HomeMy WebLinkAbout2017-04-18 - Agendas - ArchiveAlderman Adella Gray
Ward 1 Position 1
Alderman Sarah Marsh
Ward 1 Position 2
Alderman Mark Kinion
Ward 2 Position 1
Alderman Matthew Petty
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
April 18, 2017
Alderman Justin Tennant
Ward 3 Position 1
Alderman Sarah Bunch
Ward 3 Position 2
Alderman John La Tour
Ward 4 Position 1
Alderman Alan T. Long
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on April 18, 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.
Agenda Additions:
A. Consent:
1. Approval of the April 4, 2017 City Council Meeting Minutes.
Approved
2. STEVE LANDERS TOYOTA OF NORTHWEST ARKANSAS: A resolution to
award Bid # 17-24 and authorize the purchase of three 2017 Toyota Tacomas from Steve
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
Landers Toyota of Northwest Arkansas in the total amount of $65,400.00 for use by the
Water and Sewer Operations Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-17
3. ARKANSAS MUNICIPAL EQUIPMENT, INC.: A resolution to award Bid No. 17-
23 and authorize the purchase of a Peterbilt 520 front load refuse truck with New Way
Mammoth Body from Arkansas Municipal Equipment, Inc. in the amount of $240,592.00
for use by the Recycling and Trash Collection Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-17
4. WILLIAMS TRACTOR: A resolution to approve the purchase of six (6) H ustler Super
Z Mowers from Williams Tractor of Fayetteville in the total amount of $62,345.00
pursuant to a state procurement contract for use by the Parks and Recreation Department.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-17
5. SUPERIOR AUTOMOTIVE GROUP, TRANSPORTATION DEPT.: A resolution to
award Bid #17-26 and authorize the purchase of five (5) 2017 Ford F-550 trucks from
Superior Automotive Group of Siloam Springs, Arkansas in the total amount of
$313,256.00 for use by the Transportation Services Department.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-17
6. SUPERIOR AUTOMOTIVE GROUP, WATER & SEWER DEPT: A resolution to
award Bid #17-26 and authorize the purchase of two (2) 2017 Ford F-550 diesel trucks and
a Ford F-250 pickup truck from Superior Automotive Group of Siloam Springs, Arkansas
in the total amount of $149,375.00 for use by the Water and Sewer Operations Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-17
7. HILBILT SALES CORPORATION: A resolution to award Bid #17-29 and authorize
the purchase of a Clement Starlite 3829 dump trailer from Hilbilt Sales Corporation of
Benton, Arkansas in the amount of $39,794.00 plus applicable taxes for use at the City
Wastewater Treatment Facilities
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-17
8. CH2M HILL ENGINEERS, INC: A resolution to approve an Out -Of -Scope Agreement
with CH2M Hill Engineers, Inc. in the amount of $19,998.00 for design revisions to the
access road and berms at the Lake Sequoyah Sediment Removal Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-17
9. WATERSHED CONSERVATION RESOURCE CENTER: A resolution to approve
Task Order No. 5 with the Watershed Conservation Resource Center in the amount of
$100,500.00 for continued native vegetation establishment efforts and minor adjustments
to existing restoration areas to enhance stream channel stability
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-17
10. PLAY BY DESIGN, INC: A resolution to award RFP No. 17-03 and authorize a contract
with Play by Design, Inc. in the amount of $299,990.91 for the construction of the Rotary
Club of Fayetteville playground at Kessler Mountain Regional Park, and to approve a
project contingency in the amount of $30,000.00
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-17
11. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC: A resolution to
approve Amendment No. 6 to the contract with Mitchell, Williams, Selig, Gates &
Woodyard, PLLC in the amount of $100,000.00 for additional legal services related to the
White River Water Quality Standards Petition to the Arkansas Pollution Control and
Ecology Commission, to approve a project contingency in the amount of $20,000.00, and
to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 93-17
B. Unfinished Business: NONE
C. New Business:
1. BENCHMARK CONSTRUCTION OF NWA, INC: A resolution to approve Change
Order No. 2 to the contract with Benchmark Construction of NWA, Inc. in the amount of
$195,377.00 for the construction of a bathroom and storage building at the Fire Department
Training Facility, to approve a project contingency in the amount of $29,306.55, and to
approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-17
2. FAYETTEVILLE COMMERCE PARK, PETER O. KOHLER, LLC: A resolution to
sell about 14.9 acres of land in the commerce district to Peter O. Kohler, LLC for
$223,500.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 95-17
3. VAC 17-5749 (495 W. PRAIRIE ST./INFILL GROUP): An ordinance to approve VAC
17-5749 for property located at 423 West Prairie Street to vacate a portion of a drainage
easement containing approximately 40 square feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5965
4. RZN 17-5734 (1722 N. STARR DR./ST. JOSEPH'S SCHOOL): An ordinance to
rezone that property described in rezoning petition RZN 17-5734 for about 26.09 acres
located at 1722 North Starr Drive from r -a, residential agricultural and rsf-4, residential
single family, 4 units per acre to p-1, institutional.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5966
5. RZN 17-5732 (1840 W. POPLAR ST./POPLAR ST. MOBILE HOME PARK): An
ordinance to rezone that property described in rezoning petition RZN 17-5732 for about
9.20 acres located at 1840 West Poplar Street from rmf-24, residential multi family, 24
units per acre to cs, community services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5967
6. AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS
AGREEMENT: An ordinance to amend Ordinance 3898 by removing approximately 1.7
acres from the Lake Fayetteville Nature Study Center Reserve, to approve an amendment
to the joint lease agreement with the Fayetteville School District to reflect the removal of
the 1.7 acres, to approve an amendment to the Botanical Garden Land Lease Agreement
with the Botanical Garden Society of the Ozarks, Inc. to add approximately 1.7 acres to the
leased premises, and to approve an amendment to the Botanical Garden of the Ozarks
Master Plan to add an operations center on the additional acreage.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5968
7. UNIVERSITY OF ARKANSAS, WEST HOTZ DRIVE: A resolution pursuant to
ordinance No. 5652 to authorize motor vehicle access to West Hotz Drive from property
owned by the University of Arkansas.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 96-17
8. ENACT ARTICLE XXXI EQUIPMENT COMMITTEE AND ARTICLE XXXII
SUBSTITUTION FOR ABSENT FELLOW CITY COUNCIL WARD MEMBER:
An ordinance to enact articles XXXI and XXXII of the Fayetteville Code to codify
membership and duties of the equipment committee and to provide for a city council
member to substitute for an absent ward representative on a standing city council
committee.
AT THE APRIL 18, 2017 CITY COUNCIL MEETING THIS ORDINANCE WAS
TABLED INDEFINITELY
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. Announcements:
Adjournment: 7:10 p.m.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov
City Council Meeting: April 18, 2017 Adjourn: `7,'10 pl;i
Subject:
Roll
Motion To:
Tennant
Bunch
La Tour
Seconded:
Long
Tennant
Gray
Bunch
Marsh
vA
La Tour
Kinion
Long
Petty
Gray
Mayor Jordan
Marsh
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Bunch
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting: April 18, 2017
Subject:
Consent
Motion To:
Motion By:
Seconded:
A.1 -A.11
Tennant
Bunch
Bunch
La Tour
Long
Long
Gray
Gray
Marsh
c/
Marsh
(,
Kinion
Kinion
(�
Petty
Petty
Mayor Jordan
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Bunch
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting: April 18, 2017
Subject:
NONE
Motion To:
Motion By:
Seconded:
Unfinished
Business
Tennant
Unfinished
Bunch
La Tour
Business
La Tour
Long
Long
Gray
Gray
Marsh
Marsh
Kinion
Kinion
Petty
Petty
Mayor Jordan
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Unfinished
Business
Tennant
Bunch
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting: April 18, 2017
Subject:
BENCHMARK CONSTRUCTION OF NWA, INC.
Motion To:
Motion By:
Seconded:
CA
Tennant
r
�-
New
Business
t
Bunch
Business
6ff�!?
La Tour'
Long
Gray
Marsh
Kinion
y
�l�
Petty
Mayor Jordan
Mayor Jordan
e. --o
Subject:
FAYETTEVILLE COMMERCE PARK, PETER O. KOHLER, LLC
Motion To:
Motion By:
Seconded:
C.2
New
Tennant
r/
Bunch
c/
Business
6ff�!?
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
i
City Council Meeting: April 18, 2017
Subject:
VAC 17-5749 (495 W. PRAIRIE ST./INFILL GROUP)
Motion To:
lf,�(l
3 Kl 7-6r,
e7
Motion By:
pay
Seconded:
C.3
New
Business
Tennant
Bunch
La Tour
Long
Gray
r.
Marsh
v
Kin ion
Petty
petty
Mayor Jordan
Mayor Jordan
7—� -7-0 .7-P
Subject: -
RZN 17-5734 (1722 N. STARR- DR./ST. JOSEPH'S SCHOOL)
Motion To:
lf,�(l
3 Kl 7-6r,
e7
Motion By:
Seconded:
CA
New
Business
Tennant
Bunch
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
,?- 0 67-0 :y -,:g
City Council Meeting: April 18, 2017
Subject:
RZN 17-5732 (1840 W.POPLAR ST./POPLAR ST. MOBILE HOME PARK)
Motion To:
J
Motion By:
Motion By:
Dn
Seconded:
Seconded:✓
/ G
%f
C.6
C.5
New
Tennant
-
U
New
Business
Bunch
c-
"
Business
La Tour
f
Long
,.t
Long
---
Gray
Gray
Marsh
n
j
ra
Marsh
Kinion
Kinion
Petty
Mayor Jordan
E-0 IS, 6 1'::? C�
Subject: AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS AGREEMENT
Motion To:
Motion By:
Seconded:
/ G
C.6
Tennant
New
Business
Bunch
La Tour
v"
f
Long
---
Gray
Marsh
!/
Kinion
tZ
Petty
Mayor Jordan
Y—o 9-0 0
City Council Meeting: April 18, 2017
Subject:
UNIVERSITY OF ARKANSAS, WEST HOTZ DRIVE
Motion To:
Motion By:
Seconded:
C.7
New
Tennant
Bunch
v'
Business
La Tour
Long
Long
Al
����
Gray
�--
W01
Marsh
Kinion
Kinion
Petty
Petty
Mayor Jordan
Mayor Jordan
rR.m
Subject:
ENACT ARTICLE XXXI EQUIPMENT COMMITTEE AND ARTICLE XXXII
SUBSTITUTION FOR ABSENT FELLOW CITY COUNCIL WARD MEMBER
Motion To:
Motion By:
Seconded:,
C.8
New
Business
Tennant
Bunch
La Tour
Long
����
Gray
�--
Marsh'"
Kinion
`
Petty
Mayor Jordan
rom
IN
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
Tri -RU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: April 19, 2017
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at
the City Council meeting of April 18, 2017
1. A resolution to award bid # 17-24 and authorize the purchase of three 2017 Toyota
Tacomas from Steve Landers Toyota of Northwest Arkansas in the total amount of $65,400.00 for
use by the Water and Sewer Operations Division
2. A resolution to award bid no. 17-23 and authorize the purchase of a Peterbilt 520
front load refuse truck with New Way Mammoth body from Arkansas Municipal Equipment, Inc.
in the amount of $240,592.00 for use by the Recycling and Trash Collection Division
3. A resolution to approve the purchase of six (6) Hustler Super Z mowers from
Williams Tractor of Fayetteville in the total amount of $62,345.00 pursuant to a state procurement
contract for use by the Parks and Recreation Department
4. A resolution to award bid #17-26 and authorize the purchase of five (5) 2017 Ford
F-550 trucks from Superior Automotive Group of Siloam Springs, Arkansas in the total amount of
$313,256.00 for use by the Transportation Services Department
5. A resolution to award bid #17-26 and authorize the purchase of two (2) 2017 Ford
F"-550 diesel trucks and a Ford F-250 pickup truck from Superior Automotive Group of Siloam
Springs, Arkansas in the total amount of $149,375.00 for use by the Water and Sewer Operations
Division
6. A resolution to award bid #17-29 and authorize the purchase of a Clement Starlite
3829 Dump Trailer from Hilbilt Sales Corporation of Benton, Arkansas in the amount of
$39,794.00 plus applicable taxes for use at the City Wastewater Treatment Facilities
7. A resolution to approve an out -of -scope agreement with CH2M Hill Engineers, Inc.
in the amount of $19,998.00 for design revisions to the access road and berms at the Lake
Sequoyah sediment removal project
8. A resolution to approve task order no. 5 with the Watershed Conservation Resource
Center in the amount of $100,500.00 for continued native vegetation establishment efforts and
minor adjustments to existing restoration areas to enhance stream channel stability
9. A resolution to award RFP no. 17-03 and authorize a contract with Play by Design,
Inc. In the amount of $299,990.91 for the construction of the Rotary Club of Fayetteville
Playground at Kessler Mountain Regional Park, and to approve a project contingency in the
amount of $30,000.00
10. A resolution to approve amendment no. 6 to the contract with Mitchell, Williams,
Selig, Gates & Woodyard, PLLC in the amount of $100,000.00 for additional legal services related
to the White River Water Quality Standards petition to the Arkansas Pollution Control and Ecology
Commission, to approve a project contingency in the amount of $20,000.00, and to approve a
budget adjustment
11. A resolution to approve change order no. 2 to the contract with Benchmark
Construction of NWA, Inc. In the amount of $195,377.00 for the construction of a bathroom and
storage building at the Fire Department Training Facility, to approve a project contingency in the
amount of $29,306.55, and to approve a budget adjustment
12. A resolution to sell about 14.9 acres of land in the Commerce District to Peter O.
Kohler, LLC for $223,500.00
13. An ordinance to approve VAC 17-5749 for property located at 423 West Prairie
Street to vacate a portion of a drainage easement containing approximately 40 square feet
14. An ordinance to rezone that property described in rezoning petition RZN 17-5734
for about 26.09 acres located at 1722 North Starr Drive from R -A, Residential Agricultural and
RSF-4, Residential Single Family, 4 units per acre to P-1, Institutional
15. An ordinance to amend ordinance 3898 by removing approximately 1.7 acres from
the Lake Fayetteville Nature Study Center Reserve, to approve an amendment to the joint lease
agreement with the Fayetteville School District to reflect the removal of the 1.7 acres, to approve
an amendment to the Botanical Garden land lease agreement with the Botanical Garden Society of
the Ozarks, Inc., to add approximately 1.7 acres to the leased premises, and to approve an
amendment to the Botanical Garden of the Ozarks Master Plan to add an operations center on the
additional acreage
16. A resolution pursuant to ordinance no. 5652 to authorize motor vehicle access to
West Hotz Drive from property owned by the University of Arkansas
2
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Meeting Agenda - Final Agenda
Tuesday, April 18, 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 April 18, 2017
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
A. 1 2016-0573
APPROVAL OF THE APRIL 4, 2017 CITY COUNCIL MEETING MINUTES.
A.2 2017-0159
STEVE LANDERS TOYOTA OF NORTHWEST ARKANSAS:
A RESOLUTION TO AWARD BID # 17-24 AND AUTHORIZE THE PURCHASE OF
THREE 2017 TOYOTA TACOMAS FROM STEVE LANDERS TOYOTA OF
NORTHWEST ARKANSAS IN THE TOTAL AMOUNT OF $65,400.00 FOR USE BY
THE WATER AND SEWER OPERATIONS DIVISION
Attachments: STEVE LANDERS TOYOTA OF NORTHWEST ARKANSAS
A.3 2017-0160
ARKANSAS MUNICIPAL EQUIPMENT, INC.:
A RESOLUTION TO AWARD BID NO. 17-23 AND AUTHORIZE THE PURCHASE OF
A PETERBILT 520 FRONT LOAD REFUSE TRUCK WITH NEW WAY MAMMOTH
BODY FROM ARKANSAS MUNICIPAL EQUIPMENT, INC. IN THE AMOUNT OF
$240,592.00 FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION
Attachments: ARKANSAS MUNICIPAL EQUIPMENT, INC.
City of Fayetteville, Arkansas Page 2 Printed on 4/13/2017
City Council Meeting
A. 4 2017-0161
WILLIAMS TRACTOR:
A. 5
A. 6
A. 7
Meeting Agenda - Final Agenda
April 18, 2017
A RESOLUTION TO APPROVE THE PURCHASE OF SIX (6) HUSTLER SUPER Z
MOWERS FROM WILLIAMS TRACTOR OF FAYETTEVILLE IN THE TOTAL
AMOUNT OF $62,345.00 PURSUANT TO A STATE PROCUREMENT CONTRACT FOR
USE BY THE PARKS AND RECREATION DEPARTMENT
Attachments: WILLIAMS TRACTOR
?017-0110
SUPERIOR AUTOMOTIVE GROUP, TRANSPORTATION DEPT.:
A RESOLUTION TO AWARD BID #17-26 AND AUTHORIZE THE PURCHASE OF
FIVE (5) 2017 FORD F-550 TRUCKS FROM SUPERIOR AUTOMOTIVE GROUP OF
SILOAM SPRINGS, ARKANSAS IN THE TOTAL AMOUNT OF $313,256.00 FOR USE
BY THE TRANSPORTATION SERVICES DEPARTMENT
Attachments: SUPERIOR AUTOMOTIVE GROUP, TRANSPORTATION DEPT.
')017_041'1
SUPERIOR AUTOMOTIVE GROUP, WATER & SEWER DEPT.:
A RESOLUTION TO AWARD BID #17-26 AND AUTHORIZE THE PURCHASE OF
TWO (2) 2017 FORD F-550 DIESEL TRUCKS AND A FORD F-250 PICKUP TRUCK
FROM SUPERIOR AUTOMOTIVE GROUP OF SILOAM SPRINGS, ARKANSAS IN THE
TOTAL AMOUNT OF $149,375.00 FOR USE BY THE WATER AND SEWER
OPERATIONS DIVISION
Attachments: SUPERIOR AUTOMOTIVE GROUP, WATER & SEWER DEPT.
2017-0174
HILBILT SALES CORPORATION:
A RESOLUTION TO AWARD BID #17-29 AND AUTHORIZE THE PURCHASE OF A
CLEMENT STARLITE 3829 DUMP TRAILER FROM HILBILT SALES CORPORATION
OF BENTON, ARKANSAS IN THE AMOUNT OF $39,794.00 PLUS APPLICABLE
TAXES FOR USE AT THE CITY WASTEWATER TREATMENT FACILITIES
Attachments: HILBILT SALES CORPORATION
City of Fayetteville, Arkansas Page 3 Printed on 4/13/2017
City Council Meeting Meeting Agenda - Final Agenda April 18, 2017
A. 8
A. 9
A. 10
Nn1'7_n1 '7)
CH2M HILL ENGINEERS, INC.:
A RESOLUTION TO APPROVE AN OUT -OF -SCOPE AGREEMENT WITH CH2M HILL
ENGINEERS, INC. IN THE AMOUNT OF $19,998.00 FOR DESIGN REVISIONS TO THE
ACCESS ROAD AND BERMS AT THE LAKE SEQUOYAH SEDIMENT REMOVAL
PROJECT
Attachments: CH2M HILL ENGINEERS, INC.
2017-0178
WATERSHED CONSERVATION RESOURCE CENTER:
A RESOLUTION TO APPROVE TASK ORDER NO. 5 WITH THE WATERSHED
CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $100,500.00 FOR
CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR
ADJUSTMENTS TO EXISTING RESTORATION AREAS TO ENHANCE STREAM
CHANNEL STABILITY
Attachments: WATERSHED CONSERVATION RESOURCE CENTER
2017-0191
PLAY BY DESIGN, INC.:
A RESOLUTION TO AWARD RFP NO. 17-03 AND AUTHORIZE A CONTRACT WITH
PLAY BY DESIGN, INC. IN THE AMOUNT OF $299,990.91 FOR THE
CONSTRUCTION OF THE ROTARY CLUB OF FAYETTEVILLE PLAYGROUND AT
KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $30,000.00
Attachments: PLAY BY DESIGN, INC.
City of Fayetteville, Arkansas Page 4 Printed on 4/13/2017
City Council Meeting Meeting Agenda - Final Agenda April 18, 2017
A. 11 2017-0132
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC:
A RESOLUTION TO APPROVE AMENDMENT NO. 6 TO THE CONTRACT WITH
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF
$100,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER
WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION
CONTROL AND ECOLOGY COMMISSION, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC
BA - MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC
B. Unfinished Business: NONE
C. New Business:
C. 1 2017-0180
BENCHMARK CONSTRUCTION OF NWA, INC.:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH
BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $195,377.00
FOR THE CONSTRUCTION OF A BATHROOM AND STORAGE BUILDING AT THE
FIRE DEPARTMENT TRAINING FACILITY, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $29,306.55, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: BENCHMARK CONSTRUCTION OF NWA, INC.
B.A._BENCHMARK CONSTRUCTION OF NWA, INC.
C.2 2017-0170
FAYETTEVILLE COMMERCE PARK, PETER O. KOHLER, LLC:
A RESOLUTION TO SELL ABOUT 14.9 ACRES OF LAND IN THE COMMERCE
DISTRICT TO PETER O. KOHLER, LLC FOR $223,500.00
Attachments: FAYETTEVILLE COMMERCE PARK, PETER O. KOHLER, LLC
City of Fayetteville, Arkansas Page 5 Printed on 4/13/2017
City Council Meeting Meeting Agenda - Final Agenda April 18, 2017
C. 3
C. 4
C. 5
It11'7_1)1 Q7
VAC 17-5749 (495 W. PRAIRIE STJINFILL GROUP):
AN ORDINANCE TO APPROVE VAC 17-5749 FOR PROPERTY LOCATED AT 423
WEST PRAIRIE STREET TO VACATE A PORTION OF A DRAINAGE EASEMENT
CONTAINING APPROXIMATELY 40 SQUARE FEET
Attachments: VAC 17-5749 (495 W. PRAIRIE ST.JNFILL GROUP)
2017-0182
RZN 17-5734 (1722 N. STARR DR./ST. JOSEPH'S SCHOOL):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5734 FOR ABOUT 26.09 ACRES LOCATED AT 1722 NORTH
STARR DRIVE FROM R -A, RESIDENTIAL AGRICULTURAL AND RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO P-1, INSTITUTIONAL
Attachments: RZN 17-5734 (1722 N. STARR DUST. JOSEPH'S SCHOOL)
7(11'7_O1 QA
RZN 17-5732 (1840 W.POPLAR ST./POPLAR ST. MOBILE HOME PARK):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5732 FOR ABOUT 9.20 ACRES LOCATED AT 1840 WEST POPLAR
STREET FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO
CS, COMMUNITY SERVICES
Attachments: RZN 17-5732 (1840 W. POPLAR ST./POPLAR ST. MOBILE HOME PARK)
City of Fayetteville, Arkansas Page 6 Printed on 4/13/2017
City Council Meeting Meeting Agenda - Final Agenda April 18, 2017
C.6 2017-0194
AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS
AGREEMENT:
AN ORDINANCE TO AMEND ORDINANCE 3898 BY REMOVING APPROXIMATELY
1.7 ACRES FROM THE LAKE FAYETTEVILLE NATURE STUDY CENTER RESERVE,
TO APPROVE AN AMENDMENT TO THE JOINT LEASE AGREEMENT WITH THE
FAYETTEVILLE SCHOOL DISTRICT TO REFLECT THE REMOVAL OF THE 1.7
ACRES, TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN LAND
LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS,
INC. TO ADD APPROXIMATELY 1.7 ACRES TO THE LEASED PREMISES, AND TO
APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN OF THE OZARKS
MASTER PLAN TO ADD AN OPERATIONS CENTER ON THE ADDITIONAL
ACREAGE
Attachments: AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS AI
C.7 2017-0195
UNIVERSITY OF ARKANSAS, WEST HOTZ DRIVE:
A RESOLUTION PURSUANT TO ORDINANCE NO. 5652 TO AUTHORIZE MOTOR
VEHICLE ACCESS TO WEST HOTZ DRIVE FROM PROPERTY OWNED BY THE
UNIVERSITY OF ARKANSAS
Attachments: UNIVERSITY OF ARKANSAS, WEST HOTZ DRIVE
ADDITIONAL_ UNIVERSITY OF ARKANSAS, WEST HOTZ DRIVE
C.8 2017-0176
ENACT ARTICLE XXXI EQUIPMENT COMMITTEE AND ARTICLE XXXII
SUBSTITUTION FOR ABSENT FELLOW CITY COUNCIL WARD MEMBER:
AN ORDINANCE TO ENACT ARTICLES XXXI AND XXXII OF THE FAYETTEVILLE
CODE TO CODIFY MEMBERSHIP AND DUTIES OF THE EQUIPMENT COMMITTEE
AND TO PROVIDE FOR A CITY COUNCIL MEMBER TO SUBSTITUTE FOR AN
ABSENT WARD REPRESENTATIVE ON A STANDING CITY COUNCIL COMMITTEE
Attachments: ENACT ARTICLE XXXI EQUIPMENT COMMITTEE AND ARTICLE XXXII SUB!
D. City Council Agenda Session Presentations:
E. City Council Tour:
City of Fayetteville, Arkansas Page 7 Printed on 4/13/2017
City Council Meeting Meeting Agenda - Final Agenda April 18, 2017
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.
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 8 Printed on 4/13/2017
City Council Meeting Meeting Agenda - Final Agenda April 18, 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 9 Printed on 4/13/2017
Legistar ID No.: 2017-0195
AGENDA REQUEST FORM
FOR: Council Meeting of April 18, 2017
FROM: City Council Transportation Committee
City Council Member Matthew Petty, Chair
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION PURSUANT TO ORDINANCE NO. 5652 TO AUTHORIZE MOTOR
VEHICLE ACCESS TO WEST HOTZ DRIVE FROM PROPERTY OWNED BY THE
UNIVERSITY OF ARKANSAS
APPROVED FOR AGENDA:
Cit Council Member tthew Petty
goi ation Commi e Chair
Asst. City Attorney Blake Pennington
w (o Zoe
Date
A41�)11-:�—
Date
Alderman Adella Gray
Ward 1 Position 1
Alderman Sarah Marsh
Ward 1 Position 2
Alderman Mark Kinion
Ward 2 Position 1
Alderman Matthew Petty
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
City Council Meeting Minutes
April 4, 2017
Page 1 of 6
Alderman Justin Tennant
Ward 3 Position 1
Alderman Sarah Bunch
Ward 3 Position 2
Alderman John La Tour
Ward 4 Position 1
A erman Alan T. Long
d 4 Position 2
4,
April 4, 2017
A meeting of the Fayetteville City Council was held on April 4, 201' `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 Adella Gray, Sarah Marsh, Matthew Petty, Justin Tennant, Sarah
Bunch, John La Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City
Clerk Sondra Smith, Staff, Press, and Audience.
Alderman Justin Tennant arrived at 5:40 p.m. Alderman Mark Kinion was absent.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
Nominating Committee Report -A&P Commission Nominees:
Alderman Bunch presented the Nominating Committee Advertising & Promotion Commission
report and recommended the appointments as submitted.
A copy of the report is attached.
Alderman Marsh: The Nominating Committee did not have an opportunity to interview these
candidates. I will be voting no on a procedural basis. A process is important and we should be
consistent in all of our nominations. I'm not voting against these particular applicants.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
April 4, 2017
Page 2 of 6
Alderman Petty: The city had these applicant names for almost three weeks for the A&P
Commission. In the past when the Nominating Committee wanted to have an input over A&P
Commission nominations they have interviewed the applicants prior to the names being considered
by the A&P Commission so the Commission could have the Nominating Committees opinions in
hand whenever they made their recommendation to Council. The City Attorney memos in the past
have said it is improper for the City Council to consider other names after the A&P Commission
has made their nominations. It is a statutory process that the Commission makes the nominations
themselves. It is appropriate to involve the Nominating Committee, but the proper procedure is for
the applicants to be interviewed in the time between when the applications are received and the
Commission considers the names.
Alderman Long moved to approve the Nominating Committee Advertising & Promotion
Commission Report as read. Alderman Gray seconded the motion. Upon roll call the motion
passed 4-1. Alderman Petty, Bunch, Long, and Gray v "ng yes. Alderman La Tour
abstained. Alderman Tennant and Kinion were absent.
Agenda Additions:
Consent: 4kp
Approval of the March 21, 2017 City oun,.1� eting Mutes.
Approved
Wings Avionics, Inc.: A resolution to approve a three year lease agreement with Wings Avionics,
Inc. for the airport hangar at 421 Ernest Lancaster Drive for rent in the amount of $1,606.49 per
month.
Resolution 81-17 as recorded in the office of the City Clerk
Cato Springs Trail Airspace Permit: A resolution to approve an Airspace Permit Agreement
with the Arkansas State Highway and Transportation Department for the Cato Springs Trail
crossing of Highway 71 and Interstate 49.
Resolution 82-17 as recorded in the office of the City Clerk
Alderman Marsh moved to accept the Consent Agenda as read. Alderman La Tour seconded
the motion. Upon roll call the motion passed 6-0. Alderman Petty, Bunch, La Tour, Long,
Gray, and Marsh voting yes. Alderman Tennant and Kinion were absent.
Unfinished Business: None
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov