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HomeMy WebLinkAbout2016-11-29 - Agendas - Tentative City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e 0\_ 0 e�. Y u Meeting Agenda - Tentative Agenda Tuesday, November 29, 2016 4:30 PM City Hall Room 326 City Council Agenda Session 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 Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements,Proclamations and Recognitions City Council Meeting Presentations,Reports and Discussion Items: 1. 2016-0550 MAYOR CONFIRMATION OF THE PUBLIC FACILITIES BOARD APPOINTMENT Attachments: MAYOR CONFIRMATION OF THE PUBLIC FACILITIES BOARD APPOINTMEN 2. 2016-0531 REPORT OF OPERATING RESULTS FOR THE 3RD QUARTER 2016-PAUL BECKER Agenda Additions A. Consent: A. 1 2015-0660 APPROVAL OF THE NOVEMBER 15,2016 CITY COUNCIL MEETING MINUTES. A. 2 2016-0530 COMMUNITY RESOURCES DEPARTMENT DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $33,355.00 REPRESENTING DONATIONS TO RANGER'S PANTRY AND THE SENIOR GIVING TREE AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED FROM FOUR HOUSING LIEN PAYOFFS Attachments: COMMUNITY RESOURCES DEPARTMENT DONATIONS BA COMMUNITY RESOURCES DEPARTMENT DONATIONS City of Fayetteville,Arkansas Page 2 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda A. 3 2016-0536 FIRE STATION NO. 5 ICE MACHINE PURCHASE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $3,593.00 RECOGNIZING REVENUE FROM THE SALE OF USED GENERATORS ON GOVDEALS.COM AND INCREASING THE RELATED EXPENSE BUDGET FOR THE PURCHASE OF AN ICE MACHINE FOR FIRE STATION NO. 5 Attachments: FIRE STATION NO.5 ICE MACHINE PURCHASE BA FIRE STATION NO.5 ICE MACHINE PURCHASE A. 4 2016-0532 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT MUD CREEK TRAIL: A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE ACCEPTANCE OF AN 80/20 ARKANSAS TRANSPORTATION ALTERNATIVES PROGRAM FEDERAL-AID GRANT IN THE AMOUNT OF $500,000.00 FOR THE INSTALLATION OF LIGHTING ALONG MUD CREEK TRAIL AND PORTIONS OF THE RAZORBACK REGIONAL GREENWAY, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: AHTD MUD CREEK TRAIL BA AHTD MUD CREEK TRAIL A. 5 2016-0533 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT MAPLE STREET TO FRISCO AVENUE: A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE ACCEPTANCE OF AN 80/20 ARKANSAS RECREATIONAL TRAILS PROGRAM GRANT IN THE AMOUNT OF $56,000.00 FOR THE REPAIR OF A DAMAGED SECTION OF THE RAZORBACK REGIONAL GREENWAY FROM MAPLE STREET TO FRISCO AVENUE,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: AHTD MAPLE STREET TO FRISCO AVENUE BA AHTD MAPLE STREET TO FRISCO AVENUE City of Fayetteville,Arkansas Page 3 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda A. 6 2016-0547 2017 T-HANGAR LEASE AGREEMENTS: A RESOLUTION TO APPROVE T-HANGAR LEASE AGREEMENTS IN 2017 AT THE CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T-HANGARS RENTED AT THE FAYETTEVILLE EXECUTIVE AIRPORT Attachments: 2017 T-HANGAR LEASE AGREEMENTS A. 7 2016-0553 KANSAS E3,LLC: A RESOLUTION TO APPROVE AN AGREEMENT WITH KANSAS E3, LLC FOR THE HAULING AND RECYCLING OF SOLID WASTE GENERATED FROM CONSTRUCTION AND DEMOLITION ACTIVITIES IN THE CITY OF FAYETTEVILLE Attachments: KANSAS E3,LLC A. 8 2016-0556 GROUND-CHERRY CREEK: A RESOLUTION TO NAME THE UNNAMED TRIBUTARY ON THE SOUTH SIDE OF KESSLER MOUNTAIN REGIONAL PARK"GROUND-CHERRY CREEK" Attachments: GROUND-CHERRY CREEK A. 9 2016-0540 RFP NO. 16-07 LAKE SEQUOYAH MARINA OPERATOR CONTRACT: A RESOLUTION TO AWARD RFP NO. 16-07 AND APPROVE THE LAKE SEQUOYAH MARINA OPERATOR CONTRACT WITH MICHAEL MCBRIDE IN THE AMOUNT OF $22,800.00 FOR SERVICES IN 2017, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS CONTINGENT UPON ANNUAL BUDGET APPROVAL Attachments: RFP NO. 16-07 LAKE SEOUOYAH MARINA OPERATOR CONTRACT City of Fayetteville,Arkansas Page 4 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda A. 10 2016-0545 AMENDED RESTATED ARTICLES OF INCORPORATION OF THE WALTON ARTS CENTER FOUNDATION,INC.: A RESOLUTION TO APPROVE THE AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WALTON ARTS CENTER FOUNDATION, INC. AND TO AUTHORIZE MAYOR JORDAN'S SIGNATURE THEREON Attachments: AMENDED RESTATED ARTICLES OF INCORPORATION OF THE WALTON AR A. 11 2016-0605 CITY AND COMMUNITY ACCESS TELEVISION,INC.D/B/A YOUR MEDIA: A RESOLUTION TO APPROVE A RENEWAL OF THE CONTRACT WITH COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA IN THE AMOUNT OF $157,520.04 FOR THE PROVISION OF PUBLIC ACCESS TELEVISION SERVICES AND THE OPERATION OF THE PUBLIC ACCESS TELEVISION CHANNEL THROUGH 2017, CONTINGENT ON APPROVAL OF THE 2017 ANNUAL CITY BUDGET Attachments: CITY AND COMMUNITY ACCESS TELEVISION,INC.DB/A YOUR MEDIA B. Unfinished Business: B. 1 2016-0432 RZN 16-5550(2155 N.RUPPLE RD./HAZEN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5550 FOR APPROXIMATELY 70 ACRES LOCATED EAST AND WEST OF RUPPLE ROAD AND SOUTH OF MOUNT COMFORT ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND R-A,RESIDENTIAL AGRICULTURAL (LEFT ON THE THIRD READING AND TABLED) Attachments: RZN 16-5550(2155 N.RUPPLE RD./HAZEN) ADDITIONAL RZN 16-5550(2155 N.RUPPLE RD.HAZEN) City of Fayetteville,Arkansas Page 5 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda At the October 4, 2016 City Council Meeting this ordinance was left on the first reading.At the October 18, 2016 City Council Meeting this ordinance was left on the second reading.At the November 1, 2016 City Council Meeting this ordinance was tabled to November 15, 2016 At the November 15, 2016 City Council Meeting this ordinance was left on the third reading and tabled to December 6, 2016 B. 2 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 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 B. 3 2016-0488 UARK CREDIT UNION REZONING APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5589 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 714 WEST MARTIN LUTHER KING BOULEVARD AND 511 HILL AVENUE FROM RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO C-1, NEIGHBORHOOD COMMERCIAL (LEFT ON THE SECOND READING) Attachments: UARK CREDIT UNION REZONING APPEAL At the November 1, 2016 City Council Meeting this ordinance was left on the first reading. At the November 15, 2016 City Council Meeting this ordinance was left on the second reading. City of Fayetteville,Arkansas Page 6 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda B. 4 2016-0490 WG LAND COMPANY APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5590 FOR APPROXIMATELY 23 ACRES LOCATED NORTHEAST OF MCGUIRE STREET AND VAN ASCHE DRIVE FROM C-2, THOROUGHFARE COMMERCIAL AND C-3, CENTRAL COMMERCIAL TO C-3, CENTRAL COMMERCIAL (LEFT ON THE SECOND READING) Attachments: WG LAND COMPANY APPEAL At the November 1, 2016 City Council Meeting this ordinance was left on the first reading. At the November 15, 2016 City Council Meeting this ordinance was left on the second reading. B. 5 2016-0521 RZN 16-5609(1764 N. STARR RD./HAYS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5609 FOR APPROXIMATELY 26.83 ACRES LOCATED AT 1764 NORTH STARR ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE TO RSF-4,RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE (LEFT ON THE FIRST READING) Attachments: RZN 16-5609(1764 N. STARR RDJHAYS) At the November 15, 2016 City Council Meeting this ordinance was left on the first reading. B. 6 2016-0517 RZN 16-5633 (2350 W.WEDINGTON DR./UPTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5633 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 2350 WEST WEDINGTON DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS,NEIGHBORHOOD SERVICES (LEFT ON THE FIRST READING) Attachments: RZN 16-5633(2350 W.WEDINGTON DRJUPTON) At the November 15, 2016 City Council Meeting this ordinance was left on the first reading. City of Fayetteville,Arkansas Page 7 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda B. 7 2016-0523 RZN 16-5598(1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5598 FOR APPROXIMATELY 3.74 ACRES LOCATED AT 1777 SOUTH SMOKEHOUSE TRAIL FROM R-A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE (LEFT ON THE FIRST READING) Attachments: RZN 16-5598(1777 S.SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOU5 At the November 15, 2016 City Council Meeting this ordinance was left on the first reading. B. 8 2016-0508 AMEND §31.18 DISTRICT JUDGE COMPENSATION: AN ORDINANCE TO AMEND § 31.18 DISTRICT JUDGE COMPENSATION BECAUSE THE DISTRICT JUDGE OF WASHINGTON COUNTY DISTRICT COURT, FAYETTEVILLE DEPARTMENT WILL ON JANUARY 1, 2017 BECOME A FULL TIME STATE EMPLOYEE (LEFT ON THE FIRST READING) Attachments: AMEND§31.18 DISTRICT JUDGE COMPENSATION At the November 15, 2016 City Council Meeting this ordinance was left on the first reading. City of Fayetteville,Arkansas Page 8 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda B. 9 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 FIRST READING) Attachments: AMEND§33.350 PURPOSE AND ESTABLISHMENT AND§33.351 COMPOSITIC At the November 15, 2016 City Council Meeting this ordinance was left on the first reading. C. New Business: C. 1 2016-0522 FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS: A RESOLUTION TO APPROVE THE RENEWAL OF FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE TOTAL AMOUNT OF $380,278.00 FOR THE CITY TO ADMINISTER PROGRAMS TO ASSIST HOMELESS FAYETTEVILLE RESIDENTS,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS BA FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS City of Fayetteville,Arkansas Page 9 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda C. 2 2016-0541 FAYETTEVILLE YOUTH CENTER,INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF FAYETTEVILLE FOR 2017 CONTINGENT UPON APPROVAL OF THE 2017 CITY BUDGET Attachments: FAYETTEVILLE YOUTH CENTER,INC. C. 3 2016-0549 AREA AGENCY ON AGING OF NORTHWEST ARKANSAS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $98,887.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2017, CONTINGENT ON APPROVAL OF THE 2017 ANNUAL CITY BUDGET AND WORK PROGRAM Attachments: AREA AGENCY ON AGING OF NORTHWEST ARKANSAS C. 4 2016-0558 THE FIELD SHOP,INC.CHANGE ORDER AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CHANGE ORDER TO THE CONTRACT WITH THE FIELD SHOP, INC. OF LITTLE ROCK TO EXPAND THE SCOPE OF SERVICES TO INCLUDE THE PURCHASE AND INSTALLATION OF A VIDEO PRODUCTION DIGITAL SERVER AND ARCHIVE SYSTEM AND RELOCATION OF THE RECORDING TRANSFER STATION AT THE TELEVISION CENTER Attachments: THE FIELD SHOP,INC. City of Fayetteville,Arkansas Page 10 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda C. 5 2016-0506 SOLID WASTE REDUCTION,DIVERSION AND RECYCLING MASTER PLAN: A RESOLUTION TO ADOPT THE SOLID WASTE REDUCTION, DIVERSION AND RECYCLING MASTER PLAN AS DEVELOPED BY KESSLER CONSULTING, INCORPORATED Attachments: SOLID WASTE REDUCTION.DIVERSION AND RECYCLING MASTER PLAN C. 6 2016-0555 RZN 16-5624(SW CORNER OF GREGG AVE.&DRAKE ST./DRAKE ST. HOLDINGS,LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5624 FOR APPROXIMATELY 8.95 ACRES LOCATED AT THE SOUTHWEST CORNER OF GREGG AVENUE AND DRAKE STREET FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO CS, COMMUNITY SERVICES Attachments: RZN 16-5624:(SW CORNER OF GREGG AVE.&DRAKE ST./DRAKE ST.HOLDI C. 7 2016-0525 VAC 16-5582 (41 E.NORTH STJANDONA 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 Attachments: VAC 16-5582(41 E.NORTH ST./ANDONA PROPERTIES) C. 8 2016-0554 2017 ANNUAL BUDGET AND WORK PROGRAM: A RESOLUTION TO ADOPT THE 2017 ANNUAL BUDGET AND WORK PROGRAM Attachments: 2017 ANNUAL BUDGET AND WORK PROGRAM D. City Council Agenda Session Presentations: City of Fayetteville,Arkansas Page 11 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda D. 1 2016-0552 AGENDA SESSION PRESENTATION- SEVEN HILLS HOMELESS CENTER PRESENTATION E. City Council Tour: F. Announcements: G. Adjournment 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. City of Fayetteville,Arkansas Page 12 Printed on 1112312016 City Council Agenda Session Meeting Agenda-Tentative November 29, 2016 Agenda 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 13 Printed on 1112312016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0550 Agenda Date: 12/6/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Report Agenda Number: 1. MAYOR CONFIRMATION OF THE PUBLIC FACILITIES BOARD APPOINTMENT City of Fayetteville,Arkansas Page 1 Printed on 11123/2016 r _ DEPARTMENTAL CORRESPONDENCE - OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant Cite Ationicy TO: Mayor Jordan Patti Mulford Paralegal CC: City Council Sondra Smith, City Clerk FROM: Kit Williams, City Attorney _ 'ter DATE: November 21, 2016 RE: Reappointment of Phillip Taylor to Fayetteville Public Facilities Board Attached please find a letter from Mr. James McCord representing the Fayetteville Public Facilities Board and a Resolution from that Board requesting that Mr. Phillip Taylor be reappointed to that Board subject to confirmation by the Fayetteville City Council. No other persons applied for the Fayetteville Public Facilities Board, and Mr. Taylor agreed to serve another term. Therefore, if Mayor Jordan appoints Mr. Taylor and this appointment is confirmed by the Fayetteville City Council, then Mr. Taylor will be reappointed. ENT 40 41 PUBLIC FAC(LITTES HOARDS 14-137-108 and controlling, GO Members are not required to be residents of the municipality or county that has created the public facilities board. (B)(i)(a) Successor members shall be nominated by a majority of Iley County Human Servs, Pub. the board and appointed by the mayor or the county,judge, sub,jec:t to es Bd., 330 Ark. 675, 956 S.W.2d confirmation by the governing body of the municipality or county for 197). staggered terms of five (5) years each, unless the ordinance pursuant, to which the public facilities board was formed provides for electing successor members by the membership of the board's service area. (b) The board shall submit a written list of three (3) successor nominees to the mayor or the county,judge at; least sixty (60) days before the expiration of the term. (c) If the board fails to submit a written list of nominees at least s board to issue bonds to finance sixty (60) days before the expiration of the term, the mayor or the. ;that had a public purpose,educa- a public purpose,and neither the county judge may appoint a successor member without a nomination the board acted with the purpose from the board. icing or inhibiting religion,Gillam (ii) In a municipality located in a metropolitan statistical area ing Univ., —F. Supp. 2d 2oog designated by the United States Census Bureau having a population 3t. LEXIS 53609' (E.D. Ark. June of one million (1,000,000) or more persons according to the most )l' recent federal decennial census, successor members shall be ap- rvs. Pub. Facilities Bd., 330 Ark. Sanders v. Bradley County Hu- pointed by a majority of the board, S,W.2d 187 (1997). (C) Each member shall serve until his or her successor is elected and qualified. rority. (D) A member is eligible to succeed himself or herself'. (4) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the.board the oath of office in which the member shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas and to discharge faithfully his or her duties in the manner provided by law. (5)(A)(i) In the event of a vacancy in the membership of the board, however caused, the mayor or the county judge shall appoint a successor member nominated by a majority of the board to serve the :onsist of five (5) members unexpired term, subject to confirmation by the governing body of the )rovide services outside the municipality or county, rhic.h it obtains power. (ii) The board shall submit a written list of three (3) nominees to applicable only to: fill the vacancy to the mayor or the county judge not later than sixty ,ulation of less than one (60) days after the vacancy occurs. to the most recent federal (iii) If the board fails to submit a written list of•nominees not later than sixty (60) days after the vacancy, the mayor or the county,judge ties having a population of may appoint a successor member without a nomination from the ►0) according to the most board. s of where located. (B) In the event of a vacancy in the membership of the board, ointed by the mayor of the however caused, in a municipality located in a metropolitan 'statisti- ofthe creating county for cal area designated by the United States Census Bureau having a population of one million(1,000,000) or more persons acaardirag to the most recent federal decennial census, the board shall appoint s_i successor member to serve the unexpired term. (6) A member of the board shall not receive compensation for his or her Services, but is entitled to reimbursement for reasonable and necessary expenses incurred in the performance of his or her duties. JAMES N. McCORD Attorney at Law The Fulbright Building 217 E. DICKSON STREET SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 jimmccordlaw@gmail.com November 14, 2016 Kit Williams VIA HAND DELIVERY City Attorney City Administration Building 113 W. Mountain Fayetteville, AR 72701 Re: Public Facilities Board Resolution Nominating Phillip Taylor for Appointment by Mayor as Successor Member, Subject to Confirmation by City Council Dear Kit: The term of Phillip Taylor on the Fayetteville Public Facilities Board (the "PFB") expires December 31, 2016. Ark. Code Ann. §14-137-108(a)(3)(B)(i)(a) states that successor members shall be nominated by a majority of the board and appointed by the mayor, subject to confirmation by the governing body of the municipality (for a term of 5 years). Enclosed is a Resolution passed by the PFB nominating Phillip Taylor to Mayor Lioneld Jordan for appointment as a successor member, subject to confirmation by the City Council. A PFB member is eligible to succeed himself. Ark. Code Ann. §14-137- 108(a)(3)(D). Please present the enclosed Resolution to Mayor Jordan. Assuming the Mayor appoints Phillip Taylor as a successor member of the PFB, please have confirmation of the appointment placed on the next City Council agenda as an item for consideration by the Council. Thank you for your assistance. Sincerely, N". L Ja es Pd. McCord PFB Counsel pc: Hon. Lioneld Jordan (via hand delivery) Sondra Smith, City Clerk (via hand delivery) PFB Members (via e-mail) FAYETTEVILLE PUBLIC FACILITIES BOARD A RESOLUTION TO NOMINATE PHILLIP TAYLOR AS A SUCCESSOR MEMBER OF THE FAYETTEVILLE PUBILIC FACILITIES BOARD WHEREAS,the term of Phillip Taylor on the Fayetteville Public Facilities Board will expire on December 31, 2016; and WHEREAS, the City of Fayetteville recently advertised for applicants to serve on the Public Facilities Board; and, WHEREAS, no applications to serve on the Public Facilities Board were received by the Fayetteville City Clerk's office; and, WHEREAS, by statute Public Facilities Board members are eligible to succeed themselves; and, WHEREAS, Phillip Taylor has agreed to serve as a successor member of the Public Facilities Board. NOW, THEREFORE, BE IT RESOLVED by the Fayetteville Public Facilities Board: Section 1. Phillip Taylor is hereby nominated to Mayor Lioneld Jordan for appointment by the Mayor as a successor member of the Public Facilities Board, subject to confirmation by the Fayetteville City Council. PASSED by majority vote with a quorum present on the 10th day of November, 2016. APPRO�'1I ihen E. Adams,Chairman ATTEST: Stephen Cosby, Sec ary City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0531 Agenda Date: 12/6/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Report Agenda Number: 2. REPORT OF OPERATING RESULTS FOR THE 3RD QUARTER 2016-PAUL BECKER City of Fayetteville,Arkansas Page 1 Printed on 11123/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2015-0660 Agenda Date: 12/6/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Minutes Agenda Number:A. 1 APPROVAL OF THE NOVEMBER 15, 2016 CITY COUNCIL MEETING MINUTES. City of Fayetteville,Arkansas Page 1 Printed on 11123/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0530 Agenda Date: 12/6/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A. 2 COMMUNITY RESOURCES DEPARTMENT DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $33,355.00 REPRESENTING DONATIONS TO RANGER'S PANTRY AND THE SENIOR GIVING TREE AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RECEIVED FROM FOUR HOUSING LIEN PAYOFFS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the total amount of $33,355.00 representing donations to Ranger's Pantry and the Senior Giving Tree and Community Development Block Grant Program income received from four housing lien payoffs. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations to Ranger's Pantry and the Senior Giving Tree. City of Fayetteville,Arkansas Page 1 Printed on 1112312016 City of Fayetteville Staff Review Form 2016-0530 Legistar File ID 12/6/2016 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Yolanda Fields 11/16/2016 Community Resources/ Development Services Department Submitted By Submitted Date Division/ Department Action Recommendation: Approval of a Budget Adjustment recognizing outreach donations in the amount of$2806 and CDBG program income totalling$30549. Budget Impact: See Below 2180- CDBG Account Number Fund See Below Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance - Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 33,355.00 Remaining Budget 33,355.00 V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: 2180.642.4945.5390.01 32003.1 $2806 2180.642.4940.5315.00 $30549 CITY OF 131 T v le CITY COUNCIL AGENDA MEMO? ARKANSAS MEETING OF DECEMBER 6, 2016 TO: Mayor and City Council THRU: Jeremy Pate, Development Services Director FROM: Yolanda Fields, Community Resources Director DATE: November 16, 2016 SUBJECT: Approval of Budget Adjustment for the Community Resources Division RECOMMENDATION: Staff recommends approval of a budget adjustment to recognize and budget donations and CDBG program income received. BACKGROUND: Community Resources would like to recognize program income from a lien payoff plan and 4 lien payoffs, as well as donations from citizens and local businesses. DISCUSSION: In July 2015, an agreement was reached with the owners of 1747 N. Oakland Ave. to pay the CDBG program $11,737.58 in installments due to the terms of the lien being violated. The payments started in July 2015, and payments from Jul 2015—May 2016 have already been recognized. Now, payments from June 2016—October 2016 need to be recognized. In addition, four lien payoffs were also received — $10,483.50 for 2300 W. Hatfield, $212.50 for 416 E. Gunter, $8,713.25 for 128 S. Hill Ave, and $8,640.00 for 1233 S. Washington. The total PI being recognized is $30,549. In 2016, donations for Ranger's Pantry were received totaling $2306.00. Also a $500 donation was received for the Senior Giving Tree. The total donations being recognized is $2806. BUDGET/STAFF IMPACT: Increase Housing Contract Services by$30,549 Increase Community Outreach Projects by$2806 Attachments: Budget Adjustment Mauling Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 COMMUNITY RESOURCES (642) 2016 Requestor: Lisa Darden BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: Approval of a Budget Adjustment recognizing donations in the amount of$2,806 and CDBG program income totalling $30,549. COUNCIL DATE: 12/6/2016 LEGISTAR FILE ID#: 2016-0530 L�"1TCWC1/Fea 11/4/2016 4:32 PM Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL 33,355 33,355 x.20161021 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub AT Account Name 2180.642.4945-4809.00 - 2,806 32003 1 RE Donations- Donations 2180.642.4945-5390.01 2,806 - 32003 1 EX CDBG Projects-Community Outreach Pro 2180.642.4945-4910.00 - 30,549 RE CDBG Program Income-CDBG Program Ir 2180.642.4940-5315.00 30,549 - EX Contract Services- C:\Program Files\Granicus\Legistar5\Packet\1 172-City Council Agenda Session_11_29_2016\0004_2_BA_COMMUNITY RESOURCES DEPARTMENT DONATIONS 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0536 Agenda Date: 12/6/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A. 3 FIRE STATION NO. 5 ICE MACHINE PURCHASE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $3,593.00 RECOGNIZING REVENUE FROM THE SALE OF USED GENERATORS ON GOVDEALS.COM AND INCREASING THE RELATED EXPENSE BUDGET FOR THE PURCHASE OF AN ICE MACHINE FOR FIRE STATION NO. 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $3,593.00 recognizing revenue from the sale of used generators on GovDeals.com and increasing the related expense budget for the purchase of an ice machine for Fire Station No. 5. City of Fayetteville,Arkansas Page 1 Printed on 1112312016 City of Fayetteville Staff Review Form 2016-0536 Legistar File ID 12/6/2016 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item David Dayringer 11/4/2016 Fire/ Fire Department Submitted By Submitted Date Division/Department Action Recommendation: Approval of a budget adjustment in the amount of$3,593.00 to recognize the sale of assets through GOVDEALS and increase related expense budget for purchase of ice machine for Station#5. Budget Impact: 1010.300.3020-5210.00 General Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget $ 32,773.00 Funds Obligated $ 29,546.82 Current Balance $ 3,226.18 Does item have a cost? Yes Item Cost $ 2,649.98 Budget Adjustment Attached? Yes Budget Adjustment $ 3,593.00 Remaining Budget $ 4,169.20 IVIUOL/ LLGId 1 VVI I IIJIULVU UUUL,.VL r-%UJUJLI I IUI ILI V20140710 Previous Ordinance or Resolution# Original Contract Number: Approval Date: Comments: CITY OF • �, , � a CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF DECEMBER 6, 2016 TO: Mayor and City Council FROM: David Dayringer, Fire Chief DATE: November 4, 2016 SUBJECT: Approval of a budget adjustment in the amount of$3,593.00 to recognize the sale of assets through GOVDEALS and increase related expense budget for purchase of ice machine for Station #5 RECOMMENDATION: Approval of a budget adjustment in the amount of$3,593.00 to recognize the sale of assets through GOVDEALS and increase related expense budget for purchase of ice machine for Station #5. DISCUSSION: The City of Fayetteville has received $3,593.00 of revenue from the sale of assets (generators) through GOVDEALS. The Fire Department will utilize the revenue to replace an ice machine at Fire Station #5. This purchase will allow for ice to be used for hydration purposes for firefighters at their station. BUDGET/STAFF IMPACT: Increase expenses to correspond with the sale of assets revenue received. Attachments: Budget Adjustment for Asset Sale Revenue Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FIRE (300) 2016 Requestor: Granville Wynn BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: Approval of a budget adjustment to recognize revenue from the sale of an asset(generators)through GOVDEALS and increase a related expense budget to allow the purchase of a new ice machine for Fire Station#5 COUNCIL DATE: 12/6/2016 LEGISTAR FILE ID#: 2016-0536 LB"I xcwGL Fe l.L 11/4/2016 11:19 AM Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL 3,593 3,593 x.20160722 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub AT Account Name 1010.001.0001-4881.02 - 3,593 RE Gain/Loss-Sale of Assets-Gain/Loss-Sal 1010.300.3020-5210.00 3,593 - EX Minor Equipment- base C:\Program Files\Granicus\Legistar5\Packet\1 172-City Council Agenda Session_11_29_2016\0005_2_BA_FIRE STATION NO.5 ICE MACHINE PURCHASE 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0532 Agenda Date: 12/6/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A. 4 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT MUD CREEK TRAIL: A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE ACCEPTANCE OF AN 80/20 ARKANSAS TRANSPORTATION ALTERNATIVES PROGRAM FEDERAL-AID GRANT IN THE AMOUNT OF $500,000.00 FOR THE INSTALLATION OF LIGHTING ALONG MUD CREEK TRAIL AND PORTIONS OF THE RAZORBACK REGIONAL GREENWAY,AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement of understanding with the Arkansas State Highway and Transportation Department for the acceptance of an 80/20 Arkansas Transportation Alternatives Program Federal-Aid Grant in the amount of $500,000.00 for the installation of lighting along Mud Creek Trail and portions of the Razorback Regional Greenway. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville,Arkansas Page 1 Printed on 1112312016