Tuesday, February 16, 2016

City Council meeting agenda Feb. 16, 2016

City of Fayetteville, Arkansas


113 West Mountain Street
Fayetteville, AR 72701
479-575-8323 



City Council Meeting


February 16, 2016
5:30 p.m.


City Hall Room 219
City Council

Adella Gray Ward 1
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 Treasurer Sondra Smith
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 2015-0641 APPROVAL OF THE FEBRUARY 2, 2016 CITY COUNCIL MEETING MINUTES.


A.2 2016-0009 MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC AMENDMENT NO. 3: A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $25,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET ADJUSTMENT





B.Unfinished Business:  None

C.Public Hearing:

C.1 2016-0059 RAZE AND REMOVAL AND CLEAN-UP AT 550 W. SKELTON STREET: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE AND CLEAN-UP OF UNSANITARY AND UNSIGHTLY CONDITIONS ON PROPERTY OWNED BY U.S. BANK NATIONAL ASSOCIATION LOCATED AT 550 W. SKELTON STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT




C.2 2016-0058 RAZE AND REMOVAL 1180 E. HUNTSVILLE ROAD: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY AARON KENDALL KIRK AND JOHN PAUL KEARY LOCATED AT 1180 E. HUNTSVILLE ROAD IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT




D.New Business:

D.1 2016-0067 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4: A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $79,500.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS TO EXISTING RESTORATION AREAS TO ENHANCE STREAM CHANNEL STABILITY



D.2 2016-0056 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION ONE-YEAR CONTRACT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,017.86 FOR A STORMWATER EDUCATION PROGRAM FOR 2016



D.3 2016-0065 AMEND THE MASTER STREET PLAN: A RESOLUTION TO AMEND THE MASTER STREET PLAN BY RECLASSIFYING NORTH COLLEGE AVENUE BETWEEN MAPLE STREET AND NORTH STREET FROM FIVE LANE PRINCIPAL ARTERIAL WITH AN 87 FOOT RIGHT OF WAY TO A FOUR LANE THOROUGHFARE WITH A 63 FOOT RIGHT OF WAY



D.4 2016-0064 VAC 15-5280 (5 W. APPLEBY RD./WRMC OFFICES): AN ORDINANCE TO APPROVE VAC 15-5280 SUBMITTED BY USI CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 5 W. APPLEBY ROAD TO VACATE PORTIONS OF SEWER AND DRAINAGE EASEMENTS



D.5 2016-0060 VAC 15-5287 (SW CORNER OF PERSIMMON & MTN.RANCH BLVD./PARK HILL MTN. RANCH): AN ORDINANCE TO APPROVE VAC 15-5287 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PERSIMMON AND MOUNTAIN RANCH BOULEVARD TO VACATE PORTIONS OF UTILITY EASEMENTS



D.6 2016-0062 VAC 16-5303 (4200 W. MAHOGANY DR./BRADFORD): AN ORDINANCE TO APPROVE VAC 16-5303 SUBMITTED BY REID AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 4200 WEST MAHOGANY TO VACATE A PORTION OF UTILITY EASEMENT



D.7 2016-0061 RZN 15-5240 (2514 W. LORI RD./RAZORBACK GOLF COURSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5240 FOR APPROXIMATELY 128 ACRES LOCATED AT 2514 WEST LORI ROAD FROM R-A, RESIDENTIAL-AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE; AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO R-A, RESIDENTIAL-AGRICULTURAL; RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION; AND NS, NEIGHBORHOOD SERVICES, SUBJECT TO A BILL OF ASSURANCE



D.8 2016-0057 AMEND § 72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES: AN ORDINANCE TO AMEND § 72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES (M) TO LIMIT THE MAYOR’S AUTHORITY TO ASSIGN ANY CITY OWNED PAID PARKING LOTS OR ON-STREET PAID PARKING SPACES WITHIN THE ENTERTAINMENT DISTRICT OR THE CLOSURE OF CITY STREETS FOR THE USE OF A PERMITTED SPECIAL EVENT TO NOT MORE THAN TWO (2) DAYS PER YEAR WITHOUT EXPRESS APPROVAL OF THE CITY COUNCIL




E.City Council Agenda Session Presentations:

E.1 2015-0587 AGENDA SESSION PRESENTATION: AIRPORT UPDATE BY JOHNNY ROSCOE, AIRPORT DIRECTOR


E.2 2016-0043 AGENDA SESSION PRESENTATION: QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION, CHUNG TAN


F.City Council Tour:

G.Announcements:

H.Adjournment
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Just raise the millage to support firefighters' and police officers' pension!!!!


Fayetteville attorney proposes plan to save old fire, police pensions

By Dan Holtmeyer
Posted: February 16, 2016 at 1 a.m.
FAYETTEVILLE -- The city attorney proposes voters decide whether to pay more property taxes for about 90 retired police officers, firefighters and their widows' pensions.
The pensions are covered by the city's old Firemen's and Policemen's Relief and Pension Funds, which closed to new members three decades ago. They each take in 0.4 mills in property taxes, or about $24 a year combined for the owner of a $150,000 home, and are both running out of money. In a memo to City Council members, City Attorney Kit Williams suggested asking voters to bump the tax up to 0.7 mills.
By the numbers
Fayetteville Firemen’s Pension and Relief Fund
• Members: 51
• Benefit: About 90 percent of ending salary
• Average yearly benefit: $26,575
• Lowest yearly benefit: $1,308
• Highest yearly benefit: $73,308
Policemen’s Pension and Relief Fund
• Members: 42
• Benefit: About 90 percent of ending salary
• Average yearly benefit: $35,034
• Lowest yearly benefit: $4,872
• Highest yearly benefit: $94,752
Source: City of Fayetteville
The changes would cost the same homeowner another $18 a year while perhaps bringing an end to a yearslong dispute over the funds. The increase could make the funds solvent, allow them to consolidate with Arkansas' healthier pension system and bypass legal questions about the funds' fates all at once, Williams said.
But first the plan goes to the City Council. Several council members last week said the city must take care of the people who worked to protect others, but they're also ambivalent about shelling out more money to help pension boards that have led their funds toward an approaching dead end. They said a public vote might be the easiest option to accept.
"I don't like the way we got here as a city. I don't like the way that group's board of directors kept raising their rates without, in my opinion, the thought of what was going to happen in the future," said Justin Tennant, an alderman representing Ward 3. "But that is where we are now, and there's no denying it, and there's no getting around it."
Meanwhile, some pension board members are convinced the council could simply raise the millage itself and save the time and trouble of an election.
"I think it's taking the heat off the City Council members -- it is an election year," said Pete Reagan, a retired firefighter who's one of 51 beneficiaries of the firemen's fund, according to documents presented at the board's January meeting. The police fund pays 42 people.
The city switched police and fire pensions to the Arkansas Local Police and Fire Retirement System, commonly called LOPFI, in 1983, closing the funds to new members.
The old pension funds' problems stretch back years. They started out paying 50 percent of members' ending salaries, but the boards, which are mostly retirees, have gradually raised those benefits to about 90 percent, each time with an actuary's opinion that the funds could handle it. Beneficiaries aren't eligible for Social Security and often rely on their pensions, board members have said.
Now, a pensioner receives an average of $30,395 per year, or roughly $3 million every year for all 93 beneficiaries.
As a result, the pensions are paying out hundreds of thousands of dollars more each year than they bring in through city and state taxes and investment income. The firemen's fund is expected to run out in less than a decade, while the police fund is somewhat healthier but still dwindling.
Last fall the firemen's board approached the City Council with the idea of consolidating with LOPFI to save the fund. Council members balked at the prospect of committing an unknown amount of money, which the city would pay if LOPFI's own income wasn't enough for the fund, and criticized the fund's handling.
That's where several legal disputes between both boards and Williams come in. Williams said he believes the city's owing general fund money to LOPFI would be an unconstitutional extension of credit, the boards could reduce benefits to save money and it's unclear if the City Council can change the millage on its own.
Board members disagree on all points, saying the funds are the city's responsibility and asserting voters half a century ago gave the council permission to levy up to 1 mill for the pension funds.
Those questions all remain contested, but Williams said a plan combining the LOPFI consolidation plus a public vote on a millage increase would sidestep them. The city wouldn't take money away from its other functions, avoiding the credit quandary. The board wouldn't need to reduce benefits but also wouldn't increase them further, at least under the past version of the LOPFI agreement. And the will of the people would trump questions on the council's authority.
Finally, the 0.3-mill increase would inject about $400,000 each year into each fund, which should be enough to keep them going, Williams said.
"In my opinion, we should do everything possible to ensure the legality and constitutionality of taxes before they are levied and imposed," Williams wrote in his memo. "In this case, that would include trusting our voters and obeying their decision."
Paul Becker, the city's chief financial officer, cautioned against counting on a set millage when the funds' investment income can't be guaranteed. In an email to council members, Becker suggested asking voters to allow up to 1 mill. Williams replied he believed 0.7 mills would do better in a vote.
Tennant said the number is the first thing to decide. After that, council members broadly agreed with Williams' general idea.
"I think at this point it does need to go to the voters to approve any additional millage increase," said Alan Long, Ward 4 alderman, adding that he preferred a range to a set millage amount. "We're going to have to have a very serious discussion during a City Council session."
John La Tour, the other Ward 4 alderman, last year often said any solution should go to a public vote. Last week he said he still felt that way but added the boards should have kept the funds healthy.
"In my mind, those four firemen breached that duty," he said, referring to the retirees on the firemen's board. "I prefer it to be a public vote, but I don't know that I'd campaign for it."
Reagan said Friday he still believed the council could raise the millage but welcomed the proposal.
"We're looking for resolution -- we've been looking for quite some time," he said.
NW News on 02/16/2016
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Tuesday, February 2, 2016

Feb 2 2016 city-counci agenda and backup materiall

City of Fayetteville, Arkansas


113 West Mountain Street
Fayetteville, AR 72701
479-575-8323 



City Council Meeting


February 2, 2016
5:30 p.m.


City Hall Room 219
City Council

Adella Gray Ward 1
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 Treasurer Sondra Smith
Call To Order

Roll Call

Pledge of Allegiance

Mayor’s Announcements, Proclamations and Recognitions

1.2016-0049 BARRETT BABER PROCLAMATION


City Council Meeting Presentations, Reports and Discussion Items:

Agenda Additions:

A.Consent:

A.1 2015-0640 APPROVAL OF THE JANUARY 19, 2016 CITY COUNCIL MEETING MINUTES.


A.2 2016-0003 ANIMAL SERVICES DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $21,573.00 REPRESENTING DONATION REVENUE TO ANIMAL SERVICES RECEIVED DURING THE THIRD AND FOURTH QUARTERS OF 2015




A.3 2016-0021 LEWIS AUTOMOTIVE GROUP OF FAYETTEVILLE: A RESOLUTION TO APPROVE THE PURCHASE OF A 2016 DODGE RAM 1500 TRADESMAN QUAD CAB 4X4 FROM LEWIS AUTOMOTIVE GROUP OF FAYETTEVILLE IN THE AMOUNT OF $22,995.00, PURSUANT TO A STATE PROCUREMENT CONTRACT, FOR USE BY THE ENGINEERING DIVISION



A.4 2016-0016 BID #16-18 UTILITY SERVICE COMPANY, INC.: A RESOLUTION TO AWARD BID #16-18 AND AUTHORIZE A CONTRACT WITH UTILITY SERVICE COMPANY, INC. IN THE AMOUNT OF $1,133,510.00 FOR THE BAXTER AND MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $113,351.00, AND TO APPROVE A BUDGET ADJUSTMENT




A.5 2016-0005 ENVIRONMENTAL CONSULTING OPERATIONS, INC. AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $50,000.00 FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT THROUGH 2016



A.6 2016-0017 KEE, LLC AND SERVPRO OF FAYETTEVILLE/SPRINGDALE: A RESOLUTION PURSUANT TO FAYETTEVILLE CODE OF ORDINANCES SECTION 39.10(C)(4) TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $11,695.64 TO KEE, LLC AND $5,290.40 TO SERVPRO OF FAYETTEVILLE/SPRINGDALE FOR A WASTEWATER DAMAGE CLAIM ARISING AT 620 N. ROCKCLIFF ROAD



A.7 2016-0012 PRECISION RESCUE, LLC DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $200.00 REPRESENTING DONATION REVENUE FROM PRECISION RESCUE, LLC TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT




A.8 2016-0013 FAYETTEVILLE FIREFIGHTERS ASSOCIATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $750.00 REPRESENTING DONATION REVENUE FROM THE FAYETTEVILLE FIREFIGHTERS ASSOCIATION TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT




A.9 2016-0011 GRANT THORNTON LLP: A RESOLUTION TO APPROVE A CONTRACT WITH GRANT THORNTON LLP IN THE AMOUNT OF $97,500.00 TO PROVIDE INDEPENDENT AUDIT SERVICES TO THE CITY OF FAYETTEVILLE



A.10 2016-0025 PACIFIC VET GROUP-USA, INC.: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR 2015 TO APPROPRIATE THE NON-CASH REPURCHASE OF APPROXIMATELY 24 ACRES IN THE FAYETTEVILLE COMMERCE DISTRICT FROM PACIFIC VET GROUP-USA, INC.




A.11 2016-0024 FRANK SHARUM LANDSCAPE DESIGN, INC.: A RESOLUTION TO AWARD BID #16-17 AND AUTHORIZE A CONTRACT WITH FRANK SHARUM LANDSCAPE DESIGN, INC. IN THE AMOUNT OF $148,743.00 FOR THE INSTALLATION OF TREES AND SHRUBS WITHIN THE MEDIANS OF CROSSOVER ROAD AND VAN ASCHE DRIVE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00



A.12 2016-0026 EWING SIGNAL CONSTRUCTION, LLC: A RESOLUTION TO APPROVE A CONTRACT WITH EWING SIGNAL CONSTRUCTION, LLC OF NIXA, MISSOURI IN THE AMOUNT OF $100,041.50 FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF VAN ASCHE DRIVE AND GARLAND AVENUE (HIGHWAY 112), AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00



A.13 2016-0037 ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT: A RESOLUTION TO APPROVE A PAYMENT OF $359,587.42 TO THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE DESIGN AND CONSTRUCTION OF THE HIGHWAY 45/OLD WIRE ROAD SIGNAL AND INTERSECTION IMPROVEMENTS PROJECT



A.14 2016-0023 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA FUNDING: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $136,992.00 FOR THE POLICE DEPARTMENT




B.Unfinished Business:  None

C.New Business:

C.1 2016-0022 IN-HOUSE PAVEMENT IMPROVEMENTS PROJECT: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT REAPPROPRIATING FUNDS IN THE AMOUNT OF $500,000.00 FROM THE WILLOW BEND DEVELOPMENT COST SHARE PROJECT TO THE IN-HOUSE PAVEMENT IMPROVEMENTS PROJECT FOR 2016




C.2 2016-0010 RESCUE PHONE, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A CRISIS RESPONSE SYSTEM FROM RESCUE PHONE, INC. IN THE AMOUNT OF $22,985.00 PLUS APPLICABLE TAXES FOR USE BY THE POLICE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT




C.3 2016-0031 RZN 15-5268 (NORTH OF 812 S. COLLEGE AVE./CAMERON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5268 FOR APPROXIMATELY 0.53 ACRES LOCATED NORTH OF 812 SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE



C.4 2016-0030 VAC 15-5277 (327 S. WEST AVE./HABITAT FOR HUMANITY, WASHINGTON COUNTY): AN ORDINANCE TO APPROVE VAC 15-5277 SUBMITTED BY SPECIALIZED REAL ESTATE, INC. FOR PROPERTY LOCATED AT 327 SOUTH WEST AVENUE TO VACATE PORTIONS OF STREET AND ALLEY RIGHTS-OF-WAY



C.5 2016-0032 VAC 15-5279 (660 W. MLK BLVD./WALMART NEIGHBORHOOD MARKET): AN ORDINANCE TO APPROVE VAC 15-5279 SUBMITTED BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY LOCATED AT 660 WEST MARTIN LUTHER KING BOULEVARD TO VACATE PORTIONS OF UTILITY EASEMENTS



C.6 2016-0027 VAC 15-5281 (1211 W. JAMES ST./HAVEN CAMPUS COMMUNITIES): AN ORDINANCE TO APPROVE VAC 15-5281 SUBMITTED BY BLEW AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1211 WEST JAMES STREET TO VACATE PORTIONS OF UTILITY AND DRAINAGE EASEMENTS



C.7 2016-0028 ADM 15-5270 (SOUTHWEST CORNER OF PERSIMMION AND MOUNTAIN RANCH/PARKHILL AT MOUNTAIN RANCH PZD MODIFICATION): AN ORDINANCE TO MODIFY R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 12-4284 (PARKHILL AT MOUNTAIN RANCH) TO SLIGHTLY REDUCE THE TOTAL AREA AND THE NUMBER OF LOTS AND TO REPLACE AN ALLEY WITH SHARED DRIVEWAYS



D.City Council Agenda Session Presentations:

E.City Council Tour:

F.Announcements:

G.Adjournment
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