The URL can be used to link to this page

Home My WebLink About2015-03-17 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant Ward 1 Position I Ward 3 Position I e �- Alderman Sarah Marsh a. Alderman Martin W. Schoppmeyer,Jr. Ward I Position 2 Ward 3 Position 2 Alderman Mark Kinion Alderman John La Tour Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting March 17, 2015 A meeting of the Fayetteville City Council was held on March 3, 2015 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order 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 3, 2015 City Council meeting minutes. APPROVED 2. Gulf Coast High Intensity Drug Trafficking Area Funding: A resolution to authorize acceptance of funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of$116,644.00 for the Police Department, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 63-15 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 3. Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 1.2.1 Limits of Authority; 1.3.1 Use of Force; 1.3.4 Less Lethal Weapons and Defensive Tactics; 46.1.10 Active Threats; 48.1.1 Next of Kin Notifications/Assistance Services; and 71.1.1 Detainee Transport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 64-15 4. Sport Court: A resolution to authorize a contract with Sport Court in the amount of $54,785.00 pursuant to the Tips/Taps interlocal purchasing system contract for the purchase and installation of new gymnasium flooring at the Yvonne Richardson Community Center, to approve a project contingency in the amount of$5,089.32, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 65-15 B. Unfinished Business 1. Enact Article III Procedure to Exercise Initiative and Referendum Rights of Chapter 36: Elections: An ordinance to enact Article III Procedure to Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum. This ordinance was left on the First Reading at the January 20, 2015 City Council Meeting. This ordinance was tabled to the March 17, 2015 C Council Meeting at the February 3, 2015 City Council Meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING 2. Raze and Removal Kenneth C. and Wanda L. Easterling: A resolution to order the razing and removal of a dilapidated and unsafe structure owned by Kenneth C. and Wanda L. Easterling located at 909 W. Eagle Street in the City of Fayetteville, Arkansas, and to approve a budget adjustment. This resolution was tabled at the September 16, 2014 City Council Meeting to the December 2, 2014 City Council Meeting. This resolution was tabled at the December 2,2014 City Council Meeting to the March 17, 2015 City Council Meeting. THIS RESOLUTION WAS DENIED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov C. Public Hearing 1. Destiny Limousines,LLC DBA Ambassador Transportation Services: A resolution to grant a Certificate of Public Convenience and Necessity to Destiny Limousines, LLC dba Ambassador Transportation Services for the operation of two (2) to six (6) taxicabs in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66-15 2. College Town Limo: A resolution to grant a Certificate of Public Convenience and Necessity to College Town Limo for the operation of one (1) to three (3) limousines in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 67-15 D. New Business 1. VAC 15-4948 (3215 N North Hills Drive/WRMC Women's Clinic): An ordinance approving VAC 15-4948 submitted by USI Consulting Engineers for property located at 3215 North Hills Drive to vacate portions of existing utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5757 Announcements: City Council Agenda Session Presentations: Agenda Session Presentation - Urban Forestry Advisory Board Presentation led by UFAB Chair, Don Steinkraus. City Council Tour: None Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting: March 17, 2015 Adjourn: • 2 L �, I I Subject: Roll Gray Present Marsh Present Kinion Present Petty Present Tennant Present Schoppmeyer Present La Tour Present Long Present Mayor Jordan Present 9-0 Subject: Nominating Committee Report Motion To: Approve Motion By: Marsh Seconded: Gray Gray Yes Approved Marsh Yes Kinion Yes. Petty Yes Tennant Yes Schoppmeyer Yes La Tour Yes Long Yes Mayor Jordan 8-0 City Council Meeting: March 17, 2015 Subject: Consent Motion To: Approve Motion By: Long Seconded: Gray Gray Yes Approved Marsh Yes Kinion Yes Minutes Petty Yes Approved Tennant Yes Schoppmeyer Yes J�< J La Tour Yes Ul Long Yes f Mayor Jordan �✓ 8-0 Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan City Council Meeting: March 17,2015 ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM Subject: RIGHTS OF CHAPTER 36: ELECTIONS Motion To: Second Read Motion By: Gray Seconded: Petty B. 1 Gray Yes Unfinished Marsh Yes Business Kinion Yes Petty Yes Left on the Tennant Yes Second Schoppmeyer Yes Reading La Tour No ,Long Yes Mayor Jordan 7-1 Subject: RAZE AND REMOVAL KENNETH C.AND WANDA L. EASTERLING Motion To: Deny the Resolution Motion By: Marsh Seconded: Gray B 2 Gray Yes Unfinished Marsh Yes Business Kinion Yes Petty Yes This Tennant Yes Resolution Schoppmeyer Yes was Denied La Tour Yes Long Yes Mayor Jordan 8-0 City Council Meeting: March 17,2015 Subject: DESTINY LIMOUSINES, LLC DBA AMBASSADOR TRANSPORTATION SERVICES Motion To: Approve Motion By: Marsh Seconded: Long C. 1 Gray Yes Public Marsh Yes Hearing Kuno° Yes Petty Yes Approved Tennant Yes Schoppmeyer No La Tour Yes Long Yes LPU—R5 Mayor Jordan / 7-1 Subject: COLLEGE TOWN LIMO Motion To: Approve Motion By: Petty Seconded: Marsh C 2 Gray Yes Public Marsh Yes Hearing Kinion Yes Petty Yes Approved Tennant Yes Schoppmeyer Yes La Tour Yes Long Yes Mayor Jordan 8-0 City Council Meeting: March 17, 2015 Subject: VAC 15-4948 (3215 N NORTH HILLS DRIVE/WRMC WOMEN'S CLINIC) Motion To: Second Read Third Read Pass Motion By: Gray Gray Seconded: Marsh Marsh D. 1 Gray Yes Yes Yes New Marsh Yes Yes Yes Business Kinion Yes Yes Yes Petty Yes Yes Yes Approved Tennant Yes Yes Yes Schoppmeyer Yes Yes Yes La Tour Yes Yes Yes Long Yes Yes Yes b15-4 Mayor Jordan 8-0 8-0 8-0 Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Schoppmeyer La Tour Long Mayor Jordan ol, e End DEPARTMENTAL CORRESPONDENCE j, OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford THRU: Sondra Smith, City Clerk Paralegal �DATEFROM: Kit Williams, City Attorney L--- DATE: : March 18,2015 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of March 17,2015 1. A resolution to authorize acceptance of funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of$116,644.00 for the Police Department, and to approve a budget adjustment. 2. A resolution to approve Fayetteville Police Department policies 1.2.1 Limits of Authority; 1.3.1 Use of Force; 1.3.4 Less Lethal Weapons and Defensive Tactics; 46.1.10 Active Threats; 48.1.1 Next of Kin Notifications/Assistance Services; and 71.1.1 Detainee Transport. 3. A resolution to authorize a contract with Sport Court in the amount of $54,785.00 pursuant to the Tips/Taps Interlocal Purchasing System Contract for the purchase and installation of new gymnasium flooring at the Yvonne Richardson Community Center, to approve a project contingency in the amount of $5,089.32, and to approve a budget adjustment. 4. A resolution to grant a Certificate of Public Convenience and Necessity to Destiny Limousines, LLC DBA Ambassador Transportation Services for the operation of two (2) to six (6) taxicabs in the City of Fayetteville. 5. A resolution to grant a Certificate of Public Convenience and Necessity to College Town Limo for the operation of one (1) to three (3) limousines in the City of Fayetteville. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 Meeting Agenda - Final Tuesday, March 17, 2015 5:30 PM City Hall Room 219 City Council Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 City Council Meeting Agenda-Final March 17,2015 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: A.1 2014-0499 Approval of the March 3, 2015 City Council meeting minutes. A.2 2015-0101 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA FUNDING: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $116,644.00 FOR THE POLICE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: SRP-2015 GCHIDTA BA- FPD HIDTA FY 2015 A.3 2015-0111 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.1 LIMITS OF AUTHORITY; 1.3.1 USE OF FORCE; 1.3.4 LESS LETHAL WEAPONS AND DEFENSIVE TACTICS; 46.1.10 ACTIVE THREATS;48.1.1 NEXT OF KIN NOTIFICATIONS/ASSISTANCE SERVICES; AND 71.1.1 DETAINEE TRANSPORT Attachments: Fayetteville Police Policies City of Fayetteville,Arkansas Page 2 Printed on 3112/2015 City Council Meeting Agenda-Final March 17,2015 A.4 2015-0120 SPORT COURT: A RESOLUTION TO AUTHORIZE A CONTRACT WITH SPORT COURT IN THE AMOUNT OF $54,785.00 PURSUANT TO THE TIPS/TAPS INTERLOCAL PURCHASING SYSTEM CONTRACT FOR THE PURCHASE AND INSTALLATION OF NEW GYMNASIUM FLOORING AT THE YVONNE RICHARDSON COMMUNITY CENTER,TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF$5,089.32, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: YRCC Floor Packet 2015-0120 BA2015 YRCC Flooring.xlsm B. Unfinished Business: B.1 2015-0008 ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS: AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM Attachments: Agenda Packet Ord 6 36.20 Referendum Procedural Ordinance 020315 Proposed Referendum and Initiative Language This ordinance was left on the First Reading at the January 20, 2015 City Council meeting. This ordinance was tabled to the March 17, 2015 City Council Meeting at the February 3, 2015 City Council Meeting. City of Fayetteville,Arkansas Page 3 Printed on 3112/2015 City Council Meeting Agenda-Final March 17,2015 B.2 2014-0382 RAZE AND REMOVAL KENNETH C.AND WANDA L. EASTERLING: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY KENNETH C. AND WANDA L. EASTERLING LOCATED AT 909 W. EAGLE STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: SRF (909 Eagle)C#19276 SRM R&R Council Memo (909 Eagle)C#19276 BA-909 W Eagle Supporting Documents(909 Eagle) C#19276 This resolution was tabled at the September 16, 2014 City Council meeeting to the December 2, 2014 City Council meeting. This resolution was tabled at the December 2,2014 City Council meeting to the March 17, 2015 City Council meeting. C. Public Hearing: CA 2015-0098 DESTINY LIMOUSINES,LLC DBA AMBASSADOR TRANSPORTATION SERVICES: A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO DESTINY LIMOUSINES, LLC DBA AMBASSADOR TRANSPORTATION SERVICES FOR THE OPERATION OF TWO (2)TO SIX(6)TAXICABS IN THE CITY OF FAYETTEVILLE Attachments: AR-Ambassador Notice From Applicant to Taxi Owners 030915 Destiny Limousines Notification Packet 030615 C.2 2015-0099 COLLEGE TOWN LIMO: A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO COLLEGE TOWN LIMO FOR THE OPERATION OF ONE(1) TO THREE(3)LIMOUSINES IN THE CITY OF FAYETTEVILLE Attachments: AR-College Town 2015 College Town Limo public meeting notice packet 030915 Burchell Memo City of Fayetteville,Arkansas Page 4 Printed on 3112/2015 City Council Meeting Agenda-Final March 17,2015 D. New Business: D.1 2015-0121 VAC 15-4948(3215 N NORTH HILLS DRIVE/WRMC WOMEN'S CLINIC): AN ORDINANCE APPROVING VAC 15-4948 SUBMITTED BY USI CONSULTING ENGINEERS FOR PROPERTY LOCATED AT 3215 NORTH HILLS DRIVE TO VACATE PORTIONS OF EXISTING UTILITY EASEMENT Attachments: 15-4948 CC REPORTS 15-4948 ORD EXHIBITS 15-4948 CC ORD E. City Council Agenda Session Presentations: E. 1 2015-0066 Agenda Session Presentation - Urban Forestry Advisory Board Presentation led by UFAB Chair, Don Steinkraus. F. City Council Tour: G. Announcements: H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City or Fayetteville,Arkansas Page 5 Printed on 3112/2015 City Council Meeting Agenda-Final March 17,2015 All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant(city contractor, rezoning or development applicant, etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos,petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting.Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided,this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville,Arkansas Page 6 Printed on 3112/2015 City Council Meeting Agenda-Final March 17,2015 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. City of Fayetteville,Arkansas Page 7 Printed on 3112/2015 Branson, Lisa From: Christopher Burchell <christopherburchell@icloud.com> Sent: Thursday, March 12,2015 1:45 AM To: currysinc@gmail.com; Brian@Lesterfirm.com; pointoak@gmail.com; brad@ridegreencab.com;joew@nwataxi.com;Colestocking3@gmail.com Cc: Smith, Sondra; Branson, Lisa Subject: OFFICIAL NOTIFICATION: Certificate of Public Convenience and Necessity requested Attachments: 2015 College Town Limo public meeting notice packet 030915.pdf Dear fellow wheelmen of Fayetteville, I am happy to announce my intention to offer a new limousine service to Fayetteville's residents and visitors. As required by ordinance, I have requested a Certificate of Public Convenience and Necessity from the city. The Fayetteville City Council will consider my request during their regular 5:30pm meeting this Tuesday, March 17th in Room 219 at City Hall, 113 West Mountain in Fayetteville. The process affords an opportunity for public comment before the council votes to grant or deny my request. Please help strengthen Fayetteville's hired car sector by supporting my efforts to improve the capacity and diversity of the services we offer. Sincerely, Chris Burchell t City Council Meeting Minutes March 3,2015 Page 1 of 11 Alderman Adella Gray Alderman Justin Tennant Ward 1 Position 1 Ward 3 Position 1 Alderman Sarah Marsh ❑ Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion -- � - -- Alderman John La Tour Ward 2 Position 1 Ward 4 Position 1 Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting March 3,2015 A meeting of the Fayetteville City Council was held on March 3, 2015 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Alderman Schoppmeyer arrived at 5:38 p.m. Pledge of Allegiance: Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: Natural Heritage Association Presentation Connie Edmonston, Parks & Recreation Director stated that a check would be presented to the Council from the Natural Heritage Association as a promise to help pay for the purchase of the Gulley Park expansion. Bob Caulk,Natural Heritage Association, Wade Colwell, Cow Paddy Foundation and Max Mahler, Friends of Gulley Park thanked donors for their generosity and presented a check to the Council for the Gulley Park expansion. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 2 of 11 Pete Heinzelmann stated his appreciation to Wade Colwell and Max Mahler for their efforts on the Gulley Park extension. He thanked Mayor Jordan and the City Council for saving such a special place for Fayetteville and for future generations. Mayor Jordan thanked the Natural Heritage Association, John Coleman, Wade Colwell, Max Mahler, Bob Caulk, Pete Heinzelmann, City Council and staff. He stated it was great to preserve a natural area in Fayetteville. Agenda Additions: None Consent: Approval of the February 17, 2015 City Council meeting minutes. Approved Hazmat Services Revenue: A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $11,315.00 and increasing the related expense budget. Resolution 46-15 as recorded in the office of the City Clerk Bid #15-19 Pig Trail Harley Davidson: A resolution to award Bid #15-19 to Pig Trail Harley Davidson of Rogers, Arkansas and authorize the purchase of three (3) 2015 Harley Davidson FLHTP motorcycles in the total amount of$59,742.00 for use by the Police Department. Resolution 47-15 as recorded in the office of the City Clerk Bid #15-20 Truck Centers of Arkansas: A resolution to award Bid#15-20 to Truck Centers of Arkansas and authorize the purchase of two (2) Freightliner M2-106 trucks with Kann Recycle Bodies in the total amount of$340,852.00 for use by the Recycling and Trash Collection Division. Resolution 48-15 as recorded in the office of the City Clerk Bid #15-18 Lewis Ford Sales, Inc.: A resolution to award Bid #15-18 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of two (2) 2015 Ford F550 4x4 trucks with Reading Utility Bodies in the amount of$91,407.52 for use by the Water and Sewer Operations Division. Resolution 49-15 as recorded in the office of the City Clerk Oakland Avenue Right of Way Dedication: A resolution to approve the dedication of 22 feet of right of way from centerline for Oakland Avenue along the east side of 940 West Maple Street as recommended by the Planning Commission. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 3 of 11 Resolution 50-15 as recorded in the office of the City Clerk Williams Tractor of Fayetteville: A resolution to approve the purchase of four(4)Hustler Super Z mowers from Williams Tractor of Fayetteville in the total amount of$47,857.00 pursuant to a state procurement contract. Resolution 51 -15 as recorded in the office of the City Clerk Williams Tractor of Fayetteville: A resolution authorizing the purchase of one (1)New Holland T6.155 4WD cab tractor with loader in the amount of $73,255.00 and one (1) New Holland Workmaster 55 4WD tractor in the amount of$20,195.00 from Williams Tractor of Fayetteville, pursuant to the National Joint Powers Alliance cooperative purchasing contract. Resolution 52 -15 as recorded in the office of the City Clerk Countryside Farm and Lawn: A resolution to authorize the purchase of a John Deere 6115D cab tractor with H340 Farm Loader from Countryside Farm and Lawn of Springdale, Arkansas in the amount of$68,607.76 plus any applicable tax pursuant to the National Joint Powers Alliance cooperative purchasing agreement. Resolution 53 -15 as recorded in the office of the City Clerk Gametime c/o Cunningham Recreation: A resolution to authorize a contract with Gametime c/o Cunningham recreation in the amount of$21,030.45 pursuant to a state procurement contract for the purchase and installation of playground equipment for Prism Education Center. Resolution 54-15 as recorded in the office of the City Clerk Arkansas Recreational Trails Program Grant: A resolution to express the willingness of the City of Fayetteville to utilize Federal-Aid recreational trails funds and authorizing application for a 20% local match grant through the Arkansas Recreational Trails program in an amount up to $75,000.00 for construction of three sections of boardwalk on the Lake Fayetteville Nature Trail. Resolution 55-15 as recorded in the office of the City Clerk Crossland Construction Company, Inc. (Regional Park): A resolution to award Bid #14-66 and authorize a contract with Crossland Construction Company, Inc. in the amount of $11,788,362.19 for construction of Phase One of the Regional Park, to approve Change Order No. 1 to reduce the contract price by the amount of$2,358,997.27, to approve a project contingency in the amount of$528,000.00, and to approve a budget adjustment. Resolution 56-15 as recorded in the office of the City Clerk Goodwin & Goodwin, Inc. (Regional Park): A resolution to award Bid#15-15 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of$707,007.50 for construction of a new 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 4 of 11 18 inch waterline for the Kessler Mountain/Regional Park Waterline project, and to approve a project contingency of$70,701.00. Resolution 57-15 as recorded in the office of the City Clerk Garver, LLC (Regional Park): A resolution to approve Amendment No. 1 to the contract with Garver, LLC to add construction phase services on the Kessler Mountain/Regional Park Waterline project in an amount not to exceed$71,200.00. Resolution 58-15 as recorded in the office of the City Clerk Lose and Associates, Inc. (Regional Park): A resolution to approve Amendment No. 2 to the agreement with Lose and Associates, Inc. in an amount not to exceed$322,137.00 for construction administration services for Phase One of the Regional Park project, and to approve a budget adjustment. Resolution 59-15 as recorded in the office of the City Clerk Grubbs, Hoskyn, Barton & Wyatt, Inc. (Regional Park): A resolution to authorize a contract with Grubbs,Hoskyn, Barton&Wyatt, Inc. for construction materials testing for Phase One of the Regional Park project in an amount not to exceed$91,000.00, and to approve a budget adjustment. Resolution 60-15 as recorded in the office of the City Clerk Alderman Gray moved to accept the Consent Agenda as read. Alderman Long seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 14-4882(East Side of Rupple RD./Westside Village): An ordinance rezoning that property described in Rezoning Petition RZN 14-4882, for approximately 21.63 acres, located on the east side of Rupple Road North of the Boys and Girls Club, from R-PZD, Residential Planned Zoning District R-PZD 06-1884 Westside Village, to NS, Neighborhood Services. This ordinance was left on the First Reading at the February 3, 2015 City Council meeting. This ordinance was left on the Second reading at the February 17, 2015 City Council meeting. Alderman Long moved to suspend the rules and go to the second reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 5 of 11 City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5752 as Recorded in the office of the City Clerk RZN 14-4938(N.W.Cross & Maine Intersection/West End Addition): An ordinance rezoning that property described in Rezoning Petition RZN 14-4938, for approximately 2.5 acres, located at Northwest Corner of Cross & Maine Streets from an expired R-PZD, Residential Planned Zoning District Markham Hill Cottages (R-PZD 09-3237), to RSF-8, Residential Single Family, 8 units per acre. This ordinance was left on the First reading at the February 17, 2015 City Council meeting. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Long seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The Planning Commission disagreed with staff's RMF-24 recommendation and recommended RSF-8. Staff is in favor of either, RMF-24 or RSF-8. A discussion followed about the zoning of the property and not about what is going to be built on the property. Andrew Henson, Applicant: Thank you for coming to look at the property. We are asking for RMF-24 because of the terrain and the difficulty of developing. Alderman La Tour requested for Jeremy Pate to speak about the surrounding area that had similar zoning classifications. Jeremy Pate gave a description of the surrounding area that is zoned RMF-24. Alderman Petty: The PZD that this was under before, how many units was it authorized for? Jeremy Pate: It was between 17 to 18 building units per acre. Tom Brown, 2031 West Maine spoke in opposition of the RMF-24 zoning. He is favor of the RSF-8 zoning. Andrew Henson stated he would be willing to decrease the number from the RMF-24 zoning if it would help. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 6 of 11 Alderman Long: This is a hidden gem in Fayetteville. It is in a wooded area and low infrastructure in the surrounding area. I think RMF-24 is too high of a density, but RSF-8 might be too low. A discussion followed about the options of lowering the rezoning from RMF-24. Alderman La Tour: The landowner knows what is best for his property. If they want RMF-24, we should grant them RMF-24. I would compromise down to a lower number, if they would compromise. The project has to be economically viable or nothing will happen. City Attorney Kit Williams gave a brief description about the mass rezoning that was done in the 1970's. Alderman Marsh: I toured the site. It makes me nervous seeing a wooded hillside go up for development. I am putting faith in our Hillside Protection ordinance, Tree Preservation ordinance and Drainage Criteria Manual and hope they are going to protect the people who live downhill from erosion and stormwater runoff. As far as proximity to goods and services, this is a good location for housing. I would support up to a RMF-24. I like the idea of having a variety of housing types. Alderman Long: Would the RMF-12 designation accomplish your goal? Andrew Henson: It would make it more challenging and more difficult. We would be willing to step down to RMF-18. Alderman Gray stated she believed that RMF-18 would be a nice compromise. Alderman Long moved to amend the zoning to RMF-18. Alderman Petty seconded the motion. Upon roll call the motion passed unanimously. Alderman Tennant moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5753 as Recorded in the office of the City Clerk Gulley Park Two Single Family Lot Sell: A resolution to authorize Mayor Jordan to offer for sale approximately 1.25 acres of city owned real property on Old Wire Road near Gulley Park. This resolution was tabled to the March 3, 2015 City Council meeting at the February 17, 2015 City Council meeting. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 7 of 11 Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. She requested to change the sealed bid date to May 4, 2015 to give more time to sell the property. She requested that the current zoning of RSF-4 would remain intact. Don Marr, Chief of Staff discussed the zoning notification process. A discussion followed about amending the resolution to change the sealed bid date to May 4,2015. Alderman Long: In regards to potentially rezoning this in the future, how would we give notification to people? City Attorney Kit Williams: We would follow our normal rezoning procedures where staff would present it and they would follow all the notification procedures. They would mail the letter, publish in the newspaper and put up signs. Jeremy Pate: Correct. Alderman Petty moved to amend the resolution to change the sealed bid date to May 4,2015. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. Alderman Tennant moved to approve the resolution. Alderman Long seconded the motion. Upon roll call the resolution passed unanimously. Resolution 61 -15 as recorded in the office of the City Clerk New Business: Rezoning Petition RZN 15-4942: An ordinance rezoning that property described in Rezoning Petition RZN 15-4942, for approximately 4.84 acres, located at 3010 West Old Farmington Road from R-A, Residential-Agriculture to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The Planning Commission voted 9-0 in favor of the request. Staff is in favor of the rezoning request. Vicky Bedford,Applicant stated she believes that RSF-8 would be an appropriate density for the acreage. Alderman Tennant moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 8 of 11 Alderman Long moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5754 as Recorded in the office of the City Clerk Walton Arts Center Expansion: An ordinance to waive competitive bidding and approve a Memorandum of Understanding with the Walton Arts Center, CDI Contractors, LLC and Boora Architects, Inc. to spend not to exceed$6,323,515.00 of the 2014 HMR bond proceeds to partially pay for the Walton Arts Center Expansion and Enhancement project. City Attorney Kit Williams read the ordinance. Paul Becker,Finance Director gave a brief description of the ordinance. City Attorney Kit Williams: At Agenda Session, I pointed out that we had been working on a contract with the Walton Arts Center. I have a slightly amended version that has been signed by all parties,but the City of Fayetteville. The slight change was in paragraph 5 of the agreement that expanded on the explanation of how the citizens of Fayetteville's investment would be acknowledged and honored by the Walton Arts Center. I am satisfied with the agreement. Mayor Jordan: Thank you Kit for working on that. Tim Vogt, CFO of the Walton Arts Center: The Walton Family Foundation gave us a grant of$5 million towards this project. It is a one to three match. We are happy to report that we have raised almost $20 million to date. We are well on our way to our target of$23 million to accomplish this project. Thank you to the Mayor, Don, City Council, A&P Commission and especially the citizens of Fayetteville. It was their support in November 2013 to vote these funds towards this project. Alderman Tennant moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The reason I put this in an ordinance,waiving competitive bidding, is that we properly selected CDL The Memorandum of Understanding includes two other parties including the Walton Arts Center, we are doing a cost share with them, and because it is a $6 to $7 million contract, I like as many as backstops as I can have so that someone can't challenge it and recover taxpayers' money. Alderman Petty: Do we need to make an amendment for your new Memorandum of Understanding? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 9 of 11 City Attorney Kit Williams: No. It is understood that this will be the Memorandum that was approved. I don't think you need an amendment to that. This is what you will be approving and authorizing Mayor Jordan to sign. Alderman Petty moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Tennant: Thank you to City Attorney Williams for featuring the citizens of Fayetteville in the recognition wall. The citizens of Fayetteville are a huge donor. Mayor Jordan thanked everyone involved in the project. He stated it is a wonderful moment in the City of Fayetteville. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5755 as Recorded in the office of the City Clerk New World Systems Corporation (Software Service and Maintenance): An ordinance to waive the requirements of formal competitive bidding and approve a two (2) year contract with New World Systems Corporation for software service and maintenance in the amount of $106,690.00 per year, plus any applicable sales taxes. City Attorney Kit Williams read the ordinance. Paul Becker,Finance Director gave a brief description of the ordinance. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5756 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 10 of 11 2015 Employee Compensation Adjustment: A resolution to approve a budget adjustment in the amount of$1,375,000.00 to fund the City-Wide 2015 Employee Compensation Adjustment. Paul Becker, Finance Director gave a brief description of the resolution. Alderman Marsh: We will now have all our employees at market rate? Mayor Jordan: Absolutely. Alderman Long: Are we at market rate or above market rate? We have a city policy of being above market rate on pay. Don Marr, Chief of Staff: We strive to be above market rate, but we are at market rate. Alderman Marsh: The surplus that is enabling us to do this was achieved primarily through expense control. Thank you to all the city staff for your wise and prudent use of city resources that enables us to do this. Alderman Petty moved to approve the resolution. Alderman Long seconded the motion. Upon roll call the resolution passed unanimously. Resolution 62-15 as recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff. The City of Fayetteville Historic Preservation award nominations are being accepted. These are nominations to honor projects, organizations and individuals that have displayed an outstanding commitment, practice or leadership in the preservation area in Fayetteville. The deadline is Friday, March 27, 2015 at 5:00 p.m. The Parks & Recreation Youth Softball registration runs through March 15, 2015. The National Weather Service issued a winter storm for our area. Our Transportation Division will be going to shifts at 4:00 a.m. in the morning. This event is projected to start with freezing rain, which prohibits and limits pretreatment capabilities. We want to caution citizens to expect impaired travel tomorrow. Alderman Marsh: Would you recommend that people go ahead and put their trash and recycling out tonight, for collection tomorrow? Don Marr: Yes. We will get as much done before we aren't able. City Attorney Kit Williams: Today we were supposed to be in trial over the city hospital land. Fortunately our summary judgment motion was granted and Washington Regional Medical Center 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov City Council Meeting Minutes March 3,2015 Page 11 of 11 is now the fee simple owner of the land as we had attempted to do in 2011. The judge found that what the city and city hospital board did was correct in transferring this deed and now they can go forward if they want to sell the land to the Fayetteville Public Library. City Council Agenda Session Presentations: Agenda Session Presentation: Paul Becker: Mayors Recommended Pay Plan for 2015. Agenda Session Presentation: Jeremy Pate: Spring Street Municipal Parking Deck. City Council Tour: Monday, March 2, 2015 5:00 PM - City Council will be touring RZN 14-4938 (N.W. Cross & Maine NE Intersection/West End Addition). Adjournment: 6:45 p.m. Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville,AR 72701 (479)575-8323 vnvvv.fayetteville-ar.gov f¢av-41i " a eI �s NORTHWEST ARKk, Democrat g 41 NORTHWEST ARKANSAS' NEWSPAPER February 25, 2015 nwadg.com crawl Space under ms Dome and stole five of hisl8 hiber- 1 WASH nating pet tarantulas,saying • ate Major he 4uas upped 3ff to the theft S. MCCorme afterapetstorenotifiedhim vow. `.a pplan that someone had just sold SP a partial &G, antulas to the busi- *• �p • • Departure SecuTljoy ceAlexm- on 1 S ne lawof mo y�who police in Flor- fails to act ids,say struck a child with a BILL BOWDEN — instead.of being forced in oll County. McCoy belt and sent her to school ARKANsAs DEMocRAT to have it by referendum Th Eureka Springs elec- he's willb in a T-shirt marked withon a bill s Voters in Eureka S ings petition the council gets tion c ricexns Ordinance comments about her failing will decide May 12 beth- to control the ballot word- 2223, 'hich prohibits dis- departme grades,was charged with er they want an o finance ing, said Alderman James tion against people provisions abuse and cmeQ to a child. ident Bara prohibiting dscr' ination DeVito. base n`real or perceived" 1 "fie felt like it would be sexu orientation,gender five action ■ Capt.Jay DrNgon of against gay peop the Satellite Be".Fla,Fire The Eureka S rings My hooveus to control theballot id "' ,gendereVression or The Senat Department saidthatl9 man- Council approv the elec- [wording] rather than;let it s oecononac backg acrd on a separ' atees that had been stuck in tion at a speci I meeting rest in the hands of a group The council rushed the the Noven a storm dtamwere all alive Tuesday. The ove was a that might make itorecon- ordihance through three action the after a late—night rescue and gambit to give t e council fusing for the genEral pub' , readie at a Feb.9 meeting things,wo were returned to the Indian more control over election DeVito said. passing it unanimously portations River Lagoon System: that appeared ine table. Mayor Rober etch" eachtime:—•so it would be- legal aliene ■ h ichAel Cassano,38, A petition drive has been Berry said the ve also al- come law Before senate Bill I've i an Oakland Gardens;N.Y., underway in the tourist t lowed Springs to set 202, which prevents cities Democrat resident sus ted of rob- since Friday togather the 96 etion date which will -and counties£your enacting be happy I b` a bank in LodiN of signatures necessary to force save the city about $3,000 or enforcing sirdl ordinanc- eration to $4;000,wasarrested a lock a referendum on the matter. because another election is es• sideration away from the.crime scene By calling for the election already scheduled for May 12 See BIAS,Page 2A ,- bill which after he peed for a cup of coffee,police said. " Train Strikes truck, Tiffany Leiseth, 26, Governor a former substitute teacher accused having sex with to &*gn big 18-year-old students, pleaded guilty in Penasylva- ia to them alcohol bon lottery but nott to to having sex with them and will spend a year on probation. MICHAEL R WICKLINE AND CLAUDIA LAUER NtEA7NER ARKANSAS DEMOCRAT-GAZETTE _ NDRrKWESr AIRMAS The Arkansas House of T Partly Representatives on Tuesday cloudy. sent Gov.Asa Hutchinson WO 4a a bill to terminate the Ar- Partly kansas Lottery Commission cloudy and require the governor to LBW 20 appoint the lottery director. Senate Bill 7 by Sen. fBEX Jimmy Hickey, RTexarka- na, also would create the Business 10 -Food 1E I Office of Arkansas Lottery Glasseds 1F NWArkansaslB in the state Department of -Comics 6E Sports 1C Finance and Administra- This image.from video provided by KABG W.-h Los Angeles shows wreckag Crossword BE 'Stocks 3B tion's Management Services ,.,......,..`er tr5in aAc.if...mew.,.+im, C.9 Enact Chapter 119 Civil Rights Administration Page 2 of 8 Pennington Blake From: matt@matthewpetty.org on behalf of Matthew Petty- Fayetteville Ward 2 <citycou ncil@ matthewpetty.org> Sent: Thursday, May 15,2014 3:09 PM To• Williams, Kit Cc: Pennington, Blake;James Rector Subject: Anti-Discrimination Ordinance Attachments: Fayetteville HRO 5.15.2014.docx Hi Kit, Attached is a draft Anti-Discrimination Ordinance that I would like to get passed in Fayetteville.It targets discrimination in housing transactions and employment decisions. I want to introduce it at the first meeting in July. Can you guys take a look at it and think about how it might need to be adapted for consistency with Arkansas and municipal code?rd like to have a first meeting on it the week of the 26th(or I can do late next week). Thanks for your help, M