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HomeMy WebLinkAbout2014-01-07 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward 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 January 07, 2014 A meeting of the Fayetteville City Council will be held on January 07, 2014 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: 1. Election of Vice Mayor ALDERMAN KINION WAS ELECTED VICE MAYOR 2. Housing Authority Board of Commissioners — The Commission recommends the appointment of Carma Unruh term ending 12/28/18 APPROVED 3. Firemen's Pension and Relief Fund and Policemen's Pension and Relief Fund Report to the Council—Mayor Lioneld Jordan 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. Approval of the December 17, 2013 City Council meeting minutes. APPROVED 2. Water and Sewer Operations Facility Rain Garden: A resolution to approve and accept a grant of up to $2,800.00 to pay for the installation of a rain garden at the City Water and Sewer Operations Facility and to approve the attached budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 01-14 3. Rain Garden Project: A resolution to approve and accept six grant awards from the Rain Garden Project in the amount up to $15,000.00 to pay for the installation of four rain gardens at the Noland Wastewater Plant and two rain gardens at the West Side Wastewater Plant and to approve the attached budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 02-14 4. Stephens, Inc.: A resolution to approve a contract with Stephens, Inc. to approve bond underwriting and related services as needed through December 31, 2018. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 03-14 5. Kutak Rock, LLP: A resolution to approve a contract with Kutak Rock, LLP to approve bond counsel services as needed through December 31, 2018. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 04-14 6. Bid #14-02 Asphalt Striping Service, LLC: A resolution awarding Bid #14-02 and authorizing the purchase from Asphalt Striping Service, LLC of reflectorized paint markings in variable amounts for the Transportation Division as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 05-14 7. Bid #14-03 Curb and Gutter Construction: A resolution to award Bid #14-03 and authorizing the purchase of curb and gutter construction from Sweetser Construction, Inc. as primary supplier and Fochtman Enterprises, Inc. as secondary supplier of variable amounts of curb and gutter construction and authorizing the use of other bidders based upon price and availability throughout 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 06-14 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 8. Bid #14-04 Hillside Gravel: A resolution awarding Bid #14-04 and authorizing the purchase of hillside gravel from Leming & Son Trucking, Inc. for materials picked up and Les Rogers, Inc. for materials delivered for variable unit prices and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 07-14 9. Bid #14-05 Concrete: A resolution awarding Bid #14-05 and authorizing the purchase of concrete from Tune Concrete Company as a primary supplier and Beaver Lake Concrete, Inc. as secondary supplier in variable amounts and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 08-14 10. Bid#14-06 Truck Hauling Services: A resolution awarding Bid#14-06 and authorizing the purchase of truck hauling services from Les Rogers, Inc., as primary supplier and Leming & Son Trucking as secondary supplier for variable unit prices and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 09-14 11. Bid #14-07 Aggregate Materials: A resolution awarding Bid #14-07 and authorizing the purchase of aggregate materials for varying unit prices from various vendors, as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 10-14 12. Bid #14-09 Drainage Pipe: A resolution awarding Bid #14-09 and authorizing the purchase of drainage pipe for varying unit prices from various vendors, as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 11-14 13. Bid #14-10 Crushed Rock Salt: A resolution awarding Bid #14-10 and authorizing the purchase of crushed rock salt from North American Salt Company in the amount of $76.16 per ton, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 12-14 14. Bid # 14-11 Topsoil: A resolution awarding Bid #14-11 and authorizing the purchase of topsoil from Les Rogers, Inc. in the amount of$10.69 per cubic yard in variable amounts and authorizing the use of other bidders based on price and availability, as needed in calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 13-14 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 15. Arkansas Firewise Grant: A resolution to accept an Arkansas Firewise Grant for 2013 in the amount of $500.00 to be used for minor equipment and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 14-14 16. Clinton Foundation's Building Retrofit Home Energy Affordability Loan Program: A resolution to approve a Memorandum of Understanding with and to pay $5,000.00 to the Clinton Foundation's Building Retrofit Home Energy Affordability Loan Program and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 15-14 17. Plante and Moran, PLLC: A resolution to approve a contract with Plante and Moran, PLLC for information technology services in the amount of$101,400.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 16-14 18. Amend Resolution No. 144-13 Hughmount Developers: A resolution to amend Resolution No. 144-13 which had approved an amended agreement with the Hughmount Developers to allow access to City of Fayetteville sewerage system in order to approve a second amended agreement. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 17-14 19. ADM 13-4566 (3145 W. Salem Rd./Raven Lane Amendment): A resolution for ADM 13-4566 amending the Master Street Plan relocating Raven Lane, a collector street, approximately 150 feet to the east of the existing residence at 3145 Salem Road, as described and depicted in the attached map. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 18-14 B. Unfinished Business: 1. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that property described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S. Razorback Road from 1-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare. This ordinance was left on the First Reading at the December 17, 2013 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING AND TABLED TO THE FEBRUARY 4, 2014 CITY COUNCIL MEETING 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. 2014 Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during calendar year 2014 for the purchase of asphalt materials for use by the Transportation Division, but requiring informal quarterly bids or quotes. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5644 2. Watershed Conservation Resource Center Memorandum of Understanding: An ordinance waiving the requirements of formal competitive bidding and approving a five year Memorandum of Understanding with the Watershed Conservation Resource Center to jointly seek funding and use such funding to design and construct stream restoration projects. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5645 3. VAC 13-4544 (Harvey's Hill/Center and Duncan): An ordinance approving VAC 13- 4544 submitted by McClelland Consulting Engineers for property located at the intersection of West Center Street and South Hill Avenue to vacate a utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5646 4. RZN 13-4546 (4377 Huntsville Rd./Baldwin Church of Christ): An ordinance rezoning that property described in rezoning petition RZN 13-4546, for approximately 2.07 acres, located at 4377 Huntsville Road from RSF-4, Residential Single-Family, 4 units per acre, to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5647 5. RZN 13-4547 (MLK/Beechwood/Easton): An ordinance rezoning that property described in rezoning petition RZN 13-4547, for approximately 1.54 acres, located at 1541/1555/1561 Martin Luther King Boulevard from I-1, Heavy Commercial/Light Industrial, to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5648 6. RZN 13-4548 (McMillan Estates): An ordinance rezoning that property described in rezoning petition RZN 13-4548, for approximately 19.61 acres, located at the southeast corner of 1-540 and Wedington Drive from C-2, Thoroughfare Commercial, to UT, Urban Thoroughfare. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5649 7. RZN 13-4552 (Park West): An ordinance rezoning that property described in rezoning petition RZN 13-4552, for approximately 25.90 acres, located at Hwy 112, north of Truckers Drive from R-PZD Park West, to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5650 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 8. RZN 13-4553 (Wedington Circle): An ordinance rezoning that property described in rezoning petition RZN 13-4553, for approximately 6.12 acres, located west of Wedington Drive and Garland Avenue from R-PZD Wedington Circle, to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5651 D. City Council Agenda Session Presentations: 1. Entertainment District/Spring Street Parking Deck Update: David Jurgens, Utilities Director E. City Council Tour: F. Announcements: Adjournment: 6:57 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: January 7,2014 Adjourn: Subject: Roll limon ✓ Petty Tennant Qbimt Schoppmeyer I ✓ J` 04A.A Adams ahsel awl & Long ✓ 4"u Ge" Gray ✓ Marsh ✓ Mayor Jordan 7-0 Subject: Election of Vice Mayor Motion To: ✓11" rArPA Motion By: G' Seconded: pp: ro union t Petty aaw Tennant (�s Il,Nfa/t Schoppmeyer Kldl? es Leta Adams Pte . ACEJ"p Long K 'Ar rl dirt Chu 1A 4609 ,,, Gray �im rg,s Marsh Ke�ir*as Mayor Jordan City Council Meeting: January 7,2014 Subject: Housing Authority Board of Commissioners Motion To: Motion By: Seconded: Ch L. Kinion Petty Tennant Schoppmeyer roy� Adams � - Long Gray Marsh Mayor Jordan 1o'a Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: January 7,2014 Subject: Consent Motion To: Motion By: Seconded: Kinion Petty ✓ Tennant Ste¢ �p�pewdu� Schoppmeyer vo' par Adams $ Long ✓ Gray ✓ Marsh _W Mayor Jordan s® Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams LJLong Gray Marsh Mayor Jordan City Council Meeting: January 7,2014 Subject: RZN 13-4538 (Razorback RoadNictory Commons) Motion To: Ad AJ 5 1 - /Y>atAA W, t6 Motion By: Seconded: B. 1 Kinion ✓ Unfinished Petty ✓ Business Tennant ( 5 Schoppmeyer e/ ✓ Adams Gt 6sF Stu Long ✓ ✓ Gray TqL✓� Marsh ✓ "/ ` Mayor Jordan Subject: N14 Motion To: Motion By: Seconded: B 2 Kinion Unfinished Petty Business Tennant Scboppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: January 7,2014 Subject: 2014 Asphalt Materials Motion To: ndp 3 rot . � Motion By: p✓ti0✓� /V G Seconded: ;o,7 C. 1 Kinion ✓ ✓ New Petty Business Tennant 5 a5&J Schoppmeyer ✓ ,� Adams OA f Long ✓ ✓ Gray ✓ ✓ ✓ Marsh � '� ✓ `� Mayor Jordan Subject: Watershed Conservation Resource Center Memorandum of Understanding Motion To: rd J q.a., Motion By: n Seconded: C. 2 Kinion ✓ ✓ ✓ New Petty ✓' ✓p '� Business Tennant (� jghJP Schoppmeyer ✓` ✓ Adams aSenf G� Long r ✓ /` Gray ✓ ,� Marsh ✓ ✓ 5105 Mayor Jordan City Council Meeting: January 7,2014 Subject: VAC 13-4544(Harvey's Hill/Center and Duncan) Motion To: 3 Motion By: Seconded: C. 3 funion ✓- / �/ New Petty ✓ ✓ ✓ Business Tennant Q�SCvt) Schoppmeyer Vol" a O Adams Q4Sa Long '� ✓ Gray ✓ ✓ ,,� Marsh UUMayor Jordan Subject: RZN 13-4546 (4377 Huntsville Rd.Baldwin/Church of Christ) Motion To: d rp B11al Motion By: Ana iQA �no4n Seconded: M I� C. 4 Kinion ✓ ✓ New Petty U s .k-damn d.4L Mfe ✓ rf Business Tennant G(�Sp,� brow* Schoppmeyer / / W✓ �ass�a Adams G�SPa+ Q�36t+1" �'d rew� Long Gray ,/ 'r ✓ Marsh ✓ '� Mayor Jordan City Council Meeting: January 7,2014 Subject: RZN 13-4547(MLK/Beechwood/Easton) Motion To: Motion By: Seconded: C. 5 Kinion New Petty ✓ Business Tennant akseli Schoppmeyer We- Adams /Adams Atm Chn,! Long ✓ �/ ✓ Gray Marsh 'f `✓ Mayor Jordan Subject: RZN 13-4548 (McMillan Estates) Motion To: rpj r Motion By: 6 !— Seconded: C. 6 Kinion ✓ ✓ ✓ New Petty ✓ ✓` '� Business Tennant E iMAt,HJ- Schoppmeyer ✓ ✓ Pte- Adams (,L4Jea- Long Gray ✓" �'r- ✓ Marsh ram Mayor Jordan City Council Meeting: January 7,2014 Subject: RZN 13-4552 (Park West) Motion To: caA d r _/ Motion By: Gi Seconded: ',qn C. 7 Kinion ,/ New Petty ✓ ✓ Business Tennant AS 6 p ,l Schoppmeyer ,/ ",/ Vol, Adams 4459--k Gw (Lfi¢Gs, Long ✓ ✓ Gray ✓ ✓ Marsh ✓'� ✓ Mayor Jordan &-0 to-a Subject: RZN 13-4553 (Wedington Circle) Motion To: A n ) a Motion By: IV IlR2wd Seconded: �p C. 8 Kimon New Petty '✓ ✓ '✓ Business Tennant to vS Gds Schoppmeyer ✓ ✓ ✓ P Adams A-b4ent µvdb+t Long ✓ ✓ Gray r✓ ✓ Marsh ✓ 5 Mayor Jordan _© b -a 6 -0 ayVelle Departmental Correspondence ARKANSAS LEGAL • • DEPARTMENT Kit Williams CityAttorney Jason B.Kelley TO: Mayor Jordan Assistant City Attorney THRU: Sondra Smith, CityClerk FROM: Kit Williams, City Attorney DATE: January 8,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of January 7, 2014 1. Water and Sewer Operations Facility Rain Garden: A resolution to approve and accept a grant of up to $2,800.00 to pay for the installation of a rain garden at the City Water and Sewer Operations Facility and to approve the attached budget adjustment. 2. Rain Garden Project: A resolution to approve and accept six grant awards from the Rain Garden Project in the amount up to $15,000.00 to pay for the installation of four rain gardens at the Noland Wastewater Plant and two rain gardens at the West Side Wastewater Plant and to approve the attached budget adjustment. 3. Stephens, Inc.: A resolution to approve a contract with Stephens, Inc. to approve bond underwriting and related services as needed through December 31, 2018. 4. Kutak Rock, LLP: A resolution to approve a contract with Kutak Rock, LLP to approve bond counsel services as needed through December 31, 2018. 5. Bid #14-02 Asphalt Striping Service, LLC: A resolution awarding Bid #14-02 and authorizing the purchase from Asphalt Striping Service, LLC of reflectorized paint markings in variable amounts for the Transportation Division as needed through the end of calendar year 2014. 6. Bid #14-03 Curb and Gutter Construction: A resolution to award Bid #14-03 and authorizing the purchase of curb and gutter construction from Sweetser Construction, Inc. as primary supplier and Fochtman Enterprises, Inc. as secondary supplier of variable amounts of curb and gutter construction and authorizing the use of other bidders based upon price and availability throughout 2014. 7. Bid #14-04 Hillside Gravel: A resolution awarding Bid 914-04 and authorizing the purchase of hillside gravel from Leming & Son Trucking, Inc. for materials picked up and Les Rogers, Inc. for materials delivered for variable unit prices and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. 8. Bid #14-05 Concrete: A resolution awarding Bid #14-05 and authorizing the purchase of concrete from Tune Concrete Company as a primary supplier and Beaver Lake Concrete, Inc. as secondary supplier in variable amounts and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. 9. Bid#14-06 Truck Hauling Services: A resolution awarding Bid #14-06 and authorizing the purchase of truck hauling services from Les Rogers, Inc., as primary supplier and Leming & Son Trucking as secondary supplier for variable unit prices and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. 10. Bid 914-07 Aggregate Materials: A resolution awarding Bid #14-07 and authorizing the purchase of aggregate materials for varying unit prices from various vendors, as needed through the end of calendar year 2014. 11. Bid #14-09 Drainage Pipe: A resolution awarding Bid #14-09 and authorizing the purchase of drainage pipe for varying unit prices from various vendors, as needed through the end of calendar year 2014. 12. Bid #14-10 Crushed Rock Salt: A resolution awarding Bid #14-10 and authorizing the purchase of crushed rock salt from North American Salt Company in the amount of $76.16 per ton, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2014. 13.Bid # 14-11 Topsoil: A resolution awarding Bid #14-11 and authorizing the purchase of topsoil from Les Rogers, Inc. in the amount of$10.69 per cubic yard in variable amounts and authorizing the use of other bidders based on price and availability, as needed in calendar year 2014. 14. Arkansas Firewise Grant: A resolution to accept an Arkansas Firewise Grant for 2013 in the amount of $500.00 to be used for minor equipment and to approve a budget adjustment. 15. Clinton Foundation's Building Retrofit Home Energy Affordability Loan Program: A resolution to approve a Memorandum of Understanding with and to pay $5,000.00 to the Clinton Foundation's Building Retrofit Home Energy Affordability Loan Program and to approve a budget adjustment. 16. Plante and Moran, PLLC: A resolution to approve a contract with Plante and Moran, PLLC for information technology services in the amount of$101,400.00. 2 17. Amend Resolution No. 144-13 Hughmount Developers: A resolution to amend Resolution No. 144-13 which had approved an amended agreement with the Hughmount Developers to allow access to City of Fayetteville sewerage system in order to approve a second amended agreement. 18. 2014 Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during calendar year 2014 for the purchase of asphalt materials for use by the Transportation Division, but requiring informal quarterly bids or quotes. 19. Watershed Conservation Resource Center Memorandum of Understanding: An ordinance waiving the requirements of formal competitive bidding and approving a five year Memorandum of Understanding with the Watershed Conservation Resource Center to jointly seek funding and use such funding to design and construct stream restoration projects. 3 Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward 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 January 07, 2014 A meeting of the Fayetteville City Council will be held on January 07, 2014 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: 1. Election of Vice Mayor 2. Housing Authority Board of Commissioners — The Commission recommends the appointment of Carma Unruh term ending 12/28/18 3. Firemen's Pension and Relief Fund and Policemen's Pension and Relief Fund Report to the Council—Mayor Lioneld Jordan Agenda Additions: A. Consent: 1. Approval of the December 17, 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. Water and Sewer Operations Facility Rain Garden: A resolution to approve and accept a grant of up to $2,800.00 to pay for the installation of a rain garden at the City Water and Sewer Operations Facility and to approve the attached budget adjustment. 3. Rain Garden Project: A resolution to approve and accept six grant awards from the Rain Garden Project in the amount up to $15,000.00 to pay for the installation of four rain gardens at the Noland Wastewater Plant and two rain gardens at the West Side Wastewater Plant and to approve the attached budget adjustment. 4. Stephens, Inc.: A resolution to approve a contract with Stephens, Inc. to approve bond underwriting and related services as needed through December 31, 2018. 5. Kutak Rock, LLP: A resolution to approve a contract with Kutak Rock, LLP to approve bond counsel services as needed through December 31, 2018. 6. Bid #14-02 Asphalt Striping Service, LLC: A resolution awarding Bid #14-02 and authorizing the purchase from Asphalt Striping Service, LLC of reflectorized paint markings in variable amounts for the Transportation Division as needed through the end of calendar year 2014. 7. Bid #14-03 Curb and Gutter Construction: A resolution to award Bid #14-03 and authorizing the purchase of curb and gutter construction from Sweetser Construction, Inc. as primary supplier and Fochtman Enterprises, Inc. as secondary supplier of variable amounts of curb and gutter construction and authorizing the use of other bidders based upon price and availability throughout 2014. 8. Bid #14-04 Hillside Gravel: A resolution awarding Bid #14-04 and authorizing the purchase of hillside gravel from Leming & Son Trucking, Inc. for materials picked up and Les Rogers, Inc. for materials delivered for variable unit prices and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. 9. Bid #14-05 Concrete: A resolution awarding Bid #14-05 and authorizing the purchase of concrete from Tune Concrete Company as a primary supplier and Beaver Lake Concrete, Inc. as secondary supplier in variable amounts and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. 10. Bid#14-06 Truck Hauling Services: A resolution awarding Bid#14-06 and authorizing the purchase of truck hauling services from Les Rogers, Inc., as primary supplier and Leming & Son Trucking as secondary supplier for variable unit prices and authorizing the use of other bidders based on price and availability as needed through the end of calendar year 2014. 11. Bid #14-07 Aggregate Materials: A resolution awarding Bid #14-07 and authorizing the purchase of aggregate materials for varying unit prices from various vendors, as needed through the end of calendar year 2014. 12. Bid #14-09 Drainage Pipe: A resolution awarding Bid #14-09 and authorizing the purchase of drainage pipe for varying unit prices from various vendors, as needed through the end of calendar year 2014. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 13. Bid #14-10 Crushed Rock Salt: A resolution awarding Bid #14-10 and authorizing the purchase of crushed rock salt from North American Salt Company in the amount of $76.16 per ton, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2014. 14. Bid # 14-11 Topsoil: A resolution awarding Bid #14-11 and authorizing the purchase of topsoil from Les Rogers, Inc. in the amount of$10.69 per cubic yard in variable amounts and authorizing the use of other bidders based on price and availability, as needed in calendar year 2014. 15. Arkansas Firewise Grant: A resolution to accept an Arkansas Firewise Grant for 2013 in the amount of $500.00 to be used for minor equipment and to approve a budget adjustment. 16. Clinton Foundation's Building Retrofit Home Energy Affordability Loan Program: A resolution to approve a Memorandum of Understanding with and to pay $5,000.00 to the Clinton Foundation's Building Retrofit Home Energy Affordability Loan Program and to approve a budget adjustment. 17. Plante and Moran, PLLC: A resolution to approve a contract with Plante and Moran, PLLC for information technology services in the amount of$101,400.00. 18. Amend Resolution No. 144-13 Hughmount Developers: A resolution to amend Resolution No. 144-13 which had approved an amended agreement with the Hughmount Developers to allow access to City of Fayetteville sewerage system in order to approve a second amended agreement. 19. ADM 13-4566 (3145 W. Salem Rd./Raven Lane Amendment): A resolution for ADM 13-4566 amending the Master Street Plan relocating Raven Lane, a collector street, approximately 150 feet to the east of the existing residence at 3145 Salem Road, as described and depicted in the attached map. B. Unfinished Business: 1. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that property described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S. Razorback Road from 1-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare. This ordinance was left on the First Reading at the December 17, 2013 City Council meeting. Left on the First Reading C. New Business: 1. 2014 Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during calendar year 2014 for the purchase of asphalt materials for use by the Transportation Division, but requiring informal quarterly bids or quotes. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Watershed Conservation Resource Center Memorandum of Understanding: An ordinance waiving the requirements of formal competitive bidding and approving a five year Memorandum of Understanding with the Watershed Conservation Resource Center to jointly seek funding and use such funding to design and construct stream restoration projects. 3. VAC 13-4544 (Harvey's Hilt/Center and Duncan): An ordinance approving VAC 13- 4544 submitted by McClelland Consulting Engineers for property located at the intersection of West Center Street and South Hill Avenue to vacate a utility easement. 4. RZN 13-4546 (4377 Huntsville Rd./Baldwin Church of Christ): An ordinance rezoning that property described in rezoning petition RZN 13-4546, for approximately 2.07 acres, located at 4377 Huntsville Road from RSF-4, Residential Single-Family, 4 units per acre, to P-1, Institutional. 5. RZN 13-4547 (MLK/Beechwood/Easton): An ordinance rezoning that property described in rezoning petition RZN 13-4547, for approximately 1.54 acres, located at 1541/1555/1561 Martin Luther King Boulevard from I-1, Heavy Commercial/Light Industrial, to CS, Community Services. 6. RZN 13-4548 (McMillan Estates): An ordinance rezoning that property described in rezoning petition RZN 13-4548, for approximately 19.61 acres, located at the southeast comer of I-540 and Wedington Drive from C-2, Thoroughfare Commercial, to UT, Urban Thoroughfare. 7. RZN 13-4552 (Park West): An ordinance rezoning that property described in rezoning petition RZN 13-4552, for approximately 25.90 acres, located at Hwy 112, north of Truckers Drive from R-PZD Park West, to CS, Community Services. 8. RZN 13-4553 (Wedington Circle): An ordinance rezoning that property described in rezoning petition RZN 13-4553, for approximately 6.12 acres, located west of Wedington Drive and Garland Avenue from R-PZD Wedington Circle, to CS, Community Services. D. City Council Agenda Session Presentations: 1. Entertainment District/Spring Street Parking Deck Update: David Jurgens, Utilities Director E. City Council Tour: F. 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. 18 Amend Resolution No. 144-13 Hughmount Developers Page 1 of 4 AGENDA REQUEST FOR: COUNCIL MEETING OF JANUARY 7, 2014 FROM: ALDERMAN ADELLA GRAY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AMEND RESOLUTION NO. 144-13 TO APPROVE A SECOND AMENDED AGREMENT WITH THE HUGHMOUNT DEVELOPERS APPROVED FOR AGENDA: ld an Adella J y Date C/C December 26, 2013 City Attorney Kit Williams Date (as to form) A. 18 Amend Resolution No. 144-13 Hughmount Developers Page 2 of 4 EXHIBIT "A" SECOND AMENDMENT TO AGREEMENT TO ALLOW ACCESS TO CITY SEWERAGE SYSYTEM AND TO IMPOSE DEVELOPMENT REQUIREMENTS WHEREAS, the developers/owners of Hughmount Village, whose project is close to, but outside the Fayetteville city limits, desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant owners/developers of Hughmount Village (or any similarly situated development) any advantage over owners/ developers who will build and develop property within the City of Fayetteville; and WHEREAS, on September 4, 2012, the City Council of the City of Fayetteville passed Resolution NO. 183-12 permitting such access, but the terms of the Contract were incompatible with the Conditional Use Permit issued for this development by Washington County so that an Amended Agreement was needed and approved by Resolution NO. 144-13 on June 18, 2013; and WHEREAS, the Developer now needs to remove the alleys from his development to be able to sell his lots and so slightly redesigned his plat which was approved by the Washington County Planning Board which granted a new Conditional Use for Project#2013-155, and WHEREAS, the City of Fayetteville is willing to allow developers/owners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as granted by the Conditional Use Permit approved by the Washington County Planning Board for Project#2013-155. (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville. (4) Pay for all normal permits and application fees at the normal time including preliminary/final plat, building fees for each structure, and water, sewer,police,and fire impact fees. (5) To satisfy normal parkland dedication requirements,the City of Fayetteville Parks Board approved the dedication of 3.169 acres of land within Common Property 9 at their September 10, 2012 meeting. The exact limits of the park land dedication will be located west of the tree preservation area and will be determined at the Final Plat after drainage and utility improvements are constructed. In addition,the Developer shall dedicate a trail easement A. 18 Amend Resolution No. 144-13 Hughmount Developers Page 3 of 4 sufficient to connect from the crosswalk at Common Property 8 at Cotton Willow Drive to the southern border of the property to meet a possible trail extension from the south from the Clabber Creek Trail. This trail and parkland shall remain the developer's or Property Owners Association's duty to maintain in good condition(which duty shall be in an irrevocable restrictive covenant in each property's deed until and unless this entire parcel has been annexed into the City of Fayetteville). (6) Construct all infrastructure (except alleys which are no longer required to be constructed in Project #2013-155): streets, drainage, sidewalks, water and sewer mains to City of Fayetteville and Washington County standards as previously approved by the Fayetteville Planning Commission on March 25, 2013 (PPL 13-4304) and by the Washington County Planning Board on May 2, 2013 (Project #2013-024) and recently amended by the Washington County Planning Board to Project #2013-155. Water and sewer infrastructure is to be dedicated to the City of Fayetteville, street and drainage infrastructure is to be dedicated to Washington County. HUGHMOUNT VILLAGE OWNERS/DEVELOPERS, in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed development, do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits. Further developers/owners of Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of Hughmount Village sign below. HUGHMOUNT VILLAGE CITY OF FAYETTEVILLE, DEVELOPERS/OWNERS ARKANSAS By: By: Phil Phillips ddd Lioneld Jordan, Mayor Title: Attest: Sondra E. Smith, City Clerk Date Signed: /2 2?— 13 Date Signed: A. 18 Amend Resolution No. 144-13 Hughmount Developers Page 4 of 4 City Council Meeting Minutes December 17,2013 Page 1 of 26 Aldermen Mayor Lioneld Jordan _ Ward 1 Position 1—Adella Gray 1 Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams a e eV i e Ward 2 Position 1 —Mark w PettyWard 2 Position 2—Mattheew Pe 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 City of Fayetteville Arkansas City Council Meeting Minutes December 17, 2013 A meeting of the Fayetteville City Council was held on December 17, 2013 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan asked the students from Ms. Shay Hopper's Woodland Junior High School 9th Grade Pre-AP Civics class to stand and be recognized. Don Marr, Chief of Staff presented an award to the City of Fayetteville Information Technology Department. He stated the National League of Cities selected the City of Fayetteville in our population category. They selected ten of the top cities for the use of technology, citizen engagement, ability to interact with the public, both in transactions through electronic means. The City of Fayetteville came in second only to Palo Alto, California in the Silicon Valley. He stated we are extremely proud of our IT Department. We received kudos for the creative minds at the city. This is a huge award and we are extremely proud of their work. We would also like to thank the Council for your budget authorizations in technologies over the last several years. We appreciate your support. City Council Meeting Presentations, Reports and Discussion Items: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 17,2013 Page 2 of 26 City Board of Health — Appointments must be made by the mayor and approved by the City Council to serve during the term of the appointing mayor. Mayor Jordan read the City Board of Health appointment and recommended Shana Kasparek. A copy of the report is attached. Public Facilities Board - Members must be nominated by a majority of the board and appointed by the mayor subject to confirmation of the governing body of the City. Mayor Jordan read the Public Facilities Board appointment and recommended Hugh Earnest. A copy of the report is attached. Nominating Committee Report: Alderman Gray read the Nominating Committee Report and recommended the appointments as submitted. A copy of the report is attached. Alderman Gray moved to approve the Nominating Committee Report,City Board of Health appointment and the Public Facilities Board appointment. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions: None Consent: Approval of the December 03, 2013 City Council meeting minutes. Approved Police Department Policy: A resolution approving Fayetteville Police Department policy 41.2.9 Foot Pursuit. Resolution 249-13 as recorded in the office of the City Clerk Cruse Uniform and Equipment, Inc.: A resolution awarding RFP #13-17 and approving a contract with Cruse Uniform and Equipment, Inc. to serve as quartermaster for the Police Department. Resolution 250-13 as recorded in the office of the City Clerk Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the total amount of $3,050.00 recognizing donation revenue to the Fayetteville Police 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316