HomeMy WebLinkAbout2014-02-18 - Agenda With Final Results Aldermen
Mayor Lioneld Jordan Ward I Position 1 —Adella Gray
a e e Ward 1 Position —Sarah Marsh
City Attorney
Attorney Kit Williams Ward 2 Position —Mark Kinion
Ward Position 2—Matthew Petty
City Clerk Sondra E.Smith TWard 3 Position 1—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 18, 2014
A meeting of the Fayetteville City Council will be held on February 18, 2014 at 6:00 PM 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:
1. Amend §92.01 Definitions, §92.23 Impoundment and §92.24 Redemption of
Animals: An ordinance to Amend §92.01 Definitions, §92.23 Impoundment and §92.24
Redemption of Animals of the Fayetteville Code to authorize the Animal Shelter to
accept livestock and set the redemption fee for their release.
LEFT ON THE FIRST READING
A. Consent:
1. Approval of the February 04, 2014 City Council meeting minutes. APPROVED
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2. McClelland Consulting Engineers, Inc. Task Order No. 10: A resolution to approve
Task Order No. 10 with McClelland Consulting Engineers, Inc. in the amount of
$36,050.00 for project design and bidding services associated with the Terminal Apron
Rehabilitation Project and to approve a budget adjustment of$36,050.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-14
3. Garver Engineers, LLC: A resolution approving a contract with Garver Engineers,
LLC in an amount not to exceed $352,879.00 for the design of Rupple Road from Starry
Night View to Mount Comfort Road, and to approve a budget adjustment of$352,879.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 34-14
4. Community Development Block Grant (CDBG) Agreement: A resolution authorizing
the Mayor to execute the Community Development Block Grant (CDBG) Agreement for
2014 when received in the estimated amount of $540,700.00 and approving the 2014
Action Plan.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 35-14
5. Amend Resolution No. 07-14: A resolution amending Resolution No. 07-14 to change
the awarding of Bid #14-04 for the purchase of hillside gravel from Leming & Son
Trucking, Inc. to Les Rogers, Inc. for materials picked up in the amount of$1.49 per ton
and authorizing the use of other bidders based on price and availability as needed through
the end of calendar year 2014.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 36-14
6. Combs Park Tree Mitigation: A resolution approving a budget adjustment in the total
amount of$4,250.00 to transfer a tree escrow balance for the planting of mitigation trees
in Combs Park.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 37-14
7. 2014 Keep America Beautiful/Dr. Pepper Snapple Group Grant: A resolution
authorizing application for a 2014 Keep America Beautiful/Dr. Pepper Snapple Group
grant in the amount of$6,800.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 38-14
8. Rotochopper Go — Bagger: A resolution approving a budget adjustment in the amount
of$18,500.00 to recognize revenue received from the auction and sale of Unit 479 - 2005
Rotochopper Go-Bagger 250.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 39-14
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B. Unfinished Business:
1. Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a
replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor
Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor
Mobile Vendors Located on Private Property. This ordinance was left on the First
Reading at the November 19, 2013 City Council meeting and tabled to the December
17, 2013 City Council meeting. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting and Tabled to the January 21, 2014 City
Council meeting. This ordinance was left on the First Reading at the January 21, 2014
City Council meeting and Tabled to the February 18, 2014 City Council meeting.
TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING
2. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that
property described in rezoning petition RZN 13-4538, for approximately 5.09 acres,
located at 731 S. Razorback Road from I-1, Heavy Commercial and Light Industrial, to
UT, Urban Thoroughfare. This ordinance was left on the First Reading at the
December 17, 2013 City Council meeting. This ordinance was left on the Second
Reading at the January 7, 2014 City Council meeting and Tabled to the February 4,
2014 City Council meeting. This ordinance was left on the Second Reading at the
February 5, 2014 City Council meeting and Tabled to the February 18, 2014 City
Council meeting.
TABLED INDEFINITELY
C. New Business:
1. Mt. Kessler Acquisition: A resolution to authorize Mayor Jordan to apply for and
accept a 50150 matching grant from the Walton Family Foundation in the amount of
$1,500,000.00, to use this grant and $1,600,000.00 out of reserves to purchase about 328
acres of Mt. Kessler from Chambers Bank and to build a trailhead, to approve a land
swap with Chambers Bank, to support a parkland dedication of about 48 acres for future
parkland credit and to approve the attached budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-14
2. Karcher North America, Inc.: A resolution to approve and certify the participation of
Karcher North America, Inc. in the Arkansas Tax Back Program and to agree to authorize
DF&A to refund city sales tax back to Karcher North America, Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41-14
3. ADM 13-4331 Amend Chapters 151, 162, 163 and 164: An ordinance to amend
§164.10 Garage and/or Agricultural and Produce Sales; §161.10 (X) Unit 24 Home
Occupation; §163.08 Home Occupations and §164.04 Urban Agriculture (fowl, bees, and
goats) of the Unified Development Code.
LEFT ON THE FIRST READING
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4. Teeco Safety, Inc.: An ordinance waiving the requirements of formal competitive
bidding and approving a contract with Teeco Safety, Inc. in the amount of $192,344.50
for the purchase of taser products.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5662
5. Kum & Go, L.C. Agreement: A resolution to approve the fourth amendment to land
sale agreement with Kum & Go, L.C. to extend the closing date to no later than April 21,
2014 and to agree to equally share the City's portion of the costs of a dedicated left turn
lane.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 42-14
6. Reappropriating Bonded, On-Going Capital Projects and Containing Obligations:
A resolution to amend the 2014 adopted budget by reappropriating $75,497,000.00 in
bonded or ongoing capital projects, outstanding obligations and grant funded items.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 43-14
7. RZN 13-4536 (4310 Martin Luther King Blvd./Edwards): An ordinance rezoning that
property described in rezoning petition RZN 13-4536, for approximately 0.74 acres
located on the north side of west Martin Luther King Boulevard near the border of
Farmington from R-A, Residential Agricultural to CS, Community Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5663
8. ADM 13-4603: (UDC Amendment Chapter 161, Use Unit 44, Cottage Housing
Development): An ordinance to amend Chapter 161 of the Unified Development Code
to authorize Cottage Housing Development (UU-44) into zoning districts in which it was
originally approved by Ordinance No. 5462.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5664
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. Announcements:
Adjournment: 9:45 p.m.
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NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait
for the Mayor to request public comment and then come to the podium, give your name, address, and
comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,
Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each
person is only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council
meetings:
Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting
should only be considered if it requires immediate City Council consideration and if the normal agenda
setting process is not practical. The City Council may only place such new item on the City Council
meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to
the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this
presentation period, but may be recalled by an alderman later to answer questions. Staff and
applicants may use electronic visual aids in a City Council meeting as part of their presentation.
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. No electronic visual aid presentations shall be
allowed, but 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 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.
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 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 575-8330.
A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113
W. Mountain, Fayetteville,Arkansas.
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