Loading...
HomeMy WebLinkAbout2012-10-02 - 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 October 02, 2012 A meeting of the Fayetteville City Council will be held on October 02, 2012 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the September 18, 2012 City Council meeting minutes. APPROVED 2. 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. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 191-12 3. 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. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 THIS ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 192-12 4. 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. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 193-12 5. 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. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 194-12 B. Unfinished 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 ordinance was left on the Second Reading at the September 18, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5529 2. 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 ordinance was left on the First Reading at the September 18, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5530 C. New Business: 1. Bid #12-60 Advance Tire, Inc.: A resolution to award Bid#12-60 to Advance Tire, Inc. for the purchase of four solid tire and wheel assemblies for the solid waste wheel loader in the total amount of$21,100.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 195-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. Amend §97.086 Vending and Peddling: An ordinance to amend §97.086 Vending and Peddling of the Code of Fayetteville to expand the number of days per week that the Farmers' Market can operate at the Botanical Gardens. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5531 3. 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 ITEM WAS LEFT ON THE THIRD READING AND TABLED TO THE OCTOBER 16, 2012 CITY COUNCIL MEETING. 4. Neal Hefner Construction Company, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Neal Hefner Construction Company, Inc. in the amount of $41,072.69 for the construction of extra- wide sidewalk to accommodate a future trail extension. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5532 5. VAC 12-4198 (5439 Maywood Dr./Win): An ordinance approving VAC 12-4198 submitted by Alan Reid and Associates for property located at 5439 Maywood Drive to vacate a portion of a utility easement, a total of 477 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5533 6. VAC 12-4199 (2864 N. Prince William Dr./Cooper): An ordinance approving VAC 12-4199 submitted by Alan Reid and Associates for property located at 2864 North Prince William Drive to vacate a portion of a utility easement, a total of 9.26 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5534 7. VAC 12-4205 (21s` Amendment/Dickson St.): An ordinance approving VAC 12-4205 submitted by John Starnes, AIA for property located at 404 & 406 West Dickson Street to vacate a landscape easement, a total of 0.10 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5535 City Council Tour: October 15, 2012 at 4:30 pm - RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins) Announcements: Adjournment: 8:50 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: October 2,2012 Adjourn: g 50 P ^t Subject: Roll Petty Tennant Ferrell t/ Adams k1 Lewis Gray Boudreaux Kinion Mayor Jordan ✓ Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan City Council Meeting: October 2,2012 Subject: Consent aE3 LL Motion To: Motion By: Seconded: 43 petty GWvX,tI vz Tennant &K&A ' Ferrell Adams ✓ Lewis r/ DYDY d? Gray Boudreaux Kinion . affil Mayor Jordan Subject: of /.c CI�sxQ✓��f ;. o &tJ6) Motion To: Motion By: s Seconded: JqJ-12- petty ✓ PgQQ e�Q Tennant Ferrell / Adams ✓ Lewis ✓ Gray ✓ Boudreaux Kinion Mayor Jordan g-0 City Council Meeting: October 2,2012 Subject: §92.01 Definitions of the Animals Cha ter& 92.35 Managed Care of Feral Cats Motion To: 3 rd J Motion By: I Seconded: B. 1 Petty ✓ Unfinished Tennant Business Ferrell ✓ Adams p/ Al Lewis ✓ pfd Gray ✓ ,/ Boudreaux v✓ t/ Kinion N Mayor Jordan T✓ �a Subject: 2012 Millage Le Motion To: n GT Motion By: ' Seconded: B. 2 Petty r/ ✓ Unfinished Tennant ✓ �✓ Business Ferrell �/ �✓ ✓ Adams ✓ �� °° Lewis ✓ ✓ k--- Gray /Gray ✓ ✓ ✓ Boudreaux ✓ ✓ ✓ Kinion ✓ ✓ 6 6W Mayor Jordan �'� -7-0 8"0 City Council Meeting: October 2,2012 Subject: Bid#12-60 Advance Tire,Inc Motion To: Motion By: Seconded: t/�On�ai PettyAS -,- en$ C. 1 Amo+e. New Tennant Business Ferrell Adams P Lewis f' Gray ✓ Boudreaux ✓ Kinion Mayor Jordan '7-0 Subject: Amend §97.086 Vending and Peddlin Motion To: n rd /2ac.� Qe� Motion By: Seconded: t /rte C. 2 Petty i/ ✓ New Tennant ✓ ✓ Business Ferrell ✓ ✓ ✓ Adams ✓ �' Lewis ✓ '� '� Gray ✓ ✓ Boudreaux ✓ Kinion tMayor Jordan City Council Meeting: October 2,2012 Subject: REO Holdings 1,LLC Motion To: .2AJ &aJ ard �C (t Motion By: ��H n a*4- -- Seconded: Q C. 3 Petty ✓ ✓ ✓ New Tennant ✓ '� �/ Business Ferrell ✓ '� ,/ Adams r✓ ✓" ,/ 44--an Lewis r✓ `� ,/ 4 .%VJ Gray ✓ ✓ ✓ '6�2"ij Boudreaux ✓ ✓ ✓ 4" Kinion ✓ "`� `� �CtPL, Mayor Jordan Subject: Neal Hefner Construction Compan ,Inc Motion To: Motion By: Seconded: -�a C. 4 Petty ✓ ✓ ✓ New Tennant ✓ ✓ ✓ Business Ferrell ✓ ✓ Adams ✓ ✓ ✓ Lewis ' �✓ ✓ ✓ Gray ✓ ✓ Boudreaux ✓ ✓ ✓ Kinion ✓ '� 01 Mayor Jordan -p 80 8'a City Council Meeting: October 2,2012 Subject: VAC 12-4198 (5439 Maywood Dr./Win) Motion To: Motion By: Q Seconded: �s C. 5 Petty ✓ ✓ ✓ New Tennant �✓ +✓ ✓ Business Ferrell ✓ ✓ ✓ Adams ✓ ✓ Lewis ✓ ✓ ✓ aet� Gray ✓ ✓ ✓ Boudreaux / ✓ ✓ Pinionayor Jordan 9 -0 8 0 9,_0 Subject: VAC 12-4199 (2864 N. Prince William Dr./Cooper) Motion To: r Fie cl doh Motion By: �Is Seconded: C. 6 Petty vll New Tennant ✓ ✓ Business Ferrell i/ ✓ ✓ Adams ✓ r✓ ✓ Lewis �/ ✓ �/ Gray ✓ ✓ Boudreaux ✓ ✓ ✓ Kinion �3 Mayor Jordan �`-o o o City Council Meeting: October 2,2012 Subject: VAC 12-4205 (213`Amendment/Dickson St.) Motion To: n n !' Motion By: Seconded: C. 7 Petty i/ New Tennant ✓ ✓ ,/ Business Ferrell ✓ ✓ Adams ✓ �/ ✓ Lewis ✓ ✓ ✓ PQ4i�2J Gray / ✓ ,/ Boudreaux �/ ✓ Kinion ✓ �✓ ✓ Mayor Jordan 0-6 91-0 "D Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan • aye Leville Departmental Correspondence LEGAL NSAS www.accessfayetteville.org 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 3, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of October 2, 2012 1. Callie's Prairie: A resolution naming Lake Fayetteville Prairie Restoration Area "Callie's Prairie" in honor of Callie Henson, an early pioneer and landowner. 2. 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 3. AR Forestry Commission Urban & Community Forestry 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. 4. 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. 5. §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 to enact §92.35 Managed Care of Feral Cats. 6. 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. 7. Bid #12-60: A resolution to award Bid #12-60 to Advance Tire, Inc. for the purchase of four solid tire and wheel assemblies for the Solid Waste wheel loader in the total amount of$21,100.00. 8. Amend §97.086 Vending and Peddling: An ordinance to amend §97.086 Vending And Peddling of the Code of Fayetteville to expand the number of days per week that the Farmers' Market can operate at the Botanical Gardens. 9. Neal Hefner Construction Co., Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Neal Hefner Construction Co., Inc. in the amount of $41,072.69 for the construction of an extra-wide sidewalk to accommodate a future trail extension. 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 02, 2012 A meeting of the Fayetteville City Council will be held on October 02, 2012 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the September 18, 2012 City Council meeting minutes. 2. 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. 3. 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. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. 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. 5. CDBG Public Facility Program: A resolution to approve a contract with in the amount of $ to use Community Development Block Grant Funds to rehabilitate a city building at 1932 S. Garland for charitable services for Fayetteville citizens. B. Unfinished 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 ordinance was left on the Second Reading at the September 18, 2012 City Council meeting. Left on the Second Reading. 2. 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 ordinance was left on the First Reading at the September 18, 2012 City Council meeting. Left on the First Reading. C. New Business: 1. Bid #12-60 Advance Tire, Inc.: A resolution to award Bid #12-60 to Advance Tire, Inc. for the purchase of four solid tire and wheel assemblies for the solid waste wheel loader in the total amount of$21,100.00. 2. Amend §97.086 Vending and Peddling: An ordinance to amend §97.086 Vending and Peddling of the Code of Fayetteville to expand the number of days per week that the Farmers' Market can operate at the Botanical Gardens. 3. 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. 4. Neal Hefner Construction Company, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Neal Hefner Construction Company, Inc. in the amount of $41,072.69 for the construction of extra- wide sidewalk to accommodate a future trail extension. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 5. VAC 12-4198 (5439 Maywood Dr./Win): An ordinance approving VAC 12-4198 submitted by Alan Reid and Associates for property located at 5439 Maywood Drive to vacate a portion of a utility easement, a total of 477 square feet. 6. VAC 12-4199 (2864 N. Prince William Dr./Cooper): An ordinance approving VAC 12-4199 submitted by Alan Reid and Associates for property located at 2864 North Prince William Drive to vacate a portion of a utility easement, a total of 9.26 square feet. 7. VAC 12-4205 (21st Amendment/Dickson St.): An ordinance approving VAC 12-4205 submitted by John Starnes, AIA for property located at 404 & 406 West Dickson Street to vacate a landscape easement, a total of 0.10 acres. City Council Tour: October 15, 2012 at 4:30 pm - RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins) 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.5 CDBG Public Facility Program Page 1 of 2 ,�pEuroF U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 10 Little Rock Field Office,Region V z Office of the Field Office Director 425 West Capitol Avenue,Suite 1000 ' Little Rock,AR 72201 `qtr oar ° Phone (501)918-5700 - Fax (501)324-6142 www.hud.gov or espanoLhud.gov September 17,2012 I Honorable Lioneld Jordan RECEIVED Mayor,City of Fayetteville SEP 19 2012 113 West Mountain Fayetteville,AR 72701 CITY OFFAY T ICE LLE MAYDear Mayor Jordan: The purpose of this letter is to inform you of HUD's recent review and assessment of the City's progress in meeting CDBG program timeliness standards. On September 17,2012,HUD noted that the City's timeliness ratio was 2.04,which indicates that the City's CDBG line of credit balance($1,101,275)represented 2.04 years of funding,based on its current grant of $540,226. In order to satisfy HUD's November 2, 2012 timeliness requirement(1.50 or less)the City is required to expend a minimum of$290,936 by November 2,2012. HUD's guidelines for acceptable performance found at 24 CFR 570.902 require that a grantee's line of credit balance not exceed 1.5 equivalent years of funding at 60 days prior to the end of the current program year. HUD's timeliness test is completed on November 2nd of each year. Failure to achieve this requirement would make the City untimely during its 2012 Program Year. This designation would require the City to submit a detailed plan with appropriate milestones for achieving timeliness over the following twelve(12) months. Moreover,failure to achieve the timeliness requirement for the second consecutive year would result in subtraction of 100 percent of the amount in excess of 1.50 times the City's 2013 grant,from the City's 2014 grant,unless HUD determines that the second untimely designation was beyond the City's control. We are available to provide technical assistance to the City's current efforts to meet HUD's timeliness guidelines by November 2,2012. Thank you for your continued interest in HUD's programs. If there are questions,or if we may be of further assistance in the implementation of your CDBG Program, please contact me on 501-918-5700 or Clint Johnson,Acting Community Planning and Development Director, on 501-918-5739. Sincerely, Alice Rufus Field Office Director cc: Ms.Yolanda Fields A.5 CDBG Public Facility Program Page 2 of 2 City of Fayetteville Staff Review Form B.2 City Council Agenda Items Pat9e Mi 6e Levy and Contracts, Leases or Agreements 9/18/2012 City Council Meeting Data Agenda Items Only ,- Paul A. Becker Finance& Internal Services Finance& Internal Services Submitted By Division Department Action Required: City Council is requested to adopt real and personal property tax rates for 2012 for the Policemen's Pension& Relief, the Firemen's Pension&Relief Funds, and the Fayetteville Public Library. The rate to be adopted for the Policemen's Pension& Relief Fund and the Firemen's Pension&Relief Fund is 0.4 mils for real property and 0.4 mils for personal property,the millage for the Fayetteville Public Library is 1.0 mil for real property and 1.0 mil for personal property. City Council is also requested to adopt real and personal property tax rates for 2012 for the City's General Fund. The rate requested for the City's General Fund is 1.3 mils for real property and 1.3 mils for personal property. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached 9-`�0-U% L Previous Ordinance or Resolution# 5447 Department Directo Date Original Contract Date: Original Contract Number: City Attorney R Date ep _ Date Received in Cit 03-'1- 12P03 05 RCVD Finance and Internal Services Director y Clerk's Office 4of16Date Received inMayor's Office Pte Comments: Revised January 15,2009 r E • B.2 Fay e evl le Page Millage Levy Page 2 of 6 THE CITY OF FAYETTEVILLE,ARKANSAS ARKANSAS TO: Mayor Lioneld Jordan and Fayetteville City Council THRU: Don Marr, Chief of Staff FROM: Paul A. Becker, Finance Director DATE: August 27, 2012 SUBJECT: 2012 Millage Levy Recommendation: City staff recommends that City Council approve the millage levy ordinance approving the 0.4 mils for the Policemen's Pension and Relief Fund, 0.4 mils for the Firemen's Pension and Relief Fund, 1.0 mils for the Fayetteville Public Library, and 1 .3 mils for 2013 General Fund operations. This will continue the same millage as levied last year. Background: Each year the City must approve an ordinance to renew the levy of ad valorem taxes on real and personal property within the City. This request will provide for such levy on property assessed during 2012. The total assessed value of real and personal property located within the city limits of Fayetteville, as of August 3, 2012, is approximately$1.307 billion. The assessed valuation is before the Washington County Board of Equalization has made all the changes to the County Assessors Abstract. Based on the preliminary assessments, the growth in real property assessments is approximately 1.36% as of August 3, 2012. Discussion: A millage levy ordinance must be approved by City Council in order for the City to continue to collect property taxes for the Policemen's Pension and Relief Fund and the Firemen's Pension and Relief Fund. The millage levy for the Policemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils on personal property. The millage levy for the Firemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils on personal property as was approved by referendum. A millage levy ordinance must be approved for the operation of the Fayetteville Public Library and that was approved by the voters on October 1, 2002. The millage levy for the Fayetteville Public Library is 1.0 mils for real property and 1 .0 mils on personal property. Finally, City staff is requesting that City Council approve a millage levy ordinance for General Fund operations in the amount of 1.3 mils for both real and personal property. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 THE CITY OF FAYETTEVILLE,ARKANSAR^212 Millage Levy Page 3 of 6 The 2013 proposed property fax revenue amount based on the 1.3 mil levy is estimated to bring in $1,614,000 in General Fund revenue. Below is a proposed calendar of meetings during the months of September and October to discuss the millage levy. Tuesday, September 11 Agenda Session Tuesday, September 18 City Council Meeting Tuesday, September 25 Agenda Session Tuesday, October 2 City Council Meeting Tuesday, October 9 Agenda Session Tuesday, October 16 City Council Meeting Budget Impact: The 0.4 mils Police and 0.4 mils Fire is needed to fund the Pension plans for both. The 1.0 mils is used to fund the operation of the Fayetteville Public Library. The 1.3 mils will be used to fund General Fund operations. Conclusion: The millage levy must be at Washington County in time to be included in their consolidated levy ordinance which will be approved at the November 8, Quorum Court meeting. The deadline for receipt is set by the County. Last year that deadline was November 1. The City levy will be added to the levies by Washington County, the various school districts, improvement districts and other cities within the County when the Washington County Quorum Court adopts its millage levy for 2012. The administration is requesting the same millage rate as was approved in 2011 as follows: 1.3 mils for General Fund Operations 1.0 mils for the Fayetteville Public Library 0.4 mils for the Police Pension Fund 0.4 mils for the Fire Pension Fund If you have any questions concerning this agenda request please contact me at 575- 8330. Telecommunication Device for the Deaf TDD(479)521-1316 113 West Mountain�Fayetteville,AR 72701 B.2 2012 Millage Levy Page 4 of 6 City of Fayetteville Property Tax Revenue per Mil August 3, 2012 Millage Approximate Revenue 0.10 $ 124,000 0.20 $ 248,000 0.30 $ 373,000 0.40 $ 497,000 0.50 $ 621,000 0.60 $ 745,000 0.70 $ 869,000 0.80 $ 994,000 0.90 $ 1,118,000 1.00 $ 1,242,000 1.20 $ 1,490,000 1.30 $ 1,614,000 2.00 $ 2,484,000 2.10 $ 2,608,000 2.60 $ 3,229,000 3.10 $ 3,850,000 3.60 $ 4,471,000 4.10 $ 5,092,000 4.60 $ 5,713,000 The millage revenue reflected above is based on the Washington County Preliminary Summary Report of County Assessments for the Year 2012 dated August 3, 2012 and includes real and personal property for Utilities. The City Council can approve up to 5.0 mils for operations. The table assumes a 95% collection rate. Total real and personal property assessments for 2013 amount to approximately $1,307 million excluding real estate and personal property for utilities. Property Tax Impact Illustration Appraised Value Assessed Value 1 Mil Tax/Year Single Family Home $ 75,000.00 $ 15,000.00 $ 15.00 Single Family Home $ 100,000.00 $ 20,000.00 $ 20.00 Single Family Home $ 150,000.00 $ 30,000.00 $ 30.00 B.2 2012 Millage Levy Page 5 of 6 ORDINANCE NO. 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That a tax is hereby levied on the real and personal property within the City of Fayetteville, Arkansas, for the year 2012 to be collected in 2013 for the following purposes at the following rates: REAL AND PERSONAL PROPERTY Purpose Levy General Fund—Operations 1.3 mills Fayetteville Public Library 1.0 mills Policemen's Pension Fund 0.4 mills Firemen's Pension Fund 0.4 mills TOTAL 3.1 mills Section 2: That the real and personal property tax so levied and the rates provided therefore are hereby certified to the Clerk of Washington County, Arkansas, to be placed in the tax book by the County Clerk and collected in the same manner that the county and school district taxes are collected. B.2 2012 Millage Levy Page 6 of 6 Section 3: The City Clerk is hereby authorized and directed to file certified copies of this ordinance in the office of the County Recorder, County Clerk, County Assessor, and the County Tax Collector for Washington County, Arkansas. PASSED and APPROVED this 18f"day of September, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City Council Meeting Minutes September 18,2012 Page I of 16 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Cray a e evl e Ward 1 Position I—Mark inionBoudaux City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position t—Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes September 18, 2012 A meeting of the Fayetteville City Council was held on September 18, 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, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff,Press, and Audience. ABSENT: Alderman Petty Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations,Reports and Discussion Items: Advertising and Promotion Commission Appointment — The Commission recommends the appointment of Ching Mong. Alderman Ferrell moved to approve the appointment of Ching Mong to the Advertising and Promotion Commission. Alderman Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Adams was absent during the vote. Alderman Petty was absent. Nominating Committee Report — Alderman Adella Gray gave the Nominating Committee Report. A copy of the report is attached. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDTI TY(479)521-1316 City Council Meeting Minutes September 18,2012 Page 2 of 16 Alderman Ferrell moved to approve the Nominating Committee report. Alderman Tennant seconded the motion. Alderman Lewis: Can you clarify the "to be determined". Alderman Gray: That has not been given to us yet. This is a brand new committee (Town and Gown) and I am assuming that they are going to make that determination at a later time. Alderman Lewis: The Committee itself is going to make that determination. Alderman Gray: I am assuming so. Don Marr: One of the action items at their first meeting is the discussion on terms, rotating their terms and length of terms. The ordinance did not define that so it is left up to the committee to determine. Upon roll call the motion passed 7-0. Alderman Petty was absent. Agenda Additions: The following was added to the agenda Alderman Ferrell moved to add the 2014 Governor's Conference on Tourism resolution to the agenda. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Petty was absent. 2014 Governor's Conference on Tourism: A resolution to encourage selection of Fayetteville for the 2014 Governor's Conference on tourism. Alderman Tennant: The A&P Commission is putting a bid together to host this conference. This will show that the City of Fayetteville supports this activity and conference. Alderman Gray moved to approve the resolution. Alderman Tennant seconded the motion. Upon roll call the resolution passed 7-0. Alderman Petty was absent. Resolution 184-12 as recorded in the office of the City Clerk. i Consent: Approval of the September 4, 2012 City Council meeting minutes. I Approved 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 September 18,2012 Page 3 of 16 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. Resolution 185-12 as recorded in the office of the City Clerk. 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. Resolution 186-12 as recorded in the office of the City Clerk. 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. Resolution 187-12 as recorded in the office of the City Clerk. 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. Resolution 188-12 as recorded in the office of the City Clerk. 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. Resolution 189-12 as recorded in the office of the City Clerk. 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 the Consent Agenda and later reconsidered Alderman Kinion moved to approve the Consent Agenda. Razing and Removal Costs for 1609 S. Duncan Avenue was later reconsidered. Alderman Boudreaux seconded the motion. Upon roll call the motion passed 7-0. Alderman Petty was absent. Unfinished Business: 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 September 18,2012 Page 4 of 16 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. Jeremy Pate: The applicant submitted an email requesting that this be tabled for one month so October 160i would be the meeting date if it were tabled tonight. A discussion followed on what reading it should be left on. Jared Inman with Jorgensen and Associates stated we know, from the brief discussions with the neighbors, that traffic is an issue with this development. Our traffic report came in yesterday so City staff has not had a chance to look at it. The reason for tabling is we want to get all the information out before we take your time and I promised the neighbors that we would be meeting with them prior to having this issue. Alderman Gray: You are pretty sure you will be ready in a month. We have all had emails from the neighbors that say they do not want to keep putting it off. They want to know for sure when it's going to happen. Jared Inman: The developer doesn't want to put it off either. Alderman Gray: So in a month you should be ready. Jared Inman: We should be. Alderman Lewis: So this is a rezoning request? The traffic study on something like this is considering the zoning and not the development plan? Jeremy Pate explained the considerations involved in this project. Alderman Ferrell: I also received correspondence from constituents. He referenced the business license process and how many times it had been tabled. Jimmy Roy, a resident of Brookbury stated I agree that it should be tabled as well. Alderman Ferrell moved to table the ordinance to the October 16, 2012 City Council meeting. Alderman Lewis seconded the motion. Upon roll call the motion passed 7-0. Alderman Petty was absent. This ordinance was Tabled to the October 16, 2012 City Council meeting. 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 September 18,2012 Page 5 of 16 City Attorney Kit Williams: I think we are going to have to go back to item #7 on the Consent Agenda because that must be a public hearing. So I would like the City Council to vote to reconsider that and then let's conduct a public hearing. The following item was removed from the Consent Agenda for reconsideration: Alderman Ferrell moved to reconsider Razing and Removal Costs for 1609 S. Duncan Avenue from the Consent Agenda for discussion. Alderman Adams seconded the motion. A discussion followed on which item it was. Upon roll call the motion passed 7-0. Alderman Petty was absent. 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. Mayor Jordan opened the public hearing. There was no public comment during the public hearing. City Attorney Kit Williams: If there is no one in the public speaking we have evidence in the agenda showing a bill from M & M Excavating, LLC in the amount of$3,495.00 plus we have pictures demonstrating that this house had to be razed and removed. He explained various evidence that had been presented. Mayor Jordan closed the public hearing. Alderman Boudreaux moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 7-0. Alderman Petty was absent. Resolution 190-12 as recorded in the office of the City Clerk. New 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. City Attorney Kit Williams read the ordinance. Alderman Boudreaux gave a brief description of the ordinance. This ordinance will provide a nature reduction of feral cats. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDn TY(479)521-1316