HomeMy WebLinkAbout2011-12-06 - Agenda With Final Results Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
December 6, 2011
A meeting of the Fayetteville City Council will be held on December 6, 2011 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:
1. Quarterly Financial Report—Paul Becker
Agenda Additions:
A. Consent:
1. Approval of the November 15, 2011 City Council meeting minutes. APPROVED
2. Animal Services Division Donation: A resolution approving a budget adjustment in the
amount of$20,000.00 representing donation revenue to the Animal Services Division by
the estate of Susannah A. Porter and expressing gratitude for the bequest.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 204-11
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3. Premier Lighting Group: A resolution to award a bid for 37 LED light fixtures and
poles from Premier Lighting Group in the amount of$70,661.00.
THIS ITEM WAS REMOVED FROM CONSENT AND TABLED TO THE
DECEMBER 20, 2011 CITY COUNCIL MEETING.
4. KME Renegade Pumper Fire Truck: A resolution to approve a budget adjustment to
reflect $28,550.00 for revenue received because of the sale of a 1997 KME Renegade
Pumper Fire Truck.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-11
5. State and Federal Forfeiture Revenue: A resolution approving a budget adjustment to
recognize state and federal forfeiture revenue and to approve expenditures therefrom, in
the amount of$372,107.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-11
6. Fayetteville Police Department Donation Revenue: A resolution approving a budget
adjustment in the amount of $235.00 to recognize donation revenue to the Fayetteville
Police Department in support of general recognition and officer service awards.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-11
7. Mullins Branch Stream Restoration Task Order No. 3: A resolution to approve Task
Order No. 3, Mullins Branch Stream Restoration to the August 3, 2010 Memorandum of
Understanding between the City and the Watershed Conservation Resource Center and to
approve a Memorandum of Understanding between the City, University and Resource
Center for the project which will cost the City $25,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-11
8. Richard L. Watson Settlement Agreement: A resolution approving a settlement
agreement with Richard L. Watson, concerning condemnation litigation filed as part of
the Cato Springs Road Improvement Project, in the total amount of$9,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-11
9. FEMA Reimbursement: A resolution to approve the attached budget adjustment to
reimburse city divisions for expenditures caused by the spring flood and reimbursed by
FEMA and/or the State of Arkansas.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-11
10. Midtown Alley: A resolution to name the alley that runs from Dickson Street south
toward Center Street between School Avenue and Locust Avenue for 911 purposes
"Midtown Alley."
THIS ITEM WAS REMOVED FROM CONSENT AND TABLED TO THE
DECEMBER 20, 2011 CITY COUNCIL MEETING.
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11. Pick-It Construction, Inc.: A resolution to approve a contract between the City of
Fayetteville and Pick-It Construction, Inc. in the amount of not-to-exceed $111,054.00
for construction of dugouts and bleacher covers at Walker Park and to approve a budget
adjustment of$16,419.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-11
B. Unfinished Business:
1. 2012 Annual Budget and Work Program: A resolution adopting the 2012 Annual
Budget and Work Program. This resolution was tabled at the November 15, 2011 City
Council meeting to the December 6, 2011 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 212-11
2. ADM 11-3782 Cottage House Development: An ordinance to enact §164.22 Cottage
Housing Development into the Unified Development Code, to amend §162.01 to add
(RR) Unit 44 Cottage Housing Development and to amend Chapter 161 Zoning District
to authorize Cottage Housing Developments as a right in multi-family residential districts
and as a conditional use in single family residential districts. This ordinance was left on
the Second Reading at the November 15, 2011 City Council meeting.
Left on the Second Reading
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5462
C. Public Hearing:
1. Green Cab Company: A resolution to approve a certificate of Public Convenience and
Necessity for the Green Cab Company to operate within the City of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 213-11
D. New Business:
1. Amend §94.05 Use of Fireworks: An ordinance to Amend §94.05 Use of Fireworks of
the Fayetteville Code by amending(F) to replace "First Night'with"Last Night'.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5463
2. RZN 11-3960 (1730 N. Old Wire Road) Appeal: An ordinance rezoning that property
described in rezoning petition RZN 11-3960, for approximately 8.60 acres, located at
1730 North Old Wire Road from RSF-4, Residential Single-Family, 4 units per acre to
NC,Neighborhood Conservation, subject to a Bill of Assurance.
THIS ITEM WAS LEFT ON THE SECOND READING.
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3. Hilton Garden Inn Tree Preservation Area Modification: A resolution to vacate
about one-tenth of an acre of a tree preservation easement to be mitigated by the planting
of 29 large species trees and developing the lot utilizing low impact development
standards.
TABLED TO THE DECEMBER 20, 2011 CITY COUNCIL MEETING.
4. Bellafont Gardens Tree Preservation Area Modification: A resolution to approve a
modification of the tree preservation area in the Bellafont Gardens development to shift
about one-half acre of tree preservation area from Lot 1 to Lot 4.
TABLED TO THE DECEMBER 20, 2011 CITY COUNCIL MEETING
5. ADM 11-3994 (Forest Hills R-PZD Amendment No. 1): An ordinance amending a
Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to revise the
concept plan and zoning criteria for Planning Area Three, reducing the number of
dwelling units from 354 units to 240 units.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5464
6. Repeal and Replace §34.27 Sale of Municipally Owned Real Property: An ordinance
to repeal §34.27 of the Code of Fayetteville and to enact a replacement §34.27 Sale of
Municipally Owned Real Property of the Code of Fayetteville and to enact an emergency
clause.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5465
7. Springdale Water and Sewer Commission Easement: A resolution to approve the sale
of a permanent water/sewer easement of 0.383 acres and a temporary construction
easement adjoining the permanent water/sewer easement along Highway 265 to the
Springdale Water and Sewer Commission for $3,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 214-11
8. Amend Chapter 92: An ordinance amending Section 92.01 Definitions, repealing and
replacing Section 92.20 Annual License and Tag, amending Section 92.24 Redemption of
Animals, repealing Section 92.33 Animal Hobbyist Permit of Chapter 92: Animals of the
Code of Fayetteville to remove animal licensing requirements and enact animal
microchipping requirements, and providing for an effective date.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5466
9. Amend §50.40 Rates for Services: An ordinance to amend §50.40 Rates for Services of
the Fayetteville Code by enacting a new subsection (13)(6) to charge $.95 per month per
multi-family unit for recycling services when offered.
THIS ITEM WAS LEFT ON THE FIRST READING.
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10. Northwest Arkansas Economic Development District: An ordinance waiving the
requirements of formal competitive bidding and approving a contract between the City of
Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in
the amount of$53,350.00 to provide public recreation services for the senior citizens of
Fayetteville for 2012.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5467
11. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal
competitive bidding and approving a contract between the City of Fayetteville, Arkansas
and the Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public
recreation services for the youth and citizens of Fayetteville for 2012.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5468
Announcements:
Adjournment: 11:01 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:
(a) 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.
(b) 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.
(c) Old business and new business.
(i) 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 aides in a City Council meeting as part of their presentation.
(ii) 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.
(d) 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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
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