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HomeMy WebLinkAbout2007-10-16 - Agenda (1993) Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting October 16, 2007 A meeting of the Fayetteville City Council will be held on October 16, 2007 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 Housing Authority Board Appointment A. CONSENT: 1. Approval of the September 4 and September 18, 2007 City Council meeting minutes. THE SEPTEMBER 4, 2007 MINUTES WERE APPROVED AND THE SEPTEMBER 19, 2007 MINUTES WERE PULLED. 2. Bid #07-58 Joe Perme Construction: A resolution awarding Bid #07-58 and approving a contract with Joe Perme Construction d/b/a Perme Excavating in the amount of $105,692.17 for renovations at the City Animal Shelter; and approving a project contingency in the amount of$10,569.83. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 177-07. 3. Bid #07-65 Graybar Electric: A resolution awarding Bid #07-65 and approving the purchase of ninety-five(95) Dynamic Light Fixtures from Graybar Electric in the amount of$59,014.95 for Phase III of the Scull Creek Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 178-07. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Bid #07-65 Composite Materials Technologies: A resolution awarding Bid #07-65 and approving the purchase of ninety-five (95) light poles from Composite Materials Technologies, South Carolina, LLC in the amount of$51,775.00 for Phase III of the Scull Creek Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 179-07. 5. NWA Democrat Gazette: A resolution approving one-year agreements with the Arkansas Democrat-Gazette—Northwest Edition for display and legal advertising. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-07. 6. Telecommunications System Upgrades: A resolution approving the purchase of a CS1000e Telecommunications System from AT&T through the state purchasing contract in the amount of $51,172.94 to upgrade the city's communications infrastructure; and approving a 9% contingency in the amount of$4,605.56. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-07. 7. Fayetteville Municipal Airport Revised Mission Statement: A resolution approving a revised Mission Statement for the Fayetteville Municipal Airport, Drake Field. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-07. 8. Sam's Club Grant for Veterinary Supplies: A resolution authorizing the Fayetteville Animal Services Division to accept a grant from Sam's Club in the amount of$3,000.00 for the purchase of veterinary supplies; and approving a budget adjustment to recognize the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-07. 9. Romine Lawsuit Insurance Deductible: A resolution to approve a budget adjustment in the amount of$50,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-07. B. UNFINISHED BUSINESS: 1. 2007 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2007 fixing the rate thereof at 2.2 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. This ordinance was left on the First Reading at the October 2, 2007 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. NEW BUSINESS: 1. Riparian Zones Protection: A resolution to protect and restore riparian zones. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 185.07. 2. ADM 07-2748, R-PZD 06-2190 (Woodbury): An ordinance amending a Residential Planned Zoning District entitled R-PZD 06-2190, Woodbury, located on the south side of Zion Road and east of Taliesin Lane, containing approximately 11.66 acres, to reflect revised building setbacks in Planning Area 2 as described and depicted herein. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5070. 3. VAC 07-2722 (Menninger): An ordinance approving VAC 07-2722 submitted by Alan Reid for property located at 301 South West Avenue to vacate three rights-of-way: the alley along the west side of the property, a portion of West Avenue along the east side of the property and the full width of the un-constructed extension of South Street on the north side of the subject property, a total of 0.30 acres. THIS ITEM WAS TABLED TO NOVEMBER 6, 2007 CITY COUNCIL MEETING. 4. 2008 Employee Benefits: A resolution approving the placement of group major medical coverage with Blue Cross/Blue Shield of Arkansas to run from January 1, 2008 through December 31, 2008, with the right of renewal for four annual renewals; renewing COBRA and Section 125 Cafeteria Plan administration with Datapath; HSA account administration with Delta Trust & Banking Corp.; employee-paid dental insurance with Delta Dental; and accidental death and dismemberment coverage with ACE-USA for plan year 2008. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-07. D. INFORMATIONAL: City Council Tour: October 15, 2007 Meeting adjourned at 7:50 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting October 16, 20... , Subject: Q Motion To: Motion By: Seconded: Allen Rhoads Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody Subject: Motion To: tu Motion By: Seconded: ' Allen Rhoads Ferrell Lucas Jordan ✓ Gray 1/ Thiel Cook Mayor Coody i j3 t City Council Meeting October 16, U„ Subject: Motion To: Motion By: Seconded: . Allen Rhoads Ferrell Lucas / �5 Jordan Ib Gray / tb Thiel Cook Mayor Coody Subject: / k �1 a 4 /I-- Motion 4) To: Motion By: o� Seconded: Allen Rhoads Ferrell Lucas Jordan Gray .��� Thiel �- `� Cook a Mayor Coody City Council Meeting October 16, 2t- Subject: 6, 2t Subject: / 1 Pah-i ONS. Motion To: Motion By: Seconded: /n-' Allen VI /I Rhoads ✓ /UIAI ' Ferrell ✓ Lucas � Jordan Gray to°' Thiel ✓ Cook i Mayor Coody Subject: o-7 ,;2 70 Motion To: Motion By: QD�L Seconded: Allen N Rhoads f ,y Ferrell � L/ //�A f t"P- Lucas �-' ✓ Jordan r/' ,/ ✓ Gray 00 � Thiel c,/ Lo� 610 Cook r/ Mayor Coody City Council Meeting October 16, 26.it Subject: U o9 7 4a 6/14 (f i Motion To: Atka Motion By: p Seconded: CIO Allen � ✓ ,� } Rhoads CMM o`-N2,AAO' Ferrell ✓ �-' ✓ Lucas ✓ �- Jordan .�- �� Gray ✓" �-- ° f Thiel "00000, D 01 Cook � ✓� Mayor Coody Subject: D 08 Motion To: // Motion By: Seconded: OC. L41 Allen i/ ,✓ Rhoads o Ferrell ✓ `� Lucas Jordan Gray Thiel Cook Mayor Coody Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting October 16, 2007 A meeting of the Fayetteville City Council will be held on October 16, 2007 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 Housing Authority Board Appointment A. CONSENT: 1. Approval of the September 4 and September 18, 2007 City Council meeting minutes. 2. Bid #07-58 Joe Perme Construction: A resolution awarding Bid #07-58 and approving a contract with Joe Perme Construction d/b/a Perme Excavating in the amount of $105,692.17 for renovations at the City Animal Shelter; and approving a project contingency in the amount of$10,569.83. 3. Bid #07-65 Graybar Electric: A resolution awarding Bid #07-65 and approving the purchase of ninety-five(95) Dynamic Light Fixtures from Graybar Electric in the amount of$59,014.95 for Phase III of the Scull Creek Trail. 4. Bid #07-65 Composite Materials Technologies: A resolution awarding Bid #07-65 and approving the purchase of ninety-five (95) light poles from Composite Materials Technologies, South Carolina, LLC in the amount of$51,775.00 for Phase Ill of the Scull Creek Trail. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. NWA Democrat Gazette: A resolution approving one-year agreements with the Arkansas Democrat-Gazette—Northwest Edition for display and legal advertising. 6. Telecommunications System Upgrades: A resolution approving the purchase of a CS 1000e Telecommunications System from AT&T through the state purchasing contract in the amount of $51,172.94 to upgrade the city's communications infrastructure; and approving a 9% contingency in the amount of$4,605.56. 7. Fayetteville Municipal Airport Revised Mission Statement: A resolution approving a revised Mission Statement for the Fayetteville Municipal Airport, Drake Field. 8. Sam's Club Grant for Veterinary Supplies: A resolution authorizing the Fayetteville Animal Services Division to accept a grant from Sam's Club in the amount of$3,000.00 for the purchase of veterinary supplies; and approving a budget adjustment to recognize the grant revenue. 9. Romine Lawsuit Insurance Deductible: A resolution to approve a budget adjustment in the amount of$50,000.00. B. UNFINISHED BUSINESS: 1. 2007 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2007 fixing the rate thereof at 2.2 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. This ordinance was left on the First Reading at the October 2, 2007 City Council meeting. C. NEW BUSINESS: 1. Riparian Zones Protection: A resolution to protect and restore riparian zones. 2. ADM 07-2748, R-PZD 06-2190 (Woodbury): An ordinance amending a Residential Planned Zoning District entitled R-PZD 06-2190, Woodbury, located on the south side of Zion Road and east of Taliesin Lane, containing approximately 11.66 acres, to reflect revised building setbacks in Planning Area 2 as described and depicted herein. 3. VAC 07-2722 (Menninger): An ordinance approving VAC 07-2722 submitted by Alan Reid for property located at 301 South West Avenue to vacate three rights-of-way: the alley along the west side of the property, a portion of West Avenue along the east side of the property and the full width of the un-constructed extension of South Street on the north side of the subject property, a total of 0.30 acres. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. 2008 Employee Benefits: A resolution approving the placement of group major medical coverage with Blue Cross/Blue Shield of Arkansas to run from January 1, 2008 through December 31, 2008, with the right of renewal for four annual renewals; renewing COBRA and Section 125 Cafeteria Plan administration with Datapath; HSA account administration with Delta Trust & Banking Corp.; employee-paid dental insurance with Delta Dental; and accidental death and dismemberment coverage with ACE-USA for plan year 2008. D. INFORMATIONAL: City Council Tour: October 15, 2007 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Housing Authority Board Appointment Page 1 of 2 FAYETTEVILLE HOUSING AUTHORITY #1 North School Ave. Fayetteville, AR 72701-5928 PH: (479) 521-3850 FAX: (479) 442-6771 RECEIVED E-MAIL: favettevillehaQmorepti.net OCT 0 9 2007 Y OF October 4th, 2007 CITMAYOR'S OFFICE FAYETTEVILLE Mayor Dan Coody & Fayetteville City Council Members City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Dan Coody & Fayetteville City Council Members: This letter is to confirm that the Fayetteville Housing Authority's Board has elected a new commissioner at its October 1St, 2007, Special Board Meeting. The new Commissioner for the Fayetteville Housing Authority Board is Hugh Earnest. His term will begin on October 1St, 2007 and end on December 28, 2010. The Fayetteville Housing Authority Board requests that this newly elected commissioner (Hugh Earnest) be placed on the next City Council Meeting Agenda to be formally confirmed by the municipality's governing body in accordance with the Arkansas State Statue #14-169-208. If you have any questions, please feel free to call or e-mail. Sincerely, Fredia Sawm Executive Director fs Housing Authority Board Appointment Page 2 of 2 l � �� lf� B. 1 d 2007"age Levy tjoyooq YID � Page 1 of Taye le VL ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and City Council �t FROM: Paul A. Becker, Finance Director Tali CX DATE: October 9, 2007 SUBJECT: Millage Request Update I have reviewed the 2008 operating budget and discussed requests with pertinent departments and believe at this time we have reduced the General Fund budget as much as practicable without mandatory reductions which will affect the level of service provided and/or personnel. Attached are schedules which show what additional reductions would be needed to achieve a$995,000 mandatory reduction necessary if allocated equally among divisions. The schedules are provided to demonstrate the relative impact on each division. The first schedule shows the impact on the total budget of each division. The second schedule shows the impact on each divisional budget if the personnel accounts are not reduced. The administration is not recommending a mandatory reduction. This information is for consideration if this option is pursued. The administration's recommendation continues to be the adoption of a 0.9 mil property tax increase and an adjustment of the City's sales tax split from 50% operations and 50% capital to approximately 57% operations and 43%capital. I believe this is the best long term option. Between now and the time of final presentation, I will continue to review the proposed General Fund budget for possible reductions. However, any adjustments are expected to be minor. I would also like to bring to the Council's attention that in 2006,the City cut$97,946 from the General Fund Travel &Training Budgets. In 2007, $321,528 in budget reductions were made from Fire, Police, and Parks&Recreation. In 2008, $227,801 of prior year budget items were initially cut. Also,the administration is not recommending a COLA for employees which would be approximately$960,000. B. 1 2007 Millage Levy Schedule 1 Page 2 of 6 City of Fayetteville, Arkansas Total General Fund Operating Department (Total) Budgets 2008 Reductions which would be needed to equal $995,000 Total Operating % of $995,000 2008 Budget Budget Reduction Expenditures (Total Operating): Police Department: Central Dispatch $ 1,270,497 -2.9% $ (36,600) Police Patrol/Support 10,865,917 -2.9% (312,800) Animal Services 888,665 -2.9% (25,600) Total Police Department 13,025,079 -2.9% (375,000) Fire Department: Prevention 407,328 -2.9% (11,700) Operations 7,607,144 -2.9% (219,000) Training 228,108 -2.9% (6,600) Total Fire Department 8,242,580 -2.9% (237,300) Operations Department: Operations Director 74,313 -2.8% (2,100) Human Resources 1,267,809 -2.9% (36,500) Building Services 714,105 -2.9% (20,600) Parking & Telecommunications 590,415 -2.9% (17,000) Parks & Recreation 2,078,133 -2.9% (59,800) Planning & Development Management 345,845 -2.9% (10,000) Engineering: 1,159,700 -2.9% (33,400) Current Planning 575,511 -2.9% (16,600) Building Safety 670,501 -2.9% (19,300) Community Code Enforcement 334,031 -2.9% (9,600) Total Operations Department 7,810,363 -2.9% (224,900) Total Budget Reductions Schedule (Page 1 of 2) B. 1 2007 Millage Levy Schedule 1 - Page 3 of 6 City of Fayetteville, Arkansas Total General Fund Operating Department (Total) Budgets 2008 Reductions which would be needed to equal $995,000 Total Operating % of $995,000 2008 Budget Budget Reduction General Government Department: Mayor's Administration 344,288 -2.9% (9,900) City Council 80,844 -2.8% . (2,300) City Attorney 305,153 -2.9% (8,800) City Prosecutor 495,663 -2.9% (14,300) Economic Development 81,335 -2.8% (2,300) Public Information 152,138 -2.9% (4,400) Cable Administration 223,810 -2.9% (6,400) Internal Audit 85,135 -2.9% (2,500) City Clerk/Treasurer 363,261 -2.9% (10,500) Fayetteville District Court 693,387 -2.9% (20,000) General Government Department 2,825,014 -2.9% (81,400) Finance Department: Finance Director 135,064 -2.9% (3,900) Accounting & Audit 686,859 -2.9% (19,800) Budget & Research 297,669 -2.9% (8,600) Purchasing 226,233 -2.9% (6,500) Information Technology 1,306,140 -2.9% (37,600) Total Finance Department 2,651,965 -2.9% (76,400) $ 34,555,001 $ (995,000) % Reduction -2.9% Total Budget Reductions Schedule (Page 2 of 2) B. 1 2007 Millage Levy Schedule 2 Page 4 of 6 City of Fayetteville, Arkansas Total General Fund Operating Department (Non Personnel) Budgets 2008 Reductions which would be needed to equal $995,000 Non Personnel % $995,000 2008 Budget Budget Reduction Expenditures (Non-Personnel): Police Department: Central Dispatch $ 116,977 -17.8% $ (20,800) Police Patrol/Support 1,862,234 -17.7% (330,500) Animal Services 151,791 -17.7% (26,900) Total Police Department 2,131,002 -17.7% (378,200) Fire Department: Prevention 57,594 -17.7% (10,200) Operations 735,041 -17.7% (130,400) Training 56,033 -17.7% (9,900) Total Fire Department 848,668 -17.7% (150,500) Operations Department: Operations Director 6,000 -18.3% (1,100) Human Resources 245,500 -17.8% (43,600) Building Services: 85,303 -17.7% (15,100) Parking & Telecommunications: 286,656 -17.8% (50,900) Parks & Recreation 897,853 -17.7% (159,300) Planning & Development Management: 14,154 -17.7% (2,500) Engineering: 83,240 -17.8% (14,800) Current Planning 57,584 -17.7% (10,200) Building Safety 70,747 -17.8% (12,600) Community Code Enforcement 58,271 -17.7% (10,300) Total Operations Department 1,805,308 -17.7% (320,400) Non-Personnel Reductions Schedule (Page 1 of 2) B. 1 2007 Millage Levy Schedule 2 Page 5 of 6 City of Fayetteville, Arkansas Total General Fund Operating Department (Non Personnel) Budgets 2008 Reductions which would be needed to equal $995,000 Non Personnel % $995,000 2008 Budget Budget Reduction General Government Department: Mayor's Administration 99,095 -17.8% (17,600) City Council 7,800 -17.9% (1,400) City Attorney 29,620 -17.9% (5,300) City Prosecutor 28,100 -17.8% (5,000) Economic Development 29,992 -17.7% (5,300) Public Information 11,400 -17.5% (2,000) Cable Administration 30,276 -17.8% (5,400) Internal Audit 3,536 -17.0% (600) City Clerk/Treasurer 84,160 -17.7% (14,900) Fayetteville District Court: 31,275 -17.6% (5,500) General Government Department 355,254 -17.7% (63,000) Finance Department: Finance Director 4,101 -17.1% (700) Accounting & Audit 26,685 -17.6% (4,700) Budget & Research 11,606 -18.1% (2,100) Purchasing 22,258 -17.5% (3,900) Information Technology 402,952 -17.7% (71,500) Total Finance Department 467,602 -17.7% (82,900) $ 5,607,834 $ (995,000) % Reduction -17.7% Non-Personnel Reductions Schedule (Page 2 of 2) B. 1 2007 Millage Levy Page 6 of 6 C.3 VAC 07-2722(Menninger) Page 1 of 6 7aye t ARKANSAS THE CITY OF FAYETT'EVI.LLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 To: Mayor Dan Coody, City Council From: Jeremy Pate, Director of Current Planning Date: 11 October,2007 Subject: Menninger Vacation (VAC 07-2722) . Please substitute the attached,amended legal descriptions and exhibits that represent Exhibits"A"and "B" for VAC 07-2722 (Memninget). K:Veremy12007 CorrespondenceWoard MemoslMenninger Vacation amendmetnsdoc ......... . _. . .. .. --_..�...._.VAC:A7-2722.(Menninger) EXHIBIT age2of6 I Vag oa- 2v 22 � .. Ig ; $ ?��� gE ¢ g $ a ^�$ it Up N 1941 WRIONAOT g t Ll 12E BRW - gy'd N £ ' BBOBBc"—`fes I _ I ` Y�• 9 9 I i � / aa ( 1111 I oaomo pi I g _ Es IS mgb,93s� fi x3 si uI REVISIONSp�A pi.,�fl,,;,! MENNINGER/HOUSMANN OAIE OESO$PIION BT /VY\ A M $ erseoMia LOT r ffRGfJSON AOWROY oac m/,a/tar� FAYETTfY#.Liy ARMAI4GS wEcmD - ! ».:W� EASEMENT VACATION ;,; C.3 VAC 07-2722(Menninger) Page 3 of 6 EXHIBIT `B" VAC 07-2722 VACATION DESCRH'TION-STREET VACATION "B" (WEST AVENUE) A PART OF WEST AVENUE LYING EAST OF AND BEING ADJACENT TO LOT NUMBERED ONE(1)IN BLOCK NUMBERED TWENTY-TWO(22),OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE(1),BLOCK TWENTY-TWO(22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR; THENCE S89059'19"E 20.00 FEET TO A SET 1/2" IRON REBAR WHICH IS 40.00 WEST OF THE EAST RIGHT-OF-WAY OF WEST AVENUE;THENCE S00°05'12"W PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE 50.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°59'19"W 20.00 FEET TO A SET 1/2"IRON REBAR AT THE ORIGINAL SOUTHEAST CORNER OF SAID LOT ONE(1);THENCE N00°05'12"E 50.00 FEET TO THE POINT OF BEGINNING,CONTAINING 1000.0 SQUARE FEET,MORE OR LESS. VACATION DESCRIPTION-ALLEY RIGHT-OF-WAY A PART OF A NON-CONSTRUCTED ALLEY LYING WEST OF AND BEING ADJACENT TO LOT NUMBERED ONE(1)IN BLOCK NUMBERED TWENTY-TWO(22),OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS SHOWN ONTHE PLAT.OF: SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY;,ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINGATTHE ORIGINAL NORTHWEST CORNER OF LOT ONE(1), BLOCK TWENTY-TWO•(22),OF. SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2"IRON REBAR;WHENCE S1501 1'02"E 51.81 FEET TO A SET 1/2"IRON REBAR AT THE ORIGINAL SOUTHWEST:. CORNER OF SAID LOT ONE(1);THENCE N89°59'19"W 31.09 FEET TO ASET'1/T IRON REBAR ON THE WEST BOUNDARY OF A 30.00 FOOT WIDE ALLEY.. RIGHT-OF-WAY; THENCE N15'1 1'02"W 51.81 FEET ALONG THE WEST LINE OF SAID ALLEY RIGHT-OF-WAY TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE S89°59'19"E 31.09 FEET TO THE POINT OF BEGINNING,CONTAINING 1554.3 SQUARE FEET,MORE OR LESS. VACATION DESCRIPTION-STREET VACATION "A" (SOUTH STREET).- ALL TREET).ALL THAT PART OF SOUTH STREET(NOT CONSTRUCTED)LYING WEST OF THE ORIGINAL EAST LINE OF BLOCK NUMBERED TWENTY-TWO(22)AND EAST OF THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD (VACATED)IN FERGUSON'S ADDITON TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ORIGINAL NORTHEAST CORNER OF LOT ONE(1), BLOCK TWENTY-TWO(22), OF SAID FERGUSON'S ADDITION, SAID POINT BEING A SET 1/2" IRON REBAR AT A POINT WHICH IS SIXTY(60)FEET WEST OF THE EAST RIGHT-OF-WAY LINE OF SAID WEST AVENUE;THENCE N00°05'12"E 65.00 FEET TO A POINT ON THE SOUTH BOUNDARY OF BLOCK THIRTY-SIX(36)OF SAID FERGUSON'S ADDITION; THENCE N89°59'19"W 158.51 FEET ALONG THE SOUTH LINE OF SAID BLOCK THIRTY-SIX(36)TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS AND SAN FRANCISCO RAILROAD(VACATED);THENCE LEAVING THE SOUTH LINE OF SAID BLOCK THIRTY-SIX(36), S 15-1 1'02"E 67.36 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD TO A SET 1/2"IRON REBAR ON C.3 VAC 07-2722(Menninger) Page 4 of 6 THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET;THENCE S89°59'19"E 140.78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.22 ACRES,MORE OR LESS. -+�LiRE�I U ...7 'dt�l '•`+ �`.�311,1 C 3 / VAC 07-2722(Menninger) { Yovii lr3Page 5 of 6 - €$� - gm (031Ilia y5 NtlS S I �> a=9 ��s�I �u�o➢o mN^mfc 00 'S�HMTd FlRoo �m'a�Ns 1 0F o^ oous�xoi„ o zoo "@uzZom �x MtO lt.51N. .ezcc - m z �i "=mZm^ "fin 'gym o�mm3z 3 7 $S 7v7 0 0 NSIN s3 ���. �"ob” ` u 7 I�9'3 1v !� Q7 3 F m h (n (p 6 noo t Ll J mai axe°��~7 I rsaa x � �6s� p l I-' pSTFEET VACATION B IS' 0.02#ACflCS f.00tlp 0.0450.R J maGR" v�i� o�'z�� Nnpc ED niw __ SU.Op 5z so czsa S00'05'12'N OV05'12- OS.DD' TI `A�a� mo�Fmm^ 003" l fl. ABSTW VW) NSPHPLT.60•RM) $ I I ¢¢t p Iyyy-yxi 41 e ib 4291a oa®0e :" . a � a y p § R Yq ` " v i n m o i m z-zmi i.n z "vI d � ,j $$ $ Y 55g D1 A A TO p n m y n i m o Y F 0 ra m REVISIONS / \I�! \ Alan Reid MENNINGER/HOUSMANN oennsNnN awc 7 m DATE DESCRIPTION BY 30 LOT i FERGUSON ADDITION DnTe D>/IO/2007 u TEs FAYMEWLLE• ARKANSAS cHECNEO m:.�" EASEMENT VACATION20 SHEET SIZE IB"x 24" A d p 1 z lkI ti s u ui yf lz Aa 171 e f ¢in eI�Y} yy 4 d dry' 61 t 4 4{ra ®j� x r d sx� 1'�irwry� s E 'rj L b� �+� S ,y ,>'� mgr t t� `� ,� au 4 WY 5k, V1, rf 3�r r� taeil M II - S 01, +L. 1 T .♦' ��.r4�^�� `sand ; ,� y/�� �•'�,' ^d �lyzt7�� " �# ��^ !b� � 1•� Il Sjj �r'!� dli. � i� `f.. � 11q?y .OdA '�:¢.4( �♦� . E ,: s{ _ � r �`� � 111 �s / �3 x'r�� ,� •e e s,. it 1 11P 5 .a. C.4 2008 Employee Benefits Page 1 of 2 RESOLUTION NO. A RESOLUTION APPROVING THE PLACEMENT OF GROUP MAJOR MEDICAL COVERAGE WITH BLUE CROSS/BLUE SHIELD OF ARKANSAS to run from January 1, 2008 through December 31, 2008, with the right of renewal for four annual renewals; RENEWING COBRA AND SECTION 125 CAFETERIA PLAN ADMINISTRATION WITH DATAPATH; HSA ACCOUNT ADMINISTRATION WITH DELTA TRUST & BANKING CORP.; EMPLOYEE-PAID DENTAL INSURANCE WITH DELTA DENTAL; AND ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE WITH ACE-USA FOR PLAN YEAR 2008. 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 the placement of Group Major Medical coverage with Blue Cross/Blue Shield of Arkansas to run from January 1, 2008, through December 31,2008,with the right of renewal for four annual renewals. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves renewing with Datapath for COBRA administration and the administration of the Section 125 Cafeteria Plan; HSA account administration with Delta Trust & Banking Corp.; Delta Dental for employee-paid Dental Insurance; and Accidental Death and Dismemberment coverage with ACE-USA for Plan Year 2008. PASSED AND APPROVED this 16th day of October,2007. APPROVED: ATTEST: By: By: DAN COODY,Mayor SONDRA SMITH,City Clerk/Treasurer C.4 2008 Employee Benefits Page 2 of 2 City Council Meeting Minutes September 4, 2007 Page 1 of 23 Aldermen Mayor Dan Coody Ward 1 Position 1 —Adella Gray Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen Ward 3 Position 1 —Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 — Shirley Lucas Ward 4 Position 2—Lioneld Jordan City of Fayetteville Arkansas City Council Meeting Minutes September 4, 2007 A meeting of the Fayetteville City Council was held on September 4, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Cook Pledge of Allegiance Mayor Coody welcomed Mohammond Milhilm from Palestine who is here in Fayetteville studying Political Science. Sam's Club Presentation Shane Houltry, Club Manager at the new Fayetteville Sam's stated we are very excited to come to your town and be a part of your town. He stated we have come here this evening to present you with a few CFL bulbs for you to utilize. We want to present them to the City to help with sustainability of the offices or however you see fit. He also presented the City with a $500 gift card to utilize at the Sam's Club grand opening on September 13th. We are very excited to be a part of your city and also to continue to serve Northwest Arkansas. We appreciate the Mayor's initiatives on sustainability; we have great sustainability features at our new location. We look forward to working with Mr. Coleman and the City of Fayetteville to continue the vision that the City and Sam's Club has. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 4,2007 Page 2 of 23 Mayor Coody: Thank you. I want to congratulate you and if you would please pass our regards along to Wal-Mart stores and Sam's Club for the efforts that you have put into the sustainability movement world wide. If it weren't for Wal-Mart making this huge global private push for sustainability we wouldn't be having these discussions. We owe you a debt of gratitude for this push. Thank you for the pallet of bulbs. Shane Houltry: I appreciate your support on us coming to the City of Fayetteville. Thank you very much. Mayor Coody: Well, it's really good to have you here. CONSENT: Disadvantaged Business Enterprise Program: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) program participation goal for FY2008. Resolution 154-07 as Recorded in the office of the City Clerk. Law Enforcement Firing Range Partnership: A resolution approving an inter-local agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas to build a new law enforcement firing range; and approving a budget adjustment in the amount of $40,000.00 as the City of Fayetteville's share of the construction costs. Resolution 155-07 as Recorded in the office of the City Clerk. Powell Johnson Investments, LLC Donation: A resolution accepting the donation of a golf cart from Powell Johnson Investments, LLC for use in the Fayetteville Police Department's DWI/DUI prevention program. Resolution 156-07 as Recorded in the office of the City Clerk. Roll Off Service: A resolution authorizing the Mayor to execute a contract with Roll Off Service, Inc. to haul and dispose of solid waste within the city limits of Fayetteville. Resolution 157-07 as Recorded in the office of the City Clerk. Garney Companies, Inc: A resolution approving a construction contract with Garrey Companies, Inc. in the amount of $1,393,880.00 for the replacement of the 2.6 mgd Mally Wagnon Lift Station and 16-inch force main, WSIP Subproject EL-1; and approving an 8% contingency in the amount of$110,000.00. Resolution 158-07 as Recorded in the office of the City Clerk. Rosetta Construction, LLC: A resolution approving a construction contract with Rosetta Construction, LLC in the amount of $10,431,995.00 for construction of 26,458 feet of 42-inch 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil le.org City Council Meeting Minutes September 4, 2007 Page 3 of 23 gravity sewer pipeline, WSIP Subproject EL-2; and approving a 7% contingency in the amount of$730,000.00. Resolution 159-07 as Recorded in the office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda as read. Alderman Gray seconded the motion. Upon roll call the Consent Agenda passed 7-0. Alderman Cook was absent during the vote. Mayor Coody: These two big sewer projects, they came in $4 million under the projected cost. David Jurgens, Water/Wastewater Director: That is correct. Mayor Coody: Very good. Congratulations and thanks for doing such a good job for us. Since we have brought this program in-house, it has been hitting on all eight cylinders on time, on budget and everything has been working very well. You have done a very good job for us. UNFINISHED BUSINESS: Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge): An ordinance repealing and replacing Ordinance No. 4971, extending the expiration date for R-PZD 04-1307 (Aspen Ridge) to June 29, 2008. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 City Council meeting. Mayor Coody: I visited with staff earlier today and we are thinking about tabling this until we make sure of the direct line of ownership and that the owners are going to resolve the Phase I and II problems. Kit did you have any input on that. City Attorney Kit Williams: We were talking about that this morning and we also talked about that at the Agenda Session. We talked about what we can do to make sure that if the project is built, it is built according to what was agreed upon and not half built and half left undone. There has been some talk from the potential developers about trying to change it in some ways. I think this should be totally worked out before we try to go to any third and final reading and extend the permit. We need to table this until we have firm ownership that we can speak to and negotiate with. Mayor Coody: Brenda, did you have any input on that? Alderman Thiel: That was going to be my recommendation that we just table it until the ownership can be worked out. I think it is important that the public understands that the situation is Phase II and that is in a real mess. We can't just throw out Phase I and move forward because we need the leverage or some way to ensure that both phases are done to the satisfaction of the neighborhood and the community. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org