HomeMy WebLinkAbout2012-10-16 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position t—Adella Gray '..
T* Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams • J ye PV 1 Ward 2 Position I—Mark ew Petty/u' 1 Ward 2 Position 2—Matthew Pet
City Clerk Sondra Smith Ward 3 Position I—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position I—Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 16, 2012
A meeting of the Fayetteville City Council will be held on October 16, 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:
1. America in Bloom Award—Cindi Cope
Agenda Additions:
A. Consent:
1. Approval of the October 2, 2012 City Council meeting minutes. APPROVED
2. Bid #12-62 B&H Foto & Electronics Corp.: A resolution awarding Bid #12-62 and
authorizing the purchase of two (2) television studio camera systems from B&H Foto &
Electronics Corp. of New York, New York in the amount of$75,578.00, plus applicable
taxes.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 196-12
113 West Mountain Fayetteville,AR 72701 (479)575-9323 accessfayetteville.org
Telecommunications Device for the Deaf TDDnTY(479)521-1316
3. Community Development Block Grant Program: A resolution awarding bid and
authorizing the purchase of 1500 energy efficiency/weatherization kits from AM
Conservation Group in the amount of $55,500.00 plus applicable tax for use by the
Community Development Block Grant Program.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 197-12
4. Zara L. Thomas Revocable Trust Settlement: A resolution approving a settlement
agreement with Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust U/D/T
November 20, 1998 and of the Mary C. Thomas Revocable Trust U/D/T November 20,
1998, concerning condemnation litigation filed regarding the extension of Meadow
Valley Trail(U of A Farm Trail).
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 198-12
5. Arkansas State Highway and Transportation Department: A resolution approving
payment of$4,019,094.00 to the Arkansas State Highway and Transportation Department
representing the City's portion of construction costs related to improvements to State
Highway 16, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 199-12
B. Unfinished Business:
1. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood
Developments/Riggins): An ordinance rezoning that property described in rezoning
petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern
Road from R-A, Residential Agricultural to RSF-0.5, One Half Single-Family Units Per
Acre. This ordinance was left on the First Reading at the August 21, 2012 City Council
meeting and Tabled to the September 18, 2012 City Council meeting. This ordinance was
left on the First Reading at the September 18, 2012 City Council meeting and Tabled to
I the October 16, 2012 City Council meeting.
j THIS ITEM WAS LEFT ON THE SECOND READING.
,I
2. REO Holdings 1, LLC: An ordinance waiving the requirements of formal competitive
bidding and approving a cost-share agreement with REO Holdings 1, LLC in the amount
of$31,712.00 for the construction of an eight-inch water main near Bridgewater Lane.
This ordinance was left on the Third Reading at the October 2, 2012 City Council
meeting and Tabled to the October 16, 2012 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO.5536
C. Public Hearing:
1. Dynasty Taxi: A resolution granting a Certificate of Public Convenience and Necessity
to Dynasty Taxi Service, Inc. for the operation of a total of fifteen (15) to thirty (30)
taxicabs in the City of Fayetteville.
TABLED TO THE NOVEMBER 8,2012 CITY COUNCIL MEETING.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDDrM(479)521-1316
D. New Business:
1. VAC 12-4221 (2111 Martin Luther King Blvd./Panda Express): An ordinance
approving VAC 12-4221 submitted by Lorel Hoffman for property located at 2111
Martin Luther King Boulevard to vacate a portion of a water and sewer easement, a total
of 2,039 square feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5537
2. Arkansas Forestry Commission Memorandum of Agreement: An ordinance to waive
formal competitive bidding and approve a Memorandum of Agreement between the
Arkansas Forestry Commission and the City of Fayetteville to pay $20,000.00 and
$24,995.00 respectively to Plan-It GEO to conduct a tree canopy analysis for
Fayetteville.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5538
3. 2013 Residential Trash Rates: An ordinance waiving the requirements of Fayetteville
Code of Ordinances Section 50.40 (A)(4) for an automatic annual price adjustment of
residential trash rates for fiscal year 2013.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5539
4. Amend Chapter 33: An ordinance amending Article XVI: City Council Street
Committee of Chapter 33: Departments, Boards, Commission, and Authorities of the
Code of Fayetteville to amend the Purposes,Powers and Duties of the City Council Street
Committee.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5540
5. Amend Standing City Council Committees: A resolution to amend Rule E.l.a.
Standing City Council Committees of the Rules of Order and Procedure of the
Fayetteville City Council to clarify the advisory status of all committees.
THIS ITEM WAS TABLED INDEFINITELY.
E. City Council Tour:
1. October 15, 2012 at 4:30 pm — RZN 12-4166 (South of Brookbury Crossing & East
of Candlewood Developments/Riggins)
2. October 23,2012 at 4:30 pm—Wedington Drive Corridor
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
F. Announcements:
1. Reminder: The regular scheduled City Council meeting of November 6, 2012
has been changed to November 8, 2012. The City Council Rules of Order and
Procedure state: The City Council shall meet in regular session on the first and
third Tuesday of each month at 6:00 P.M. When a holiday or general election
occurs on any such Tuesday, the regular meeting shall be held on the following
Thursday at the same hour unless otherwise provided for by motion.
Adjournment: 9:45 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 tum 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 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: October 16,2012 Adjourn: Ca $ )OM
Subject: Roll
Tennant
Ferrell
Adams r/
Lewis
Gray
Boudreaux
Kinion
,Petty
Mayor Jordan
q�
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Mayor Jordan
City Council Meeting: October 16,2012
Subject: Consent
Motion To:
Motion By:
Seconded:
ti
Tennant
Ferrell ✓
approvd Adams
Lewis ✓
Gray ✓
Boudreaux
T Y Kinion
Petty
I Mayor Jordan
�-O
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Mayor Jordan
City Council Meeting: October 16,2012
Subject: RZN 12-4166 (South of Brookbury Crossing& East of Candlewood Developments/Riggins)
Motion To:
L14-
Motion By: ;�Zw,w
Seconded: .
B. 1 Tennant
Unfinished Ferrell /
Business Adams V--
Lewis Lewis ✓
Gray ✓
Boudreaux ✓
�qn Kinion ✓
1,74, x i Petty ✓
Mayor Jordan
9 -0
Subject: REO Holdings 1,LLC
Motion To:
Motion By:
Seconded:
B 2 Tennant
Unfinished Ferrell
Business Adams /
Lewis
� i Gray
Boudreaux
Kinion
Petty
5 5 Mayor Jordan
1
City Council Meeting: October 16,2012
Subject: Dynasty Taxi
Motion To:
O -Q- Aq 4 N1
Motion By: -All Od
Seconded: a nd
C. 1 Tennant
Public Ferrell
Hearing Adams
Lewis
I;W Gray
Boudreaux
NO t) Kinion
a4/.' Petty
Mayor Jordan
8-a
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mnion
Petty
Mayor Jordan
City Council Meeting: October 16,2012
Subject: VAC 12-4221 (2111 Martin Luther King Blvd./Panda Express)
Motion To: a n
Motion By:
Seconded:
n
D. 1 Tennant vlo�
New Ferrell ✓ �' ✓
Business Adams ✓ �'
Lewis �/ ✓ r/
Gray ✓ ,O i/
Boudreaux
Kinion
Petty ✓
5 Mayor Jordan
of t3
Subject: Arkansas Forestry Commission Memorandum of Agreement
Motion To: Fl
Motion By: Awi5 `
Seconded: f
.A F
D 2 Tennant
New Ferrell ✓ ✓ r�
Business Adams ,/ v'' ✓
Lewis ✓
Gray ~f
-- Boudreaux ,/ ✓ &-°
Kinion �/ ✓'
Petty
�'✓�� Mayor Jordan
City Council Meeting: October 16,2012
Subject: 2013 Residential Trash Rates
Motion To:
P-I%d and p�
Motion By:
Seconded: ,3
D. 3 Tennant ✓ ✓
New Ferrell ✓ ✓ ✓
Business Adams ✓ r/ �/
Lewis ✓ ✓ �/
Gray ✓ ✓
Boudreaux ✓ ✓ ✓
Kinion
Petty `� ✓
J 3� Mayor Jordan
Subject: Amend Chapter 33 #;
Motion To:
464 U
Motion By: c v_c CGS, C v..:/
Seconded:
D. 4 Tennant
New Ferrell ,/ ✓
Business Adams y/ t✓ �/
Lewis y� °� ty.
Gray ✓ °✓ ✓ ✓
Boudreaux ✓ ro ✓ ✓
Kinion �°` �' ✓
Petty ✓ 17 ✓
6 540Mayor Jordan
7"/
City Council Meeting: October 16,2012
Subject: Amend Standing City Council Committees
Motion To: -rap,
Motion By: f
Seconded:
D. 5 Tennant
New Ferrell
Business Adams
Lewis f
Gray
G� Boudreaux
Kinion I�
Petty
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Mayor Jordan
Lviaye aDepartmental CorrespondenceLEGAL
DEPARTMENT
Kit Williams
CityAttorney
Jason B.Kelley
Assistant City Attorney
TO: Mayor Jordan
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: October 17, 2012
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of October 16, 2012
1. Bid #12-62 B&H Foto & Electronics Corp.: A resolution awarding Bid
#12-62 and authorizing the purchase of two television studio camera systems from
B&H Foto & Electronics Corp. of New York, New York in the amount of
$75,578.00, plus applicable taxes.
2. CDBG Program: A resolution awarding bid and authorizing the purchase
of 1500 energy efficiency/weatherization kits form AM Conservation Group in the
amount of$55,500.00 plus applicable tax for use by the Community Development
Block Grant program.
3. Zara L. Thomas Revocable Trust Settlement: A resolution approving a
settlement agreement with Zara L. Thomas, trustee of the Zara L. Thomas
Revocable Trust U/D/T November 20, 1998, concerning condemnation litigation
filed regarding the extension of Meadow Valley Trail (U of A Farm Trail).
4. Arkansas State Highway & Transportation Department: A resolution
approving payment of $4,019,094.00 to the Arkansas State Highway &
Transportation Department representing the City's portion of construction costs
related to improvements to State Highway 16, and approving a budget adjustment.
5. REO Holdings 1, LLC: An ordinance waiving the requirements of formal
competitive bidding And approving a cost-share agreement with REO Holdings 1,
LLC in the amount of $31,712.00 for the construction of an 8" water main near
Bridgewater Lane.
6. Arkansas Forestry Commission Memorandum of Agreement: An
ordinance to waive formal competitive bidding and approve a Memorandum of
Agreement between the Arkansas Forestry Commission and the City of
Fayetteville to pay $20,000.00 and $24,995.00 respectively to Plan-It GEO to
conduct a tree canopy analysis for Fayetteville.
7. 2012 Residential trash Rates: An ordinance waiving the requirement of
Fayetteville Code of Ordinances §50.40(A)(4) for an automatic annual price
adjustment of residential trash rates for fiscal year 2012.
8. Amend Chapter 33: An ordinance amending Article XVI: City Council
Street Committee of Chapter 33: Departments, Boards, Commissions and
Authorities of the Code of Fayetteville to amend the purposes,powers, and duties
of the City Council Street Committee.
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
October 16, 2012
A meeting of the Fayetteville City Council will be held on October 16, 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:
1. America in Bloom Award—Cindi Cope
Agenda Additions:
A. Consent:
1. Approval of the October 2, 2012 City Council meeting minutes.
2. Bid #12-62 B&H Foto & Electronics Corp.: A resolution awarding Bid #12-62 and
authorizing the purchase of two (2) television studio camera systems from B&H Foto &
Electronics Corp. of New York, New York in the amount of$75,578.00, plus applicable
taxes.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Community Development Block Grant Program: A resolution awarding bid and
authorizing the purchase of 1500 energy efficiency/weatherization kits from -
in the amount of for use by the Community
Development Block Grant Program.
4. Zara L. Thomas Revocable Trust Settlement: A resolution approving a settlement
agreement with Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust U/D/T
November 20, 1998 and of the Mary C. Thomas Revocable Trust U/D/T November 20,
1998, concerning condemnation litigation filed regarding the extension of Meadow
Valley Trail (CT of A Farm Trail).
5. Arkansas State Highway and Transportation Department: A resolution approving
payment of$4,019,094.00 to the Arkansas State Highway and Transportation Department
representing the City's portion of construction costs related to improvements to State
Highway 16, and approving a budget adjustment.
B. Unfinished Business:
1. RZN 12-4166 (South of Brookbury Crossing & East of Candlewood
Developments/Biggins): An ordinance rezoning that property described in rezoning
petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern
Road from R-A, Residential Agricultural to RSF-0.5, One Half Single-Family Units Per
Acre. This ordinance was left on the First Reading at the August 21, 2012 City Council
meeting and Tabled to the September 18, 2012 City Council meeting. This ordinance was
left on the First Reading at the September 18, 2012 City Council meeting and Tabled to
the October 16, 2012 City Council meeting.
Left on the First Reading
2. REO Holdings 1, LLC: An ordinance waiving the requirements of formal competitive
bidding and approving a cost-share agreement with REO Holdings 1, LLC in the amount
of $31,712.00 for the construction of an eight-inch water main near Bridgewater Lane.
This ordinance was left on the Third Reading at the October 2, 2012 City Council
meeting and Tabled to the October 16, 2012 City Council meeting.
Left on the Third Reading
C. Public Hearing:
1. Dynasty Taxi: A resolution granting a Certificate of Public Convenience and Necessity
to Dynasty Taxi Service, Inc. for the operation of a total of fifteen (15) to thirty (30)
taxicabs in the City of Fayetteville.
D. New Business:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
1. VAC 12-4221 (2111 Martin Luther King Blvd./Panda Express): An ordinance
approving VAC 12-4221 submitted by Lorel Hoffman for property located at 2111
Martin Luther King Boulevard to vacate a portion of a water and sewer easement, a total
of 2,039 square feet.
2. Arkansas Forestry Commission Memorandum of Agreement: An ordinance to waive
formal competitive bidding and approve a Memorandum of Agreement between the
Arkansas Forestry Commission and the City of Fayetteville to pay $20,000.00 and
$24,995.00 respectively to Plan-It GEO to conduct a tree canopy analysis for
Fayetteville.
3. 2013 Residential Trash Rates: An ordinance waiving the requirements of Fayetteville
Code of Ordinances Section 50.40 (A)(4) for an automatic annual price adjustment of
residential trash rates for fiscal year 2013.
4. Amend Chapter 33: An ordinance amending Article XVI: City Council Street
Committee of Chapter 33: Departments, Boards, Commission, and Authorities of the
Code of Fayetteville to amend the Purposes, Powers and Duties of the City Council Street
Committee.
5. Amend Standing City Council Committees: A resolution to amend Rule E.l.a.
Standing City Council Committees of the Rules of Order and Procedure of the
Fayetteville City Council to clarify the advisory status of all committees.
E. City Council Tour:
1. October 15, 2012 at 4:30 pm — RZN 12-4166 (South of Brookbury Crossing & East
of Candlewood Developments/Riggins)
2. October 23, 2012 at 4:30 pm—Wedington Drive Corridor
F. Announcements:
1. Reminder: The regular scheduled City Council meeting of November 6, 2012
has been changed to November 8, 2012. The City Council Rules of Order and
Procedure state: The City Council shall meet in regular session on the first and
third Tuesday of each month at 6:00 P.M. When a holiday or general election
occurs on any such Tuesday, the regular meeting shall be held on the following
Thursday at the same hour unless otherwise provided for by motion.
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
A.2
Bid#12-62 B&H Foto&
Electronics Corp.
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AWARDING BID #12-62 AND AUTHORIZING THE
PURCHASE OF TWO (2) TELEVISION STUDIO CAMERA SYSTEMS
FROM B&H FOTO & ELECTRONICS CORP. OF NEW YORK, NEW YORK
IN THE AMOUNT OF $75,578.00, PLUS APPLICABLE TAXES
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 awards Bid
#12-62 and authorizes the purchase of two (2) television studio camera systems with from B&H
Foto & Electronics Corp. of New York, New York in the amount of$75,578.00, plus applicable
taxes.
PASSED and APPROVED this 16th day of October, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.2
Bid#12-62 B&H Foto&
Electronics Corp.
Page 2 of 2
B 1 Page 1 of 2
RZN 12-4166(South of
Brookbury Crossing&East
FWD: Re: Proposal for Conservation Easement-Brookbury ca ie od Developments/Biggins)
Sondra Smith-
[ p ry �g �f� acre
parcel]
From: <justin@tennantforcouncil.com>
To: "Sondra Smith" <ssmith@ci.fayetteville.ar.us>
Date: 10/8/2012 9:29 AM
Subject: [FWD: Re: Proposal for Conservation Easement- Brookbury Woods 21 acre parcel]
CC: "Kit Williams" <kwilliams@ci.fayetteville.ar.us>
Attachments: NE Fayetteville Eco-Corridor.jpg
Sondra,
We need this attached picture in our packet for the meeting on the 16th. It shows an aerial view
of some of some of the land we are considering to rezone for a development around the Brookbury
subdivision in east Fayetteville.
Thanks!
Justin
-------- Original Message --------
Subject: Re: Proposal for Conservation Easement - Brookbury Woods 21
acre parcel
From: "S Boss" <stevebossphd(a omail.com>
Date: Sun, October 07, 2012 6:32 pm
To: <iustin(d)tennantforcouncil.com>
Good day, Mr. Tennant:
I met with Sarah Lewis yesterday for a bit and she was very interested in pursuing
conservation zoning for the 21 acre parcel. I pointed out to her that the 21 acre parcel in
Brookbury connected to wooded areas surrounding Vandergriff and that it might make a
stronger proposal to package all that land as greenspace or an eco-reserve. There are two
or three streams that run together there, and the stream quality is quite good. The trees
provide habitat for many birds and other wildlife. Sarah and I both thought it would be
interesting to propose creating trails that connect the Brookbury-Savannah-Candlewood-
Covington neighbors to the Vandergriff and McNair school. These trails would also connect
neighborhoods to businesses on the HWY 45/HWY 265 corner, and that could be a plus for
the city plans to make the city more walkable/bike-able, etc. It provides a safe corridor for
children to walk to and from the schools. It provides natural space for the schools to use
as outdoor teaching space for sciences and also creates a 'soft' boundary to the north,
west, and east of Vandergriff that defines the school boundaries for children and others. I
am attaching a Google Earth image of the area. On the east, it is bordered by the
transmission line right of way; on the west, it is bordered by the creek. Developers will
not be permitted to develop within the streamside corridor anyway, so the planned housing
is problematic from that perspective.
There is NO preserved greenspace in NE Fayetteville, so far as I am aware. Neither has the
city provided any parkland for NE Fayetteville residents. Our closest park is Gulley Park,
and it is not accessible to children and residents without driving there. HWY 265 is a
significant barrier, and will be more so for the foreseeable future. I would like to suggest
to keep the rezoning proposal on its first reading at the Oct 16 City Council meeting, to
permit more time to develop the conservation zoning proposal, if that is possible.
file:///C:/Users/ssmith/AppData/Local/Temp/XPgrpwise/50729CEAFAYETTEVILLECIT... 10/8/2012
B 1 Page 2 of 2
RZN 12-4166(South of
Brookbury Crossing&East
of Candlewood Developments/Riggins)
Page 2 of 4
I will not be able to attend the meeting on the 16th as I will be out of town at a research
conference, but someone from the neighborhood needs to present this basic idea at that
time; Sarah said we should make sure the attached image is given to the council in
advance and is displayed during the meeting. I would much prefer to see trees remain in
the entire area bound by the yellow line on the image I am attaching.
On Mon, Oct 1, 2012 at 7:50 AM, S Boss <stevebossphd(agmail.com> wrote:
Good morning, Mr. Tennant:
I and several of my neighbors in the Brookbury Woods subdivision have recently been
discussing the possibility of protecting the remaining undeveloped 21 acre parcel in
Brookbury Woods under a Conservation Easement or establishment of a city park. The
parcel is heavily wooded and abuts a stream running between Brookbury Woods and
Candlewood subdivisions. As such, the property should also fall within the jurisdiction of
the Fayetteville stream-side ordinance.
I wish to point out that the northeast quadrant of Fayetteville has seen substantial
development during my 16 years as a resident, yet the city has not constructed or
preserved any greenspace (to my knowledge) on this side of the city. There is currently
no city park for the residents of this area, despite the significant contributions to city
revenues from the property tax base. I suspect this is an oversight of city planning, but
the population in the northeast quadrant (composed primarily of residential
developments of Savannah, Brookbury Woods, Jackson Place, Candlewood, and
Convington, with others) are woefully under-served by the city park system. The closest
park is Gulley Park, but it is not accessible to children in these neighborhoods because
there is no safe crossing at Highway 265 (Crossover Road). Additionally, residents of
these neighborhoods are not connected to the Fayetteville trail system.
I wish to suggest that preserving the 21 acre parcel in Brookbury Woods as either
conservation space or a city park would alleviate this issue and provide natural
greenspace for all residents of the neighborhoods that surround the land. Preserving this
land would also create a natural walkway for neighborhood children to walk from their
homes to Vandergirff and McNair schools.
I hope you might see some wisdom in considering this proposal as an option to additional
real estate development in northeast Fayetteville.
Thank you for your consideration,
Steve Boss
2730 Brookbury Crossing
Fayetteville, AR 72703
479-973-9704
file:///C:/Users/ssmith/AppData/Local/Temp/XPgrpwise/50729CEAFAYETTEVILLECIT... 10/8/2012
„ .
�;.; .
� � - _ ;-,.
� -- - �»
' -
�• „�, � ,, ,, - n �J
. .-r ;;
- � -� J ✓
� III
� � /�
J
1 t �J
_ i � F j
A
. ... r
, :
. _ .
, ,
. . __ � ,
- --- —s
i
/ � . 1
¢>
V
�_— .. _�� _ . . — n __. �'
��J m
ti
�'•� �� !r'� �_
lj F�/
�I � „ _
h, l
K_-- _ �,
�_ �
_ N
,�.�� - �`` y -
P � _
� 1 � �� �;
-a
., ��`� 1”
�'r a ., _
_ b.:mr.,
� a,
��
� `�'r �� �
��
t ... �,
•- a
W
F
m
4 �• a4
Ji
•t
. K.i
l N
N
r V•
• r
'( In
N
City Council Meeting Minutes
October 2,2012
Page 1 of 16
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
City of Fayetteville Arkansas
City Council Meeting Minutes
October 02, 2012
A meeting of the Fayetteville City Council was held on October 02, 2012 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Gray, Boudreaux, Kinion, Petty, Tennant, Ferrell, Adams, Lewis,
Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Mayor Jordan welcomed the students from Spring International and asked them to stand and be
recognized.
City Council Meeting Presentations, Reports and Discussion Items: None
Agenda Additions: None
Consent:
Alderman Lewis: I would like to pull Item# 3 Garver, LLC from Consent.
Mayor Jordan: We will pick that up right after I read the Consent Agenda.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
October 2,2012
Page 2 of 16
Approval of the September 18, 2012 City Council meeting minutes.
Approved
Callie's Prairie: A resolution naming the Lake Fayetteville Prairie Restoration Area "Callie's
Prairie" in honor of Callie Henson, an early pioneer and land owner.
Resolution 191-12 as recorded in the office of the City Clerk.
Garver, LLC: A resolution approving an amendment to the contract with Garver, LLC for
additional professional engineering services associated with the extension of Frisco Trail in an
additional amount not to exceed $26,500.00.
This item was removed form the Consent Agenda for discussion.
Arkansas Forestry Commission Urban and Community Forestry Program Grant: A
resolution authorizing acceptance of an Arkansas Forestry Commission Urban and Community
Forestry Program 50150 matching grant in the amount of$7,500.00 to provide for construction of
parking lot improvements north of the City's Development Services Building and approving a
budget adjustment recognizing the revenue.
Resolution 193-12 as recorded in the office of the City Clerk.
CDBG Public Facility Program: A resolution to approve a contract with GRR Land Company,
LLC in the amount of $ 19,162.37 to use Community Development Block Grant Funds to
rehabilitate a city building at 1932 S. Garland for charitable services for Fayetteville citizens.
Resolution 194-12 as recorded in the office of the City Clerk.
Alderman Petty moved to approve the Consent Agenda as read with Garver, LLC removed
from Consent for discussion. Alderman Gray seconded the motion. Upon roll call the
motion passed unanimously.
The following item was removed for the Consent Agenda for discussion:
Garver, LLC: A resolution approving an amendment to the contract with Garver, LLC for
additional professional engineering services associated with the extension of Frisco Trail in an
additional amount not to exceed $26,500.00.
Matt Mihalevich, Trails Coordinator: This is for the design work for the Frisco Trial extension
from MLK to Walker Park. We had an alignment change which included a new bridge near
Ninth Street and South School.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
October 2,2012
Page 3 of 16
Alderman Lewis: I requested that it be removed from Consent because I have had people
request a chance for discussion. The question is about the rerouting and where that goes. Where
is it crossing?
Matt Mihalevich: The actual bridge will be crossing south of the El Camino restaurant and a
garage. We will comply with the streamside protection ordinance.
Alderman Kinion: It was pointed out to me that there is already an existing bridge at the end of
Church Street and there was a concern of why didn't we go through there because it does end at
Walker Park.
Matt Mihalevich: This was brought to my attention. I went to the site and there is a business
there. To incorporate that trail we are going to have to take out their parking lot to stay out of the
streamside protection zones. It will really limit their business. It also sends the trail too far
north. There is more potential destruction to the riparian zone going parallel with the creek than
just cutting right across and minimally putting a bridge in and going straight through Walker
Park.
Alderman Ferrell: I also had someone contact me and I told them this was just an amendment
to the engineering contract. The full contract and other things will be coming before the Council.
Matt Mihalevich: The next thing will be when we can get the design all together and will be
bidding this project.
Alderman Ferrell: There may be some property owners that want to speak.
Aubrey Shepherd, a citizen expressed his concerns with the proposed route and the drainage of
water in the area.
Randy Parrish, a citizen and business owner expressed his concerns about adding a stop light
for the trial crossing. He stated his business has limited parking that may be affected and he is
also concerned about taking green space from his property. He spoke against the resolution.
Mayor Jordan: What was the name of your business?
Randy Parrish: Parrish Garage.
Alderman Lewis: It seems like there is still communication that needs to happen as far as
where it is when we design the trail. Can that conversation still happen and if so when? Is there
still an opportunity for Mr. Parrish to work with you and the team to look at a location?
Matt Mihalevich: Absolutely, that is a big part of the process. We can possibly look at shifting
north a little bit more and working through that to make it the best possible location.
Alderman Petty: When this idea was presented to the Street Committee there were significant
improvements to the pedestrian facilities at Martin Luther King Boulevard and School Street. So
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
October 2,2012
Page 4 of 16
I just want to make sure that everybody understands that this grant isn't just going toward the
trail itself, it also goes toward improving pedestrian facilities at that intersection.
Alderman Lewis moved to approve the resolution. Alderman Ferrell seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 192-12 as recorded in the office of the City Clerk.
Unfinished Business:
§92.01 Definitions of the Animals Chapter & §92.35 Managed Care of Feral Cats: An
ordinance to enact new definitions into §92.01 Definitions of the Animals Chapter of the
Fayetteville Code and enact §92.35 Managed Care of Feral Cats. This ordinance was left on
the Second Reading at the September 18, 2012 City Council meeting.
Alderman Boudreaux moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-1. Alderman
Kinion voting no.
City Attorney Kit Williams read the ordinance.
Alderman Boudreaux gave a brief description of the ordinance.
Alderman Petty stated problem cats still get euthanized even is this ordinance passes. This is a
humane way to deal with humane animals. He stated there are funding needs at the animal
shelter. He also addressed concerns that he had received from citizens.
Alderman Kinion stated I support the management of feral cat colonies. He expressed his
concerns with the amount of control needed to handle the treatment of the animals. He would
like to see a standard operating procedure in place.
Alderman Petty: Is your contention really a matter of process? Would you rather that we
enacted a process for selecting an organization before passing this such as an RFP, or something
similar? In general do you find the principal of the ordinance and the rest of it to be sound?
Alderman Kinion: I think that if we are going forward in accepting this responsibility as a city
then we have to go forward and accept this responsibility financially, humanely, with staff
support and managing these animals in the most humane way that we can. Right now it is vague.
He handed out copies of the seven elements that are defined by the Alley Cat Allies of what we
should be doing in order to appropriately plan as we initiate our program. I want to be sure that
the organization knows that there has to be a plan. It should be an RFP and it should come to the
City Council.
Alderman Lewis: So an organization would register to manage a cat population. Could part of
the registration process be outlining your methods?
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
October 2,2012
Page 5 of 16
Justine Middleton, Animal Services Director: We did leave it flexible and open. We haven't
had anyone approach us yet that has shown any interest in doing this. If we were to be
approached, at that point is when we were going to go in and look at extensively writing our
standard operating procedures.
City Attorney Kit Williams discussed the process of drafting the ordinance.
Alderman Boudreaux: I know there has been mention of the City Animal Services using some
of their resources for this program. I think that may be something we look at in the future if we
see a need.
Patty Besom, resident of 15 N. West Avenue expressed her concerns with the protection of
birds. She voiced her concern about colony cats and feral cats. She does not think you can
manage a population of wild cats.
Joe Neal, resident of 145 E. Cleburn spoke on the impact of the cats and their affects on native
wildlife. The effects are negative. They take a toll on birds.
Alderman Petty: I know you are a scientist. It is my understanding that the reason this kind of
program is held up as a model, is because it reduces the number of feral cats in the community
more quickly than a conventional euthanasia program, which in theory should reduce that feral
cat population impact on native wildlife more quickly than any conventional euthanasia program.
Joe Neal discussed his experience and expertise on feral cats. They will be turned loose and will
continue to affect wildlife.
Alderman Kinion: It's my understanding that you have reviewed the literature and I also am
unconvinced that it reduces the number.
Joe Neal continued giving statistics from the American Bird Conservancy and stated there
probably is some reduction. He continued to voice his concern about the affects feral cats have
on wildlife.
Alderman Kinion: Have you run across any numbers, in your review of literature, that would
support the reduction of feral cats?
Joe Neal: It depends on who did what but from the bird community those feral cat colonies
don't shrink just because you neutered the cats.
Alderman Gray: So what is your solution?
Joe Neal: If animal control captures animals that don't have owners then I think they should be
humanely killed. It is not something I enjoy because I do not hate cats. I don't see that there is
an option. There is not an in between.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
October 2,2012
Page 6 of 16
City Attorney Kit Williams read a sentence from the ordinance and stated the only cats that
would be returned to the caretaker are the ones the caretaker has caught and taken to the vet and
then it is returned to the caretaker. If there is a cat that is a problem to birds they can be captured
by Animal Services.
Alan Long, Chair of the Animal Services Advisory Board pointed out that if this does pass the
Animal Services Advisory Board would like to review the standard operating procedures for the
program itself. This ordinance allows caretakers and non profits to work together to manage the
decline of colonies. If we do not do a program similar to this they will not be controlled at all.
This is a sustainable approach that creates a humane solution to an existing problem.
Alderman Lewis: Has the Animal Services Advisory Board discussed the impacts on wildlife?
Alan Long: We did, and what I have spoken about is what we have discussed. If they are not
trapped in a program like this then the impact will continue to be the same and not reduced.
Charlynn Lacey-Jenkins, resident of 224 E. 13`h St. spoke on the positive affects that stray cats
have on her community and how they control mice and snakes. She spoke in favor of the
ordinance.
Marsha Donnally, resident of Fayetteville and founder of Spay Arkansas shared her experiences
with controlling the feral cat population. She talked about a cat colony in a trailer park and her
experience with that colony. She spoke in favor of the ordinance.
Alderman Lewis: How did you find out about the colony?
Marsha Donnally: Cat colony feeders are afraid to be recognized. I met a man that came in
with five kittens and we started talking and he said there were more. We got the neighbors
involved and have spayed and neutered the cats.
Brandon Schmitt, resident of 1220 Ellis Avenue expressed his concerns with the affects feral
cats have on his landscaping and gardens. The affects on wildlife needs to be looked at and if it
is humane to let the cats go.
Alderman Lewis: If Brandon has a complaint about a neighbor who has all these cats, does that
go back to that line in the ordinance? What is being enforced as far as leash laws?
City Attorney Kit Williams explained how this would change the law and what this ordinance
meant if it were passed.
Justine Middleton also explained what would take place if the ordinance were passed.
Alderman Lewis: There certainly needs to be a broad understanding that people can file a
complaint, as things are no matter what happens with this, for any nuisance animal.
Justine Middleton: Definitely.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316