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Home My WebLink About2012-04-03 - 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 April 3, 2012 A meeting of the Fayetteville City Council will be held on April 3, 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: 1. Nominating Committee Report-APPROVED Agenda Additions: A. Consent: 1. Approval of the March 20, 2012 City Council meeting minutes. APPROVED 2. McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution approving Amendment No. 1 to the agreement with the McClelland Consulting Engineers, Inc. for airport engineering services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 62-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Keeling Company: A resolution authorizing purchase of an additional two (2) irrigation wheels from Keeling Company in the amount of$77,333.34, pursuant to Bid #11-71, for effluent irrigation to hay fields. THIS ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 63-12 4. Crafton Tull & Associates: A resolution approving a contract with Crafton Tull & Associates in an amount not to exceed $120,000.00 for engineering services to design water and sewer creek crossing repairs related to Spring 2011 floods, approving a project contingency of$6,000.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 64-12 5. Bid #12-14 Heckathorn Construction Company: A resolution awarding Bid #12-14 and approving a contract with Heckathorn Construction Company in the amount of $42,421.00 for the structural repair of three storm damaged structures at the biosolids management site. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 65-12 6. Environmental Consulting Operations, Inc. Amendment No. 6: A resolution approving Amendment No. 6 to the Engineering Contract with Environmental Consulting Operations, Inc. in the amount of $42,660.00 for pipeline stormwater, wetlands, and environmental issues and 2012 wetland site maintenance and reporting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66-12 7. IES Interactive Training USA: A resolution approving an agreement with IES Interactive Training USA in the amount of$28,462.90, pursuant to a federal procurement agreement with the General Services Administration, for the purchase of a Use of Force Simulator for the Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 67-12 B. Unfinished Business: 1. Amend Chapter 151 Definition of"Family": An ordinance to amend the definition of "Family" found in Chapter 151 Definitions of the Unified Development Code to allow the City Council to authorize up to five (5) unrelated persons in some units of a Planned Zoning District. This ordinance was left on the First Reading at the February 7, 2012 City Council meeting. This ordinance was left on the Second Reading at the February 21, 2012 City Council meeting. This ordinance was left on the Third Reading and tabled at the March 6, 2012 City Council meeting. This item was removed from the table at the March 20, 2012 City Council meeting and placed on the April 3, 2012 City Council agenda. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5490 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. RZN 12-4028 (1400 and 1500 Blocks of N. Desoto Pl./Abshier Heights): An ordinance rezoning that property described in rezoning petition RZN 12-4028, for approximately 2.18 acres, located at 1400 and 1500 Block of North Desoto Place (Track "A" of Abshier Heights) from R-PZD, Residential Planned Zoning District R-PZD 06- 1883 to RSF-8, Residential Single-Family, 8 units per acre. This ordinance was left on the First Reading at the March 20, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5491 3. ADM 12-4029 (Abshier Heights R-PZD Modification No. 4): An ordinance amending a residential planned zoning district entitled R-PZD 06-1883, Abshier Heights, located at the northwest corner of Abshier Drive and Hillcrest Avenue, containing approximately 4.11 acres, to reflect revised architectural standards as described and depicted herein. This ordinance was left on the First Reading at the March 20, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5492 C. New Business: 1. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a memorandum of Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of $45,969.00 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase I1 Stormwater Permit requirements. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5493 2. RZN 12-4042 (1700 Old Wire Road/Cooper and Williams): An ordinance rezoning that property described in rezoning petition RZN 12-4042, for approximately 4.90 acres, located at 1700 Old Wire Road from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation, subject to a Bill of Assurance. THIS ITEM WAS LEFT ON THE SECOND READING. 3. Amend Chapter 161 (ADM 12-4085 Zoning Regulations/RMF-24 Setbacks): An ordinance to Amend §161.14 District RMF-24 by repealing the separate setbacks for multi-family structures built within the Hillside/Hilltop Overlay District. THIS ITEM WAS LEFT ON THE SECOND READING. 4. Kum & Go, L.C.: A resolution to grant the appeal of Kum & Go, L.C. and to amend and approve its large scale development to agree with the plat submitted with its appeal letter. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 68-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Tour: Announcements: Adjournment: 9:55 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: April 3,2012 Adjourn: A� + Subject: Roll Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan V �T Q Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: April 3,2012 Subject: Consent 3 Motion To: ve Motion By: Seconded: j -04- Lewis 3 Gray Cp, Boudreaux �* frl� Gt i5 Kinion Petty Tennant Minute Ferrell Adams tn ''t-12 j' Lk Mayor Jordan g-o Subject: Nominating Committee Report Motion To: Motion By: Seconded: ' •� ,oh Lewis � Gray r/ Boudreaux ✓ Kinion Petty ✓ Tennant Ferrell Adams Mayor Jordan City Council Meeting: April 3,2012 Subject: �4 3 Motion To: lAmuAi C;el� L�JLw a Motion By: Seconded: Lewis Gray 1/' �- Boudreaux ✓ i0 Kinion Petty Tennant Ferrell Adams ✓ Mayor Jordan P-a Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: April 3,2012 Subject: Amend Chapter 151 Definition of"Family" Motion To: Motion By: � Seconded: B. 1 Lewis Unfinished Gray 1/ Business Boudreaux ✓ Kinion 1 V ^_ ( Petty Tennant pf� Ferrell Adams ✓ "► o Mayor Jordan Subject: RZN 12-4028 (1400 and 1500 Blocks of N. Desoto Pl./Abshier Heights) Motion To: Motion By: ja Seconded: e AAaAJ B. 2 Lewis Unfinished Gray ✓ �/ Business Boudreaux ✓ ✓ Kinion ✓ ✓ r Petty �✓. ✓ ✓ Tennant of ✓ ✓ Ferrell t✓ ,/ �✓ Adams '� ✓ �✓ 5 y q l Mayor Jordan -® '� 9-v City Council Meeting: April 3,2012 Subject: ADM 12-4029 (Abshier Heights R-PZD Modification No. 4) Motion To: Motion By: Seconded: B. 3 Lewis Unfinished Gray Business Boudreaux ✓ ✓ Kinion Petty �/ ✓ Tennant i/ ✓' Ferrell ✓ Adams "1 1 — Mayor Jordan V-0 Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: April 3,2012 Subject: Regional Urban Stormwater Education Program Motion To: nd Rtaj 3 r r r Motion By: Lf Seconded: C. 1 Lewis ✓ f f New Gray V11- Business Business Boudreaux ✓ ✓ P/ Kinion f ✓ t s Petty ✓ ✓ P_ -- Tennant Ferrell f ✓ f Adams r/ ✓ ✓ 5 (� Mayor Jordan Subject: RZN 12-4042 (1 00 Old Wire Road/Cooper and Williams) Motion To: Motion By: Seconded: C 2 Lewis ✓ New Gray Business Boudreaux j� Kinion Petty ✓ OV 'f. , TennantSwa � Ferrell v. _ gr, Adams �Q Mayor Jordan City Council Meeting: April 3,2012 Subject: Amend Chapter 161 (ADM 12-4085 Zoning Regulations/RMF-24 Setbacks) Motion To: an Motion By: Seconded: C.3 Lewis �s New Gray Business Boudreaux Kinion Petty r� SWAJ Tennant Ferrell Adams ��,,33'c n° �" X Uo{e Mayor Jordan Subject: Kum& Go,L.C. Motion To: 4 d-aon Motion By: i Seconded: E C. 4 Lewis New Gray n/ VO' Business Boudreaux N V Kinion ✓ Petty Tennant V/' Ferrell I,/ Adams 2 Mayor Jordan • aye el l le Departmental Correspondence Afl KANSAS essfayetteville.org LEGAL DEPARTMENT Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley Assistant City Attorney THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney( DATE: April 4, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of April 3, 2012 1. McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution approving Amendment No. 1 to the agreement with McClelland Consulting Engineers, Inc. for airport engineering services. 2. Keeling Company: A resolution authorizing purchase of an additional two irrigation wheels from Keeling Company in the total amount of $77,333.34 plus applicable sales taxes, pursuant to Bid #11-71, for effluent irrigation to hay fields. 3. Crafton Tull & Associates: A resolution approving a contract with Crafton Tull & Associates in an amount not to exceed $120,000.00 for engineering services to design water and sewer creek crossing repairs related to spring 2011 floods, approving a project contingency of$6,000.00, and approving a budget adjustment. 4. Bid #12-14 Heckathorn Construction Company: A resolution awarding Bid #12-14 and approving a contract with Heckathorn Construction Company in the amount of $42,421.00 for the structural repair of three storm-damaged structures at the Biosolids Management site. 5. Environmental Consulting Operations, Inc. Amendment No. 6: A resolution approving Amendment No. 6 to the engineering contract with Environmental Consulting Operations, Inc. in the amount of $42,660.00 for pipeline stormwater, wetlands, and environmental issues and 2012 wetland site maintenance and reporting. 6. IES Interactive Training USA: A resolution and agreement with IES Interactive Training USA in the amount of $28,462.90, pursuant to a federal procurement agreement with the General Services Administration, for the purchase off a Use Of Force simulator for the Police Department. 7. Amend Chapter 151 Definition of "Family": An ordinance to amend the definition of "Family" found in Chapter 151 Definitions of the Unified Development Code to allow the City Council to authorize up to five unrelated persons in some units of a Planned Zoning District. 8. ADM 12-4029: An ordinance waiving the requirements of formal competitive bidding and approving a Memorandum Of Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of$45,969.00 for the Regional Urban Stormwater Education program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater Permit requirements. 9. Kum & Go Appeal: A resolution to grant the appeal of Kum & Go, L.C. and to amend and approve its Large Scale Development to agree with the Plat submitted with its appeal letter. 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 April 3, 2012 A meeting of the Fayetteville City Council will be held on April 3, 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: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the March 20, 2012 City Council meeting minutes. 2. McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution approving Amendment No. 1 to the agreement with the McClelland Consulting Engineers, Inc. for airport engineering services. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Keeling Company: A resolution authorizing purchase of an additional two (2) irrigation wheels from Keeling Company in the amount of$77,333.34, pursuant to Bid #11-71, for effluent irrigation to hay fields. 4. Crafton Tull & Associates: A resolution approving a contract with Crafton Tull & Associates in an amount not to exceed $120,000.00 for engineering services to design water and sewer creek crossing repairs related to Spring 2011 floods, approving a project contingency of$6,000.00, and approving a budget adjustment. 5. Bid #12-14 Heckathorn Construction Company: A resolution awarding Bid #12-14 and approving a contract with Heckathorn Construction Company in the amount of $42,421.00 for the structural repair of three storm damaged structures at the biosolids management site. 6. Environmental Consulting Operations, Inc. Amendment No. 6: A resolution approving Amendment No. 6 to the Engineering Contract with Environmental Consulting Operations, Inc. in the amount of $42,660.00 for pipeline stormwater, wetlands, and environmental issues and 2012 wetland site maintenance and reporting. 7. IES Interactive Training USA: A resolution approving an agreement with IES Interactive Training USA in the amount of$28,462.90, pursuant to a federal procurement agreement with the General Services Administration, for the purchase of a Use of Force Simulator for the Police Department. B. Unfinished Business: 1. Amend Chapter 151 Definition of"Family": An ordinance to amend the definition of "Family" found in Chapter 151 Definitions of the Unified Development Code to allow the City Council to authorize up to five (5) unrelated persons in some units of a Planned Zoning District. This ordinance was left on the First Reading at the February 7, 2012 City Council meeting. This ordinance was left on the Second Reading at the February 21, 2012 City Council meeting. This ordinance was left on the Third Reading and tabled at the March 6, 2012 City Council meeting. This item was removed from the table at the March 20, 2012 City Council meeting and placed on the April 3, 2012 City Council agenda. Left on the Third Reading 2. RZN 12-4028 (1400 and 1500 Blocks of N. Desoto Pl./Abshier Heights): An ordinance rezoning that property described in rezoning petition RZN 12-4028, for approximately 2.18 acres, located at 1400 and 1500 Block of North Desoto Place (Track "A" of Abshier Heights) from R-PZD, Residential Planned Zoning District R-PZD 06- 1883 to RSF-8, Residential Single-Family, 8 units per acre. This ordinance was left on the First Reading at the March 20, 2012 City Council meeting. Left on the First Reading 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. ADM 12-4029 (Abshier Heights R-PZD Modification No. 4): An ordinance amending a residential planned zoning district entitled R-PZD 06-1883, Abshier Heights, located at the northwest corner of Abshier Drive and Hillcrest Avenue, containing approximately 4.11 acres, to reflect revised architectural standards as described and depicted herein. This ordinance was left on the First Reading at the March 20, 2012 City Council meeting. Left on the First Reading C. New Business: 1. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a memorandum of Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of $45,969.00 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase I1 Stormwater Permit requirements. 2. RZN 12-4042 (1700 Old Wire Road/Cooper and Williams): An ordinance rezoning that property described in rezoning petition RZN 12-4042, for approximately 4.90 acres, located at 1700 Old Wire Road from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation, subject to a Bill of Assurance. 3. Amend Chapter 161 (ADM 12-4085 Zoning Regulations/RMF-24 Setbacks): An ordinance to Amend §161.14 District RMF-24 by repealing the separate setbacks for multi-family structures built within the Hillside/Hilltop Overlay District. 4. Kum & Go, L.C.: A resolution to grant the appeal of Kum & Go, L.C. and to amend and approve its large scale development to agree with the plat submitted with its appeal letter. 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.5 Bid#12-14 Heckathorn Construction Company TayMK—I'Dole Page 1 of4 THE CITY OF FAYETTEVILLE,ARKANSAS S CONTRACT Reference Bid: Bid 12-14, Construction — Barn Repair Contractor: Heckathorn Construction Companv, Inc. Term: Single Project with no revolving terms This contract executed this day of , 2012, between the City of Fayetteville, Arkansas, and Heckathorn Construction Comoanv, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Heckathorn Construction Company. Inc at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 12-14 as stated in Heckathorn Construction Company, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 12-14, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Heckathorn Construction Company. Inc. based on their bid proposal in an amount not to exceed $ 42.421.00 . Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Heckathorn Construction Company, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 12-14 with the specifications and conditions typed thereon. B. Heckathorn Construction Company Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Heckathorn Construction Company, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Heckathorn Construction Company, Inc. 5. Heckathorn Construction Company, Inc. shall not assign its duties under the terms of this agreement. 6. Heckathorn Construction Company, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Heckathorn Construction Company, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Heckathorn Construction Companv Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Heckathorn Construction Company, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount City of Fayetteville,AIR Bid 12-14, Construction—Barn Repair Page 1 of 2 A.5 Bid#12-14 Heckathorn Construction Company Page 2 of 4 Comprehensive General& Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Heckathorn Construction Company, Inc. 8. Heckathorn Construction Company. Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Heckathorn Construction Company. Inc. with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act(A.C.A. 25-19-101 et. Seq.). Only legally authorizedphoto coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS DAY OF 2012. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor Attest: Sondra Smith y Cle k CON RACTOR BY NAME AND TITLE ATTEST: COMPANY SECRETARY BUSINESS ADDRESS City of Fayetteville,AR Bid 12-14,Construction—Bam Repair Page 2 of 2 A.5 Bid#12-14 Heckathorn Construction Company OPTION 2:A Partnership Page 3 of 4 Partnership Name: (SEAL) By: (Signature of general partner-attach evidence of authority to sign) Name(type or printed): Business address: Phone No.: FAX No.: OPTION 3:A Corporation Corporation Name: Heckathorn Construction Comnanv. I(£EAL) State of Incorporation: Arkansas Type(General Business, Professional, Service, Limited Liability): ra tractor (Signature-attach evidence of authority to sign) Name(type or printed): Don L. Heckathorn Title: President (CORPORATE SEAL) Attest:� �'/ e " (Signature of Corporate Secretary) Business address: 1880 N. Birch Avenue Fayetteville, AR 72703 Phone No.: 479-442-5386 FAX No.: 479-442-7385 City of Fayetteville,AR SUBMIT THIS PAGE Bid 12-14,Construction-Barn Repair Page 27 of 32 WITH BID A.5 Bid#12-14 Heckathoni Construction Company Page 4 of 4 City Council Meeting Minutes March 20,2012 Page 1 of 6 Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Fae e l e Ward 1 Position 2—Brenda Boudreaux 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—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes March 20, 2012 A meeting of the Fayetteville City Council was held on March 20, 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 Boudreaux, Kinion, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Gray and Petty Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Nominating Committee Report: Alderman Ferrell presented the Nominating Committee Report. A copy of the report is attached. Alderman Ferrell moved to approve the Nominating Committee Report. Alderman Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and Petty were absent. Agenda Additions: None 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 March 20,2012 Page 2 of 6 Consent: Approval of the March 6, 2012 City Council meeting minutes. Approved Animal Shelter Donation: A resolution to accept $3,660.00 donated in the memory of Mrs. Mary Osborne to the Fayetteville Animal Shelter and to approve the budget adjustment recognizing this donation revenue. Resolution 53-12 as recorded in the office of the City Clerk 2011 Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing acceptance of a 2011 Arkansas Department of Environmental Quality Recycling Grant, through the Boston Mountain Solid Waste District, in the amount of $18,500.00 for recycling containers for the apartment/festival recycling programs, and approving a budget adjustment. Resolution 54-12 as recorded in the office of the City Clerk Bid #12-18 LJB Construction, Inc.: A resolution awarding Bid #12-18 and approving a contract with LJB Construction, Inc. in the amount of $49,300.00 for the installation of a concrete barrier wall along Knapp Street above the Meadow Valley Trail, and approving a ten percent(10%) project contingency. Resolution 55-12 as recorded in the office of the City Clerk University of Arkansas — Oak Ridge Trail: A resolution approving a budget adjustment in the amount of $123,042.00 recognizing revenue from the University of Arkansas for its cost-share portion of construction of Oak Ridge Trail. Resolution 56-12 as recorded in the office of the City Clerk. Frisco Trail Southern Extension: A resolution authorizing a contract with Garver, LLC in an amount not to exceed $189,500.00 for professional engineering design services related to the Frisco Trail southern extension, accepting a fifty percent (50%) matching grant from the Walton Family Foundation, Inc., and approving a budget adjustment in the amount of $216,000.00 recognizing revenue from the Walton Family Foundation, Inc. and the Home Depot Foundation. Resolution 57-12 as recorded in the office of the City Clerk Bid #12-19 Peterbilt of Fort Smith: A resolution awarding Bid #12-19 and authorizing the purchase of three (3) automated side load solid waste trucks from Peterbilt of Fort Smith in the amount of$775,629.00 for use in the Solid Waste Division. Resolution 58-12 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 March 20,2012 Page 3 of 6 Bale Chevrolet of Little Rock: A resolution approving the purchase of six (6) Chevrolet Tahoes from Bale Chevrolet of Little Rock, pursuant to a state procurement contract, in the total amount of$210,000.00. Resolution 59-12 as recorded in the office of the City Clerk Garver, LLC Amendment No. 5: A resolution approving amendment No. 5 to the engineering contract with Garver, LLC in the amount of$21,679.00 to increase the fee for construction phase services related to the Mount Comfort Road Project. Resolution 60-12 as recorded in the office of the City Clerk Alderman Boudreaux moved to approve the Consent Agenda as read. Alderman Kinion seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and Petty were absent. Unfinished Business: None Public Hearing: Highway 16 Armstrong to Stonebridge Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Jey Investments, LTD., First State Bank, Benefit Bank, Alejandro Alban, Algis Martinez & Gina Alban, and Tim D. & Deeann B. Studebaker, needed for water and sewer relocations along State Highway 16. Mayor Jordan opened the Public Hearing Chris Brown, City Engineer gave a brief description of the resolution. City Attorney Kit Williams stated we will continue to negotiate even after the City Council has authorized these condemnations assuming that is what you are going to do. He also gave a brief explanation of a past case that went before the Supreme Court. Alderman Ferrell questioned the number of condemnations being proposed. City Attorney Kit Williams confirmed that there were five condemnations being proposed. There was no public comment. Mayor Jordan closed the Public Hearing Alderman Boudreaux moved to approve the resolution. Alderman Ferrell seconded the motion. Upon roll call the resolution passed 6-0. Alderman Gray and Petty were absent. 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 March 20,2012 Page 4 of 6 Resolution 61-12 as recorded in the office of the City Clerk. New Business: Waive Competitive Bidding §34.23: An ordinance waiving the requirements for bids by applying §34.23(F), (Purchases and Contracts not in excess of $20,000.00), of the Fayetteville Code of Ordinances and approving a contract with the Illinois River Watershed Partnership in the amount of$10,000.00 for watershed education and planning services. City Attorney Kit Williams read the ordinance. Alderman Lewis stated I will have to recuse myself because I am still publishing my papers on the research that they helped fund. Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and Petty were absent. Alderman Lewis recused. Mayor Jordan voted yes to suspend the rules and go to the second reading. City Attorney Kit Williams read the ordinance. Alderman Boudreaux moved to suspend the rules and go to the third and final reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and Petty were absent. Alderman Lewis recused. Mayor Jordan voted yes to suspend the rules and go to the third reading. City Attorney Kit Williams read the ordinance. Alderman Ferrell stated anything we do to help educate our people to keep our water clean is probably money well spent. Alderman Adams: I think it is wonderful that our own Dr. Sarah Lewis is participating in this and we are fortunate on this Council and in the City to have someone doing work and research that is associated with this. I appreciate her expertise on our Council. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-0. Alderman Gray and Petty were absent. Alderman Lewis recused. Ordinance 5488 as Recorded in the office of the City RZN 12-4045 (Martin Luther King Blvd./Career Academy): An ordinance rezoning that property described in rezoning petition RZN 12-4045, for approximately 1.14 acres, located on the north side of Martin Luther King Boulevard at the border between Fayetteville and Farmington from R-A, Residential Agricultural to CS, Community Services. 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 March 20,2012 Page 5 of 6 City Attorney Kit Williams read the ordinance. Andrew Garner, Senior Planner gave a brief description of the ordinance. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and Petty were absent. City Attorney Kit Williams read the ordinance. Alderman Boudreaux moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and Petty were absent. City Attorney Kit Williams read the ordinance. Alderman Lewis: I am very glad to see the use of the form based code that moves it closer to the road which then allows for more buffers along the stream there. It's a good use to preserve some of our natural resources. Thank you. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Gray and Petty were absent. Ordinance 5489 as Recorded in the office of the City RZN 12-4028 (1400 and 1500 Blocks of N. Desoto Pl./Abshier Heights): An ordinance rezoning that property described in rezoning petition RZN 12-4028, for approximately 2.18 acres, located at 1400 and 1500 Block of North Desoto Place (Track "A" of Abshier Heights) from R-PZD, Residential Planned Zoning District R-PZD 06-1883 to RSF-8, Residential Single- Family, 8 units per acre. Andrew Garner: The applicant requested that the item be tabled to the next City Council meeting. I recommend that it be left on the first reading. City Attorney Kit Williams read the ordinance. Left on the First Reading ADM 12-4029 (Abshier Heights R-PZD Modification No. 4): An ordinance amending a residential planned zoning district entitled R-PZD 06-1883, Abshier Heights, located at the northwest corner of Abshier Drive and Hillcrest Avenue, containing approximately 4.11 acres, to reflect revised architectural standards as described and depicted herein. City Attorney Kit Williams read the ordinance. 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 March 20,2012 Page 6 of 6 Mayor Jordan: Andrew you wanted to leave this on the first reading. Left on the First Reading City Attorney Kit Williams asked the City Council to approve a motion to resume consideration of the ordinance amending the definition of family for the first meeting in April. That way we can officially get it back on the agenda and everyone will be aware that it is coming forward. Alderman Adams moved to resume consideration of the ordinance amending the definition of family at the April 3, 2012 City Council meeting. Alderman Ferrell seconded the motion. James Butch Coger, resident of 2109 W. Loren Circle stated my request would be that this ordinance be pulled and not go any further with it. Mayor Jordan stated we are trying to decide whether the Council wants to hear this again in April. City Attorney Kit Williams: He can say that he does not want you to pass the motion to resume consideration. James Butch Coger: When we get to this point can an alderman that has brought an ordinance before the board withdraw it? City Attorney Kit Williams: No, it will be back before the City Council and it is their decision. No single Alderman can do anything at this point. It requires the body as a whole to make the decision. James Butch Coger: I would highly recommend that this not be passed. City Attorney Kit Williams: This is so that we can put it on the agenda so everybody gets proper notification that you are going to consider it at the first meeting in April. Upon roll call the motion passed 5-1. Aldermen Adams, Lewis, Boudreaux, Tennant and Ferrell voting yes. Alderman Kinion voting no. Alderman Gray and Petty were absent. Announcements: Adjournment: 6:30 PM Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 ,.. RESOLUTION NO. A RESOLUTION AUTHORIZING PURCHASE OF AN ADDITIONAL TWO (2) IRRIGATION WHEELS FROM KEELING COMPANY IN THE TOTAL AMOUNT OF $77,333.34 PLUS APPLICABLE SALES TAXES, PURSUANT TO BID #11-71, FOR EFFLUENT IRRIGATION TO HAY FIELDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of an additional two (2) irrigation wheels from Keeling Company in the total amount of$77,333.34 plus applicable sales taxes, pursuant to Bid #11-71, for effluent irrigation to hay fields. PASSED and APPROVED this 3`d day of April, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer ya 1� &0-cj Lindsley Smith �/ / ` /FN 1 p�` IF-444 r Communication Director City of Fayetteville Ismith@ci.fayetteville.ar.us PHONE 479-575-8330 FAX 479-575-8257 TDD 479-521-1316 Get connected to your community on the Community Link. Community Events, Ideas, News, &Volunteers. >>> On 1/30/2012 at 5:13 PM,John Acken <JAckan@capstonemail.com> wrote: Rhonda, Thank you for your help changing the zoning to allow for five unrelated persons to live in a unit. I have reviewed the draft change, and my only concern is that it requires "each five person unit must be placed within a free standing structure."This restriction would seem to prevent a five bedroom duplex unit as well as our"manor house"which is one building with 4 five bedroom units. The manor houses are extremely popular because the four units surround a common courtyard and gathering space. Likewise, we position the duplex units to create interior courtyards for the students. (I have attached marketing materials for our project in College Station,Texas. Pages 17 to 24 show elevations of manor houses and five bedroom duplex houses) If we are required to build all five bedroom single homes then we will have to separate the houses by 12 feet. Although 12 feet does not sound like a lot of space when you multiply it across an entire development it adds up to a considerable amount of space that is not usable by the tenants. Also,the decrease in density caused by having all single family homes offsets the economic benefits of allowing a five bedroom unit. Please feel free to give me a call either on my direct line or my cell phone at your convenience to discuss, and thank you again for your help. Sincerely, John Acken Senior Vice President Capstone Collegiate Communities Direct 205 414 6432 Cell 205 789 7452 -----Original Message----- From: Paula Marinoni [mailto:pm@paulamarinoni.com] Sent: Monday,January 30, 2012 2:02 PM To:John Acken; John E. Vawter Subject: FW: proposed amendment Paula Marinoni