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HomeMy WebLinkAbout2016-09-20 - Agendas - Archive 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 Mayor Lioneld Jordan Ward 4 Position 2 City Attorney Kit Williams City Clerk Sondra E.Smith City of Fayetteville Arkansas City Council Meeting September 20, 2016 A meeting of the Fayetteville City Council was held on September 20, 2016 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations,Reports, and Discussion Items. 1. Nominating Committee Report. Agenda Additions A. Consent: 1. Approval of the September 6, 2016 City Council Meeting Minutes. Approved 2. BID NO. 16-51 MULTI-CRAFT CONTRACTORS, INC.: A resolution to award bid No. 16-51 and authorize a contract with Multi-Craft Contractors, Inc. for plumbing 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov services on an on-call basis for a period of one year with an automatic option to renew for four additional years. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-16 3. BID NO. 16-52 ARACREBS II, LLC D/B/A ELITE BUILDING SOLUTIONS: A resolution to award bid no. 16-52 and authorize a contract with Aracrebs II, LLC d/b/a Elite Building Solutions for HVAC services on an on-call basis for a period of one year with an automatic option to renew for four additional years. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-16 4. WEX BANK: A resolution to approve a contract with Wex Bank, pursuant to a national joint powers alliance cooperative purchasing agreement,to enable the city to participate in a Fuel Card Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-16 5. 2016-2017 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT: A resolution to authorize acceptance of a 2016-2017 selective traffic enforcement program grant in the amount of$116,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-16 6. FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A resolution to approve a joint lease agreement with the Fayetteville School District for portions of Jefferson Elementary School, Holcomb Elementary School and Lake Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-16 7. GAMETIME C/O CUNNINGHAM RECREATION: A resolution to approve the purchase of playground equipment from Gametime c/o Cunningham Recreation for the Ellen Smith Head Start Center located at 2052 South Garland Avenue in the amount of $32,061.63, including the cost of installation, pursuant to a U.S. Communities National Cooperative Purchasing Program Contract. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-16 8. TRIMARK STRATEGIC EQUIPMENT AND SUPPLY CORPORATION: A resolution to authorize the purchase of kitchen equipment for the Fayetteville Senior Center from Trimark Strategic Equipment and Supply Corporation in an amount not to exceed $95,000.00,pursuant to a national joint powers alliance cooperative purchasing agreement, contingent upon approval by the U.S. Department of Housing and Urban Development. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-16 9. BID NO. 16-49 GOODWIN & GOODWIN, INC: A resolution to award bid no. 16-49 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of$3,286,735.00 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov for the water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 - Porter Road-Highway 112/71B widening and interchange improvements, to approve a project contingency in the amount of $328,673.50, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 170-16 10. GARVER, LLC AMENDMENT NO. 2: A resolution to approve Amendment No. 2 to the contract with Garver, LLC in the amount of $196,800.00 to add construction phase services for the water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414-Porter Road-Highway 112/71B widening and interchange improvements, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-16 B. Unfinished Business: 1. RZN 16-5442 (2514 W. LORI RD. /RAZORBACK GOLF COURSE): An ordinance to rezone that property described in rezoning petition RZN 16-5442 for approximately 99.10 acres located at 2514 West Lori Road from r-a, residential agricultural; rsf-1, residential single family, one unit per acre and rsf-4, residential single family, 4 units per acre to nc, neighborhood conservation; r-a, residential agricultural and ns, neighborhood services. THIS ORDINANCE WAS LEFT ON THE SECOND READING AT THE SEPTEMBER 20, 2016 CITY COUNCIL MEETING. 2. RZN 16-5500 (335 E. 7TH ST./NIEDERMAN) APPEAL: An ordinance to rezone that property described in rezoning petition RZN 16-5500 for approximately 0.23 acres located at 335 east 7th street from nc, neighborhood conservation to dg, downtown general. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5902 C. Public Hearing: 1. CONDEMNATION AND POSSESSION FOR WATER AND SEWER RELOCATIONS: A resolution to authorize the city attorney to seek condemnation and possession of certain lands owned by Drake St Property, LLC, 1155 Properties, RPMI Properties-Fayetteville,LLC a/k/a RPM 1 Properties,LLC,and Nelms,LLLP for the water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 - Interstate 49 and Highway 112 Interchange, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-16 D. New Business: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov 1. LIBRARY IMPROVEMENT BONDS: An ordinance to authorizing the issuance and sale of the city's public library improvement bonds for the purpose of financing a portion of the costs of capital improvements to the Fayetteville Public Library; authorizing the execution and delivery of a trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5903 2. 2016 MILLAGE LEVY: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2016 fixing the rate thereof at 2.3 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,2.5 mills for Fayetteville Public Library operations, and 1.2 mills for the Fayetteville Public Library expansion; and certifying the same to the county clerk of Washington County, Arkansas. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5904 3. RZN 16-5521 (SE OF SOUTH ST. & S. COLLEGE AVE./FAYETTEVILLE RENTALS):An ordinance to rezone that property described in rezoning petition RZN 16-5521 for approximately 0.67 acres located Southeast of South Street and South College Avenue from nc, neighborhood conservation to rsf-18, residential single family, 18 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5905 4. RZN 16-5535 (EAST END OF BORICK DR./CITY FIRE TRAINING CENTER): An ordinance to rezone that property described in rezoning petition RZN 16-5535 for approximately 14.20 acres located at the east end of Borick Drive from i-2, general industrial and r-a,residential agricultural to p-1, institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5906 5. VAC 16-5536 (S.END OF MARKS MILL LN./SUMMIT PLACE S/D): An ordinance to approve VAC 16-5536 submitted by Mike Baumann for property located at the south end of Marks Mill Lane to vacate portions of a utility, drainage and access easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5907 6. ADM 16-5538 (2180 W.MOORE LN./SPRINGWOODS C-PZD MODIFICATION): An ordinance to amend the Springwoods Commercial Planned Zoning District to allow single family dwellings as a use by right on tracts 2, 3, and 4 of lot 2. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5908 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov 7. ARKANSAS STATE HIGHWAY AND TRANSPORTATION COMMISSION COST-SHARE AGREEMENT: A resolution to approve a cost-share agreement with the Arkansas State Highway and Transportation Commission to add a pedestrian and bicycle shared use path to the Wedington Drive Bridge over Interstate 49 with the city's portion of the cost not to exceed $415,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-16 E. City Council Agenda Session Presentations: 1. Agenda Session Presentation- 2017 General Fund Budget Discussion. City Council Tour Announcements Adjournment: 7:05 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting: September 20,2016 Adjourn: '71J5 p Subject: Roll f' La Tour Long t/ Gray 6 Marsh 0. ^F !/ - � Kinion Petty Tennant Schoppmeyer �- Mayor Jordan _U Subject: `nprn,4M � Motion To: Motion By: ° Seconded: La Tour Long Gray ... Marsh Kinion Petty L Tennant " Schoppmeyer r Mayor Jordan City Council Meeting: Subject: Consent 14 Motion To: Motion By: Seconded: G Consent La Tour A.2 -A. 10 Long r Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: Subject: RZN 16-5442 (2514 W. LORI RD./RAZORBACK GOLF COURSE) Motion To: Motion By: Seconded: B. I La Tour Unfinished Long Business Gray Marsh L Kinion Petty a 7-7d Tennant PL�-J,"CSchoppmeyer Mayor Jordan Subject: RZN 16-5500 (335 E. 7TH ST./NIEDERMAN)APPEAL Motion To: r n ) -3 Motion By: O/Llo-k Seconded: A-& 1 B. 2 La Tour Unfinished Long Business Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan I— T City Council Meeting: Subject: CONDEMNATION AND POSSESSION FOR WATER AND SEWER RELOCATIONS Motion To: Motion By: � ; Seconded: ,> C. 1 La Tour ,/ 1 Public Long ✓ �✓ Hearing Gray Azr✓ Marsh C�- ,e) Kinion ✓ � Petty v' 2 Tennant Schoppmeyer Mayor Jordan 1-7 Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: Subject: LIBRARY IMPROVEMENT BONDS Motion To: kamJ gr/ Motion By: Seconded: 10f1m, P'1�1 D. 1 La Tour A10 New Long Business Gray Marsh Petty Tennant Schoppmeyer Mayor Jordan] Subject: 2016 MILLAGE LEVY Motion To: Motion By: ov� Seconded: D. 2 La Tour s Alo A/0 New Long L-1-1, Business Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: Subject: Motion To: v"P Motion By: RZN 16-5521 (SE OF SOUTH ST. &S. COLLEGE AVE./FAYETTEVILLE RENTALS) Seconded: D. 3 La Tour New Long Business Gray Marsh Kinion Petty v Tennant Schoppmeyer Mayor Jordan Subject: RZN 16-5535 (EAST END OF BORICK DR./CITY FIRE TRAINING CENTER) Motion To: Motion By: Seconded: D. 4 La Tour New Long Business Gray Marsh Yinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: Subject: VAC 16-5536 (S. END OF MARKS MILL LN./SUMMIT PLACE S/D) Motion To: Motion By: Seconded: D. 5 La Tour New Long Business Gray �A)�12 ` Marsh Xinion Petty Tennant Schoppmeyer Mayor Jordan Subject: Motion To: ADM 16-5538 (2180 W. MOORE LN./SPRINGWOODS C-PZD MODIFICATION) Motion By: J Seconded: D. 6 La Tour New Long Business Gray �l r� , x.. Marsh Kinion ---µ°-.ms- Petty lam , r Tennant Schoppmeyer Mayor Jordan City Council Meeting: Subject: ARKANSAS STATE HIGHWAY AND TRANSPORTATION COMMISSION COST-SHARE AGREEMENT Motion To: q Motion By: Seconded: .t�fr ^� `^ A 7 La Tour New Long Business Gray Marsh Kinion Petty Tennant " Schoppmeyer Mayor Jordan Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan AL TL DEPAR'T'MENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Patti Mulford THRU: Sondra Smith,City Clerk Paralegal FROM: Kit Williams, City Attorney C DATE: September 21, 2016 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 20,2016 1. A resolution to award Bid No. 16-51 and authorize a contract with Multi-Craft Contractors,Inc. for plumbing services on an on-call basis for a period of one year with an automatic option to renew for four additional years. 2. A resolution to award Bid No. 16-52 and authorize a contract with Aracrebs II, LLC d/b/a Elite Building Solutions for HVAC services on an on-call basis for a period of one year with an automatic option to renew for four additional years. 3. A resolution to approve a contract with Wex Bank,pursuant to a National Joint Powers Alliance Cooperative Purchasing Agreement, to enable the City to participate in a fuel card program. 4. A resolution to authorize acceptance of a 2016-2017 Selective Traffic Enforcement Program Grant in the amount of$116,000.00, and to approve a budget adjustment. 5. A resolution to approve a Joint Lease Agreement with the Fayetteville School District for portions of Jefferson Elementary School, Holcomb Elementary School and Lake Fayetteville. 6.A resolution to approve the purchase of playground equipment from Gametime c/o Cunningham Recreation for the Ellen Smith Head Start Center located at 2052 South Garland Avenue in the amount of$32,061.63, including the cost of installation,pursuant to a U.S. Communities National Cooperative Purchasing Program Contract. 7. A resolution to authorize the purchase of kitchen equipment for the Fayetteville Senior Center from Trimark Strategic Equipment and Supply Corporation in an amount not to exceed $95,000.00, pursuant to a National Joint Powers Alliance Cooperative Purchasing Agreement, contingent upon approval by the U.S. Department of Housing and Urban Development. 8. A resolution to award Bid No. 16-49 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of $3,286,735.00 for the water and sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 - Porter Road-Highway 112/71B widening and interchange improvements, to approve a project contingency in the amount of $328,673.50, and to approve a budget adjustment. 9. A resolution to approve Amendment No. 2 to the contract with Garver, LLC in the amount of $196,800.00 to add construction phase services for the water and sewer relocations associated with Arkansas Highway and Transportation Department project BB0414 - Porter Road-Highway 112/71B widening and interchange improvements, and to approve a budget adjustment. 10. An ordinance to rezone that property described in rezoning petition RZN 16-5500 for approximately 0.23 acres located at 335 East 7th Street from NC,Neighborhood Conservation to Dg, Downtown General subject to the attached Bill of Assurance. 11. A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Drake St Property, LLC, 1155 properties and RPM Properties-Fayetteville,LLC a/k/a RPM1 Properties, LLC for the water and sewer relocations associated with Arkansas Highway and Transportation Department project BB0414 - Interstate 49 and Highway 112 interchange, and to approve a budget adjustment. 12.An ordinance authorizing the issuance and sale of the City's Public Library improvement bonds for the purpose of financing a portion of the costs of capital improvements to the Fayetteville Public Library; authorizing the execution and delivery of a trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. 13. An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2016 fixing the rate thereof at 2.3 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,2.5 mills for Fayetteville Public Library Operations,and 1.2 mills for the Fayetteville Public Library expansion; and certifying the same to the County Clerk of Washington County,Arkansas. 14. An ordinance to rezone that property described in rezoning petition RZN 16-5521 for approximately 0.67 acres located southeast of South Street and South College Avenue from NC, Neighborhood Conservation to RSF-18, Residential Single Family, 18 Units Per Acre. 15. An ordinance to rezone that property described in rezoning petition RZN 16-5535 for approximately 14.20 Acres located at the east end of Borick Drive from I-2, General Industrial and R-A, Residential Agricultural to P-1, Institutional. 16. An ordinance to approve VAC 16-5536 submitted by Mike Baumann for property located at the south end of Marks Mill Lane to vacate portions of a utility, drainage and access easement. 2 17. An ordinance to amend the Springwoods Commercial Planned Zoning District to allow Single Family Dwellings as a use by right on Tracts 2, 3, and 4 of Lot 2. 18. A resolution to approve a cost-share agreement with the Arkansas State Highway and Transportation Commission to add a pedestrian and bicycle shared use path to the Wedington Drive bridge over Interstate 49 with the City's portion of the cost not to exceed$415,000.00. 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e 0\_ 0 e�. Y u Meeting Agenda - Final Agenda Tuesday, September 20, 2016 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward I 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 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations,Reports and Discussion Items: 1. 2016-0119 NOMINATING COMMITTEE REPORT Agenda Additions: A. Consent: A. 1 2015-0655 APPROVAL OF THE SEPTEMBER 6,2016 CITY COUNCIL MEETING MINUTES. A. 2 2016-0417 BID NO. 16-51 MULTI-CRAFT CONTRACTORS,INC.: A RESOLUTION TO AWARD BID NO. 16-51 AND AUTHORIZE A CONTRACT WITH MULTI-CRAFT CONTRACTORS, INC. FOR PLUMBING SERVICES ON AN ON-CALL BASIS FOR A PERIOD OF ONE YEAR WITH AN AUTOMATIC OPTION TO RENEW FOR FOUR ADDITIONAL YEARS Attachments: BID NO. 16-51 MULTI-CRAFT CONTRACTORS,INC. A. 3 2016-0418 BID NO. 16-52 ARACREBS II,LLC D/B/A ELITE BUILDING SOLUTIONS: A RESOLUTION TO AWARD BID NO. 16-52 AND AUTHORIZE A CONTRACT WITH ARACREBS 11, LLC D/B/A ELITE BUILDING SOLUTIONS FOR HVAC SERVICES ON AN ON-CALL BASIS FOR A PERIOD OF ONE YEAR WITH AN AUTOMATIC OPTION TO RENEW FOR FOUR ADDITIONAL YEARS Attachments: BID NO. 16-52 ARACREBS II,LLC D/B/A ELITE BUILDING SOLUTIONS City of Fayetteville,Arkansas Page 2 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 A. 4 2016-0416 WEX BANK: A RESOLUTION TO APPROVE A CONTRACT WITH WEX BANK, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, TO ENABLE THE CITY TO PARTICIPATE IN A FUEL CARD PROGRAM Attachments: WEX BANK A. 5 2016-0399 2016-2017 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2016-2017 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $116,000.00, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 2016-2017 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT BA 2016-2017 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT A. 6 2016-0414 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL,HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE Attachments: FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT A. 7 2016-0410 GAMETIME C/O CUNNINGHAM RECREATION: A RESOLUTION TO APPROVE THE PURCHASE OF PLAYGROUND EQUIPMENT FROM GAMETIME C/O CUNNINGHAM RECREATION FOR THE ELLEN SMITH HEAD START CENTER LOCATED AT 2052 SOUTH GARLAND AVENUE IN THE AMOUNT OF $32,061.63, INCLUDING THE COST OF INSTALLATION, PURSUANT TO A U.S. COMMUNITIES NATIONAL COOPERATIVE PURCHASING PROGRAM CONTRACT Attachments: GAMETIME C/O CUNNINGHAM RECREATION City of Fayetteville,Arkansas Page 3 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 A. 8 2016-0422 TRIMARK STRATEGIC EQUIPMENT AND SUPPLY CORPORATION: A RESOLUTION TO AUTHORIZE THE PURCHASE OF KITCHEN EQUIPMENT FOR THE FAYETTEVILLE SENIOR CENTER FROM TRIMARK STRATEGIC EQUIPMENT AND SUPPLY CORPORATION IN AN AMOUNT NOT TO EXCEED $95,000.00, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, CONTINGENT UPON APPROVAL BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Attachments: TRIMARK STRATEGIC EQUIPMENT AND SUPPLY CORPORATION A. 9 2016-0420 BID NO. 16-49 GOODWIN& GOODWIN,INC.: A RESOLUTION TO AWARD BID NO. 16-49 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $3,286,735.00 FOR THE WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT PROJECT BB0414 - PORTER ROAD-HIGHWAY 112/71B WIDENING AND INTERCHANGE IMPROVEMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $328,673.50, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: BID NO. 16-49 GOODWIN&GOODWIN,INC. BA BID NO. 16-49 GOODWIN&GOODWIN,INC. A. 10 2016-0421 GARVER,LLC AMENDMENT NO.2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $196,800.00 TO ADD CONSTRUCTION PHASE SERVICES FOR THE WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT PROJECT BB0414- PORTER ROAD-HIGHWAY 112/71B WIDENING AND INTERCHANGE IMPROVEMENTS,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: GARVER,LLC AMENDMENT NO.2 BA GARVER,LLC AMENDMENT NO.2 B. Unfinished Business: City of Fayetteville,Arkansas Page 4 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 B. 1 2016-0328 RZN 16-5442 (2514 W.LORI RDJRAZORBACK GOLF COURSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5442 FOR APPROXIMATELY 99.10 ACRES LOCATED AT 2514 WEST LORI ROAD FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY, ONE UNIT PER ACRE AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION; R-A,RESIDENTIAL AGRICULTURAL AND NS,NEIGHBORHOOD SERVICES (LEFT ON FIRST READING) Attachments: RZN 16-5442(2514 W.LORI RD./RAZORBACK GOLF COURSE) BILL OF ASSURANCE At the July 19, 2016 City Council meeting this ordinance was left on the first reading. At the August 2, 2016 City Council Meeting this ordinance was left on the first reading and tabled indefinitely. At the September 6, 2016 City Council meeeting this ordinance was left on the first reading and tabled to the September 20, 2016 City Council meeting. B. 2 2016-0382 RZN 16-5500 (335 E. 7TH ST./NIEDERMAN)APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5500 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 335 EAST 7TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL (LEFT ON FIRST READING) Attachments: RZN 16-5500(335 E.7TH ST./NIEDERMAN)APPEAL ADDITIONAL RZN 16-5500 335 E.7TH ST.NIEDERMAN APPEAL At the September 6, 2016 City Council meeting this ordinance was left on the first reading. C. Public Hearing: City of Fayetteville,Arkansas Page 5 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 C. 1 2016-0419 CONDEMNATION AND POSSESSION FOR WATER AND SEWER RELOCATIONS: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY DRAKE ST PROPERTY, LLC, 1155 PROPERTIES, RPM1 PROPERTIES - FAYETTEVILLE, LLC A/K/A RPM1 PROPERTIES, LLC, AND NELMS, LLLP FOR THE WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT PROJECT BB0414- INTERSTATE 49 AND HIGHWAY 112 INTERCHANGE,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: CONDEMNATION AND POSSESSION FOR WATER AND SEWER RELOCATIOT BA CONDEMNATION AND POSSESSION FOR WATER AND SEWER RELOCA� ADDITIONAL: CONDEMNATION AND POSSESSION FOR WATER AND SEWE D. New Business: D. 1 2016-0413 LIBRARY IMPROVEMENT BONDS: AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY'S PUBLIC LIBRARY IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CAPITAL IMPROVEMENTS TO THE FAYETTEVILLE PUBLIC LIBRARY; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE PURSUANT TO WHICH THE BONDS WILL BE ISSUED AND SECURED; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO WHICH THE BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO Attachments: LIBRARY IMPROVEMENT BONDS City of Fayetteville,Arkansas Page 6 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 D. 2 2016-0398 2016 MILLAGE LEVY: AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2016 FIXING THE RATE THEREOF AT 2.3 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, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY,ARKANSAS Attachments: 2016 MILLAGE LEVY D. 3 2016-0406 RZN 16-5521 (SE OF SOUTH ST.& S.COLLEGE AVE./FAYETTEVILLE RENTALS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5521 FOR APPROXIMATELY 0.67 ACRES LOCATED SOUTHEAST OF SOUTH STREET AND SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18,RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE Attachments: RZN 16-5521 (SE OF SOUTH ST.&COLLEGE AVE./FAYETTEVILLE RENTALS) D. 4 2016-0397 RZN 16-5535(EAST END OF BORICK DR./CITY FIRE TRAINING CENTER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5535 FOR APPROXIMATELY 14.20 ACRES LOCATED AT THE EAST END OF BORICK DRIVE FROM I-2, GENERAL INDUSTRIAL AND R-A, RESIDENTIAL AGRICULTURAL TO P-1,INSTITUTIONAL Attachments: RZN 16-5535(EAST END OF BORICK DUCITY FIRE TRAINING CENTER) City of Fayetteville,Arkansas Page 7 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 D. 5 2016-0392 VAC 16-5536 (S. END OF MARKS MILL LN./SUMMIT PLACE S/D): AN ORDINANCE TO APPROVE VAC 16-5536 SUBMITTED BY MIKE BAUMANN FOR PROPERTY LOCATED AT THE SOUTH END OF MARKS MILL LANE TO VACATE PORTIONS OF A UTILITY,DRAINAGE AND ACCESS EASEMENT Attachments: VAC 16-5536:(S.END OF MARKS MILL LNISUMMIT PLACE S/D D. 6 2016-0401 ADM 16-5538(2180 W.MOORE LN./SPRINGWOODS C-PZD MODIFICATION): AN ORDINANCE TO AMEND THE SPRINGWOODS COMMERCIAL PLANNED ZONING DISTRICT TO ALLOW SINGLE FAMILY DWELLINGS AS A USE BY RIGHT ON TRACTS 2, 3,AND 4 OF LOT 2 Attachments: ADM_16-5538(2180 W/MOORE LN./SPRINGWOODS C-PZD MODIFICATION) D. 7 2016-0415 ARKANSAS STATE HIGHWAY AND TRANSPORTATION COMMISSION COST-SHARE AGREEMENT: A RESOLUTION TO APPROVE A COST-SHARE AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION COMMISSION TO ADD A PEDESTRIAN AND BICYCLE SHARED USE PATH TO THE WEDINGTON DRIVE BRIDGE OVER INTERSTATE 49 WITH THE CITY'S PORTION OF THE COST NOT TO EXCEED $415,000.00 Attachments: ARKANSAS STATE HIGHWAY AND TRANSPORTATION COMMISSION COST- E. City Council Agenda Session Presentations: E. 1 2016-0338 AGENDA SESSION PRESENTATION- 2017 GENERAL FUND BUDGET DISCUSSION F. City Council Tour: G. Announcements: H. Adjournment City of Fayetteville,Arkansas Page 8 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual 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 9 Printed on 9/15/2016 City Council Meeting Meeting Agenda-Final Agenda September 20, 2016 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 479-575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W.Mountain,Fayetteville,Arkansas. City of Fayetteville,Arkansas Page 10 Printed on 9/15/2016 CITY OF Fa y Ail"I ARKANSAS Nominating Committee Report Members Present—Chair Mark Kinion, Sarah Marsh, and Martin W. Schoppmeyer Jr. Absent—Alan Long The Nominating Committee recommends the following candidates for appointment: ACTIVE TRANSPORTATON ADVISORY COMMITTEE Jerry Bailey—One Community/Citizen at Large term ending 12/31/18 James McHendry—One Community/Citizen at Large unexpired term ending 12/31/17 AIRPORT BOARD Rick Bailey—One unexpired Pilot term ending 12/31/19 ANIMAL SERVICES ADVISORY BOARD Did not receive application for Licensed Veterinarian—One unexpired Licensed Veterinarian term ending 06/30/19 Clint Cunningham—One unexpired Citizen-at-Large term ending 6/30/18 BOARD OF ADJUSTMENTS William A. Finer—One unexpired term ending 03/31/18 TOWN AND GOWN ADVISORY BOARD Matthew Ramsey—One Ward 2 Resident term ending 09/30/18 Keith Tencleve—One Ward 4 Resident term ending 09/30/18 Leslie Belden—One Business Owner/City Development term ending 09/30/18 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. - The use of Petitioner's property shall be limited to t rue 2- -2 b '-i `A 2. Other restrictions including number and type of structures upon the property are limited to F1 aykv 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, 0�f4 A) i e a zr/t-�Ct-A , as the owner, developer or buyer (Petitioner)voluntarily offer all such assurances and sign my name below. I Lrst Niedecc%vl Date Printed Name /S__^>0r Address 7 2-7 S ignatu NOTARY OAT STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON And now on this the day of £� 1C,13"4" , 20X appeared before me, y r e.)x ks -c , a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTAR My Commission Expires: DAVID BRIAN ROWDEN Notary Public-Arkansas Washigton County My Commission Expires 03-03-2025 Commission # 12403425 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney City Council Patti Mulford Paralegal CC: Don Marr, Chief of Staff Paul Becker, Finance Director FROM: Kit Williams, City Attorney DATE: September 14, 2016 __-- RE: Removal of Nelm's Easement from Condemnation Authorization Resolution The City has now received the signed General Utility Easement from Nelms, LPP so we will prepare an amended Resolution which removes the authority to seek condemnation from Nelms, LLP. At the beginning of this item, please move to amend the Resolution in your packet to the one we will supply you with at the meeting. We appreciated Nelms being willing to setle with the City.