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HomeMy WebLinkAbout2017-02-07 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant Ward 1 Position 1 m Ward 3 Position 1 Alderman Sarah Marsh Alderman Sarah Bunch 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 Ward 2 Position 2 Alderman Alan T.Long Mayor Lioneld Jordan Ward 4 Position 2 City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting February 7, 2017 A meeting of the Fayetteville City Council was held on February 7,2017 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. ORT-Ozark Regional Transit - Semi-Monthly Report APPROVED. 2. Fayetteville Natural Heritage Association Check Presentation APPROVED. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 3. Kessler Mountain Regional Park Rotary Playground Project Presentation - Presented by Rotary Club President Harrison Pittman APPROVED. Agenda Additions A. Consent: 1. Approval of the January 17, 2017 City Council Meeting Minutes. Approved 2. BID NO. 16-65 J.A. RIGGS TRACTOR COMPANY: A resolution to award Bid No. 16-65 and authorize the purchase of a Genie 5-45 Telescopic Boom Lift from J.A. Riggs Tractor Company of Springdale in the amount of $64,710.96 for use at the B iosolids Management Site. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-17 3. BID NO. 16-66 SCRUGGS EQUIPMENT COMPANY: A resolution to award Bid No. 16-66 and authorize the purchase of an Elgin Crosswind Street Sweeper from Scruggs Equipment Company of Memphis, Tennessee in the amount of $202,265.00 for use by the transportation services department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-17 4. BID NO. 16-67 SWEETSER CONSTRUCTION, INC.: A resolution to award Bid No. 16-67 and authorize a contract with Sweetser Construction, Inc. in the amount of $158,422.00 for the construction of a bridge along Salem Road for the Clabber Creek Trail, and to approve a project contingency in the amount of$7,921.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 34-17 5. SANDERS CREST, INC: A resolution to approve a one year lease agreement with an option to renew for three additional one year terms with Sanders Crest, Inc. for office space in the airport terminal building in the amount of$780.16 per month for the first year. PASSED AND SHALL BE RECORDED AS RESOLUTION NO 35-17 6. FRANKLIN AND SON, INC.: A resolution to award Bid No. 17-21 and approve a construction contract with Franklin and Son, Inc. of Farmington, Arkansas for the Airfield Roof Rehabilitation Project at Drake Field in the amount of$378,253.00, and to approve a project contingency in the amount of$79,374.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 36-17 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov 7. BANK OF FAYETTEVILLE DONATION REVENUE: A resolution to approve a budget adjustment in the amount of$1,000.00 representing donation revenue from the Bank of Fayetteville to the Fayetteville Fire Department for the annual employee service awards event. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 37-17 8. C112M HILL ENGINEERS,INC.AMENDMENT NO. 7: A resolution to approve a two month extension of Amendment No. 7 to the contract with C112M Hill Engineers, Inc. beginning January 1,2017 and ending February 28,2017 at a cost of$656,019.58 per month for operations, maintenance and management services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO 38-17 9. DAVIS LAW FIRM WATER DAMAGE CLAIM : A resolution pursuant to Fayetteville Code of Ordinances Section 39.10(C)(4) to authorize the Mayor to pay the amount of$26,759.34 to Davis, Clark,Butt, Carithers & Taylor,PLC for a water damage claim at 15 and 19 East Mountain Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 39-17 10. DANIEL AND MEGAN KELSEY SEWER DAMAGE CLAIM: A resolution pursuant to Fayetteville Code of Ordinances Section 39.10(C)(4)to authorize the Mayor to pay the amount of $13,903.57 to Daniel and Megan Kelsey as reimbursement for damage to their real and personal property in addition to previous payments of$6,587.78 to Servpro for water damage mitigation services, $350.00 to WFC, INC. for bathroom repair work. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-17 11. LAKE SEQUOYAH DREDGING FACILITIES: A resolution to approve a New Capital Project for continued construction of dredging facilities at Lake Sequoyah, and to approve a budget adjustment in the amount of$503,242.00 to fund the project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41-17 12. FAYETTEVILLE RENTALS, LLC : A resolution to approve a 50150 cost share agreement with Fayetteville Rentals, LLC for construction of a sewer main along a portion of South Street between South College Avenue and South Washington Avenue at a total estimated cost of$10,174.86 including a 20%project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 42-17 13. BID NO. 17-22 BLUE RIBBON LAWNS,INC.: A resolution to award Bid No. 17-22 and authorize a contract with Blue Ribbon Lawns, Inc. in the amount of$169,810.24 for the installation of trees and shrubs within the median of Rupple Road between West Persimmon Street and West Martin Luther King, Jr. Boulevard, and to approve a project contingency in the amount of$15,000.00. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 43-17 B. Unfinished Business: 1. PRELIMINARY PLAT 16-5574 (MOUNTAIN VISTA SUBDIVISION) GRANT APPEAL A resolution to grant the appeal of City C ouncil Member Adella Gray and to deny preliminary plat 16-5574 (Mountain Vista Subdivision) because such development would create or compound a dangerous traffic condition in violation of § 166.02 (c)(2)(a)(iv) of the unified development code. THIS RESOLUTION FAILED AT THE FEBRUARY 7, 2017 CITY COUNCIL MEETING C. New Business: None 1. WALTON FAMILY FOUNDATION MATCHING GRANT: A resolution to accept a Walton Family Foundation matching grant in the amount of $210,000.00 for the implementation of a portion of the Kessler Mountain Master Trails Plan, to authorize Mayor Jordan to sign the grant agreement, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 44-17 2. 2017 ENERGY ACTION PLAN: A resolution to express the City Council's support for the study and development of an energy action plan in 2017 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 45-17 3. CH2M HILL ENGINEERS, INC. AMENDMENT NO. 8: A resolution to approve amendment No. 8 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of$7,807,453.00 for services in 2017 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 46-17 4. 21 WEST, LLC COST SHARE: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with 21 West, LLC for the installation of sewer main along a portion of Meadow Street between West Avenue and Gregg Avenue, with the estimated amount to be paid by the City of Fayetteville not to exceed$36,128.00, and to approve a project contingency in the amount of$7,225.60. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5947 5. CRUSE UNIFORMS AND EQUIPMENT, INC.: An ordinance to waive the requirements of formal competitive bidding through December 31, 2018 and authorize the purchase of police service weapons and holsters from Cruse Uniforms and Equipment,Inc. in the amount of$109,237.00, and to approve a budget adjustment. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5948 6. RZN 16-5677 (3535 E. HUNTSVILLE RD./HARRIS): An ordinance to rezone about 1.27 acres described in rezoning petition 16-5677 located at 3535 East Huntsville Road from rsf-4, residential single family-four units per acre to r-a,residential agriculture. PASSED AND SHALL BE RECORDED AS ORDINANCE NO 5949 7. AMEND§164.02 ACCESSORY STRUCTURES AND USES: An ordinance to amend §164.02 accessory structures and uses of the Unified Development Code to allow the construction of shared accessory structures. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5950 8. AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION: An ordinance to amend §151.01 Definitions and §174.09 Sign Illumination of the unified development code to repeal unneeded definitions and to remove a requirement that sign illumination in the i-540 overlay district be indirect. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5951 D. City Council Agenda Session Presentations E. City Council Tour: February 6, 2017 4:30 pm-Preliminary Plat 16-5574. Announcements Adjournment: 8:01 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting: February 7,2017 Adjourn: Subject: Roll Gray Marsh Kinion ° Petty Tennant - Bunch - La Tour Long r' Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: February 7,2017 Subject: Consent Motion To: Motion By: Seconded: A. 1-13 Gray Marsh ' Kinion � Petty s Tennant , Bunch La Tour r`" Long u. Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: February 7,2017 Subject: PRELIMINARY PLAT 16-5574 (MOUNTAIN VISTA SUBDIVISION) GRANT APPEAL �d -/-0 Motion To: Motion By: � Seconded: B. 1 Gray �/ N Unfinished Marsh Al � Business Kinion Petty A/ Al Tennant 4/ Bunch Al La Tour �,�� 1V Long Al Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Unfinished Marsh Business Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: February 7,2017 Subject: WALTON FAMILY FOUNDATION MATCHING GRANT Motion To: Motion By: Seconded: ? . C. 1 Gray New Marsh Business Kinion m n Pettyti Tennant Bunch La Tour l� Long Mayor Jordan Subject: 2017 ENERGY ACTION PLAN Motion To: Motion By: Seconded: OL 49 C. 2 Gray L-� New Marsh Business Kinion v' Petty �~ �P Tennant Bunch La Tour N� Long Mayor Jordan City Council Meeting: February 7,2017 Subject: CH2M HILL ENGINEERS, INC. AMENDMENT NO. 8 Motion To: v6 Motion By: Ki t'Un Seconded: L.-7q C. 3 Gray f New Marsh p/ Business Kinion Petty Tennant Bunch La Tour Long Mayor Jordan Subject: 21 WEST, LLC COST SHARE Motion To: a 3� 6 Motion B Seconded: E C. 4 Gray New Marsh r Business Kinion ' Petty r Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: February 7,2017 Subject: CRUSE UNIFORMS AND EQUIPMENT, INC. Motion To: a/ J 3Y� Motion By: Seconded: C. 5 Gray �. New Marsh Business Kinion Petty :.r ,. W Tennantn� Bunch La Tour " Lon G� g Mayor Jordan Subject: RZN 16-5677 (3535 E. HUNTSVILLE RD./HARRIS) Motion To: Motion By: Seconded: _• e C. 6 Gray New Marsh Business Kinion Petty ry n,v .. t` Tennant Bunch Fw La Tour � � Long Mayor Jordan ... S City Council Meeting: February 7,2017 Subject: AMEND§164.02 ACCESSORY STRUCTURES AND USES Motion To: .nol R44-d 3y-d /4 Motion By: let, Seconded: C. 7 Gra New Marsh Business Kinion Petty Tennant Ffqp V'A Bunch La Tour Long Mayor Jordan Subject: AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION , I " Motion To: Motion By: Seconded: C. 8 Gray New Marsh Business Kinion Petty Tennant Bunch La Tour Long Mayor Jordan L) 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 q,-t-w-/,I DATE: February 8, 2017 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of February 7,2017 1. A resolution to award bid no. 16-65 and authorize the purchase of a Genie 5-45 telescopic boom lift from J.A. Riggs Tractor Company of Springdale in the amount of$64,710.96 for use at the Biosolids Management Site 2. A resolution to award bid no. 16-66 and authorize the purchase of an Elgin Crosswind street sweeper from Scruggs Equipment Company of Memphis,Tennessee in the amount of$202,265.00 for use by the Transportation Services Department 3. A resolution to award bid no. 16-67 and authorize a contract with Sweetser Construction, Inc. In the amount of$158,422.00 for the construction of a bridge along Salem Road for the Clabber Creek Trail, and to approve a project contingency in the amount of$7,921.00 4. A resolution to approve a one year lease agreement with an option to renew for three additional one year terms with Sanders Crest, Inc. For office space in the airport terminal building in the amount of$780.16 per month for the first year 5. A resolution to award bid no. 17-21 and approve a construction contract with Franklin and Son, Inc. Of Farmington, Arkansas for the airfield roof rehabilitation project at Drake Field in the amount of$378,253.00, and to approve a project contingency in the amount of$79,374.00 6. A resolution to approve a budget adjustment in the amount of$1,000.00 representing donation revenue from the Bank of Fayetteville to the Fayetteville Fire Department for the annual employee service awards event 7. A resolution to approve a two month extension of amendment no. 7 to the contract with CH2M Hill Engineers, Inc. Beginning January 1, 2017 and ending February 28, 2017 at a cost of $656,019.58 per month for operations, maintenance and management services 8. A resolution pursuant to Fayetteville Code of Ordinances section 39.10(c)(4) to authorize the mayor to pay the amount of$26,759.34 to Davis, Clark, Butt, Carithers &Taylor, PLC for a water damage claim at 15 and 19 East Mountain Street 9. A resolution pursuant to Fayetteville Code of Ordinances section 39.10(c)(4) to authorize the Mayor to pay the amount of$13,903.57 to Daniel and Megan Kelsey as reimbursement for damage to their real and personal property in addition to payments previously made in the amount of $6,587.78 to Servpro for water damage mitigation services and $350.00 to WFC, Inc. For bathroom repair work 10. A resolution to approve anew capital project for continued construction of dredging facilities at Lake Sequoyah, and to approve a budget adjustment in the amount of$503,242.00 to fund the proj ect 11. A resolution to approve a 50150 cost share agreement with Fayetteville Rentals, LLC for construction of a sewer main along a portion of South Street between South College Avenue and South Washington Avenue at a total estimated cost of $10,174.86 including a 20% project contingency 12. A resolution to award bid no. 17-22 and authorize a contract with Blue Ribbon Lawns, Inc. In the amount of$169,810.24 for the installation of trees and shrubs within the median of Rupple Road between West Persimmon Street and West Martin Luther King,Jr.Boulevard,and to approve a project contingency in the amount of$15,000.00 13. A resolution to accept a Walton Family Foundation Matching Grant in the amount of $210,000.00 for the implementation of a portion of the Kessler Mountain Master Trails Plan, to authorize Mayor Jordan to sign the grant agreement, and to approve a budget adjustment 14. A resolution to express the City Council's support for the study and development of an Energy Action Plan in 2017 15. A resolution to approve Amendment no. 8 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. In the amount of$7,807,453.00 for services in 2017 16. An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with 21 West, LLC for the installation of sewer main along a portion of Meadow Street between West Avenue and Gregg Avenue, with the estimated amount to be paid by the City of Fayetteville not to exceed $36,128.00, and to approve a project contingency in the amount of $7,225.60 17. An ordinance to waive the requirements of formal competitive bidding through December 31, 2018 and authorize the purchase of police service weapons and holsters from Cruse Uniforms and Equipment, Inc. In the amount of$109,237.00, and to approve a budget adjustment 2 18. An ordinance to rezone about 1.27 acres described in rezoning petition 16-5677 located at 3535 East Huntsville Road from RSF-4, Residential Single Family-four units per acre to R-A, Residential Agriculture. 19. An ordinance to amend §164.02 Accessory Structures and Uses of the Unified Development Code to allow the construction of Shared Accessory Structures 20. An ordinance to amend §151.01 definitions and §174.09 Sign Illumination of the Unified Development Code to repeal unneeded definitions and to remove a requirement that sign illumination in the 1-540 overlay district be indirect 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, February 7, 2017 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 Sarah Bunch 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 February 7, 2017 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions 1. 2017-0031 ORT-OZARK REGIONAL TRANSIT- SEMI-MONTHLY REPORT 2. 2017-0009 FAYETTEVILLE NATURAL HERITAGE ASSOCIATION CHECK PRESENTATION 3. 2017-0042 KESSLER MOUNTAIN REGIONAL PARK ROTARY PLAYGROUND PROJECT PRESENTATION - PRESENTED BY ROTARY CLUB PRESIDENT HARRISON PITTMAN City Council Meeting Presentations,Reports and Discussion Items: Agenda Additions: A. Consent: A. 1 2016-0568 APPROVAL OF THE JANUARY 17,2017 CITY COUNCIL MEETING MINUTES. A. 2 2017-0011 BID NO. 16-65 J.A.RIGGS TRACTOR COMPANY: A RESOLUTION TO AWARD BID NO. 16-65 AND AUTHORIZE THE PURCHASE OF A GENIE S-45 TELESCOPIC BOOM LIFT FROM J.A. RIGGS TRACTOR COMPANY OF SPRINGDALE IN THE AMOUNT OF $64,710.96 FOR USE AT THE BIOSOLIDS MANAGEMENT SITE Attachments: BID NO. 16-65 J.A.RIGGS TRACTOR COMPANY City of Fayetteville,Arkansas Page 2 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7, 2017 A. 3 2017-0010 BID NO. 16-66 SCRUGGS EQUIPMENT COMPANY: A RESOLUTION TO AWARD BID NO. 16-66 AND AUTHORIZE THE PURCHASE OF AN ELGIN CROSSWIND STREET SWEEPER FROM SCRUGGS EQUIPMENT COMPANY OF MEMPHIS, TENNESSEE IN THE AMOUNT OF $202,265.00 FOR USE BY THE TRANSPORTATION SERVICES DEPARTMENT Attachments: BID NO. 16-66 SCRUGGS EQUIPMENT COMPANY A. 4 2016-0639 BID NO. 16-67 SWEETSER CONSTRUCTION,INC.: A RESOLUTION TO AWARD BID NO. 16-67 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $158,422.00 FOR THE CONSTRUCTION OF A BRIDGE ALONG SALEM ROAD FOR THE CLABBER CREEK TRAIL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,921.00 Attachments: BID 16-67 SWEETSER CONSTRUCTION,INC. A. 5 2017-0038 SANDERS CREST,INC.: A RESOLUTION TO APPROVE A ONE YEAR LEASE AGREEMENT WITH AN OPTION TO RENEW FOR THREE ADDITIONAL ONE YEAR TERMS WITH SANDERS CREST, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING IN THE AMOUNT OF $780.16 PER MONTH FOR THE FIRST YEAR Attachments: SANDERS CREST,INC. A. 6 2017-0043 FRANKLIN AND SON,INC.: A RESOLUTION TO AWARD BID NO. 17-21 AND APPROVE A CONSTRUCTION CONTRACT WITH FRANKLIN AND SON, INC. OF FARMINGTON, ARKANSAS FOR THE AIRFIELD ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE AMOUNT OF $378,253.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $79,374.00 Attachments: FRANKLIN AND SON.INC. City of Fayetteville,Arkansas Page 3 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7, 2017 A. 7 2017-0013 BANK OF FAYETTEVILLE DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,000.00 REPRESENTING DONATION REVENUE FROM THE BANK OF FAYETTEVILLE TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT Attachments: BANK OF FAYETTEVILLE DONATION REVENUE BA BANK OF FAYETTEVILLE DONATION REVENUE A. 8 2017-0007 C112M HILL ENGINEERS,INC.AMENDMENT NO.7: A RESOLUTION TO APPROVE A TWO MONTH EXTENSION OF AMENDMENT NO. 7 TO THE CONTRACT WITH CH2M HILL ENGINEERS, INC. BEGINNING JANUARY 1, 2017 AND ENDING FEBRUARY 28, 2017 AT A COST OF $656,019.58 PER MONTH FOR OPERATIONS,MAINTENANCE AND MANAGEMENT SERVICES Attachments: CH2M HILL ENGINEERS,INC.AMENDMENT NO.7: A. 9 2017-0032 DAVIS LAW FIRM WATER DAMAGE CLAIM: A RESOLUTION PURSUANT TO FAYETTEVILLE CODE OF ORDINANCES SECTION 39.10(C)(4) TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $26,759.34 TO DAVIS, CLARK, BUTT, CARITHERS & TAYLOR, PLC FOR A WATER DAMAGE CLAIM AT 15 AND 19 EAST MOUNTAIN STREET Attachments: DAVIS LAW FIRM WATER DAMAGE CLAIM City of Fayetteville,Arkansas Page 4 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7, 2017 A. 10 2017-0045 DANIEL AND MEGAN KELSEY SEWER DAMAGE CLAIM: A RESOLUTION PURSUANT TO FAYETTEVILLE CODE OF ORDINANCES SECTION 39.10(C)(4) TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $13,903.57 TO DANIEL AND MEGAN KELSEY AS REIMBURSEMENT FOR DAMAGE TO THEIR REAL AND PERSONAL PROPERTY IN ADDITION TO PAYMENTS PREVIOUSLY MADE IN THE AMOUNT OF $6,587.78 TO SERVPRO FOR WATER DAMAGE MITIGATION SERVICES AND $350.00 TO WFC, INC. FOR BATHROOM REPAIR WORK Attachments: DANIEL AND MEGAN KELSEY SEWER DAMAGE CLAIM A. 11 2017-0014 LAKE SEQUOYAH DREDGING FACILITIES: A RESOLUTION TO APPROVE A NEW CAPITAL PROJECT FOR CONTINUED CONSTRUCTION OF DREDGING FACILITIES AT LAKE SEQUOYAH, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $503,242.00 TO FUND THE PROJECT Attachments: LAKE SEQUOYAH DREDGING FACILITIES BA LAKE SEQUOYAH DREDGING FACILITIES A. 12 2017-0048 FAYETTEVILLE RENTALS,LLC: A RESOLUTION TO APPROVE A 50150 COST SHARE AGREEMENT WITH FAYETTEVILLE RENTALS, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG A PORTION OF SOUTH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE AT A TOTAL ESTIMATED COST OF $10,174.86 INCLUDING A 20%PROJECT CONTINGENCY Attachments: FAYETTEVILLE RENTALS,LLC City of Fayetteville,Arkansas Page 5 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7, 2017 A. 13 2017-0040 BID NO. 17-22 BLUE RIBBON LAWNS,INC.: A RESOLUTION TO AWARD BID NO. 17-22 AND AUTHORIZE A CONTRACT WITH BLUE RIBBON LAWNS, INC. IN THE AMOUNT OF $169,810.24 FOR THE INSTALLATION OF TREES AND SHRUBS WITHIN THE MEDIAN OF RUPPLE ROAD BETWEEN WEST PERSIMMON STREET AND WEST MARTIN LUTHER KING, JR. BOULEVARD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00 Attachments: BLUE RIBBON LAWNS,INC. B. Unfinished Business: B. 1 2016-0674 PRELIMINARY PLAT 16-5574 (MOUNTAIN VISTA SUBDIVISION)GRANT APPEAL: A RESOLUTION TO GRANT THE APPEAL OF CITY COUNCIL MEMBER ADELLA GRAY AND TO DENY PRELIMINARY PLAT 16-5574(MOUNTAIN VISTA SUBDIVISION) BECAUSE SUCH DEVELOPMENT WOULD CREATE OR COMPOUND A DANGEROUS TRAFFIC CONDITION IN VIOLATION OF § 166.02 (C)(2)(a)(iv) OF THE UNIFIED DEVELOPMENT CODE Attachments: PRELIMINARY PLAT 16-5574(MOUNTAIN VISTA SUBDIVISION)GRANT APP At the January 3, 2017 City Council Meeting this resolution was tabled to the Febuary 7, 2017 City Council Meeting. C. New Business: C. 1 2017-0034 WALTON FAMILY FOUNDATION MATCHING GRANT: A RESOLUTION TO ACCEPT A WALTON FAMILY FOUNDATION MATCHING GRANT IN THE AMOUNT OF $210,000.00 FOR THE IMPLEMENTATION OF A PORTION OF THE KESSLER MOUNTAIN MASTER TRAILS PLAN, TO AUTHORIZE MAYOR JORDAN TO SIGN THE GRANT AGREEMENT, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: WALTON FAMILY FOUNDATION MATCHING GRANT BA WALTON FAMILY FOUNDATION MATCHING GRANT City of Fayetteville,Arkansas Page 6 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7, 2017 C. 2 2017-0033 2017 ENERGY ACTION PLAN: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR THE STUDY AND DEVELOPMENT OF AN ENERGY ACTION PLAN IN 2017 Attachments: 2017 ENERGY ACTION PLAN C. 3 2017-0029 CH2M HILL ENGINEERS,INC.AMENDMENT NO. 8: A RESOLUTION TO APPROVE AMENDMENT NO. 8 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,807,453.00 FOR SERVICES IN 2017 Attachments: CH2M HILL ENGINEERS,INC.AMENDMENT NO.8 C. 4 2017-0030 21 WEST,LLC COST SHARE: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 21 WEST, LLC FOR THE INSTALLATION OF SEWER MAIN ALONG A PORTION OF MEADOW STREET BETWEEN WEST AVENUE AND GREGG AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $36,128.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,225.60 Attachments: 21 WEST LLC C. 5 2017-0012 CRUSE UNIFORMS AND EQUIPMENT,INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING THROUGH DECEMBER 31, 2018 AND AUTHORIZE THE PURCHASE OF POLICE SERVICE WEAPONS AND HOLSTERS FROM CRUSE UNIFORMS AND EQUIPMENT, INC. IN THE AMOUNT OF $109,237.00, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: CRUSE UNIFORMS AND EQUIPMENT,INC. BA CRUSE UNIFORMS AND EQUIPMENT,INC. City of Fayetteville,Arkansas Page 7 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7, 2017 C. 6 2017-0017 RZN 16-5677(3535 E.HUNTSVILLE RD./HARRIS): AN ORDINANCE TO REZONE ABOUT 1.27 ACRES DESCRIBED IN REZONING PETITION 16-5677 LOCATED AT 3535 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY-FOUR UNITS PER ACRE TO R-A, RESIDENTIAL AGRICULTURE. Attachments: RZN 16-5677(3535 E.HUNTSVILLE RWHARRIS) C. 7 2016-0524 AMEND §164.02 ACCESSORY STRUCTURES AND USES: AN ORDINANCE TO AMEND §164.02 ACCESSORY STRUCTURES AND USES OF THE UNIFIED DEVELOPMENT CODE TO ALLOW THE CONSTRUCTION OF SHARED ACCESSORY STRUCTURES Attachments: AMEND§164.02 ACCESSORY STRUCTURES AND USES C. 8 2017-0015 AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION: AN ORDINANCE TO AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION OF THE UNIFIED DEVELOPMENT CODE TO REPEAL UNNEEDED DEFINITIONS AND TO REMOVE A REQUIREMENT THAT SIGN ILLUMINATION IN THE I-540 OVERLAY DISTRICT BE INDIRECT Attachments: AMEND§151.01 DEFINITIONS AND§174.09 SIGN ILLUMINATION D. City Council Agenda Session Presentations: E. City Council Tour: FEBRUARY 6, 2017 4:30 PM - PRELIMINARY PLAT 16-5574 F. Announcements: G. Adjournment City of Fayetteville,Arkansas Page 8 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7, 2017 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. 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 9 Printed on 2/2/2017 City Council Meeting Meeting Agenda-Final Agenda February 7,2017 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 Telecommunications Devise for the Deaf (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 on our website at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W.Mountain,Fayetteville,Arkansas(479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville,Arkansas Page 10 Printed on 21212017 City Council Meeting Minutes January 17,2017 Page 1 of 7 Alderman Adella Gray Alderman Justin Tennant Ward 1 Position 1 Ward 3 Position 1 Alderman Sarah Marsh Alderman Sarah Bunch 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 A erman Alan T.Long Ward 2 Position 2 Mayor Lioneld Jordan d 4 Position 2 City Attorney Kit Williams City Clerk Sondra E.SmithBs City of Fayetteville Arkansas 4, City Council Meeting January 17, 2017 A meeting of the Fayetteville City Council was held on January 17,2017 at 5:30 p.m.in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Sarah Marsh, Mark Kinion, Matthew Petty, Sarah Bunch, John La Tour,Mayor Lioneld Jordan, City Attorney Kit Williams,Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Alderman Long, Gray, and Tennant were absent. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: City Board of Health Appointment Confirmation Alderman Kinion presented the City Board of Health Appointment Confirmation report. He read Mayor Jordan's reappointment request for Dr. David Crittenden, Dr. Robert Patton, Don Moore, Rick Johnson, Shana Kasparek, and Ex-Officio, Mayor Lioneld Jordan. He submitted the appointments for consideration. A copy of the report is attached. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 17,2017 Page 2 of 7 Alderman Kinion moved to approve the City Board of Health Appointments. Alderman Marsh seconded the motion. Upon roll call the motion passed 5-0. Alderman Long, Gray, and Tennant were absent. Presentation of the City of Fayetteville Martin Luther King Brotherhood Award - Kit Williams City Attorney Kit Williams: I have been privileged to select a City of Fayetteville employee to receive the Dr. Martin Luther King Jr. Brotherhood Award. This award is given annually in recognition to a city employee whose service to our city and our community best exemplifies Dr. King's dream of equality,justice,and brotherhood.This year's honoree has exemplified Dr.Martin Luther King's spirit of equality and legacy of service. She has worked for the last decade to help those citizens most in need in our community. Her successful efforts are dear to my heart. My daughter was born six weeks premature and very ill. My daughter's life was saved in part by a blood transfusion. Most city employees know who has spearheaded every city blood drive for the past 10 years and that is Bonnie Bolinger, Administrative Assistant in the Mayor's office. Thank you Bonnie for helping so many of the city's generous blood donors to provide the gift of life. Bonnie has organized and chaired the city's United Way Campaign for the last decade and has been instrumental in accomplishing an overall increase in the city's giving. Bonnie has also organized and chaired the city staff participating in the annual heart walk to raise awareness and funds for the Heart Association. Bonnie has ensured many city staff have donated and are dressed in red clothes for the National Wear Red Day to raise awareness of women's heart and stroke health issues. Bonnie handles many telephone calls and walk in visits from our citizens to the Mayor's office.Her politeness and tact help keep everything on an even keel in the Mayor's office. Bonnie's kind and consistent service to our community exemplifies Dr. Martin Luther King's dream of equality,justice, brotherhood, and service to others and our community. It is my honor to present the 2017 City of Fayetteville Dr. Martin Luther King Jr. Brotherhood Award to Bonnie Bolinger. Mayor Jordan: Thank you, Bonnie. Congratulations and well deserved. State of the Citv Address -Mayor Lioneld Jordan Mayor Lioneld Jordan read the State of the City Address. A copy is attached. Consent: Approval of the January 3, 2017 City Council Meeting Minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 17,2017 Page 3 of 7 Creamer Pilot Services Lease Agreement: A resolution to approve a lease agreement with Creamer Pilot Services, LLC for 276 square feet of office space in the Airport Terminal building in the amount of $253.00 per month through the end of 2017, after which time the lease shall automatically renew on a month-to-month basis. Resolution 28-17 as recorded in the office of the City Clerk Garver,LLC Task Order No. 7: A resolution to approve Task Order No. 7 with Garver, LLC in the amount of$49,800.00 for preparation of a Preliminary Engineering Report for the Taxiway B Widening and Rehabilitation Project, to express the city's willingness to utilize Federal Aviation Administration funds for the project, and to approve a budget adjustment. Resolution 29-17 as recorded in the office of the City Clerk JL Bryson,Inc.Change Order No.2:A resolution to approve Change Order No. 2 to the contract with JL Bryson,Inc. in the amount of$23,276.00 for additional structural concrete associated with installation of the BlueInGreen ozone disinfection system at the Noland Wastewater Treatment Plant, and to approve a budget adjustment. sgga Resolution 30-17 as recorded in the office of the City Clerk Alderman Marsh moved to accept the Consent Agenda as read. Alderman Kinion seconded the motion. Upon roll call the motion passed 5-0. Alderman Long, Gray, and Tennant were absent. Unfinished Business: Amend Chapters 160, 1A4667, and 169: An ordinance to amend Chapters 160, 161, 162, 164, 166, 167, and 169 of the Unified Development Code to create two new zoning districts: Residential Intermediate - Urban and Neighborhood Services - General and New Use Unit 12 b. General Business and to make further changes to incorporate these amendments into the Unified Development Code.At the December 3, 2017 City Council Meeting this ordinance was left on the first reading. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan voting yes. Alderman Long, Gray, and Tennant were absent. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 17,2017 Page 4 of 7 Alderman Marsh moved to suspend the rules and go to the third and final reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan voting yes. Alderman Long, Gray, and Tennant were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-0. Alderman Long, Gray, and Tennant were absent. Ordinance 5945 as Recorded in the office of the City Clerk Preliminary Plat 16-5642 (Park Meadows) Grant Appeal: A resolution to grant the appeal of City Council member Adella Gray and to deny Preliminary Plat 16-5642 (Park Meadows) as amended pursuant to an agreement between planning and the applicant to extend the left turn lane on Huntsville. At the December 3, 2017 City Council Meeting this resolution was tabled to the January 17, 2017 City Council Meeting. Jeremy Pate, Director of Development Services gave a brief description of the resolution. He spoke about amending the exhibit to have the applicant construct the trail as opposed to the bike lanes through this turn lane section. A discussion followed about a trail being constructed. Alderman Marsh moved to amend the ordinance to include the trail exhibit. Alderman Kinion seconded the motion. Upon roll call the motion passed 5-0. Alderman Long, Gray, and Tennant were absent. Jesse Fulcher, Rausch Coleman: The appeal was an opportunity for us to continue to work with staff and provide some more information to the neighborhood as well as to the recommended street improvements. We have continued to work with staff over the last four weeks to work out the improvements. We have extended the turn lane along Morningside Drive. We are working with Matt Mihalevich, Trails Coordinator. We felt it would be a better solution over the long term to look at the trail improvements along our property versus constructing bike lanes. The improvements are in addition to the money we will be contributing to the hopeful future installation of a traffic signal at Huntsville and Morningside, as well as the full improvements at Morningside. The neighbors have had concerns about traffic congestion and speeding along Morningside. Those are conditions that exist today. It has nothing to do with this development. It is on us as the development group to figure out how to help that situation.We have been trying through the traffic study and improvements we have shown on our plans. We can help with speeding on Morningside Drive by providing on street parking. These are ways to help the situation and not make them worse. We started this in October and are hopeful we can move forward with this great project for the area. We have checked every box of the City Plan 2030 goals. Alderman Kinion: How are we going to move forward with guaranteeing there will be a stoplight at this intersection? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 17,2017 Page 5 of 7 City Attorney Kit Williams: We aren't guaranteeing there will be, because it still has to meet warrants, which means enough traffic to justify it. Jeremy Pate: At the last Council meeting some citizens were interested in a full warrant analysis. We asked the applicant to provide that and it indicated a traffic signal would not be needed with the development of this project. We anticipate that this is a fast growing area of our city and there will be other projects. Rather than wait for the next project, we will plug this into whatever time frame we need as directed by the Mayor,Transportation Director,and City Engineer to do our own warrant analysis. We have committed to this internally as staff. We know it won't be for at least a few years because this project will take several years to build out. Curtis Hogue, Appointed Trustee for the Charles P. Rose Testamentary Trust: I am the trustee, and the two surviving beneficiaries are getting on up in years. It is important for them to get closed on the sale of this property to the developer. The beneficiaries are no longer able to maintain the property. We believe the developer has met all requirements. Ralph Nesson, 1007 Morningside Drive voiced his concerns about traffic safety.He believes there is a need for a sidewalk from Morningside Drive to Wood Avenue. He wants a four way stop sign to be placed at the corner of Morningside and McClinton Street. He thanked city staff for their patience with the concerns brought to them from the neighborhood. Alderman Petty: Kit, would you mind refreshing us on what a vote up or a vote down means? City Attorney Kit Williams: When a preliminary plat is presented for review by either the Planning Commission or on appeal to City Council you are required by ordinances, you all have enacted into the Unified Development Code, to look at factors to see whether or not it must be approved. It is clear all of the conditions of the UDC have been met with the exception of an argument about traffic safety and that is why Alderman Gray brought it forward. At this point a traffic study has been completed. City Engineers and Planning staff have agreed that this is not going to create or compound a dangerous traffic situation. Many things have been done or will be done by the developer to alleviate the potential traffic problems that are already there. It is not traffic congestion. Traffic congestion can be considered during a rezoning, but not during the approval of a preliminary plat. This land has already been zoned for high density residential. We can't consider if 290 homes here are appropriate. The Supreme Court has said that if a developer has fulfilled all the requirements the city has set forth in its code section, then the development must be approved. This developer has gone beyond what is normally required. A discussion followed about clarification on what a vote no or a vote yes would mean. Alderman Petty: I believe we are in a better position than we were two weeks ago. Some of the suggestions from the neighbors about a stop sign at McClinton and a stoplight at Morningside are prescient. It may be the system for calculating warrants are miscalibrated. If we look historically at intersections in the city,we find a lot of intersections today that have traffic signals or stop signs that would not meet the warrant conditions we are required to follow now. We miss sometimes whenever we focus these site discussions so much on metrics. We miss the opportunity to have a 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov