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HomeMy WebLinkAbout2011-08-02 - 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 August 2, 2011 A meeting of the Fayetteville City Council will be held on August 2, 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: Agenda Additions: A. Consent: 1. Approval of the July 19, 2011 City Council meeting minutes. APPROVED 2. Bryce Davis Park Property Line Adjustment: A resolution to approve an equal property exchange of about 1,300 square feet with James E. Lindsey along the border of Bryce Davis Park and the Links of Fayetteville, to authorize Mayor Jordan to execute the necessary deed and to approve a lot line adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Federal-Aid Transportation Enhancement Program Grant: A resolution authorizing acceptance of a Federal-Aid Transportation Enhancement Program Grant through the Arkansas State Highway and Transportation Department in the amount of $270,000.00 for the construction of Town Branch Trail, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-11 4. Walker Park Baseball Complex Improvements: A resolution approving a budget adjustment in the amount of $100,000.00 to fund Walker Park Baseball Complex Improvements. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 132-11 5. Maple Street and Lafayette Street Bridge Rehabilitation: A resolution expressing the willingness of the City of Fayetteville to utilize federal-aid funds for the rehabilitation of the Maple Street and Lafayette Street bridges over the Arkansas and Missouri Railroad. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 133-11 6. Bid #10-44 Peterbilt of Fort Smith: A resolution authorizing the purchase of two (2) replacement automated side-load solid waste trucks from Peterbilt of Fort Smith in the amount of$497,318.00 pursuant to Bid#10-44. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 134-11 7. ADM 11-3893 (Master Street Plan Amendment — Shiloh Drive): A resolution to amend the Master Street Plan right-of-way requirement for N. Shiloh Drive from N. Henbest Drive to approximately 640 feet south of the newly aligned Mount Comfort Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 135-11 B. Unfinished Business: None. C. New Business: 1. RZN 11-3870 (2012 W. Martin Luther King Blvd./USA Drug): An ordinance rezoning that property described in rezoning petition RZN 11-3870, for approximately 0.50 acres, located at 2012 West Martin Luther King Boulevard from RMF-24, Residential Multi-Family 24 units per acre to C-1,Neighborhood Commercial. Left on the First Reading. 2. ADM 11-3894 (Zoning Compliance & Business License): An ordinance amending the Unified Development Code of the City of Fayetteville to remove references to certificate of zoning compliance and amend Chapter 161 of the Unified Development Code to address existing nonconforming businesses for the purposes of issuing a business license. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5425 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Replacing Article XV: Tree and Landscape Advisory Committee of Chapter 33: An ordinance repealing Article XV: Tree and Landscape Advisory Committee of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville and enacting a new Article XV: Urban Forestry Advisory Board, defining its membership, and designating its authority. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5426 4. Amend Chapter 167 Tree Preservation and Protection: An ordinance to amend Chapter 167: Tree Preservation and Protection of the Unified Development Code by replacing all references to "Landscape Administrator" with "Urban Forester", allowing increased flexibility for off-site preservation and forestation and for other reasons. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5427 5. Sales and Use Tax Expiring Date: An ordinance providing for the levy of a one percent Sales and Use Tax within the City of Fayetteville, Arkansas; to replace the expiring one percent Sales and Use Tax; providing for an expiration date for such Sales and Use Tax of June 30, 2023 and prescribing other matters pertaining thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5428 6. Special Election One Cent Sales and Use Tax: An ordinance calling a special election in the City of Fayetteville, Arkansas on the question of levying a one percent Sales and Use Tax within the City of Fayetteville, Arkansas to replace the one percent Sales and Use Tax expiring on June 30, 2013; providing for an expiration date for such Sales and Use Tax of June 30, 2023. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5429 7. Special Election: A resolution to approve a budget adjustment in the amount of $20,000.00 to pay for a special election to seek renewal of the City's one cent Sales and Use Tax used for operations and capital expenditures. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 136-11 City Council Tour: Monday, August 1, 2011 at 4:30 p.m. The Council will tour the Parks, Fleet, and Transportation Complex. Announcements: Adjournment: 7:20 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 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 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 City Council Meeting: August 2,2011 Adjourn: Subject: Roll Lewis Gray o� ,!,� Boudreaux Kinion Vol Petty Tennant L/ Ferrell Adams Mayor Jordan V/ Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: August 2,2011 Subject: Consent Motion To: Motion By: Seconded: Lewis P Gray r/ Boudreaux (`R ttvdC2d Kinion f Petty Tennant !/ IFerrell Adams Mayor Jordan 7 Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: August 2, 2011 Subject: RZN 11-3870(2012 W. Martin Luther King Blvd.1USA Drug) Motion To: Motion By: Seconded: C. 1 Lewis New Gray Business Boudreaux Kinion Ptd Petty Tennant Ferrell Adams Mayor Jordan Subject: ADM 11-3894 (Zoning Compliance & Business License) Motion To: o1Vi Motion By: Q Seconded: C 2 Lewis New Gray ✓ ✓ if Business Boudreaux ,/ ✓ ✓ Kinion ✓ �/ Petty aA!a4, P,Uu Tennant we/ ✓ t� '/q v5 Ferrell {� Adams ✓ Mayor Jordan 7-0 ?"O '/ City Council Meeting: August 2, 2011 Subject: Replacing Article XV: Tree and Landscape Advisory Committee of Chapter 33 Motion To: Q r) Motion By: � Seconded: - � C.3 Lewis Vol New Gray / �✓ Business Boudreaux �� e✓ Kinion ✓ g� +✓ P Petty Tennant t. " Ferrell ✓ ,/ 5 V� Adams +✓ ✓ Mayor Jordan Subject: Amend Chapter 167 Tree Preservation and Protection Motion To: Motion By: A Seconded: d C. 4 Lewis / �,/ ✓ New Gray ✓ +. `✓ Business Boudreaux Kinion ✓ �°� Petty /, j gOJA ca — Tennant ✓ Ferrell ✓ e as Adams ✓ Mayor Jordan City Council Meeting: August 2,2011 Subject: Sales and Use Tax Expiring Date Motion To: p Motion By: a�N G Seconded: &1 C. 5 Lewis yO f New Gray ✓ ✓ w-1 Business Boudreaux vo� 3 Kinion ✓ ✓ ✓ Petty t Tennant Ferrell ✓ '` Adams ✓ Mayor Jordan *7 7.® 7 D Subject: Special Election One Cent Sales and Use Tax Motion To: Q Motion By: Seconded: C. 6 Lewis ✓ ✓ t/ New Gray ,/ t/ Business Boudreaux vl" ✓' ✓ ✓ Kinion ✓ ✓ ✓ t✓ Petty .5 eti.. &6,5C4C%o5 Tennant 5� a Ferrell t/ l ` Adams ✓ ✓ Mayor Jordan City Council Meeting: August 2,2011 Subject: Special Election Motion To: Motion By: Secondednt au-4L : i C. 7 Lewis New Gray ✓� Business Boudreaux v' Kinion Petty Tennant Ferrell Adams U/ Mayor Jordan rI-0 Subject: Motion To: Motion By: Seconded: Lewis Gray Boudreaux Kinion Petty Tennant Ferrell Adams Mayor Jordan Tayeevle Departmental Correspondence Aft KANSAS DEPARTMENT Kit Williams TO: Mayor Jordan city Attorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant city Attorney FROM: Kit Williams, City Attorney T --�_ DATE: August 3, 2011 _.-.-- RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 2, 2011 1. Bryce Davis Park Property Line Adjustment: A resolution to approve an equal property exchange of about 1,300 square feet with James E. Lindsey along the border of Bryce Davis Park and The Links of Fayetteville, to authorize Mayor Jordan to execute the necessary deed and to approve a lot line adjustment. 2. Federal-Aid Transportation Enhancement Program Grant: A resolution authorizing acceptance of a Federal-Aid Transportation Enhancement Program Grant through the Arkansas State Highway and Transportation Department in the amount of $270,000.00 for the construction of Town Branch trail, and approving a budget adjustment. 3. Walker Park Baseball Complex Improvements: A resolution approving a budget adjustment in the amount of $100,000.00 to fund Walker Park Baseball Complex improvements. 4. Maple Street and Lafayette Street Bridge Rehabilitation: A resolution expressing the willingness of the City of Fayetteville to utilize Federal-Aid funds for the rehabilitation of the Maple Street and Lafayette Street Bridges over the Arkansas and Missouri Railroad. 5. Bid #10-44 Peterbilt of Fort Smith: A resolution authorizing the purchase of two (2) replacement automated side-load solid waste trucks from Peterbilt of Fort Smith in the amount of$497,318.00 pursuant to Bid 4 10-44. 6. Replacing Article XV: Tree and Landscape Advisory Committee of Chapter 33: An ordinance repealing Article XV: Tree and Landscape Advisory Committee of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville and enacting a new Article XV: Urban Forestry Advisory Board, defining its membership, and designating its authority. 7. Amend Chapter 167 Tree Preservation and Protection: An ordinance to amend Chapter 167: Tree Preservation and Protection of the Unified Development Code by replacing all references to "Landscape Administrator" with "Urban Forester", allowing increased flexibility for off-site preservation and forestation and for other reasons. 8. Sales and Use Tax Expiring Date: An ordinance providing for the levy of a one percent Sales and Use Tax within the City of Fayetteville, Arkansas to replace the expiring one percent Sales and Use Tax; providing for an expiration date for such Sales and Use Tax of June 30, 2023 and prescribing other matters pertaining thereto. 9. Special Election One Center Sales and Use Tax: An ordinance calling a Special Election in the City of Fayetteville, Arkansas on the question of levying a one percent Sales and Use Tax within the City of Fayetteville, Arkansas to replace the one percent Sales and Use Tax expiring on June 30, 2013; providing for an expiration date for such Sales and Use Tax of June 30, 2023. 10. Special Election: A resolution to approve a budget adjustment in the amount of $20,000.00 to pay for a special election to seek renewal of the City's one cent Sales and Use Tax used for Operations and Capital expenditures. 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 August 2, 2011 A meeting of the Fayetteville City Council will be held on August 2, 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: Agenda Additions: A. Consent: 1. Approval of the July 19, 2011 City Council meeting minutes. 2. Bryce Davis Park Property Line Adjustment: A resolution to approve an equal property exchange of about 1,300 square feet with James E. Lindsey along the border of Bryce Davis Park and the Links of Fayetteville, to authorize Mayor Jordan to execute the necessary deed and to approve a lot line adjustment. 3. Federal-Aid Transportation Enhancement Program Grant: A resolution authorizing acceptance of a Federal-Aid Transportation Enhancement Program Grant through the Arkansas State Highway and Transportation Department in the amount of $270,000.00 for the construction of Town Branch Trail, 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 4. Walker Park Baseball Complex Improvements: A resolution approving a budget adjustment in the amount of $100,000.00 to fund Walker Park Baseball Complex Improvements. 5. Maple Street and Lafayette Street Bridge Rehabilitation: A resolution expressing the willingness of the City of Fayetteville to utilize federal-aid funds for the rehabilitation of the Maple Street and Lafayette Street bridges over the Arkansas and Missouri Railroad. 6. Bid #10-44 Peterbilt of Fort Smith: A resolution authorizing the purchase of two (2) replacement automated side-load solid waste trucks from Peterbilt of Fort Smith in the amount of$497,318.00 pursuant to Bid#10-44. 7. ADM 11-3893 (Master Street Plan Amendment — Shiloh Drive): A resolution to amend the Master Street Plan right-of-way requirement for N. Shiloh Drive from N. Henbest Drive to approximately 640 feet south of the newly aligned Mount Comfort Road. B. Unfinished Business: None. C. New Business: 1. RZN 11-3870 (2012 W. Martin Luther Mug Blvd./USA Drug): An ordinance rezoning that property described in rezoning petition RZN 11-3870, for approximately 0.50 acres, located at 2012 West Martin Luther King Boulevard from RMF-24, Residential Multi-Family 24 units per acre to C-1,Neighborhood Commercial. 2. ADM 11-3894 (Zoning Compliance & Business License): An ordinance amending the Unified Development Code of the City of Fayetteville to remove references to certificate of zoning compliance and amend Chapter 161 of the Unified Development Code to address existing nonconforming businesses for the purposes of issuing a business license. 3. Replacing Article XV: Tree and Landscape Advisory Committee of Chapter 33: An ordinance repealing Article XV: Tree and Landscape Advisory Committee of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville and enacting a new Article XV: Urban Forestry Advisory Board, defining its membership, and designating its authority. 4. Amend Chapter 167 Tree Preservation and Protection: An ordinance to amend Chapter 167: Tree Preservation and Protection of the Unified Development Code by replacing all references to "Landscape Administrator" with "Urban Forester", allowing increased flexibility for off-site preservation and forestation and for other reasons. 5. Sales and Use Tax Expiring Date: An ordinance providing for the levy of a one percent Sales and Use Tax within the City of Fayetteville, Arkansas; to replace the expiring one percent Sales and Use Tax; providing for an expiration date for such Sales and Use Tax of June 30, 2023 and prescribing other matters pertaining thereto. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 6. Special Election One Cent Sales and Use Tax: An ordinance calling a special election in the City of Fayetteville, Arkansas on the question of levying a one percent Sales and Use Tax within the City of Fayetteville, Arkansas to replace the one percent Sales and Use Tax expiring on June 30, 2013; providing for an expiration date for such Sales and Use Tax of June 30, 2023. 7. Special Election: A resolution to approve a budget adjustment in the amount of $20,000.00 to pay for a special election to seek renewal of the City's one cent Sales and Use Tax used for operations and capital expenditures. City Council Tour: Monday, August 1, 2011 at 4:30 p.m. The Council will tour the Parks, Fleet, and Transportation Complex. Announcements: Adjournment: 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 cellphones 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 J 1 a City of Fayetteville Staff Review Form C.3 Replace Article XV:Tree and Landscape (��" City Council Agenda Items Pave 1 o committee of Chapter 33 and Contracts, Leases or Agreements l 517-111 4- City Council Meeting Date Agenda Items Only Greg Howe Park Planning/Urban Forestry Parks and Recreation Submitted By Division Department Action Re uired: A resolution approving revisions to Chapter 33 Article XV. N/A N/A N/A Cost of this request Category/Project Budget Program Category/Project Name N/A N/A N/A Account Number Funds Used to Date Program/Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ........�.W.I �IGGsr1rL�LGL°SC 1_..LSC�L Previous Ordinance or Resolution# Depart t Director Date Original Contract Date: Zo_ j Original Contract Number: ity ttorney Date 12 cx— Finance and Internal Services Director Date Received in CiIY 7-1 5-1 1 P03:23 R C V D Clerk's Office Chief f St Date Received in 1�r Mayor's Office .lo QMH � 11 May6r 7 Date FegG A S �b Revised January�15,2009 C.3 Replace Article XV:Tree and Landscape Advisory Committee of Chapter 33 ®qqq Page 2 of 6 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS1111 �11111 in-1 1;jjii�l Iii 111!1111 ml CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director. Alison Jumper, Park Planning Superintendent cvvi CC: Jeremy Pate,Development Services Director From: Greg Howe, Urban Forester Date: July 26, 2010 Subject: Revisions to Chapter 33: Department Boards, Commissions and Authorities Ordinance Article XV: Tree and Landscape Advisory Committee Agenda Request for August 2, 2011 Meeting PROPOSAL: Since establishment of the Tree and Landscape Advisory Committee the City's development codes have undergone substantial changes.The revisions recommended by staff update the committee to meet the current and near future needs concerning urban forestry and the Fire Department's Firewise Community designation requirements. Ordinance revisions include: ® Change the name of the committee from Tree and Landscape Advisory Committee to Urban Forestry Advisory Board ® Establish a Firewise Committee for the Fire Department ® Update the committee's purpose and intent o Update the powers, duties and responsibilities of the committee ® Change the membership categories and reduce the committee from nine to seven members ® Establish additional officers and procedures If the proposed ordinance amendments to Chapter 33 are passed prior to the proposed amendments to Chapter 167: Tree Preservation and Protection,additional minor changes to Chapter 167 will need to be made to update the new name of the board in all places referenced. RECOMMENDATION: Staff recommends approval of the Chapter 33, Article XV revisions. BIJllGET IMPACT: This ordinance revision will have no impact on the City's budget. Attachments: Staff Review Form Proposed Chapter 33 Article XV revisions Telecommunications Device for the Deaf TDD(479)521-1316 113 Nest Mountain-Fayetteville,AR 72701 C.3 Replace Article XV:Tree and Landscape Advisory Committee of Chapter 33 Page 3 of 6 ORDINANCE NO. AN ORDINANCE REPEALING ARTICLE XV: TREE AND LANDSCAPE ADVISORY COMMITTEE OF CHAPTER 33: DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CODE OF FAYETTEVILLE AND ENACTING A NEW ARTICLE XV: URBAN FORESTRY ADVISORY BOARD, DEFINING ITS MEMBERSHIP, AND DESIGNATING ITS AUTHORITY 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 repeals Article XV: Tree and Landscape Advisory Committee of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville, and enacts a new Article XV: Urban Forestry Advisory Board of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville as shown in Exhibit'W', which is incorporated herein as if set out word for word. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.3 Replace Article XV:Tree and Landscape Advisory Committee of Chapter 33 Page 4 of 6 ARTICLE XV business. Said rules shall be consistent with the URBAN FORESTRY ADVISORY BOARD provisions of the Arkansas Freedom of Information Act,A.C.A.§25-19-101 at seq. 33.280 Purposes and Definitions (2) Advise the Mayor, City Council, and the Council of tIt t the purpose and intent of the City director(s) of the department(s) managing scope of the former Tree and Landscape Advisory Cohe City of Fayetteville redefine the the urban forestry program on issues related Committee as the new Urban Forestry Advisory Board to urban forestry and arboriculture. to advise the City Council on urban forestry and (3) Organize and administer an ongoing arboricultural related issues as an integral part of the program of public education designed to City's green infrastructure. increase public awareness of urban forestry (B) It is also the purpose and intent of the City and arboriculture. Council of the City of Fayetteville to have the Urban (4) Advise the Urban Forester on all city tree Forestry Advisory Board sit as the Wildland-Urban planting projects on city rights-of-way and/or Interface: Firewise Advisory Board to advise the City medians. Council on wildland and urban development related issues as an integral part of the City's fire protection (5) Review and recommend revisions to the program and green infrastructure. Unified Development Code Chapter 167 (C) For the purposes of this Article, the following Urban Forestry Technical Manual at least definitions shall apply unless the context clearly once every three(3)years to reflect changes indicates or requires a different meaning: in chapter 167, city polices or arboricultural and horticultural practices with a focus on Arboriculture. The art, science and technology of improvements in plant science, arboricultural practices, technology, construction methods cultivating and maintaining trees, shrubs and other woody plants. and long range planning. Firewise. The process of making a structure, (6) Plan and administer an annual Arbor Day developed parcel, subdivision or community within or celebration. on the edge of the wildland-urban interface less at risk (7) Advise the Urban Forester on expenditures for wildfire. from the Tree Escrow Funds. Urban Forestry. The art, science and technology of (g) Develop and administer a recognition sustained planning and managing trees, greenspaces program for individuals, businesses, and forest resources in and around urban community institutions or non-profits who have ecosystems for the physiological, sociological, demonstrated exceptional efforts in tree economic, and aesthetic benefits trees provide society. preservation, protection and/or tree planting. Wildland-Urban Interface. The line, area, or zone (9) Have authority to create an action plan to where structures and other human development meet accomplish the objectives of the board. or intermingle with undeveloped wildland or (10)Have authority to establish committees of the vegetative fuel. board which shall be chaired by a member of the board, but which may consist of non- board members who are citizens of the City 33.281 Establishment or owners or managers of a business located There is hereby created a board to be known as the in the City. Urban Forestry Advisory Board which shall also sit as the Wildland-Urban Interface: Firewise Advisory (B) The board sitting as the Wildland-Urban Board. Said board shall be a continuation and Interface: Firewise Advisory Board shall: renaming of the previously existing Tree and Landscape Advisory Committee. (1) Advise the Mayor, City Council, and the director(s) of the department(s) involved in managing the Firewise Community program 33.282 Powers and Duties on issues related to fire-safe building (A) The board shall: practices, wildland fire management, and urban development related issues. (1) Adopt rules to govern the conduct of its EXHIBIT C.3 Replace Article XV:Tree and Landscape Advisory Committee of Chapter 33 Page 5 of 6 (2) Assist the Fire Department with an ongoing 33.284 Officers program of public education designed to At the first regularly scheduled meeting after the increase public awareness of Firewise effective date of this Article,the board shall elect from practices. among its members a chairperson and vice- chairperson, who shall each serve a term of one (1) (3) Plan and administer an annual Firewise year. Further, the board may elect such additional Project. officers as it deems necessary for the proper (4) Plan and administer an annual Firewise Day. performance of its duties. 33.285 Meetings 33.283 Composition and Terms The Urban Forestry Advisory Board shall meet at (A) The board shall consist of seven (7) members least once each month and may call special meetings who shall be appointed by the City Council. if necessary to carry out its duties. The Urban Forestry Advisory Board sitting as the Wildland-Urban (1) One (1) position shall be filled by a Interface: Firewise Advisory Board shall meet at least - representative from the land development twice each year. Special meetings may be called as community;one(1)position shall be filled by needed to carry out the board's duties. A majority of a representative of the tree service the voting membership of the board shall constitute a community; one(1) position shall be filled by quorum. a representative from the University of Arkansas with knowledge of urban forestry or arboriculture practices; and four (4) positions shall be filled by citizens of the City at large with an interest in urban forestry or arboriculture (2) In the event no application for a position as a representative from a specified discipline is received, the position may be filled by any citizen of the City. (3) Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term at the next Council nominating process after the vacancy shall have occurred. (4) Members of the former Tree and Landscape Advisory Committee serving at the time of the adoption of this Article shall continue to serve their respective terms as members of the Urban Forestry Advisory Board.Terms of membership on the board shall be for a period of two (2) years with staggered terms carried over from the former Tree and Landscape Advisory Committee. '.. (5) The Mayor may designate city staff to assist the board in the conduct of its business. (B) Attendance requirements. Anymember of the Urban Forestry Advisory Board who fails to attend at least seventy percent '.. (70%) of all meetings of the board in a twelve (12) month period, without having their absence excused by the board, shall have been deemed to have vacated their position. Said vacant position shall be filled pursuant to subsection (A)(3) C.3 Replace Article XV:Tree and Landscape Advisory Committee of Chapter 33 Page 6 of 6 �-z ' P/Lf �/I vc¢�l;(�rti f✓f Cee l !^� c.a Amend Chapter 167Tree Pr Preservation and Protection Page 1 of 2 REVISED EXHIBIT "B" quadrant in which the development 167.04 Tree Preservation and took place, or pursuant to J (2) and Protection During Development (3). Data extracted from the Urban Forest Analysis should be e uest for off-site alternatives consulted when identifying J Request q appropriate locations to plant escrow funded trees. (4) Tree escrow account. Tree preservation on-site is always the preferred option, with on-site mitigation, off-site preservation and off- site forestation to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements. This amount fairly represents the costs of material and labor to plant and maintain a tree for three years. This figure should be adjusted at least every four-years to ensure it remains the fair market costs for tree planting and maintenance for three years. a) Residential Subdivisions which cannot achieve the Base Density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The City shall use the money paid into the Tree Escrow Account to plant trees within the subdivision along rights-of-ways, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the subdivision is built out or as approved by the urban forester. (d) If it is not possible to plant trees within the subdivision, planting locations will be sought in appropriate sites within a one (1) mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park C.4 Amend Chapter 167 Tree Preservation and Protection Page 2 of 2 C.5 Sales and Use Tax Expiring Date Page 1 of 6 Tayelteville• ARKANSAS Sales Tax Referendum C.5 Sales and Use Tax Expiring Date Page 2 of 6 City of Fayetteville, Arkansas 2011 General Fund (Sources/Uses of Funds) Budgeted % of 2011 Total Revenues: Property Taxes $ 1,501,000 4.5% Sales Tax - County 10,300,000 30.8% Sales Tax - City 9,223,400 27.6% Alcoholic Beverage Taxes 467,600 1.4% Franchise Fees 4,649,100 13.9% Licenses & Permits 652,100 2.0% Intergovernmental 2,120,000 6.3% Charges for Services 1,356,600 4.1% Fines & Forfeitures 1,679,700 5.0% Interest Earnings 120,000 0.4% Other 367,000 1.1% Transfer from Sales Tax Capital 1,000,000 3.0% Total Revenues 33,436,500 100.0% C.5 Sales and Use Tax Expiring Date Page 3 of 6 2011 Adopted General Fund Budget: Budget by Category (% of Total) Budget by Category Adopted Adopted Adopted Adopted Adopted 2007 200811 • 2010 2011 Personnel Services 82.5% 83.0% 82.6% 84.4% 82.2% Materials and Supplies 3.1% 2.9% 3.4% 3.0% 3.2% Services and Charges 8.0% 8.3% 7.7% 7.6% 7.6% Motorpool Charges 2.7% 2.3% 2.5% 1.1 % 2.5% Cost allocation -6.4% -6.4% -6.4% -6.7% -6.8% Maintenance 2.4% 2.6% 2.8% 3.0% 2.9% Debt Service 0.0% 0.00/0 0.0% 0.0% 0.0% Trans To Outside Entities 7.0% 6.6% 6.7% 6.9% 7.6% Capital 0.1% 0.0% 0.0% 0.0% 0.0% Miscellaneous 0.0% 0.0% 0.0% 0.0% 0.0% Contingency/Savings 0.0% 0.00/0 0.0% 0.0% 0.1% Operating Transfers 0.6% 0.7% 0.7% 0.7% 0.7% 100.0% 100.0% 100.0% 100.0% 100.0% C.5 Sales and Use Tax Expiring Date Page 4 of 6 General Fund Budget Expense Reduction Required if Spread Equally Across Categories Adopted Percentage Amount New Budget by Category 2011 Reduced Reduced Total Personnel Services $27,858,210 27.20% $7,582,813 $20,275,397 Materials and Supplies 1 ,086,745 27.20% $295,804 $790,941 Services and Charges 2,559,843 27.20% $696,772 $1 ,863,071 Motorpool Charges 844,729 27.20% $229,929 $614,800 Cost allocation (2,310,990) 27.20% ($629,036) ($1 ,681 ,954) Maintenance 985,167 27.20% $268,156 $717,011 Debt Service Trans To Outside Entities 2,565,696 27.20% $698,365 $1 ,867,331 Capital 13,100 27.20% $3,566 $9,534 Miscellaneous Contingency/Savings 50,000 27.20% $13,610 $36,390 Operating Transfers 233,000 27.20% $63,421 $169,579 $33,885,500 $9,223,399 $24,662,101 C.5 Sales and Use Tax Expiring Date Page 5 of 6 2011 Adopted General Fund Budget: Budget by Activity and Associated FTE's Budget by . rTotal 2010 2011 Police $12,166,960 35.4% $ 12,169,707 36.0% 163.50 Fire 8,511,370 24.8% 8,522,806 25.2% 111.50 Finance& Internal Services 4,552,648 13.2% 4,409,956 13.0% 48.75 Community Planning&Engineering 3,520,872 10.2% 3,501,403 10.3% 59.95 General Government 2,893,105 8.4% 2,845,241 8.4% 41.50 Parks &Recreation 1,924,450 5.6% 1,739,120 5.1% 28.00 Fayettevi Ile Public Library 1,608,829 4.7% 1,610,759 4.8% 0.00 Utilities and Parking 619,260 1.8% 419,614 1.2% 2.00 Cost Reimbursement (2,304,002) -6.7% (2,304,002) -6.8% Miscellaneous: TumoverAllowance /SalaryContingency (171,700) -0.5% (226,200) -0.7% Materials / Maintenance/Capital 50,400 0.1% 50,400 0.1% Services &Charges 172,521 0.5% 172,059 0.5% Professional Services 85,000 0.2% - 0.0% Outside Agencies 489,950 1.4% 667,700 2.0% Transfer toCEMS 270,000 0.8% 270,000 0.8% NWA Regional Planning 36,937 0.1% 36,937 0.1% 933,108 2.6% 970,896 2.8% Total $34,426,600 100.0% $ 33 885,500 100.0% 455.20 *Transferred between Parks Development and General Funds. C.6 Sales and Use Tax Expiring Date Page 6 of 6