HomeMy WebLinkAbout2012-09-18 - 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 18, 2012
A meeting of the Fayetteville City Council will be held on September 18, 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. Advertising and Promotion Commission Appointment — The Commission
recommends the appointment of Ching Mong APPROVED
2. Nominating Committee Report—Alderman Adella Gray APPROVED
Agenda Additions:
1. 2014 Governor's Conference on Tourism: A resolution to encourage selection of
Fayetteville for the 2014 Governor's Conference on Tourism.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-12
A. Consent:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
1. Approval of the September 4, 2012 City Council meeting minutes. APPROVED
2. Repeal Resolution No. 152-12 Drake Field Pavement Rehab & Re-Marking Phase II
Project: A resolution repealing Resolution No. 152-12 rescinding an unneeded budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 185-12
3. 2012-2013 Selective Traffic Enforcement Program (STEP) Grant: A resolution to
approve the 2012-2013 Selective Traffic Enforcement Program Grant award in the
amount of$112,500.00 and to approve the attached budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-12
4. Riggs Cat: A resolution to approve the purchase of a backhoe loader pursuant to the
state contract from Riggs Cat in the amount of$136,000.00 plus any applicable sales tax
and to approve the attached budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 187-12
5. Goodwin & Goodwin Change Order 1: A resolution to approve Change Order No. 1
of the construction contract with Goodwin & Goodwin, Inc. for an additional
$105,125.00 and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-12
6. Bid 12-67 Second Nature Property Management, LLC: A resolution awarding Bid
#12-67 and authorizing a contract with Second Nature Property Management, LLC in the
amount of $48,206.00 for the planting and maintenance of trees from the Tree Escrow
Fund, and approving a ten percent(10%)project contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-12
7. Razing and Removal Costs for 1609 S. Duncan 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 Adam P. Dyess, Perry J.
Dyess and Carolyn A. Dyess located at 1609 S. Duncan Avenue in the City of
Fayetteville, Arkansas.
REMOVED FROM CONSENT FOR DISCUSSION
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-12
B. Unfinished Business:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
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.
TABLED TO THE OCTOBER 16, 2012 CITY COUNCIL MEETING.
C. New Business:
1. §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 ITEM WAS LEFT ON THE SECOND READING.
2. VAC 12-4141 (555 W. Maple St./555 Maple): An ordinance approving VAC 12-4141
submitted by McClelland Consulting Engineers, Inc. for property located at 555 West
Maple Street to vacate a portion of Lafayette Street right-of-way, a total of 0.04 acres.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5524
3. VAC 12-4201 Nantucket Phase IV: An ordinance approving VAC 12-4201 submitted
by Civil Design Engineering for property located west of Morningside Drive (Nantucket
Phase IV) to vacate a utility easement, a total of 0.24 acres.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5525
4. ADM 10-3554 I-540 Design Overlay District and Board of Adjustment Variance
Findings: An ordinance to amend Chapters, 151, 156, 161, 164, 166, and 174 of the
Unified Development Code to repeal the requirements of the 1-540 Design Overlay
District and revise various sections of the code accordingly and to amend the Board of
Adjustment findings for variances to reflect state statutes.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5526
5. Amend 163.13 Wireless Communication Facilities: An ordinance to amend §163.13
Wireless Communication Facilities of the Unified Development Code to clarify height
limitations for antennas placed upon existing structures, to empower the zoning and
development administrator to grant a variance in appropriate circumstances and to
declare an emergency.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5527
6. Amend §36.01 Initiative Petitions; When to be Filed: An ordinance to amend §36.01
Initiative Petitions; when to be filed to change 60 days before the general election to 83
days before the general election to facilitate ballot printing for early voting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5528
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
7. 2012 Millage Levy: An ordinance levying a tax on the real and personal property within
the City of Fayetteville, Arkansas for the year 2012 fixing the rate thereof at 1.3 mills for
General Fund operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills
for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public
Library; and certifying the same to the County Clerk of Washington County, Arkansas.
THIS ITEM WAS LEFT ON THE FIRST READING.
City Council Tour: None
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 18, 2012 Adjourn:
Subject: Roll ,
Kinion
Petty GL�SPw+
n0 Tennant ,/
Ferrell �
Adams
()A/y
5 Lewis
Gray
�iG�Ctvc+y' Boudreaux rte/
Mayor Jordan 1/
Subject: Advertising and Promotion Commission Appointment
Motion To:
rV
Motion By:
Seconded:
riS
Kinion
Petty
Tennant ✓
Ferrell
Adams ua�c
Lewis ✓
Gray /
Boudreaux
Mayor Jordan
City Council Meeting: September 18,2012 /�!J
Subject: aOl
Motion To: 1
Motion By:
Seconded: r� n
n ^ n_ Q Kinion V, e/
44L Petty S2wE
Tennant
QQ Ferrell
Adams t� ✓
Lewis i/ ✓
Gray ✓ �/
' 84 —1a Boudreaux ✓
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
City Council Meeting: September 18,2012
Subject: Nominating Committee Report
Motion To:
Motion By:
Seconded:
Kinion ✓
Petty 5
61p proud Tennant ✓
Ferrell
Adams
Lewis
Gray ✓
Boudreaux
Mayor Jordan
7-U
Subject: Consent
tit°-f .L7 9 4^GN1
Motion To:
Motion By:
Seconded:
Kinion
Petty 1(�j� a�oCacaeN
— Tennant
errell t/
c5amsere Adams t�
Lewis
Gray ✓
Boudreaux
Mayor Jordan
7-D
City Council Meeting: September 18, 2012
Subject: 'Ra
t&A-�W v
Motion To: / „
Motion By: JWvvv
Seconded:
Kinion
1 Petty
TennantQ
Ferrell e/
k woo- Adams f f/
AO l`d� Lewis
CDr
Gray s� ✓
— Boudreaux
G' ppnsuE�'
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
City Council Meeting: September 18,2012
Subject: RZN 12-4166 (South of Brookbury Crossing &East of Candlewood Developments/Riggins)
Motion To: T4,�&
to
A- I l
Motion By:
Seconded: ;y
B. 1 Kinion
Unfinished Petty
Business Tennant
TA n d n Ferrell
Adams
®4b 64A- Lewis ✓
loy 401,E Gray �✓
Boudreaux
Mayor Jordan
7'0
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
City Council Meeting: September 18,2012
Subject: §92.01 Definitions of the Animals Chapter& §92.35 Managed Care of Feral Cats
Motion To:
E`M
Motion By:
Seconded:
C. 1 Kinion
New Petty
Business Tennant
Ferrell
Adams N
Lewis
Gray
Boudreaux
Mayor Jordan
Subject: VAC 12-4141 (555 W. Maple St./555 Maple)
Motion To: fP
!1 ,e r- .
Motion By:
Seconded:
C. 2 Kinion
New Petty A S6.4-- Q�75Pctf
Business Tennant est ✓
Ferrell f a
Adams
Lewis est v'
Gray
Boudreaux a�
5 2 y Mayor Jordan
7-0 7-0 7-0
City Council Meeting: September 18,2012
Subject: VAC 12-4201 Nantucket Phase IV
Motion To:
rRiot e FIAw
Motion By:
Seconded: ,pp
C.3 bion t�
New Petty
Business Tennant
Ferrell
Adams
0
Lewis ✓ — '
Gray
Boudreaux +�
25 Mayor Jordan
Subject: ADM 10-3554 I-540 Design Overlay District and Board of Adjustment Variance Findings
Motion To: nd GJ
Y`
Motion By:
1
Seconded:
C. 4 Vinion ✓ �'
New PettylS
Business Tennant
Ferrell ✓
Adams
Lewis ✓ t
Gray ✓
Boudreaux `
5 2 Mayor Jordan
7 �� 7-15 e
City Council Meeting: September 18,2012
Subject: Amend 163.13 Wireless Communication Facilities
Motion To: t) IrliA.
lea. �- � V
Motion By: awvvo
Seconded: r3
C. 5 IGnion �.
New Petty
Business Tennant ve'
Ferrell ✓ Vol
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
-g -7—v
Subject: Amend §36.01 Initiative Petitions; When to be Filed
Motion To: �33
Motion By:
Seconded:
C. 6 K.inion
New Petty Oa S tNlt p
Business Tennant
Ferrell
Adams
Lewis "
Gray
Boudreaux
5 Mayor Jordan
-7 -0 -7 -0 7`0
City Council Meeting: September 18,2012
Subject: 2012 Millage Levy
Motion To:
Motion By:
Seconded:
C. 7 Kinion
New Petty
Business Tennant
Ferrell
1 t t 00-, Adams
JLewis
, Gray
t
Boudreaux
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
0
TaDepartmental e evl e Correspondence
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 19, 2012
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
. passed at the City Council meeting of September 18, 2012
1. Governor's Conference: A resolution to encourage selection of Fayetteville
for the 2014 Governor's Conference on Tourism (already provided).
2. Repeal of Resolution No. 152-12: A resolution repealing Resolution No.
152-12 rescinding an unneeded budget adjustment.
3. 2012-2013 STEP Grant: A resolution to approve the 2012-2013 Selective
Traffic Enforcement Program grant award in the amount of $112,500.00 and to
approve the attached budget adjustment.
4. Riggs Cat: A resolution to approve the purchase of a backhoe loader pursuant
to the state contract from Riggs Cat in the amount of$136,000.00 plus any applicable
sales tax and to approve the attached budget adjustment.
5. Goodwin & Goodwin Change Order #1: A resolution to approve Change
Order #1 of the contract with Goodwin & Goodwin, Inc. for an additional
$105,125.00 and to approve a budget adjustment.
6. Bid #12-67: A resolution awarding Bid #12-67 and authorizing a contract with
Second Nature Property Management, LLC in the amount of $48,206.00 for the
planting and maintenance of trees from the Tree Escrow Fund, and approving a 10%
project contingency.
7. Razing & Removal Costs for 1609 S. Duncan 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 Adam P.
Dyess, Perry J. Dyess and Carolyn A. Dyess located at 1609 S. Duncan Avenue in the
City of Fayetteville, Arkansas;
8. Amend §163.13 Wireless Communication Facilities: An ordinance
amending §163.13 Wireless Communication Facilities of the Unified Development
Code to clarify height limitations for antennas placed upon existing structures, to
empower the Zoning and Development Administrator to grant a variance in
appropriate circumstances and to declare an emergency.
9. Amend §36.01 Initiative Petitions; When to be Filed: An ordinance to
amend §36.01 Initiative Petitions; When to be Filed to change 60 days before the
General Election to 83 days before the General Election to facilitate ballot printing for
early voting.
i
i
i
i
I, 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
September 18, 2012
A meeting of the Fayetteville City Council will be held on September 18, 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. Advertising and Promotion Commission Appointment — The Commission
recommends the appointment of Ching Mong
2. Nominating Committee Report—Alderman Adella Gray
Agenda Additions:
A. Consent:
1. Approval of the September 4, 2012 City Council meeting minutes.
2. Repeal Resolution No. 152-12 Drake Field Pavement Rehab & Re-Marking Phase 11
Project: A resolution repealing Resolution No. 152-12 rescinding an unneeded budget
adjustment.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. 2012-2013 Selective Traffic Enforcement Program (STEP) Grant: A resolution to
approve the 2012-2013 Selective Traffic Enforcement Program Grant award in the
amount of$112,500.00 and to approve the attached budget adjustment.
4. Riggs Cat: A resolution to approve the purchase of a backhoe loader pursuant to the
state contract from Riggs Cat in the amount of$136,000.00 plus any applicable sales tax
and to approve the attached budget adjustment.
5. Goodwin & Goodwin Change Order 1: A resolution to approve Change Order No. 1
of the construction contract with Goodwin & Goodwin, Inc. for an additional
$105,125.00 and to approve a budget adjustment.
6. Bid 12-67 Second Nature Property Management, LLC: A resolution awarding Bid
#12-67 and authorizing a contract with Second Nature Property Management, LLC in the
amount of $48,206.00 for the planting and maintenance of trees from the Tree Escrow
Fund, and approving a ten percent (10%) project contingency.
7. Razing and Removal Costs for 1609 S. Duncan 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 Adam P. Dyess, Perry J.
Dyess and Carolyn A. Dyess located at 1609 S. Duncan Avenue in the City of
Fayetteville, Arkansas.
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.
Left on the First Reading.
C. New Business:
1. §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
2. VAC 12-4141 (555 W. Maple St./555 Maple): An ordinance approving VAC 12-4141
submitted by McClelland Consulting Engineers, Inc. for property located at 555 West
Maple Street to vacate a portion of Lafayette Street right-of-way, a total of 0.04 acres.
3. VAC 12-4201 Nantucket Phase IV: An ordinance approving VAC 12-4201 submitted
by Civil Design Engineering for property located west of Morningside Drive (Nantucket
Phase IV) to vacate a utility easement, a total of 0.24 acres.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. ADM 10-3554 I-540 Design Overlay District and Board of Adjustment Variance
Findings: An ordinance to amend Chapters, 151, 156, 161, 164, 166, and 174 of the
Unified Development Code to repeal the requirements of the I-540 Design Overlay
District and revise various sections of the code accordingly and to amend the Board of
Adjustment findings for variances to reflect state statutes.
5. Amend 163.13 Wireless Communication Facilities: An ordinance to amend §163.13
Wireless Communication Facilities of the Unified Development Code to clarify height
limitations for antennas placed upon existing structures, to empower the zoning and
development administrator to grant a variance in appropriate circumstances and to
declare an emergency.
6. Amend §36.01 Initiative Petitions; When to be Filed: An ordinance to amend §36.01
Initiative Petitions; when to be filed to change 60 days before the general election to 83
days before the general election to facilitate ballot printing for early voting.
7. 2012 Millage Levy: An ordinance levying a tax on the real and personal property within
the City of Fayetteville, Arkansas for the year 2012 fixing the rate thereof at 1.3 mills for
General Fund operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills
for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public
Library; and certifying the same to the County Clerk of Washington County, Arkansas.
City Council Tour: None
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
a d ,
Gj 1IX t Un n
AGENDA REQUEST C 1
�p y §92.01 Definitions of the Animals Chapter&
I §92.35 Managed Care of Feral Cats
Page 1 of 8
FOR: COUNCIL MEETING OF SEPTEMBER 18, 2012
FROM:
ALDERMAN BRENDA BOUDREAUX
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Enact New Definitions Into §92.01 Definitions Of The Animals
Chapter Of The Fayetteville Code And To Enact §92.35 Managed Care Of Feral Cats
APPROVED F R AGENDA:
ren oudreaux Dated09-; 1 -12P03:47 RCVD
Alderman
(e I Zev l-L-
City
City ttorney Date
(as to form)
C. 1
§92.01 De fi ions f the imals Chapter&
Ta7yrLILIle §92.35 Mal Cats
Page 2 ofDepartmental Correspondence
LEGAL
• • DEPARTMENT
Kit Williams
TO: Mayor Jordan City Attorney
City Council Jason B.Kelley
Assistant City Attorney
CC: Jeremy Pate, Development Services Director
Yolanda Fields, Community Services Director
Justine Middleton, Animal Services Superintendent
FROM: Kit Williams, City Attorney
DATE: September 6, 2012
RE: Control of feral cat population
Animal Services has looked at how some other cities have attempted to
better control and manage their feral cat population. The key is to prevent
breeding in the most effective manner possible. A trap, neuter and return program
appears to be the best solution. Accordingly, we have drafted the proposed new
code section which authorizes such a program in Fayetteville if an Animal Welfare
Organization volunteers to administer the program.
This ordinance was scheduled and heard at the Ordinance Review
Committee with myself, Yolanda Fields, Justine Middleton, Dr. James Robb and
other staff present to discuss the problem of feral cats and this potential new way to
control their population. Several audience members also spoke about this issue
and supported this new ordinance.
Since the Ordinance Review Committee did not have a quorum, no official
vote in support of this ordinance could be taken. However, Chairman Brenda
Boudreaux examined the ordinance, questioned staff and indicated her personal
support for the ordinance to enact a trap, neuter and return program for
Fayetteville.
C. 1
§92.01 Definitions of the Animals Chapter&
TayrKSMC Wf Mana eE Care , Feral Cats
THE CI a2.35 Manwd Cae oARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: City Council
Thru: Yolanda Fields,Dir. Community Se '
From: Justine Middleton,Animal Services Sup tende
Date: August 30, 2012
Subject: New Ordinance for the managed care of feral cats
PROPOSAL:
Allowing for the managed care for existing feral cats is a topic that has arisen repeatedly at the Animal Services
Advisory Board. The main purpose behind allowing such activity is to humanely reduce the population of feral
cats that otherwise goes largely unchecked. Currently, Animal Services will trap ferals cats on a strictly
complaint driven basis. Those cats that are deemed feral are held the required five days and then euthanized.
There is no evidence that this is curbing the feral cat population in any way.
Having a structure in place to allow for well organized management of feral cats through a trap, neuter, and
return (TNR) program will eventually lead to a natural reduction in the number of feral cats as well as an
increase in their current quality of life. Both the Humane Society of the United States and the American Society
for the Prevention of Cruelty to Animals endorse trap, neuter,return program. These types of programs are also
highly touted by no kill advocates.
The proposed ordidnance is crafted in a way that will allow for TNR activities to be underwritten by a
sponsoring Animal Welfare Organization (i.e. a third party non-profit) with the day to day management being
given by volunteer caretakers. Animal Services will preform quarterly inspections of each designated colony to
ensure compliance with the requirements of the ordinance.
RECOMMENDATION:
Staff endorses this new ordinance as another step in lowering the euthanasia rate at the Animal Shelter in
addition to a more effective and humane means of controlling the existing feral cat population in Faytteville.
BUDGETIMPACT:
N/A
C. 1
§92.01 Definitions of the Animals Chapter&
§92.35 Managed Care of Feral Cats
Page 4 of 8
ORDINANCE NO.
AN ORDINANCE TO ENACT NEW DEFINITIONS INTO §92.01
DEFINITIONS OF THE ANIMALS CHAPTER OF THE FAYETTEVILLE
CODE AND TO ENACT §92.35 MANAGED CARE OF FERAL CATS
WHEREAS, increased efforts to control feral cats and reduce their ability to reproduce is
needed in Fayetteville; and
WHEREAS, an ordinance for managed care of feral cats would improve control over
feral cats and reduce their overall number through a spay and neuter program.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts and
adds the following definitions (properly alphabetized) into §92.01 Definitions of the Animals
Chapter of the Fayetteville Code:
Eartip. A mark identifying a feral cat as having been sterilized, specifically the
removal of a quarter inch off the tip of the cat's left ear in a straight line cut
while the cat is anesthetized.
Feral cat. A cat that is not socialized to humans and is not an owned cat.
Feral cat colony. A group of feral cats that congregate together as a unit and
share a common food source.
Sterilize. To spay or neuter.
Trap, Neuter and Return Program. A program pursuant to which feral cats are
trapped, sterilized, vaccinated against rabies, eartipped, returned to the location
where they were captured and provided with long-term care by a Caretaker in
accordance with this Chapter.
C. 1
§92.01 Definitions of the Animals Chapter&
§92.35 Managed Care of Feral Cats
Page 5 of 8
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts
§92.35 Managed Care of Feral Cats into the Fayetteville Code as shown on Exhibit A.
PASSED and APPROVED this 18th day of September, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
C. 1
§92.01 Definitions of the Animals Chapter&
§92.35 Managed Care of Feral Cats
Page 6 of 8
EXHIBIT A
"§92.35 Managed Care of Feral Cats
(A) Trap, Neuter and Return Program
A Trap, Neuter and Return program is established to better control and manage feral
cats who are living in a colony cared for by a Caretaker. This program will not be in
effect until it is sponsored and managed by a non-profit Animal Welfare Organization
approved by the Fayetteville Animal Services Program. This sponsoring organization
shall supervise the Caretakers and ensure the Caretakers perform all duties imposed upon
them by §92.35 (B). This approved Animal Welfare Organization shall report annually
to Animal Services concerning the status and population of all registered feral cat
colonies including the total number of managed cats and the number of cats and kittens
sterilized, vaccinated and/or placed for adoption.
(B) Caretaker Duties
A Caretaker of a feral cat colony shall regularly provide food, water and shelter for
the cats in his or her feral cat colony. The Caretaker shall make reasonable efforts to:
(1) trap all cats so they can be sterilized, vaccinated, and ear-tipped by a
veterinarian;
(2) recapture all cats to update rabies vaccinations as required by state law;
(3) register all feral cats with the sponsoring Animal Welfare Organization and
maintain medical records for all cats;
(4) find adoptive or foster homes for any kittens born to the feral cats of the
colony;
(5) report annually in writing the total number of feral cats in the colony, the
number sterilized and vaccinated, the number of kittens born and the number of
cats and kittens adopted or placed in foster care.
(C) Caretaker Exemption from§92.22 (C) and(D)
A Caretaker of a feral cat colony who is properly registered with the
approved Animal Welfare Organization and in compliance with all Caretaker
Duties stated above shall be exempt from §92/22 Running at Large Prohibited
subsections (C) and (D) only for allowing properly managed feral cats from
running at large. Any such feral cat which is running at large within
Fayetteville and is a nuisance or problem for neighbors may be trapped or caught
by Animal Services officers, impounded and dealt with as any other cat or dog
captured while running at large would be handled. Such exemption ends if the
Caretaker's status is revoked or abandoned.
C. 1
§92.01 Definitions of the Animals Chapter&
§92.35 Managed Care of Feral Cats
Page 7 of 8
(D) Loss of Caretaker Status
(1) If a Caretaker fails to adequately perform the duties required by(B), the Animal
Welfare Organization shall report this failure to Animal Services which may revoke
all of the Caretaker's rights to care for the feral cat colony and the exemption from
§92.22 (C) and (D). If the Caretaker disputes the grounds for revocation of his or
her Caretaker status, the Caretaker can appeal in writing within three business days
to the Community Services Director who shall conduct a hearing during which the
Caretaker can explain why his or her Caretaker's status should not be revoked. The
Director shall then make a final determination whether or not to revoke the
Caretaker's status.
(2) If a person desires to be released from Caretaker duties, the person shall
immediately notify the Animal Welfare Organization who shall notify the City's
Animal Services Program, which shall release and revoke the person's Caretaker
status and the duties and exemption thereunder.
W C. 1
§92.01 Definitions of the Animals Chapter&
§92.35 Managed Care of Feral Cats
Page 8 of 8
FAYETTEVILLE CODE OF ORDINANCES
TITLE M GENERAL REGULATIONS
CHAPTER 92 ANIMALS
ARTICLE I Harbor. For a period of three days or more, to keep
GENERAL PROVISIONS and care for an animal or provide a premises to which
the animal returns.
92.01 Definitions Kennel means a structure or facility used for the
For the purpose of this chapter the following definitions purpose of breeding two or more litters of puppies or
shall apply unless the context clearly indicates or kittens within any twelve month period. A facility used
requires a different meaning. for commercially boarding more than three dogs or cats
Abandon. Any person who knowingly deserts an or.combination thereof at any time shall be considered a
animal on public or private property. 'Kennel'.
Animal.Any living creature,domestic or wild. Locked Enclosure. A fence or pen,or structure with
all gates or entrances locked with a key or combination
Animal shelter. Any facility operated by a humane' device. The structure forming or causing an enclosure
society,municipal agency or its authorized agent(s)for of sufficient strength or construction to contain the
the purpose of impounding or caring for animals held specific animal and prevent the animal from escaping.
under the authority of this chapter or state law. Microchip. An identifying integrated circuit placed
At large.Not under the physical control of the animal's under the skin of a dog or cat for purposes of identifying
owner or harborer, or his authorized representative, the owner of the animal.
either by leash,trolley system,or enclosure. An animal Noisy Animals. Any domestic animal which barks,
intruding upon or damaging the property of another whines, or howls in an unwarranted, or continuous, or
person or upon public property, trespassing on school loud, or frequent fashion.
grounds, harassing passersby or passing vehicles, or
interfering with refuse collection, harassing meter Pet Shop means a commercial establishment or
readers and not under the physical control referred to facility which regularly sells pets such as dogs, rats,
herein shall be deemed "running at large."An animal birds,rodents,reptiles and/or fish to the general public.
within an automobile or other vehicle shall not be pet Shops are only allowed in C-1,C-2,C-3,Downtown
deemed "running at large" if the animal is physically
confined to the vehicle. An animal shall not be Core, Mainstreet Center, Downtown General and by
considered "at large" when on the premises of the Conditional Use in nt Districts
owner or harborer thereof and accompanied by the Restrained. Any animal,secured by leash and under
owner or harborer. the control of owner or harborer. At public events of 100
Cat.A feline of either sex, including one neutered or persons or more,leashes shall be a maximum length of
sterilized. 6 feet. The animal must be within 4 feet of the owner or
harborer.
City. City of Fayetteville,Arkansas, Special Event. A specified or designated public
Dangerous Animal. Any animal which, when occurrence, affair, or event at which more than three
unprovoked, approaches in a manner of attack any hundred(300)persons are reasonably expected by the
person or domestic animal upon the streets,sidewalks, organizer or sponsor thereof to be in attendance.
or any other public ground or place. Sterilize means to surgically alter an animal so that it
Dog.A canine of either sex,including one neutered or cannot reproduce.
sterilized. Tether.A rope,chain,or cable of appropriate strength
Enclosure. A fence or pen, or structure forming or that is firmly anchored to the bed of an open bed pickup
causing an enclosure of sufficient strength or truck or similar vehicle in at least two places.Tether is
construction to contain the specific animal and prevent to be used to restrain the animal and fastened to the
the animal from escaping. Owners confining dogs or animal by means of a harness or collar and to be the
cats by means of an enclosure must provide a minimum appropriate length as to afford the animal freedom to
space of 100 square feet(10x10)per dog or cat four(4) move about the vehicle, but to restrict the animal to a
months of age or older, set radius to prevent it from reaching either side or the
rear of the vehicle so that the animal cannot be thrown
C.6
Amend§36.01 Initiative
C.� $,7 etiWhen to be Filed
agee 1 o of 2
/14aj ";ate._
ORDINANCE NO.
AN ORDINANCE TO AMEND §36.01 INITIATIVE PETITIONS;
WHEN TO BE FILED TO CHANGE 60 DAYS BEFORE THE
GENERAL ELECTION TO 83 DAYS BEFORE THE GENERAL
ELECTION TO FACILITATE BALLOT PRINTING FOR EARLY
VOTING
WHEREAS, early voting especially for armed service members stationed overseas
require ballots to be prepared early enough to ensure our citizens have the right to vote; and
WHEREAS, the Arkansas Constitution provides: "In municipalities and counties the
time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety
days before the election," Art. 5 §1; and
WHEREAS, to help ensure the City Clerk has sufficient time to inspect an initiative
petition and allow the petitioner sufficient time to correct minor mistakes or obtain replacement
signatures, the period of time for filing initiative petitions should be extended from 60 days
before the election to 83 days before the election.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends
§36.01 Initiative Petitions; When To Be Filed by repealing the current language and enacting
new language under the same title:
"All municipal initiative petitions shall be filed pursuant to Amendment 7 of the Constitution of
the State of Arkansas found in Article 5 §1 of the Arkansas Constitution. These initiative
petitions shall be filed no later than 83 days before the general election date."
PASSED and APPROVED this 18`x'day of September, 2012.
C.6
Amend§36.01 Initiative
Petitions;When to be Filed
Page 2 of 2