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HomeMy WebLinkAbout2012-08-21 - 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 August 21, 2012 A meeting of the Fayetteville City Council will be held on August 21, 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: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the August 7, 2012 City Council meeting minutes. APPROVED 2. 2012-2013 Edward Byrne Memorial Justice Assistance Grants: A resolution authorizing acceptance of the 2012-2013 Edward Byrne Memorial Justice Assistance Grants in the total amount of$197,333.59. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. 2012 Justice Assistance Grant Local Solicitation Award: A resolution authorizing acceptance of a 2012 Justice Assistance Grant Local Solicitation Award in the amount of $72,707.00 for the Police Department, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-12 4. Bid #12-57 Williams Tractor: A resolution awarding Bid #12-57 and authorizing the purchase of one (1) round baler from Williams Tractor of Fayetteville in the total amount of$27,203.00 for use by Wastewater Treatment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-12 5. Bid #12-59 Williams Tractor: A resolution awarding Bid #12-59 and authorizing the purchase of two (2) Polaris Rangers with Kimtek transport units from Williams Tractor of Fayetteville in the total amount of $45,276.00 for use by the Fire Department, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-12 6. Bid #12-63 Hilbilt Sales Corporation-Arkansas: A resolution awarding Bid #12-63 and authorizing the purchase of one (1) end dump trailer from Hilbilt Sales Corporation- Arkansas in the total amount of $43,361.00 for use by Wastewater Treatment, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-12 7. Bid #12-64 Warrior of Arkansas: A resolution awarding Bid #12-64 and authorizing the purchase of one (1) articulated wheel loader from Warrior of Arkansas, Inc. in the total amount of $119,950.00 for use by Wastewater Treatment, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-12 8. Solid Waste Agreement Extensions: A resolution approving one (1) year extension agreements with Deffenbaugh Industries, Hog Box and Waste Management of Northwest Arkansas to haul and dispose of solid waste and recycling in the city. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-12 9. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of$14,655.00 representing donation revenue to Animal Services for the second quarter of 2012. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 170-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. Unfinished Business: 1. Amend §154.03 Private Parties/Zoning Amendment: An ordinance to amend §154.03 Private Parties/Zoning Amendment to clarify the powers of the Planning Commission and City Council when a property owner seeks rezoning. This ordinance was left on the First reading at the July 17, 2012 City Council meeting. This ordinance was left on the Second reading at the August 7, 2012 City Council meeting. TABLED UNTIL ATTORNEY GENERAL OPINION IS RECEIVED. C. New Business: 1. Amerlux Exterior, LLC: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with for the purchase of seventeen (17) streetlight poles and fixtures manufactured by Dynamic Lighting, Inc. in the total amount of $28,415.93 for installation on downtown improvement projects along Mountain Street, College Avenue, Center Street, East Avenue and Meadow Street. THIS ITEM WAS LEFT ON THE FIRST READING. 2. Seven Valley's Construction Co.: A resolution awarding Bid #12-58 and authorizing a contract with Seven Valleys Construction Co., Inc. in the amount of $1,368,379.00 for construction of water and sewer improvements along State Highway 265 between Joyce Boulevard and Albright Road, approving a project contingency of $75,000.00 and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-12 3. Sunbridge Villas Subdivision Private Street Acceptance: A resolution accepting dedication of street right-of-way and maintenance responsibility for streets in the Sunbridge Villas Subdivision from the Sunbridge Villas Property Owners Association, Inc. upon completion of the current private milling and overlay project to City standards as approved by the City Engineer. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-12 4. Proposed Employee Benefits Renewal: A resolution approving a 2013 employee benefits package. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-12 5. RZN 12-4146 (4054 W. Starry Night View/Oakbrooke III PZD): An ordinance rezoning that property described in rezoning petition RZN 12-4146, for approximately 1.80 acres, located at 4054 and 4076 West Starry Night View and 1907 North Best Friend Lane from R-PZD 09-3439 Oakbrooke III to RSF-8, Residential Single Family, 8 Units Per Acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5517 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 6. RZN 12-4164 (1420 N. Garland Ave.Bonds): An ordinance rezoning that property described in rezoning petition RZN 12-4164, for approximately 0.28 acres, located at 1420 North Garland Avenue from RMF-24, Residential Multi-Family, 24 units Per Acre to NS, Neighborhood Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5518 7. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins): An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R-A, Residential Agricultural to RSF-0.5, One Half Single-Family Units Per Acre. TABLED TO THE SEPTEMBER 18, 2012 CITY COUNCIL MEETING. 8. ADM 12-4171 (Amend UDC Ch. 166: Development): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville §166.24 to amend the applicability of non-residential design standards. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5519 City Council Tour: Announcements: Adjournment: 7:15 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: August 21, 2012 Adjourn: Subject: Roll Gray Boudreaux Kinion VIII, Gt cfetiw tw+- Petty ✓/ Tennant y OAivvkl Ferrell a la *to P M Adams Lewis t� Mayor Jordan d Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: August 21,2012 Subject: Consent Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty nlrnco Tennant r/ Va Ferrell Adams r/ Lewis Irl()_`r Mayor Jordan .7 Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: August 21,2012 Subject: Amend 154.03 Private Parties/Zoning Amendment Motion To: Motion By: Seconded- B. 1 econded:B. 1 Gray Qbsewt c2u�i� uof-� Unfinished Boudreaux ✓ Business Kinion ✓ Petty azd Tennant Ferrell Q�� Adams s/ Optn�on Lewis ,co Jtoce�utD Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis 1-1 Mayor Jordan City Council Meeting: August 21,2012 Subject: Amerlux Exterior, LLC Motion To: Motion By: Seconded: C. 1 Gray New Boudreaux Business Kinion Petty Tennant 2 Ferrell y Adams l�@Gc i Lewis (� Mayor Jordan Subject: Seven Valley's Construction Co Motion To: Motion By: d1 Seconded: C. 2 Gray New Boudreaux a/ Business Kinion (/ Petty r/ Tennant Ferrell Adams r/ Lewis Mayor Jordan "0 City Council Meeting: August 21,2012 Subject: Sunbridge Villas Subdivision Private Street Acceptance Motion To: Motion By: Seconded: fidavy C. 3 Gray New Boudreaux ✓ Business BJnion ✓ Petty ,✓ Tennant ✓ Ferrell ✓ Adams ✓ Lewis l 14� Mayor Jordan Subject: Proposed Employee Benefits Renewal A- - N� 197o Motion To: ti- a SPO G ig Motion By: Seconded: C. 4 Gray �✓ New Boudreaux Business Kinion ✓ ✓ Petty Tennant Ferrell r� Adams ✓ Lewis - I Mayor Jordan City Council Meeting: August 21,2012 Subject: RZN 12-4146 (4054 W. Starry Night View/Oakbrooke III PZD) Motion To: A Ad A2 44 Motion By: Ala T Seconded: Q� a C. 5 Gray New, Boudreaux Business Kinion ✓ s,/ Petty ✓ r✓ r/' d Tennant Vol- Ferrell Ferrell ✓ r✓ t✓ Adams ✓ r/ Lewis '✓ 66 J Mayor Jordan Subject: RZN 12-4164 (1420 N. Garland Ave./Bonds) Motion To: Motion By: Seconded: , �/r C. 6 Gray New, Boudreaux / ✓ ✓ Business Kinion b✓ r✓ �/ Petty ,/ ✓ ✓ PrJ Tennant ✓ ✓ �/ Ferrell ,/ ✓ ✓ Adams Lewis Mayor Jordan City Council Meeting: August 21,2012 Subject: RZN 12-4166 (South of Brookbury Crossing& East of Candlewood Developments/Riggins) Motion To: row b,,.4,- � Motion By: K Seconded: &v d ,z, re I. Gra C. 7 y vofe,� New Boudreaux Business Kinion ✓ ✓ Petty Tennant rdu A0 pp Ferrell ✓ ✓ d( " /8 Adams ✓ t/ a 0/J- Lewis `'� ✓ Mayor Jordan Subject: ADM 12-4171 (Amend UDC Ch. 166: Development) Motion To: A -,� 02 / ad /�P 10441JI, Motion By: J yawl's Seconded: C. 8 Gray / New Boudreaux Business Kinion �/ ✓ Petty ✓ ✓ Tennant ✓ ✓ ✓ Ferrell ✓ ✓ ✓ Adams ✓ r✓ �✓ Lewis 5IMayor Jordan ay etvLIII Departmental Correspondence LEGAL www.accessfayetteville.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 L)k _ DATE: August 22, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 22, 2012 1. 2012-2013 Edward Byrne Memorial Justice Assistance Grants: A resolution authorizing acceptance of the 2012-2013 Edward Byrne Memorial Justice Assistance Grants in the total amount of$197,333.59. 2. 2012 Justice Assistance Grant Local Solicitation Award: A resolution authorizing acceptance of a 2012 Justice Assistance Grant Local Solicitation Award in the amount of $72,707.00 for the Police Department, and approving a budget adjustment. 3. Bid #12-57 Williams Tractor: A resolution awarding Bid #12-57 and authorizing the purchase of one (1) round baler from Williams Tractor of Fayetteville in the total amount of$27,203.00 for use by Wastewater Treatment. 4. Bid #12-59 Williams Tractor: A resolution awarding Bid #12-59 and authorizing the purchase of two (2) Polaris Rangers with Kimtek transport units from Williams Tractor of Fayetteville in the total amount of$45,276.00 for use by the Fire Department, and approving a budge adjustment. 5. Bid #12-64 Warrior of Arkansas: A resolution awarding Bid #12-64 and authorizing the purchase of one (1) articulated wheel loader form Warrior of Arkansas, Inc. in the total amount of $119,950.00 for use by Wastewater Treatment, and approving a budget adjustment. 6. Solid Waste Agreement Extensions: A resolution approving one (1) year extension agreements with Deffenbaugh Industries, Hog Box and Waste Management of Northwest Arkansas to haul and dispose of solid waste and recycling in the city. 7. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of $14,655.00 representing donation revenue to Animal Services for the second quarter of 2012. 8. Bid #12-58 Seven Valley's Construction Co.: A resolution awarding Bid #12-58 and authorizing a contract with Seven Valleys Construction Co., Inc. in the amount of$1,368,379.00 for construction of water and sewer improvements along State Highway 265 between Joyce Boulevard and Albright Road, approving a project contingency of$75,000.00 and approving a budget adjustment. 9. Sunbridge Villas Subdivision Private Street Acceptance: A resolution accepting dedication of street right-of-way and maintenance responsibility for streets in the Sunbridge Villas Subdivision from the Sunbridge Villas Property Owners Association, Inc. upon completion of the current private milling and overlay project to City standards as approved by the City Engineer. 10. Proposed Employee Benefits Renewal: A resolution approving a 2013 employee benefits package. 2 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 August 21, 2012 A meeting of the Fayetteville City Council will be held on August 21, 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: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the August 7, 2012 City Council meeting minutes. 2. 2012-2013 Edward Byrne Memorial Justice Assistance Grants: A resolution authorizing acceptance of the 2012-2013 Edward Byrne Memorial Justice Assistance Grants in the total amount of$197,333.59. 3. 2012 Justice Assistance Grant Local Solicitation Award: A resolution authorizing acceptance of a 2012 Justice Assistance Grant Local Solicitation Award in the amount of $72,707.00 for the Police Department, and approving a budget adjustment. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Bid #12-57 Williams Tractor: A resolution awarding Bid #12-57 and authorizing the purchase of one (1) round baler from Williams Tractor of Fayetteville in the total amount of$27,203.00 for use by Wastewater Treatment. 5. Bid #12-59 Williams Tractor: A resolution awarding Bid #12-59 and authorizing the purchase of two (2) Polaris Rangers with Kimtek transport units from Williams Tractor of Fayetteville in the total amount of $45,276.00 for use by the Fire Department, and approving a budget adjustment. 6. Bid #12-63 Hilbilt Sales Corporation-Arkansas: A resolution awarding Bid #12-63 and authorizing the purchase of one (1) end dump trailer from Hilbilt Sales Corporation- Arkansas in the total amount of $43,361.00 for use by Wastewater Treatment, and approving a budget adjustment. 7. Bid #12-64 Warrior of Arkansas: A resolution awarding Bid #12-64 and authorizing the purchase of one (1) articulated wheel loader from Warrior of Arkansas, Inc. in the total amount of $119,950.00 for use by Wastewater Treatment, and approving a budget adjustment. 8. Solid Waste Agreement Extensions: A resolution approving one (1) year extension agreements with Deffenbaugh Industries, Hog Box and Waste Management of Northwest Arkansas to haul and dispose of solid waste and recycling in the city. 9. Animal Services Donation Revenue: A resolution approving a budget adjustment in the amount of$14,655.00 representing donation revenue to Animal Services for the second quarter of 2012. B. Unfinished Business: 1. Amend §154.03 Private Parties/Zoning Amendment: An ordinance to amend §154.03 Private Parties/Zoning Amendment to clarify the powers of the Planning Commission and City Council when a property owner seeks rezoning. This ordinance was left on the First reading at the July 17, 2012 City Council meeting. This ordinance was left on the Second reading at the August 7, 2012 City Council meeting. Left on the Second Reading C. New Business: 1. Amerlux Exterior, LLC: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with for the purchase of seventeen (17) streetlight poles and fixtures manufactured by Dynamic Lighting, Inc. in the total amount of $28,415.93 for installation on downtown improvement projects along Mountain Street, College Avenue, Center Street, East Avenue and Meadow Street. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Seven Valley's Construction Co.: A resolution awarding Bid #12-58 and authorizing a contract with Seven Valleys Construction Co., Inc. in the amount of $1,368,379.00 for construction of water and sewer improvements along State Highway 265 between Joyce Boulevard and Albright Road, approving a project contingency of $75,000.00 and approving a budget adjustment. 3. Sunbridge Villas Subdivision Private Street Acceptance: A resolution accepting dedication of street right-of-way and maintenance responsibility for streets in the Sunbridge Villas Subdivision from the Sunbridge Villas Property Owners Association, Inc. upon completion of the current private milling and overlay project to City standards as approved by the City Engineer. 4. Proposed Employee Benefits Renewal: A resolution approving a 2013 employee benefits package. 5. RZN 12-4146 (4054 W. Starry Night View/Oakbrooke III PZD): An ordinance rezoning that property described in rezoning petition RZN 12-4146, for approximately 1.80 acres, located at 4054 and 4076 West Starry Night View and 1907 North Best Friend Lane from R-PZD 09-3439 Oakbrooke III to RSF-8, Residential Single Family, 8 Units Per Acre. 6. RZN 12-4164 (1420 N. Garland Ave.Bonds): An ordinance rezoning that property described in rezoning petition RZN 12-4164, for approximately 0.28 acres, located at 1420 North Garland Avenue from RMF-24, Residential Multi-Family, 24 units Per Acre to NS, Neighborhood Services. 7. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins): An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R-A, Residential Agricultural to RSF-0.5, One Half Single-Family Units Per Acre. 8. ADM 12-4171 (Amend UDC Ch. 166: Development): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville §166.24 to amend the applicability of non-residential design standards. City Council Tour: 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 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 A.2 2012-2013 Edward Byrne Memorial Justice Assistance Grants Page 1 of 4 CERTIFICATION OF EMPLOYMENT OF QUALIFIED PERSONNEL By acceptance of this subgrant provided through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, I certify the following: 1) All personnel employed on a salaried or contractual basis, and who function as law enforcement personnel under my authority for the purposes identified in this grant will be currently certified by the Arkansas Law Enforcement Training Academy, are in training at the Arkansas Law Enforcement Training Academy, or have applied and are awaiting admission to the Academy. For those personnel who are not certified and who are awaiting admission to the Academy, agree to their participation in training activities designated as mandatory pre-Academy training by the Law Enforcement Committee of the Arkansas Alcohol and Drug Abuse Coordinating Council. 2) All personnel other than attorneys and law enforcement officers who are employed for purposes identified in this grant and who are paid from grant or grant matching funds have been determined to be qualified for the position they hold, based on my review of their education, training and experience. Lioneld Jordan Printed Name Mayor Title Signature of Contracting Official Date U.S.DEPARTMENT OF JUSTICE 2012-2013 Edward Byrne 9 OFFICE OF JUSTICE PROGRAMS Memorial Justice Assistanc Grants 1 OFFICE OF THE COMPTROLLER Page 2 of 4 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grans)."The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352,Title 31 of the U.S.Code,and public(Federal,State,or local)transaction or contract under a implemented at 28 CFR Part 69,for persons entering intoa public transaction;violation of Federal or State antitrust statutes grant or cooperative agreement over$100,000,as defined at or commission of embezzlement,theft,forgery, 28 CFR Part e9,the applicant certifies that: bribery,falsification or destruction of records,making false statements,or receiving stolen property; (a)No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or paid,by or on behalf of the undersigned,to any person for in- civilly charged by a governmental entity(Federal,State,or fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in agency,a Member of Congress,an officer or employee of paragraph(1)(b)of this certification;and Congress,or an employee of a Member of Congress in con- nection with the making of any Federal grant,the entering into (d)Have not within a three-year period preceding this applica- of any cooperative agreement, and the extension,continuation, tion had one or more public transactions(Federal,State,or renewal, amendment,or modification of any Federal grant or local)terminated for cause or default;and cooperative agreement; B.Where the applicant is unable to certify to any of the (b) If any funds other than Federal appropriated funds have statements in this certification,he or she shall attach an been paid or will be paid to any person for influencing or at- explanation to this application. tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 3.DRUG-FREE WORKPLACE Federal grant or cooperative agreement,the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS) complete and submit Standard Form- LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988,and (c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F,for grantees,as tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620— at all tiers(including subgrants,contracts under grants and A.The applicant certifies that it will or will continue to provide cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by: recipients shall certify and disclose accordingly. (a)Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or 2.DEBARMENT,SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's RESPONSIBILITY MATTERS workplace and specifying the actions that will be taken against employees for violation of such prohibition; (DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to As required by Executive Order 12549, Debarment and inform employees about— Suspension,and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace; tive participants in primary covered transactions, as defined at 28 CFR Part 67,Section 67.510— (2)The grantee's policy of maintaining adrug-free workplace; A.The applicant certifies that it and its principals: (3)Any available drug counseling,rehabilitation, and employee assistance programs;and (a) Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be imposed upon employees for ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace; benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department (c)Making it a requirement that each employee to be engaged or agency; in the performance of the grant be given a copy of the state- (b) Have not within athree-year period preceding this applica- ment required by paragraph (a); tion been convicted of or had a civil judgment rendered against (d)Notifying the employee in the statement required by para- them for commission of fraud or a criminal offense in connec- graph(a)that,as a condition of employment under the grant, tion with obtaining,attempting to obtain,or performing a the employee will— OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4061/3 AND 406114 WHICH ARE OBSOLETE. 2012-2013 Edward Byrne Memorial Justice Assistanc Grants Page 3 of 4 (1)Abide by the terms of the statement;and (2)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check ❑ if there are workplaces on file that are not indentified (e)Notifying the agency,in writing,within 10 calendar days here. after receiving notice under subparagraph(d)(2)from an Section 67,630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice,including fiscal year.A copy of which should be included with each ap- position title,to:Department of Justice,Office of plication for Department of Justice funding.States and State Justice Programs,ATTN:Control Desk,633 Indiana Avenue, agencies may elect to use OJP Form 406117. N.W.,Washington,D.C.20531.Notice shall include the iden- tification number(s)of each affected grant; Check ❑ if the State has elected to complete OJP Form (f)Taking one of the following actions,within 30 calendar 4061/7. . days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted— DRUG-FREE WORKPLACE (1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS) employee, up to and including termination,consistent with the As required by the Drug-Free Workplace Act of 1988,and requirements of the Rehabilitation Act of 1973,as amended;or implemented at 28 CFR Part 67,Subpart F,for grantees,as (2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67;Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A.As a condition of the grant,I certify that I will not engage such purposes by a Federal,State,or local health,law enforce- in the unlawful manufacture,distribution,dispensing,posses- ment,or other appropriate agency; sion,or use of a controlled substance in conducting any (g)Making a good faith effort to continue to maintain a drug- activity with the grant;and free workplace through implementation of paragraphs(a),(b), B.If convicted of a criminal drug offense resulting from a (c),(d),(e),and(f). violation occurring during the conduct of any grant activity, I B.The grantee may insert in the space provided below the will report the conviction,in writing,within 10 calendar days site(s)for the performance of work done in connection with of the conviction,to:Department of Justice,Office of Justice the specific grant: Programs,ATTN:Control Desk,633 Indiana Avenue,N.W., Place of Performance(Street address,city,county,state,zip Washington,D.C.20531. code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1.Grantee Name and Address: City of Fayetteville, 100 West Rock Street,Fayetteville,AR 72701 2.Application Number and/or Project Name 3.Grantee IRS/Vendor Number 4th Judicial District Drug Task Force 71-6018462 4.Typed Name and Title of Authorized Representative Lioneld Jordan,Mayor 5.Signature 6.Date *U.S.Government PrinYnq Office:1996- 405-037/40014 A.2 2012-2013 Edward Byrne Memorial Justice Assistance Grants Page 4 of 4 Nzw RP(jai Ove C. 3. C.3 f 3 � Sunbridge Villas Subdivision u. ou �,.j-,, &4zyLiw flIZ11f,7„ Private Street Acceptance Page 1 of 2 RESOLUTION NO. A RESOLUTION ACCEPTING DEDICATION OF STREET RIGHT-OF-WAY AND MAINTENANCE RESPONSIBILITY FOR STREETS IN THE SUNBRIDGE VILLAS SUBDIVISION FROM THE SUNBRIDGE VILLAS PROPERTY OWNERS ASSOCIATION, INC. UPON COMPLETION OF THE CURRENT PRIVATE MILLING AND OVERLAY PROJECT TO CITY STANDARDS AS APPROVED BY THE CITY ENGINEER 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 accepts dedication of street right-of-way and maintenance responsibility for streets in the Sunbridge Villas Subdivision from Sunbridge Villas Property Owners Association, Inc. as described in the attached Exhibit "A" upon completion of the current private milling and overlay project to City standards as approved by the City Engineer. PASSED and APPROVED this 21St day of August,2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.3 Sunbridge Villas Subdivision Private Street Acceptance Page 2 of 2 City Council Meeting Minutes August 7,2012 Page 1 of 14 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray a e 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 City of Fayetteville Arkansas City Council Meeting Minutes August 7, 2012 A meeting of the Fayetteville City Council was held on August 7, 2012 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 Gray, Boudreaux, Kinion, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Petty Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 2nd Quarter Financial Report 2012 Paul Becker, Finance Director gave the 2nd Quarter Financial Report. He stated that we are running a small surplus. We should be able to cover the employee increases with the surplus. Water usage is high due to the drought. Alderman Ferrell: You said water usage is running high. Can you give me an idea of about how much above projection it's running? Paul Becker: About 12%. 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 August 7,2012 Page 2 of 14 Agenda Additions: None Consent: Approval of the July 17, 2012 City Council meeting minutes. Approved Drake Field Pavement Rehab & Re-Marking Phase II Project: A resolution approving a budget adjustment in the amount of $7,012.00 to reflect modifications to the Drake Field Pavement Rehab & Re-Marking Phase II Project necessitated by grant program changes. Resolution 152-12 as recorded in the office of the City Clerk. Pavement Maintenance Unlimited, LLC Change Order No. 2: A resolution approving Change Order No. 2 to a contract with Pavement Maintenance Unlimited, LLC reducing the contract by $22,050.00 for the Pavement Rehab & Remarking Phase II Project at Drake Field, and approving a budget adjustment. Resolution 153-12 as recorded in the office of the City Clerk. Bid#12-51 Truck Centers of Arkansas: A resolution awarding Bid#12-51 and authorizing the purchase of two (2) Freightliner M2 trucks with Kann Versa Haul recycle bodies in the total amount of$314,366.00 from Truck Centers of Arkansas for use by the Solid Waste Division. Resolution 154-12 as recorded in the office of the City Clerk. Preferred Office Products, Inc.: A resolution authorizing the purchase of five (5) Canon copiers in a total amount of$63,723.00, pursuant to a state procurement contract, from Preferred Office Products, Inc. Resolution 155-12 as recorded in the office of the City Clerk. Federal and State Law Enforcement Forfeiture Revenue: A resolution approving a budget adjustment in the amount of$28,558.00 representing federal and state law enforcement forfeiture revenue received during 2012 and establishing a corresponding expense budget. Resolution 156-12 as recorded in the office of the City Clerk. Arkansas Department of Parks and Tourism's Outdoor Recreation Grant: A resolution authorizing an application for a 50150 matching grant, through the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program, in the amount of $50,000.00 for improvements at Mount Sequoyah Gardens. Resolution 157-12 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes August 7,2012 Page 3 of 14 Arkansas Recreational Trails Program: A resolution expressing the willingness of the City of Fayetteville to utilize Federal-Aid Recreational Trails funds and authorizing application for a 20% local match grant through the Arkansas Recreational Trails Program in an amount up to $100,000.00 for construction of a section of Lake Fayetteville Trail. Resolution 158-12 as recorded in the office of the City Clerk. 2012 Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing application for a 2012 Arkansas Department of Environmental Quality Recycling Grant through the Boston Mountain Solid Waste District in the amount of $25,000.00 to fund apartment recycling containers. Resolution 159-12 as recorded in the office of the City Clerk. McClelland Consulting Engineers: A resolution approving an engineering contract with McClelland Consulting Engineers in the amount of $131,328.00, plus a $20,000.00 project contingency, for design services for the State Highway 16 Water and Sewer Relocation Project at the West Fork of the White River. Resolution 160-12 as recorded in the office of the City Clerk. Alderman Gray moved to approve the Consent Agenda as read. Alderman Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell was absent during the vote. Alderman Petty was absent. Unfinished Business: Amend §154.03 Private Parties/Zoning Amendment: An ordinance to amend §154.03 Private Parties/Zoning Amendment to clarify the powers of the Planning Commission and City Council when a property owner seeks rezoning. This ordinance was left on the First reading at the July 17, 2012 City Council meeting. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Lewis seconded the motion. Upon roll call the motion passed 7-0. Alderman Petty was absent. City Attorney Kit Williams read the ordinance. Alderman Lewis: I had some citizen's request that we leave this on the second reading. They have also requested an opinion from the Attorney General. Alderman Ferrell: Does this is any way affect the current litigation? City Attorney Kit Williams: This does not. There was no official petition presented that claimed to be operative for this section. I would have informed you that that petition could not 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes August 7,2012 Page 4 of 14 affect the amount of votes needed to pass that ordinance. I do not object to leaving it on the second reading. Alderman Ferrell: Could you give an average amount of time it takes to seek an opinion? City Attorney Kit Williams: It usually takes the Attorney General 2 to 3 months to respond unless it is a critical issue. This ordinance was left on the Second Reading. New Business: United States Tennis Association: A resolution authorizing acceptance of renovation services to tennis courts at Wilson Park by the United States Tennis Association as part of its Two Court Renovation Grant Program at no cost to the City of Fayetteville. Connie Edmonston, Parks and Recreation Director gave a brief description of the resolution. Alderman Gray: I am very happy that we are doing this. Anything we can do to encourage our children in sports takes care of lots of problems. The earlier we can start the better. Alderman Lewis: What is the cost of a brand new court? Connie Edmonston: It's somewhere around $40,000 to $50,000 at least. We did have some concerns from citizens at the Parks Board meeting and we have some of the members here if you have any questions for them. Alderman Tennant: The comments I received were that there will be fencing around this court that will inhibit the play on the adult court next to it. My concern is are we trying too hard to do the right thing and then we are going to end up taking too much away on the other side? Chase Gipson, Recreation Superintendent stated we addressed that last week. With the youth courts you do not have to give as much length on the base lines and so that fence will be shifted and will not split right down the middle. It will be offset about four feet to the east side. Alderman Tennant: So you won't need the space on the side. Chase Gipson: Right. Alderman Tennant: Okay, good, thank you very much. Alderman Ferrell: There have been people coming to the Council over the years asking if we could have more adult tennis courts. In the process of planning, how do you assess where the parks are going to go? How do you weigh the wants of different parts of the community? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes August 7,2012 Page 5 of 14 Chase Gipson: It just depends on the situation. We do a lot of public input meetings. Every year when we do our outdoor recreation grant we take public input at that meeting. When we talked about the regional park people were overwhelmingly in favor of a group of 6 to 8 courts together rather than having smaller complexes spread out throughout the community. That is why the regional park made the most sense. Bill Ward, a citizen stated there is a current need for adult tennis courts. He went on to express his concerns. Alderman Ferrell: Do you know Alan Beauchamp? Bill Ward: Sure. Alderman Ferrell: Do you know if he has an opinion on this? Bill Ward: I talked to him at the park one time in passing and he knows we need courts in this town. Jennifer Lee, a citizen spoke on the importance of youth courts in Fayetteville. Kennedy Lee,who is 10 years old, stated why she preferred youth courts. McKenzie Lee, who is 7 years old, stated she liked the smaller tennis courts better because she can play a full game. Paul Williams stated if promoting youth tennis is a policy goal then we need to look at all the ways that we can go about doing this. He encouraged everyone to see what our options really are because we do not know what will really be gained here. Alderman Ferrell: You had inquired about who would provide instruction and have not received a response. Paul Williams: No one has been able to tell me. Alderman Ferrell: Can anyone tell us who is going to provide the instruction for the childs tennis? Chase Gipson: We are not setting the courts up to have instructors come in and charge fees for organized instruction. There will be organized programming there to bring kids in but the point is that you create somewhere that kids can come and play on their own and have an opportunity to play. Paul Williams: So there is no provision for any instruction. Chase Gipson: We currently do not have plans but we do have plans to provide programming there. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes August 7,2012 Page 6 of 14 Phillip Watson, Parks and Recreation Advisory Board member stated I am available for any questions on how the board came to the conclusion that we came to of approving this. This seems to be a good fit because it's in Wilson Park and gives access to most of Fayetteville for the children to come and play. Alderman Tennant: Did you or anybody get any feed back from any elementary schools and their P.E. teachers on whether this was something good or not? I asked a P.E. teacher and they said anytime you have courts, for kids to play tennis, they will probably play tennis. Does anyone from the schools have any input? Phillip Watson: Not with me directly. That was brought up. There were some requests for courts for that age bracket. Chase Gipson: I haven't spoken with any P.E. teachers but we have over 2,000 youth participants in our programs and have heard overwhelmingly from the majority of them that this will be a wonderful thing. Alderman Lewis: Is there any numbers on the use of our courts? Phillip Watson: The high school is reserving those courts from 3:00 to 6:00 p.m. most afternoons and once they are gone that will open up a lot of space. Chase Gipson: We did two separate surveys and those numbers show that it's rare that all six of those courts are full. There is more use late in the evening but it's not that often that you find all six of them full. We are not denying that there is a need for more courts for adults. We think this is a great opportunity and a great time for this to take place. Alderman Kinion: What were the dates again? Chase Gipson gave the dates of the surveys. Alderman Kinion: I think this is a general idea but I do not think that the variables are valid that we are looking at. The need is there for more courts. A tot of towns have modular courts that seem to be more affordable for youth tennis programs. I think there is a valid concern that this might be a sacrifice and that it's not a balance with what we are getting in our current Parks and Recreation program. Using numbers from June to July is probably the most inappropriate time to look at activity in the park because the pool is open at this time and other programs. Chase Gipson: This grant is just for renovation that includes permanent youth courts. With the modular courts someone has to be there and set them up and oversee everything that is happening. Alderman Kinion: There is no doubt that we have the need. I can't validate the sacrifice when I am looking at the variables that we are currently using in our parks at this time. I see on a personal level people waiting to get onto the courts. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316