HomeMy WebLinkAbout2013-05-07 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward I Position 1 —Adella Gray
Faye eel e Ward 1 Position 2—Sarah Marsh
City Attorney Kit Williams Ward 2 Position 1—Mark Kinion
Ward Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
May 07, 2013
A meeting of the Fayetteville City Council will be held on May 07, 2013 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the April 16, 2013 City Council meeting minutes. APPROVED
2. Animal Services Donation Revenue: A resolution approving a budget adjustment in the
total amount of$9,392.00 representing donation revenue to Animal Services for the first
quarter of 2013.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-13
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the
total amount of $405.00 representing donation revenue to the Community Services
Division Ranger's Pantry Pet Food Bank and for the Senior Giving Tree Event.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-13
4. Community Development Block Grant Housing Program: A resolution approving a
budget adjustment in the total amount of $1,195.00 recognizing Community
Development Block Grant income received from a Housing Program lien payoff.
REMOVED FROM CONSENT AND TABLED INDEFINITELY
5. McClelland Consulting Engineers, Inc. Amendment l — Task Order No. 9: A
resolution approving Amendment No. 1 to Task Order No. 9 of a contract with
McClelland Consulting Engineers, Inc. in the amount of $7,500.00 for engineering
services associated with the executive hangar office addition project at Fayetteville
Executive Airport-Drake Field.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 93-13
6. Center Point Contractors, Inc.: A resolution awarding Bid #13-23 and authorizing a
contract with Center Point Contractors Inc. in the amount of$256,675.00 for construction
of an executive hangar addition at Fayetteville Executive Airport-Drake Field, and
approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-13
7. Cintas Corporation: A resolution authorizing a contract with Cintas Corporation,
pursuant to a cooperative purchasing agreement through the U.S. Communities
Government Purchasing Alliance, for the rental of uniforms, mats, mops and other items
through March 31, 2015, with two additional two year renewal options.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 95-13
8. Repealing Resolution No. 51-13 Bid #13-12 Terex Equipment Services: A resolution
repealing Resolution No. 51-13, awarding Bid #13-12 and authorizing the purchase of
three (3) Ford F-550 service body trucks from Terex Equipment Services of North Little
Rock in the total amount of$127,545.00 for use by the Water and Sewer Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 96-13
9. Bid #12-79 Peterbilt of Fort Smith: A resolution authorizing the purchase of one (1)
2013 Peterbilt rear load refuse truck with Wayne body pursuant to Bid #12-79 from
Peterbilt of Fort Smith in the amount of$220,995.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 97-13
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
10. 2013 Arkansas Department of Environmental Quality E-Waste Grant: A resolution
approving application for a 2013 Arkansas Department of Environmental Quality E-
Waste Grant through the Boston Mountain Solid Waste District of$25,000.00 for an E-
Waste coupon redemption program.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 98-13
11. 2013 Arkansas Department of Environmental Quality Recycling Grant: A
resolution approving application for a 2013 Arkansas Department of Environmental
Quality Recycling Grant through the Boston Mountain Solid Waste District of
$30,000.00 for indoor apartment recycling containers.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 99-13
12. Northwest Arkansas Regional Planning Commission: A resolution approving an
amendment to the Intergovernmental Agreement with the Northwest Arkansas Regional
Planning Commission relating to the second statement of joint principles, stressor
response, and monitoring evolving water quality issues, authorizing an expenditure of up
to $40,000.00 for the agreement, and authorizing a $5,000.00 contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 100-13
B. Unfinished Business:
1. Amend §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market
to transfer the current free use of the south parking spaces on Mountain Street to the
control of the Rural Mountain Producers Exchange Board, to close Mountain Street to
traffic, to permit sound amplification during Farmers' Market and to make other
changes. This ordinance was left on the First Reading at the March 19, 2013 City
Council meeting. This ordinance was left on the Second Reading at the April 2, 2013
City Council meeting and sent to the Ordinance Review Committee. This ordinance
was left on the Third Reading at the April 16, 2013 City Council meeting and Tabled
to the May 7, 2013 City Council meeting.
TABLED TO THE MAY 21, 2013 CITY COUNCIL MEETING
2. R-PZD 12-4284 (Park Hill at Mountain Ranch): An ordinance establishing a
Residential Planned Zoning District titled R-PZD 12-4284, Park Hill at Mountain Ranch,
located at the southwest corner of Persimmon Street and Mountain Ranch Boulevard;
containing approximately 2.23 acres; amending the official zoning map of the City of
Fayetteville; and adopting the Associated Master Development Plan. This ordinance
was left on the First Reading at the April 2, 2013 City Council meeting. This
ordinance was left on the Second Reading at the April 16, 2013 City Council
meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5580
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
C. Public Hearing:
1. Raze and Removal 320 W. North Street: A resolution certifying to the Tax Collector
of Washington County, Arkansas the costs of razing and removal of a dilapidated and
unsafe structure upon the property owned by Robert W. Wilkes located at 320 W. North
Street in the City of Fayetteville, Arkansas.
THIS RESOLUTION WAS DENIED
2. Raze and Removal 1717 S. Stirman Avenue: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Mary Lou Guthery located at
1717 S. Stirman Avenue in the City of Fayetteville, Arkansas, and approving a budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 101-13
D. New Business:
1. RZN 13-4334 (2925 Old Missouri/Good Shepherd: An ordinance rezoning that
property described in rezoning petition RZN 13-4334, for approximately 3.8 acres,
located at 2925 Old Missouri Road from RSF-4, Residential Single-Family, 4 units per
acre, to P-1, Institutional.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5581
2. RZN 13-4359 (1851 E. Huntsville Rd./Kum & Go): An ordinance rezoning that
property described in rezoning petition RZN 13-4359, for approximately 1.9 acres,
located at 1851 East Huntsville Road from I-1, General Industrial, to C-1, Neighborhood
Commercial.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5582
3. JWC Environmental: An ordinance waiving the requirements of formal competitive
bidding and approving an agreement with JWC Environmental in a current amount of
$21,658.24 for Channel Monster repairs and approving future such repairs as needed at
the Hamestring Sewer Pump Station.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5583
E. City Council Agenda Session Presentations:
1. Economic Development 2nd Quarter Contract Update: Chung Tan and Steve Clark
F. City Council Tours:
1. May 6, 2013 5:00 PM
Woolsey Wet Prairie Wetlands and Broyles Farm
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
G. Announcements:
Adjournment: 6:50 p.m.
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait
for the Mayor to request public comment and then come to the podium, give your name, address, and
comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,
Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each
person is only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council
meetings:
Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting
should only be considered if it requires immediate City Council consideration and if the normal agenda
setting process is not practical. The City Council may only place such new item on the City Council
meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to
the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this
presentation period, but may be recalled by an alderman later to answer questions. Staff and
applicants may use electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the audience on all items of old
and new business and subjects of public hearings. No electronic visual aid presentations shall be
allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of
the City Council meeting. Any member of the public shall first state his or her name and address,
followed by a concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City Council or to
the Planning Commission when those Planning Commission minutes have been provided to the
Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any
particular member of the City Council. No person other than the Aldermen and the person having the
floor shall be permitted to enter into any discussions without permission of the Mayor. No questions
shall be directed to an Alderman or city staff member except through the Mayor.
Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections
as to integrity, abusive comments and statements about motives or personalities. Any member of the public
who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking
and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice
is required. For further information or to request an interpreter, please call 575-8330.
A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113
W. Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: May 7,2013 Adjourn: 6-0 P' `
Subject: Roll
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Petty
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Long
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Marsh
Mayor Jordan V�
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Seconded:
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Mayor Jordan
City Council Meeting: May 7,2013
Subject: Consent
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City Council Meeting: May 7,2013
Subject: Amend §114.02 Farmers' Market
Motion To:
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Subject: R-PZD 12-4284 (Park Hill at Mountain Ranch)
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City Council Meeting: May 7,2013
Subject: Raze and Removall—332,0 W. Skelton Street
Motion To: Qa
Motion By:
Seconded:
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City Council Meeting: May 7,2013
Subject: RZ N 12 z/23 L�9.ZS Qf� J� u;SS� ' f[�oacf yr,
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City Council Meeting: May 7,2013
Subject: wc. 1J 1 r ti n re ��
Motion To:
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Seconded:
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Mayor Jordan
ayeP�Ivile Departmental Correspondence
ARKANSASLEGAL
. . DEPARTMENT
Kit Williams
TO: MAYOR LIONELD JORDAN City Attorney
CITY CLERK SONDRA SMITH Jason B.Kelley
Assistant CityAttorney
FROM: CITY ATTORNEY KIT WILLIAMS
DATE: MAY 8,2013
RE: COUNCIL MEETING OF 5/7/2013—ADOPTED ITEMS
The following items,which were prepared by our office,were adopted at the 5/7/2013
City Council meeting:
1. Animal Services Donation Revenue: A resolution approving a budget adjustment in the
total amount of$9,392.00 representing donation revenue to Animal Services for the first
quarter of 2013.
2. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the
total amount of $405.00 representing donation revenue to the Community Services
Division Ranger's Pantry Pet Food Bank and for the Senior Giving Tree Event.
3. McClelland Consulting Engineers, Inc. Amendment 1 – Task Order No. 9: A
resolution approving Amendment No. 1 to Task Order No. 9 of a contract with
McClelland Consulting Engineers, Inc. in the amount of $7,500.00 for engineering
services associated with the executive hangar office addition project at Fayetteville
Executive Airport-Drake Field.
4. Center Point Contractors, Inc.: A resolution awarding Bid #13-23 and authorizing a
contract with Center Point Contractors Inc. in the amount of$256,675.00 for construction
of an executive hangar addition at Fayetteville Executive Airport-Drake Field, and
approving a budget adjustment.
5. Cintas Corporation: A resolution authorizing a contract with Cintas Corporation,
pursuant to a cooperative purchasing agreement through the U.S. Communities
Government Purchasing Alliance, for the rental of uniforms,mats, mops and other items
through March 31,2015,with two additional two year renewal options.
i
6. Repealing Resolution No. 51-13 Bid #13-12 Terex Equipment Services: A resolution
repealing Resolution No. 51-13, awarding Bid #13-12 and authorizing the purchase of
three (3) Ford F-550 service body trucks from Terex Equipment Services of North Little
Rock in the total amount of$127,545.00 for use by the Water and Sewer Division.
7. Bid #12-79 Peterbilt of Fort Smith: A resolution authorizing the purchase of one (1)
2013 Peterbilt rear load refuse truck with Wayne body pursuant to Bid #12-79 from
Peterbilt of Fort Smith in the amount of$220,995.00.
S. 2013 Arkansas Department of Environmental Quality E-Waste Grant: A resolution
approving application for a 2013 Arkansas Department of Environmental Quality E-
Waste Grant through the Boston Mountain Solid Waste District of$25,000.00 for an E-
Waste coupon redemption program.
9. 2013 Arkansas Department of Environmental Quality Recycling Grant: A
resolution approving application for a 2013 Arkansas Department of Environmental
Quality Recycling Chant through the Boston Mountain Solid Waste District of
$30,000.00 for indoor apartment recycling containers.
10.Northwest Arkansas Regional Planning Commission: A resolution approving an
amendment to the Intergovernmental Agreement with the Northwest Arkansas Regional
Planning Commission relating to the second statement of joint principles, stressor
response, and monitoring evolving water quality issues, authorizing an expenditure of up
to $40,000.00 for the agreement, and authorizing a$5,000.00 contingency.
11.Raze and Removal 1717 S. Stirman Avenue: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Mary Lou Guthery located at
1717 S. Stirman Avenue in the City of Fayetteville, Arkansas, and approving a budget
adjustment.
12.JWC Environmental: An ordinance waiving the requirements of formal competitive
bidding and approving an agreement with JWC Environmental in a current amount of
$21,658.24 for Channel Monster repairs and approving future such repairs as needed at
the Hamestring Sewer Pump Station.
I
i
j
i
t
i
Aldermen
Mayor Lioneld Jordan Ward I Position 1 —Adella Gray
Faye eel e Ward 1 Position 2—Sarah Marsh
City Attorney Kit Williams Ward 2 Position 1—Mark Kinion
Ward Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
May 07, 2013
A meeting of the Fayetteville City Council will be held on May 07, 2013 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the April 16, 2013 City Council meeting minutes.
2. Animal Services Donation Revenue: A resolution approving a budget adjustment in the
total amount of$9,392.00 representing donation revenue to Animal Services for the first
quarter of 2013.
3. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the
total amount of $405.00 representing donation revenue to the Community Services
Division Ranger's Pantry Pet Food Bank and for the Senior Giving Tree Event.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. Community Development Block Grant Housing Program: A resolution approving a
budget adjustment in the total amount of $1,195.00 recognizing Community
Development Block Grant income received from a Housing Program lien payoff.
5. McClelland Consulting Engineers, Inc. Amendment 1 — Task Order No. 9: A
resolution approving Amendment No. 1 to Task Order No. 9 of a contract with
McClelland Consulting Engineers, Inc. in the amount of $7,500.00 for engineering
services associated with the executive hangar office addition project at Fayetteville
Executive Airport-Drake Field.
6. Center Point Contractors, Inc.: A resolution awarding Bid #13-23 and authorizing a
contract with Center Point Contractors Inc. in the amount of$256,675.00 for construction
of an executive hangar addition at Fayetteville Executive Airport-Drake Field, and
approving a budget adjustment.
7. Cintas Corporation: A resolution authorizing a contract with Cintas Corporation,
pursuant to a cooperative purchasing agreement through the U.S. Communities
Government Purchasing Alliance, for the rental of uniforms, mats, mops and other items
through March 31, 2015, with two additional two year renewal options.
8. Repealing Resolution No. 51-13 Bid #13-12 Terex Equipment Services: A resolution
repealing Resolution No. 51-13, awarding Bid #13-12 and authorizing the purchase of
three (3) Ford F-550 service body trucks from Terex Equipment Services of North Little
Rock in the total amount of$127,545.00 for use by the Water and Sewer Division.
9. Bid #12-79 Peterbilt of Fort Smith: A resolution authorizing the purchase of one (1)
2013 Peterbilt rear load refuse truck with Wayne body pursuant to Bid #12-79 from
Peterbilt of Fort Smith in the amount of$220,995.00.
10. 2013 Arkansas Department of Environmental Quality E-Waste Grant: A resolution
approving application for a 2013 Arkansas Department of Environmental Quality E-
Waste Grant through the Boston Mountain Solid Waste District of$25,000.00 for an E-
Waste coupon redemption program.
11. 2013 Arkansas Department of Environmental Quality Recycling Grant: A
resolution approving application for a 2013 Arkansas Department of Environmental
Quality Recycling Grant through the Boston Mountain Solid Waste District of
$30,000.00 for indoor apartment recycling containers.
12. Northwest Arkansas Regional Planning Commission: A resolution approving an
amendment to the Intergovernmental Agreement with the Northwest Arkansas Regional
Planning Commission relating to the second statement of joint principles, stressor
response, and monitoring evolving water quality issues, authorizing an expenditure of up
to $40,000.00 for the agreement, and authorizing a $5,000.00 contingency.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
B. Unfinished Business:
1. Amend §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market
to transfer the current free use of the south parking spaces on Mountain Street to the
control of the Rural Mountain Producers Exchange Board, to close Mountain Street to
traffic, to permit sound amplification during Farmers' Market and to make other
changes. This ordinance was left on the First Reading at the March 19, 2013 City
Council meeting. This ordinance was left on the Second Reading at the April 2, 2013
City Council meeting and sent to the Ordinance Review Committee. This ordinance
was left on the Third Reading at the April 16, 2013 City Council meeting and Tabled
to the May 7, 2013 City Council meeting.
Left on the Third Reading
2. R-PZD 12-4284 (Park Hill at Mountain Ranch): An ordinance establishing a
Residential Planned Zoning District titled R-PZD 12-4284, Park Hill at Mountain Ranch,
located at the southwest corner of Persimmon Street and Mountain Ranch Boulevard;
containing approximately 2.23 acres; amending the official zoning map of the City of
Fayetteville; and adopting the Associated Master Development Plan. This ordinance
was left on the First Reading at the April 2, 2013 City Council meeting. This
ordinance was left on the Second Reading at the April 16, 2013 City Council
meeting.
Left on the Second Reading
C. Public Hearing:
1. Raze and Removal 320 W. North Street: A resolution certifying to the Tax Collector
of Washington County, Arkansas the costs of razing and removal of a dilapidated and
unsafe structure upon the property owned by Robert W. Wilkes located at 320 W. North
Street in the City of Fayetteville, Arkansas.
2. Raze and Removal 1717 S. Stirman Avenue: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Mary Lou Guthery located at
1717 S. Stirman Avenue in the City of Fayetteville, Arkansas, and approving a budget
adjustment.
D. New Business:
1. RZN 13-4334 (2925 Old Missouri/Good Shepherd: An ordinance rezoning that
property described in rezoning petition RZN 13-4334, for approximately 3.8 acres,
located at 2925 Old Missouri Road from RSF-4, Residential Single-Family, 4 units per
acre, to P-1, Institutional.
2. RZN 13-4359 (1851 E. Huntsville Rd./Kum & Go): An ordinance rezoning that
property described in rezoning petition RZN 13-4359, for approximately 1.9 acres,
located at 1851 East Huntsville Road from I-1, General Industrial, to C-1, Neighborhood
Commercial.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. JWC Environmental: An ordinance waiving the requirements of formal competitive
bidding and approving an agreement with JWC Environmental in a current amount of
$21,658.24 for Channel Monster repairs and approving future such repairs as needed at
the Hamestring Sewer Pump Station.
E. City Council Agenda Session Presentations:
1. Economic Development 2nd Quarter Contract Update: Chung Tan and Steve Clark
F. City Council Tours:
1. May 6,2013 5:00 PM
Woolsey Wet Prairie Wetlands and Broyles Farm
G. Announcements:
Adjournment:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait
for the Mayor to request public comment and then come to the podium, give your name, address, and
comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,
Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each
person is only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council
meetings:
Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting
should only be considered if it requires immediate City Council consideration and if the normal agenda
setting process is not practical. The City Council may only place such new item on the City Council
meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to
the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this
presentation period, but may be recalled by an alderman later to answer questions. Staff and
applicants may use electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the audience on all items of old
and new business and subjects of public hearings. No electronic visual aid presentations shall be
allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of
the City Council meeting. Any member of the public shall first state his or her name and address,
followed by a concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City Council or to
the Planning Commission when those Planning Commission minutes have been provided to the
Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any
particular member of the City Council. No person other than the Aldermen and the person having the
floor shall be permitted to enter into any discussions without permission of the Mayor. No questions
shall be directed to an Alderman or city staff member except through the Mayor.
Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections
as to integrity, abusive comments and statements about motives or personalities. Any member of the public
who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking
and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice
is required. For further information or to request an interpreter, please call 575-8330.
A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113
W. Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
B. 1
Amen rs'Market
age 1 of 8
ayeLvl e Departmental CorrespondenceNSAS LEGAL
Kit Williams
City Attorney
Jason B.Kelley
TO: Chairman of the Ordinance Review Committee Alan Long Assistant City Attorney
Council Member Sarah Marsh
Alderman Matthew Petty
Alderman Martin Schoppmeyer
CC: Mayor Lioneld Jordan
Alderman Justin Tennant
Alderman Adella Gray
Alderman Mark Kinion
Alderman Rhonda Adams
FROM: Kit Williams, City Attorney
DATE: May 1, 2013
RE: Farmers' Market Ordinance as amended by Ordinance Review
Committee on April 30, 2013
I want to thank everyone for their long and careful consideration and
discussion of the proposed amendment to the Farmers' Market Ordinance last night
at the Ordinance Review Committee meeting. I have prepared and attached to this
memo what should be the final revisions agreed to last night as well as some minor
clarifications such as referring to the Rural Mountain Producers Exchange as a
"not for profit" rather than a "nonprofit" organization. Of course the major change
agreed to last night was the closure of Block, Mountain and East streets around the
Square (but not Center) and the allocation of the outside parking spaces to the
Rural Mountain Producers Exchange. All of the ordinance language changes
needed to accomplish this are in Section 3.
I also needed to include the closure of the three streets in the title of the
ordinance which is slightly longer now. I added ""available" before "plastic bag"
in section 5 for clarity.
B. 1
Amend§114.02 Farmers'Market
Page 2 of 8
Please review this possibly final revised ordinance and let me know if any
further changes are needed. If I do not hear about needed changes, this will go out
in the final Agenda Packet tomorrow.
'�z
B. ,
Amend amers'Market
Page 3 of 8
ORDINANCE NO.
AN ORDINANCE TO AMEND §114.02 FARMERS' MARKET TO AMEND
THE USE OF PARKING SPACES ON THE SQUARE ON SATURDAYS, TO
CLOSE MOUNTAIN, BLOCK AND EAST STREETS TO VEHICULAR
TRAFFIC, TO PERMIT SOUND AMPLIFICATION DURING FARMERS'
MARKET WITH SPECIAL EVENTS PERMIT AND TO MAKE OTHER
CHANGES
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 amends
§114.02 Farmers' Market (A) Establishment, location and parking restrictions of the
Fayetteville Code by repealing it in its entirety and enacting a replacement (A) as shown below:
"(A) Operation of the Farmers' Market on the Square. The not for
profit Rural Mountain Producers Exchange is authorized to continue to
operate the Farmers' Market on the Fayetteville Square in conformance
with the following conditions. This marketplace shall be located on the
interior parking spaces (those parking spaces adjoining the Old Post
Office) of the Downtown Square. Vendors shall be permitted to park
their vehicles at right angles to street curbs provided that no vehicle
shall be permitted to extend into the street in such a manner as to
obstruct the free flow of traffic, and no vehicle shall be parked within
15 feet of any fire plug. All public sidewalks around the Square shall
remain freely available to the public with the inside two-thirds width of
the sidewalks free from any tables, booths or displays. Farmers'
Market vendors may occupy no more than one-third of the width of the
sidewalk directly in front of their assigned parking space. As long as
pedestrian traffic is not obstructed or hindered, the corners of the
Square's sidewalks and any unoccupied space around the outside third
of the sidewalk can be used during the authorized hours and days of the
Farmers' Market for governmental communications, free speech and
acoustic music purposes. No sound amplification may be used unless
approved by the City through its Special Event Permit Process.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
moves and renames Section 114.02 (C) to (D), moves and renames Subsection (D)
to (E)and repeals Subsection(E) in its entirety.
B. 1
Amend§114.02 Farmers'Market
Page 4 of 8
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts
a replacement subsection(B) as follows:
"(B) Expanded Saturday use of the Square.
(1) Three streets around the Square: East, Mountain and Block shall
be closed to vehicular traffic. The exterior parking spaces for these three
streets around the Square shall be available for vendors and exhibitors
pursuant to subsection (3) below as assigned by the Rural Mountain
Producers' Exchange management by closing these streets and parking
spaces to non-vendor vehicular traffic. Vendors using large commercial
delivery vehicles, such as box tracks, shall either be located on the interior
parking spaces around the Old Post Office Building or outside the
designated market area to maintain storefront visibility. No vendor
parking is allowed on the west side of Block Avenue, except for food
trucks which shall be limited to the southernmost and northernmost
parking spaces.
(2) Pedestrian aisles. To facilitate the flow of pedestrians between
storefront and the streets, midblock pedestrian aisles of at least five
feet in width shall be maintained on both aides of each closed street
(as further shown on Exhibit A which shall remain attached to this
ordinance for future reference, but not codified). On the west side of
East Avenue, the Old Post Office access easement shall be such an
aisle. On the south side of Mountain Street, the opening into the
Town Center Plaza shall be used for the aisle.
(3) Exhibition spaces. A minimum of twenty eight(28) feet on either
side of all three closed streets shall be set aside and managed by the Rural
Mountain Producers Exchange management as exhibition space for
nonprofit entities. The Exchange management shall make available an
online form for the reservation of exhibition space on a first-come, first-
served basis. No vehicles may be parked within exhibit spaces. Unclaimed
exhibition space shall be managed by the Rural Mountain Producers
Exchange management and may be used by store owners for sidewalk
sales, as temporary seating or by market vendors.
(4) Prepared food vendors. Vendors serving prepared food for
consumption at the Farmers' Market shall not be located directly in front of
any restaurant storefront without the written permission of the restaurant
owner.
B. 1
Amend§114.02 Farmers'Market
Page 5 of 8
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby
amends section 114.02 (C) Articles permitted to be sold by adding "and have all
appropriate permits"to the last sentence.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby enacts section
114.02 (H)Dogs on the Square during the Farmers'Market as follows:
(H) Dogs on the Square during Farmers'Market. The presence of properly leashed and
socialized dogs shall be allowed on the Square during Farmers' Market. Each person with as
leashed dog shall have on their person a plastic bag which must be used immediately by the
dog's handler or owner to remove any and all feces from their dog. The available plastic bag
must be immediately shown to any Fayetteville Animal Control Officer or Police Officer when
requested. If a dog damages any vendor's produce or product, the owner or handler shall
immediately pay the full value to the vendor for such damaged produce or product. Any
unprovoked dog that acts aggressively toward other dogs or provokes other dogs, and any dog
that growls or acts aggressively toward any person shall immediately be removed from the entire
Square area by its owner or handler and never returned until properly socialized not to be
aggressive to humans, dogs or other animals. A Fayetteville Animal Control Officer or Police
Officer can order any owner or handler to immediately remove a dog from the Farmers' Market
area if in their opinion the dog is not properly socialized or is otherwise a safety or other type of
problem. Failure to obey such lawful orders or any other violation of any provision of this
subsection can be punished by a fine of up to $250.00.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby enacts section
114.02 (I)Annual Report to City Council as follows:
"(I) Annual report to City Council. The Rural Mountain Producers Exchange shall
present its annual written report and answer questions about the operation and revenues received
and expended in the Rural Mountain Producers Exchange to the City Council during its first
meeting in March of each year. This written report shall include year-to-year changes in gross
revenues and expenditures and the portion of revenue that is used for administrative overhead,
and not actual sales numbers. It shall also provide this same information relative to its operation
on any other City property such as the Botanical Gardens at the Lake Fayetteville Park. This
information will not be combined, but differentiated between the Square and other locations. The
Rural Mountain Producers Exchange shall publish a map of the Square showing the locations of
vendor and nonprofit exhibit spaces and provide for online reservation for nonprofits.
B. 1
Amend§114.02 Farmers'Market
Page 6 of 8
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts section
114.02 (J) Vendor fees as follows:
"(J) Vendor fees. The Rural Mountain Producers Exchange shall not adjust the fees it
charges to vendors except by a vote of its full membership."
PASSED and APPROVED this 7v' day of May, 2013.
APPROVED: ATTEST:
By: BY:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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B. 1
Amend§114.02 Farmers'Market
Page 8 of 8
C. 1
Raze and Removal
320 W.North Street
Page 1 of 2
RESOLUTION NO.
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 ROBERT W. WILKES LOCATED AT 320 W.
NORTH STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, pursuant to the provisions of §§ 95.03 and 173.08 of the Code of
Fayetteville, as authorized by Arkansas Code § 14-56-203, the City Council of the City of
Fayetteville directed the owners of the property located at 320 W. North Street (Washington
County Parcel No. 765-10576-000) to raze and remove forthwith, the dilapidated, unsightly, and
unsafe structure located on the aforementioned real property; and
WHEREAS, Robert W. Wilkes, record owners of the property, failed to raze and remove
the dilapidated, unsightly, and unsafe structure on their property; and
WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinances and
statute, entered upon the property and razed and removed the dilapidated, unsightly, and unsafe
structure; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas is required to
determine the appropriate amount of the lien, and certify this amount to the Tax Collector of
Washington County,Arkansas to be placed upon the tax books as delinquent taxes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1. That, by the authority granted pursuant to Arkansas Code §§ 14-56-203 & 14-
54-901 et seq.; and in accordance with the provision of§ 173.08 of the Code of Fayetteville, the
City Council of the City of Fayetteville, Arkansas hereby determines the appropriate amount of
the lien against the property located at 320 W.North Street(Washington County Parcel No. 765-
10576-000)to be $5,358.60.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby certifies
this amount to the Tax Collector of Washington County, Arkansas so that this amount, plus ten
percent (10%) penalty for collection, be placed on the tax books as delinquent taxes against the
property located at 320 W. North Street(Washington County Parcel No. 765-10576-000).
PASSED and APPROVED this 7t'day of May, 2013.
C. 1
Raze and Removal
320 W.North Street
Page 2 of 2
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
C.z
Raze and Removal
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