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HomeMy WebLinkAbout2013-12-17 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting December 17, 2013 A meeting of the Fayetteville City Council will be held on December 17, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. City Board of Health —Appointments must be made by the mayor and approved by the City Council to serve during the term of the appointing mayor. APPROVED 2. Public Facilities Board - Members must be nominated by a majority of the board and appointed by the mayor subject to confirmation of the governing body of the City. APPROVED 3. Nominating Committee Report: APPROVED Agenda Additions: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. Consent: 1. Approval of the December 03, 2013 City Council meeting minutes. APPROVED 2. Police Department Policy: A resolution approving Fayetteville Police Department policy 41.2.9 Foot Pursuit. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 249-13 3. Cruse Uniform and Equipment, Inc.: A resolution awarding RFP #13-17 and approving a contract with Cruse Uniform and Equipment, Inc. to serve as quartermaster for the Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 250-13 4. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the total amount of $3,050.00 recognizing donation revenue to the Fayetteville Police Department in support of officer service awards, general recognition and repair of the vandalized police memorial monument. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 251-13 5. Safeware: A resolution approving the purchase of a hazardous materials decontamination tent from Safeware through a cooperative purchasing agreement, in the amount of$42,060.74, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 252-13 6. Bid #13-54 College Shoe Shop: A resolution awarding Bid #13-54 and approving an agreement with College Shoe Shop in the amount of $22,000.00 for the purchase of wildland firefighting boots for the Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 253-13 7. General Construction Solutions, Inc. Change Order No. 3: A resolution approving Change Order No. 3 to the contract with General Construction Solutions, Inc. in the amount of$7,009.00, and approving an additional project contingency in the amount of $700.00, for the construction of improvements to Mount Sequoyah Gardens. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 254-13 8. CDBG Public Facility Lease Program: A resolution approving an amendment to the lease agreement with Prism Education Center for 2190 S. Razorback Road which is part of the CDBG Public Facility Lease Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 255-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. A&P Bond Special Election: A resolution approving a budget adjustment in the amount of$14,000.00 to provide funding for payment of costs related to the A&P Bond Special Election. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 256-13 B. Public Hearing: 1. Razing and Removal Costs for 515 E. Township Street: A resolution certifying to the Tax Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Marshall Aaron Mahan located at 515 E. Township Street in the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 257-13 2. Razing and Removal Costs for 1717 S. Stirman Avenue: A resolution certifying to the Tax Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Mary Lou Guthery located at 1717 S. Stirman Avenue in the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 258-13 3. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): Public hearing on the petition of the University of Arkansas to vacate Brenda Drive, Court and Walton Street and alley. THIS WAS A PUBLIC HEARING ONLY, NO VOTE WAS TAKEN C. Unfinished Business: 1. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An ordinance to approve the University of Arkansas' petition to vacate Brenda Drive, Court Street, Walton Street and a thirty foot wide alley all within property owned by the University of Arkansas. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. This was left on the Second Reading and Tabled to the December 17, 2013 City Council meeting. TABLED TO THE JANUARY 21, 2014 CITY COUNCIL MEETING 2. Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors Located on Private Property. This ordinance was left on the First Reading at the November 19, 2013 City Council meeting and tabled to the December 17, 2013 City Council meeting. TABLED TO THE JANUARY 21, 2014 CITY COUNCIL MEETING 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. ADM 13-4450 (Pratt Place Inn): An ordinance amending a Commercial Planned Zoning District entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section 1. This ordinance was left on the First Reading at the November 19, 2013 City Council meeting. This ordinance was left on the Second Reading at the December 3, 2013 City Council meeting. THIS ORDINANCE FAILED D. New Business: 1. Bid #13-56 APAC-Central, Inc.: A resolution awarding Bid #13-56 and approving a contract with APAC-Central, Inc. in the amount of$4,587,250.02 for construction of Van Asche Drive, approving a ten percent(10%) project contingency, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 259-13 2. VAC 13-4533 (2732 & 2734 Wildwood/Legacy): An ordinance approving VAC 13- 4533 submitted by Bates and Associates for property located at 2732 and 2734 Wildwood to vacate a utility and drainage easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5643 3. RZN 13-4538 (Razorback Road/Victory Commons): An ordinance rezoning that property described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S Razorback Road from 1-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare. LEFT ON THE FIRST READING 4. Solid Waste Services: A resolution to develop a Request For Qualifications or Proposals for the planning of a 10-year expansion of solid waste services to attain a diversion rate of 80% and to delay the scheduled rate study of solid waste services until its completion and adoption or rejection. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 260-13 E. City Council Agenda Session Presentations: 1. Animal Services Presentation—Justine Lentz, Animal Services Superintendent F. City Council Tour: G. Announcements: Adjournment: 10:20 pm 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 aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: December 17,2013 Adjourn: Subject: Roll Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan Subject: OrMiAC&i �aNM1tit 1C2polvt £ �44J Pak- Motion To: Motion By: 61, Seconded: Marsh Kinion ✓ Petty Tennant PP Schoppmeyer �✓ Adams Long Gray Mayor Jordan City Council Meeting: December 17, 2013 Subject: Consent Motion To: Motion By: Seconded: T Marsh Kinion �?QSSd Petty ✓ Tennant ✓ M�u�tco Schoppmeyer ✓ Adams ✓ �,r® Long Gray -}hru Mayor Jordan -b Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: December 17,2013 Subject: Razing and Removal Costs for 515 E. Township Street: Motion To: Motion By: Seconded: kin 10/1 B. 1 Marsh �O Public Kinion ✓ Hearing Petty wo� Tennant ✓ Schoppmeyer ✓ fiq Adams Long Gray 2 �3 Mayor Jordan Subject: Razing and Removal Costs for 1717 S. Stirman Avenue Motion To: Motion By: Seconded: B 2 Marsh Public Kinion Hearing Petty Tennant ✓ Schoppmeyer ✓ Adams Long LOI-� Gray Mayor Jordan S''0 City Council Meeting: December 17,2013 Subject: VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas) Motion To: Motion By: Seconded: B. 3 Marsh Public Kinion Hearing Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: December 17,2013 Subject: VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas) Motion To: 3rd Pim omd �ad4 h in y� 6*IJ& 0CA4y n� u, 021130ta� CA 40 azFz p ' Motion By: Tr? a p( , u Seconded: GQ�a✓ C. 1 Marsh V a� Unfinished Kinion ✓ tM e_ Business Petty ✓ At 0.0 Tennant &WtaowJ Schoppmeyer /y JIM A Adams AW 17-pa Long Gray All Mayor Jordan 8-0 Wt 3-5 No V044- Subject: Amend Chapter 178 Motion To: 0 � Motion By: Seconded: C.2 Marsh Unfinished Kinion Business Petty Tennant Schoppmeyer y1d, i i Adams v Long s� ' Gray Mayor Jordan City Council Meeting: d Subject: V/ c 1 q,010 vriuf�/ " j. Ld4� ket ./ 14-YA Motion To: a-a14 Motion By: , Seconded: Marsh v� Kinion -- Petty Tennant OCw�" Schoppmeyer 4-0 Adams t r Long .� a®i Gray a® Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: December 17,2013 Subject: ADM 13-4450 (Pratt Place Inn) $rJ Motio3rd RAJ ok =ion n To: Motion By: T•S Seconded: C. 3 Marsh Unfinished Kinion ✓ {/ /�U ✓ se c^ ✓ Business Petty Tennant ✓a ✓ Schoppmeyer Adams i/ N /✓ Long p✓ ✓' ✓ Gray /✓ Mayor Jordan 'Q Subject: AO r`1 - 15 - 4450 PAO &,r_cc Jnn Motion To: lk&U4 0 Motion By: Seconded: Marsh n/ 13. Kinion n/ (�n�mrSas� Petty Al A/ Atufndr✓ Tennant /v 1 � +. Schoppmeyer A/ iV + Adams ✓ N Long V // Gray Mayor Jordan $eta o 4, City Council Meeting: December 17,2013 Subject: Bid#13-56 APAC-Central,Inc. Motion To: ApprOV& Motion By: �O Seconded: D. 1 Marsh New Kinion ✓ Business Petty Tennant Schoppmeyer Adams Long ✓ Gray Mayor Jordan Subject: VAC 13-4533 (2732 & 2734 Wildwood/Le acy) Motion To: Motion By: n Seconded: D.2 Marsh �/ ✓ �/ New Kinion ✓ ✓ ✓ Business Petty ✓ '� Tennant d` '� ✓ P � Schoppmeyer ✓� Adams t� �"t ✓ Long +� ✓ ✓ Gray A&PAJ dAW& Sews' Mayor Jordan -7 o City Council Meeting: December 17,2013 Subject: RZN 13-4538 (Razorback RoadNictory Commons) Motion To: Motion By: Seconded- D.3 econded:D.3 Marsh New Kinion Business Petty Tennant Schoppmeyer Adams ` Long �r Gray Mayor Jordan Subject: Solid Waste Services Motion To: Aw,w�k 4-0 &4t 6 rev Motion By: AAA. Seconded: D. 4 Marsh New Kinion w� Business Petty Tennant PAA4AJ Schoppmeyer ` r Adams Long Gray r� Mayor Jordan - aTyeqLviffe Departmental Correspondence LEGAL NSAS www.accessfayetteville.org 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: December 18,2013 / RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 17,2013 1. Police Department Policy: A resolution approving Fayetteville Police Department policy 41.2.9 Foot Pursuit. 2. Cruse Uniform and Equipment, Inc.: A resolution awarding RFP #13-17 and approving a contract with Cruse Uniform and Equipment, Inc. to serve as quartermaster for the Police Department. 3. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the total amount of$3,050.00 recognizing donation revenue to the Fayetteville Police Department in support of officer service awards, general recognition and repair of the vandalized police memorial monument. 4. Safeware: A resolution approving the purchase of a hazardous materials decontamination tent from Safeware through a cooperative purchasing agreement, in the amount of $42,060.74, and approving a budget adjustment. 5. Bid #13-54 College Shoe Shop: A resolution awarding Bid #13-54 and approving an agreement with College Shoe Shop in the amount of$22,000.00 for the purchase of wildland firefighting boots for the Fire Department. 6. General Construction Solutions, Inc. Change Order No. 3: A resolution approving Change Order No. 3 to the contract with General Construction Solutions, Inc. in the amount of$7,009.00, and approving an additional project contingency in the amount of$700.00, for the construction of improvements to Mount Sequoyah Gardens. 7. CDBG Public Facility Lease Program: A resolution approving an amendment to the lease agreement with Prism Education Center for 2190 S. Razorback Road which is part of the CDBG Public Facility Lease Program. 8. A&P Bond Special Election: A resolution approving a budget adjustment in the amount of $14,000.00 to provide funding for payment of costs related to the A&P Bond Special Election. 9. Razing and Removal Costs for 515 E. Township Street: A resolution certifying to the Tax Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Marshall Aaron Mahan located at 515 E. Township Street in the City of Fayetteville, Arkansas. 10. Razing and Removal Costs for 1717 S. Stirman Avenue: A resolution certifying to the Tax Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Mary Lou Guthery located at 1717 S. Stirman Avenue in the City of Fayetteville, Arkansas. 11. Bid #13-56 APAC-Central, Inc.: A resolution awarding Bid #13-56 and approving a contract with APAC-Central, Inc. in the amount of $4,587,250.02 for construction of Van Asche Drive, approving a ten percent (10%) project contingency, and approving a budget adjustment. 12. Solid Waste Services: A resolution to develop a Request For Qualifications or Proposals for the planning of a 10-year expansion of solid waste services to attain a diversion rate of 80% and to delay the scheduled rate study of solid waste services until its completion and adoption or rejection. 2 Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting December 17, 2013 A meeting of the Fayetteville City Council will be held on December 17, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. City Board of Health —Appointments must be made by the mayor and approved by the City Council to serve during the term of the appointing mayor. 2. Public Facilities Board - Members must be nominated by a majority of the board and appointed by the mayor subject to confirmation of the governing body of the City. 3. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the December 03, 2013 City Council meeting minutes. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Police Department Policy: A resolution approving Fayetteville Police Department policy 41.2.9 Foot Pursuit. 3. Cruse Uniform and Equipment, Inc.: A resolution awarding RFP #13-17 and approving a contract with Cruse Uniform and Equipment, Inc. to serve as quartermaster for the Police Department. 4. Fayetteville Police Department Donation Revenue: A resolution approving a budget adjustment in the total amount of $3,050.00 recognizing donation revenue to the Fayetteville Police Department in support of officer service awards, general recognition and repair of the vandalized police memorial monument. 5. Safeware: A resolution approving the purchase of a hazardous materials decontamination tent from Safeware through a cooperative purchasing agreement, in the amount of$42,060.74, and approving a budget adjustment. 6. Bid #13-54 College Shoe Shop: A resolution awarding Bid #13-54 and approving an agreement with College Shoe Shop in the amount of $22,000.00 for the purchase of wildland firefighting boots for the Fire Department. 7. General Construction Solutions, Inc. Change Order No. 3: A resolution approving Change Order No. 3 to the contract with General Construction Solutions, Inc. in the amount of$7,009.00, and approving an additional project contingency in the amount of $700.00, for the construction of improvements to Mount Sequoyah Gardens. 8. CDBG Public Facility Lease Program: A resolution approving an amendment to the lease agreement with Prism Education Center for 2190 S. Razorback Road which is part of the CDBG Public Facility Lease Program. 9. A&P Bond Special Election: A resolution approving a budget adjustment in the amount of$14,000.00 to provide funding for payment of costs related to the A&P Bond Special Election. B. Public Hearing: 1. Razing and Removal Costs for 515 E. Township Street: A resolution certifying to the Tax Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Marshall Aaron Mahan located at 515 E. Township Street in the City of Fayetteville, Arkansas. 2. Razing and Removal Costs for 1717 S. Stirman Avenue: A resolution certifying to the Tax Collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Mary Lou Guthery located at 1717 S. Stirman Avenue in the City of Fayetteville, Arkansas. 3. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): Public hearing on the petition of the University of Arkansas to vacate Brenda Drive, Court and Walton Street and alley. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. Unfinished Business: 1. VAC 13-4516 (Brenda Drive, Court and Walton Street/University of Arkansas): An ordinance to approve the University of Arkansas' petition to vacate Brenda Drive, Court Street, Walton Street and a thirty foot wide alley all within property owned by the University of Arkansas. This ordinance was left on the Second Reading at the November 19, 2013 City Council meeting. This was left on the Second Reading and Tabled to the December 17, 2013 City Council meeting. Left on the Second Reading 2. Amend Chapter 178: An ordinance to repeal §178.03 Sidewalk Vendors and enact a replacement §178.03 Sidewalk Vendors and Food Trucks and to repeal §178.04 Outdoor Mobile Vendors Located on Private Property and enact a replacement §178.04 Outdoor Mobile Vendors Located on Private Property. This ordinance was left on the First Reading at the November 19, 2013 City Council meeting and tabled to the December 17, 2013 City Council meeting. Left on the First Reading 3. ADM 13-4450 (Pratt Place Inn): An ordinance amending a Commercial Planned Zoning District entitled C-PZD 05-1670 Pratt Place Inn, to revise the hours of operation as listed in Section 1. This ordinance was left on the First Reading at the November 19, 2013 City Council meeting. This ordinance was left on the Second Reading at the December 3, 2013 City Council meeting. Left on the Second Reading D. New Business: 1. Bid #13-56 APAC-Central, Inc.: A resolution awarding Bid #13-56 and approving a contract with APAC-Central, Inc. in the amount of$4,587,250.02 for construction of Van Asche Drive, approving a ten percent (10%) project contingency, and approving a budget adjustment. 2. VAC 13-4533 (2732 & 2734 Wildwood/Legacy): An ordinance approving VAC 13- 4533 submitted by Bates and Associates for property located at 2732 and 2734 Wildwood to vacate a utility and drainage easement. 3. RZN 13-4538 (Razorback RoadNictory Commons): An ordinance rezoning that property described in rezoning petition RZN 13-4538, for approximately 5.09 acres, located at 731 S Razorback Road from I-1, Heavy Commercial and Light Industrial, to UT, Urban Thoroughfare. 4. Solid Waste Services: A resolution to develop a Request For Qualifications or Proposals for the planning of a 10-year expansion of solid waste services to attain a diversion rate of 80% and to delay the scheduled rate study of solid waste services until its completion and adoption or rejection. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 E. City Council Agenda Session Presentations: 1. Animal Services Presentation—Justine Lentz, Animal Services Superintendent F. City Council Tour: G. 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 aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 THE CITY OF FAYETTEV1Qi1E gtplgo gAslth Ta7yat vlle ADMINR�$fW2 113 West Mountain Fayetteville,All 72701 ARKANSAS P(479)575-8330 F(479)575-8257 December 11,2013 Fayetteville City Council & Nominating Committee Members Pursuant to City Code of the City Board of Health where it states "Vacancies on the Board shall be filled by appointmentfrom the Mayor with the approval of the City Council' I am making the following appointments for consideration of approval by the City Council: Shana Kasparek-- City Board of Health (Citizen at-large position) Thank you for your consideration of final approval for this appointment. S' cerely Lio ordan Ma Teiecommunications Device forthe Deaf MD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 City Board of Health Page 2 of 2 Public Facilities Board Appointment RECEIVEDa9e 1 of JAMES N. MCCORD DEC 0 5 2013 Attorney at Law CITY OFFAYETTEVIff The Fulbright Building CITY CLERICS FFI 217 E. DICKSON STREET SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 jimmccordlaw@gmail.com December 5, 2012 Kit Williams City Attorney City Administration Building 113 W. Mountain Fayetteville, AR 72701 VIA HAND DELIVERY Re: Public Facilities Board Resolution Nominating Hugh Earnest for Appointment by Mayor as Successor Member Subject to Confirmation by City Council Dear Kit: The term of Steve Clark on the Fayetteville Public Facilities Board (the "FPF") expires December 18, 2013. Ark. Code Ann. §14-137- 108(a)(B)(i)(a) states that successor members shall be nominated by a majority of the board and appointed by the mayor subject to confirmation by the governing body of the municipality (for a term of 5 years). Enclosed is a Resolution passed by the PFB on December 4, 2013, nominating Hugh Earnest to Mayor Lioneld Jordan for appointment as a successor member subject to confirmation by the City Council. I will hand deliver the signed minutes of the PFB meeting when I receive them. Please present the enclosed Resolution to Mayor Jordan. Assuming the Mayor appoints Hugh Earnest to the PFB, please have confirmation of the appointment placed on the next City Council agenda as an item for consideration by the Council. Public Facilities Board Appointment Page 2 of 4 Thank you for your assistance. Sincerely, vim" ames N. McCord Counsel to Public Facilities Board pc: Hon Lioneld Jordan (via hand delivery) Sondra Smith, City Clerk (via hand delivery) PFB Members (via e-mail) Hugh Earnest (via e-mail) Public Facilities Board Appointment Page 3 of 4 FAYETTEVILLE PUBLIC FACILITIES BOARD A RESOLUTION TO NOMINATE HUGH EARNEST TO MAYOR LIONELD JORDAN FOR APPOINTMENT AS A SUCCESSOR MEMBER OF THE FAYETTTEVILL PUBLIC FACILITIES BOARD SUBJECT TO CONFIRMATION BY THE FAYETTEVILLE CITY COUNCIL WHEREAS,the term of Steve Clark as a member of the Fayetteville Public Facilities Board will expire December 18,2013; and, WHEREAS,the City of Fayetteville has advertised for applicants to serve on the Public Facilities Board, and Hugh Earnest filed the only application; and, WHEREAS,the Fayetteville Public Facilities Board has determined that Hugh Earnest should be nominated as a successor member of the Board. NOW,THEREFORE,BE IT RESOLVED by the Fayetteville Public Facilities Board: Section 1. That Hugh Earnest is hereby nominated to Mayor Lioneld Jordan for appointment as a successor member of the Fayetteville Public Facilities Board subject to confirmation by the Fayetteville City Council. PASSED by majority vote with a quorum present o ecember 4, 2013. Approve . tep en E. Adams, Chairman Attest: -SteveEosby, Secre Public Facilities Board Appointment Page 4 of 4 C.2 Amend Chapter 178 Page 1 of 16 Amend Chapter 151: Definitions by adding the following definitions. Food Truck. A motorized and operational self contained vehicle equipped with facilities for cooking and selling food that is removed daily from the property on which it vends food. Mobile Vending Unit. A commercial establishment designed to be readily moveable. C.2 Amend Chapter 178 Page 2 of 16 778.03 Sidewalk Vendors and Food Trucks (4) The applicant has notified all adjacent property owners, by certified mail, of the (A) Purpose. application. (1) Sidewalk Vendors. Public rights-of-way (C) Permit Application. Each application for a are designed for free and unobstructed sidewalk vendor or food truck permit shall be travel. However, the City of Fayetteville accompanied by a $100 application and recognizes that certain development permit fee. Food truck permits shall be patterns with wide sidewalks are unique accompanied by the $100 permit fee for and that certain public amenities are not each location requested for approval. All inconsistent with the underlying permits issued after July 1st shall be dedication for the public right-of-way, as accompanied by a $50 application and long as they do not impede travel or permit fee. Each permit will expire at 3 a.m. interfere with the public safety. This on January 1st following the year issued. ordinance is designed to regulate open The permit fee shall be collected prior to air vending of goods on public rights-of- issuance of the permit. way. (1) Application for a sidewalk vendor or (2) Food Trucks. The City of Fayetteville food truck permit shall include the encourages a diversity of business following items in a format acceptable to opportunities and support the Zoning and Development entrepreneurship by establishing Administrator: ordinances designed to allow mobile (a) Name, address and contact food trucks to fluoric in the city. Food trucks may be permitted to locate on information of the owner and private property on an annual basis operator of the mobile device as through an administrative approval well as the contact information of process. Food trucks may also be the property owner if applicable. permitted to operate on public property temporarily if approved through a (b) Type of items sold or services special event permit process rendered. administered by the City. In all cases, (c) A valid copy of all necessary food trucks shall be removed daily from the property on which they were permits required by State and vending. County health authorities. (B) Sidewalk Vendor and Food Truck (d) Proof of application for remittance Authorization. The Zoning and Development of HMR tax to the City of Administrator may issue a permit for a Fayetteville. sidewalk vendor or food truck to use a specific sidewalk, plaza location or private (e) Means to be used in conducting property for specified hours to sell specified business, including but not limited goods for up to a one year period. In addition to, a description of any mobile to the general use requirements, the Zoning container or device to be used for and Development Administrator shall ensure transport or to display approved that no permit is granted unless: items or services. (1) The applicant has obtained all (f) A site plan indicating the location necessary permits from State or County and dimensions of the proposed authorities. vehicle or pushcart. (2) The applicant has submitted a sales and (g) A detailed scale drawing, picture or use tax number, sales tax remittance diagram and material specifications forms and an affidavit that the applicant of the vehicle or pushcart to be has fully paid all sales and use taxes used. during the previous twelve months, if (2) The permit issued shall not be applicable. transferable in any manner. (3) The applicant has filed a HMR tax remittance form with the City of (3) The sidewalk vending or food truck Fayetteville,when applicable. permit is good for one location only.