HomeMy WebLinkAbout2010-10-05 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petry
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 5, 2010
A meeting of the Fayetteville City Council will be held on October 5, 2010 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:
A. Consent:
1. Approval of the September 7, 2010 and September 21, 2010 City Council meeting
minutes. APPROVED
2. RFP #10-04 (Regions Insurance Inc.) Insurance Brokerage Services: A resolution
approving RFP #10-04 and authorizing a contract with Regions Insurance Inc. in the
amount of$14,000.00 with four one year automatic renewal options for the provision of
insurance brokerage services.
THIS ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
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3. 2010-2011 Selective Traffic Enforcement Program (STEP) Grant: A resolution
authorizing acceptance of a 2010-2011 Selective Traffic Enforcement Program (STEP)
grant award in the amount of$103,200.00 with a $79,200.00 local match, and approving
a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-10
4. Citizen Donation Revenue: A resolution approving a budget adjustment in the amount
of$1,000.00 to recognize revenue from a citizen donation for purchasing microchips for
the pet wellness expo event.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 170-10
5. Department of Justice Community Oriented Policing Services (COPS) Grant: A
resolution authorizing acceptance of a U.S. Department of Justice Community Oriented
Policing Services for Technology Program (COPS) non-matching grant award in the
amount of$750,000.00, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-10
6. Bid #10-50 (Sivad, Inc.) Educational Equipment: A resolution awarding Bid #10-50
and authorizing a contract with Sivad, Inc. in the amount of$95,714.00 for educational
equipment and learning systems related to weatherization, energy efficiency and other
green initiatives.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-10
7. Bid #10-55 (Rick Pershall Building Company) Animal Shelter Dog Runs: A
resolution awarding Bid #10-55 and authorizing a contract with Rick Pershall Building
Company in the amount of$46,410.00 for refurbishment of dog runs at the Fayetteville
Animal Shelter, and approving a project contingency of$3,112.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-10
8. Bid #10-57 (N.E.C. Inc.) City Compost Facility: A resolution awarding Bid #10-57 and
authorizing a contract with N.E.C. Inc. in the amount of$77,500.00 plus applicable sales
tax for concrete pad construction at the City Compost Facility, and approving a 10%
project contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-10
The following item was removed from the Consent Agenda for discussion:
RFP #10-04 (Regions Insurance Inc.) Insurance Brokerage Services: A resolution
approving RFP #10-04 and authorizing a contract with Regions Insurance Inc. in the
amount of$14,000.00 with four one year automatic renewal options for the provision of
insurance brokerage services.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-10
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
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B. Unfinished Business: None
C. New Business:
1. RZN 10-3633 (Willy Berchtold): An ordinance rezoning that property described in
rezoning petition RZN 10-3633, for approximately 2.45 acres, located at 2409 Huntsville
Road from C-2, Thoroughfare Commercial, RSF-4, Residential Single Family, 4 units per
acre, and R-A, Residential Agricultural, to CS, Community Services Zoning District.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5357
2. RZN 10-3642 (Gardens on Persimmon): An ordinance rezoning that property
described in rezoning petition RZN 10-3642, for approximately 11.18 acres, located at
4405 Persimmon Street from RSF-4, Residential Single Family, 4 units per acre to P-1,
Institutional.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5358
3. Illinois River Watershed Partnership (IRWP) Contract for Watershed Education:
An ordinance waiving the requirements for competitive bids and approving a contract
with the Illinois River Watershed Partnership in the amount of$10,000.00 for watershed
educational and planning services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5359
4. Bid #10-52 (Total Environmental Systems, Inc.) Fire Department Generators: A
resolution awarding Bid #10-52 and authorizing a contract with Total Environmental
Systems, Inc. in the amount of $96,900.00, plus a 10% project contingency, for the
purchase and installation of electrical generators for the Fayetteville Fire Department.
THIS RESOLUTION WAS TABLED INDEFINITELY
5. 2010 Millage Levy: An ordinance levying a tax on the real and personal property within
the City of Fayetteville, Arkansas for the year 2010 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 ORDINANCE WAS LEFT ON THE FIRST READING
Motion to increase the millage by .3 mills was Tabled to the October 19, 2010 City
Council meeting.
Announcements:
Adjournment: 6:45 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
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NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to spear
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.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: October 5,2010 Adjourn: A '
Subject: Roll
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Ferrell
Lucas
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Mayor Jordan ✓
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Subject:
Motion To:
Motion By:
Seconded:
Thiel
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Mayor Jordan
City Council Meeting: October 5,2010
Subject: Consent Ae� RFP # �a-oft c�jpstg A3rr�
Motion To:
Motion By:
Seconded:
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Thiel
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Rhoads
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Lucas ,
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Mayor Jordan
Subject: RFP #- lo-oq N f
Motion To:
Motion By: Q&
Seconded: d
Thiel ✓
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis f
Gray
Mayor Jordan
City Council Meeting: October 5,2010
Subject: None
Motion To:
Motion By:
Seconded:
B. 1 Thiel
Unfinished Cook
Business Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Thiel
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Mayor Jordan
City Council Meeting: October 5,2010
Subject: RZN 10-3633 (Willy Berchtold)
Motion To: 'Am aj
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Motion By:
Seconded: �,U gay
C. 1 Thiel
New Cook ✓ ✓ Vol
Business Petty j/ ✓ ✓
Rhoads
Ferrell ,/ ✓' t/
¢� Lucas ✓ ,/ ✓
+�— Lewis i0 , ✓
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Mayor Jordan
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Subject: RZN 10-3642 (Gardens on Persimmon)
Motion To: �j '12)
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Motion By:
Seconded: + &IA)/'.S
C.2 Thiel ✓ ,/
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Business Petty ✓ Vol, t/
Rhoads Vol
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Ferrell L--� r/
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Mayor Jordan
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City Council Meeting: October 5,2010
Subject: Illinois River Watershed Partnership (IRWP) Contract for Watershed Education
Motion To: A1W-410( 40
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Motion By:
Seconded:
C. 3 Thiel ✓ V--'
New Cook �/ V/ ✓ +�
Business Petty ✓ ✓
Rhoads rte/ `/ ✓
Ferrell �,/ ✓ ✓ �/
Lucas ✓� ✓ 6/
Lewis
�q Gray �
IMayor Jordan
Subject: Bid#10-52 (Total Environmental Systems, Inc.) Fire De artment Generators
Motion To:
Motion By:
Seconded: P
C. 4 Thiel V/
New Cook ✓
Business Petty w/
Rhoads ✓
Ferrell ✓
( Lucas We-
Lewis Lewis
Gray ]
Mayor Jordan
City Council Meeting: October 5,2010
Subject: 2010 Millage Levyn
Motion To: VgA4 L, h
Motion By:
Seconded: e
C. 5 Thiel t
New Cook �,
Business PettyCA
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Rhoads 3 � .
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Ferrell
Lucas
eta. Lewis
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Mayor Jordan
tth- A!c p . '7-0
Subject:
Motion To:
Motion By:
Seconded:
Thiel
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Mayor Jordan
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY fil
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney _
DATE: October 6, 2010
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of October 5, 2010
1. RFP #10-04 Insurance Brokerage Services: A resolution approving RFP
#10-04 and authorizing a contract with Regions Insurance, Inc. in the amount of
$14,000.00 with four one year automatic renewal options for the provision of
insurance brokerage services.
2. 2010-2011 STEP Grant: A resolution authorizing acceptance of a 2010-
2011 Selective Traffic Enforcement Program Grant award in the amount of
$103,200.00 with a $79,200.00 local match, and approving a budget adjustment.
3. Citizen Donation Revenue: A resolution approving a budget adjustment in
the amount of$1,000.00 to recognize revenue from a citizen donation for purchasing
microchips for the Pet Wellness Expo Event.
4. Department of Justice Community Oriented Policing Services Grant: A
resolution authorizing acceptance of a U.S. Department of Justice COPS non-
matching grant award in the amount of $750,000.00 and approving a budget
adjustment.
5. Bid #10-50 Educational Equipment: A resolution awarding Bid #10-50
and authorizing a contract with Sivad, Inc. in the amount of $95,714.00 for
educational equipment and learning systems related to weatherization, energy
efficiency and other green initiatives.
6. Bid #10-55 Animal Shelter Dog Runs: A resolution awarding Bid #10-55
and authorizing a contract with Rick Pershall Building Company in the amount of
$46,410.00 for refurbishment of dog runs at the Fayetteville Animal Shelter, and
approving a project contingency of$3,112.00.
7. Bid #10-57 City Compost Facility: A resolution awarding Bid #10-57 and
authorizing a contract with N.E.C., Inc. in the amount of$77,500.00 plus applicable
sales tax for concrete pad construction at the City Compost Facility, and approving a
10% project contingency.
8. Illinois River Watershed Partnership Contract: An ordinance waiving the
requirements for competitive bids and approving a contract with the Illinois River
Watershed Partnership in the amount of $10,000.00 for watershed educational and
planning services.
2
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 5, 2010
A meeting of the Fayetteville City Council will be held on October 5, 2010 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:
A. Consent:
1. Approval of the September 7, 2010 and September 21, 2010 City Council meeting
minutes.
2. RFP #10-04 (Regions Insurance Inc.) Insurance Brokerage Services: A resolution
approving RFP #10-04 and authorizing a contract with Regions Insurance Inc. in the
amount of$14,000.00 with four one year automatic renewal options for the provision of
insurance brokerage services.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. 2010-2011 Selective Traffic Enforcement Program (STEP) Grant: A resolution
authorizing acceptance of a 2010-2011 Selective Traffic Enforcement Program (STEP)
grant award in the amount of$103,200.00 with a $79,200.00 local match, and approving
a budget adjustment.
4. Citizen Donation Revenue: A resolution approving a budget adjustment in the amount
of$1,000.00 to recognize revenue from a citizen donation for purchasing microchips for
the pet wellness expo event.
5. Department of Justice Community Oriented Policing Services (COPS) Grant: A
resolution authorizing acceptance of a U.S. Department of Justice Community Oriented
Policing Services for Technology Program (COPS) non-matching grant award in the
amount of$750,000.00, and approving a budget adjustment.
6. Bid #10-50 (Sivad, Inc.) Educational Equipment: A resolution awarding Bid #10-50
and authorizing a contract with Sivad, Inc. in the amount of$95,714.00 for educational
equipment and learning systems related to weatherization, energy efficiency and other
green initiatives.
7. Bid #10-55 (Rick Pershall Building Company) Animal Shelter Dog Runs: A
resolution awarding Bid #10-55 and authorizing a contract with Rick Pershall Building
Company in the amount of$46,410.00 for refurbishment of dog runs at the Fayetteville
Animal Shelter, and approving a project contingency of$3,112.00.
8. Bid #10-57 (N.E.C. Inc.) City Compost Facility: A resolution awarding Bid #10-57 and
authorizing a contract with N.E.C. Inc. in the amount of$77,500.00 plus applicable sales
tax for concrete pad construction at the City Compost Facility, and approving a 10%
project contingency.
B. Unfinished Business: None
C. New Business:
1. RZN 10-3633 (Willy Berchtold): An ordinance rezoning that property described in
rezoning petition RZN 10-3633, for approximately 2.45 acres, located at 2409 Huntsville
Road from C-2, Thoroughfare Commercial, RSF-4, Residential Single Family, 4 units per
acre, and R-A, Residential Agricultural, to CS, Community Services Zoning District.
2. RZN 10-3642 (Gardens on Persimmon): An ordinance rezoning that property
described in rezoning petition RZN 10-3642, for approximately 11.18 acres, located at
4405 Persimmon Street from RSF-4, Residential Single Family, 4 units per acre to P-1,
Institutional.
3. Illinois River Watershed Partnership (IRWP) Contract for Watershed Education:
An ordinance waiving the requirements for competitive bids and approving a contract
with the Illinois River Watershed Partnership in the amount of$10,000.00 for watershed
educational and planning services.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. Bid #10-52 (Total Environmental Systems, Inc.) Fire Department Generators: A
resolution awarding Bid #10-52 and authorizing a contract with Total Environmental
Systems, Inc. in the amount of $96,900.00, plus a 10% project contingency, for the
purchase and installation of electrical generators for the Fayetteville Fire Department.
5. 2010 Millage Levy: An ordinance levying a tax on the real and personal property within
the City of Fayetteville, Arkansas for the year 2010 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.
Announcements:
Adjournment:
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
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.
As a courtesy please turn off all cellphones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
C.3
Illinois River Watershed Partnership
(IRWP)Contract for Watershed Education
Page 1 of 2
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS FOR COMPETITIVE
BIDS AND APPROVING A CONTRACT WITH THE ILLINOIS RIVER
WATERSHED PARTNERSHIP IN THE AMOUNT OF $10,000.00 FOR
WATERSHED EDUCATIONAL AND PLANNING SERVICES
WHEREAS, the Illinois River Watershed Partnership possesses unique expertise and
resources ideally suited to meet the City of Fayetteville's federal mandate for Watershed
Educational and Planning Services as part of the Stormwater Management Program, Phase II;
and
WHEREAS, the Illinois River Watershed Partnership has very successfully performed
such necessary educational and planning services for Fayetteville in previous years; and
WHEREAS, the Illinois River Watershed Partnership can perform this work at a
significant savings to the citizens of Fayetteville.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
that an exceptional situation exists where requiring competitive bids for contracts under
$20,000.00 is not feasible or practical and,therefore,waives the requirements for bids as allowed
by §34.26(F) of the Fayetteville Code, approves the contract attached as Exhibit "A" in the
amount of$10,000.00 with the Illinois River Watershed Partnership for educational and planning
services, and authorizes Mayor Jordan to sign this contract.
PASSED and APPROVED this 5`"day of October, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
C.3
Illinois River Watershed Partnership
(IRWP)Contract for Watershed Education
Page 2 of 2
WASHINGTON COUNTY
STATE OF ARKANSAS C.s
? 'Pw1 Washington County Courthouse 2010 Millage Levy
sr.
4 280 North College Rvenue, Suite 300 Page 1 of 2
Fayetteville. Arkansas 72701
Telephone (479)444-1711
KAREN COMBS PRITCHARD Fax (479)444-1894
COUNTY AND PROBATE CLERK IZFCEIVFD
SEP 2 3 2010
BY:
City Clerk
j
Dear Clerk:
Please submit the tax levy figures for your City for the year 2010 The Quorum Court meets on
November 11 th. I need this information by November 1 St. Please give us the total levy figure and
complete breakdown of tax in the space provided below. This information must be provided on this
form.
Sincerely yours,
C la cam/
Karen Combs Pritchard
Washington County Clerk
TOTAL MILLS
BREAKDOWN
SIGNATURE AND TITLE OF PERSON AUTHORIZED TO SUBMIT TAX
C.s
2010 Millage Levy
Page 2 of 2
City Council Meeting Minutes
September 7,2010
Page l of 15
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petry
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
City of Fayetteville Arkansas
City Council Meeting Minutes
September 7, 2010
A meeting of the Fayetteville City Council was held on September 7, 2010 at 6:00 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 Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor
Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Mayor Jordan presented three Bronze awards from the 31" Annual Telly Awards to the
Fayetteville Government Channel and recognized Fritz Gisler, Neil Bible, Frou Gallagher, Steve
Odom, and Tyron Rogers.
Fritz Gisler expressed his appreciation for the support of the Mayor, Director of
Communications, Lindsley Smith, and the City Council.
City Council Meeting Presentations, Reports and Discussion Items: None
Agenda Additions: None
Consent:
Approval of the August 17, 2010 City Council meeting minutes.
Approved
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
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City Council Meeting Minutes
September 7,2010
Page 2 of 15
National Wildlife Federation Community Wildlife Habitat: A resolution authorizing an
application for the City to be certified as a National Wildlife Federation Community Wildlife
Habitat.
Resolution 155-10 as recorded in the office of the City Clerk.
Watershed Conservation Resource Center Grant (White River): A resolution authorizing
application and acceptance, in partnership with the Watershed Conservation Resource Center, of
an Arkansas Natural Resources Commission matching grant in the amount of $200,000.00 for
restoration of a portion of the White River near the Noland Wastewater Treatment Facility, and
approving a budget adjustment in the amount of$77,000.00 representing the City's match.
Resolution 156-10 as recorded in the office of the City Clerk.
2010 Washington County Inter-Local Agreement (Animal Sheltering): A resolution
approving an inter-local agreement between the City of Fayetteville, Arkansas and Washington
County, Arkansas to provide animal sheltering services to Washington County, Arkansas for
calendar year 2010.
Resolution 157-10 as recorded in the office of the City Clerk.
RFP #10-11 Plante & Moran, PLLC: A resolution awarding RFP #10-11 and approving a
contract with Plante & Moran, PLLC in an amount not to exceed $60,000.00 for the performance
of a city-wide information technology assessment.
Resolution 158-10 as recorded in the office of the City Clerk.
2010 Justice Assistance Grant Local Solicitation Award: A resolution authorizing acceptance
of a 2010 U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance
Grant in the amount of$108,419.00 to the Fayetteville Police Department as a lead agency, and
approving a budget adjustment.
Resolution 159-10 as recorded in the office of the City Clerk.
Access Management Plan Agreement Amendment (State Highway 265): A resolution
approving an amendment to the Access Management Plan Agreement, as prepared by the
Arkansas Highway and Transportation Department, for State Highway 265.
Resolution 160-10 as recorded in the office of the City Clerk.
Amend Resolution No. 131-10: A resolution amending Resolution No. 131-10 to change all
references from"Today in America" to "U.S. Media Television, Inc."
Resolution 161-10 as recorded in the office of the City Clerk.
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City Council Meeting Minutes
September 7,2010
Page 3 of 15
Alderman Cook moved to approve the Consent Agenda. Alderman Thiel seconded the
motion. Upon roll call the motion passed unanimously.
Unfinished Business:
ADM 09-3273 (Business Registry and License Program): An ordinance to amend the
Fayetteville code by enacting a chapter to create a business registry and to require annual
business licenses for all businesses and non-profits with locations within Fayetteville. This
ordinance was left on the Second Reading at the June 15, 2010 City Council meeting. This
ordinance was left on the Third Reading at the July 6, 2010 City Council meeting and Tabled to
the September 7, 2010 City Council meeting.
City Attorney Kit Williams: I have redrafted the ordinance to have a later effective date. It
should not be effective until November 1, 2011.
Alderman Thiel moved to amend the effective date of the ordinance. Alderman Lucas
seconded the motion. Upon roll call the motion passed unanimously.
Aaron Stahl, local business owner spoke in opposition of the ordinance. He stated he did not
think a business license was needed.
Jeff Dickey, Candidate for Ward 4 stated while on the campaign trail he has talked to a lot of
business owners and the sense he is getting from business owners is that Fayetteville is not
business friendly. He asked that the ordinance be tabled so that we can better address and
embrace our businesses. To restrict businesses further would further give this City the notion
that it is business unfriendly
Alderman Lucas: You say our business license would be indicating that we are business
unfriendly, yet the cities that have a business license make a tremendous amount of money from
it. Are they business unfriendly by doing that?
Jeff Dickey: No, I'm not saying a business license is a bad idea but during these economic
times when businesses are trying to thrive it is a wrong idea. We are already losing businesses to
Bentonville and Rogers.
Chun Tan with the Fayetteville Chamber of Commerce and Economic Development Manager
stated the Economic Development Team fully supports the approval of a business registry. Right
now we are faced with the challenge of collecting the information. This information is important
if the City of Fayetteville or any non-profit organization would like to move forward in getting or
applying for Federal funds. For us to get information to do economic development to attract
businesses to Fayetteville we need information that is particular to the needs of the City of
Fayetteville to move Fayetteville forward. The business registry will help us greatly in that
endeavor.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
September 7,2010
Page 4 of 15
Alderman Lewis: I have heard people discuss the ability to use this as a tool for attracting new
business. How does that work?
Chun Tan: Last week we had a ground breaking for Delta Electronics. They have five plants
throughout the United States. They were interested in coming to Fayetteville because they
believe Fayetteville will be a place for them to grow and because Fayetteville is for sustainable
growth.
We are working with the Arkansas Economic Development Commission out of Little Rock.
When they try to attract a company to come here we want to show them this is where your
customers are, this is where you can get your raw materials, and this is where you can get your
workers. We can show them that by having statistical information.
Alderman Lewis: So we are competing with other cities. Do those other cities have the data?
Chug Tan: Yes, it is more common than not to have a business registry. One of our tasks in
economic development is business retention and expansion. So we need to know what is
happening in the community. This is a cost recovery program it does not generate revenue for
the City.
Alderman Gray: Fayetteville's paper application is $35 and electronic is how much?
Karen Minkel, Director of Strategic Planning and Internal Consulting: Electronic is $32. Home
based businesses would pay $22 for a paper application and $10 for electronic. The annual
renewal fee will be $15.
Alderman Gray: Is there an additional amount because of additional workers?
Karen Minkel: We were looking at the actual cost it would take to run the program. With the
paper application there was more data entry involved. So there is more staff time involved
which is why it is a bit more expensive than completing the electronic application.
Don Marr, Chief of Staff: Some cities charge the fee based on the number of employees. That
is not incorporated into this fee. This is a standard fee that applies to all businesses across the
board. Businesses today should be paying a $25 fee for zoning compliance which would be
incorporated into this new $35 fee. It will be a $10 difference between what is done today and
what the new fee would be. There was business involvement in the crafting of this ordinance.
He reviewed all the items that were considered in developing the ordinance. He stated this is not
a revenue generating program it is a cost recovery program.
Alderman Gray: Do we know what Bentonville's fee is?
Karen Minkel: Bentonville does not have a business license. Rogers, Lowell, and Springdale
all have a license. Rogers and Lowell charge $50 as a base fee. Springdale charges $20 as a
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base fee but all three cities add on based on the number of employees or number of chairs in a
restaurant. That is not uncommon.
Alderman Petty: What is the difference in the penalties and enforcement policies between this
ordinance and the certificate of zoning compliance?
Karen Minkel: In the business registry model if the Director of Development Services finds
that the business is not in compliance with one of the aspects of review, which could include fire,
safety, zoning, then the Director of Development Services could recommend suspension or
revocation of the license. The business would have a public hearing with the Chief of Staff and
could appeal that decision to the City Council.
Alderman Petty: For non compliance in this ordinance the fee is $250 per day of operating a
business in non compliance. How is that different from the previous ordinance?
Jeremy Pate, Internal Services and Development Director: The certificate of zoning
compliance would fall under the general violation of the UDC.
City Attorney Kit Williams: I don't do the prosecution. I think it is also $250 a day. That was
the state limit and the state has doubled the limit but we haven't changed our ordinances to
match the increase allowance by the state.
Alderman Thiel: Where is a person going to apply for a business license?
Karen Minkel: The license will be handled through the Department of Development Services.
Alderman Thiel: Will there be a renewal reminder once a person applies?
Karen Minkel: Yes, businesses would receive notification every year. The renewal period,
now that the ordinance has been amended, is September lsr and October 31st. They will have the
option to complete a paper application or apply on tine.
Don Marr: The rational for selecting the Planning Department was because current permitting
is done in that office.
Alderman Thiel: Do you think you are going to be able to handle the amount of businesses in
Fayetteville?
Don Marr: We are hoping that the majority of businesses will use the online application
process. We originally had staff assigned to this but, because of where we are today with the
amount of development, we believe we have staff to apply to it. If development returns we will
have a discussion with you about whether we need to have staff.
Alderman Thiel: My concern is with the home based businesses. I am concerned about the
fines associated with this for all the people that will not know about it. They will not know to
apply.
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Don Marr: Our expectations are that most businesses when they do know that they have a
requirement they tend to comply. Our goal is to work with people, get the data, and get the
registry built. We believe most businesses will comply.
Karen Minkel: If it came to the attention of the Planning Office that a business was in non
compliance they would receive notification and they would have time to comply.
Alderman Ferrell: Is the triggering effect for a home based business of a LLC or Corporation
that requires a license patterned after the surrounding communities?
Karen Minkel: A lot of communities are a bit more vague and broad in their statements. She
gave examples.
Alderman Ferrell: Kit your memo talks about the super majority of six votes to comply with
state law when you are voting on a tax.
City Attorney Kit Williams: It's either a business license or a tax. That is based upon state
statute 26-77-102. He read the statute. That statute seems to control this.
Alderman Lucas: A lot of citizens and business people had input into this. Wouldn't it be
smart to use technology to know who is operating businesses in our City and to ensure health and
safety compliance for our citizens and staff in a more efficient way. This came from the summit
for economic development and we have hired the Chamber to do economic development.
Change is difficult and there will be those opposed but this is something Fayetteville needs. I
support it.
Alderman Lewis stated she supported the ordinance. This is data that can help us attract new
businesses and help us compete.
Alderman Thiel: We have discussed this for months and the public has had ample time to
consider this and come forward and make a statement.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2.
Alderman Cook and Ferrell voting no.
Ordinance 5347 as Recorded in the office of the City Clerk
ADM 09-3466 (UDC Chapters 151 & 164 Vehicle Related Businesses): An ordinance
amending Title XV: Unified Development Code of the City of Fayetteville, Chapters 151:
Definitions and 164: Supplementary Zoning Regulations, in order to include additional
definitions and requirements for vehicle related businesses. This ordinance was left on the
Second Reading at the August 17, 2010 City Council meeting.
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Alderman Petty moved to suspend the rules and go to the third reading. Alderman Lewis
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Internal Services and Development Director gave a brief description of the
ordinance.
Alderman Lewis: The way it is written now a person can appeal your decision, right? Would
the exception clause be redundant within our code?
Jeremy Pate: You can appeal an interpretation of a code so if something is gray in the code it is
my job to make that black or white and make a determination. Yes, that could be appealed to the
Board of Adjustments.
City Attorney Kit Williams: His interpretation would probably not be challenged. It would be
whether or not more time is needed.
Alderman Ferrell: Jeremy, from what I understand you are saying staff would rather wait and
see if a problem occurs and if it does deal with it then? If there were cases that would require
action do you think staff will be supportive at that time?
Jeremy Pate: I think so. We picked 45 days and we want to try that time period out. Any time
we draft an ordinance and have a time frame we have to weigh that after it is adopted to make
sure that's the right time frame before we pursue any type of enforcement or prosecution action.
Alderman Thiel moved to amend three sections of the ordinance 164.05 Subsection C,
164.14 Subsection B and add Subsection D to 164.14. Alderman Lucas seconded the
motion.
Jeff Dickey stated he is in agreement with having cars parked longer than 45 days. One issue
that may not be clear is, are we isolating out auto repairs places and other business such as auto
body then we are becoming discriminatory against businesses. I would caution against that.
Upon roll call the motion passed unanimously.
James Laubler, Ward 4 resident: I canvassed some businesses today that have been around and
they had not heard there was an ordinance. Are you all going out and talking to businesses to see
what their problems are with it?
Alderman Ferrell: When you were talking to the businesses did you advise them to contact
their Alderman?
James Laubler: No, you would think that would be common sense to stay engaged.
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Alderman Ferrell: If they found out about it did you advise them to go ahead and contact their
aldermen?
James Laubler: This was this afternoon and there was no reaction time for them.
Alderman Lucas: Did they have a problem with this after you talked with them?
James Laubler: Yes.
Alderman Lucas: What was their problem?
James Laubler: You add this ordinance and another ordinance and it is a patch work of many
things that you need to have done. When you keep adding, these people feel they are too busy to
keep in contact with the Council.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5348 as Recorded in the office of the City Clerk
New Business:
RZN 10-3625 (Cedar Crest Academy): An ordinance rezoning that property described in
rezoning petition RZN 10-3625, for approximately 2.25 acres, located on the south side of
Persimmon Street, northwest of Owl Creek Elementary School from RSF-4, Residential Single-
Family, 4 units per acre, to P-1, Institutional.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance. Planning Commission voted to forward
this with a recommendation of 6-0. Staff is also recommending approval.
A discussion followed on the location of the project.
James Laubler: Has someone applied to build something there? I saw the word institutional.
Mayor Jordan: It's my understanding they have not.
James Laubler: So this is general zoning. This is two corners that are covered where our
youngest children are. We don't need a halfway house. That is my only concern.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Gray
seconded the motion.
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Alderman Lewis: This is a rezoning and we are not allowed to consider what they would put on
that site at this point. We can only consider the zoning.
Alderman Lucas: What would be allowed in this zoning?
Jeremy Pate: The primary use within the institutional zone is Use Unit 4 which is called
cultural and recreational facilities. That is the zone that most of our churches and schools are
typically zoned.
Alderman Lucas: Thank you.
Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Petty moved to suspend the rules and go to the third reading. Alderman Gray
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Lucas: I have not heard from any of the residents about this.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5349 as Recorded in the office of the City Clerk
RZN 10-3626 (Mathias Shopping Centers): An ordinance rezoning that property described in
rezoning petition RZN 10-3626, for approximately 1.2 acres, located at the northwest corner of
Hwy 45 East and Box Avenue from R-O, Residential Office, to CS, Community Services.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance. He stated staff recommended approval
and Planning Commission voted 7-0 in favor of the zoning request.
Alderman Ferrell: Jeremy, I hope we can keep looking to the future for perhaps a back door on
265.
Alderman Lucas: I couldn't agree more. I've even been contacted about that. It would come
from the school also down to 265 which would put traffic through the neighborhoods.
Alderman Lewis: I'm very supportive of the form based community services codes, thank you
for working on that.
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Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Thiel moved to suspend the rules and go to the third reading. Alderman Ferrell
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5350 as Recorded in the office of the City Clerk
Repeal and Replace §34.26 (Authority of City Employees to Contract with the City): An
ordinance to repeal §34.26 Authority of City Employees to Contract with the City and to enact a
replacement §34.26 Limited Authority of City Employees to Provide Services to the City.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams gave a brief description of the ordinance and stated why he brought
the ordinance forward.
Alderman Ferrell moved to amend Subsection E. of the ordinance. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
Alderman Petty moved to suspend the rules and go to the second reading. Alderman Lewis
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third reading. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Don Marr: There are certain staff that have asked questions about seasonal or part time
employees, An employee that works at the pool or as a camp counselor who ends that
assignment is no longer an employee of the City at that point, and would eligible and to be
considered for these particular positions. It doesn't prohibit that in any way. City park
employees who would like to work in those environments would still be allowed to have that
opportunity. They would be paid at their regular hourly rate or overtime.
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