HomeMy WebLinkAbout2011-09-20 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
September 20, 2011
A meeting of the Fayetteville City Council will be held on September 20, 2011 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
1. Nominating Committee Report
Agenda Additions:
A. Consent:
1. Approval of the September 6, 2011 City Council meeting minutes. APPROVED
2. Repeal Resolution No. 59-11; Bid #11-52: A resolution repealing Resolution No. 59-
11, awarding Bid #11-52 and authorizing a contract with George Nunnally Chevrolet,
Inc. in the amount of $16,960.00 for the purchase of one (1) 2012 Chevrolet Colorado
pickup truck, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-11
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Repeal Resolution No. 60-11; Bid #11-51: A resolution repealing Resolution No. 60-
11, and awarding Bid#11-51 and authorizing a contract with George Nunnally Chevrolet,
Inc. in the amount of $19,950.00 for the purchase of one (1) 4x4 2012 Chevrolet
Colorado pickup truck for use by the Meter Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-11
4. Repeal Resolution No. 61-11; Bid #11-51: A resolution repealing Resolution No. 61-
11, and awarding Bid#11-51 and authorizing a contract with George Nunnally Chevrolet,
Inc. in the amount of $19,950.00 for the purchase of one (1) 4x4 2012 Chevrolet
Colorado pickup truck for use by the Transportation Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-11
5. Time Striping, Inc.: A resolution approving a contract and change order no. 1 with
Time Striping, Inc. for runway pavement rehabilitation and re-marking at Drake Field,
and approving a budget adjustment recognizing FAA and Arkansas Department of
Aeronautics grant revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 170-11
6. 2011-2012 Selective Traffic Enforcement Program (STEP) Grant: A resolution to
approve and accept the 2011-2012 Selective Traffic Enforcement Program (STEP) Grant
in the amount of$104,200.00 in federal funding and $13,500.00 in state funding and to
approve the attached budget adjustment in the amount of $117,700.00 to recognize this
revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-11
B. Public Hearing:
1. A Public Hearing regarding Section § 51.137 Monthly Sewer Rates: Amending Section
51.137 Monthly Sewer Rates of the Code of Fayetteville Table F3, Extra Strength
Surcharges, Specifically Changing the Industrial Biological Oxygen Demand (BOD)
Surcharge.
A PUBLIC HEARING WAS HELD
C. Unfinished Business:
1. Amend § 51.137 Monthly Sewer Rates: An ordinance amending Section 51.137
Monthly Sewer Rates of the Code of Fayetteville by reducing certain extra strength
surcharges to sewer rates, and providing for an effective date. This ordinance was left on
the First Reading at the September 6, 2011 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5438
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. Revised Ward Boundaries: A resolution to approve revised ward boundaries to
equalize ward populations after the 2010 Federal Census. This resolution was tabled at
the September 6, 2011 City Council meeting to the September 20, 2011 City Council
meeting.
THIS RESOLUTION WAS TABLED INDEFINITLEY
D. New Business:
1. Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to
equalize ward populations after the 2010 Federal Census and to amend §32.03 of the
Fayetteville Code.
THIS ITEM WAS LEFT ON THE SECOND READING.
2. AEP/SWEPCO & Ozarks Electric: An ordinance waiving competitive bidding for this
payment and all future payments to or contracts with AEP/SWEPCO and Ozarks Electric
Cooperative for the relocation costs for electric utility poles and power lines necessitated
by road reconstruction or widening projects within AEP/SWEPCO's or Ozark Electric's
area of service, to approve this payment in the amount not to exceed $142,953.21 and to
approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5439
3. Amend Chapter 34: An ordinance amending section 34.25: Sales of Article II: Purchase
and Sale of City Property; contracts of Chapter 34: Finance and Revenue of the Code of
Fayetteville to provide authority and procedures for the sale of biosolids.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5440
4. RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that
property described in rezoning petition RZN 11-3866, for approximately 28.93 acres
located at 2013 East Mission Boulevard from R-PZD, Residential Planned Zoning
District (R-PZD 06-2299 Ruskin Heights), to CS, Community Services; NC,
Neighborhood Conservation; and RSF-4, Residential Single Family, 4 units/acre, subject
to a Bill of Assurance.
THIS ITEM WAS LEFT ON THE SECOND READING.
5. RZN 11-3901 (S. Beechwood Ave./Love Box): An ordinance rezoning that property
described in rezoning petition RZN 11-3901, for approximately 16.24 acres, located at
811 and 833 South Beechwood Avenue from 1-1, Heavy Commercial and Light Industrial
and 1-2, General Industrial, to CS, Community Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5441
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
6. ADM 11-3941 (Vantage Center PZD Amendment #2): An ordinance amending a
Residential Planned Zoning District entitled R-PZD 05-1543, Vantage Center located at
the end of Shepard Lane adjacent to Frontage Road, containing approximately 4.68 acres,
to allow the addition of Use Unit #26, multi-family dwellings, as a permitted use
throughout all of the space in the four existing mixed-use buildings on the subject
property, as described herein.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5442
City Council Tour: Wednesday, September 14,2011 at 4:30 p.m. The Council will tour the
"Teen Library, Decline Conveyor, and Sorting System"
Announcements:
Adjournment: 7:15 p.m.
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
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.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West 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: September 20,2011 Adjourn:
r Pa
Subject: Roll
Kinion
Petty
Tennant
WAW*avFerrell
Mc1RmCt Adams
G ao Lewis
Gray
Boudreaux
Mayor Jordan
'7-6
Subject: Nominating Committee Report
Motion To:
Motion By:
Seconded:
Kinion
Petty ✓
Tennant
Ferrell
Adams ✓
Lewis ✓
Gray
Boudreaux
Mayor Jordan
City Council Meeting: September 20,2011
Subject: Consent
Motion To:
Motion By: �
Seconded:
Kinion
/1 iAOKO petty ✓
O ffAZ(Ad
Tennant
Ferrell
Adams
Lewis
Gray
n Boudreaux !/
Mayor Jordan
lv D
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Boudreaux
Mayor Jordan
City Council Meeting: September 20,2011
Subject: Amend § 51.137 Monthly Sewer Rates
Motion To: Ad PcadL 3 rd n
Motion By: 3--
Seconded:
e-g1 Kinion vll� L./'
Unfinished Petty ✓ ✓
Business Tennant aks
Ferrell t/ ✓ i/
Adams 1/
I Lewis
Gray
Boudreaux
Mayor Jordan
Subject: Revised Ward Boundaries
Motion To:
tw±
r
Motion By:
Seconded:
C A.2 Kinion
Unfinished Petty
Business Tennant
Ferrell
Adams t/
't�tllp ewis t�
Gray
Boudreaux t�
Mayor Jordan
City Council Meeting: September 20,2011
Subject: Revised Ward Boundaries
Motion To: nd
Motion By:
Seconded:
,K. 1 Kinion
New Petty ✓
Business Tennant QAS
Ferrell
Adams
Lewis
Gray
Boudreaux
e
Mayor Jordan
Subject: AEP/SWEPCO& Ozarks Electric
Motion To: o-d S f"
Motion By:
Seconded:
IK• 2 Kinion
New Petty ✓ r✓ �,�
Business Tennant .
Ferrell
(� Adams V1,000, t✓
Lewis
Gray .S G.6SP.r
,Boudreaux
Mayor Jordan
City Council Meeting: September 20,2011
Subject: Amend Chapter 34
Motion To: a .
Motion By:
Seconded:
D C. 3 Kinion VIII, ✓ V-�'
New Petty ✓ ✓
Business TennantAls"kej-
Ferrell t
Adams ✓
Pn Lewis '
Gray sG 65Pu� O (i$Pry
� V Boudreaux
Mayor Jordan
Subject: RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights)
Motion To:
Motion By:
Seconded:
D 9. 4 Kinion
New Petty
Business Tennant
n
Ferrell
Adams
Lewis
Gray
Boudreaux u i
Mayor Jordan
.0
City Council Meeting: September 20,2011
Subject: RZN 11-3901 (S. Beechwood Ave./Love Box)
Motion To:
Motion By:
f
Seconded: a �1
fir. 5 Kinion i/ q✓
New Petty �''� ✓ L*'"
Business Tennant
Ferrell ✓
Adams f®
Lewis ✓'' �° �''
G�J � I Gray
Boudreaux ✓
Mayor Jordan
Subject: ADM 11-3941 (Vantage Center PZD Amendment#2)
Motion To:
.=In
Motion By:
Seconded:
D -AK 6 Kinion
New Petty ✓ ✓ t/
Business Tennant
Ferrell
Adams
(® Lewis r ✓ ✓
J�l`1 Gray
Boudreaux �. ✓
Mayor Jordan
•
a e evl le Departmental Correspondence
LEGAL
Y ARKANSAS
:essfayetteville.org DEPARTMENT
Kit Williams
TO: Mayor Jordan City Attorney
Jason B.Kelley
THRU: Sondra Smith, City Clerk Assistant City Attorney
FROM: Kit Williams, City Attorneys
DATE: September 21, 2011 -- '
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of September 20, 2011
1. Repeal Resolution No. 59-11 — Bid # 11-52: A resolution repealing
Resolution No. 59-11, awarding Bid # 11-52 and authorizing a contract with
George Nunnally Chevrolet, Inc. in the amount of$16,960.00 for the purchase of
one 2012 Chevrolet Colorado pickup truck, and approving a budget adjustment
2. Repeal Resolution No. 60-11 — Bid #11-51: A resolution repealing
Resolution No. 60-11 and awarding Bid #11-51 and authorizing a contract with
George Nunnally Chevrolet, Inc. in the amount of$19,950.00 for the purchase of
one 4x4 2012 Chevrolet Colorado pickup truck for use by the Meter Division;
3.. Repeal Resolution No. 61-I1 — Bid #11-51: A resolution repealing
Resolution No. 61-11, awarding Bid #11-51 and authorizing a contract with
George Nunnally Chevrolet, Inc. in the amount of $19,950.00 for the purchase of
one 4x4 2012 Chevrolet Colorado pickup truck for use by the Transportation
Division.
4. Time Striping, Inc.: A resolution approving a contract and change Order
No. 1 with Time Striping, Inc. for runway pavement rehabilitation and re-marking
at Drake Field, and approving a budget adjustment recognizing FAA and Arkansas
Department of Aeronautics grant revenue.
5. 2011-2012 Selective Traffic Enforcement Program (STEP) Grant: A
resolution to approve and accept the 2011-2012 Selective Traffic Enforcement
Program (STEP) Grant in the amount of $104,200.00 in federal funding and
$13,500.00 in state funding and to approve the attached budget adjustment in the
amount of$117,700.00 to recognize this revenue.
6. Amend §51.137 Monthly Sewer Rates: An ordinance amending §51.137
Monthly Sewer Rates of the Code of Fayetteville by reducing certain extra
strength surcharges to sewer rates, and providing for an effective date.
7. AEP/SWEPCO & Ozarks Electric: An ordinance waiving competitive
bidding for this payment and all future payments to or contracts with
AEP/SWEPCO and Ozarks Electric Cooperative for the relocation costs for
electric utility poles and power lines necessitated by road reconstruction or
widening projects within AEP/SWEPCO's or Ozark Electric's area of service, to
approve this payment in the amount not to exceed $142,953.21 and to approve a
budget adjustment.
8. Amend Chapter 34: An ordinance amending §34.25 Sales of Article II —
Purchase and Sale of City Property; contracts of Chapter 34: Finance and
Revenue of the Code of Fayetteville to provide authority and procedures for the
sale of biosolids.
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 20, 2011
A meeting of the Fayetteville City Council will be held on September 20, 2011 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
1. Nominating Committee Report
Agenda Additions:
A. Consent:
1. Approval of the September 6, 2011 City Council meeting minutes.
2. Repeal Resolution No. 59-11; Bid #11-52: A resolution repealing Resolution No. 59-
11, awarding Bid #11-52 and authorizing a contract with George Nunnally Chevrolet,
Inc. in the amount of $16,960.00 for the purchase of one (1) 2012 Chevrolet Colorado
pickup truck, and approving a budget adjustment.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Repeal Resolution No. 60-11; Bid #11-51: A resolution repealing Resolution No. 60-
11, and awarding Bid#11-51 and authorizing a contract with George Nunnally Chevrolet,
Inc. in the amount of $19,950.00 for the purchase of one (1) 4x4 2012 Chevrolet
Colorado pickup truck for use by the Meter Division.
4. Repeal Resolution No. 61-11; Bid #11-51: A resolution repealing Resolution No. 61-
11, and awarding Bid#11-51 and authorizing a contract with George Nunnally Chevrolet,
Inc. in the amount of $19,950.00 for the purchase of one (1) 4x4 2012 Chevrolet
Colorado pickup truck for use by the Transportation Division.
5. Time Striping, Inc.: A resolution approving a contract and change order no. 1 with
Time Striping, Inc. for runway pavement rehabilitation and re-marking at Drake Field,
and approving a budget adjustment recognizing FAA and Arkansas Department of
Aeronautics grant revenue.
6. 2011-2012 Selective Traffic Enforcement Program (STEP) Grant: A resolution to
approve and accept the 2011-2012 Selective Traffic Enforcement Program (STEP) Grant
in the amount of$104,200.00 in federal funding and $13,500.00 in state funding and to
approve the attached budget adjustment in the amount of $117,700.00 to recognize this
revenue.
B. Public Hearing:
1. A Public Hearing regarding Section § 51.137 Monthly Sewer Rates: Amending Section
51.137 Monthly Sewer Rates of the Code of Fayetteville Table F3, Extra Strength
Surcharges, Specifically Changing the Industrial Biological Oxygen Demand (BOD)
Surcharge.
C. Unfinished Business:
1. Amend § 51.137 Monthly Sewer Rates: An ordinance amending Section 51.137
Monthly Sewer Rates of the Code of Fayetteville by reducing certain extra strength
surcharges to sewer rates, and providing for an effective date. This ordinance was left on
the First Reading at the September 6, 2011 City Council meeting.
Left on the First Reading
2. Revised Ward Boundaries: A resolution to approve revised ward boundaries to
equalize ward populations after the 2010 Federal Census. This resolution was tabled at
the September 6, 2011 City Council meeting to the September 20, 2011 City Council
meeting.
D. New Business:
1. Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to
equalize ward populations after the 2010 Federal Census and to amend §32.03 of the
Fayetteville Code.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. AEP/SWEPCO & Ozarks Electric: An ordinance waiving competitive bidding for this
payment and all future payments to or contracts with AEP/SWEPCO and Ozarks Electric
Cooperative for the relocation costs for electric utility poles and power lines necessitated
by road reconstruction or widening projects within AEP/SWEPCO's or Ozark Electric's
area of service, to approve this payment in the amount not to exceed $142,953.21 and to
approve a budget adjustment.
3. Amend Chapter 34: An ordinance amending section 34.25: Sales of Article IL• Purchase
and Sale of City Property; contracts of Chapter 34: Finance and Revenue of the Code of
Fayetteville to provide authority and procedures for the sale of biosolids.
4. RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that
property described in rezoning petition RZN 11-3866, for approximately 28.93 acres
located at 2013 East Mission Boulevard from R-PZD, Residential Planned Zoning
District (R-PZD 06-2299 Ruskin Heights), to CS, Community Services; NC,
Neighborhood Conservation; and RSF-4, Residential Single Family, 4 units/acre, subject
to a Bill of Assurance.
5. RZN 11-3901 (S. Beechwood Ave./Love Box): An ordinance rezoning that property
described in rezoning petition RZN 11-3901, for approximately 16.24 acres, located at
811 and 833 South Beechwood Avenue from 1-1, Heavy Commercial and Light Industrial
and 1-2, General Industrial, to CS, Community Services.
6. ADM 11-3941 (Vantage Center PZD Amendment #2): An ordinance amending a
Residential Planned Zoning District entitled R-PZD 05-1543, Vantage Center located at
the end of Shepard Lane adjacent to Frontage Road, containing approximately 4.68 acres,
to allow the addition of Use Unit #26, multi-family dwellings, as a permitted use
throughout all of the space in the four existing mixed-use buildings on the subject
property, as described herein.
City Council Tour: Wednesday, September 14, 2011 at 4:30 p.m. The Council will tour the
"Teen Library, Decline Conveyor, and Sorting System"
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 parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to spear
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.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
D. 1
AGENDA REQUEST Revised Ward Boundaries
Page 1 of 6
FOR: COUNCIL MEETING OF SEPTEMBER 20, 2011
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Approve Revised Ward Boundaries To Equalize Ward
Populations After The 2010 Federal Census And To Amend §32.03 Of The
Fayetteville Code
APPROVED FOR AGENDA:
City A rney Date
ZZ
t �
ayor ate
D. 1
rd Boundaries
LVI
Pa e2oa le Departmental Correspondence
Y SLEGAL
• DEPARTMENT
Kit Williams
City Attorney
TO: Ma or Jordan Jason B.Kelley
y Assistant City Attorney
City Council
CC: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: September 13, 2011
RE: New Ward Boundary Map
City Clerk Sondra Smith pointed out to me that the Ward Boundary Map is
in the Fayetteville Code in §32.03 Wards as an exhibit. Therefore, the City
Council needs to pass an Ordinance with the Ward Boundary Map as an exhibit
rather than a Resolution in order to amend §32.03 to replace the old map with the
new Ward Boundary Map. Attached is this new ordinance which bears a striking
resemblance to the Resolution you wisely tabled to give us time to catch this
mistake.
Please add this Ordinance to your Agenda for the September 20 l City
Council meeting, and, at the meeting, table the Resolution indefinitely so it can die
honorably on December 31 st.
D. 1
Revised Ward Boundaries
Page 3 of 6
ORDINANCE NO.
AN ORDINANCE TO APPROVE REVISED WARD BOUNDARIES TO
EQUALIZE WARD POPULATIONS AFTER THE 2010 FEDERAL CENSUS
AND TO AMEND §32.03 OF THE FAYETTEVILLE CODE
WHEREAS, if a federal census reveals that ward populations have become unbalanced
with substantially more residents in some wards than other wards, cities are constitutionally
required to redraw ward boundaries to achieve fairly equal population in all wards; and
WHEREAS, the 2010 Federal Census revealed substantial population differences among
our wards; and
WHEREAS, GIS has proposed new ward boundaries that do not cross precinct lines and
substantially equalize each ward's population.
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 approves
the attached map as the new ward boundary map for Fayetteville which establishes substantially
equal populations for each ward and amends §32.03 Wards by adopting the new ward boundary
map attached as Exhibit"A"to replace all previous ward boundary maps.
PASSED and APPROVED this 20'h day of September, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Revised Ward Boundaries
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'41Revised Ward Boundaries
Tavetelle Page 2 of 6
THE CITY OF FAYETTEVILLE,ARKANSAS
�EPANTMENF CORRESPONDENCE
AAIANs A5
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan
Thru: Scott Huddlestfonh$�
From: John Goddard(!`/
Date: 8/18/2011 G
Subject: Redistricting--determining new ward boundaries to reflect 2010 Census returns
DESCRIPTION: Asa result of the 2010 Census, it has been found that the current City of Fayetteville wards
have a significant difference in population, creating an imbalance of representation. Balancing ward population
will bring the City into compliance with the`Equal Protection Clause"of the 10 Amendment.
2011 Population of Wards:
Ward 1 17,673
Ward 2 17,603
Ward 3 15,855
Ward 4 22,449
RECOMMENDATION•
Determine new ward boundaries to balance the population and Adopt a new map.
BUDGETIMPACT:
None
D. 1
Revised Ward Boundaries
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City Council Meeting Minutes
September 20,2011
Page 1 of 12
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
September 20, 2011
A meeting of the Fayetteville City Council was held on September 20, 2011 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 Boudreaux, Kinion, Petty, Ferrell, Lewis, Adams, Mayor Jordan,
City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Gray and Tennant
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council MeetinE Presentations, Reports and Discussion Items:
Nominatine Committee Report
Alderman Ferrell read the Nominating Committee report.
Alderman Ferrell moved to approve the Nominating Committee report. Alderman
Boudreaux seconded the motion. Upon roll call the motion passed 6-0. Alderman Tennant
and Gray were absent.
Agenda Additions: None
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
September 20,2011
Page 2 of 12
Consent:
Approval of the September 6, 2011 City Council meeting minutes.
Approved
Repeal Resolution No. 59-11; Bid #11-52: A resolution repealing Resolution No. 59-11,
awarding Bid #11-52 and authorizing a contract with George Nunnally Chevrolet, Inc. in the
amount of $16,960.00 for the purchase of one (1) 2012 Chevrolet Colorado pickup truck, and
approving a budget adjustment.
Resolution 167-11 as recorded in the office of the City Clerk.
Repeal Resolution No. 60-11; Bid #11-51: A resolution repealing Resolution No. 60-11, and
awarding Bid #11-51 and authorizing a contract with George Nunnally Chevrolet, Inc. in the
amount of$19,950.00 for the purchase of one (1) 4x4 2012 Chevrolet Colorado pickup truck for
use by the Meter Division.
Resolution 168-11 as recorded in the office of the City Clerk.
Repeal Resolution No. 61-11; Bid #11-51: A resolution repealing Resolution No. 61-11, and
awarding Bid #11-51 and authorizing a contract with George Nunnally Chevrolet, Inc. in the
amount of$19,950.00 for the purchase of one (1) 4x4 2012 Chevrolet Colorado pickup truck for
use by the Transportation Division.
Resolution 169-11 as recorded in the office of the City Clerk.
Time Striping, Inc.: A resolution approving a contract and change order no. 1 with Time
Striping, Inc. for runway pavement rehabilitation and re-marking at Drake Field, and approving a
budget adjustment recognizing FAA and Arkansas Department of Aeronautics grant revenue.
Resolution 170-11 as recorded in the office of the City Clerk.
2011-2012 Selective Traffic Enforcement Program (STEP) Grant: A resolution to approve
and accept the 2011-2012 Selective Traffic Enforcement Program (STEP) Grant in the amount of
$104,200.00 in federal funding and $13,500.00 in state funding and to approve the attached
budget adjustment in the amount of$117,700.00 to recognize this revenue.
Resolution 171-11 as recorded in the office of the City Clerk.
Alderman Adams moved to approve the Consent Agenda as read. Alderman Boudreaux
seconded the motion. Upon roll call the motion passed 6-0. Alderman Tennant and Gray
were absent.
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September 20,2011
Page 3 of 12
Public Hearin:
A Public Hearing regarding Section § 51.137 Monthly Sewer Rates: Amending Section 51.137
Monthly Sewer Rates of the Code of Fayetteville Table F3, Extra Strength Surcharges,
Specifically Changing the Industrial Biological Oxygen Demand(BOD) Surcharge.
City Attorney Kit Williams asked David Jurgens to explain the ordinance.
David Jurgens: This item changes the industrial strength only of the sewer rates. When we
split our flows to two wastewater treatment plants we found that the cost of treatment for
biological oxygen demand (BOD) was reduced. Therefore, we recalculated the charges for the
BOD wastewater treatment. This ordinance adjusts the surcharge to reflect the actual cost of
treatment.
Alderman Lewis: This went before the Water and Sewer Committee. It is related to the
industries that provide biological components to our wastewater.
Unfinished Business:
Amend § 51.137 Monthly Sewer Rates: An ordinance amending Section 51.137 Monthly
Sewer Rates of the Code of Fayetteville by reducing certain extra strength surcharges to sewer
rates, and providing for an effective date. This ordinance was left on the First Reading at the
September 6, 2011 City Council meeting.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Boudreaux seconded the motion. Upon roll call the motion passed 6-0. Alderman Tennant
and Gray were absent.
City Attorney Kit Williams read the ordinance.
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 6-0. Alderman
Tennant and Gray were absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Tennant and Gray were absent.
Ordinance 5438 as Recorded in the office of the City Clerk
Revised Ward Boundaries: A resolution to approve revised ward boundaries to equalize ward
populations after the 2010 Federal Census. This resolution was tabled at the September 6, 2011
City Council meeting to the September 20, 2011 City Council meeting.
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City Attorney Kit Williams: Instead of having a resolution we need to have an ordinance that
will amend our code. I would recommend that the City Council indefinitely table this item.
Alderman Boudreaux moved to table the resolution indefinitely. Alderman Lewis seconded
the motion. Upon roll call the motion passed 6-0. Alderman Tennant and Gray were
absent.
This ordinance was Tabled Indefinitely.
New Business:
Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to equalize ward
populations after the 2010 Federal Census and to amend §32.03 of the Fayetteville Code.
City Attorney Kit Williams read the ordinance.
Alderman Boudreaux: When will this go into effect?
City Attorney Kit Williams: It will not be in effect until another election occurs based upon
wards which will be in 2012.
Alderman Boudreaux: Does that mean the representation of the people that have been moved
changes?
City Attorney Kit Williams: You represent all citizens. The wards will change now. Each one
of you will remain in the same ward you were elected to. There will be a slight change with
some of the citizens that once were in one ward and now are in another. The main affect will be
during the election of 2012 when the voters will vote within the new ward boundaries.
Alderman Boudreaux: I have had some questions about the impact of Mt. Sequoyah. As I
recall that was in Ward 3 years ago.
City Attorney Kit Williams: That is correct. This ward boundary map has been changed many
times. These boundaries have been adjusted through the years to make sure that they always
have an equal number of people living in each ward.
Alderman Ferrell: I was under the impression that it would not be effective until the next
election. Are we agreeing on that?
City Attorney Kit Williams: It won't have any true legal affect until the next election. It is
effective now.
Alderman Boudreaux: I feel like we can go ahead with it. I have not heard any controversy
about it.
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Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman
Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Tennant and
Gray were absent.
City Attorney Kit Williams read the ordinance.
Alderman Lewis: Ward 4 has monthly meetings and we base the topics at those meetings on
things happening in Ward 4. Could there be language that says it is to be effective in the next
election. What is the benefit of legally enacting it now?
City Attorney Kit Williams: It would be possible for the Council to put an effective date on
this but we can't wait until November because you have to file for election before that. I would
say the effective date should not be any later than July Is' of next year to make sure that there is
no question about how to conduct the election next year.
Alderman Petty: Does our constitutional obligation to change the boundaries have any affect
on the timeline for making this effective?
City Attorney Kit Williams: Probably not because it is the election that counts. Maybe you
should leave this ordinance on the second reading. That will give the Election Commission the
opportunity to come to the next meeting and explain why they think it should go into effect
earlier.
Alderman Ferrell: Anybody can go to any public meeting at any time so I wouldn't think that
anyone would feel prohibition about attending a public meeting.
Alderman Lewis: Making it concrete will help people make the transition and know who their
representatives are.
Mayor Jordan: We are going to hold it for two weeks then.
This ordinance was left on the Second Reading.
AEP/SWEPCO & Ozarks Electric: An ordinance waiving competitive bidding for this
payment and all future payments to or contracts with AEP/SWEPCO and Ozarks Electric
Cooperative for the relocation costs for electric utility poles and power lines necessitated by road
reconstruction or widening projects within AEP/SWEPCO's or Ozark Electric's area of service,
to approve this payment in the amount not to exceed $142,953.21 and to approve a budget
adjustment.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams gave a brief description of the ordinance.
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Mayor Jordan: We can only use these people so there is no sense in putting it out for
competitive bidding.
City Attorney Kit Williams: The Public Service Commission (PSC) says they will be the
companies that will make the electric poles and power lines.
Chris Brown, City Engineer gave a brief explanation of the ordinance.
Alderman Boudreaux: The Street Committee recommended this.
Alderman Lewis moved to suspend the rules and go to the second reading. Alderman Petty
seconded the motion. Upon roll call the motion passed 6-0. Alderman Tennant and Gray
were absent.
City Attorney Kit Williams read the ordinance.
Alderman Boudreaux moved to suspend the rules and go to the third and final reading.
Alderman Petty seconded the motion. Upon roll call the motion passed 6-0. Alderman
Tennant and Gray were absent.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell: Would there be a reason that we would not do the same with the telephone
and cable company, if they have to move their facilities?
City Attorney Kit Williams: No, when one of those comes through I plan to do the same
ordinance and ask you to waive that now and in the future.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Tennant and Gray were absent.
Ordinance 5439 as Recorded in the office of the City Clerk
Amend Chapter 34: An ordinance amending section 34.25: Sales of Article II: Purchase and
Sale of City Property; contracts of Chapter 34: Finance and Revenue of the Code of Fayetteville
to provide authority and procedures for the sale of biosolids.
City Attorney Kit Williams read the ordinance.
David Jurgens, Utilities Director gave a brief explanation of the ordinance.
Alderman Petty: I think this is the best thing we can do with this material. I want to make sure,
that when we are designing this program, we are aware of some of the criticisms that other
communities have had with their biosolids programs.
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David Jurgens: We are aware of the criticisms that are out there. We have been following the
Environmental Protection Agency (EPA) guidance.
Alderman Lewis: It went through the Water and Sewer Committee and we recommend it and
support it.
Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman
Adams seconded the motion. Upon roll call the motion passed 6-0. Alderman Tennant and
Gray were absent.
City Attorney Kit Williams read the ordinance.
Alderman Boudreaux moved to suspend the rules and go to the third and final reading.
Alderman Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman
Tennant and Gray were absent.
City Attorney Kit Williams read the ordinance.
Alderman Lewis: This is an opportunity to generate funds but it also reduces the cost of
transporting the biosolids hundred of miles to a landfill. This is very important technology.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Tennant and Gray were absent.
Ordinance 5440 as Recorded in the office of the City Clerk
RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that property
described in rezoning petition RZN 11-3866, for approximately 28.93 acres located at 2013 East
Mission Boulevard from R-PZD, Residential Planned Zoning District (R-PZD 06-2299 Ruskin
Heights), to CS, Community Services; NC, Neighborhood Conservation; and RSF-4, Residential
Single Family, 4 units/acre, subject to a Bill of Assurance.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief explanation of the ordinance. The Planning Commission
recommended approval with a vote of 8-1. Jeremy went over the bill of assurance that runs with
the property. Staff is recommending approval of three new zoning districts on this property.
Mayor Jordan: How do you amend a bill of assurance?
City Attorney Kit Williams: Actually it is not our document so the applicant would have to
amend it. I would suggest that on Exhibit B to the bill of assurance that they remove number 3
under Neighborhood Conservation and add that to the RSF-4 section.
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Justin Jorgensen with Jorgensen's Associates: Yes, that sounds good to us. Thank you Jeremy
for catching that and we would be glad to do that.
City Attorney Kit Williams asked Justin Jorgensen to go ahead and make the change and
submit it to Jeremy.
Alderman Petty: Neighborhood Conservation and RSF-4 are very similar zoning designations
so I was wondering why, in your negotiations with the surrounding neighborhoods, you chose to
put RSF-4 on those two corners rather than Neighborhood Conservation across that entire tract.
Justin Jorgensen: The reason for that is to have flexibility in the lot design.
Alderman Petty: I think you described why you chose Neighborhood Conservation but I was
asking why you chose RSF-4.
Justin Jorgensen: In that area it is going to be hard to develop. There is a lot of surrounding
property owners that wanted to see that as RSF-4.
Jeremy Pate: In the Ruskin Heights project this was the tree house area. This area has a lot of
ravines and significant tree canopy. We felt the lower density would be a much better option in
this particular portion of the property.
Alderman Petty: We received an email in regards to a traffic requirement that existed for
Ruskin Heights to make a portion of that a boulevard to direct traffic out of this area onto
Highway 45. They stated you guys responded and told them that would be a conversation for the
large scale development approval, is that right?
Jeremy Pate: That is correct. Generally we look at street improvements or access to streets at
the time of the development proposal. With Ruskin Height we were looking at both zoning and
development because it was a planned zoning district. When or if a street connects to
Greenview we would look at the same factors we looked at originally.
Joann Kvamme, a resident near the property thanked the applicant for meeting with the
neighbors. I appreciate the bill of assurance. My concern is, with the economic times what they
are, if it sells again and the next developer does not want to abide by these rules, they could
come back and have this nulled.
Mayor Jordan: They could I think.
City Attorney Kit Williams explained the options that a new developer would have.
Mayor Jordan: There wouldn't be any guarantees that it would stay forever.
Joann Kvamme: One of the things that will keep Fayetteville strong is the stability of our
neighborhoods. If neighborhoods are in constant question as to what is going to happen around
them you are going to deteriorate our neighborhoods. We worked hard with the applicant to get
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