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HomeMy WebLinkAbout2013-11-19 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1 —Mark Kinion Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—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 November 19, 2013 A meeting of the Fayetteville City Council will be held on November 19, 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: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the November 05, 2013 City Council meeting minutes. 2. Watershed Conservation Resources Center (WCRC) Task Order No. 5: A resolution approving Task Order No. 5 with the Watershed Conservation Resources Center (WCRC) for the City to pay $195,707.00 to restore White River stream bank near the Noland Wastewater Treatment Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 225-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. 2013 Bulletproof Vest Partnership Program: A resolution authorizing acceptance of a fifty percent (50%) matching grant award from the 2013 Bulletproof Vest Partnership Program in the amount of $4,644.00 for the replacement of body armor vests for Fayetteville police officers, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 226-13 4. Federal and State Law Enforcement Forfeitures: A resolution approving a budget adjustment in the total amount of $176,211.00 recognizing federal and state law enforcement forfeiture revenue received through October 2013 and increasing the related expense budget. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 227-13 5. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services interlocal agreement with Washington County, Arkansas, continuing fees at $60.00 per booked prisoner for calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 228-13 6. Police Department Policies: A resolution approving Fayetteville Police Department policies 1.2.4 Domestic Violence, 33.1 Training, 41.2.8 Vehicular Pursuit, 41.2.11 Use of Department Vehicles, 61.1 Traffic Enforcement and 61.3 Traffic Direction and Control. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 229-13 7. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $1,900.00 recognizing revenue from the Friends of the Fayetteville Animal Shelter for stainless steel countertops and other improvements to the Animal Shelter clinic area, play yard and dog park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 230-13 8. Community Access Television, Inc. (dba Your Media) Contract: A resolution approving the annual extension of the contract with Community Access Television, Inc. dba Your Media in the amount of $105,000.00 for the provision of public access television services and the operation of the public access television channel through 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 231-13 9. Grant Thornton, LLP: A resolution approving a contract with Grant Thornton LLP in the amount of $85,000.00 to provide independent audit services to the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 10. Aviation Gasoline: A resolution approving a budget adjustment in the total amount of $39,682.00 to increase the airport budget for aviation gasoline. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 233-13 11. 2013 Cops Hiring Program: A resolution authorizing acceptance of a 2013 Cops Hiring Program matching grant in the total amount of $723,494.00 to fund three (3) police officers for a period of four (4) years with the matching requirement split proportionally between the City and the Fayetteville School District, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 234-13 12. Woolsey Wet Prairie Wetland Bank: A resolution to reaffirm the City Council's support for the expansion of the Woolsey Wet Prairie to create a wetland bank for the city and possibly other agencies if allowed by the Corps of Engineers. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 235-13 B. Unfinished Business: None C. Public Hearing: 1. Van Asche Drive Construction Project Condemnation and Possession: A resolution authorizing the city attorney to seek condemnation and possession of certain lands owned by Dale & Martha Benedict and David Clark McClinton, needed for the Van Asche Drive Construction Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 236-13 D. New Business: 1. 2014 Annual Budget and Work Program: A resolution adopting the 2014 Annual Budget and Work Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 237-13 2. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An ordinance approving VAC 13-4516 submitted by Development Consultants, Incorporated for property located west of Razorback Road and north of Center Street to vacate the right-of-way of Brenda Drive, Court Street, Walton Street, and a thirty foot wide alley off of Hotz Drive. THIS ORDINANCE WAS LEFT ON THE SECOND READING 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. ADM 13-4512 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 2): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Two, reducing the number of dwelling units from 100 units to 72 units and removing the requirement for vertical mixed-use buildings. THIS ORDINANCE WAS LEFT ON THE SECOND READING 4. ADM 13-4513 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 5): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Five, reducing the number of dwelling units from 60 units to 31 units and amending the housing type from townhouses to detached single-family houses. THIS ORDINANCE WAS LEFT ON THE SECOND READING 5. ADM 13-4450 (Pratt Place Inn): An ordinance amending a Commercial Planned Zoning District entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section 1. THIS ORDINANCE WAS LEFT ON THE FIRST READING 6. New Fayetteville Planning Area: A resolution to confirm the approval of the Planning Commission and to designate the attached map and described boundary as the new Fayetteville Planning Area. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 238-13 7. Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors Located on Private Property. THIS ORDINANCE WAS LEFT ON THE FIRST READING AND TABLED TO THE DECEMBER 17, 2013 CITY COUNCIL MEETING 8. Huntsville Road City Property: A resolution to amend the 2030 Future Land Use Map to change the city owned parcel of the former Tyson plant on Huntsville Road from Civic Institutional to City Neighborhood and to express the City Council's support to request proposals for the sale and development of the remaining acreage. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 239-13 9. Instrument & Supply, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with Instrument & Supply, Inc. for the purchase of a JWC Channel Monster in the total amount of$192,342.36, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5635 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 10. CH2M Hill Engineers, Inc. Amendment No. 4: A resolution approving contract Amendment No. 4 with CH2M Hill Engineers, Inc. in the amount of $7,441,428.00 for operation, maintenance, management and engineering services for city wastewater treatment facilities and systems in 2014 subject to approval of the 2014 annual city budget and work program, and approving a $70,000.00 contract contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 240-13 E. City Council Agenda Session Presentations: 1. Economic Development Report: Chung Tan, Chamber of Commerce F. City Council Tour: 1. December 2, 2013 —4:00 PM—Mt. Kessler G. Announcements: Adjournment: 8:35 pm 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: November 19, 2013 Adjourn: Subject: Roll Long ✓ Assad- Gray 1/ Marsh ✓ u CA¢Miticw Kinion kfgr0n Petty ✓ Tennant Schoppmeyer Adams Mayor Jordan 9'b Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: November 19,2013 Subject: Consent Motion To: rove Motion By: -re t, 444,1 Seconded: G Long Gray mr" Marsh ✓ Kinion CIPProped Petty —�� Tennant r/ %,26q3Schoppmeyer - iwi Adams r/ ✓ o5��3 Mayor Jordan Gt 7-0 Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: November 19, 2013 Subject: Van Asche Drive Construction Project Condemnation and Possession Motion To: Motion By: Seconded: 6A C. 1 Long Public Gray o/ Hearing Marsh Kinion Petty �A4*w,d Tennant Schoppmeyer Adams ✓ �11j I Mayor Jordan Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: November 19,2013 Subject: 2014 Annual Budget and Work Program Motion To: I—/L Motion By: Seconded: Ault- D. 1 Long A/ New Gray Ali/ Business Marsh e/ Kinion ok&& Petty 11� PLJ�ps f Tennant ^/ Schoppmeyer Adams A/ ✓ aI Mayor Jordan A -s- b -> Subject: VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas) Motion To: Motion By: Seconded: D 2 Long ^/ New Gray Business Marsh ✓ Kinion Ok ea- by Petty dv' Tennant Schoppmeyersicod ✓ Adams 6000, Mayor Jordan City Council Meeting: November 19,2013 Subject: ADM 13-4512 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 2) Motion To: Motion By: Seconded: D.3 Long New Gray Business Marsh /✓ Vinion ll v$ Petty N Tennant Q/ ` g Schoppmeyer ,J �Lc(uNP Adams ✓v l7Eadirt Mayor Jordan Subject: ADM 13-4513 (Wedington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 5) Motion To: Motion By: Seconded: D.4 Long New Gray v! Business Marsh v! Kinion /* 0, Petty A a Tennant , Schoppmeyer ✓ Adams Mayor Jordan City Council Meeting: November 19,2013 Subject: ADM 13-4450 (Pratt Place Inn) Motion To: Motion By: Seconded: D. 5 Long New Gray Business Marsh Kinion ' /�`"'G"' ON,-- Petty y xR ILit Tennant '-"i l Schoppmeyer FF Adams Mayor Jordan Subject: New Fayetteville Planning Area Motion To: Aute ' Motion By: ri Seconded: moi+ D. 6 Long New Gray ✓ ✓ Business Marsh ✓ f Kinion Q(i52w� Petty ,/ ✓ �— Tennant Schoppmeyer �j' ✓ Adams co s Lor a'� Mayor Jordan City Council Meeting: November 19, 2013 Subject: Amend Chapter 17788 Motion To: /� " J-1.0 1 3 Motion By: Seconded: D. 7 Long New Gray / Business Marsh Kinion 0n 4q." j Petty n e Tennant �✓ Schoppmeyer !3 Adams ✓ Mayor Jordan Subject: Huntsville Road City Property Motion To: S. {nem Jor yptC a la Motion By: Q .. Seconded: D. 8 Long �/ ✓ ✓ New Gray �/ ✓ i/ Business Marsh ✓ ✓ KinionS !!(�Se/►f p Petty ✓- ✓ i✓ r- Tennant ✓ i/' ✓ Schoppmeyer ✓ ✓/ �/ Adams '✓ ✓ �✓ 13 Mayor Jordan 7-0 City Council Meeting: November 19,2013 Subject: Instrument & Supply, Inc. Motion To: ! -And Rjah 3V'A ALU --- Motion By: Seconded: D. 9 Long ✓ �/ �/ New, Gray Business Marsh e/ '✓ Kinion Petty ✓ ✓ �/ r Tennant Schoppmeyer ✓ °'� ✓ Adams ✓ Mayor Jordan U� -7-0 7-0 7-0 Subject: C112M Hill Engineers, Inc. Amendment No. 4 Motion To: Motion By: Seconded: y� D. 10 Long New, Gray Business Marsh ✓, Kinion setvt Petty ✓ Tennant Schoppmeyer ✓ Adams Mayor Jordan 7-0 TayleetrLvi Departmental Correspondence LEGAL www. ecessfayetteville.org DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: November 20,2013 _ RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of November 19, 2013 1. Watershed Conservation Resources Center (WCRC) Task Order No. 5: A resolution approving Task Order No. 5 with the Watershed Conservation Resources Center (WCRC) for the City to pay $195,707.00 to restore White River stream bank near the Noland Wastewater Treatment Facility. 2. 2013 Bulletproof Vest Partnership Program: A resolution authorizing acceptance of a fifty percent (50%) matching grant award from the 2013 Bulletproof Vest Partnership Program in the amount of $4,644.00 for the replacement of body armor vests for Fayetteville police officers, and approving a budget adjustment. 3. Federal and State Law Enforcement Forfeitures: A resolution approving a budget adjustment in the total amount of $176,211.00 recognizing federal and state law enforcement forfeiture revenue received through October 2013 and increasing the related expense budget. 4. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services interlocal agreement with Washington County, Arkansas, continuing fees at $60.00 per booked prisoner for calendar year 2014. 5. Police Department Policies: A resolution approving Fayetteville Police Department policies 1.2.4 Domestic Violence, 33.1 Training, 41.2.8 Vehicular Pursuit, 41.2.11 Use of Department Vehicles, 61.1 Traffic Enforcement and 61.3 Traffic Direction and Control. 6. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $1,900.00 recognizing revenue from the Friends of the Fayetteville Animal Shelter for stainless steel countertops and other improvements to the Animal Shelter clinic area, play yard and dog park. 7. Community Access Television, Inc. (dba Your Media) Contract: A resolution approving the annual extension of the contract with Community Access Television, Inc. dba Your Media in the amount of $105,000.00 for the provision of public access television services and the operation of the public access television channel through 2014. 8. Grant Thornton, LLP: A resolution approving a contract with Grant Thornton LLP in the amount of $85,000.00 to provide independent audit services to the City of Fayetteville. 9. Aviation Gasoline: A resolution approving a budget adjustment in the total amount of $39,682.00 to increase the airport budget for aviation gasoline. 10. 2013 Cops Hiring Program: A resolution authorizing acceptance of a 2013 Cops Hiring Program matching grant in the total amount of $723,494.00 to fund three (3) police officers for a period of four (4) years with the matching requirement split proportionally between the City and the Fayetteville School District, and approving a budget adjustment. 11. Woolsey Wet Prairie Wetland Bank: A resolution to reaffirm the City Council's support for the expansion of the Woolsey Wet Prairie to create a wetland bank for the city and possibly other agencies if allowed by the Corps of Engineers. 12.Van Asche Drive Construction Project Condemnation and Possession: A resolution authorizing the city attorney to seek condemnation and possession of certain lands owned by Dale &Martha Benedict and David Clark McClinton, 13. 2014 Annual Budget and Work Program: A resolution adopting the 2014 Annual Budget and Work Program. 14. New Fayetteville Planning Area: A resolution to confirm the approval of the Planning Commission and to designate the attached map and described boundary as the new Fayetteville Planning Area. 15. Huntsville Road City Property: A resolution to amend the 2030 Future Land Use Map to change the city owned parcel of the former Tyson plant on Huntsville Road from Civic Institutional to City Neighborhood, to express the City Council's support to request proposals for the sale and development of the remaining acreage and to express the City Council's intent to include a minimum amount of green space and to follow our Low Impact Design Standards. 2 16. Instrument & Supply, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with Instrument & Supply, Inc. for the purchase of a JWC Channel Monster in the total amount of$192,342.36, and approving a budget adjustment. 17. C112M Hill Engineers, Inc. Amendment No. 4: A resolution approving contract Amendment No. 4 with CH2M Hill Engineers, Inc. in the amount of $7,441,428.00 for operation, maintenance, management and engineering services for city wastewater treatment facilities and systems in 2014 subject to approval of the 2014 annual city budget and work program, and approving a $70,000.00 contract contingency. 3 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1 —Mark Kinion Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—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 November 19, 2013 A meeting of the Fayetteville City Council will be held on November 19, 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: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the November 05, 2013 City Council meeting minutes. 2. Watershed Conservation Resources Center (WCRC) Task Order No. 5: A resolution approving Task Order No. 5 with the Watershed Conservation Resources Center (WCRC) for the City to pay $195,707.00 to restore White River stream bank near the Noland Wastewater Treatment Facility. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. 2013 Bulletproof Vest Partnership Program: A resolution authorizing acceptance of a fifty percent (50%) matching grant award from the 2013 Bulletproof Vest Partnership Program in the amount of $4,644.00 for the replacement of body armor vests for Fayetteville police officers, and approving a budget adjustment. 4. Federal and State Law Enforcement Forfeitures: A resolution approving a budget adjustment in the total amount of $176,211.00 recognizing federal and state law enforcement forfeiture revenue received through October 2013 and increasing the related expense budget. 5. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services interlocal agreement with Washington County, Arkansas, continuing fees at $60.00 per booked prisoner for calendar year 2014. 6. Police Department Policies: A resolution approving Fayetteville Police Department policies 1.2.4 Domestic Violence, 33.1 Training, 41.2.8 Vehicular Pursuit, 41.2.11 Use of Department Vehicles, 61.1 Traffic Enforcement and 61.3 Traffic Direction and Control. 7. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $1,900.00 recognizing revenue from the Friends of the Fayetteville Animal Shelter for stainless steel countertops and other improvements to the Animal Shelter clinic area, play yard and dog park. 8. Community Access Television, Inc. (dba Your Media) Contract: A resolution approving the annual extension of the contract with Community Access Television, Inc. dba Your Media in the amount of $105,000.00 for the provision of public access television services and the operation of the public access television channel through 2014. 9. Grant Thornton, LLP: A resolution approving a contract with Grant Thornton LLP in the amount of $85,000.00 to provide independent audit services to the City of Fayetteville. 10. Aviation Gasoline: A resolution approving a budget adjustment in the total amount of $39,682.00 to increase the airport budget for aviation gasoline. 11. 2013 Cops Hiring Program: A resolution authorizing acceptance of a 2013 Cops Hiring Program matching grant in the total amount of $723,494.00 to fund three (3) police officers for a period of four (4) years with the matching requirement split proportionally between the City and the Fayetteville School District, and approving a budget adjustment. 12. Woolsey Wet Prairie Wetland Bank: A resolution to reaffirm the City Council's support for the expansion of the Woolsey Wet Prairie to create a wetland bank for the city and possibly other agencies if allowed by the Corps of Engineers. B. Unfinished Business: None 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. Public Hearing: 1. Van Asche Drive Construction Project Condemnation and Possession: A resolution authorizing the city attorney to seek condemnation and possession of certain lands owned by Dale & Martha Benedict and David Clark McClinton, needed for the Van Asche Drive Construction Project. D. New Business: 1. 2014 Annual Budget and Work Program: A resolution adopting the 2014 Annual Budget and Work Program. 2. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An ordinance approving VAC 13-4516 submitted by Development Consultants, Incorporated for property located west of Razorback Road and north of Center Street to vacate the right-of-way of Brenda Drive, Court Street, Walton Street, and a thirty foot wide alley off of Hotz Drive. 3. ADM 13-4512 (Wellington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 2): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Two, reducing the number of dwelling units from 100 units to 72 units and removing the requirement for vertical mixed-use buildings. 4. ADM 13-4513 (Wellington Drive and Salem Road/Forest Hills PZD Modification to Planning Area 5): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the concept plan and zoning criteria for Planning Area Five, reducing the number of dwelling units from 60 units to 31 units and amending the housing type from townhouses to detached single-family houses. 5. ADM 13-4450 (Pratt Place Inn): An ordinance amending a Commercial Planned Zoning District entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section 1. 6. New Fayetteville Planning Area: A resolution to confirm the approval of the Planning Commission and to designate the attached map and described boundary as the new Fayetteville Planning Area. 7. Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors Located on Private Property. 8. Huntsville Road City Property: A resolution to amend the 2030 Future Land Use Map to change the city owned parcel of the former Tyson plant on Huntsville Road from Civic Institutional to City Neighborhood and to express the City Council's support to request proposals for the sale and development of the remaining acreage. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. Instrument & Supply, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with Instrument & Supply, Inc. for the purchase of a JWC Channel Monster in the total amount of$192,342.36, and approving a budget adjustment. 10. C112M Hill Engineers, Inc. Amendment No. 4: A resolution approving contract Amendment No. 4 with CH2M Hill Engineers, Inc. in the amount of $7,441,428.00 for operation, maintenance, management and engineering services for city wastewater treatment facilities and systems in 2014 subject to approval of the 2014 annual city budget and work program, and approving a $70,000.00 contract contingency. E. City Council Agenda Session Presentations: 1. Economic Development Report: Chung Tan, Chamber of Commerce F. City Council Tour: 1. December 2, 2013 —4:00 PM—Mt. Kessler 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 A. 12 Woolsey Wet Prairie Wetland Bank Page 1 of 4 AGENDA REQUEST FOR: COUNCIL MEETING OF November 19, 2013 FROM: CITY COUNCIL MEMBER ALAN LONG ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REAFFIRM THE CITY COUNCIL'S SUPPORT FOR THE EXPANSION OF THE WOOLSEY WET PRAIRIE TO CREATE A WETLAND BANK FOR THE CITY AND POSSIBLY OTHER AGENCIES IF ALLOWED BY THE CORPS OF ENGINEERS APPROVED FOR AGENDA: r7 /D06&/ C C ci ber Alan Long Date 0 LO&A gNj 13 Utili ' s Di ctor David Jurgens Date (as t orm) 1� - � - 13 City Attorney it Williams Date (as to form) c t VVJ THE CITY OF FAYETTEVILLE,ARKANS065 2 Tav e evl le Nooiseyw®tRrai13W.eAlanrA mf4 3Wele"A 7201Q Fayetteville,Alltt]2]01 P(479)575-8330 F(479)5]5-825] ARKANSAS To: Kit Williams, City Attorney From: David Jurgens, Utilities Director Date: November 5, 2013 Subject: Water/Sewer Committee's Request for Wetlands Resolution of Intent The Fayetteville Water and Sewer Committee,by unanimous vote, has requested the City Attorney draft a resolution of intent regarding the wetlands known as the Woolsey Wet Prairie and surrounding acreage. The Committee requests the resolution state the following: The Woolsey Wet Prairie and the lands surrounding the Prairie as a valuable natural resource; The Committee wishes to request that the administration: ➢ expand the wetlands into the areas to the west and north,creating a deed restricted wetlands area; ➢ constructed the expansion as a wetlands bank,with the credits available for sale under requirements from the Corps of Engineers; ➢ employ the bank as a revenue source for the Water/Sewer fund; and ➢ pay for the construction of expanded wetlands by the sale of credits from the wetlands bank. Background The wetlands north of and adjacent to the West Side Wastewater Treatment Facility (WWTF), now known as the Woolsey Wet Prairie,was constructed in 2005—2008 as a wetlands mitigation site as part of the Wastewater System Improvement Project. The wetlands was required to be constructed to comply with the Corps of Engineers 404 permit for the WSIP to mitigate wetlands that were being degraded or destroyed in the construction of sewer lines, pump stations, and the West Side W WTF. All of the construction costs were borne by the WSIP project fund. Per to the Corps of Engineers permit, 43.8 acres were deed restricted for the site. After the berms were constructed but before any wetlands plants were planted, species counts showed that the wetlands was blossoming without any plantings. There were dormant seeds in the soil that germinated now that the wetlands environment was created(or recreated)through the berming and water controls. As a result, a $143,000 contract to plant wetlands plants in the area was cancelled. The wetlands has continued to blossom to where 423 species of plants have been identified in an area where, from 2001-2005 when plans were under development, only 47 were found. Recognizing the enormous potential of the site, in 2009 the City staff,the Mayor and the City Council approved a capital project in the Capital Improvements Program,Number 11013, Wetlands Bank Construction, funding it with $350,000 in 2011. The project description from the 2010 CIP reads: "This project is for the construction of an 80+acre wetlands bank at the Woolsey Wet Prairie area at the west side wastewater treatment plant site. This wetlands bank is adjacent to the existing wetlands mitigation site developed for the Wastewater System Improvement Project. The project will include development of a prospectus to be presented to the Corps of Engineers and for the construction and ongoing maintenance. The credits created in the bank can then be sold to customers within the Illinois River Watershed and other areas as approved by the Corps. The project is expected to be a net revenue generator for the City, with initial funding to be provided from the sale of four acres of the Water& Sewer wastewater treatment plant site to Ozarks Electric and the sale of credits from the existing mitigation site. In October,2013, the Corps of Engineers granted the City approval to use credits from Woolsey Wet Prairie as mitigation credits for City owned projects, but will not allow the sale of the credits to outside agencies. Wetlands Resolution Memo to Cty Attny 5Nov 13 A. 12 Woolsey Wet Prairie Wetland Bank Page 3 of 4 RESOLUTION NO. A RESOLUTION TO REAFFIRM THE CITY COUNCIL'S SUPPORT FOR THE EXPANSION OF THE WOOLSEY WET PRAIRIE TO CREATE A WETLAND BANK FOR THE CITY AND POSSIBLY OTHER AGENCIES IF ALLOWED BY THE CORPS OF ENGINEERS WHEREAS, during the construction for the West Side Wastewater Treatment Facility, the Woolsey Wet Prairie was constructed to create an historical wetlands and to mitigate the wetlands loss caused by the construction of the treatment plant, new lift stations, and miles of new sewer mains; and WHEREAS, the Woolsey Wet Prairie did not even need to be planted with historical wetland prairie plants which instead sprouted from long dormant seeds once the wetland prairie was restored with berrning and water controls; and WHEREAS, after the great success in restoring about 44 acres of wet prairie,the Mayor, City Council and City Staff determined in 2009 to expand the Woolsey Wet Prairie to about another 80 acres and funded this construction through the CIP for$350,000.00 in 2011; and WHEREAS, the Corps of Engineers has finally granted the City the approval to use credits from the expanded Woolsey Wet Prairie as mitigation credits for City projects (but will not now allow sale of these credits to outside agencies). 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 reaffirms the City Council's support for the expansion of the Woolsey Wet Prairie for about 80 additional acres to create a wetlands bank to be used for City projects and, if later approved by the Corps of Engineers, to be sold to other agencies to recover the costs of construction of this addition to the Woolsey Wet Prairie. PASSED and APPROVED this 19th day of November, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A. 12 Woolsey Wet Prairie Wetland Bank Page 4 of 4 C. 1 Van Asche Drive Construction Project Condemnation and Possession Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY DALE & MARTHA BENEDICT AND DAVID CLARK MCCLINTON, NEEDED FOR THE VAN ASCHE DRIVE CONSTRUCTION PROJECT WHEREAS, the City of Fayetteville and certain property owners have been unable to agree on a fair price for the portions of property owned by each of them which is needed for the Van Asche Drive Construction Project; and WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to begin work on these public improvement; 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 authorizes the City Attorney to file suit to seek court-ordered possession of property located on or near the planned Van Asche Drive Construction Project and owned by Dale & Martha Benedict that is needed for right-of-way or other easements for the Project, and to pay into the registry of the Circuit Court just compensation therefor. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on or near the planned Van Asche Drive Construction Project and owned by David Clark McClinton that is needed for right-of-way or other easements for the Project, and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 19'11 day of November, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C. 1 Van Asche Drive Construction Project Condemnation and Possession Page 2 of 2 D.5 ADM 13-4450(Pratt Place Inn) Page 1 of 2 ORDINANCE NO. AN ORDINANCE AMENDING A COMMERCIAL PLANNED ZONING DISTRICT ENTITLED C-PZD 05-1670 PRATT PLACE INN, TO REVISE THE HOURS OF OPERATION AS LISTED IN SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF TBE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville hereby amends C-PZD 05- 1670 Pratt Place Inn is to reflect the following hours of operation: 1) Monday through Saturday from 7:00 a.m. until midnight and from 7:00 am. until 10:00 p.m. on Sunday; and 2)A maximum of 1 event on New Year's Eve each year allowed until 1:00 a.m. Section 2: That the new hours are granted for a trial period of two years from the date of City Council approval. One year from this approval date,the City Council shall review any valid complaints and/or violations and determine at that time if the new operating hours should be extended beyond the two year period. Section 3: That the Planned Zoning District ordinance and official zoning map of the City of Fayetteville, Arkansas, are hereby amended to reflect the zoning criteria change provided in Section 1 above. PASSED and APPROVED this 19th day of November, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SNUTB, City Clerk/Treasurer