HomeMy WebLinkAbout2013-09-17 - Agenda With Final Results Aldermen
Mayor Lioneld Jordan Ward I Position 1 —Adella Gray
Faye eel e Ward 1 Position 2—Sarah Marsh
City Attorney Kit Williams Ward 2 Position 1—Mark Kinion
Ward Position 2—Matthew Petty
City Clerk Sondra Smith Ward 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
September 17, 2013
A meeting of the Fayetteville City Council will be held on September 17, 2013 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. Advertising and Promotion Commission Appointment — The Commission
recommends the appointment of Tim Freeman term ending 03/31/16
APPROVED
2. Historic District Commission Appointment—The Mayor recommends the appointment
Laura Chioldi term ending 06/30/14 and Steven Kay 06/30/16
APPROVED
3. Nominating Committee Report
APPROVED
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Agenda Additions: NONE
A. Consent:
1. Approval of the September 03, 2013 City Council meeting minutes.
MINUTES WERE REMOVED
2. Bid #13-46 Fochtman Enterprises, Inc.: A resolution awarding Bid #13-46 and
authorizing a contract with Fochtman Enterprises, Inc. in the amount of$711,833.70 for
water and sewer improvements along Razorback Road from Martin Luther King Jr.
Boulevard to Nettleship Street, approving a project contingency of $75,000.00, and
approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-13
3. Sprint/Nextel Property Services Amendment No. l: A resolution approving
Amendment No. 1 to the communication site lease agreement with Sprint/Nextel
Property Services for cell antenna space on the Markham Water Tank on Sang Avenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-13
4. Bid #13-48 B & A Property Maintenance: A resolution awarding Bid #13-48 and
authorizing a contract with B & A Property Maintenance in the amount of$28,220.00 for
tree planting and maintenance, and approving a ten percent(10%)project contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 191-13
5. 2°d Quarter Animal Services Donation Revenue: A resolution approving a budget
adjustment in the total amount of $21,243.00 representing donation revenue to the
Animal Services Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 192-13
6. 2013 Edward Byrne Memorial JAG Local Assistance Award: A resolution
authorizing acceptance of the 2013 Edward Byrne Memorial JAG Local Assistance
Award in the total amount of$69,977.00, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 193-13
7. Hazmat Services Revenue: A resolution approving a budget adjustment in the total
amount of$6,610.00 to recognize hazmat services revenue through August 2013 and to
increase the related expense budget.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 194-13
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8. Hazmat Services Revenue: A resolution approving a budget adjustment in the total
amount of$3,314.82 representing hazmat services revenue received through August 2013
and increasing the related expense budget.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 195-13
9. Fayetteville Fire Department Administrative Operating Procedures: A resolution to
approve and adopt the Fayetteville Fire Department Administrative Operating
Procedures.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 196-13
10. Solid Waste and Recycling Extension Agreements: A resolution to approve one year
extension agreements with Deffenbaugh Industries, Hog Box, Waste Management of
Northwest Arkansas, and Allied Waste Services of Bella Vista to haul and dispose of
solid waste and recycling in Fayetteville in exchange for a franchise fee of 10% and to
authorize or ratify Mayor Jordan's execution of such contracts.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 197-13
B. Unfinished Business: None
C. Public Hearing:
1. Public Facilities Resolution Ratification: A resolution ratifying the resolution of the
Fayetteville Public Facilities Board which approved a Revenue Bond (Butterfield Trail
Village Project), Series 2013 in a principal amount of not to exceed $8,000,000; and
prescribing other matters pertaining thereto.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 198-13
D. New Business:
1. RZN 13-4461 (123 E. Cleburn St./Stover): An ordinance rezoning the property
described in rezoning petition RZN 13-4461, for approximately 0.20 acres, located at 123
E. Cleburn Street from C-2, Thoroughfare Commercial, to DG, Downtown General.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5614
2. VAC 13-4459 (201 W Mountain St.): An ordinance approving VAC 13-4459 submitted
by William Rudasill for property located at 201 W Mountain Street, to vacate a portion of
a right-of-way and utility easement, a total of 413 square feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5615
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3. VAC 13-4460 (423 Prairie Ave): An ordinance approving VAC 13-4460 submitted by
Jacobs Newell Company for property located at 423 Prairie Street, to vacate an access
easement, a total of 0.02 acres.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5616
4. Beaver Watershed Alliance: An ordinance waiving the requirement for bids by
applying §34.23(F) Purchases and Contracts Not in Excess of $20,000.00 of the
Fayetteville Code of Ordinances and approving a contract with the Beaver Watershed
Alliance in the amount of$10,000.00 to assist in the improvement of water quality in the
Beaver Lake Watershed.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5617
5. Amend Chapter 34 Finance and Revenue: An ordinance amending Chapter 34:
Finance and Revenue of the Fayetteville Code to enact §34.10 Temporary Cash Transfers
Related to Reimbursable Grants to provide a cash flow mechanism for reimbursable
grants.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5618
6. 2013 Millage Levy: An ordinance levying a tax on the real and personal property within
the City of Fayetteville, Arkansas, for the year 2013 fixing the rate thereof at 1.3 mills for
General Fund operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills
for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public
Library; and certifying the same to the County Clerk of Washington County, Arkansas.
THIS ITEM WAS LEFT ON THE SECOND READING
7. Sales and Use Tax Capital Improvement Bonds, Series 2013: An ordinance
authorizing the issuance and sale of the City's Sales and Use Tax Capital Improvement
Bonds, Series 2013, for the purpose of financing a portion of the costs of certain street
improvements; authorizing the execution and delivery of a Third Supplemental Trust
Indenture pursuant to which the bonds will be issued and secured; authorizing the
execution and delivery of an official statement pursuant to which the bonds will be
offered; authorizing the execution and delivery of a bond purchase agreement providing
for the sale of the bonds; authorizing the execution and delivery of a Continuing
Disclosure Agreement; and prescribing other matters relating thereto.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5619
8. Kum & Go, L.C.: A resolution to approve the Third Amendment to land sale agreement
with Kum & Go, L.C. to extend the closing date to no later than February 12, 2014 and to
agree to equally share the costs of a new traffic signal.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 199-13
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9. Economic Development Contract for Services Renewal: An ordinance to waive
formal competitive bidding, to approve a two year Economic Development Services
contract with the Fayetteville Chamber of Commerce in the total amount of$330,000.00
and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5620
10. Amend §164.11 Height and Setback Regulations; Exceptions: An ordinance to
Amend §164.11 Height and Setback Regulations; Exceptions to enhance livability
through appropriate transitions in building scale and to protect access to air and sunlight
and to enact an emergency clause.
THIS ITEM WAS LEFT ON THE FIRST READING
11. Cleveland Street Improvements Appeal: A resolution to grant the appeal of Alderman
Alan Long concerning a recommendation of the City Council Transportation Committee
concerning Cleveland Street Improvements.
THIS ITEM WAS TABLED INDEFINITELY
E. City Council Agenda Session Presentations:
1. General Fund Budget Discussion —Paul Becker, Finance Director and Internal
Services Director
F. City Council Tour:
G. Announcements:
Adjournment: 7:55 pm
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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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
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