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HomeMy WebLinkAbout2012-12-18 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting December 18, 2012 A meeting of the Fayetteville City Council will be held on December 18, 2012 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. FHS State Championships in Football and Volleyball City Council Meeting Presentations, Reports and Discussion Items: 1. Illinois River Watershed Partnership Presentation—Dr. Delia Haak, Executive Director- 2. Historic District Commission Appointment: Appointed by the Mayor and approved by the City Council. - APPROVED 3. Nominating Committee Report-APPROVED 4. Public Facilities Board Appointments and Term End Date Approval -APPROVED 5. Approval of Aldermen City Council Committees -APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Agenda Additions: A. Consent: 1. Bid #12-76 Peterbilt of Fort Smith: A resolution awarding Bid #12-76 and authorizing a contract with Peterbilt of Fort Smith in the amount of$499,366.00 for the purchase of two (2) front load refuse trucks for use by the Solid Waste Division, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 239-12 2. Bid #12-77 Terex Equipment Services: A resolution awarding Bid #12-77 and authorizing a contract with Terex Equipment Services in the amount of $83,284.00 for the purchase of two (2)heavy duty 4X4 pickup trucks for use by the Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 240-12 3. Nature Trail Naming at Lake Fayetteville Environmental Study Center: A resolution approving the names of Lakeside Trail, Hilltop Trail, Old Field Trail and Wagon Wheel cutoff for trails within the Lake Fayetteville Environmental Study Center area. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 241-12 4. Federal and State Law Enforcement Forfeiture Revenue: A resolution approving a budget adjustment in the amount of $133,320.00 representing federal and state law enforcement forfeiture revenue received during the third and fourth quarters of 2012 and establishing a corresponding expense budget. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 242-12 5. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of$1,600.00 representing donation revenue to the Fayetteville Police Department during the third and fourth quarters of 2012 in support of general recognition and officer service awards. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 243-12 6. Community Services Division Donation Revenue: A resolution approving a budget adjustment in the total amount of$1,968.00 representing citizen donation revenue for the Ranger's Pantry Pet Food Bank and donation revenue from the Fraternal Order of Police for the Senior Giving Tree event. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 244-12 7. Community Development Block Grant Housing Program: A resolution approving a budget adjustment in the amount of $2,218.00 representing a Community Development Block Grant Housing Program lien payoff. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 245-12 8. Rule D. 4 Reconsideration: A resolution to amend D. Procedures and Parliamentary Rules Subsection 4. Reconsideration of the City Council Rules of Order and Procedure to clarify that only a council member who voted on the prevailing side can move to reconsider a motion. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 246-12 9. Post-Issuance Tax Compliance Procedures: A resolution to authorize and adopt Post- Issuance Tax Compliance Procedures to be followed in connection with each issue of tax- exempt bonds by the City. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 247-12 10. Beaver Water District Agreement: A resolution approving an agreement with Beaver Water District related to protection of and nutrient reduction in the Beaver Lake Watershed. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 248-12 B. Unfinished Business: None C. Public Hearing: 1. Raze and Removal 320 W. North Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Robert W. Wilkes located at 320 W. North Street in the City of Fayetteville, Arkansas, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 249-12 D. New Business: 1. RZN 12-4250 Rezone (Parks and Recreation): An ordinance rezoning the properties described in rezoning petition RZN 12-4250, for fourteen City of Fayetteville Parks and Trail Corridors on approximately 110.91 acres, located throughout the City from multiple zoning districts to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5549 2. RZN 12-4253 (1932 and 2052 S. Garland Ave./Lifesource): An ordinance rezoning that property described in rezoning petition RZN 12-4253, for approximately 3.64 acres, located at 1932 and 2052 South Garland Avenue from RSF-4, Residential Single-Family, 4 units per acre and 1-1, Heavy Commercial and Light Industrial, to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5550 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Smith Two-Way Radio, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Smith Two-Way Radio, Inc. in the total amount of $29,475.65 to configure and program existing radio equipment for implementation of a conventional back-up radio system. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5551 4. Motorola Solutions, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a two-year contract with Motorola Solutions, Inc. in the total amount of$73,974.00 plus applicable taxes for radio maintenance to the City's Motorola simulcast radio system. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5552 5. C & L Landfill Site: A resolution to place deed restrictions in the title to city property that was the C & L Landfill site to comply with the Arkansas Department of Environmental Quality landfill closure regulations. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 250-12 6. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2013 contingent on the approval of funds in the 2013 Annual City Budget and Work Program. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5553 7. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2013, contingent on the approval of funds in the 2013 Annual City Budget and Work program. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5554 8. Amend Section 31.16 Aldermen Compensation: An ordinance amending Section 31.16 Aldermen Compensation of the Code of Fayetteville to alter the monthly compensation received by members of the City Council. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5555 9. Granicus, Inc Contract—Paperless Agenda: An ordinance waving the requirements of formal competitive bidding and approving a contract with Granicus, Inc. in the total amount of $32,325.00 for fully integrated web streaming and paperless agenda routing services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5556 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 10. Parking Deck Project Fund: A resolution approving a budget adjustment to the 2013 Annual Budget in the amount of $6,600,000.00 to provide for the construction of a parking deck facility in the Dickson Street Entertainment District and creating a Parking Deck Project Fund. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 251-12 11. Garver, LLC - Dickson Street Entertainment District Parking Deck: A resolution approving a contract amendment with Garver, LLC in an amount not to exceed $675,000.00 for the design of the Dickson Street Entertainment District Parking Deck, and approving a project contingency of $20,000.00, all contingent upon the approval of the funding in the 2013 Annual Budget. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 252-12 12. Amend §31.17 Mayor's Compensation of the Fayetteville Code: An ordinance to amend §31.17 Mayor's Compensation of the Fayetteville Code to allow a Mayor to waive in writing the salary adjustment required by(B). PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5557 E. City Council Agenda Session Presentations: None F. City Council Tour: None G. Announcements: Adjournment: 8:00 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 aides 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: December 18, 2012 Adjourn: g i 00 pi M-, Subject: Roll Gray Boudreaux Kinion Petty Tennant r/ Ferrell r/ Adams Lewis Mayor Jordan ✓ Subject: Historic District Commission Appointment: Motion To: Motion By: Q Seconded: Gray Boudreaux ✓ Kinion ✓ Petty ✓ Tennant ✓ Ferrell ✓ Adams Lewis Mayor Jordan �-e City Council Meeting: December 18,2012 Subject: Nominating Committee Report Motion To: Motion By: Seconded: Gray approdeA Boudreaux ✓ Kinion Petty ✓ Tennant Ferrell Adams Lewis Mayor Jordan Flo Subject: Public Facilities Board Appointments and Term End Date Approval Motion To: Motion By: Seconded: A Gray p Boudreaux ✓ Kinion r✓ Petty ✓ Tennant Ferrell ✓ Adams v° Lewis Mayor Jordan 8-4 City Council Meeting: December 18,2012 Subject: Approval of Aldermen City Council Committees Motion To: Motion By: Seconded: Gray Boudreaux ✓ Kinion Petty ✓ Tennant ✓ Ferrell Adams �r Lewis Mayor Jordan �-o Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: December 18,2012 Subject: Consent Motion To: Motion By: Seconded: Gray Boudreaux ✓ Kinion Petty ✓ Tennant q I a Ferrell ✓ 1 "^ Adams Lt Lewis 8 I a Mayor Jordan �6 Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: December 18,2012 Subject: None Motion To: Motion By: Seconded: B. 1 Gray Unfinished Boudreaux Business Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: December 18, 2012 Subject: Raze and Removal 320 W. North Street g C. 1 Gray Public Boudreaux Hearing Kinion ✓ Petty t/ Tennant ✓ Ferrell Adams e✓ Lewis aq, la Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Boudreaux Vinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: December 18,2012 Subject: RZN 12-4250 one (Parks and Recreation) JBusiness / J o� d Gray ✓ ✓ �/ Boudreaux ✓ ✓ ✓ KinionPetty ✓ ✓ ✓ Tennant '� '✓ ✓ Ferrell ✓ ✓ ✓ Adams ✓ ✓ ,/ Lewis 55 Mayor Jordan Subject: RZN 12-4253 (1932 and 2052 S. Garland Ave./Lifesource) q Gray ✓ ✓ ✓ New Boudreaux ✓ �/ Business Kinion t/ +001- Petty 1/ ✓ ✓ Tennant ✓ ✓ Ferrell ✓ ✓� Adams t/ ✓`- ✓ Lewis SCj 5 p Mayor Jordan �'D 8.0 City Council Meeting: December 18,2012 Subject: Smith Two-Way Radio,Inc Motion To: n Motion By: Seconded: `- D. 3 Gray ve ,/ ✓ New Boudreaux ✓ °`� Business Kinion ✓ ✓ Petty ✓ °® Na !RA Tennant ✓ Ferrell ✓ i,/ ✓ Adams ✓ �/ ts'' Lewis ✓ "'�/ I ]Mayor Jordan Subject: Motorola Solutions,Inc Motion To: Motion By: JL Seconded: a D 4 Gray ✓ V10- New New Boudreaux ►/ ✓ Business Kinion +� ✓ Petty awt d"h4 �aS Tennant ✓ -®� Ferrell ✓ ° "` �✓ Adams Lewis Mayor Jordan City Council Meeting: December 18,2012 Subject: C& L Landfill Site Motion To: Motion By: Seconded: Ito)a D. 5 Gray ✓ New Boudreaux ✓ Business Kinion ,✓ Petty ✓ Tennant Ferrell Adams Lewis a"JOS a Mayor Jordan V1 Subject: Fayetteville Youth Center,Inc Motion To: Motion By: Seconded: s D. 6 Gray We New Boudreaux ,/ ✓ Business Kinion ✓ s✓ Petty i/ �.. ►� Tennant V' ✓ �ac/ Ferrell �✓ "°� ✓ J7 Adams vim" Lewis 3 Mayor Jordan City Council Meeting: December 18,2012 Subject: Northwest Arkansas Economic Development District Motion To: Motion By: Seconded: D. 7 Gray New Boudreaux Business Kinion ✓ '� n Petty f ✓� Tennant ✓ 1I� `� Ferrell ►� AdamsAK y� ✓ Lewis Mayor Jordan Subject: Amend Section 31.16 Aldermen Compensation Motion To: f Motion By: Seconded: D. 8 Gray f New Boudreaux y'® ✓ Business -Kinion WWI Petty I.V�' Tennant �a_Y�Q� , A Ferrell Adams Lewis VIO 'J`J Mayor Jordan City Council Meeting: December 18,2012 Subject: Granicus,Inc Contract—Paperless Agenda Motion To: F Motion By: � Seconded: G D. 9 Gray vo� New Boudreaux W101 ate` ✓ Business Kinion �/ a� ✓ Petty of +° ✓ pA d Tennant ✓ +�'" ✓ Ferrell {� o� ✓ Adams ✓ ° ✓' Lewis l Mayor Jordan Subject: Parking Deck Project Fund Motion To: Motion By: Seconded: D. 10 Gray New Boudreaux Business Kinion Petty t� Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: December 18,2012 Subject: Garver,LLC -Dickson Street Entertainment District Parking Deck Motion To: Motion By: Seconded: D. 11 Gray New Boudreaux Business Kinion Petty ✓ Tennant ✓ PFerrell +� Adams Lewis Mayor Jordan Q-d Subject: Amend 31.17 Mayor's Com enation of the Fayetteville Code Motion To: R64 -304 r Motion By: Qj Seconded: D. 12 Gray ✓ �/ �/ New Boudreaux ✓ ✓ ✓ Business Kinion Petty ✓ ✓ Tennant Ferrell ✓ Adams Lewis ✓ ` Mayor Jordan Ta e evi�le Departmental Correspondence EIL LEGAL y ARKANSAS DEPARTMENT Kit Williams City Attorney Jason R.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: December 19, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 18, 2012 1. Bid #12-76: A resolution awarding Bid 412-76 and authorizing a contract with Peterbilt of Fort Smith in the amount of $499,366.00 for the purchase of two front load refuse trucks for use by the Solid Waste Division, and approving a budget adjustment. 2. Bid #12-77: A resolution awarding Bid 412-77 and authorizing a contract with Terex Equipment Services in the amount of$83,284.00 for the purchase of two heavy duty 4x4 pickup trucks for use by the Fire Department. 3. Nature Trail Naming at Lake Fayetteville Environmental Study Center: A resolution approving the names of Lakeside Trail, Hilltop Trail, Old Field Trail and Wagon Wheel Cutoff for trails within the Lake Fayetteville Environmental Study Center area. 4. Federal and State Law Enforcement Forfeiture Revenue: A resolution approving a budget adjustment in the amount of$133,320.00 representing federal and state law enforcement forfeiture revenue received during the 3`d and 4t quarters of 2012 and establishing a corresponding expense budget. 5. Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of $1,600.00 representing donation revenue to the Fayetteville Police Department during the 3`d and 4th quarters of 2012 in support of general recognition and officer service awards. 6. Community Services Division Donation Revenue: A resolution approving a budget adjustment in the total amount of $1,968.00 representing citizen donation revenue for the Ranger's Pantry Pet Food Bank and donation revenue from the Fraternal Order of Police for the Senior Giving Tree event. 7. CDBG Housing Program: A resolution approving a budget adjustment in the amount of$2,218.00 representing a Community Development Block Grant Housing Program lien payoff. 8. Rule D. 4 Reconsideration: A resolution to amend D. Procedures ;,and Parliamentary Rules Subsection 4. Reconsideration of the City Council Rules of Order and Procedure to clarify that only a council member who voted on the prevailing side can move to reconsider a motion. 9. Post Issuance Tax Compliance Procedures: A resolution to authorize and adopt post-issuance tax compliance procedures to be followed in connection with each issue of tax-exempt bonds by the City. 10. Beaver Water District Agreement: A resolution approving an agreement with Beaver Water District related to protection of and nutrient reduction in the Beaver Lake Watershed. 11. Raze & Removal (320 W. North Street): A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Robert W. Wilkes located at 320 W. North Street in the City of Fayetteville and approving a budget adjustment. 12. Smith Two-Way Radio, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Smith Two-Way Radio, Inc. in the total amount of $29,475.65 to configure and program existing radio equipment for implementation of a conventional back-up radio system. 13. Motorola Solutions, Inc.: An ordinance waiving the requirement of formal competitive bidding and approving a two-year contract with Motorola Solutions, Inc. in the total amount of $73,974.00 plus applicable taxes for radio maintenance to the City's Motorola Simulcast Radio System. 14. C & L Landfill Site: A resolution to place deed restrictions in the title to city property that was the C & L Landfill site to comply with the Arkansas.Department of Environmental Quality landfill closure regulations. 2 15. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2013. 16. NWA Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the NWA Economic Development District in the amount of $53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2013. 17. Amend §31.16 Aldermen Compensation: An ordinance amending §31.16 Aldermen Compensation of the Code of Fayetteville to alter the monthly compensation received by members of the City Council IS. Granicus, Inc. Contract — Paperless Agenda: An ordinance waiving; the requirements of formal competitive bidding and approving a contract with Granicus, Inc. in the total amount of $32,325.00 for fully integrated web streaming and paperless agenda routing services. 19. Parking Deck Project Fund: A resolution approving a budget adjustment to the 2013 annual budget in the amount of$6,600,000.00 to provide for the construction of a parking deck facility in the Dickson Street Entertainment District and creating a parking deck project fund. 20. Garver, LLC — Parking Deck: A resolution approving a contract amendment with Garver, LLC in an amount not to exceed $675,000.00 for the design of the Dickson Street Entertainment District Parking Deck, and approving a project contingency of $20,000.00 all contingent upon the approval of funding in the 2013 annual budget. 21. Amend §31.17 Mayor's Compensation: An ordinance to amend §31.17 Mayor's Compensation of the Fayetteville Code to allow a Mayor to waive in writing the salary adjustment required by (B). 3 i Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting December 18, 2012 A meeting of the Fayetteville City Council will be held on December 18, 2012 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. FHS State Championships in Football and Volleyball City Council Meeting Presentations, Reports and Discussion Items: 1. Illinois River Watershed Partnership Presentation—Dr. Delia Haak, Executive Director 2. Historic District Commission Appointment: Appointed by the Mayor and approved by the City Council. 3. Nominating Committee Report 4. Public Facilities Board Appointments and Term End Date Approval 5. Approval of Aldermen City Council Committees Agenda Additions: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. Consent: 1. Bid #12-76 Peterbilt of Fort Smith: A resolution awarding Bid #12-76 and authorizing a contract with Peterbilt of Fort Smith in the amount of$499,366.00 for the purchase of two (2) front load refuse trucks for use by the Solid Waste Division, and approving a budget adjustment. 2. Bid #12-77 Terex Equipment Services: A resolution awarding Bid #12-77 and authorizing a contract with Terex Equipment Services in the amount of $83,284.00 for the purchase of two (2) heavy duty 4X4 pickup trucks for use by the Fire Department. 3. Nature Trail Naming at Lake Fayetteville Environmental Study Center: A resolution approving the names of Lakeside Trail, Hilltop Trail, Old Field Trail and Wagon Wheel cutoff for trails within the Lake Fayetteville Environmental Study Center area. 4. Federal and State Law Enforcement Forfeiture Revenue: A resolution approving a budget adjustment in the amount of $133,320.00 representing federal and state law enforcement forfeiture revenue received during the third and fourth quarters of 2012 and establishing a corresponding expense budget. 5. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of$1,600.00 representing donation revenue to the Fayetteville Police Department during the third and fourth quarters of 2012 in support of general recognition and officer service awards. 6. Community Services Division Donation Revenue: A resolution approving a budget adjustment in the total amount of$1,968.00 representing citizen donation revenue for the Ranger's Pantry Pet Food Bank and donation revenue from the Fraternal Order of Police for the Senior Giving Tree event. 7. Community Development Block Grant Housing Program: A resolution approving a budget adjustment in the amount of $2,218.00 representing a Community Development Block Grant Housing Program lien payoff. 8. Rule D. 4 Reconsideration: A resolution to amend D. Procedures and Parliamentary Rules Subsection 4. Reconsideration of the City Council Rules of Order and Procedure to clarify that only a council member who voted on the prevailing side can move to reconsider a motion. 9. Post-Issuance Tax Compliance Procedures: A resolution to authorize and adopt Post- Issuance Tax Compliance Procedures to be followed in connection with each issue of tax- exempt bonds by the City. 10. Beaver Water District Agreement: A resolution approving an agreement with Beaver Water District related to protection of and nutrient reduction in the Beaver Lake Watershed. 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. Raze and Removal 320 W. North Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Robert W. Wilkes located at 320 W. North Street in the City of Fayetteville, Arkansas, and approving a budget adjustment. D. New Business: 1. RZN 12-4250 Rezone (Parks and Recreation): An ordinance rezoning the properties described in rezoning petition RZN 12-4250, for fourteen City of Fayetteville Parks and Trail Corridors on approximately 110.91 acres, located throughout the City from multiple zoning districts to P-1, Institutional. 2. RZN 12-4253 (1932 and 2052 S. Garland Ave./Lifesource): An ordinance rezoning that property described in rezoning petition RZN 12-4253, for approximately 3.64 acres, located at 1932 and 2052 South Garland Avenue from RSF-4, Residential Single-Family, 4 units per acre and I-1, Heavy Commercial and Light Industrial, to P-1, Institutional. 3. Smith Two-Way Radio, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Smith Two-Way Radio, Inc. in the total amount of $29,475.65 to configure and program existing radio equipment for implementation of a conventional back-up radio system. 4. Motorola Solutions, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a two-year contract with Motorola Solutions, Inc. in the total amount of$73,974.00 plus applicable taxes for radio maintenance to the City's Motorola simulcast radio system. 5. C & L Landfill Site: A resolution to place deed restrictions in the title to city property that was the C & L Landfill site to comply with the Arkansas Department of Environmental Quality landfill closure regulations. 6. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2013 contingent on the approval of funds in the 2013 Annual City Budget and Work Program. 7. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2013, contingent on the approval of funds in the 2013 Annual City Budget and Work program. 8. Amend Section 31.16 Aldermen Compensation: An ordinance amending Section 31.16 Aldermen Compensation of the Code of Fayetteville to alter the monthly compensation received by members of the City Council. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. Granicus, Inc Contract—Paperless Agenda: An ordinance waving the requirements of formal competitive bidding and approving a contract with Granicus, Inc. in the total amount of $32,325.00 for fully integrated web streaming and paperless agenda routing services. 10. Parking Deck Project Fund: A resolution approving a budget adjustment to the 2013 Annual Budget in the amount of $6,600,000.00 to provide for the construction of a parking deck facility in the Dickson Street Entertainment District and creating a Parking Deck Project Fund. 11. Garver, LLC - Dickson Street Entertainment District Parking Deck: A resolution approving a contract amendment with Garver, LLC in an amount not to exceed $675,000.00 for the design of the Dickson Street Entertainment District Parking Deck, and approving a project contingency of $20,000.00, all contingent upon the approval of the funding in the 2013 Annual Budget. 12. Amend §31.17 Mayor's Compensation of the Fayetteville Code: An ordinance to amend §31.17 Mayor's Compensation of the Fayetteville Code to allow a Mayor to waive in writing the salary adjustment required by (B). E. City Council Agenda Session Presentations: None F. City Council Tour: None G. Announcements: Adjournment: 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 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 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 aides 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 C. 1 �1 Raze and Removal W. North Street Add Additional Information .. Page 1 of 2 RESOLUTION NO. A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY ROBERT W. WILKES LOCATED AT 320 W. NORTH STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, Robert W. Wilkes is the record owner of the real property situated at 320 W. North Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-10576-000; and, WHEREAS, the City Council has determined that the structure located on said property is dilapidated,unsightly,unsafe, and detrimental to the public welfare; and, WHEREAS, Robert W. Wilkes, having been properly served with a Violation Notice via Certified Mail, Return Receipt Requested, and given thirty(30) days to correct said violation, has refused to repair, or raze and remove said dilapidated,unsightly, and unsafe structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That, by the authority granted pursuant to A.C.A. §14-56-203, and in accordance with the provisions of Ordinance No. 3948 of 1996, Robert W. Wilkes is hereby ordered to raze and remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real property. The manner of removing said structure shall be: dismantle by hand or bulldozer, and haul all debris to a landfill. Section 2: That, if Robert W. Wilkes does not comply with this order, the Mayor is hereby directed to cause the dilapidated, unsightly, and unsafe structure to be razed and removed; and a lien against the real property shall be granted and given the City, pursuant to A.C.A. §14- 54-904, for the costs associated therewith. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit"A". PASSED and APPROVED this 18th day of December, 2012. APPROVED: ATTEST: By: By. LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C. f Raze and Removal 320 W. North Street Additional Information Page 2 of 2 Northwest Arkansas Economic ery ent District °'�" dditi6�ia'Y64kmation CONTRACT Page 1 of 4 Between The City of Fayetteville and the Northwest Arkansas Economic Development District(NWAEDD) WHEREAS, the Northwest Arkansas Economic Development District (NWAEDD) is uniquely qualified to provide the full range of public recreation opportunities to the senior citizens of Fayetteville; and, WHEREAS, it is in the best interest of the City of Fayetteville and its citizens to provide operating revenues to the NWAEDD in consideration for the substantial recreational programs provided by the NWAEDD to the senior citizens of Fayetteville. NOW,THEREFORE,IT IS AGREED: The City of Fayetteville shall provide the sum of$4,445.83 monthly to the NWAEDD throughout the year of 2013 in consideration of the following duties and obligations to be preformed by the NWAEDD: A. The NWAEDD shall be responsible for providing staff, programming, promotion, and development for Walker Park's Fayetteville Senior Activity and Wellness Center and Hillcrest Towers Community Center. NWAEDD agrees to use funding from the City to pay for recreational programs designed specifically for senior citizens. B. NWAEDD shall make substantial portions of its programs or facilities available to Fayetteville citizens (the public) at little or no cost for the needy senior citizens. NWAEDD shall report on a quarterly basis the approximate number of Fayetteville citizens served by its programs. C. NWAEDD shall provide Walker Park's Fayetteville Senior Activity and Wellness Center as an emergency shelter when deemed necessary by the City of Fayetteville. D. The NWAEDD shall follow the general Working Procedures and Responsibilities for the City of Fayetteville Parks and Recreation Division and the NWAEDD which is attached as Exhibit A,and is made a part hereof, as if set forth word for word in its entirety. CITY OF FAYETTEVILLE BY: LIONELD JORDAN, Mayor NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT BY: ATTEST: Title BY: Sondra E. Smith, City Clerk/Treasurer