HomeMy WebLinkAbout2012-07-17 - 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
July 17, 2012
A meeting of the Fayetteville City Council will be held on July 17, 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 June 19, 2012 and July 3, 2012 City Council meeting minutes.
APPROVED
2. Parkland Dedication Fees: A resolution approving a budget adjustment in the total
amount of $38,426.00 recognizing parkland dedication fees from the Northeast and
Northwest Quadrants to be applied for additions to Gulley Park and insurance proceeds
related to the destruction of the Red Oak Park playground.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 142-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Bid #12-40 Luber Bros, Inc.: A resolution awarding Bid #12-40 and authorizing the
purchase of one (1) Deweze ATM72LG slope mower from Luber Bros., Inc. of Tulsa,
Oklahoma in the total amount of$41,209.40, for use by the Transportation Division, and
approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 143-12
4. Bid #12-48 Williams Tractor: A resolution awarding Bid #12-48 and authorizing the
purchase of one (1) large square baler from Williams Tractor of Fayetteville in the total
amount of $89,026.00, for use by wastewater treatment, and approving a budget
adjustment.
THIS ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 144-12
5. Bid #12-49 Sellers Trading Post: A resolution awarding Bid #12-49 and authorizing
the purchase of two (2) Rhino FR180 batwing cutters from Sellers Trading Post of
Siloam Springs in the total amount of$30,192.00, for use by the Parks Department and
wastewater treatment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-12
6. Bid #12-50 Countryside Farm & Lawn: A resolution awarding Bid #12-50 and
authorizing the purchase of one (1) mower conditioner from Countryside Farm & Lawn
of Springdale in the total amount of$20,916.08, for use by wastewater treatment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 146-12
7. Bid #12-42 Endless Power Corp.: A resolution awarding Bid #12-42 and authorizing
the purchase of one (1) power generator from Endless Power Corp. in the amount of
$61,330.00, plus applicable sales tax, for use at the Owl Creek lift station, and approving
a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 147-12
8. Bid #12-54 Instrument & Supply, Inc.: A resolution awarding Bid #12-54 and
authorizing the purchase of three (3) large water pumps from Instrument & Supply, Inc.
in the amount of $88,800.00, plus applicable sales tax, for use at the South Mountain
pump station.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 148-12
9. John David Brown Settlement Agreement: A resolution approving a settlement
agreement with John David Brown, concerning condemnation litigation filed as part of
the Highway 265 Water and Sewer Relocation and Improvement Project, in the total
amount of$46,666.50.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
10. Richard and Caren Hanna Settlement Agreement: A resolution approving a
settlement agreement with Richard and Caren Hanna, concerning condemnation litigation
filed as part of the N. Garland Avenue Improvement Project, in the total amount of
$1,600.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-12
11. Street Name Change — N. Chrysler Drive: A resolution renaming Frazier Street
between Vantage Drive and Mountain View Drive to N. Chrysler Drive.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-12
B. Unfinished Business:
1. Amend §173.08 Arkansas Energy Code: An ordinance to amend §173.08 Arkansas
Energy Code of the Building Regulations chapter of the U.D.C. to adopt the 2009
International Energy Conservation Code, for residential structures, with amendments
herein. This ordinance was left on the First Reading at the June 05, 2012 City Council
meeting. This ordinance was left on the First Reading at the June 19, 2012 City
Council meeting and Tabled to the July 17, 2012 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5512
C. New 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 ITEM WAS LEFT ON THE FIRST READING.
2. Amend §167.04 Tree Preservation and Protection During Development and §177.05
Street Tree Planting Standards: An ordinance amending §167.04 Tree Preservation
and Protection During Development and §177.05 Street Tree Planting Standards of the
Code of Fayetteville to provide a fixed amount to be paid into the tree escrow account
rather than reasonable maintenance cost estimates.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5513
City Council Tour: July 16, 2012—Hughmount Village- Wedington Drive
Announcements:
Adjournment: 7:00 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait
for the Mayor to request public comment and then come to the podium, give your name, address, and
comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,
Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each
person is only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council
meetings:
Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting
should only be considered if it requires immediate City Council consideration and if the normal agenda
setting process is not practical. The City Council may only place such new item on the City Council
meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to
the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this
presentation period, but may be recalled by an alderman later to answer questions. Staff and
applicants may use electronic visual aides in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the audience on all items of old
and new business and subjects of public hearings. No electronic visual aid presentations shall be
allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of
the City Council meeting. Any member of the public shall first state his or her name and address,
followed by a concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City Council or to
the Planning Commission when those Planning Commission minutes have been provided to the
Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any
particular member of the City Council. No person other than the Aldermen and the person having the
floor shall be permitted to enter into any discussions without permission of the Mayor. No questions
shall be directed to an Alderman or city staff member except through the Mayor.
Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections
as to integrity, abusive comments and statements about motives or personalities. Any member of the public
who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking
and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice
is required. For further information or to request an interpreter, please call 575-8330.
A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113
W. Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: July r, -012 <_Aourn:
Subject: Roll
Adams
Lewis
Gray
Boudreaux ✓
Kinion
Petty y/
Tennant
Ferrell
Mayor Jordan
f=0
Subject:
Motion To:
Motion By:
Seconded:
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Mayor Jordan
City Council Meeting: July 1,/,-012
Subject: Consent -if- /? -s{7 W;1fla'a, i aicul , vXJ Vii-+
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Motion To:
A
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^ 'a Mayor Jordan
Subject:
Motion To:
Y
Motion By:
Seconded:
Adams �S
Lewis ✓
Gray e/ ✓
Boudreaux
Kinion
Petty ✓ ✓
Tennant
Ferrell ✓
Mayor Jordan
City Council Meeting: July 1'/,—012
Subject: Amend 173.08 Arkansas Ener Code/��� � � (' /
vY�ernGC,, aJQGT1�}V
Motion To: 4J. W 6ecp and
Motion By:
r
Seconded: e n .
B. 1 Adams
Unfinished Lewis �° ✓ W"
Business Gray y
Boudreaux
Kinion
Petty Vol
Tennant
Ferrell /V
5�I� Mayor Jordan 7-0
Subject:
Motion To:
Motion By:
Seconded:
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Ferrell
Mayor Jordan
City Council Meeting: July 1i,:Al2
Subject: Amend §154.03 Private Parties/Zoning Amendment
Motion To:
Motion By:
Seconded:
C. 1 Adams
New Lewis
Business Gray
Boudreaux
0 k aw Kinion
`ty+� Petty
Tennant
Ferrell
Mayor Jordan
Subject: Amend§167.04 Tree Preservation and Protection During Development and §177.05 Street Tree
Plantine Standards
Motion To: " °
Motion By:
Seconded:
C. 2 Adams
New Lewis ✓
Business Gray
Boudreaux id w
Kinion :
Petty VIP-
Tennant
fTennant
Ferrell
1 ,5513 Mayor Jordan
ay e C le Departmental Correspondence
LEGAL
ARKANSAS
Kit Williams
City Attorney
Jason B.Kelley
Assistant City Attorney
TO: Mayor Jordan
THRU: Sondra Smith, City Clerk '
FROM: Kit Williams, City Attorney
DATE: July 18, 2012
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of July 17, 2012
1. Parkland Dedication Fees: A resolution approving a budget adjustment in
the total amount of $38,426.00 recognizing Parkland Dedication Fees from the
Northeast and Northwest Quadrants to be applied for additions to Gulley Park and
insurance proceeds related to the destruction of the Red Oak Park playground.
2. Bid #12-40: A resolution awarding Bid #12-40 and authorizing the
purchase of one DeWeze ATM72LG Slope Mower from Luber Bros. Inc. of Tulsa,
OK in the total amount of$41,209.40, for use by the Transportation Division'',and
approving a budget adjustment.
3. Bid #12-48: A resolution awarding Bid 412-48 and authorizing i the
purchase of one large square baler from Williams Tractor of Fayetteville in' the
total amount of $89,026.00, for use by Wastewater Treatment, and approving a
budget adjustment.
4. Bid #12-49: A resolution awarding Bid 412-49 and authorizing ', the
purchase of two Rhine FR 180 batwing cutters form Sellers Trading Post of Siloam
Springs in the total amount of $30,192.00 for use by the Parks Department and
Wastewater Treatment.
i
5. Bid #12-50: A resolution awarding Bid #12-50 and authorizing the
purchase of one mower conditioner from Countryside Farm & Lawn of Springdale
in the total amount of$20,916.08, for use by Wastewater Treatment.
6. Bid #12-42: A resolution awarding Bid #12-42 and authorizing the
purchase of one power generator from Endless Power Corp. in the amount of
$61,330.00, plus applicable sales tax, for use at the Owl Creek lift station, and
approving a budget adjustment.
7. Bid #12-54: A resolution awarding Bid #12-54 and authorizing; the
purchase of three large water pumps from Instrument & Supply, Inc. in the amount
of $88,800.00 plus applicable sales tax, for use at the South Mountain pump
station.
8. John David Brown Settlement Agreement: A resolution approving a
settlement agreement with John David Brown, concerning condemnation litigation
filed as part of the Highway 265 Water & Sewer Relocation and Improvement
Project, in the total amount of$46,666.50.
9. Richard & Caren Hanna Settlement Agreement: A resolution approving
a settlement agreement with Richard & Caren Hanna, concerning condemnation
litigation filed as part of the N. Garland Avenue Improvement Project, in the .total
amount of$1,600.00.
10. Street Name Change — N. Chrysler Drive: A resolution renaming Frazier
Street between Vantage Drive and Mountain View Drive to N. Chrysler Drive.
11. Amend §167.04 Tree Preservation & Protection During Development
and §177.05 Street Tree Planting Standards: An ordinance amending §167.04
Tree Preservation & Protection During Development and §177.05 Street Tree
Planting Standards of the Code of Fayetteville to provide a fixed amount to be
paid into the tree escrow account rather than reasonable maintenance cost
estimates.
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
July 17, 2012
A meeting of the Fayetteville City Council will be held on July 17, 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 June 19, 2012 and July 3, 2012 City Council meeting minutes.
2. Parkland Dedication Fees: A resolution approving a budget adjustment in the total
amount of $38,426.00 recognizing parkland dedication fees from the Northeast and
Northwest Quadrants to be applied for additions to Gulley Park and insurance proceeds
related to the destruction of the Red Oak Park playground.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Bid #12-40 Luber Bros, Inc.: A resolution awarding Bid #12-40 and authorizing the
purchase of one (1) Deweze ATM72LG slope mower from Luber Bros., Inc. of Tulsa,
Oklahoma in the total amount of$41,209.40, for use by the Transportation Division, and
approving a budget adjustment.
4. Bid #12-48 Williams Tractor: A resolution awarding Bid #12-48 and authorizing the
purchase of one (1) large square baler from Williams Tractor of Fayetteville in the total
amount of $81,488.00, for use by wastewater treatment, and approving a budget
adjustment.
5. Bid #12-49 Sellers Trading Post: A resolution awarding Bid #12-49 and authorizing
the purchase of two (2) Rhino FR180 batwing cutters from Sellers Trading Post of
Siloam Springs in the total amount of$30,192.00, for use by the Parks Department and
wastewater treatment.
6. Bid #12-50 Countryside Farm & Lawn: A resolution awarding Bid #12-50 and
authorizing the purchase of one (1) mower conditioner from Countryside Farm & Lawn
of Springdale in the total amount of$20,916.08, for use by wastewater treatment.
7. Bid #12-42 Endless Power Corp.: A resolution awarding Bid #12-42 and authorizing
the purchase of one (1) power generator from Endless Power Corp. in the amount of
$61,330.00, plus applicable sales tax, for use at the Owl Creek lift station, and approving
a budget adjustment.
8. Bid #12-54 Instrument & Supply, Inc.: A resolution awarding Bid #12-54 and
authorizing the purchase of three (3) large water pumps from Instrument & Supply, Inc.
in the amount of $88,800.00, plus applicable sales tax, for use at the South Mountain
pump station.
9. John David Brown Settlement Agreement: A resolution approving a settlement
agreement with John David Brown, concerning condemnation litigation filed as part of
the Highway 265 Water and Sewer Relocation and Improvement Project, in the total
amount of$46,666.50.
10. Richard and Caren Hanna Settlement Agreement: A resolution approving a
settlement agreement with Richard and Caren Hanna, concerning condemnation litigation
filed as part of the N. Garland Avenue Improvement Project, in the total amount of
$1,600.00.
11. Street Name Change — N. Chrysler Drive: A resolution renaming Frazier Street
between Vantage Drive and Mountain View Drive to N. Chrysler Drive.
B. Unfinished Business:
1. Amend §173.08 Arkansas Energy Code: An ordinance to amend §173.08 Arkansas
Energy Code of the Building Regulations chapter of the U.D.C. to adopt the 2009
International Energy Conservation Code, for residential structures, with amendments
herein. This ordinance was left on the First Reading at the June 05, 2012 City Council
meeting. This ordinance was left on the First Reading at the June 19, 2012 City
Council meeting and Tabled to the July 17, 2012 City Council meeting.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
Left of the First Reading
C. New 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.
2. Amend §167.04 Tree Preservation and Protection During Development and §177.05
Street Tree Planting Standards: An ordinance amending §167.04 Tree Preservation
and Protection During Development and §177.05 Street Tree Planting Standards of the
Code of Fayetteville to provide a fixed amount to be paid into the tree escrow account
rather than reasonable maintenance cost estimates.
City Council Tour: July 16, 2012—Hughmount Village-Wedington Drive
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
Parkland Dedication Fees
Page 1 of 2
RESOLUTION NO.
A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE TOTAL
AMOUNT OF $38,426.00 RECOGINIZING PARKLAND DEDICATION FEES
FROM THE NORTHEAST AND NORTHWEST QUADRANTS TO BE
APPLIED FOR ADDITIONS TO GULLEY PARK AND INSURANCE
PROCEEDS RELATED TO THE DESTRUCTION OF THE RED OAK PARK
PLAYGROUND
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 approves a
budget adjustment, a copy of which is attached as Exhibit"A", in the total amount of$38,426.00
recognizing parkland dedication fees from the Northeast and Northwest Quadrants to be applied
for additions to Gulley Park and insurance proceeds related to the destruction of the Red Oak
Park playground.
PASSED and APPROVED this 17th day of July, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.2
Parkland Dedication Fees
Page 2 of 2
A.6
Bid#12-50 Countryside Farm&Lawn
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AWARDING BID #12-50 AND AUTHORIZING THE
PURCHASE OF ONE (1) MOWER CONDITIONER FROM COUNTRYSIDE
FARM & LAWN OF SPRINGDALE IN THE TOTAL AMOUNT OF
$20,916.08, FOR USE BY WASTEWATER TREATMENT
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 awards Bid
#12-50 and authorizes the purchase of one (1) mower conditioner from Countryside Farm &
Lawn of Springdale in the total amount of$20,916.08, for use by wastewater treatment.
PASSED and APPROVED this 17`"day of July, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.6
Bid#12-50 Countryside Farm&Lawn
Page 2 of 2
A.8
Bid#12-54 Instrument&Supply, Inc.
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AWARDING BID #12-54 AND AUTHORIZING THE
PURCHASE OF THREE (3) WATER PUMPS FROM INSTRUMENT &
SUPPLY, INC. IN THE AMOUNT OF $88,800.00, PLUS APPLICABLE
SALES TAX, FOR USE AT THE SOUTH MOUNTAIN PUMP STATION
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 awards Bid
#12-54 and authorizes the purchase of three (3) water pumps from Instrument & Supply, Inc. in
the amount of$88,800.00,plus applicable sales tax, for use at the South Mountain pump station.
PASSED and APPROVED this 17th day of July, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.8
Bid#12-54 Instrument&Supply, Inc.
Page 2 of 2
City Council Meeting Minutes
June 19,2012
Page 1 of 19
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Fae e�l e Ward I Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position L—Mark Kinion
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position I—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
June 19, 2012
A meeting of the Fayetteville City Council was held on June 19, 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, Petty, Tennant, Ferrell, Adams, Lewis,
Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports and Discussion Items:
Nominating Committee Report
Alderman Gray gave the Nominating Committee Report.
Alderman Gray moved to approve the Nominating Committee Report. Alderman
Boudreaux seconded the motion. Upon roll call the motion passed unanimously.
A copy of the report is attached.
Agenda Additions: None
Consent:
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
June 19,2012
Page 2 of 19
Approval of the June 5, 2012 City Council meeting minutes.
Approved
MailCo, Inc.: A resolution to approve a contract with Mai1Co, Inc. for one year's mailing
services at an approximate cost of$246,072.51 with an option to renew the contract for another
four years.
Resolution 124-12 as recorded in the office of the City Clerk.
Bid #12-42 RP Power, LLC: A resolution awarding Bid #12-42 and authorizing the purchase
of one (1) power generator from RP Power, LLC in the total amount of$69,712.43 for use at the
Owl Creek lift station, and approving a budget adjustment.
This item was removed from the Consent Agenda for discussion.
Bid #12-44 Heavy Constructors of Arkansas, LLC & General Trucking Solutions, LLC: A
resolution awarding Bid#12-44 and authorizing the purchase of topsoil from Heavy Constructors
of Arkansas, LLC as a primary supplier and General Trucking Solutions, LLC as a secondary
supplier, for the unit prices stated, as needed through the end of calendar year 2012.
Resolution 125-12 as recorded in the office of the City Clerk.
Bid #12-45 Scurlock Industries & Neenah Foundry Company: A resolution awarding Bid
#12-45 and authorizing the purchase of tree grates from Scurlock Industries as a primary supplier
and Neenah Foundry Company as a secondary supplier for the unit prices stated, and authorizing
the use of other bidders based on price and availability, as needed through the end of calendar
year 2012.
Resolution 126-12 as recorded in the office of the City Clerk.
Arkansas Air and Military Museum, Inc.: A resolution approving a lease agreement with
Arkansas Air and Military Museum, Inc. for facilities at 4290 S. School Avenue and 4360 S.
School Avenue to provide an air museum at Fayetteville Executive Airport-Drake Field.
Resolution 127-12 as recorded in the office of the City Clerk.
Bid #12-46 Pavement Maintenance Unlimited, LLC: A resolution awarding Bid #12-46 and
authorizing a contract with Pavement Maintenance Unlimited, LLC for pavement rehabilitation
and re-marking at Fayetteville Executive Airport-Drake Field in the amount of $99,190.00,
approving Change Order No. 1 to the contract in the amount of$22,050.00,both contingent upon
the receipt of grant funding, authorizing acceptance of grant funding to fund ninety-five percent
(95%) of the project, approving a project contingency in the amount of$7,012.00, and approving
a budget adjustment.
Resolution 128-12 as recorded in the office of the City Clerk.
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Bid #12-52 Electrical Resources, Inc. DBA Milford Sign Co.: A resolution awarding Bid
#12-52 and approving a contract with Electrical Resources, Inc. DBA Milford Sign Co. in the
amount of$20,910.00 for the construction of park entry signs, and approving a ten percent (10%)
project contingency.
Resolution 129-12 as recorded in the office of the City Clerk.
MSI Consulting Group, LLC: A resolution approving a software license and lease contract
amendment with MSI Consulting Group, LLC to provide access to twenty-six (26) users to the
Virtual Justice Comprehensive Case Management System at a rate of$1,700.00 per month, plus
applicable taxes.
Resolution 130-12 as recorded in the office of the City Clerk.
Ranger's Pantry Pet Food Bank Grant Acceptance: A resolution to accept a generous grant
in the amount of$2,000.00 from the American Society for the Prevention of Cruelty to Animals
for the Ranger's Pantry Pet Food Bank and to approve a budget adjustment recognizing this
revenue.
Resolution 131-12 as recorded in the office of the City Clerk.
Ranger's Pantry Pet Food Bank Donation: A resolution to approve a budget adjustment in the
amount of$1,553.00 and to thank our generous citizens for donating to the Ranger's Pantry Pet
Food Bank.
Resolution 132-12 as recorded in the office of the City Clerk.
Community Development Block Grant: A resolution to approve a budget adjustment in the
amount of $5,518.00 to recognize Community Development Block Grant program income
received from a lien payoff.
Resolution 133-12 as recorded in the office of the City Clerk.
RFP #12-02 Cox Arkansas Telecom, LLC DBA Cox Business: A resolution awarding RFP
#12-02 and approving a contract for a period of three years, with two one-year automatic renewal
options, with Cox Arkansas Telecom, LLC DBA Cox Business in an annual amount of
$197,036.40 (subject to a $7,000.00 credit in year one), and for the optional modification and/or
expansion costs and long distance charges quoted, for City Telecommunications Services.
Resolution 134-12 as recorded in the office of the City Clerk.
Bid #12-43 Edwards Design & Construction, Inc.: A resolution awarding Bid #12-43 and
approving a contract with Edwards Design & Construction, Inc. in the amount of$1,589,482.00
for relocation and improvement of water and sewer lines near Arkansas State Highway 16
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(Huntsville Road), approving a project contingency of five percent (5%), and approving a budget
adjustment.
Resolution 135-12 as recorded in the office of the City Clerk.
Alderman Gray moved to approve the Consent Agenda as read with Bid #12-42 RP Power,
LLC removed for discussion. Alderman Lewis seconded the motion. Upon roll call the
motion passed unanimously.
The following item was removed form the Consent agenda for discussion
Bid #12-42 RP Power, LLC: A resolution awarding Bid #12-42 and authorizing the purchase
of one (1) power generator from RP Power, LLC in the total amount of$69,712.43 for use at the
Owl Creek lift station, and approving a budget adjustment.
Mayor Jordan: We are going to pull this off the agenda correct?
Don Marr, Chief of Staff: It needs to be tabled indefinitely.
Alderman Ferrell moved to table the resolution indefinitely. Alderman Boudreaux
seconded the motion. Upon roll call the motion passed unanimously.
This resolution was tabled indefinitely.
Unfinished Business:
RZN 12-4077 Halsell Road/Pratt Place Inn Appeal: An ordinance rezoning that property
described in rezoning petition RZN 12-4077, for approximately 2.37 acres, located on Halsell
Road from C-PZD, Commercial Planned Zoning District, to RSF-4, Residential Single-Family, 4
units per acre, subject to the offered Bill of Assurance. This ordinance was left on the Second
Reading at May 15, 2012 City Council meeting. This ordinance was left on the Third Reading
at June 05, 2012 City Council meeting. This ordinance was Tabled at the June 05, 2012 City
Council meeting to the June 19, 2012 City Council meeting.
Jeremy Pate gave a brief description of the ordinance.
Alderman Lewis: Jeremy can you explain the difference between the processes between this
type of lot split process versus a large scale development process when the idea is brought to
Planning?
Jeremy Pate explained the differences between the processes.
Alderman Lewis: So a lot split has the same setback expectations? The main difference is
administration versus Planning Commission approval.
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Jeremy Pate replied yes and continued explaining the differences.
Alderman Ferrell: On the proposed site that these homes will be built, were you satisfied?
Jeremy Pate: We haven't reviewed any formal plans but I did state that safety is always
something we review as any part of an application for development. I would not instruct my
staff to approve a project that would increase traffic danger.
Tim Crane, resident of 177 W. Halsell Road expressed his concerns and stated I am opposed to
the ordinance.
Julian Archer, the applicant gave a brief description of the lot split.
Alderman Boudreaux: Some of the comments we have received were that there was a
commitment made with the PZD that it would be kept whole. Can you explain to me why you
have changed your mind?
Julian Archer explained his reasons for requesting the change.
Fran Alexander, resident of 1946 Fox Hunter Road and half owner of the property that borders
Mr. Archer's property expressed her concerns and stated this is something that could be
challenged again. She went on to speak against the ordinance.
Alderman Ferrell: Fran, do you expect there will be many people that live there today that will
deed their property to be preservation areas in the future, or do you think they will ultimately be
sold for development?
Fran Alexander: I don't know because Mr. Archer owns most of the property there.
Alderman Petty: You said the commitment was made to maintain the rest of the property as a
buffer from the commercial activity to the neighborhood. I am wondering what a residential
development on the edge of the PZD does to change the buffer from the commercial
development.
Fran Alexander explained that the barn is closer to the neighbors on Sang than to her property.
She stated this development backs up to us in an area where it would be only one lot between our
property and the back of a home. Had we known it was not going to be left that way during the
PZD process, we would have opposed this.
Alderman Petty: So you are saying that you perceived the commitment at that time was to
buffer the neighborhood from any development, not just commercial activity.
Fran Alexander: Essentially yes.
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John Davidson, resident of 221 N. Locust and the developer stated in case anyone has questions
I am available.
Alderman Lewis stated the main concern I have heard from the neighbors is the need for
treatment to the corner on Halsell and the increase in traffic along with the change in the PZD.
She pointed out the concerns she had.
Jeremy Pate clarified the PZD process and stated this is looking at the impact of the lots or
development.
Alderman Lewis: My concern is that this would not go through a public process and would
reduce the likelihood of street improvements if this comes forward.
City Attorney Kit Williams: The public process would not have any affect on whether or not
we could require them to improve the road. It's not the public process; it's just how much
impact there would be.
Alderman Lewis stated still the street improvements are a concern for me on this. She
expressed her concerns with changing the PZD and stated I probably will not support it at this
time.
Alderman Adams stated I own a house on Halsell Road and we have some very serious
problems on Halsell right now. She expressed her concerns with the impact this was going to
have on the traffic, sidewalks and particularly considering we are going to have more impact on
the trip to the high school from the west side of town.
Alderman Petty stated a development is the best opportunity to make improvements happen. I
am hoping that some of the former Aldermen who were here then can speak to their perceptions
of those conversations as well. That is what is going to make up my mind and help me make a
decision tonight.
Mayor Jordan shared his recollections of past meetings when the PZD was approved.
Alderman Boudreaux also shared her recollections of the past meetings. She stated I feel like
this will probably be the only portion that will be carved out of the original PZD and I am having
difficulty not supporting their appeal.
Alderman Ferrell: Halsell is a problem but the real reason this room fills up anytime someone
wants to change anything west or north of Razorback Road is that the people like it the way it is
and I don't blame them. I do not think that everyone up there is going to leave their property to a
nature conservancy. I will support it.
Alderman Gray: We have to remember that sometimes there needs to be changes. I'm sure the
Archer's did not intend to sell off the property but also did not see the recession coming.
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Alderman Tennant: I don't like the idea of weakening a PZD or overturning the Planning
Commission. I agree with people up here who have said that a lot of our streets have problems.
The idea of this developing could be a help to that road in the long run. I will support it.
Alderman Ferrell: I think it would be good for somebody to improve Halsell Road. That is
ultimately going to be part of resolution to the whole thing.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3.
Alderman Tennant, Ferrell, Gray, Boudreaux and Petty voting yes. Alderman Adams,
Lewis and Kinion voting no.
Ordinance 5506 as Recorded in the office of the City Clerk
Proposed 2013-2017 Five-Year Capital Improvements Plan: A resolution adopting the 2013-
2017 Five-Year Capital Improvements Plan. This resolution was tabled at the June 05, 2012
City Council meeting to the June 19, 2012 City Council meeting.
Paul Becker, Finance Director gave a brief description of the resolution.
Alderman Ferrell: What is the thinking on the public safety amounts?
Paul Becker stated we have incorporated apparatus or fire trucks into the plan. That year has
been identified for the replacement of a ladder truck which is far more expensive than the normal
pumpers.
Alderman Ferrell: Under Solid Waste why the spike in 2013 and then down a couple hundred
thousand the rest of the year?
Paul Becker: We are looking at the Solid Waste transfer station expansion, a recycling bailer
and a composite site expansion.
Don Marr: The Solid Waste plan is going to come back for a full discussion with the Council
as a result of the master plan of a processed collection system etc. This is the one part of this
plan that I think you could see dramatic changes based on your decisions on a solid waste design.
Alderman Ferrell: Part of the predicate on previously capital expenditures was on the operating
cost of the sewer part, once we made improvements it was going to save us money in the long
haul which I think it is. I am assuming we will see that in the yearly funding if we go along.
Don Marr: On the Solid Waste item it would be geared around processing to create higher
commodity sales to generate revenue which is an upcoming Council discussion in general about
what direction you want to go. He went on to explain the revenue coming from the recyclable
collections, etc.
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Alderman Lewis clarified Don Marr's statements. She stated we need to do a better job of
telling the story of the money and what we are actually getting in return. She requested that we
include, as part of the discussion for capital improvement, an education director for our
recycling. We have talked about increasing our investment in drainage. What is the story related
to further investing in drainage improvements.
Paul Becker explained past conversations on drainage improvements.
Alderman Lewis: There has been talk about bringing back to the table stormwater utility so I
will just follow up with you.
Paul Becker: These are all discussions that are going to take place and we are going to look at
during budget time.
Mayor Jordan stated its massive stuff that I don't know how we are going to pay for it.
Alderman Petty moved to approve the resolution. Alderman Adams seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 136-12 as recorded in the office of the City Clerk.
Amend §173.08 Arkansas Energy Code: An ordinance to amend §173.08 Arkansas Energy
Code of the building regulations chapter of the U.D.C. to adopt the 2009 Residential
International Energy Efficiency Code, with amendments herein. This ordinance was left on the
First Reading at the June 05, 2012 City Council meeting.
City Attorney Kit Williams: I think we should probably table this until July 17u'. We have to
do some additional notification to comply. When you adopt a code by reference you need to
advertise that in the paper and make sure everyone knows they can come see the code in the City
Clerk office. I would also ask the Ordinance Review Committee to consider having a quick
meeting on that to go over a number of issues related to that before it comes back to the Council.
Alderman Ferrell: Can anyone show me a downside of sending this to the Planning
Commission?
Jeremy Pate explained why they normally would not need to take this part of the building code
before the Planning Commission.
Alderman Ferrell: So when more than one Alderman brings something to you it does not go
through Planning and goes straight to the Council?
Jeremy Pate: Not unless they request that it go to Planning.
Alderman Ferrell: I would hope that we at least send it to Ordinance Review.
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Mayor Jordan: That is fine.
Alderman Lewis moved to table the ordinance to the July 17, 2012 City Council meeting
and send it to Ordinance Review. Alderman Ferrell seconded the motion. Upon roll call
the motion passed unanimously.
This ordinance was Tabled to the July 17, 2012 City Council meeting.
RZN 12-4108 (4847 W. Wedington Dr./Bank of Wynne): An ordinance revoking R-PZD 07-
2576 (Woodstock) and rezoning that property described in rezoning petition RZN 12-4108, for
approximately 31.68 acres, located at 4847 West Wedington Drive from R-PZD, Residential
Planned Zoning District 07-2576, to R-A, Residential Agricultural. This ordinance was left on
the First Reading at the June 05, 2012 City Council meeting.
City Attorney Kit Williams: Jeremy has a revised ordinance and we should probably read that.
It is also in agreement with the land owner.
Jeremy Pate stated that is correct. He gave a brief explanation of the amended ordinance.
City Attorney Kit Williams: I would suggest, if possible, that the City Council would amend
the current ordinance to the one that Jeremy is handing out tonight.
Alderman Boudreaux moved to amend the ordinance as submitted by Planning at the City
Council meeting. Alderman Ferrell seconded the motion. Upon roll call the motion passed
7-0. Alderman Gray was absent during the vote.
City Attorney Kit Williams read the new ordinance.
Alderman Petty: When the Planning Commission denied this the first time do you think the
principal concern was community services along the entire frontage, or the remainder of it being
RSF-4, or something else entirely?
Jeremy Pate explained the concerns of the Planning Commissioners.
Alderman Petty: I like the mixture of uses a lot more than the original proposal but I'm still
hesitant about residential office on Wedington. I wouldn't be comfortable voting for it tonight. I
would like to send it back to the Planning Commission.
Alderman Lewis: I spoke with the applicant and I would request that we hold it so he can at
least go to the Ward 4 meeting.
Jeremy Kennedy, speaking on behalf of the applicant gave a brief explanation of the ordinance
and asked the Council not to send it back to the Planning Commission.
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Alderman Kinion: I want to mention what Matthew said along Wedington where you have the
R-O, it seems like C-S would be appropriate there. I don't understand why you have 5.6 acres
there between 48`h Avenue and going west from Wedington and changing that to R-O. It seems
out of context with the rest of the land that has been provided to us.
Jeremy Kennedy explained why the area would be zoned R-O.
Alderman Adams: So you will put signs back up and come to the Ward 4 meeting?
Jeremy Kennedy: We would be happy to do both those things.
Alderman Adams: That would be great. I am the most bothered by the fact that we do not have
any public notice on the property if we just run through this. I think it's a great plan so far.
Jeremy Kennedy: I don't know what the procedure on that is but I can get with Jeremy and see
if we can get those signs put back up.
Alderman Adams: That can be done without going back to Planning Commission then?
Jeremy Pate: Certainly.
Valerie Biendara, resident of Fieldstone off Wedington spoke on the impact this would have on
her. She spoke against the ordinance.
Mayor Jordan gave his recollections of a past development that was put in in that area.
Alderman Lewis moved to go to the second reading and hold it there. Alderman Ferrell
seconded the motion.
City Attorney Kit Williams clarified that the ordinance was currently on the second reading.
Alderman Lewis: I would like to hold it there.
This ordinance was left on the Second Reading.
R-PZD 12-4079 (N.W. Corner of W. Cleveland St. & Hall Ave./Project Cleveland): An
ordinance establishing a Residential Planned Zoning District titled R-PZD 12-4079, Project
Cleveland, located at the northwest corner of West Cleveland Street and Hall Avenue; containing
approximately 2.71 acres; amending the official zoning map of the City of Fayetteville; and
adopting the Associated Master Development Plan. This ordinance was left on the First
Reading at the June 05, 2012 City Council meeting.
Alderman Lewis 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 Adams was
absent during the vote.
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