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Home My WebLink About2011-12-20 - Agendas - Final 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 20, 2011 A meeting of the Fayetteville City Council will be held on December 20, 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. Nominating Committee Report-Approved 2. Fayetteville Town Center Report Agenda Additions: A. Consent: 1. Approval of the December 6, 2011 City Council meeting minutes. Minutes Removed 2. 2012 Transportation Division Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2012. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 215-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #10-40 Amerlux Exterior LLC: A resolution authorizing purchase of thirty-seven (37) LED light fixtures and poles in the amount of $67,667.27 pursuant to Bid #10-40 from Amerlux Exterior LLC (FKA Dynamic Lighting Solution). PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 216-11 4. 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant: A resolution accepting a non-matching 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant from the Arkansas State Police in the amount of$5,000.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 217-11 5. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of $1,800.00 recognizing revenue received from various donations to the Fayetteville Police Department in support of general recognition and officer service awards, and expressing gratitude to the donors. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 218-11 6. Arkansas Recreational Trails Grant: A resolution approving an agreement of understanding with the Arkansas State Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant in the amount of$80,000.00 for the construction of Lake Fayetteville Trail (South), and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 219-11 7. ASPCA Scholarship Donations: A resolution to accept a scholarship donation in the amount of$1,561.00 from the American Society for the Prevention of Cruelty to Animals for Animal Control Officer Chris Harrimann to attend a cruelty investigation course at the University of Missouri and to approve a budget adjustment to recognize this revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 220-11 8. Baird, Kurtz & Dobson (BKD), LLP: A resolution approving a contract with Baird, Kurtz & Dobson (BKD), LLP, in the amount of$87,000.00 to provide independent audit services to the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 221-11 9. Pick-It Construction, Inc.: A resolution to approve a change order with Pick-It Construction, Inc. in the amount of $19,710.00 and to approve a budget adjustment to recognize a donation from the Fayetteville Youth Baseball League up to $33,600.00 to complete this project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 222-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. Unfinished Business: 1. 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 resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY 2. Naming 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. This resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 223-11 3. 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 ordinance was left on the Second Reading at the December 6, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5469 4. 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. This resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 224-11 5. Bellefont Gardens Tree Preservation Area Modification: A resolution to approve a modification of the tree preservation area in the Bellefont Gardens development to shift about one-half acre of tree preservation area from Lot 1 to Lot 4. This resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. TABLED TO THE JANUARY 17, 2012 CITY COUNCIL MEETING 6. Amend §50.40 Rates for Services: An ordinance to amend §50.40 Rates for Services of the Fayetteville Code by enacting a new subsection (B)(6) to charge $.95 per month per multi-family unit for recycling services when offered. This ordinance was left on the First Reading at the December 6, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5470 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. RZN 11-3971 (Best Way St. & Hollywood Ave.): An ordinance rezoning that property described in rezoning petition RZN 11-3971, for approximately 25.35 acres, located at the End of Best Way Street and Hollywood Avenue from C-2, Thoroughfare Commercial, to RMF-12, Residential Multi-Family, 12 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5471 2. ADM 11-3993 (UDC Amendment 1-1 Zoning District): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville §161.27 to modify the rear setback requirement in the I-1 zoning district. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5472 3. Amend Section 33.240: An ordinance amending Section 33.240: Purposes and Duties of Article XI: Environmental Action Committee of Chapter 33: Departments, Boards Commission, and authorities of the Code of Fayetteville to provide additional authority related to Community Wildlife Habitat Certification. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5473 4. Kum & Go Appeal: Appeal of the Planning Commission's determination to limit access for a proposed Kum and Go Large Scale Development at Martin Luther King, Jr Blvd and Hill Avenue. TABLED TO THE JANUARY 3, 2012 CITY COUNCIL MEETING D. City Council Agenda Session Presentations: E. City Council Tour: Monday December 19, 2011 at 4:30 p.m. Announcements: Adjournment: 9:35 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 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. (1) 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 Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: Dectwber 20,2011 Adjourn: Subject: Roll Gray Boudreaux f Kinion Petty Tennant Ferrell Adams Lewis f Mayor Jordan Subject: Nominating Committee Report Motion To: Motion By: Seconded: Gray Boudreaux n Kinion 1 SPP' Petty Tennant Ferrell v/ Adams Lewis LJ Mayor Jordan g"� City Council Meeting: Dece.dber 20,2011 Subject: Consent ! Motion To: Motion By: Seconded: TLr,�Av Gray M�I�TIg�. Boudreaux I�IIU'IJ Kinion 110 /IQaa Petty Tennant Ferrell W Adams ✓ tAlecf Lewis 5 �I Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: Dece,aber 20,2011 Subject: Premier Lighting Group Motion To: n Motion By: Seconded: B. 1 Gray Unfinished Boudreaux Business Kinion Petty Tennant 1�f1�?�iiV Ferrell v,-,- Adams ✓Adams yr Lewis t✓ Mayor Jordan Subject: tdmr.4' WA& AV OZ dA 0 Naming Alley jp &%06h 6 00alel gord ell- Motion To: RvCs sl' A ?�R o�'� (1 Motion By: Seconded: �qe B. 2 Gray t/ Unfinished Boudreaux N Business Kinion [y►s�,� Petty ✓ ✓ vl� ►" "�... Tennant w Ferrell �/' ✓ ' Adams ✓ Lewis !/ U00", 10 Mayor Jordan 223 - it a 11.4w City Council Meeting: Dece,nber 20, 2011 Subject: RZN 11-3960 (1730 N. Old Wire Road)Appeal Motion To: a Motion By: Cl d Seconded: B. 3 Gray ✓ �/ Unfinished Boudreaux V Business Minion Petty ✓rte ,Y/' Tennant ,^q Ferrell 5�tsl I Adams Lewis t` Mayor Jordan Subject: Hilton Garden Inn Tree Preservation Area Modification Motion To: Motion By: Seconded: B. 4 Gray Unfinished Boudreaux 0.10' Business Kinion Petty Tennant pyv' Ferrell ' Adams a✓' Lewis t®'' Mayor Jordan d-D City Council Meeting: December 20,2011 Subject: Bellefont Gardens Tree Preservation Area Modification Motion To: it 4-b IJ- Motion By: S Seconded: J B. 5 Gray ✓ Unfinished Boudreaux f Business Kinion Vol" Sof ' 4-0 Petty 44 U 0-& . cam"" Tennant LiLewis FerrellAdams Mayor Jordan '7-D Subject: Amend 50.40 Rates for Services Motion To: Motion By: Seconded: B.6 Gray ✓ ,� t/ Unfinished Boudreaux Business Kinion Petty S ee tnq well ✓ Ag fa Tennant �° ✓ I Ferrell 5 410 Adams ✓ t✓/ ✓ Lewis r/ Mayor Jordan 7-0 g'� City Council Meeting: Dect.,iber 20,2011 Subject: RZN 11-3971 (Best Way St. & Hollywood Ave.) Motion To: and rd spa d Motion By: i 1 i L Seconded: �ttJi C. 1 Gray ✓ W New Boudreaux �/ ✓ ✓ Business Kinion a� ✓ Petty �,✓ Tennant ✓°' µ ✓ Ferrell Adams �` t✓ ✓ 6491 Lewis ✓ Mayor Jordan Subject: ADM 11-3993 (UDC Amendment I-1 Zoning District) Motion To: elf � r 4 p Motion By: Seconded: C. 2 Gray ,/ ✓ New Boudreaux ✓ ✓ E✓ Business Kinion Petty �Q/Z02� Tennant ✓ ,✓ a✓ (� Ferrell ✓ �✓ a✓ Adams ✓ o✓ r® '¢ Lewis Mayor Jordan ?-® .0 City Council Meeting: Dec.y ber 20,2011 Subject: Amend Section 33.240 Motion To: Plum'd 4P a a nd pfd &bj W yip "h Ov Motion By: 'I E Seconded: E' S i C. 3 Gray ✓ Vs° New Boudreaux Vol' yd Business Kinion EOOII� ° Petty t� Tennant Ferrell vd` Adams � vl" Lewis LO" Mayor Jordan Subject: Kum & Go Appeal Motion To: 4 Motion By: x Seconded: C. 4 Gray y/ New Boudreaux Business KinionC,W 40 Petty , Tennant �s p Ferrell ' la" Adams Lewis � ^ Mayor Jordan • Taye evl a Departmental Correspondence ARKANSAS LEGAL www.accessfayetteville.org DEPARTMENT TO: Mayor Jordan Kit Williams City Attorney THRU: Sondra Smith, City Clerk Jason B.Kelley Assistant City Attorney FROM: Kit Williams, City Attorney_L DATE: December 21, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 20, 2011 1. 2012 Transportation Division Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects List for 2012. 2. Bid #10-40 Amerlux Exterior LLC: A resolution authorizing purchase of thirty-seven LED light fixtures and poles in the am amount of$67,667.27 pursuant to Bid # 10-40 from Amerlux Exterior LLC (FKA Dynamic Lighting Solutions). 3. 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant: A resolution accepting a non-matching 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant from the Arkansas State Police in the amount of $5,000.00 and approving a budget adjustment. 4. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of $1,800.00 recognizing revenue received from various donations to the Fayetteville Police Department in support of general recognition and officer service awards and expressing gratitude to the donors. 5. Arkansas Recreational Trails Grant: A resolution approving an agreement of understanding with the Arkansas State Highway and transportation Department for the acceptance of an Arkansas Recreational Trails Grant in the amount of $80,000.00 for the construction of Lake Fayetteville Trail South, and approving a budget adjustment. 6. ASPCA Scholarship Donations: A resolution to accept a scholarship donation in the amount of$1,561.00 from the American Society for the Prevention of Cruelty to Animals for Animal Control Officer Chris Harrimann to attend a Cruelty Investigation course at the University of Missouri and to approve a budget adjustment to recognize this revenue. 7. Baird, Kurtz & Dobson, LLP: A resolution approving a contract with BKD, LLP, in the amount of $87,000.00 to provide independent audit services to the City of Fayetteville. 8. Pick-It Construction, Inc.: A resolution to approve a change order with Pick-it Construction, Inc. in the amount of $19,710.00 and to approve a budget adjustment to recognize a donation from the Fayetteville Youth Baseball League up to $33,600.00 to complete this project. 9. Naming 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 "Shipley Alley". 10. 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, 11. Amend §50.40 Rates for Services: An ordinance to amend §50.40 Rates for Services of the Fayetteville Code by enacting a new subsection (B)(6) to charge $.95 per month per multi-family unit for recycling services when offered. 12. Amend §33.240: An ordinance amending §33.240 Purposes and Duties of Article Xi Environmental Action Committee of Chapter 33 Departments, Boards, Commissions and Authorities of the Code of Fayetteville to provide additional authority related to Community Wildlife Habitat Certification. 2 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 20, 2011 A meeting of the Fayetteville City Council will be held on December 20, 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. Nominating Committee Report 2. Fayetteville Town Center Report Agenda Additions: A. Consent: 1. Approval of the December 6, 2011 City Council meeting minutes. 2. 2012 Transportation Division Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2012. 3. Bid #10-40 Amerlux Exterior LLC: A resolution authorizing purchase of thirty-seven (37) LED light fixtures and poles in the amount of $67,667.27 pursuant to Bid #10-40 from Amerlux Exterior LLC (FKA Dynamic Lighting Solution). 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant: A resolution accepting a non-matching 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant from the Arkansas State Police in the amount of$5,000.00, and approving a budget adjustment. 5. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the amount of $1,800.00 recognizing revenue received from various donations to the Fayetteville Police Department in support of general recognition and officer service awards, and expressing gratitude to the donors. 6. Arkansas Recreational Trails Grant: A resolution approving an agreement of understanding with the Arkansas State Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant in the amount of$80,000.00 for the construction of Lake Fayetteville Trail (South), and approving a budget adjustment. 7. ASPCA Scholarship Donations: A resolution to accept a scholarship donation in the amount of$1,561.00 from the American Society for the Prevention of Cruelty to Animals for Animal Control Officer Chris Harrimann to attend a cruelty investigation course at the University of Missouri and to approve a budget adjustment to recognize this revenue. 8. Baird, Kurtz & Dobson (BKD), LLP: A resolution approving a contract with Baird, Kurtz & Dobson (BKD), LLP, in the amount of$87,000.00 to provide independent audit services to the City of Fayetteville. 9. Pick-It Construction, Inc.: A resolution to approve a change order with Pick-It Construction, Inc. in the amount of $19,710.00 and to approve a budget adjustment to recognize a donation from the Fayetteville Youth Baseball League up to $33,600.00 to complete this project. B. Unfinished Business: 1. 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 resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. 2. Naming 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. This resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. 3. 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 ordinance was left on the Second Reading at the December 6, 2011 City Council meeting. Left on the Second Reading 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. 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. This resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. 5. Bellefont Gardens Tree Preservation Area Modification: A resolution to approve a modification of the tree preservation area in the Bellefont Gardens development to shift about one-half acre of tree preservation area from Lot 1 to Lot 4. This resolution was tabled at the December 6, 2011 City Council meeting to the December 20, 2011 City Council meeting. 6. Amend §50.40 Rates for Services: An ordinance to amend §50.40 Rates for Services of the Fayetteville Code by enacting a new subsection (B)(6) to charge S.95 per month per multi-family unit for recycling services when offered. This ordinance was left on the First Reading at the December 6, 2011 City Council meeting. Left on the First Reading C. New Business: 1. RZN 11-3971 (Best Way St. & Hollywood Ave.): An ordinance rezoning that property described in rezoning petition RZN 11-3971, for approximately 25.35 acres, located at the End of Best Way Street and Hollywood Avenue from C-2, Thoroughfare Commercial, to RMF-12, Residential Multi-Family, 12 units per acre. 2. ADM 11-3993 (UDC Amendment I-1 Zoning District): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville §161.27 to modify the rear setback requirement in the I-1 zoning district. 3. Amend Section 33.240: An ordinance amending Section 33.240: Purposes and Duties of Article Xl: Environmental Action Committee of Chapter 33: Departments, Boards Commission, and authorities of the Code of Fayetteville to provide additional authority related to Community Wildlife Habitat Certification. 4. Kum & Go Appeal: Appeal of the Planning Commission's determination to limit access for a proposed Kum and Go Large Scale Development at Martin Luther King, Jr Blvd and Hill Avenue. D. City Council Agenda Session Presentations: E. City Council Tour: Monday December 19, 2011 at 4:30 p.m. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 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 Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Fayetteville Town Center Report Fayetteville Town Center Page 1 of 4 Annual Report to Fayetteville City Council December 2011 I. Goals (as stated in Article V, Section 507 of the Lease and Agreement between the City of Fayetteville, Arkansas and the A&P Commission of the City of Fayetteville, Arkansas) A. Generate increased tourism for Fayetteville. B. Remain financially viable with all debts and obligations paid timely. C. Serve the Fayetteville community by use for local, non-profit groups and other community events. II. Tourism Review Total Contracts & Events (January—September) 2010 2011 Variance Number of Contracts 151 153 1% Amount of Sales $244,919.96 $209,114.50 15% Number of Events 188 158 (16%) III.Increased Tourism The following list represents FTC participation in events during 2011 that potentially resulted in overnight guests from outside the NWA area. Because the FTC does not track client guest lists, we have no way to accurately determine revenue associated with each event. Event Name Event Date Martin Luther King Jr. Banquet January 17, 2011 Franklin Covey Seminar January 26, 2011 SARPA February 5, 2011 Smart Step Literacy February 22, 2011 Bassnectar Concert February 25, 2011 IECA Conference March 31, 2011 Kappa Scholarship Banquet April 4, 2011 UA Towers Aril 8, 2011 Smart Step Literacy Aril 27, 2011 Mutual of Omaha Aha Moments May 2011 UA Law School Graduation May 21, 2011 Fayetteville Adult Education Graduation May 24, 2011 Haas Hall Graduation May 31, 2011 UA Literacy Symposium June 23, 2011 Ronnie Brewer Foundation Banquet July 30, 2011 Various Wedding Receptions K\Town Center\Town Center ReportsA2011 Fayetteville Town Center Report.doc Pagel of3 Fayetteville Town Center Report Page 2 of 4 IV.Financial Viability Summary 2010 BUDGET YTD 2011 (August 2011 Budget $416,897.00 $414,722.00 Revenue $260,550.68 $283.299.96 Expenses $267,793.02 $414,222.16* *This number includes cost of renovations including carpet and painting facility. V. Facility Use Summary (January— September) 2010 2011 Sales 153 115 # executed contracts Sales $284,592.00 $209,114.50 $ executed Contracts Collections $305,348.40 $283,299.96 VI.Non-Profit and Community (January—September) 2010 2011 Total Events 188 158 Non-Profit Events 24 19 Ratio: NP to Total Events 13% 12% VII. Community Support ❖ First Thursdays—Plaza. ❖ Girl Scouts Thinking Day. •S Earth Day Celebration on plaza. ❖ Public services including use of plaza to expand local Farmers Market, provision of public restrooms and parking for public events. ❖ Parks and Recreation Department Celebration of Trees on Plaza. ❖ Use of plaza for peaceful assembly, public speaking (i.e. Peace Rallies, Public Awareness of crippling illnesses such as cancer and leukemia) and political announcements. ❖ Local artists displaying their art in the Town Center Lobby offering enrichment of the arts for our community. ❖ Fayetteville High School P.S.A.T. testing. ❖ Dahli Lama Opening Ceremony on plaza. ❖ A list of non-profit events at the Town Center is available upon request. K\Town Center\Town Center ReportsA2011 Fayetteville Town Center Report.doc Page 2 of 3 Fayetteville Town Center Report Page 3 of 4 VIII. Feedback Gray/Carpenter Reception—Everything was amazing!!!You all made it so easy for us to pull off an awesome night! Thank you so much. Arkansas High School Coaches Association Clinic—Great facility and excellent service. Fayetteville Public Schools—The staff was a pleasure to work with. ABC Home Inspection Institute—Great accommodations and we will continue to use the facility year after year. IX.Fayetteville Town Center Staff • Sandra Bennett, Facilities Manager • Lynn Gill, Sales Director • Collin Brunner, Event Coordinator • Ashden White, Maintenance & Custodial X. Supporting Documentation (not included with report unless otherwise noted) • Income Statements: Actual vs. Budget 2010 and 2011 —included. • 2010 General Ledger • 2011 General Ledger • Customer Evaluation Summary K\Town Center\Town Center ReportsA2011 Fayetteville Town Center Report.doc Page 3 of 3 Fayetteville Town Center Report Page 4 of 4 City of Fayetteville,Arkansas V1 1.0425 Budget Adjustment Form A.5 artment Budget Year Division: Police Request Date Adjusto4@ m, UP age o 2011 Department: Police 12/20/2011 BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION Acceptance of donations to the Fayetteville Police Department in support of officer service awards banquet. Prepared By: Division Head Date wnewman Reference: I"yZ1 Bu getrecctttorr Date Budget& Research Use Only 4 21Z I Type: A B C D E P Department Director ° Dto Q b Z-Z-2,6[( General Ledger Date Finance rec or Date Posted to General Ledger Chief f St'fff Date Initial Date Checked/Verified a or Date Initial Date TOTAL BUDGET ADJUSTMENT 1,800 1,800 Increase/(Decrease) Project.Sub Account Name Account Number Expense Revenue Number Donations - Police Dept 1010.0001.4808.02 1,800 03044 . 6 Employee recognition 1010.2920.5329.00 1,800 03044 . 6 EXHIBIT 1\fpd\dfs\user\Admin\wnewman\Willie\DonationslDec 2011\BA-Dec 2011 1 of 1 A.5 Fayetteville Police Department Donation Revenue Page 2 of 2 A.9 Pick-It Construction, Inc. Page 1 of 2 RESOLUTION NO. A RESOLUTION TO APPROVE A CHANGE ORDER WITH PICK-IT CONSTRUCTION, INC. IN THE AMOUNT OF $19,710.00 AND TO APPROVE A BUDGET ADJUSTMENT TO RECOGNIZE A DONATION FROM THE FAYETTEVILLE YOUTH BASEBALL LEAGUE UP TO $33,600.00 TO COMPLETE THIS PROJECT WHEREAS, the City of Fayetteville did not have sufficient funds budgeted to complete the entire improvement project for the Walker Park ball fields; and WHEREAS, the Fayetteville Youth Baseball League has offered to donate up to $33,600.00 to complete this project which enables the City to approve change orders to add back parts of the project which had to be removed for lack of funding. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a change order to the existing contract with Pick-It Construction, Inc. so that all of the Walker Park dugout and fan bleacher improvements can now be constructed. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment for up to $33,600.00 in donation revenue as needed to complete this whole Walker Park project, with the proviso that the City will expend all of its budgeted revenue (including contingency) first and use only that portion of the $33,600.00 donation as needed to complete the project and will return to Fayetteville Youth Baseball League any money not necessary to completely pay for this project. PASSED and APPROVED this 20th day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville,Arkansas Budget Adjustment Form A 9 V11.0425 n, Inc. Budget Year Division: Parks & Recreation Request Date AdjustmenT119WA it 2011 Department: Parks & Recreation 12/2/2011 BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION A budget adjustment in the amount of$33,600 to add funding in the Walker Park Baseball Project and to recognize donation from Fayetteville Youth Baseball Association to assist with the Walker Park Baseball Project. Byron Humphry 12/2/2011 Prepared By: Tracie Martin Division Head Date kspringer Reference: Bet Director Date Budget& Research Use Only r Connie Edmonsto� ,, 12/2/2011 Type: A B C D E P Department Directo n ' Date -P,A Q r + 12. 12.-26 (i General Ledger Date Fin nce Director Date Posted to General Ledger hie f.Staff Date Initial Date Checked/Verified yor z D e Initial Date TOTAL BUDGET ADJUSTMENT 33,600 33,600 Increase/(Decrease) Project.Sub Account Name Account Number Expense Revenue Number Contract services 2250.9255.5315.00 33,600 11024 . 1101 Donations 2250.0925.4809.00 33,600 11024 . 1101 Park improvements 2250.9255.5806.00 15,230 02002 . 1 Contract services 2250.9255.5315.00 (15,230) 11024 . 1101 C:\DOCUME-1\KSPRIN-1\LOCALS-1\Temp\xPgrpWse\BA BA 12.2.11 Donations_V2.xls 1 of 4 C.4 Kum&Go Appeal Page 1 of 20 Precision Kum & Go has a vibrant history of growth and innovation. We attribute this success to our outstanding associates and haw they approach our business each and every day. Our culture is built upon seven core values including: Caring FAMILY Teamwork Disci line PR rit work Ethic l� PROFE5510NALISM These core values heavily influence how Kum& Go is able to provide our customers with positive experiences,friendly services and quality products. We continually seek ways to improve how we interact with our customers. When they stop in our stores, we want to help them get on their way faster and make their lives easier. At Kum & Go,we make smart decisions by using facts, sound data and timely information. Our research guides us to make these decisions and we take pride in knowing our offerings have been specially selected with our customers in mind. We follow a simple philosophy when it comes to environmental stewardship and sustainability: let's make a difference in how we do business and build our stores. We strive to be a responsible retailer and a good corporate citizen in the communities in which we serve. We Go All Out! C.4 Kum&Go Appeal Page 2 of 20 Passion "For those of us who work with Kyle and Sharon on a regular basis. we see first-hand the compassion, caring and commitment that they have toward improving the communities in which Kum & Go does business.' Dennis N. Folden. Chief Operating Officer Kum&Go shares 10 percent of our profits with charitable and educational Did causes each year. Our dedication to giving back extends to a variety of Kum w. important charitable causes. ,,,r In 2010, Kum&Go President and CEO Kyle J. Krause, along with his wife, Sharon received the Outstanding Individual Philanthropist of the Year I7�� {Lf r award by the Association of Fundraising Professionals in Iowa. erCen t ofrAor pmfin r .. Kyle J. Krause, along with his wife, Sharon, were also honored with The b'Ck to the i Des Moines Register's"2010 Iowa Star Award."This prestigious award community? recognizes central Iowans who have given back to the community and made an extraordinary difference. C.4 Kum&Go Appeal Page 3 of 20 People Customer Testimonials `The infectious smile and engaging way of Kirby, Smile Project Winner#10, will pick you up.. The 22 year-old Sioux City native has only worked at this Kum& Go since July, but she's f _ already taken ownership of her customers'happiness and satisfaction...I've been a regular there for about a month and found her at the counter, holding a caffeine-free diet Pepsi in one hand and a Kit-Kat in the other for me." — Unsecret Mystery Shopper, West Des Moines, Iowa "I travel clear across town because of how they treat me as a customer and because . I feel like they are my family..that's what I call phenomenal service they were my heroes." —Letter from Peggy W. of Burlington, Iowa "Thank you for your professionalism and kindness...you get an A+" —Handwritten Note from Nitabelle S. of Branson, Missouri "He proceeded to go out in the rain and change her tire...for a customer who had her hands full with two young kids..." —Email about Mick R. at Store 2091 in West Des Moines, IA "...Kum &Go, because of that experience, I will stop& shop, as often as possible." `` Online Blog by Dave H.F1,111.1.1 � 11: t,. "Stephanie went over to the man and immediately took action to save his life..." Going All Out!Nomination from Kum & Go Associate } C.4 • r About Kum & Go • 400,000 daily customers • Inc. 5000: #20 in total revenue • • 430+ stores in 11 states • Forbes ranking- #238 - (largest privately held company)2008&2009 Kum & Go Leads The Way • Largest E85 retailer in the state of Iowa • One of the first convenient store chains in the nation to offer ' 1 a 10% ethanol blend • First convenience store in Iowa to receive LEED certifications for two stores Kum & Go Recent Recognitions • "2011 Iowa Star Award" The DesMoines Register (Kyle J. and Sharon S. Krause) • "2011 Biodiesel Marketing Award" Iowa Secretary of Agriculture • "2011 Distinguished Business Leadership Award" Greater Des Moines Leadership Institute (Kyle J. Krause) • "2011 Alumnus of the Year— Forty Under 40" Des Moines Business Record (Kyle J. Krause)