HomeMy WebLinkAbout2016-12-20 - 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
December 20, 2016
A meeting of the Fayetteville City Council was held on December 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
1. Alderman Martin W. Schoppmeyer JR. recognition.
City Council Meeting Presentations, Reports, and Discussion Items.
Agenda Additions
1. SEVEN HILLS MISSION: A resolution to express the City Council's support for the
Seven Hills Mission to assist the Fayetteville homeless population and to request our
citizens to honor this season of giving with a generous contribution to Seven Hills.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 236-16
This agenda item was added at the December 20,2016 City Council meeting.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
2. REPEAL § 97.083 & AMEND § 97.086: An ordinance to repeal § 97.083 Soliciting
ALMS and to amend § 97.086 Vending and Peddling (a) of the Fayetteville Code.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO 5940
This agenda item was added at the December 20,2016 City Council meeting.
A. Consent:
1. Approval of the December 6, 2016 City Council Meeting Minutes.
Approved
2. FAYETTEVILLE FIRE DEPARTMENT DONATION REVENUE: A resolution to
approve a budget adjustment in the amount of$100.00 representing donation revenue
from Newk's Eatery to the Fayetteville Fire Department for the Annual Employee
Service Awards Event.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 219-16
3. 2016 BODY WORN Camera Implementation Program Grant Award: A resolution
to authorize acceptance of a 2016 Body-Worn Camera Pilot Implementation Program
50150 matching grant award in the total amount of$186,496.00, of which $67,680.00
will be used by the Fayetteville Police Department, with $73,696.00 to be disbursed to
the City of Springdale and $45,120.00 to Washington County, and to approve a budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 220-16
4. 2016 INTERNET CRIMES AGAINST CHILDREN (ICAC) GRANT AWARD: A
resolution to authorize acceptance of a non-matching grant from the Internet Crimes
Against Children Task Force Program in the amount of $10,000.00, and to approve a
budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 221-16
5. FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES: A resolution to
approve a budget adjustment in the total amount of $63,682.00 recognizing revenue
associated with federal and state law enforcement forfeitures.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 222-16
6. 2017 JAIL SERVICES AMENDED INTERLOCAL AGREEMENT: A resolution to
approve the eighth amended interlocal agreement for jail services with Washington
County,Arkansas increasing the booking fee from $60.00 to $62.00 per prisoner in 2017.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 223-16
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
7. FAYETTEVILLE POLICE DEPARTMENT DONATION REVENUE: A resolution
to approve a budget adjustment in the total amount of$2,515.00 recognizing donation
revenue to the Fayetteville Police Department in support of officer recognition.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 224-16
8. DESIGNATION OF COLLECTOR OF FINES ASSESSED IN THE
WASHINGTON COUNTY DISTRICT COURT: A resolution to designate the
Washington County District Court, Fayetteville Department Clerk to be primarily
responsible for the collection of fines assessed in this court.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 225-16
9. BID 16-50 PIANALTO CONSTRUCTION: A resolution to award Bid No. 16-50 and
authorize a contract with Pianalto Construction, Inc. of Tontitown,Arkansas in the amount
of$156,937.00 for construction of the Transportation Salt Storage Facility, and to approve
a project contingency in the amount of$30,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 226-16
10. ANIMAL SERVICES DONATION REVENUE: A resolution to approve a budget
adjustment in the amount of$27,167.00 representing donation revenue to Animal Services
from April through October 2016.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 227-16
11. HOGWASH CARWASH,LLC: A resolution to approve a 50150 cost share agreement
with Hogwash Carwash, LLC for construction of a sewer main along a portion of East
Huntsville Road between South Erika Avenue and South Seven Hills Drive at a total cost
of$8,232.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 228-16
12. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC
AMENDMENT NO. 5: A resolution to approve Amendment No. 5 to the contract with
Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $20,000.00 for
additional legal services related to the White River Water Quality Standards Petition to
the Arkansas Pollution Control and Ecology Commission, and to approve a budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 229-16
13. CITY HALL AUDIO-VISUAL RENOVATION: A resolution to approve a budget
adjustment in the amount of$5,921.00 consolidating three project accounts related to the
City Hall Audio-Visual Renovation Project and to approve a change order for accounting
purposes.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 230-16
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
14. BID NO. 16-63 T-N-T, INC.: A resolution to award Bid No. 16-63 and authorize a
contract with T-N-T, Inc. of Van Buren, Arkansas in the amount of $97,560.00 for
construction of an access drive,curb and gutter, and parking improvements at Wilson Park,
and to approve a project contingency in the amount of$9,756.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 231-16
15. PPL 16-5641 (SE OF PERSIMMON & BROYLES/SLOANBROOKE SD, PH. II): A
resolution to approve a master street plan amendment to remove a portion of an unnamed,
unbuilt proposed collector street from Persimmon Avenue to Holland Drive.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-16
16. COMPENSATION FOR ELECTED OFFICIALS: A resolution to allow the city
attorney as all other city employees who have attained their top salary range to receive a
one-time service award.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 233-16
B. Unfinished Business:
1. APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES: A resolution to
grant the appeal of Tim Brisiel of Legacy Ventures and to approve large scale development
16-5488 Macey Drive Townhomes.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 234-16
2. AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND § 33.351
COMPOSITION: An ordinance to amend § 33.350 purpose and establishment and §
33.351 composition of article XXIII Active Transportation Advisory Committee of the
Fayetteville City Code to expand the scope of the committee's duties,to recommend that
the City Council appointee should also serve on the Transportation Committee, and to
establish a time for the election of the committee chair.
AT THE DECEMBER 20, 2016 CITY COUNCIL MEETING THIS ORDINANCE
FAILED.
3. VAC 16-5582 (41 E. NORTH ST. /ANDONA PROPERTIES): An ordinance to
approve VAC 16-5582 submitted by Andrea Fournet to vacate the unbuilt Pike Street
right-of-way between Highland and Pollard Avenue.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5935
C. New Business:
1. RFP NO. 16-08 ACS PLAYGROUND ADVENTURES, INC.: A resolution to award
RFP No. 16-08 and authorize a contract with ACS Playground Adventures, Inc. in the
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
amount of$506,500.00 for the demolition and removal of old playground equipment and
installation of new playground equipment, including the David Lyle Bayyari Music
Playground, at Wilson Park, and to approve a project contingency in the amount of
$50,650.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 235-16
2. THE BELFORD GROUP:An ordinance to waive the requirements of formal competitive
bidding and approve a one(1)year contract with the Belford Group with an option to renew
for up to four (4)additional one (1) year terms to provide online recreation program
registration and pavilion reservations to residents and visitors at no cost to the city.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5936
3. STORMWATER EDUCATION AGREEMENT: An ordinance to waive the
requirements of formal competitive bidding through 2019 and approve a one-year contract
with the Northwest Arkansas Regional Planning Commission in the amount of$41,505.61
for a Storm water Education program for 2017.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5937
4. AMEND § 39.10 WATER AND WASTEWATER DAMAGE CLAIMS: An
ordinance to amend § 39.10 water and wastewater damage claims by enacting a new
subsection (4) to (B) Requirements for property damage claims to be eligible for
compensation.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5938
5. STANDING OR WALKING ON A STATE OR FEDERAL HIGHWAY
PROHIBITED:An ordinance to repeal§ 74.04 hitchhiking prohibited and enacting a new
§ 74.04 standing or walking on a state or federal highway prohibited and to amend § 74.05
of The Fayetteville Code to clarify permit requirements for organizations and individuals
who wish to walk or stand within a principal arterial roadway.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5939
City Council Agenda Session Presentations
City Council Tour
Announcements
Adjournment: 7:50 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
City Council Meeting: December 20,2016 Adjourn:
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Subject: APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES
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Subject: RFP NO. 16-08 ACS PLAYGROUND ADVENTURES, INC.
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DEPARTMENTAL 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 .
(___0
DATE: December 21,2016
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at
the City Council meeting of December 20,2016
1. A resolution to approve a budget adjustment in the amount of$100.00 representing donation
revenue from Newk's Eatery to the Fayetteville Fire Department for the annual Employee Service
Awards event.
2. A resolution to authorize acceptance of a 2016 Body-Worn Camera Pilot Implementation
Program 50150 matching grant award in the total amount of$186,496.00,of which$67,680.00 will
be used by the Fayetteville Police Department, with $73,696.00 to be disbursed to the City of
Springdale and $45,120.00 to Washington County, and to approve a budget adjustment.
3. A resolution to authorize acceptance of a non-matching grant from the Internet Crimes Against
Children Task Force Program in the amount of$10,000.00, and to approve a budget adjustment.
4. A resolution to approve a budget adjustment in the total amount of $63,682.00 recognizing
revenue associated with federal and state law enforcement forfeitures.
5. A resolution to approve the Eighth Amended Interlocal Agreement for jail services with
Washington County, Arkansas increasing the booking fee from $60.00 to $62.00 per prisoner in
2017.
6. A resolution to approve a budget adjustment in the total amount of $2,515.00 recognizing
donation revenue to the Fayetteville Police Department in support of officer recognition.
7. A resolution to designate the Washington County District Court, Fayetteville Department Clerk
to be primarily responsible for the collection of fines assessed in this court.
8. A resolution to award Bid No. 16-50 and authorize a contract with Pianalto Construction, Inc.
of Tontitown, Arkansas in the amount of$156,937.00 for construction of the Transportation Salt
Storage Facility, and to approve a project contingency in the amount of$30,000.00.
9. A resolution to approve a budget adjustment in the amount of$27,167.00 representing donation
revenue to Animal Services from April through October 2016.
10. A resolution to approve a 50150 cost share agreement with Hogwash Carwash, LLC for
construction of a sewer main along a portion of East Huntsville Road between South Erika Avenue
and South Seven Hills Drive at a total cost of$8,232.00.
11.A resolution to approve Amendment No. 5 to the contract with Mitchell,Williams,Selig,Gates
&Woodyard, PLLC in the amount of$20,000.00 for additional legal services related to the White
River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology
Commission, and to approve a budget adjustment.
12. A resolution to approve a budget adjustment in the amount of$5,921.00 consolidating three
project accounts related to the City Hall Audio-Visual Renovation Project and to approve a change
order for accounting purposes.
13. A resolution to award Bid No. 16-63 and authorize a contract with T-N-T, Inc. of Van Buren,
Arkansas in the amount of$97,560.00 for construction of an access drive, curb and gutter, and
parking improvements at Wilson Park, and to approve a project contingency in the amount of
$9,756.00.
14. A resolution to approve a Master Street Plan amendment to remove a portion of an unnamed,
unbuilt proposed collector street from Persimmon Street South approximately one-half mile as
shown on Exhibit A of the Planning Department's memo.
15. A resolution to allow the City Attorney as all other city employees who have attained their top
salary range to receive a one time Service Award.
16. A resolution to grant the appeal of Tim Brisiel of Legacy Ventures and to approve Large Scale
Development 16-5488 Macey Drive Townhomes.
17. An ordinance to approve VAC 16-5582 submitted by Andrea Fournet to vacate the unbuilt
Pike Street right-of-way between Highland and Pollard Avenue.
18.A resolution to award RFP no. 16-08 and authorize a contract with Acs Playground Adventures,
Inc. in the amount of$506,500.00 for the demolition and removal of old playground equipment
and installation of new playground equipment, including the David Lyle Bayyari Music
Playground, at Wilson Park, and to approve a project contingency in the amount of$50,650.00.
19. An ordinance to waive the requirements of formal competitive bidding and approve a one (1)
year contract with the Belford Group with an option to renew for up to four(4) additional one (1)
year terms to provide online recreation program registration and pavilion reservations to residents
and visitors at no cost to the City.
2
20. An ordinance to waive the requirements of formal competitive bidding through 2019 and
approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the
amount of$41,505.61 for a Stormwater Education Program for 2017.
21. An ordinance to amend § 3 9.10 Water and Wastewater Damage Claims by enacting a new
subsection(4)to (B)Requirements for Property Damage Claims to be Eligible for Compensation.
22. An ordinance to repeal § 74.04 Hitchhiking Prohibited and enacting a new § 74.04 Standing
or Walking on a State or Federal Highway Prohibited and to amend § 74.05 of the Fayetteville
Code to clarify permit requirements for organizations and individuals who wish to walk or stand
within a principal arterial roadway.
23. A resolution to express the City Council's support for the Seven Hills Mission to assist the
Fayetteville homeless population and to request our citizens to honor this season of giving with a
generous contribution to Seven Hills.
24. An Ordinance to repeal § 97.083 Soliciting Alms and to amend § 97.086 Vending and
Peddling (A) of the Fayetteville Code.
3
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Final Agenda
Tuesday, December 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 December 20, 2016
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
1. 2016-0565
ALDERMAN MARTIN W. SCHOPPMEYER JR.RECOGNITION
City Council Meeting Presentations,Reports and Discussion Items:
Agenda Additions:
A. Consent:
A. 1 2015-0661
APPROVAL OF THE DECEMBER 6,2016 CITY COUNCIL MEETING MINUTES.
A. 2 2016-0621
FAYETTEVILLE FIRE DEPARTMENT DONATION REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$100.00 REPRESENTING DONATION REVENUE FROM NEWK'S EATERY TO THE
FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL EMPLOYEE SERVICE
AWARDS EVENT
Attachments: FAYETTEVILLE FIRE DEPARTMENT DONATION REVENUE
BA FAYETTEVILLE FIRE DEPARTMENT DONATION REVENUE
City of Fayetteville,Arkansas Page 2 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
A. 3 2016-0528
2016 BODY WORN CAMERA IMPLEMENTATION PROGRAM GRANT AWARD:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2016 BODY-WORN CAMERA
PILOT IMPLEMENTATION PROGRAM 50150 MATCHING GRANT AWARD IN THE
TOTAL AMOUNT OF $186,496.00, OF WHICH $67,680.00 WILL BE USED BY THE
FAYETTEVILLE POLICE DEPARTMENT, WITH $73,696.00 TO BE DISBURSED TO
THE CITY OF SPRINGDALE AND $45,120.00 TO WASHINGTON COUNTY, AND TO
APPROVE A BUDGET ADJUSTMENT
Attachments: 2016 BODY WORN CAMERA IMPLEMENTATION PROGRAM GRANT AWARD
BA 2016 BODY WORN CAMERA IMPLEMENTATION PROGRAM GRANT AWARD
A. 4 2016-0611
2016 INTERNET CRIMES AGAINST CHILDREN(ICAC)GRANT AWARD:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A NON-MATCHING GRANT
FROM THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM IN
THE AMOUNT OF$10,000.00,AND TO APPROVE A BUDGET ADJUSTMENT
Attachments: 2016 INTERNET CRIMES AGAINST CHILDREN(ICAC)GRANT AWARD
BA 2016 INTERNET CRIMES AGAINST CHILDREN(ICAC)GRANT AWARD
A. 5 2016-0612
FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT
OF $63,682.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE
LAW ENFORCEMENT FORFEITURES
Attachments: FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES
BA FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES
A. 6 2016-0632
2017 JAIL SERVICES AMENDED INTERLOCAL AGREEMENT:
A RESOLUTION TO APPROVE THE EIGHTH AMENDED INTERLOCAL
AGREEMENT FOR JAIL SERVICES WITH WASHINGTON COUNTY, ARKANSAS
INCREASING THE BOOKING FEE FROM$60.00 TO$62.00 PER PRISONER IN 2017
Attachments: 2017 JAIL SERVICES AMENDED INTERLOCAL AGREEMENT
City of Fayetteville,Arkansas Page 3 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
A. 7 2016-0618
FAYETTEVILLE POLICE DEPARTMENT DONATION REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT
OF $2,515.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE
POLICE DEPARTMENT IN SUPPORT OF OFFICER RECOGNITION
Attachments: FAYETTEVILLE POLICE DEPARTMENT DONATION REVENUE
BA FAYETTEVILLE POLICE DEPARTMENT DONATION REVENUE
A. 8 2016-0619
DESIGNATION OF COLLECTOR OF FINES ASSESSED IN THE WASHINGTON COUNTY
DISTRICT COURT:
A RESOLUTION TO DESIGNATE THE WASHINGTON COUNTY DISTRICT COURT,
FAYETTEVILLE DEPARTMENT CLERK TO BE PRIMARILY RESPONSIBLE FOR THE
COLLECTION OF FINES ASSESSED IN THIS COURT
Attachments: DESIGNATION OF COLLECTOR OF FINES ASSESSED IN THE WASHINGTON COUNTY
DISTRICT COURT
City Attorney Memo District Court Fines
A. 9 2016-0537
BID 16-50 PIANALTO CONSTRUCTION:
A RESOLUTION TO AWARD BID NO. 16-50 AND AUTHORIZE A CONTRACT WITH
PIANALTO CONSTRUCTION, INC. OF TONTITOWN, ARKANSAS IN THE AMOUNT
OF $156,937.00 FOR CONSTRUCTION OF THE TRANSPORTATION SALT STORAGE
FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$30,000.00
Attachments: BID 16-50 PIANALTO CONSTRUCTION
A. 10 2016-0608
ANIMAL SERVICES DONATION REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$27,167.00 REPRESENTING DONATION REVENUE TO ANIMAL SERVICES FROM
APRIL THROUGH OCTOBER 2016
Attachments: ANIMAL SERVICES DONATION REVENUE
BA ANIMAL SERVICES DONATION REVENUE
City of Fayetteville,Arkansas Page 4 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
A. 11 2016-0624
HOGWASH CARWASH,LLC:
A RESOLUTION TO APPROVE A 50150 COST SHARE AGREEMENT WITH
HOGWASH CARWASH, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG A
PORTION OF EAST HUNTSVILLE ROAD BETWEEN SOUTH ERIKA AVENUE AND
SOUTH SEVEN HILLS DRIVE AT A TOTAL COST OF$8,232.00
Attachments: HOGWASH CARWASH,LLC
A. 12 2016-0626
MITCHELL,WILLIAMS,SELIG,GATES&WOODYARD,PLLC AMENDMENT NO.5:
A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE CONTRACT WITH
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF
$20,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER
WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION
CONTROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: MITCHELL WILLIAMS SELIG GATES&WOODYARD PLLC AMENDMENT NO.5
BA MITCHELL WILLIAMS SELIG GATES&WOODYARD PLLC AMENDMENT NO.5
A. 13 2016-0551
CITY HALL AUDIO-VISUAL RENOVATION:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$5,921.00 CONSOLIDATING THREE PROJECT ACCOUNTS RELATED TO THE CITY
HALL AUDIO-VISUAL RENOVATION PROJECT AND TO APPROVE A CHANGE
ORDER FOR ACCOUNTING PURPOSES
Attachments: CITY HALL AUDIO-VISUAL RENOVATION
BA BUDGET ADJUSTMENT FORM LEGISTAR 3 SMC2
City of Fayetteville,Arkansas Page 5 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
A. 14 2016-0628
BID NO. 16-63 T-N-T,INC.:
A RESOLUTION TO AWARD BID NO. 16-63 AND AUTHORIZE A CONTRACT WITH
T-N-T, INC. OF VAN BUREN, ARKANSAS IN THE AMOUNT OF $97,560.00 FOR
CONSTRUCTION OF AN ACCESS DRIVE, CURB AND GUTTER, AND PARKING
IMPROVEMENTS AT WILSON PARK, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $9,756.00
Attachments: BID NO. 16-63 T-N-T,INC.
A. 15 2016-0617
PPL 16-5641 (SE OF PERSIMMON&BROYLES/SLOANBROOKE SD,PH.11):
A RESOLUTION TO APPROVE A MASTER STREET PLAN AMENDMENT TO
REMOVE A PORTION OF AN UNNAMED, UNBUILT PROPOSED COLLECTOR
STREET FROM PERSIMMON AVENUE TO HOLLAND DRIVE
Attachments: PPL 16-5641(SE OF PERSIMMON&BROYLES/SLOANBROOKE SD,PH,II)
A. 16 2016-0610
COMPENSATION FOR ELECTED OFFICIALS:
A RESOLUTION TO ALLOW THE CITY ATTORNEY AS ALL OTHER CITY
EMPLOYEES WHO HAVE ATTAINED THEIR TOP SALARY RANGE TO RECEIVE A
ONE TIME SERVICE AWARD
Attachments: COMPENSATION FOR ELECTED OFFICIALS
B. Unfinished Business:
B. 1 2016-0445
APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES:
A RESOLUTION TO GRANT THE APPEAL OF TIM BRISIEL OF LEGACY VENTURES
AND TO APPROVE LARGE SCALE DEVELOPMENT 16-5488 MACEY DRIVE
TOWNHOMES
Attachments: APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES
City of Fayetteville,Arkansas Page 6 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
At the October 18, 2016 City Council Meeting this resolution was tables to November 1, 2016 At the
November 1, 2016 City Council Meeting this resolution was tabled to November 15, 2016 At the
November 15, 2016 City Council Meeting this resolution was tabled to December 6, 2016 At the
December 6, 2016 City Council Meeting this resolution was tabled to December 20, 2016.
B. 2 2016-0520
AMEND §33.350 PURPOSE AND ESTABLISHMENT AND §33.351 COMPOSITION:
AN ORDINANCE TO AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND §
33.351 COMPOSITION OF ARTICLE XXIII ACTIVE TRANSPORTATION
ADVISORY COMMITTEE OF THE FAYETTEVILLE CITY CODE TO EXPAND THE
SCOPE OF THE COMMITTEE'S DUTIES, TO RECOMMEND THAT THE CITY
COUNCIL APPOINTEE SHOULD ALSO SERVE ON THE TRANSPORTATION
COMMITTEE, AND TO ESTABLISH A TIME FOR THE ELECTION OF THE
COMMITTEE CHAIR
(LEFT ON THE SECOND READING)
Attachments: AMEND§33.350 PURPOSE AND ESTABLISHMENT AND§33.351 COMPOSITION
ADDITIONAL_AMEND§33.350 PURPOSE AND ESTABLISHMENT AND§33.351
COMPOSITION
At the December 6, 2016 City Council Meeting this ordinance was left on the second reading. At the
November 15, 2016 City Council Meeting this ordinance was left on the first reading.
B. 3 2016-0525
VAC 16-5582 (41 E.NORTH ST./ANDONA PROPERTIES):
AN ORDINANCE TO APPROVE VAC 16-5582 SUBMITTED BY ANDREA FOURNET
TO VACATE THE UNBUILT PIKE STREET RIGHT-OF-WAY BETWEEN HIGHLAND
AND POLLARD AVENUE
(LEFT ON FIRST READING)
Attachments: VAC 16-5582(41 E.NORTH STJANDONA PROPERTIES)
ADDITIONAL: VAC 16-5582(41 E.NORTH STJANDONA PROPERTIES)
At the December 6, 2016 City Council Meeting this ordinance was left on first reading.
C. New Business:
City of Fayetteville,Arkansas Page 7 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
C. 1 2016-0630
RFP NO. 16-08 ACS PLAYGROUND ADVENTURES,INC.:
A RESOLUTION TO AWARD RFP NO. 16-08 AND AUTHORIZE A CONTRACT WITH
ACS PLAYGROUND ADVENTURES, INC. IN THE AMOUNT OF $506,500.00 FOR THE
DEMOLITION AND REMOVAL OF OLD PLAYGROUND EQUIPMENT AND
INSTALLATION OF NEW PLAYGROUND EQUIPMENT, INCLUDING THE DAVID
LYLE BAYYARI MUSIC PLAYGROUND, AT WILSON PARK, AND TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF$50,650.00
Attachments: RFP NO. 16-08 ACS PLAYGROUND ADVENTURES,INC.
C. 2 2016-0604
THE BELFORD GROUP:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A ONE (1) YEAR CONTRACT WITH THE BELFORD
GROUP WITH AN OPTION TO RENEW FOR UP TO FOUR (4)ADDITIONAL ONE (1)
YEAR TERMS TO PROVIDE ONLINE RECREATION PROGRAM REGISTRATION
AND PAVILION RESERVATIONS TO RESIDENTS AND VISITORS AT NO COST TO
THE CITY
Attachments: THE BELFORD GROUP
C. 3 2016-0613
STORMWATER EDUCATION AGREEMENT:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING THROUGH 2019 AND APPROVE A ONE-YEAR CONTRACT WITH THE
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT
OF$41,505.61 FOR A STORMWATER EDUCATION PROGRAM FOR 2017
Attachments: STORMWATER EDUCATION AGREEMENT
City of Fayetteville,Arkansas Page 8 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
C. 4 2016-0635
AMEND §39.10 WATER AND WASTEWATER DAMAGE CLAIMS:
AN ORDINANCE TO AMEND § 39.10 WATER AND WASTEWATER DAMAGE
CLAIMS BY ENACTING A NEW SUBSECTION (4) TO (B) REQUIREMENTS FOR
PR OPER TY DAMA GE CLAIMS TO BE ELIGIBLE FOR COMPENSATION
Attachments: AMEND§39.10 WATER AND WASTEWATER DAMAGE CLAIMS
C. 5 2016-0609
STANDING OR WALKING ON A STATE OR FEDERAL HIGHWAY PROHIBITED:
AN ORDINANCE TO REPEAL § 74.04 HITCHHIKING PROHIBITED AND
ENACTING A NEW § 74.04 STANDING OR WALKING ON A STATE OR FEDERAL
HIGHWAY PROHIBITED AND TO AMEND § 74.05 OF THE FAYETTEVILLE CODE
TO CLARIFY PERMIT REQUIREMENTS FOR ORGANIZATIONS AND INDIVIDUALS
WHO WISH TO WALK OR STAND WITHIN A PRINCIPAL ARTERIAL ROADWAY
Attachments: STANDING OR WALKING ON A STATE OR FEDERAL HIGHWAY PROHIBITEI
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. Announcements:
G. Adjournment
City of Fayetteville,Arkansas Page 9 Printed on 1211412016
City Council Meeting Meeting Agenda-Final Agenda December 20, 2016
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may appear and address the City Council on Unfinished Business, New Business, and
Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please
wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or
Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to
the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or
others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being
considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an
agenda item.
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. City staff, City Council members, and applicants may use electronic
visual aids in the City Council meeting as part of the presentation of the agenda item.
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. A simple majority of the City Council members, present and voting,
may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present
an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be
allowed; however, 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's 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 10 Printed on 1211412016
M
6 -
u
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
TO: Mayor Jordan
City Council
CC: Matt Mihalevich, Trails Coordinator
FROM: Slake Pennington, Assistant City Attorney --
DATE: December 8, 2016
RE: Active Transportation Advisory Committee Ordinance
The ordinance sponsored by Alderwoman Marsh to amend §§ 33.350 and
33.351 of the City Code, which govern the Active Transportation Advisory
Committee, will be on the third reading at your December 20 meeting. The
Active Transportation Advisory Committee met yesterday evening and,
with Alderwoman Marsh's support, has recommended a change to the
proposed § 33.350(C). A copy of the ordinance with the committee's
recommended language highlighted is attached for your review. If you
wish to adopt the revised language, it will require a motion to amend the
ordinance.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND § 33.351
COMPOSITION OF ARTICLE XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE
OF THE FAYETTEVILLE CITY CODE TO EXPAND THE SCOPE OF THE COMMITTEE'S
DUTIES,TO RECOMMEND THAT THE CITY COUNCIL APPOINTEE SHOULD ALSO SERVE ON
THE TRANSPORTATION COMMITTEE, AND TO ESTABLISH A TIME FOR THE ELECTION OF
THE COMMITTEE CHAIR
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.350 Purpose
and Establishment of Article XXIII Active Transportation Advisory Committee and enacts a new §
33.350 as follows:
"There is hereby established (as a continuance of the former Sidewalk and Trails Advisory Board) the
Active Transportation Advisory Committee. This committee shall make recommendations to the
Transportation Committee on active transportation projects and issues that may arise, including but not
limited to:
(A) Yearly trail, sidewalk, and paving overlay construction program plans. Review of overlay plan
will be focused on incorporation of active transportation facilities.
(B) 5-year trail construction prioritization plan.
(C) Major sidewalk projects,trails and the active transportation component of the projects where major
changes to existing street cross sections are planned. The review will be at the preliminary stage and will
include typical cross sections and preliminary horizontal and vertical alignments.
(D) Changes, additions,or deletions to the Active Transportation Plan and the Sidewalk Master Plans."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.351
Composition of Article XXIII Active Transportation Advisory Committee by repealing the first
sentence after the heading and subsection(A) and replacing them with the following:
"The Active Transportation Advisory Committee shall be comprised of eight (8) voting members, and
seven (7) non-voting staff/support members, as listed below. The members shall elect a Chair at its first
annual meeting.
(A) One (1) voting members of the committee shall be a member of the City Council. It is
recommended that this person also serve on the Transportation Committee;"
PASSED and APPROVED this 20th day of December, 2016.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer
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