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HomeMy WebLinkAbout2012-09-04 - 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 September 04, 2012 A meeting of the Fayetteville City Council will be held on September 04, 2012 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 August 21, 2012 City Council meeting minutes. APPROVED 2. Lifesource International Lease Agreement: A resolution approving a lease agreement with Lifesource International for premises located at 1932 S. Garland Avenue in exchange for services to the citizens of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department policies 12.2.1 Policies, Procedures and Rules Development and Review Procedures, 41.1.1 Patrol, 41.2.8 Vehicular Pursuit, 41.3.5 Grooming and Uniform Requirements, 54.1.1 Public Information Policy, and 46.1.1 Critical Incidents. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-12 4. Allied Waste Services of Bella Vista: A resolution approving one (1) year extension agreement with Allied Waste Services of Bella Vista to haul and dispose of solid waste and recycling in the City. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 176-12 5. Bid #12-65 Benchmark Construction of NWA, Inc.: A resolution awarding Bid #12- 65 and authorizing a contract with Benchmark Construction of NWA, Inc. in the amount of $335,230.42 for installation of a concrete pad and associated work at the City solid waste and recycling facility, approving a project contingency of $33,523.04, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 177-12 6. Solid Waste Hauling and Disposal Fees: A resolution approving a budget adjustment in the amount of $303,598.00 to provide funding for solid waste hauling and disposal fees. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 178-12 7. Keep Fayetteville Beautiful Committee: A resolution authorizing the Mayor to appoint up to seven (7) persons to serve at the pleasure of the Mayor as a Keep Fayetteville Beautiful Committee to facilitate creation of a Keep Fayetteville Beautiful affiliate to work in coordination with Keep Arkansas Beautiful and Keep America Beautiful, and sunsetting the authorization for this committee upon incorporation of a private non-profit organization. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 179-12 8. SWEPCO Energy Block Grant Rebate: A resolution approving a budget adjustment in the amount of $14,561.00 recognizing revenue from the SWEPCO Energy Block Grant Rebate and allocating the revenue to the LED Trail Lighting Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-12 B. Unfinished Business: 1. ADM 12-4144 3078 N. College Ave. Siebert Appeal: A resolution to reverse the Planning Commission's decision to grant and thereby to deny the variance to Eric Siebert to operate his Shave the Planet business longer than 90 days as an outdoor mobile vendor. This resolution was Tabled at the July 03, 2012 City Council meeting to the September 04, 2012 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Amerlux Exterior, LLC: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with for the purchase of seventeen (17) streetlight poles and fixtures manufactured by Dynamic Lighting, Inc. in the total amount of $28,415.93 for installation on downtown improvement projects along Mountain Street, College Avenue, Center Street, East Avenue and Meadow Street. This ordinance was left on the First reading at the August 21, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5520 3. Amend §154.03 Private Parties/Zoning Amendment: An ordinance to amend §154.03 Private Parties/Zoning Amendment to clarify the powers of the Planning Commission and City Council when a property owner seeks rezoning. This ordinance was left on the First reading at the July 17, 2012 City Council meeting. This ordinance was left on the Second reading at the August 7, 2012 City Council meeting. This ordinance was left on the Second reading and Tabled until an Attorney General opinion is received. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5521 C. Public Hearing: 1. Fayetteville Taxi LC, Public Convenience Necessity: A resolution granting a Certificate of Public Convenience and Necessity to Fayetteville Taxi LC for the operation of one (1) to four (4) taxicabs in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-12 D. New Business: 1. 2012 Arkansas Department of Environmental Quality E-Waste Grant: A resolution approving application for a 2012 Arkansas Department of Environmental Quality E- Waste Grant of$25,000.00 for an E-Waste coupon redemption program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-12 2. Enact Article XXIV Audit Committee and Internal Auditor: An ordinance to enact Article XXIV Audit Committee and Internal Auditor into Chapter 33 Departments, Boards, Commission and Authorities of the Code of Fayetteville. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5522 3. Amend Chapter 166.04 Required Infrastructure Improvements — Development in City Limits: An ordinance amending subsection 166.04(1)(ii)(g) of Chapter 166 Development of the Unified Development Code to change the fee-in-lieu formulas related to parkland dedications. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5523 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Hughmount Village Development Sewer Extension: A resolution to approve the extension of the City's sewerage system beyond the city limits to the proposed Hughmount Village Development. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-12 City Council Tour: Announcements: Adjournment: 8:25 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: 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 aides 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 Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: September 4,2012 Adjourn: e l Subject: Roll Boudreaux Kinion i/ Petty Tennant Ferrell Adams Lewis ✓ Gray VZ Mayor Jordan Subject: Motion To: Motion By: Seconded: Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan City Council Meeting: September 4,2012 Subject: Consent Motion To: Motion By: d Aeau, Seconded: Boudreaux M w Kinion Petty Tennant r� Ferrell Adams 1 Lewis 1� Gray O _ I Mayor Jordan -b Subject: Motion To: Motion By: Seconded: Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan City Council Meeting: September 4, 2012 Subject: ADM 12-4144 3078 N. College Ave. Siebert Appeal Motion To: Motion By: Seconded: B. 1 Boudreaux f/ Unfinished Kinion Business Petty Tennant Ferrell ✓ Adams ✓ Lewis �✓ Gray Mayor Jordan -0 Subject: Amerlux Exterior,LLC Motion To: peA 3rd Rej t- . Motion By: Seconded: B 2 Boudreaux i✓ �/ Unfinished Kinin ✓ i/ A Business Petty /V Tennant ✓ �/ PFerrell ✓ �— P111- Adams ✓ 1/ ✓ Lewis I✓ ✓ /V Gray �O Mayor Jordan � ,� -7 - 1 5"3 City Council Meeting: September 4,2012 Subject: Amend 154.03 Private Parties/Zoning Amendment Motion To: and I&d PLA-2 Motion By: r Seconded: AAOW B. 3 Boudreaux i/ f Unfinished Kinion ✓ �/ Business Petty ✓ We, Tennant ✓ ✓ Ferrell 1✓ ✓ Adams ✓ ✓ Lewis ✓ Gray 5 �1 Mayor Jordan Subject: Motion To: Motion By: Seconded: Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan City Council Meeting: September 4, 2012 Subject: Fayetteville Taxi LC,Public Convenience Necessity Motion To: .e Motion By: �( Seconded: �`h C. 1 Boudreaux Public Kinion ✓ Hearing Petty ✓ Tennant ✓ Ferrell ✓ Adams ✓ Lewis ✓ Gray ✓' l�� I Mayor Jordan 8 -o Subject: Motion To: Motion By: Seconded: Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Gray Mayor Jordan City Council Meeting: September 4,2012 Subject: 2012 Arkansas Department of Environmental Quality E-Waste Grant Motion To: Motion By: i Seconded: ,a� y D. 1 Boudreaux ,✓ New Kinion ✓ Business Petty Tennant ✓ Ferrell 1�Q¢� Adams ✓ Lewis ✓ Gray ga Mayor Jordan g-o Subject: Enact Article XXIV Audit Committee and Internal Auditor Motion To: a Motion By: Q Seconded: D 2 Boudreaux New Kinion ✓� Business Petty ''"� ✓ � �• Tennant ✓ ✓ Ferrell ✓ ✓ �kA Adams ✓ ✓ ✓ Lewis tr' '� ✓ Gray Mayor Jordan ap S-D �-d City Council Meeting: September 4,2012 Subject: Amend Cha ter 166.04 Required Infrastructure Improvements-Develo ment in City Limits Motion To: t Motion By: Seconded: 1 f�)^;®n D. 3 Boudreaux ✓ New Kinion i/ '� ✓ Business Petty )/ ° ✓ Tennant ✓` v'l- Ferrell ✓� `°� ✓ Adams )� ✓ Lewis ),✓ ✓ `✓ Gray ✓ 1� YJ Mayor Jordan Subject: Hughmount Village Development Sewer Extension � �� Motion To: k /Lr.�Gu^1f/ Motion By: A4 i�1�®rt 7r�vtit w Seconded: D. 4 Boudreaux New IGnion (/ Business Petty ✓ IV Tennant ✓ o Ferrell ✓ v �S Adams &s s✓ Lewis ✓ E✓ Gray ✓ —I Mayor Jordan ave evl le Departmental Correspondence LEGAL / ARKANSAS • • DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney (/ /�- DATE: September 5, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 4, 2012 1. Lifesource International Lease Agreement: A resolution approving a Lease Agreement with Lifesource International for premises located at 1932 S. Garland Avenue in exchange for services to the citizens of Fayetteville. 2. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department Policies 12.2.1, Policies, Procedures and Rules Development and Review Procedures, 41.1.1. Patrol, 41.2.8 Vehicular Pursuit, 41.3.5 Grooming and Uniform Requirements, 54.1.1. Public Information Policy and 46.1.1 Critical Incidents. 3. Allied Waste Services of Bella Vista: A resolution approving one year extension agreement with Allied Waste Services of Bella Vista to haul and dispose of solid waste and recycling in the City. 4. Bid #12-65 Benchmark Construction of NWA, Inc.: A resolution awarding Bid #12-65 and authorizing a contract with Benchmark Construction of NWA, Inc, in the amount of $335,230.42 for installation of a concrete pad and associated work at the City Solid Waste and Recycling Facility, approving a project contingency of$33,523.04 and approving a budget adjustment. 5. Solid Waste Hauling and Disposal Fees: A resolution approving a budget adjustment in the amount of $303,598.00 to provide funding for solid waste hauling and disposal fees. 6. Keep Fayetteville Beautiful: A resolution authorizing the Mayor to appoint up to seven persons to serve at the pleasure of the Mayor as a Keep Fayetteville Beautiful Committee to facilitate creation of a Keep Fayetteville Beautiful affiliate to work in coordination with Keep Arkansas Beautiful and Keep America Beautiful, and sunsetting the authorization for this committee upon incorporation of a private non-profit organization. 7. SWEPCO Energy Clock Grant Rebate: A resolution approving a budget adjustment in the amount of $14,561.00 recognizing revenue from the SWEPCO Energy Block Grant Rebate and allocating the revenue to the LED Trail Lighting Program. 8. Amerlux Exterior, LLC: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with Amerlux Exterior, LLC; for the purchase of seventeen streetlight poles and fixtures manufactured by Dynamic Lighting, Inc. in the total amount of $28,415.93 for installation on Downtown Improvement Projects along Mountain Street, College Avenue, Center Street, East Avenue and Meadow Street. 9. §154.03 Private Parties/Zoning Amendment: A ordinance to amend §154.03 Private Parties/Zoning Amendment to clarify the powers of the Planning Commission and City Council when a property owner seeks rezoning. 10. Fayetteville Taxi LC: A resolution granting a Certificate of Public Convenience and Necessity to Fayetteville Taxi LC for the operation of one to four taxicabs in the City of Fayetteville. 11. 2012 ADEQ E-Waste Grant: A resolution approving application for a 2012 ADEQ E-Waste Grant of $25,000.00 for an E-Waste Coupon Redemption Program. 12. Enact Article XXIV Audit Committee and Internal Auditor: An ordinance to enact Article XXIV Audit Committee and Internal Auditor into Chapter 33 Departments, Boards, Commissions and Authorities of the Code of Fayetteville. 2 13. Amend Chapter 166.04: An ordinance amending Subsection 166.04(1)(ii)(g) of Chapter 166 Development of the Unified Development Code to change the Fee-in-lieu formulas related to parkland dedication. 14. Hughmount Village Development: A resolution to approve the contract with Hughmount Village developers to allow the extension of the City's sewerage system beyond the city limits to the proposed Hughmount Village Development. 3 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 September 04, 2012 A meeting of the Fayetteville City Council will be held on September 04, 2012 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 August 21, 2012 City Council meeting minutes. 2. Lifesource International Lease Agreement: A resolution approving a lease agreement with Lifesource International for premises located at 1932 S. Garland Avenue in exchange for services to the citizens of Fayetteville. 3. Fayetteville Police Department Policies: A resolution approving Fayetteville Police Department policies 12.2.1 Policies, Procedures and Rules Development and Review Procedures, 41.1.1 Patrol, 41.2.8 Vehicular Pursuit, 41.3.5 Grooming and Uniform Requirements, 54.1.1 Public Information Policy, and 46.1.1 Critical Incidents. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Allied Waste Services of Bella Vista: A resolution approving one (1) year extension agreement with Allied Waste Services of Bella Vista to haul and dispose of solid waste and recycling in the City. 5. Bid #12-65 Benchmark Construction of NWA, Inc.: A resolution awarding Bid #12- 65 and authorizing a contract with Benchmark Construction of NWA, Inc. in the amount of $335,230.42 for installation of a concrete pad and associated work at the City solid waste and recycling facility, approving a project contingency of $33,523.04, and approving a budget adjustment. 6. Solid Waste Hauling and Disposal Fees: A resolution approving a budget adjustment in the amount of $303,598.00 to provide funding for solid waste hauling and disposal fees. 7. Keep Fayetteville Beautiful Committee: A resolution authorizing the Mayor to appoint up to seven (7) persons to serve at the pleasure of the Mayor as a Keep Fayetteville Beautiful Committee to facilitate creation of a Keep Fayetteville Beautiful affiliate to work in coordination with Keep Arkansas Beautiful and Keep America Beautiful, and sunsetting the authorization for this committee upon incorporation of a private non-profit organization. 8. SWEPCO Energy Block Grant Rebate: A resolution approving a budget adjustment in the amount of $14,561.00 recognizing revenue from the SWEPCO Energy Block Grant Rebate and allocating the revenue to the LED Trail Lighting Program. B. Unfinished Business: 1. ADM 12-4144 3078 N. College Ave. Siebert Appeal: A resolution to reverse the Planning Commission's decision to grant and thereby to deny the variance to Eric Siebert to operate his Shave the Planet business longer than 90 days as an outdoor mobile vendor. This resolution was Tabled at the July 03, 2012 City Council meeting to the September 04, 2012 City Council meeting. 2. Amerlux Exterior, LLC: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with for the purchase of seventeen (17) streetlight poles and fixtures manufactured by Dynamic Lighting, Inc. in the total amount of $28,415.93 for installation on downtown improvement projects along Mountain Street, College Avenue, Center Street, East Avenue and Meadow Street. This ordinance was left on the First reading at the August 21, 2012 City Council meeting. Left on the First Reading. 3. Amend §154.03 Private Parties/Zoning Amendment: An ordinance to amend §154.03 Private Parties/Zoning Amendment to clarify the powers of the Planning Commission and City Council when a property owner seeks rezoning. This ordinance was left on the First reading at the July 17, 2012 City Council meeting. This ordinance was left on the Second reading at the August 7, 2012 City Council meeting. This ordinance was left on the Second reading and Tabled until an Attorney General opinion is received. 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 C. Public Hearing: 1. Fayetteville Taxi LC, Public Convenience Necessity: A resolution granting a Certificate of Public Convenience and Necessity to Fayetteville Taxi LC for the operation of one (1) to four (4) taxicabs in the City of Fayetteville. D. New Business: 1. 2012 Arkansas Department of Environmental Quality E-Waste Grant: A resolution approving application for a 2012 Arkansas Department of Environmental Quality E- Waste Grant of$25,000.00 for an E-Waste coupon redemption program. 2. Enact Article XXIV Audit Committee and Internal Auditor: An ordinance to enact Article XXIV Audit Committee and Internal Auditor into Chapter 33 Departments, Boards, Commission and Authorities of the Code of Fayetteville. 3. Amend Chapter 166.04 Required Infrastructure Improvements — Development in City Limits: An ordinance amending subsection 166.04(1)(ii)(g) of Chapter 166 Development of the Unified Development Code to change the fee-in-lieu formulas related to parkland dedications. 4. Hughmount Village Development Sewer Extension: A resolution to approve the extension of the City's sewerage system beyond the city limits to the proposed Hughmount Village Development. City Council Tour: 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: 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 aides 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 Telecommunications Device for the Deaf TDD/TTY(479)521-1316 F• / QM�X,P CX t �°" "_ Q✓.Y.j-Lk^' /'2$/�a _ A.7 smlud w Solid Waste Hauling and Disposal Fees � Page 1 of 2 olwJ &I'V114 s a Jew Projected Projected 2012 Transfer Station Customer List 2009 tons 2010 tons 2011 tons 2012 tons 2012 tons Revenues 2009 0 Cash Customer Cash 10 2009 $13,275.51 $59 4 1.58 $54,940.52 $58,886.82 $94,218.91 0 Cash Customer-tons 213.08 913.46 850.41 892.90 1,428.84 Weight Ticket Only Customers($0-$5.46 PER 999 TICKET Cash 10 2009 $25.00 - $207.48 $10.92 $17.47 Weight Ticket Only 999 Customers-#tickets 5.00 38.00 2.00 515 Madison County Charge 10 2009 314.56 1 45. 1.377. 2 919.17 1,470.67 501 Allied Waste Charge 10 2009 621.52 173.85 28.37 500 1 Cornerstone Charge 10 2009 3.60 17.10 15.78 9.64 15.42 Fayetteville Housing 505 Authority Char a 102009 0.38 .;2.10 507 Haul Awa Cash 102009 24.45 40.46 87.79 - 67. 5 108.24 512 Trash May Cash 102009 496.75 2,61 .7 3,151.11 1,960.51 3,136.82 509 Four Seasons Trash Cash 122009 1.87 35.55 16.98 10.32 16.51 2010 508 1 Courtesy Sanitation Cash 1012010 170.39 290.17 . 220.11 352.18 511 ISouthern Disposal Cash 1012010 202.78 - 516 Packa in S ecialUes Cash 032010 Recycling 504 Murry Cash 032010 1,10 550 Arkhoma Solutions Char a 05 2010 45.06 174.25 278.80 Contractors Waste-30 513 Services Cash 052010 14.93 1.16 555 Habitat for Humana Char a 06 2010 12.34 4.57 502 Merck Industries Cash 062010 Recycling 520 Perme Construction Charge 08 2010 17,541, 8.25 1.67 2.67 530 Sun oast Mgmt Ho. Cha a.092010 1 3.16 506 Phalli s Trash Service Cash nla 525 lVaughn Recycling Cash Recycling 2011 517 4D Services Char a 03 2011 1,037. 9 1,650.21 2,64 .34 540 Ed Wells Charge 03 2011 BAD DEBT -54.82 Q.32 . 535 Your Choice Services Cha a 03 2011 BAD DEBT -591.9 11.52, 545 Trinity Multi Family Charge 04 2011 46.65 51.81 82.90 Let it Shine,mobile 560 detailing Char e 0 2011 BAD DEBT -3713.64. 84-00 565 Potter House Thrift Store Charge 08 2011 2.79 8.76 14.02 570 Hand man Matters Charge 09 2011 1.06 1.47 2.35 575 Paradi m Develo ment Charge 09 2011 13.68 1 21.09 33.74 2012 A.7 Solid Waste Hauling and Disposal Fees Page 2 of 2 518 Hanna's Candle Co her a 03 2012 18.69 29.90 580 Quality Custom Homes Cash 05 2012 _ Mid America Management 519 Assoc. Cash 05 2012 585 Milestone Construction Charge 07 2012 Boston Mountain SW 510 District Char a 08 2012 521 Richland Construction Char a 08 2012 590 Hiland Dairy Cash 08 2012 1,676.21 5,705.82 7,029.47 6,008.25 9,613.20 Yearly Tons 558.74 475.49 585.79 801.10 Average tons per month �4 d OL-r n' 6- &W QI- City of Fayetteville Staff Review Form A 8 q _ Aja, J,u0., „ SWEPCO Energy Block Grant Rebate iS�og''o� fU l-u'� .v� City Council Agenda Items Page 1 of 4 oe 5 and Contracts, Leases or Agreements 9/4/2012 City Council Meeting Date Agenda Items Only Paul Becker Driector of Finance Administration Submitted By Division Department Action Required: A resolution to recognize rebate revenue for The Energy Block Grant and to allocate that revenue to the LED light program for trails ($14,561.00) $ 14,561.00 $ 774,900.00 Energy Block Grant Cost of this request Category/Project Budget Program Category/Project Name 2240.0924.4311.00 2240.9240.5210.00 $ 757,180.00 LED lights Account Number Funds Used to Date Program/Project Category Name 09011.0010 09011.0030 $ 17,720.00 Energy Block Grant Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached 0 0t. 8.77, Uri, Previous Ordinance or Resolution# RES 201-09 Departm Director Date Q Original Contract Date: Original Contract Number: CitiVerhey UDate PR..� c) , Pa�,�t _ d-vs-wt-L 08-27-12P03:47 R C V D Fin ce and Internal Services Director Date Received in City Clerk's Office ` UD-9-1 Ch f of St Date tERMEODReceived in /a Mayor's Office or Date Comments: Revised January 15,2009 CITY COUNCAIL AGENDA MEMO Fay e dville MEETI�AIt'Pk�"S[IYgebate Pa YETTE THE CITY OF F7�YETTEVILLE,ARKANSAS S To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: Paul Becker Director of Finance Date: August 27, 2012 Subject: Energy Block Grant RECOMMENDATION City Administration recommends recognizing S WEPCO energy rebate revenue related to the solar panel on the District Court Building. This revenue should be recognized as revenue to the Energy Block Grant (EECBG) which made the solar purchase. And to combine this revenue with the funds remaining in the grant for the LED light program, which will purchase LED lights for the trails. BACKGROUND The Energy Block Grant purchased solar panels for the roof of the District Court Building. There have been rebates from the State of Arkansas regarding these panels (totalling $14,560.50). The revenue should be recognized to the Block Grant project, so the remaing grant funds and the rebates can be used to purchase LED trail lights. DISCUSSION The revenues that should be recognized: Date Amount 2/22/2011 $3265.50 4/19/2011 $2262.00 7/24/2011 $4365.00 11/14/2011 $4668.00 TOTAL $14,560.50 BUDGETIMPACT The remaining grant funds—combined with the revenues of the rebates ($14,560.50) would give the Energy Grant LED program $32,280.46 that would be used to purchase LED lights for the Trails program. The BA would true up the accounts and complete the grant drawing of funds by the deadline of September 13, 2012. Block Grant Agenda Memo 08272012 A.8 SWEPCO Energy Block Grant Rebate Page 3 of 4 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $14,561.00 RECOGNIZING REVENUE FROM THE SWEPCO ENERGY BLOCK GRANT REBATE AND ALLOCATING THE REVENUE TO THE LED TRAIL LIGHTING PROGRAM 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 budget adjustment, a copy of which is attached as Exhibit "A", in the amount of $14,561.00 recognizing revenue from the SWEPCO energy block grant rebate and allocating the revenue to the LED trail lighting program. PASSED and APPROVED this 4s'day of September, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas 25 Budget Adjustment Form A.a ckGra 9 1 SWEPCO Energy Block Grant Rebate 4 4 Budget Year Division: Finance Director Request Date Mjustment Number 2012 Department: Finance Director $/27/2012 BUDGET ADJUSTMENT DESCRIPTION I JUSTIFICATION Recognize rebate revenue-all funds will be used for LED lighting for the trails. Yo,,� Q • tdv.J� 8 -17- a is, Prepared By: Division Head Date kspringer P 22 Reference: Budget Director Date Budget& Research Use Only Type: A B C D E P Department Director Date C `o'A q • Q, _ 8 M -Utr-, General Ledger Date Fa Director Date in7e $—/Y Posted to General Ledger C hif Staf v� Date Initial Date ✓-- o oTB /Y Checked I Verified Date I Initial Date TOTAL BUDGET ADJUSTMENT 14,561 14,561 Increase/(Decrease) Project.Sub Account Name Account Number Expense Revenue Number State Rebates 2240.0924.4311.00 14,561 09011 . 0010 Minor equipment 2240.9240.5210.00 14,561 09011 . 0030 EXHIBIT J:IEXCEUEnergy Block Grant\Council Packet\BA complete Energy Grant 1 of 1 City of Fayetteville Staff Review Form B 3 Amend§154.03 Private City Council Agenda Items Parties/Zoning Amendment and Page 1 of 18 Contracts, Leases or Agreements 7/17/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: ADM 12-4170: Administrative Item (UDC SECTION 154.03(C)(2)): Submitted by the CITY PLANNING DIVISION to repeal UDC section 154.03(C)(2). Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached �llhr�&- pb•M•1AIL Previous Ordinance or Resolution# Department Direct r Date Ar air in.42 t 1- Original Contract Date: -Joy 2- , Z,yf'L Original Contract Number: City Attorney Date Vi � 4kjoe®N � Z— 06-2?-12A09 :29 RCVD Fi ane nd nternal SerycesDector Dat Received in City Clerk's Office ADS &— a� Chief of St ate / Received in / Mayor's Office yor Date Comments: G • � O ca rt gt� sl-7/tz t7ti ,ftp �.ig�., 9p ,,gyp �� Revised January 15,2009 C� On CY'r�sl / °it,; �04 i ✓ B.3 Amend§154.03 Private Parties/Zoning Amendment Mei THE CITY OF FAYETTEVIM,ARKANSAS Y DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Man, Chief of Staff From: Jeremy Pate, Development Services Director Date: June 20, 2012 Subject: ADM 12-4170 Repeal UDC Section 154.03(C)(2) Petition opposed to rezoning BACKGROUND: Chapter 154.03(C)(2) states that if a certain number of property owners have signed a petition opposed to a rezoning, then the rezoning cannot become effective except by a three-fourths vote of the City Council. This code section appears to have been enacted with all other zoning and development code sections for the City during a Special Meeting of the City Board of Directors on June 29, 1970. The City Attorney does not believe this section of the code has ever been used in an attempt to require a super majority vote. Further, the City Attorney believes that this code section is illegal because it is beyond our statutory power. A memo from the City Attorney is attached. RECOMMENDATION: Staff recommends approval of an ordinance to amend the Unified Development Code to repeal Section 154.03(C)(2). BUDGET IMPACT: None. B.3 Amend§154.03 Private Parties/Zoning Amendment Page 3 of 18 CHAPTER 154: AMENDMENTS (c) Return to Planning Commission. By resolution, may return the proposed amendment to the Planning 154.03 Private Parties/Zonin 9 Commission for further study and Amendment recommendation. (A) Petition. Any private party or parties desiring an amendment to Chapter 160, upon payment of the appropriate fee, shall submit to the Planning Commission a petition giving the following information: are edlately,a (1) Legal description of the property involved; (2) Zoning classification request for the property; -t oall not bqr�*e and, Ai ,.; __. (3) Statement explaining why the proposed changes will not conflict with the surrounding (D) Re-petitions for amendment. No application for land uses. zoning amendments will be considered by the Planning Commission within 12 months from the (B) Action by Planning Commission. The Planning date of final disapproval of a proposed Commission may take one of the following amendment unless there is evidence submitted actions: to the Planning Commission which justifies reconsideration. (1) Approval. The proposed amendment may be approved as presented. (E) Withdrawal. (2) Approval in modified form. Approved in (1) Before publication. A petition for modified form by a majority of the Planning amendment may be withdrawn at any time Commission and recommended for adoption before publication of the notice and posting by the City Council with the reasons for such signs for the public hearing. recommendations stated in writing. (2) After publication and posting of notice. After (3) Disapproval. If the Planning Commission the publication and posting of notice, the disapproves a proposed amendment, the petition may be withdrawn at the discretion reason for such disapproval shall be given in of the Planning Commission. If the petition writing to the petitioner. is permitted to be withdrawn after the public hearing, it shall be in the Planning (4) Neither approves nor disapproves. If the Commission's discretion whether or not a Planning Commission neither approves nor petition affecting part or all of the same disapproves a proposed amendment within property may be refiled sooner than one year 45 days after the public hearing the action on from the date of withdrawal. such amendment by said Planning Commission shall be deemed favorable; this (Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; period may be further extended by vote of Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. the Planning Commission if all the parties 2716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. involved agree in writing to an extension. 4100,§2(Ex.A),6-16-98) Cross reference(s)--Notification and Public Hearings, (C) Action by the City Council. Ch. 157. (1) Action. The City Council, may take one of 154.04-154.99 Reserved the following actions: (a) Approval. The City Council, by majority vote, may by ordinance adopt the recommended amendment submitted by the Planning Commission. (b) Modify and adopt. By ordinance, may modify and adopt the proposed amendment. B.3 Amend§154.03 Private Parties/Zoning Amendment T a of 18 pue Departmental Correspondence _ LEGALDEPARTMENT Kit Williams CityAttorney TO: Mayor Jordan Jason B.Kelley City Council Assistant CityAttorney CC: Andrew Garner, Senior Planner—Current Planning Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: June 18,2012 RE: Update on §154.03 (C)(2) Petition opposed to rezoning HISTORY My research reveals that this code section was enacted along with all other zoning and development code sections for the City during a Special Meeting of the City Board of Directors on June 29, 1970. The Board of Directors suspended the rules to get to the third and final reading at this Special Meeting. The minutes do not reflect any discussion or questions before Ordinance No. 1747 was passed unanimously. Current Code §154.03 (C) was on pages 85 and 86 of Ordinance No. 1747. During my six plus years as an Alderman and eleven plus years as City Attorney, I do not believe this section has ever been used in an attempt to require a super majority vote. I do not believe the City Board of Directors then nor the City Council now could require such a three-fourths vote to rezone property because it is probably beyond our statutory power to do so. Therefore I recommend the repeal of this probably illegal subsection of the UDC. A.C.A. §14-55-203 Voting requirements for passage -- Effective dates is the general state statute detailing how many votes are needed to pass an Ordinance or resolution: "To pass any bylaw, ordinance, resolution, or order, a concurrence of a majority of a whole number of members elected to the council shall be required." There are a few specific exemptions to this rule (for example a two-thirds vote is required to pass a business license tax). I i B.3 Amend§154.03 Private Parties/Zoning Amendment Page 5 of 18 The state statutes are clear that an amendment to the zoning of a district shall be "by a majority vote of the city council." A.C.A. §14-56-423. Can the Board of Directors or City Council place more strenuous requirements for passage of a zoning amendment than specified in state law? I do not think so. "(4-61 Cities have no inherent authority to enact legislation. That authority is dependent upon the Constitution and the General Assembly. Municipal zoning authority is conferred solely by state enabling legislation. Failure to comply with mandatory procedural requirements of the enabling statute renders a zoning ordinance invalid." Brooks v. City of Benton, 308 Ark. 571, 826 S.W. 2d 259, 261 (1992) (Citations omitted). (emphasis added) i Arkansas Attorney General David Pryor opined in Opinion NO. 2002-132: "a municipality may not, by the adoption of procedural rules, deviate from the requirement of state law. The procedure for the passage of municipal ordinances is a state, rather than a municipal affair." (emphasis added). 2