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HomeMy WebLinkAbout2009-07-21 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray PIT, Ward 1 Position 2—Brenda Thiel City Attorney Kit Williams Ward 2 Position 1—Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Robert K.Rhoads Taye lile ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1—Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting July 21, 2009 A meeting of the Fayetteville City Council will be held on July 21, 2009 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 Presentations, Reports and Discussion Items: 1. Ambulance Authority July Report to the Council A. Consent: 1. Approval of the June 16, 2009 City Council meeting minutes. APPROVED. 2. Arkansas Emergency Telephone Services Board Training Expenses: A resolution approving a budget adjustment recognizing the receipt of training reimbursements in an amount not to exceed $10,000.00 as they are received from the Arkansas Emergency Telephone Services Board for dispatcher training expenses. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 3. Mutual Aid Agreement: A resolution approving a Mutual Aid Police Protection Agreement between the City of Fayetteville, Arkansas and the City of Springdale, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-09 4. Animal Services Miscellaneous Donations: A resolution approving budget adjustments totaling $26,000.00 from Animal Services Miscellaneous Donations to meet increased supply and operational costs at the Fayetteville Animal Shelter. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-09 5. McClelland Consulting Engineers Amendment No. 1: A resolution approving Amendment No. 1 to the contract with McClelland Consulting Engineers in the amount of $74,993.08 for construction phase services for the Township Street 36-inch Water Main Project; and approving a project contingency in the amount of$15,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-09 6. Seven Valleys Construction Company, Inc.: A resolution approving a contract with Seven Valleys Construction Company, Inc. in the amount of $1,757,232.00 for the construction of a 36-inch water main along Township Street to include approximately 4,462 feet of 36-inch ductile iron water main; and approving a project contingency in the amount of$90,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-09 7. Wastewater Collection and Treatment Services Amendment: A resolution approving an amendment to the Wastewater Collection and Treatment Services Contract with the City of Farmington, Arkansas. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED IN NEW BUSINESS. 8. Natural Resources Conservation Service (NRCS): A resolution authorizing the Engineering Division to apply for and accept a grant through the Natural Resources Conservation Service (MRCS) in an amount not to exceed $27,000.00 for debris removal from streams with flooding potential due to the January 2009 ice storm; and authorizing the Mayor to execute a project agreement with the NRCS and all other documents necessary to carry out the project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 9. ADM 09-3333 (612 N. College Avenue ROW Variance): A resolution approving a variance of the Unified Development Code Section 164.12 (F) Nonconforming Uses and Structures, Repairs and Maintenance, and Section 166.18 Master Street Plan Setbacks, allowing the existing structure located at 612 N. College Avenue to remain within the Master Street Plan right-of-way and to be improved greater than the 10% replacement cost allowed by code, within the existing limits of the structure. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-09 10. Arkansas Level II Trauma Center: A resolution to support the selection of Washington Regional Medical Center as an Arkansas Level II Trauma Center. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-09 11. U.S. Marshal Service Reimbursement for Computer Equipment: A resolution approving a budget adjustment for the Fayetteville Police Department in an amount not to exceed $35,000.00 to recognize reimbursement from the U.S. Marshal Service for the purchase of computer equipment to support the U.S. Marshal's Western District Task Forces. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161-09 B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. This ordinance was left on the Second Reading at the July 7, 2009 City Council meeting. THIS ITEM WAS TABLED TO THE AUGUST 18, 2009 CITY COUNCIL MEETING. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 C. New Business: The following Resolution was removed from the Consent Agenda for discussion: Wastewater Collection and Treatment Services Amendment: A resolution approving an amendment to the Wastewater Collection and Treatment Services Contract with the City of Farmington, Arkansas. THIS ITEM WAS TABLED TO THE AUGUST 4, 2009 CITY COUNCIL MEETING. 1. Street Name Change: A resolution changing the names of sections of West Salem Road and West Weir Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-09 2. Amend Chapter 163 Use Conditions: An ordinance to amend §163.15 Transit System Shelters of the Unified Development Code to allow transit shelters located within the Master Street Plan right-of-way and building setback lines. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5252 3. Amend Chapter 111 Alcoholic Beverages: An ordinance to amend §111.30 Retail of Chapter 111 Alcoholic Beverages of the Fayetteville Code to enact a new subsection (H) Restaurant Beer and Wine Permit. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5253 4. RZN 09-3317 (Whitfield): An ordinance rezoning that property described in rezoning petition RZN 09-3317, for approximately 9.91 acres, located on the west side of Crossover Road, approximately 0.50 mile north of Highway 16E, from RSF-4, Residential Single Family Four Units/Acre, to MSC, Main Street Center. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5254 5. RZN 09-3318 (Happy Hollow School): An ordinance rezoning that property described in rezoning petition RZN 09-3318, for approximately 32.53 acres, located on the west side of Crossover Road, approximately 0.50 mile north of Highway 16E, northeast of Happy Hollow Elementary School from RSF-4, Residential Single Family Four Units/Acre, to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5255 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 6. R-PZD 09-3237 (Markham Hill Cottage Courts): An ordinance establishing a residential planned zoning district titled R-PZD 09-3237, Markham Hill Cottage Courts, located north of Maine Street and west of Cross Avenue; containing approximately 2.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5256 7. VAC 09-3181 (Elsass/619 Rockcliff Road): An ordinance approving VAC 09-3181 submitted by Kirk Elsass for property located at 619 North Rockcliff Road to vacate approximately 3,206 square feet of drainage easement on the subject property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5257 8. VAC 09-3320 (Elsass/621 Rockcliff Road): An ordinance approving VAC 09-3320 submitted by Alan Reid for property located at 621 Rockcliff Road to vacate a 12.5' utility and drainage easement and a 15' utility, drainage, and pedestrian easement containing a total of 3,794 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5258 9. VAC 09-3321 (Hubbard/Trails End Lane): An ordinance approving VAC 09-3321 submitted by Tom Hubbard for property located at 4830 Trails End Lane to vacate a portion of a utility easement containing a total of 131.76 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5259 10. Amend Chapter 33 Departments, Boards, Commissions, and Authorities: An ordinance to amend Article XI Environmental Concerns Committee of Title III of the Code of Fayetteville to rename it Environmental Action Committee. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5260 Agenda Additions: Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 7:46 p.m. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 NOTICE TO MEMBERS OF THE A UDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. 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. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney r DATE: July 22, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 21, 2009 1. AR Emergency Telephone Services Board Training Expenses: A resolution approving a budget adjustment recognizing the receipt of training reimbursements in an amount not to exceed $10,000.00 as they are received from the Arkansas Emergency Telephone Services Board for Dispatcher Training Expenses; 2. Mutual Aid Agreement: A resolution approving a Mutual Aid Police Protection Agreement between the City of Fayetteville and the City of Springdale: 3. Animal Services Miscellaneous Donations: A resolution approving budget adjustments totaling $26,000.00 from Animal Services Miscellaneous Donations to meet increased supply and operational costs at the Fayetteville Animal Shelter; 4. McClelland Consulting Engineers Amendment No. 1: A resolution. approving Amendment No. 1 to the Contract with McClelland Consulting Engineers in the amount of $74,993.08 for construction Phase Services for the Township Street 36-inch water main project; and approving a project contingency in the amount of$15,000.00, 5. Seven Valleys Construction Company, Inc.: A resolution approving a contract with Seven Valleys Construction Company, Inc. in the amount of $1,757,232.00 for the construction of a 36-inch water main along Township street to include approximately 4,462 feet of 36-inch ductile iron water main; and approving a project contingency in the amount of$90,000.00; 6. Natural Resources Conservation Service: A resolution authorizing the Engineering Division to apply for and accept a grant through the Natural Resources Conservation Service in an amount not to exceed $27,000.00 for debris removal from streams with flooding potential due to the January 2009 Ice Storm and authorizing the mayor to execute a project agreement with the NRCS and all other documents necessary to carry out the project; 7. AR Level II Trauma Center: A resolution to support the selection of WRMC as an Arkansas Level II Trauma Center; 8. U.S. Marshal Service Reimbursement for Computer Equipment: A resolution approving a budget adjustment in an amount not to exceed $35,000.00 to recognize reimbursement from the U.S. Marshal Service for the purchase of computer equipment to support the U.S. Marshal's Western District Task Forces; 9. Street Name Change: A resolution changing the names of sections of West Salem Road and West Weir Road; 10. Amend §111.30 Alcoholic Beverages: An ordinance to amend §111.30 Retail of Chapter 111 Alcoholic Beverages of the Fayetteville Code to enact a new subsection (H) Restaurant Beer and Wine Permit,- 11. ermit;11. Amend Chapter 33 Department, Boards, Commissions, and Authorities: An ordinance to amend Article XI Environmental Concerns Committee of Title III of the Code of Fayetteville to rename it Environmental Action Committee. 2 City Council Meeting: July 21, 2009 Adjourn: 1 44 Subject: Roll Rhoads Ferrell aWAAO•� Lucas "�feAw � Lewis . (OAgJ►,r,,,c�,.� Gray C,A©{` Thiel 0-+ Cp Cook t� PMS Petty Mayor Jordan Subject: Motion To: Motion By: Seconded: Rhoads Ferrell Lucas Lewis Gray Thiel Cook Petty Mayor Jordan City Council Meeting: July 21,2009 Subject: Consent Motion To: Motion By: tea„ , OU% e.;Nft- Seconded: Rhoads f Ferrell Lucas Lewis ✓ Gray Thiel Cook Petty # Mayor Jordan Subject: Motion To: r Motion By: Seconded: Rhoads nl�tnuie Ferrell Lucas c/ Lewis Gray Thiel Cook Petty Mayor Jordan �-�°� Ile City Council Meeting: July 21, 2009 Subject: RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): Motion To: Motion By: Cook Seconded: B. 1 Rhoads ✓ Unfinished Ferrell Business Lucas Lewis _ a_ Gray ✓- Thiel Cook Pet Mayor Jordan Subject: ` Motion To: F + 0 a�- ;UD ` OD Motion By: .4- Seconded: zvs eta Rhoads Ferrell Tal-c- Lucas4-0 Lewis IJ�uG Gray L� Ooq Thiel 1 Cook Petty Mayor Jordan 7 -0 City Council Meeting: July 21, 2009 Subject: street Name Change Motion To: Motion By: Seconded: C. 1 Rhoads f New Ferrell Business Lucas Lewis Gray ✓ 1; 4Thiel Cook Petty vq Mayor Jordan Subject: Amend Chapter 163 Use Conditions Motion To: Motion By: , Seconded: C. 2 Rhoads New Ferrell Business Lucas Lewis Gray d �/ Thiel ,,/''" ✓ �-- Cook Petty -S Ste. � `-� Mayor Jordan City Council Meeting: July 21, 2009 Subject: Amend Chapter 111 Alcoholic Beverages Motion To: ��} Motion By: �+ Seconded: C 3 Rhoads a/ New Ferrell ` ✓ Business Lucas ✓ r✓ ✓ Lewis Gray &/ f✓ Thiel Cook Petty S OA S-o Mayor Jordan Subject: RZN 09-3317 (Whitfield) Motion To: Motion By: S Seconded: C. 4 Rhoads New Ferrell Business Lucas �/ ✓ E/ Lewis ,/ ✓ Gray �/" ✓ Thiel Cook ✓ `� Petty 5 4 ' Mayor Jordan City Council Meeting: July 21,2009 Subject: RZN 09-3318 (Happy Hollow School) Motion To: n d Motion By: 6 h aw ah IbA- Seconded: C 5 Rhoads New Ferrell Business Lucas Lewis Gray Thiel Cook C � Petty Sc, " SCS, 5 Mayor Jordan Subject: R-PZD 09-3237 (Markham Hill Cottage Courts) Motion To: Motion By: Zaam LCA Seconded: A aAA C. 6 Rhoads tll� New Ferrell Business Lucas Lewis Gray a� Thiel Cook Petty Mayor Jordan ��0 7-0 0 City Council Meeting: July 21,2009 Subject: VAC 09-3181 (Elsass1619 Rockcliff Road) Motion To: A-4� Motion By: t Seconded: JU C. 7 Rhoads New Ferrell Business Lucas v Lewis ✓ Gray Thiel Cook Petty s rl Mayor Jordan Subject: VAC 09-3320 (Elsass1621 Rockcliff Road) Motion To: Motion By: Seconded: � 0 C. 8 Rhoads 6001, New Ferrell Business Lucas Lewis Gray Thiel Cookr �/ ✓� Petty Mayor Jordan -D City Council Meeting: July 21, 2009 Subject: VAC 09-3321 (Hubbard/Trails End Lane) Motion To: Motion By: Seconded: C. 9 Rhoads New Ferrell Business Lucas r/ W.", too, Lewis r/ Gray Thiel Cook Petty C.C�► S C'.b�'°� Mayor Jordan 7-® '70 Subject: Amend Chapter 33 Departments, Boards, Commissions, and Authorities Motion To: n d "�4� Motion By: CCZD Seconded: Ook C. 10 Rhoads ve ✓ t/ New Ferrell Business Lucas Lewis Gray Thiel Cook 4. Petty Mayor Jordan a Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray PIT, Ward 1 Position 2—Brenda Thiel City Attorney Kit Williams Ward 2 Position 1—Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Robert K.Rhoads Taye lile ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1—Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting July 21, 2009 A meeting of the Fayetteville City Council will be held on July 21, 2009 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 Presentations, Reports and Discussion Items: 1. Ambulance Authority July Report to the Council A. Consent: 1. Approval of the June 16, 2009 City Council meeting minutes. 2. Arkansas Emergency Telephone Services Board Training Expenses: A resolution approving a budget adjustment recognizing the receipt of training reimbursements in an amount not to exceed $10,000.00 as they are received from the Arkansas Emergency Telephone Services Board for dispatcher training expenses. 3. Mutual Aid Agreement: A resolution approving a Mutual Aid Police Protection Agreement between the City of Fayetteville, Arkansas and the City of Springdale, Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 4. Animal Services Miscellaneous Donations: A resolution approving budget adjustments totaling $26,000.00 from Animal Services Miscellaneous Donations to meet increased supply and operational costs at the Fayetteville Animal Shelter. 5. McClelland Consulting Engineers Amendment No. 1: A resolution approving Amendment No. 1 to the contract with McClelland Consulting Engineers in the amount of $74,993.08 for construction phase services for the Township Street 36-inch Water Main Project; and approving a project contingency in the amount of$15,000.00. 6. Seven Valleys Construction Company, Inc.: A resolution approving a contract with Seven Valleys Construction Company, Inc. in the amount of $1,757,232.00 for the construction of a 36-inch water main along Township Street to include approximately 4,462 feet of 36-inch ductile iron water main; and approving a project contingency in the amount of$90,000.00. 7. Wastewater Collection and Treatment Services Amendment: A resolution approving an amendment to the Wastewater Collection and Treatment Services Contract with the City of Farmington,Arkansas. 8. Natural Resources Conservation Service (NRCS): A resolution authorizing the Engineering Division to apply for and accept a grant through the Natural Resources Conservation Service (NRCS) in an amount not to exceed $27,000.00 for debris removal from streams with flooding potential due to the January 2009 ice storm; and authorizing the Mayor to execute a project agreement with the NRCS and all other documents necessary to carry out the project. 9. ADM 09-3333 (612 N. College Avenue ROW Variance): A resolution approving a variance of the Unified Development Code Section 164.12 (F) Nonconforming Uses and Structures, Repairs and Maintenance, and Section 166.18 Master Street Plan Setbacks, allowing the existing structure located at 612 N. College Avenue to remain within the Master Street Plan right-of-way and to be improved greater than the 10% replacement cost allowed by code, within the existing limits of the structure. 10. Arkansas Level II Trauma Center: A resolution to support the selection of Washington Regional Medical Center as an Arkansas Level II Trauma Center. 11. U.S. Marshal Service Reimbursement for Computer Equipment: A resolution approving a budget adjustment for the Fayetteville Police Department in an amount not to exceed $35,000.00 to recognize reimbursement from the U.S. Marshal Service for the purchase of computer equipment to support the U.S. Marshal's Western District Task Forces. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. This ordinance was left on the Second Reading at the July 7, 2009 City Council meeting. C. New Business: 1. Street Name Change: A resolution changing the names of sections of West Salem Road and West Weir Road. 2. Amend Chapter 163 Use Conditions: An ordinance to amend §163.15 Transit System Shelters of the Unified Development Code to allow transit shelters located within the Master Street Plan right-of-way and building setback lines. 3. Amend Chapter 111 Alcoholic Beverages: An ordinance to amend §111.30 Retail of Chapter 111 Alcoholic Beverages of the Fayetteville Code to enact a new subsection (H) Restaurant Beer and Wine Permit. 4. RZN 09-3317 (Whitfield): An ordinance rezoning that property described in rezoning petition RZN 09-3317, for approximately 9.91 acres, located on the west side of Crossover Road, approximately 0.50 mile north of Highway 16E, from RSF-4, Residential Single Family Four Units/Acre, to MSC, Main Street Center. 5. RZN 09-3318 (Happy Hollow School): An ordinance rezoning that property described in rezoning petition RZN 09-3318, for approximately 32.53 acres, located on the west side of Crossover Road, approximately 0.50 mile north of Highway 16E, northeast of Happy Hollow Elementary School from RSF-4, Residential Single Family Four Units/Acre, to P-1, Institutional. 6. R-PZD 09-3237 (Markham Hill Cottage Courts): An ordinance establishing a residential planned zoning district titled R-PZD 09-3237, Markham Hill Cottage Courts, located north of Maine Street and west of Cross Avenue; containing approximately 2.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. 7. VAC 09-3181 (Elsass/619 Rockcliff Road): An ordinance approving VAC 09-3181 submitted by Kirk Elsass for property located at 619 North Rockcliff Road to vacate approximately 3,206 square feet of drainage easement on the subject property. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 8. VAC 09-3320 (Elsass/621 Rockcliff Road): An ordinance approving VAC 09-3320 submitted by Alan Reid for property located at 621 Rockcliff Road to vacate a 12.5' utility and drainage easement and a 15' utility, drainage, and pedestrian easement containing a total of 3,794 square feet. 9. VAC 09-3321 (Hubbard/Trails End Lane): An ordinance approving VAC 09-3321 submitted by Tom Hubbard for property located at 4830 Trails End Lane to vacate a portion of a utility easement containing a total of 131.76 square feet. 10. Amend Chapter 33 Departments, Boards, Commissions, and Authorities: An ordinance to amend Article XI Environmental Concerns Committee of Title III of the Code of Fayetteville to rename it Environmental Action Committee. Agenda Additions: Announcements: 1. City Council Tour: None Adjournment: NOTICE TO MEMBERS OF THE A UDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. 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. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 Washington County Regional Ambulance Authority-Central EMS Ambulance Authority July Report Page 1 of 32 Draft Budget Projections This document reflects the loss of the VA Contract revenue in the 2009 Revised column. For 2010, we have provided projections that reflect no VA Contract,essentially no increase in call volume and no new personnel position. July 15,2009 2009 2010 Gross Sales Original Revised-No VA Contract Projected Patient Charges $ 8,717,490 $ 7,899,659 8,294,642 Wheelchair Charges 122,160 165,247 173,509 VA Charges 895,711 324,439 15,000 Standby Charges 202,128 184,406 193,626 PAMP Dues Charged 66,744 68,146 67,000 Bad Debt Recovery 40,800 42,849 45,000 Mandatory Write Offs (3,091,118) (2,665,849) (2,700,000) PAMP Charges Written Off (96,000) (57,811) (65,000) PAMP Non Renewals (3,420) (3,230) (3,250) Washington County Assistance 561,000 561,001 561,001 Elkins 8,892 8,892 8,892 Farmington 14,420 14,420 14,420 Goshen 3,008 3,008 3,008 Greenland 4,904 4,904 4,904 Johnson 6,652 6,652 6,652 Lincoln 8,236 8,236 8,236 Prairie Grove 13,468 13,468 13,468 West Fork 8,168 8,168 8,168 CMRS 121,200 150,994 150,994 911 Dispatch Assistance - - Fayetteville Assistance 268,632 269,886 269,886 Monetary Donations - - - In-Kind Donations Grants - - - Miscellaneous Income 11,400 10,294 10,294 Interest Earned 4,800 3,375 3,375 $ 7,889,275 $ 7,021,154 7,083,826 Operating Expense Buildings&Facilities $ 101,856.0 $ 99,064.0 100,000 Medical Supplies&Equipment 239,786 248,974 265,000 Vehicle Maintenance&Fuel 268,308 165,093 165,000 Field Training 20,744 17,269 15,000 IT 9,000 - Communications 69,684 72,171 70,000 Health&Safety 25,420 25,140 25,000 Business Office 92,580 91,542 90,000 Administration 267,640 257,538 260,000 Wages 3,654,252 3,583,213 3,550,000 Employer Taxes 288,868 283,116 280,000 Benefits 439,045 435,209 435,000 Other Expenses Bad Debt Expense 1,693,672 1,400,942 1,445,000 Depreciation Expense 396,000 342,942 344,000 Lot/Building Lease 39,000 39,000 39,000 Total Expenses $ 7,605,855 $ 7,061,213 7,083,000 Total Income $ 7,889,275 $ 7,021,154 7,083,826 Total Expenses $ 7,605,855 $ 7,061,213 7,083,000 Gain(Loss) $ 283,420 $ (40,059) 826 KarenIEMS-#2RevisedlnterlocalAgreement.doc 03/19/08 Adopted by Quorum Court 03/20/08—Ordinance No.2008-12 Ambulance Authority July Report Page 2 of 32 AGREEMENT FOR AMBULANCE SERVICES THIS INTERLOCAL AGREEMENT FOR AMBULANCE SERVICES ("Agreement") is made and entered into by and between WASHINGTON COUNTY, ARKANSAS, ("County") and the cities of ELKINS, FARMINGTON, FAYETTEVILLE, GOSHEN, GREENLAND, LINCOLN, PRAIRIE GROVE, WEST FORK, WINSLOW and JOHNSON ("Cities"). WHEREAS, A.C.A. §14-14-910, A.C.A. §25-20-101, and A.C.A. §14-266-102 authorize cities and counties to enter into contracts to co-operate or join with each other to provide emergency and non-emergency medical services and to specify the responsibilities of all parties; and, WHEREAS, all parties acknowledge that the continued provision of ambulance service is crucial for the continued health and safety of the residents of the named Cities and the County; and, WHEREAS, the County and Cities mutually agree that the creation of an Ambulance Authority or similar entity as provided for in A.C.A. §14-14-910, A.C.A. §25-20-101 and A.C.A. §14-266-101 et. seq is in the best long-term interests of the parties; and, WHEREAS, said Authority should consist of representatives of the above named Cities and the County; and, WHEREAS, all parties acknowledge that the formation of such an Authority will demand close and continued cooperation of all parties. NOW, THEREFORE,IT IS AGREED: ARTICLE 1. AUTHORITY ORGANIZATION. (a) One individual selected by each entity shall represent said entity on the Board of Directors of the Authority to be known as the Washington County Regional Ambulance Authority. (1) Each Board member shall serve a term of three (3) years and be eligible to serve two (2) consecutive terms. (2) The initial term of each Board member shall be determined by the drawing of lots or similar method so as to provide staggered terms. (b) The Board shall meet on no less than on a quarterly basis to transact all business associated with the powers and responsibilities conferred upon it. However, the Board shall reserve to itself the right to meet on whatever basis it determines is appropriate. (c) The Board shall employ an executive director to manage a regional ambulance system. Ambulance Authority July Report Page 3 of 32 (d) In order to ensure maximum efficiency and effectiveness of the operation, an executive committee shall be formed to be charged with the oversight of the day-to-day operation of the system. The members of said executive committee shall be as follows: (1) The County board appointee who shall reside in the unincorporated service area. (2) The Fayetteville City Council appointee; (3) A second Fayetteville appointee (Both City Council appointees shall serve at the pleasure of the City Council and can be removed and replaced by different representatives by City Council Resolution.); (4) A small city appointee to be chosen by the aforestated cities, excluding the City of Fayetteville; (5) A Nursing Home or medical profession representative who shall reside in the City of Fayetteville to be chosen by the County appointee; the Fayetteville appointees, and the small city appointee. (6) A Hospital representative who shall reside in the City of Fayetteville to be chosen by the County appointee; the Fayetteville appointees, and the small city appointee. (7) A representative of the financial community residing in the service area to be chosen by the County appointee, the Fayetteville appointees and the small city appointee. ARTICLE 2. PURPOSES, POWERS, RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE CREATED ENTITY. (a) All parties acknowledge that the need to create an entity to own, operate and manage an ambulance service is necessary and appropriate. (b) The Authority created herein shall have the following powers: (1) To provide advanced life support emergency ambulance service in the designated area; (2) To provide emergency medical dispatch including pre-arrival instructions in accordance with approved dispatch protocols; (3) To set ambulance user fees; (4) To own system revenues; (5) To provide exclusive emergency and non-emergency (within the cities only) ambulance service; 2 Ambulance Authority July Report Page 4 of 32 (6) To enter into mutual aid and automatic aid agreements with neighboring ambulance services for emergency services; (7) Comprehensive regulatory powers over the ambulance system performance; (8) Ownership of or access to key components of the system infrastructure; (9) Centralize medical direction and clinical oversight of the ambulance system to the extent deemed necessary; (10) To promulgate rules and regulations to further effectuate the purposes of this agreement; (11) To own and dispose of real and personal property; (12) To adopt and oversee comprehensive system performance on an annual basis to include periodic revisions to comply with emerging technologies and changes in clinical and operational standards. (c) Washington County Regional Ambulance Authority's Specific Duties. The Authority created herein shall have the following specific duties and responsibilities in addition to the statutory and administrative requirements of§14-266-109, the Arkansas Medical Practices Act, and any other government or professional standards. (1) Minimum Standards Continue. The Authority shall continue to meet all existing minimum performance standards within Fayetteville as stated in the current City of Fayetteville Contract For Emergency Medical Transport Services with CEMS except as to quarterly reports to the City of Fayetteville. (A copy of this contract is attached as Exhibit A.) (2) Reporting Requirements. (A) Fayetteville. On the third Tuesday of July each year, the Washington County Regional Ambulance Authority by the two Fayetteville representatives on the Executive Committee shall appear before the Fayetteville City Council to present: (i) The written annual, audited report of the previous year's financial and response data reports; (ii) A written report of the financial and response data for the first half of the current year; (iii) Plans and projections to replace or enlarge capital property and equipment within the next 18 months; 3 Ambulance Authority July Report (iv) Plans and justifications for any personnel increas999MffIiW the next 18 months; and (v) Revenue/expense projections for the next 18 months. (B) Any Other Member Of This Authority. Upon written request by any other member of this Authority, the Board Member representing that entity shall provide the full written and oral report referred to in (A) to that City or to the County during its regular July or August meeting. ARTICLE 3. FINANCING; TRAINING; COMPLIANCE WITH A.C.A. &20- 13-301 ET. SEQ. (a) All parties acknowledge that the need for a guaranteed revenue source independent of and in addition to fees for service is necessary in order to ensure the continued viability of said service. (b) The annual regional ambulance service-funding source for all parties of this Agreement shall be based upon the most recent Federal Census including any special Census. (1) All Cities shall pay$4.00 per capita except that only those citizens of Johnson within CEMS's territory shall be counted for the per capita fees. The City of Fayetteville shall maintain at least its minimum annual contribution of$270,000.00 through the end of 2011. (2) Washington County shall pay $15.50 per capital for the unincorporated population served by CEMS with at least a minimum annual contribution of$550,000.00 through the end of 2011. (c) The Authority shall continue to seek a sustainable funding source with the goal of reducing subsidies proportionately across the board. (d) Except as stated above, no party to this Agreement may be financially obligated without the approval of its governing body. (e) All governing bodies party to this agreement must approve any increases in subsidy. (f) A percentage of these funds shall be set aside for replacement of capital items. (g) The ambulance service owned or under contract with the Authority shall be required to provide, at no additional charge, the Arkansas Department of Health 24 hour basic refresher course to all EMT certified firefighters that act as first responders with said ambulance service. (h) The financing provided by the parties hereto shall be from general revenues; furthermore, the financing and this agreement are contingent upon compliance with A.C.A. §20-13-301 et. seq. by the County and all the parties will cooperate to the 4 Ambulance Authority July Report extent necessary in complying with such. The parties shall rd?MVIC edit for payments already made to CEMS in 2008 for this year's annual subsidy commitment. ARTICLE 4. TERM. This initial term of this agreement shall be from the date that all parties have agreed to this interlocal agreement through December 31, 2011. This agreement shall be automatically renewed with possible changes to Article 3 Financing for an additional five-year term unless any party notifies the Authority in writing of its refusal to participate in the Authority and this Agreement by September 1, 2011. All parties agree to consider the effects of the 2010 Decennial Federal Census upon the division of the County Sales Tax between the County and the Cities and the proportional changes of the populations of the Cities and the unincorporated portions of Washington County and make any adjustment or amendments advisable and necessary to Article 3 to ensure financial viability of the Authority and fairness for all parties. A second automatic renewal shall occur on December 31, 2016 unless any party notifies the Authority in writing of its refusal to participate in the Authority and this Agreement by September 1, 2016. A substantial review of the financial status of the Authority and all parties should occur in 2021 after the 2020 Federal Decennial Census and prior to further renewals of this Agreement. Not withstanding the above terms, all parties to this Agreement may withdraw from this agreement upon six months' written notice to the Authority and shall only be responsible to pay its per capita fee for that portion of the year. ARTICLE 5. TRANSFER OF OWNERSHIP OF EQUIPMENT TO WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY. Property currently owned by any party that is transferred to the Washington County Regional Ambulance Authority shall be returned to that party or purchased from that party at its fair market value if such party terminates its membership from the Authority and withdraws from this Agreement by July 1, 2011, after giving its six month notice. All property and resources of the Washington County Regional Ambulance Authority purchased during its existence or owned by it on July 2, 2011, or thereafter shall remain the Authority's exclusive property throughout the Authority's existence. ARTICLE 6. SEVERABILITY. The provisions of this Agreement are declared to be severable. If any provision hereof shall be held to be invalid or to be inapplicable to any person or circumstance, such holdings shall not affect the ability or the applicability of the remainder hereof. ARTICLE 7. EFFECTIVE DATE. This Agreement shall not be effective until approved and signed by all parties in accordance with the law. 5 Ambulance Authority July Report Page 7 of 32 APPENDIX TO AGREEMENT APPENDIX DEFINITION OF TERMS WHEN AND IF USED. Ambulance Authority: Quasi-governmental entity created to oversee and deliver ambulance service in a specified geographical service area. Ambulance Service: Means emergency and non-emergency transport services offered by the Authority, including management, supervision, mass gathering and community events. Exclusivity: Sole provider emergency and non-emergency ambulance rights granted by ordinance or resolution by each party to the extent allowed by State Law. Per Capita: Funding structure set forth by this Agreement based on population. Cities contribute at $4.00 per capita due to the increased number of calls generated within their city limits. The County contributes at $15.50 per capita due to the increased coverage area and decreased density of call volume in the unincorporated areas of the County. No reduction of any entity's gross subsidy shall occur during first term of this agreement. Subsidy: Government funds requested by the Authority to provide ambulance service. User Fees: Fees charged to patients treated or transported by the ambulance service, or fees charged to an individual or an organization for ambulance standby coverage. 6 Ambulance Authority July Report Page 8 of 32 March 7, 2009 ERVIN & COMPANY To the Senior Management and Certified Public Aecoemrmts,P.A. The Board of Directors Central Emergency Medical Services, Inc. Fayetteville, Arkansas As part of our audit of the financial statements of Central Emergency Medical Services, Inc., as of and for the year ended December 31, 2008, we wish to communicate the following to you. AUDIT SCOPE AND RESULTS Auditor's Responsibility Under Auditing Standards Generally Accepted in the United Sates of America An audit performed in accordance with auditing standard generally accepted in the United States of America is designed to obtain reasonable, rather than absolute, assurance about the financial statements. In performing auditing procedures, we establish scopes of audit tests in relation to the financial statements taken as a whole. Our engagement does not include a detailed audit of every transaction. Our engagement letter more specifically describes our responsibilities. These standards require communication of significant matters related to the financial statement audit that are relevant to the responsibilities of those charged with governance in overseeing the financial reporting process. Such matters are communicated in the remainder of this letter or have previously been communicated during other phases of the audit. The standards do not require the auditor to design procedures for the purpose of identifying other matters to be communicated with those charged with governance. An audit of the financial statements does not relieve management or those charged with governance of their responsibilities. Our engagement letter more specifically describes your responsibilities. Qualitative Aspects of Significant Accounting Policies and Practices Management is responsible for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. These significant accounting policies are described in Note 1 of the financial statements. We noted no transactions entered into by the Organization 4257 Gabel Drive suite 2A during the year for which there is a lack of authoritative guidance or consensus. Fayetteville,Are 72703 There are no significant transactions that have been recognized in the financial Office:(479)442-8546 statements in a different period than when the transaction occurred. Toll Free:(800)500-1271 Fax: (479)442-5637 Ervin and Company CPAs, P.A. Ambulance Authority July Report Page 2 Page 9 of 32 Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. The financial statements include adequate disclosures. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with the board or management in performing and completing our audit. Corrected and Unrecorded Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. We did not propose any adjusting journal entries. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated February 13, 2009. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Organization's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. INTERNAL CONTROL OVER FINANCIAL REPORTING In planning and performing our audit of the financial statements of Central Emergency Medical Services, Inc. as of and for the year ended December 31, 2008, in accordance with auditing standards generally accepted in the United States of America, we considered the Organization's internal control over financial reporting (internal control) as a basis for designing our auditing Ervin and Company CPAs, P.A. Ambulance Authority July Report Page 3 Page 10 of 32 procedures for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. As such, our consideration of internal controls would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements of the Organization's financial statements on a timely basis. A control deficiency in design exists when a control necessary to meet a control objective is missing or an existing control is not properly designed so that, even if the control operates as designed, a control objective is not always met. A control deficiency in operation exists when a properly designed control does not operate as designed or when the person performing the control does not possess the necessary authority or qualifications to perform the control effectively. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the Organization's ability to initiate, authorize, record, process or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Organization's financial statements that is more then inconsequential will not be prevented or detected by the Organization's internal controls. A material weakness is a significant deficiency, or a combination of significant deficiencies, that results in more that a remote likelihood that a material misstatement of the Organization's financial statements will not be prevented or detected by the Organization's internal controls. Material Weaknesses No matters are reportable. Significant Deficiencies No matters are reportable. Other Control Deficiencies No matters are reportable. OTHER MATTERS Other matters are not considered material weaknesses, significant deficiencies, or control deficiencies in internal control over financial reporting. We observed the following other matters and offer comments and suggestions with respect to those matters that came to our attention during the course of the audit of the financial statements. Our audit procedures are designed primarily to enable us to form an opinion on the financial statements. As such, all weaknesses in