resolution authorizing a contract with King Electrical Contractors in the amount of $44,000.00, pursuant to Bid #10-47 for the installation of electrical services for the computer server room at Fayetteville Executive Airport-Drake Field, and approving a project contingency of ten percent(10%). PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 74-13 3. Police Department Donation Revenue: A resolution approving a budget adjustment in the total amount of $2,100.00 representing donation revenue to the Police Department during the first quarter of 2013 in support of officer service awards and general recognition. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 75-13 4. Federal and State Law Enforcement Forfeiture Revenue: A resolution approving a budget adjustment in the amount of $31,783.00 representing federal and state law enforcement forfeiture revenue received through March 2013 and authorizing associated expenses. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 76-13 5. Fire Department Polaris Ranger Utility Vehicles: A resolution approving a budget adjustment in the total amount of$7,004.00 to fund Fleet Division purchases of accessory packages for two (2) Fire Department Polaris Ranger utility vehicles. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 77-13 6. Fayetteville Executive Airport-Drake Field FBO Lease Agreement: A resolution approving a fixed-based operations hangar lease agreement form at the current rental rate or as adjusted upward by the Airport Board for fixed-based operations hangar space rented at the Fayetteville Executive Airport-Drake Field. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 78-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 7. Airport Hay Field Lease Agreement: A resolution approving a two (2) year extension to the airport hay lease with Donnie Sams of West Fork, Arkansas to facilitate participation in a USDA Natural Resource Conservation Service Environmental Quality Incentive Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 79-13 8. Amend Resolution 54-13: A resolution amending Resolution No. 54-13 concerning the purchase of one (1) Chevrolet Tahoe,pursuant to a state procurement contract, for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 80-13 9. Amend Resolution 55-13: A resolution amending Resolution No. 55-13 concerning the purchase of one (1) Chevrolet Tahoe,pursuant to a state procurement contract, for use by the Solid Waste Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 81-13 10. Bid #12-38 MHC Kenworth of Springdale: A resolution authorizing the purchase of one (1) Kenworth T800 semi truck tractor pursuant to Bid #12-38 from MHC Kenworth of Springdale in the amount of$114,715.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 82-13 11. Williams Tractor of Fayetteville S590 Skid Steer Loader: A resolution authorizing the purchase of one (1) Bobcat 5590 skid steer loader from Williams Tractor of Fayetteville, pursuant to a National Joint Powers Alliance Cooperative purchasing contract in the amount of$37,505.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-13 12. Williams Tractor of Fayetteville T590 Skid Steer Track Loader: A resolution authorizing the purchase of one (1) Bobcat T590 skid steer loader from Williams Tractor of Fayetteville, pursuant to a National Joint Powers Alliance Cooperative purchasing contract in the amount of$47,226.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-13 13. Stribling Equipment of Springdale John Deere 750K Dozer: A resolution authorizing the purchase of one (1) 2013 John Deere 750K dozer from Stribling Equipment of Springdale, pursuant to a state procurement contract, in the amount of$230,750.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-13 14. Bid #13-15 Littlefield Oil Company: A resolution awarding Bid #13-15 and approving a contract with Littlefield Oil Company in an estimated annual amount of$1,764,000.00 to provide gasoline, diesel fuel and bio fuel for vehicles and equipment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 15. Baldwin & Shell Construction Company: A resolution authorizing a contract with Baldwin & Shell Construction Company in the amount of $40,000.00 for construction management services, approving a $10,000.00 contingency, and approving a contractor's fee of five and one-half percent (5.5%) for construction phased services all related to construction of the Dickson Street Entertainment District parking facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-13 B. Unfinished Business: 1. Amend §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market to transfer the current free use of the south parking spaces on Mountain Street to the control of the Rural Mountain Producers Exchange Board, to close Mountain Street to traffic, to permit sound amplification during Farmers' Market and to make other changes. This ordinance was left on the First Reading at the March 19, 2013 City Council meeting. This ordinance was left on the Second Reading at the April 2, 2013 City Council meeting and sent to the Ordinance Review Committee. THIS ITEM WAS LEFT ON THE THIRD READING AND TABLED TO THE MAY 7, 2013 CITY COUNCIL MEETING. 2. R-PZD 12-4284 (Park Hill at Mountain Ranch): An ordinance establishing a Residential Planned Zoning District titled R-PZD 12-4284, Park Hill at Mountain Ranch, located at the southwest corner of Persimmon Street and Mountain Ranch Boulevard; containing approximately 2.23 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the First Reading at the April 2, 2013 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING. C. Public Hearing: 1. Raze and Removal — 320 W. Skelton Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Celia Cazort Barton located at 320 W. Skelton Street in the City of Fayetteville, Arkansas, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-13 D. New Business: 1. Transportation Bond Program — New Project Recommendations: A resolution approving a list of additional projects to be funded by the City's Transportation Bond Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Protection of Buffalo National River: A resolution to oppose the permitting and operation of the concentrated hog farm along a major tributary to the Buffalo National River. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-13 3. Repeal Ordinance No. 5576 - CI= Aviation, Inc: An ordinance waiving the requirements of formal competitive bidding and approving a contract in the amount of $20,342.00 per month, plus upfront insurance costs, with Cl' Aviation, Inc. for the provision of Air Traffic Control Tower Services for Drake Field upon the date of tower closure by the FAA, should such occur; and to repeal Ordinance No. 5576 that approved this contract to begin April 8, 2013. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5579 E. City Council Agenda Session Presentations: 1. 'Recycling Economics Update" Presentation: A presentation by Honor students from the University of Arkansas Environmental Economics class. F. City Council Tour: 1. May 6, 2013 5:00 PM Woolsey Wet Prairie Wetlands G. Announcements: Adjournment: 7:58 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: Apr._ A6,2013 Adjourn: 7:SO Rom— Subject: Roll Marsh Kinion ✓ Petty f/ Tennant Schoppmeyer Adams c/ Long f" Gray V// Mayor Jordan ✓ Subject: Nominating Committee Report—A ertising and Promotion Commission A pointment Motion To: fj Motion By: Seconded: A Marsh f " Kinion Petty Tennant r Schoppmeyer ✓ Adams Long Gray r Mayor Jordan City Council Meeting: Api_, A6,2013 Subject: Consent Motion To: Motion By: Seconded: Adav-4.0 Marsh F/ M1N o Kinion ✓ Petty Tennant 41� Schoppmeyer Adams n l Long 1-1' Gray j;3 fl _ 13 Mayor Jordan Subject: GL Motion To: 9 AOl 3rd Motion By: r. Seconded: Marsh Kinion ✓ �/ ✓ petty ✓ ✓ ✓ �/ /lMJL1L4 Tennant 1/ ✓ ✓ Schoppmeyer Adams ✓ ✓ ✓ Long ✓ ✓ �/ F Gray 5 S Mayor Jordan City Council Meeting: Api— 16,2013 Subject: Motion To: " Motion By: Seconded: Marsh Mnion Petty ✓ ✓ Tennant ✓ Schoppmeyer ✓ ✓ Adams ✓ Long Gray 3, 1 Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: Api.. f6,2013 Subject: Amend 114.02 Farmers' Market Motion To: 4 ` —ak& lwvasaf 7 /3 • nom; w Motion By: P i rJ,'OT Seconded: B. 1 Marsh f ✓ Unfinished Kinion '✓ ✓ Business Petty ✓ ✓ Tennant ✓ ✓ �'0+1 4163vJ Schoppmeyer ✓ All' Adams ✓ ✓ T4U Io Long ✓ ✓ S171tGray ✓ `� 3 . Mayor Jordan Subject: R-PZD 12-4284 (Park Hill at Mountain Ranch) Motion To: Citi i?ca. Motion By: Seconded: eta B.2 Marsh Unfinished Minion Business Petty r Tennant , {y Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: Apr.. t6,2013 Subject: Raze and Removal—320 W. Skelton Street Motion To: Motion By: 44 Seconded: A4 C. 1 Marsh Public Kinion Hearing Petty Tennant Schoppmeyer ✓" Adams Long Gray �?J Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: Api- 16,2013 Subject: Transportation Bond Program—New Project Recommendations Motion To: Motion By: Seconded: D. 1 Marsh New Kinion ✓ Business Petty Tennant t-�, Schoppmeyer L✓ Adams ✓ Long ✓ Gray 13 Mayor Jordan Subject: Protection of Buffalo National River Motion To: Motion By: Seconded: D 2 Marsh New Kinion Business Petty �✓ Tennant Schoppmeyer Adams °✓ Long t/ Gray RO - o Mayor Jordan S� City Council Meeting: Apr.. 16,2013 Subject: Repeal Ordinance No. 5576 - CIz Aviation,Inc Motion To: f rd QRS J Motion By:. Seconded: D.3 Marsh ✓ ✓ ✓ New Kinion �/ ✓ ✓ Business Petty ✓ ✓ Tennant ✓ `✓ i/ Schoppmeyer ✓ ✓ Adams ✓ ✓ Long i/' ✓ ✓ Gray ✓ ✓ Mayor Jordan Y,o g -o Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan • ave -; a Departmental Correspondence Aa I MIR www.accessfayetteville.org DEPARTMENT Kit wlllian s City Anorney i Jason B.Kelley TO: SONDRA SMITH, CITY CLERK Assistant City Attorney FROM: JASON KELLEY,ASST. CITY ATTORNEY CC: KIT WILLIAMS,CITY ATTORNEY RE: ADOPTED ORDINANCES AND RESOLUTIONS FROM 4/16/13 CITY COUNCIL MEETING DRAFTED BY CITY ATTORNEY'S OFFICE DATE: APRIL 17,2013 The following ordinances and resolutions drafted by our office were adopted at the April 16,2013,meeting of the Fayetteville City Council: 1. Bid #1047 King Electrical Contractors: A resolution authorizing a contract with King Electrical Contractors in the amount of$44,000.00, pursuant to Bid #10-47 for the installation of electrical services for the computer server room at Fayetteville Executive Airport-Drake Field, and approving a project contingency of ten percent (10%). 2. Police Department Donation Revenue: A resolution approving a budget adjustment in the total amount of $2,100.00 representing donation revenue to the Police Department during the first quarter of 2013 in support of officer service awards and general recognition. i 3. Federal and State Law Enforcement Forfeiture Revenue: A resolution approving a budget adjustment in the amount of$31,783.00 representing federal and state law I enforcement forfeiture revenue received through March 2013 and authorizing associated expenses. 4. Fire Department Polaris Ranger Utility Vehicles: A resolution approving a budget adjustment in the total amount of $7,004.00 to fund Fleet Division purchases of accessory packages for two(2)Fire Department Polaris Ranger utility vehicles. 5. Fayetteville Executive Airport-Drake Field FBO Lease Agreement: A resolution j. approving a fixed-based operations hangar lease agreement form at the current rental rate or as adjusted upward by the Airport Board for fixed-based operations hangar space rented at the Fayetteville Executive Airport-Drake Field. 1 1. 6. Airport Hay Field Lease Agreement: A resolution approving a two (2) year extension to the airport hay lease with Donnie Sams of West Fork, Arkansas to facilitate participation in a USDA Natural Resource Conservation Service Environmental Quality Incentive Program. 7. Amend Resolution 54-13: A resolution amending Resolution No. 54-13 concerning the purchase of one(1)Chevrolet Tahoe,pursuant to a state procurement contract,for use by the Transportation Division. 8. Amend Resolution 55-13: A resolution amending Resolution No. 55-13 concerning the purchase of one(1)Chevrolet Tahoe,pursuant to a state procurement contract,for use by the Solid Waste Division. 9. Bid #12-38 MHC Kenworth of Springdale: A resolution authorizing the purchase of one (1) Kenworth T800 semi truck tractor pursuant to Bid #12-38 from MHC Kenworth of Springdale in the amount of $114,715.00, and approving 'a budget adjustment. 10.Williams Tractor of Fayetteville 5590 Skid Steer Loader: A resolution authorizing the purchase of one (1) Bobcat 5590 skid steer loader from Williams Tractor of Fayetteville, pursuant to a National Joint Powers Alliance Cooperative purchasing contract in the amount of$37,505.00. 11. Williams Tractor of Fayetteville T590 Skid Steer Track Loader: A resolution authorizing the purchase of one (1) Bobcat T590 skid steer loader from Williams Tractor of Fayetteville, pursuant to a National Joint Powers Alliance Cooperative purchasing contract in the amount of$47,226.00. 12.Stribling Equipment of Springdale John Deere 750K Dozer: A resolution authorizing the purchase of one (1) 2013 John Deere 750K dozer from Stribling Equipment of Springdale, pursuant to a state procurement contract, in the amount of i $230,750.00,and approving a budget adjustment. 13.Bid #13-15 Littlefield Oil Company: A resolution awarding Bid #13-15 and approving a contract with Littlefield Oil Company in an estimated annual amount of $1,764,000.00 to provide gasoline, diesel fuel and bio fuel for vehicles and equipment. 14.Baldwin & Shell Construction Company: A resolution authorizing a contract with Baldwin&Shell Construction Company in the amount of$40,000.00 for construction management services, approving a $10,000.00 contingency, and approving a contractor's fee of five and one-half percent (5.5%) for construction phased services all related to construction of the Dickson Street Entertainment District parking facility. i i 2 i 15.Raze and Removal—320 W. Skelton Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Celia Cazort Barton located at 320 W. Skelton Street in the City of Fayetteville,Arkansas,and approving a budget adjustment. 16.Transportation Bond Program — New Project Recommendations: A resolution approving a list of additional projects to be funded by the City's Transportation Bond Program. 17.Protection of Buffalo National River: A resolution to oppose the permitting and operation of the concentrated hog farm along a major tributary to the Buffalo National River. 18.Repeal Ordinance No. 5576 - CII Aviation, Inc: An ordinance waiving the requirements of formal competitive bidding and approving a contract in the amount of $20,342.00 per month, plus upfront insurance costs, with CP Aviation, Inc. for the provision of Air Traffic Control Tower Services for Drake Field upon the date of tower closure by the FAA, should such occur; and to repeal Ordinance No. 5576 that approved this contract to begin April 8,2013. 19.Rodgers Road Contractor Bid Waiver- An ordinance waiving the requirements of formal competitive bidding and authorizing the Mayor to sign a contract with the contractor that provides the lowest quote for repair of a slope failure on Rodgers Road,and approving a budget adjustment. 20.Honoring Judge Rudy Moore- A resolution to thank Fayetteville District Judge Rudy Moore for his long and distinguished service to our City and our citizens and to honor Judge Moore by naming the Fayetteville District Courtroom the Fayetteville District Judge Rudy Moore Courtroom 3 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting April 16, 2013 A meeting of the Fayetteville City Council will be held on April 16, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: 1. Arkansas Individual Volunteer of the Year Award—Connie Edmonston Parks and Recreation Director 2. Group Volunteer of the Year Award—Connie Edmonston Parks and Recreation Director City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report — Advertising and Promotion Commission appointment Agenda Additions: A. Consent: 1. Approval of the April 02, 2013 City Council meeting minutes. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Bid #10-47 King Electrical Contractors: A resolution authorizing a contract with King Electrical Contractors in the amount of $44,000.00, pursuant to Bid #10-47 for the installation of electrical services for the computer server room at Fayetteville Executive Airport-Drake Field, and approving a project contingency of ten percent(10%). 3. Police Department Donation Revenue: A resolution approving a budget adjustment in the total amount of $2,100.00 representing donation revenue to the Police Department during the first quarter of 2013 in support of officer service awards and general recognition. 4. Federal and State Law Enforcement Forfeiture Revenue: A resolution approving a budget adjustment in the amount of $31,783.00 representing federal and state law enforcement forfeiture revenue received through March 2013 and authorizing associated expenses. 5. Fire Department Polaris Ranger Utility Vehicles: A resolution approving a budget adjustment in the total amount of$7,004.00 to fund Fleet Division purchases of accessory packages for two (2) Fire Department Polaris Ranger utility vehicles. 6. Fayetteville Executive Airport-Drake Field FBO Lease Agreement: A resolution approving a fixed-based operations hangar lease agreement form at the current rental rate or as adjusted upward by the Airport Board for fixed-based operations hangar space rented at the Fayetteville Executive Airport-Drake Field. 7. Airport Hay Field Lease Agreement: A resolution approving a two (2) year extension to the airport hay lease with Donnie Sams of West Fork, Arkansas to facilitate participation in a USDA Natural Resource Conservation Service Environmental Quality Incentive Program. 8. Amend Resolution 54-13: A resolution amending Resolution No. 54-13 concerning the purchase of one (1) Chevrolet Tahoe, pursuant to a state procurement contract, for use by the Transportation Division. 9. Amend Resolution 55-13: A resolution amending Resolution No. 55-13 concerning the purchase of one (1) Chevrolet Tahoe, pursuant to a state procurement contract, for use by the Solid Waste Division. 10. Bid #12-38 MHC Kenworth of Springdale: A resolution authorizing the purchase of one (1) Kenworth T800 semi truck tractor pursuant to Bid #12-38 from MHC Kenworth of Springdale in the amount of$114,715.00, and approving a budget adjustment. 11. Williams Tractor of Fayetteville 5590 Skid Steer Loader: A resolution authorizing the purchase of one (1) Bobcat S590 skid steer loader from Williams Tractor of Fayetteville, pursuant to a National Joint Powers Alliance Cooperative purchasing contract in the amount of$37,505.00. 12. Williams Tractor of Fayetteville T590 Skid Steer Track Loader: A resolution authorizing the purchase of one (1) Bobcat T590 skid steer loader from Williams Tractor of Fayetteville, pursuant to a National Joint Powers Alliance Cooperative purchasing contract in the amount of$47,226.00. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 13. Stribling Equipment of Springdale John Deere 750K Dozer: A resolution authorizing the purchase of one (1) 2013 John Deere 750K dozer from Stribling Equipment of Springdale, pursuant to a state procurement contract, in the amount of$230,750.00, and approving a budget adjustment. 14. Bid #13-15 Littlefield Oil Company: A resolution awarding Bid #13-15 and approving a contract with Littlefield Oil Company in an estimated annual amount of$1,764,000.00 to provide gasoline, diesel fuel and bio fuel for vehicles and equipment. 15. Baldwin & Shell Construction Company: A resolution authorizing a contract with Baldwin & Shell Construction Company in the amount of $40,000.00 for construction management services, approving a $10,000.00 contingency, and approving a contractor's fee of five and one-half percent (5.5%) for construction phased services all related to construction of the Dickson Street Entertainment District parking facility. B. Unfinished Business: 1. Amend §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market to transfer the current free use of the south parking spaces on Mountain Street to the control of the Rural Mountain Producers Exchange Board, to close Mountain Street to traffic, to permit sound amplification during Farmers' Market and to make other changes. This ordinance was left on the First Reading at the March 19, 2013 City Council meeting. This ordinance was left on the Second Reading at the April 2, 2013 City Council meeting and sent to the Ordinance Review Committee. Left on the Second Reading 2. R-PZD 12-4284 (Park Hill at Mountain Ranch): An ordinance establishing a Residential Planned Zoning District titled R-PZD 12-4284, Park Hill at Mountain Ranch, located at the southwest corner of Persimmon Street and Mountain Ranch Boulevard; containing approximately 2.23 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the First Reading at the April 2, 2013 City Council meeting. Left on the First Reading C. Public Hearing: 1. Raze and Removal — 320 W. Skelton Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Celia Cazort Barton located at 320 W. Skelton Street in the City of Fayetteville, Arkansas, and approving a budget adjustment. D. New Business: 1. Transportation Bond Program — New Project Recommendations: A resolution approving a list of additional projects to be funded by the City's Transportation Bond Program. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Protection of Buffalo National River: A resolution to oppose the permitting and operation of the concentrated hog farm along a major tributary to the Buffalo National River. 3. Repeal Ordinance No. 5576 - CIz Aviation, Inc: An ordinance waiving the requirements of formal competitive bidding and approving a contract in the amount of $20,342.00 per month, plus upfront insurance costs, with C12 Aviation, Inc. for the provision of Air Traffic Control Tower Services for Drake Field upon the date of tower closure by the FAA, should such occur; and to repeal Ordinance No. 5576 that approved this contract to begin April 8, 2013. E. City Council Agenda Session Presentations: 1. 'Recycling Economics Update" Presentation: A presentation by Honor students from the University of Arkansas Environmental Economics class. F. City Council Tour: 1. May 6, 2013 5:00 PM Woolsey Wet Prairie Wetlands G. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Nominating Committee Report Advertising and Promotion Commission Page 1 of 2 Nominating Committee Report Meeting: Wednesday,April 3,2013 City Hall,Room 326,5:00 p.m. Members Present—Adella Gray,Justin Tennant,Rhonda Adams,and Mark Kinion ADVERTISING AND PROMOTION COMMISSION The Advertising and Promotion Commissioners recommend the following appointments to the Advertising and Promotion Commission with the approval of the City Council. • Bobby Ferrell-One Public-at-Large Term Ending 03/31/17 • Hannah Withers-One Tourism Industry Tenn Ending 03/31/17 Nominating Committee Report Advertising and Promotion Commission Page 2 of 2 �C • Fayetteville A&P Commission [CJS 1 PO Box 4157 Fayetteville,Arkansas 72702 A R K A N S A S April 9, 2013 TO: Mayor Lioneld Jordan Fayetteville City Council Don Marr, Chief of Staff FROM: Marilyn Heifner Executive Director, Fayetteville Advertising and Promotion Commission RE: Vacancies on Fayetteville Advertising and Promotion Commission for terms expiring April 1, 2016. The Fayetteville Advertising and Promotion Commission at their March 8, 2013, regular meeting voted to appoint Hannah Withers to fill a tourism industry position on the A& P Commission. Ms. Withers is a resident of Fayetteville and a registered voter. Also, the Commission voted to appoint Bobby Ferrell to fill the At Large position. Mr. Ferrell is a resident of Fayetteville and a registered voter. The Commission asks for the approval of the Fayetteville City Council per state statute as follows: 26-75-605 (b)(2)Advertising and Promotion Commissions Vacancies on the commission,whether resulting from expiration of a regular term or otherwise, in any of the four(4)tourism industry positions provided for in subdivision(a)(1)or in the at-large position provided for in subdivision(a)(3)shall be filled by appointment made by the remaining members of the commission,with the approval of the governing body of the city. Thank you. (added oto Repeal Ordinance No.5576-CI'Aviation, Inc y AGENDA REQUEST Page 1 of 20 FOR: COUNCIL MEETING OF April 16, 2013 FROM: Lioneld Jordan, Mayor Kit Williams, City Attorney ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $20,342.00 PER MONTH, PLUS UPFRONT INSURANCE COSTS, WITH Cl2 AVIATION INC. FOR THE PROVISION OF AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD UPON THE DATE OF TOWER CLOSURE BY THE FAA, SHOULD SUCH OCCUR; AND TO REPEAL ORDINANCE NO. 5576 THAT APPROVED THIS CONTRACT TO BEGIN APRIL 8, 2013 APPROVED FOR AGENDA: City Att rney Date t Mayor bate' D.3 Repeal Ordinance No.5576- Av on, Tavele-di le Departmental Correspondence Pag z of ARKANSAS L !!! Kit Williams MEMORANDUM City Attorney Jason B.Kelley TO: MAYOR AND CITY COUNCIL Assistant City Atforney FROM: JASON KELLEY, ASSISTANT CITY ATTORNEY CC: KIT WILLIAMS, CITY ATTORNEY DATE: APRIL 9, 2013 RE: STATUS OF FAA LITIGATION EFFORTS REGARDING AIRPORT TOWER As you are probably aware, the FAA delayed its contract air traffic control tower closure decision originally scheduled for April 7, 2013, until June 15, 2013, in an announcement by FAA Administrator Michael Huerta late Friday afternoon (April 5"') The Council authorized our office to take action to challenge the FAA's decision to close the Drake Field air traffic control tower, in concert with other airports nationwide. The Spokane Airport Board in the State of Washington filed a Petition to Review the FAA's agency decision in the United States Court of Appeals for the District of Columbia Circuit. Other airports filed identical petitions throughout the nation, including at least one in the Ninth Circuit (San Francisco) and one in the Second Circuit (New York City). Pursuant to certain federal statutes regarding multi jurisdictional cases, a random selection was made as to which venue would hear the challenges to the FAA action. All cases were then consolidated and transferred to the Ninth Circuit on the morning of Thursday, April 4`h The City's Motion to Intervene was in the final stages of preparation for filing when word came of the change of venue from the D.C. Circuit to the Ninth Circuit. I had originally submitted paperwork and admission fees to authorize me to file documents as an attorney in the D.C. Circuit, and the change required my filing for admission in the Ninth Circuit. Additionally, the Motion needed to be supplemented with Ninth Circuit precedent, in addition to the D.C. Circuit precedent I had previously relied upon in our legal argument. Despite these hurdles, I was able to file our Motion for Leave to Intervene on Thursday afternoon with the Ninth Circuit. Our Motion is still pending. As a side note, the D.C. Circuit offered to return admission fees filed in their court due to the circumstances. On Friday morning April 5`I', the City of Ormond Beach, Florida filed an Emergency Motion for a Stay of the FAA's decision with the Ninth Circuit requesting a hearing and ruling within a week. We anticipated this filing and were hopeful that this effort would lead to an extension of the deadline by FAA or would quickly permit D.3 Repeal Ordinance No.5576-CI'Aviation, Inc Page 3 of 20 affected airports to regain air traffic control towers pursuant to court order. Within about three hours of the filing of the Emergency Motion, FAA granted the extension of its own volition. A multitude of cities, counties and airport authorities across the nation have joined in the legal effort challenging the FAA's decision based primarily on the fact that the FAA is bound by its own regulations to perform a safety review before making a tower closure decision. The challengers allege that has not occurred. Between now and June 15` , continuing efforts will be made to find a more permanent solution to the airport tower situation brought on by federal budget sequestration. At this point, Fayetteville has taken the action it can take. We will continue to keep a close monitor on this case and, assuming our intervention is granted, we will continue to defend the interests of Fayetteville in the Ninth Circuit. D.3 Repeal Ordinance No.5576-CI'Aviation, Inc Page 4 of 20 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $20,342.00 PER MONTH, PLUS UPFRONT INSURANCE COSTS, WITH CIZ AVIATION INC. FOR THE PROVISION OF AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD UPON THE DATE OF TOWER CLOSURE BY THE FAA, SHOULD SUCH OCCUR; AND TO REPEAL ORDINANCE NO. 5576 THAT APPROVED THIS CONTRACT TO BEGIN APRIL 8, 2013 WHEREAS, federal budget sequestration cuts have led the Federal Aviation Administration(FAA) to announce the closure of control tower operations at Drake Field; and WHEREAS, continued air traffic control tower services are essential to assuring maximum safety for air traffic and passengers flying through Drake Field; and WHEREAS, the expertise and training necessary for the provision of air traffic control tower services is held by the current contract provider, CIZ Aviation Inc.; 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 determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract in the amount of $20,342.00 per month, with CIZ Aviation Inc., marked as Exhibit "A" attached hereto and made a part hereof, for the provision of air traffic control tower services for Drake Field upon the date of tower closure by the FAA, should such occur. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals Ordinance No. 5576 so that the contract attached as Exhibit "A" will supersede the initial contract because the term of service and amount of insurance payment are no longer valid because of the FAA stay of its closure order. D.3 Repeal Ordinance No.5576-CI'Aviation, Inc Page 5 of 20 PASSED and APPROVED this day of 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer D.3 Agreement between the City of Fayetteville,Arkansas, and CII Aviation, IncRepeal Ordinance No.5576-CI'Aviation, Inc Page 6 of 20 C12 Aviation, Inc. 4488 North Shallowford Rd z Suite 200 AVIATION rC16cN Dunwoodv, GA 30338 4. AGREEMENT for AIR TRAFFIC CONTROL SERVICE between THE CITY OF FAYETTEVILLE,ARKANSAS and CIZ AVIATION, INC. 1. CONTRACT SERVICES This Agreement is entered into as of the 16th day of April, 2013, by and between the City of Fayetteville, Arkansas, 4500 S. School Ave. Suite F, Fayetteville, Arkansas, 72701, and CIZ Aviation, Inc., a Georgia corporation having offices at 4488 North Shallowford Road, Suite 200, Dunwoody, Georgia, 30338, effective as of the first day that the FAA ceases payment to CIZ Aviation, Inc. to operate the Drake Field air traffic control tower. WHEREAS, CIZ Aviation, Inc. has entered into an agreement with the City of Fayetteville, Arkansas, which desires to have air traffic control services provided for the Fayetteville Executive Airport — Drake Field, Fayetteville, Arkansas. Services will be provided during operating hours, 0800 (8:00 A.M. Local) to 2000 (8:00 P.M. Local) daily at the Fayetteville - Drake Airport Traffic Control Tower (ATCT). CIZ Aviation, Inc. shall provide these services by issuing pertinent NOTAM and advisories for the hours of operation of the Fayetteville - Drake ATCT. NOW, THEREFORE, BOTH PARTIES, in consideration of the covenants and agreements of the respective parties herein contained hereby agree as follows: 2. SCOPE OF WORK CIZ Aviation, Inc. shall furnish all required personnel and labor, and will provide Air Traffic Control service, including normal weather observations, for the Fayetteville Executive Airport - Drake Field (FYV), Fayetteville, Arkansas, airport Movement Area and the airspace within the The information contained in this document is for the express use of the City of Fayetteville.Arkansas and CI'Aviation,Inc. employees. Itis proprietaryto the City of Fayetteville,Arkansas and Cl-Aviation,Inc.,and is not to be disclosed outside of the City of Fayetteville,Arkansas and CI%Aviation Inc.,without the express written permission of the City of Fayetteville,Arkansas and CRAviation,Inc.