HomeMy WebLinkAbout2012-05-01 - 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
May 1, 2012
A meeting of the Fayetteville City Council will be held on May 1, 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:
1. Municipal Clerk's Week Proclamation
City Council Meeting Presentations, Reports and Discussion Items:
1. 1st Quarter Financial Report 2012
Agenda Additions:
A. Consent:
1. Approval of April 3, 2012 & April 17, 2012 City Council meeting minutes. APPROVED
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. McClelland Consulting Engineers, Inc. Task Order No. 8: A resolution to approve
Task Order No. 8 with McClelland Consulting Engineers, Inc. in the amount of
$18,000.00 for plans, bidding service, and construction administration of the Airfield
Pavement Rehabilitation and Striping Phase II Project and to approve a budget
adjustment of$18,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-12
3. David and Susan Druding Settlement Agreement: A resolution approving a
settlement agreement with David and Susan Druding, concerning condemnation litigation
filed as part of the Cato Springs Road Improvement Project, in the total amount of
$15,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-12
4. Bid #12-25 Goodwin & Goodwin, Inc.: A resolution to approve a contract for
relocation of water and sewer mains along Garland Avenue with the low bidder,
Goodwin & Goodwin, Inc. in the amount of$1,575,497.00 with a project contingency of
$78,775.00 and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-12
B. Unfinished Business:
1. Amend §34.27 Sale of Municipally Owned Real Property: An ordinance to repeal §34.27
of the Code of Fayetteville and to enact a replacement §34.27 Sale of Municipally Owned
Real Property of the Code of Fayetteville. This ordinance was left on the Second Reading
at the April 17, 2012 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5497
C. Public Hearing:
1. Dryve, Inc.: A resolution to approve the application of Dryve, Inc. for a certificate of
public convenience and necessity to operate a limousine service.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-12
D. New Business:
1. Sourcegas Arkansas Inc.: A resolution authorizing transfer of a natural gas easement
on city property adjacent to Highway 16 to Sourcegas Arkansas Inc. as part of the
Highway 16 Improvement Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-12
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. Fayetteville Police Department Policies: A resolution approving Fayetteville Police
Department Policies 1.2.1 Limits of Authority, 1.3.1 Use of Force, 12.1.1 Direction,
12.2.1 Policies, Procedures and Rules Development and Review Procedures, 26.1.2
Harassment and Discrimination in the Workplace, 41.1.1 Patrol, 42.1.1 Criminal
Investigations, 41.2.11 Use of Department Vehicles, 44.1.1 Juvenile Operations, 61.1
Traffic Enforcement, 6.1.11 DWI, DUI, and 61.3 Traffic Direction and Control.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-12
THIS ITEM MOVED TO NEW BUSINESS DA
3. Street Name Change—Stadium Drive: A resolution to change the name of a portion of
South Garland Avenue and all of Paris Avenue to Stadium Drive.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-12
4. Street Name Change — Bulldog Boulevard: A resolution to change the name of
portions of Stone Street and Clinton Drive to Bulldog Boulevard.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-12
THIS ITEM MOVED TO NEW BUSINESS D.2
5. Repeal & Replace §178.04 Outdoor Mobile Vendors: An ordinance repealing and
replacing §178.04 Outdoor Mobile Vendors Located on Private Property of the Code of
Fayetteville to provide for a variance procedure.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5498
City Council Tour:
Announcements:
Adjournment: 7:30 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: May 1,2012
/ r ' !30 RAI,
Subject: b
Motion To: LL
Motion By:
Seconded:
dl,p. Boudreaux ✓
2uli5-
j Kinion ✓
,it &;03 Petty e/
P-M
Tennant
Ferrell �
at k.'01 Adams �✓
p,m° Lewis ✓
Gray
Mayor Jordan ✓p
Subject:
Motion To:
Motion By:
Seconded:
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Mayor Jordan
City Council Meeting: May 1,2012
Subject: Consent
Motion To:
OR rcdc-
Motion By:
Seconded: G
Boudreaux V�'
Kinion ✓
Petty
Tennant
P�yQ Ferrell
Adams r/
Lewis
Gray
2 Mayor Jordan
8-0
Subject:
Motion To:
Motion By:
Seconded:
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Mayor Jordan
City Council Meeting: May 1,2012
Subject: Amend §34.27 Sale of Municipally Owned Real Property
Motion To: �¢J /p� c ;MAO.'
Motion By: yy�ji S
Seconded: JIRAAI%S
B. 1 Boudreaux
Unfinished Kinion ✓ �/
Business Petty ✓ 1/
Tennant ✓ r/
lei Ferrell A
Adams ✓ V/
Lewis r/ A/
Gray '✓ N
Mayor Jordan
Wv
Subject:
Motion To:
Motion By:
Seconded:
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Mayor Jordan
City Council Meeting: May 1,2012
Subject: Dryve, Inc
Ufs ga tF
Motion To:
Motion By:
Seconded:
C. 1 Boudreaux
Public Kinion / ✓
Hearing Petty ✓
Tennant
Ferrell
Adams
P Lewis ✓ a/
Gray ✓ p" ,
Q I z Mayor Jordan
o ?! -D
Subject:
Motion To:
Motion By:
Seconded:
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Mayor Jordan
City Council Meeting: May 1,2012
Subject: Source as Arkansas Inc
Motion To:
Motion By:
Seconded:
D. 1 Boudreaux l/
New Kinion
Business Petty
Tennant
Ferrell ✓
PAdams r�
Lewis
Gray
U Q•l L Mayor Jordan
8-0
Subject: Fayetteville Police Department Policies
Motion To:
Motion By:
Seconded: ;;n
D 2 Boudreaux
New Kinion v�
Petty CQu'r°
Business �'
4-v Tennant t® �.
//8 It Ferrell 4
D' y Adams
Lewis g
o"� l Gray
Mayor Jordan ry
City Council Meeting: May 1, 2012
Subject: am- -149
Motion To: •fit c 2l �� f
Motion By:
Seconded:
Boudreaux
Kinion
Petty
Tennant {�
P-- Ferrell
Adams
Lewis t
Gray
Mayor Jordan
V-0
Subject:
Motion To:
Motion By:
Seconded:
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Mayor Jordan
City Council Meeting: May 1,2012
Subject: Street Name Change—Stadium Drive
Motion To:
Motion By:
Seconded:
D. 3 Boudreaux f
New Kinion ✓
Business Petty
Tennant ✓
F" Ferrell
Adams
(� Lewis r/
Gray f�
Mayor Jordan
0
Subject: Street Name Change—Bulldog Boulevard
Motion To:
Motion By:
Seconded:
D. 4 Boudreaux f
New Kinion
Business Petty
M '0 Tennant
Iq 6 4� a Ferrell
D' A , Adams l,,r
Lewis
f/^I-raj Gray a�
Mayor Jordan
�'d
City Council Meeting: May 1,2012
Subject: Repeal & Replace §178.04 Outdoor Mobile Vendors
Motion To:
Motion By: /
Seconded: e
D. 5 Boudreaux
New Kinion LIZ
Business Petty ✓ t.�
Tennant
Ferrell i,,�' Wo
Adams ✓ �s
Lewis r/
Gray ✓� N°'�
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Boudreaux
Kinion
Petty
Tennant
Ferrell
Adams
Lewis
Gray
Mayor Jordan
T •
aye evl a Departmental Correspondence
ASk LEGAL
maccessfayetteville.org DEPARTMENT
Kit Williams
City Attorney
TO: Mayor Jordan Jason B.Kelley
Assistant City Attorney
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorne --/
DATE: May 2, 2012
RE: Resolutions Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of May 1, 2012
1. McClelland Consulting Engineers, Inc. Task Order No. 8: A resolution
to approve task Order No. 8 with McClelland Consulting Engineers, Inc. in the
amount of$18,000.00 for plans, bidding service and construction administration of
the Airfield Pavement Rehabilitation and Striping Phase II Project and to approve a
budget adjustment of$18,000.00.
2. Druding Settlement Agreement: A resolution approving a Settlement
Agreement with David and Susan Druding, concerning condemnation litigation
filed as part of the Cato Springs Road Improvement Project, in the total amount of
$15,000.00.
3. Bid #12-25 Goodwin & Goodwin, Inc.: A resolution to approve a contract
for relocation of water and sewer mains along Garland Avenue with the low
bidder, Goodwin & Goodwin, Inc. in the amount of 41,575,497.00 with a project
contingency of$78,775.00 and to approve a budget adjustment.
4. Amend §34.27 Sale of Municipally Owned Real Property: An ordinance
to repeal §34.27 of the Code of Fayetteville and to enact a replacement §34.27 Sale
of Municipally Owned Read Property of the Code of Fayetteville.
5. Dryve, Inc.: A resolution to approve the application of Dryve, Inc. for a
Certificate of Public Convenience and Necessity to operate a limousine service.
6. SourceGas Arkansas Inc.: A resolution authorizing transfer of a natural
gas easement on City Property adjacent to Highway 16 to SourceGas Arkansas,
Inc. as part of the Highway 16 Improvement Project.
7. Fayetteville Police Department Policies: A resolution authorizing
Fayetteville Police Department Policies 1.2.1 Limits of Authority, 1.3.1 Use of
Force, 12.1.1 Direction, 12.2.1 Policies, Procedures and Rules Development and
Review Procedures, 26.1.2 Harassment and Discrimination in the Workplace,
41.1.1 Patrol, 42.1.1 Criminal Investigations, 41.2.11 Use of Department Vehicles,
44.1.1 Juvenile Operations, 61.1 Traffic Enforcement, 6.1.11 DWI, DUI, and 61.3
Traffic Direction and Control.
8. Street Name Change — Stadium Drive: A resolution to change the name
of a portion of South Garland Avenue and all of Paris Avenue to Stadium Drive.
9. Street Name Change — Bulldog Boulevard: A resolution to change the
name of portions of Stone Street and Clinton Drive to Bulldog Boulevard.
10. Repeal & Replace §178.04 Outdoor Mobile Vendors: An ordinance
repealing and replacing §178.04 Outdoor Mobile Vendors Located on Private
Property of the Code of Fayetteville to provide for a variance procedure.
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
May 1, 2012
A meeting of the Fayetteville City Council will be held on May 1, 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:
1. Municipal Clerk's Week Proclamation
City Council Meeting Presentations, Reports and Discussion Items:
1. 1st Quarter Financial Report 2012
Agenda Additions:
A. Consent:
1. Approval of the April 3, 2012 and April 17, 2012 City Council meeting minutes.
2. McClelland Consulting Engineers, Inc. Task Order No. 8: A resolution to approve
Task Order No. 8 with McClelland Consulting Engineers, Inc. in the amount of
$18,000.00 for plans, bidding service, and construction administration of the Airfield
Pavement Rehabilitation and Striping Phase 11 Project and to approve a budget
adjustment of$18,000.00.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. David and Susan Druding Settlement Agreement: A resolution approving a
settlement agreement with David and Susan Druding, concerning condemnation litigation
filed as part of the Cato Springs Road Improvement Project, in the total amount of
$15,000.00.
4. Bid #12-25 Goodwin & Goodwin, Inc.: A resolution to approve a contract for
relocation of water and sewer mains along Garland Avenue with the low bidder,
Goodwin & Goodwin, Inc. in the amount of$1,575,497.00 with a project contingency of
$78,775.00 and to approve a budget adjustment.
B. Unfinished Business:
1. Amend §34.27 Sale of Municipally Owned Real Property: An ordinance to repeal
§34.27 of the Code of Fayetteville and to enact a replacement §34.27 Sale of Municipally
Owned Real Property of the Code of Fayetteville. This ordinance was left on the
Second Reading at the April 17, 2012 City Council meeting.
Left on the Second Reading
C. Public Hearing:
1. Dryve, Inc.: A resolution to approve the application of Dryve, Inc. for a certificate of
public convenience and necessity to operate a limousine service.
D. New Business:
1. Sourcegas Arkansas Inc.: A resolution authorizing transfer of a natural gas easement
on city property adjacent to Highway 16 to Sourcegas Arkansas Inc. as part of the
Highway 16 Improvement Project.
2. Fayetteville Police Department Policies: A resolution approving Fayetteville Police
Department Policies 1.2.1 Limits of Authority, 1.3.1 Use of Force, 12.1.1 Direction,
12.2.1 Policies, Procedures and Rules Development and Review Procedures, 26.1.2
Harassment and Discrimination in the Workplace, 41.1.1 Patrol, 42.1.1 Criminal
Investigations, 41.2.11 Use of Department Vehicles, 44.1.1 Juvenile Operations, 61.1
Traffic Enforcement, 6.1.11 DWI, DUI, and 61.3 Traffic Direction and Control.
3. Street Name Change—Stadium Drive: A resolution to change the name of a portion of
South Garland Avenue and all of Paris Avenue to Stadium Drive.
4. Street Name Change — Bulldog Boulevard: A resolution to change the name of
portions of Stone Street and Clinton Drive to Bulldog Boulevard.
5. Repeal & Replace §178.04 Outdoor Mobile Vendors: An ordinance repealing and
replacing §178.04 Outdoor Mobile Vendors Located on Private Property of the Code of
Fayetteville to provide for a variance procedure.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Tour:
Announcements:
Adjournment:
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 of Fayetteville,Arkansas
Budget Adjustment Form A.4 V11.0310
Bid#12-25 Goodwin&Goodwin, Inc.
—ka-91 ot 2
1-61 ment Number
Budget Year Division: Utilities Director Request Date just
2012 Department: Utilities Director 4/12/2012
BUDGET ADJUSTMENT DES—CRIPTION/JUSTIFICATION
Contract for Garland Avenue Water&Sewer Improvements will be awarded to Goodwin& Goodwin
with a bid of$1,675,497.00 '-tdmrn�� I A
le,
AHTD will reimburse the City$101,990.00 upon completion of the project.
2--3 kp-I Z_ Prepared BY:
D Divisi Hea Date ehutchens
visl Hea
rector
t
Reference:
t rector Date Budget& Research Use Only
Z-3 kft(?_ Type: A B C E P
De art nt Dir ctor Date
cx- Lt -23- Xo12 General Ledger Date 6/7/2011
F4 WncebArector Date Posted to General Ledger
f
ief taf I Date _-Mitia-1 —Date
or Checked Verified knIflal —Date
TOTAL BUDGET ADJUSTMENT 101,990 101,990
Increase (Decrease) Project.Sub
Account Name Account Number Expense Revenue Number
Federal Grants-Capital 5400.0940.4309.00 101,990 06035 2250
5961
Contract services 5400.5600.5-34&.00 101,990 06035 2250
5909
**ADD**Contract services— 5400.5640.5316 00 827,136 06035 2250
5815
**ADD**Contract services 5400.5740.434,6-00 827,136 06035 2250
Sewer improvements 5400.5740.5815.00 0,654,272) 09018 0902
J:\EXCEL\GarIand\Water Sewer\BA WS Relo Garland reVised 04232012.xis 1 of 2
A.4
Bid#12-25 Goodwin&Goodwin, Inc.
Page 2 of 2
D.3
Street Name Change—Stadium Drive
Page 1 of 2
UNIVERSITY OF
IPARKANSAS RECF IV ED
N Facilities Management
Cl MAOF
YOR'S OFFICE I E
April 20,2012
Mayor Lioneld Jordan
City of Fayetteville
113 W. Mountain St.
Fayetteville,AR 72701
Dear Mayor Jordan and City Council,
The renaming of South Garland Avenue from Stone Street to Martin Luther King Jr.
Boulevard and Paris Avenue south of Martin Luther King Jr.Boulevard to Stadium Drive is
consistent with the University of Arkansas's plans to connect the existing southern terminus
of Stadium Drive to the section proposed for renaming. The University owns most of the
property along Virginia Avenue and plans to purchase all of the properties that would make
this connection. When this happens,we will ask that Virginia Avenue also be renamed
Stadium Drive,making Stadium Drive a continuous street from Maple Street to south of
Martin Luther King Jr. Boulevard.
Thank you for your consideration.
Sincerely,
!l 11
Mike Jo
Associate Vice Chancellor for Facilities
cc: Chancellor G. David Gearhart
Dr.Don Pederson
Mr. Don Marr
Mr. Jeremy Pate
Mr. Jay Huneycutt
B 125 Facilities Management•Fayetteville,AR 72701 •479-575-3851 .fama.uark.edu
The University ofArkausas u ml equal opporn atlty/affirmalive action inslilufion.
D.3
Street Name Change—Stadium Drive
Page 2 of 2
D.5
Repeal&Replace§178.04
ALDERMAN AGENDA REQUEST FORM Outdoor Mobile Vendors
Page 1 of 6
2012
FOR: COUNCIL MEETING OF Aprii-24,-M2
FROM: Mark Kinion
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
ADM 12-4413: (Outdoor Mobile Vendor Ordinance):
An ordinance to amend Ch. 178 Outdoor Vendors
APPROVED FOR AGENDA:
Coun 1 Mqffibcr Mark Kini n Date
Ordin e Prepared by:
t Williams Date
City Attorney
Packet Prepared by:
=AW
Jerem Pate Date
Director of Development Services
04-23-12P03:28 RCVD
D.5
Repeal&Replace§178.04
a et-1le outdoor Mobile Vendors
TTNT e2of6
YTHE CITY OF FAYETTEVILce ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Directo
From: Leif Olson, Planner
Date: April 18, 2011
Subject: ADM 12-4413 Oudoor Mobile Vendor Ordinance Amendments
RECOMMENDATION
(-78
Staff recommends approval of an ordinance amending Chapter i-68: Outdoor Vendors of the Unified
Development Code by adopting a new section permitting outdoor mobile vendors on private property to request
a variance from the Planning Commission to operate in the same location for up to one year.
BACKGROUND
The Outdoor Mobile Vendor ordinance was first adopted by the City Council in 2008 to replace the transient
merchant license ordinance that previously existed. Alderman Petty, City Staff and stakeholders in the mobile
vendor community met in December of 2011 to discuss the limitations of the current ordinance that only
permits vendors to stay in one location for a maximum of 90 days. The vendors discussed the difficulty they
experience with attempting to plan for their business activity under such a limited time frame. Currently, after
their 90 day permit expires they are required to get a new approval and move to a new location. Planning Staff
has processed a few outdoor mobile vendors as temporary uses permitted under Use Unit 2: City-wide Uses by
Conditional Use through a Conditional Use Permit process at the Planning Commission for a longer time period
than 90 days, which was the intent of the ordinance amendment in 2010. However, the City Attorney recently
recommended that this Conditional Use Permit process is not the appropriate process and that more specific
language should be codified into the Outdoor Mobile Vendor chapter of the Unified Development Code.
BUDGETIMPACT
None.
D.5
Repeal&Replace§178.04
Outdoor Mobile Vendors
Page 3 of 6
ORDINANCE NO.
AN ORDINANCE REPEALING AND REPLACING § 178.04 OUTDOOR
MOBILE VENDORS LOCATED ON PRIVATE PROPERTY OF THE
CODE OF FAYETTEVILLE TO PROVIDE FOR A VARIANCE PROCEDURE
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
§178.04 Outdoor Mobile Vendors Located on Private Property of the Code of Fayetteville, and
enacts a replacement §178.04 Outdoor Mobile Vendors Located on Private Property, as
presented in the attached Exhibit "A", which is incorporated herein as if set out word for word.
PASSED and APPROVED this lst day of May, 2012.
a
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
D.5
Repeal&Replace§178.04
TITLE XV UNIFIED DEVELOPMENT CODE Outdoor Mobile Vendors
Page 4 of 6
that the transient merchant
178.04 Outdoor Mobile Vendors business is permitted to operate on
Located On Private Property the subject property.
(A) Purpose. This section's purpose is to (3) The permit issued shall not be
facilitate and control the ability of outdoor transferable in any manner.
vendors to temporarily operate on private (4) The permit is valid for one mobile
property while ensuring such use is
compatible with and not detrimental to vendor location only.
nearby properties, does not adversely affect (5) The proposed use must be a permitted
nearby businesses, fosters an aesthetically
appealing streetscape, and does not create use-by-right within the underlying zoning
or worsen a dangerous traffic condition. district in order to be permitted.
(B) Requirements. Outdoor Mobile Vendors (6) An Outdoor Mobile Vendor .business
located on private property shall meet the may be approved by the Planning
following requirements and submittals prior Division after making the following
to approval: determinations:
(1) Permit Application. Each application for (a) All of the requirements of
a permit to conduct an Outdoor Mobile 178.04(B)(2)have been met.
Vendor business shall be accompanied
by a $50 permit review and processing (b) The applicant has established that
fee. the operation of the outdoor mobile
vendor will be compatible with and
(2) Application for a permit to conduct an not detrimental to nearby
Outdoor Mobile Vendor business shall properties, will not adversely affect
include the following items in a format nearby businesses, will foster an
acceptable to the Zoning and aesthetically appealing streetscape
Development Administrator: and will not create or worsen a
dangerous traffic condition.
(a) Name, address and contact (7) Outdoor mobile vendors are allowed on
information. a temporary basis (90 days), by nature
(b) Type of items sold or services of their temporary occupancy, in one
rendered. A change in product or location over a one-year (twelve month)
service will require a new permit to timeframe. Outdoor mobile vendors
be issued. may move to a different location at least
one half mile from the original location
(c) A valid copy of all necessary after this 90-day period has expired.
permits required by State and However, a new Outdoor Mobile Vendor
County health authorities. Application will have to be reviewed and
approved by the Planning Division for a
(d) Proof of application for remittance new location.
of HMR tax to the City of (8) Outdoor mobile vendors shall be in
Fayetteville. compliance with parking lot
(e) Means to be used in conducting requirements for any existing and the
business including but not limited to proposed business. The number of
a description of any mobile device required parking spaces is determined
to be used for transport or to by the use and size of the proposed
display approved items or services. transient merchant business, and by the
use and size of the existing business.
(f) A detailed site plan and written Parking spaces on the property where
description illustrating the type, the outdoor mobile vendor is located
location, and dimensions of the shall be paved and striped in order to be
mobile vendor business including utilized. The use of parking for an out
parking. door mobile vendor may not reduce the
number of spaces necessary for other
(g) Written authorization, signed by the uses occurring on the property. An
property owner or legal adequate number of parking spaces for
representative of record, stating the existing businesses and the outdoor
F.�C�IIBIT' `t
CD178:1
D.5
Repeal&Replace§178.04
TITLE XV UNIFIED DEVELOPMENT CODE Outdoor Mobile Vendors
Page 5 of 6
mobile vendor must be provided onsite.
The location of the outdoor mobile
vendor shall not impede traffic flow or
create a dangerous traffic condition, as
determined by Planning Division upon
review of the site plan.
(C) Variances. Outdoor Vendors may request a
variance from the Planning Commission to
operate for an extended period of time, not
to exceed twelve consecutive months, in the
same location subject to the following
standards:
(1) A vendor may request a variance from
the 90 day location requirement to
operate for an extended period of
time.The maximum time period that
the Planning Commission may grant
this variance is limited to no more than
twelve consecutive months.
(2) The applicant shall comply with the
notification requirements of
section 157.05 of the Unified
Development Code.
(3) A variance may be granted by the
Planning Commission when the
following findings have been met:
(a) The applicant has established that
the operation of the outdoor mobile
vendor will be compatible with and
not detrimental to nearby
properties, will not adversely affect
nearby businesses, will foster an
aesthetically appealing streetscape
and will not create or worsen a
dangerous traffic condition.
(b) That the outdoor mobile vendors'
presence for an extended period of
time at one location will not create
an unfair advantage over similar
and nearby permanent businesses.
(4) In granting the variance, the Planning
Commission may require appropriate
conditions and safeguards, including
semi-permanent or permanent
improvements to the property to secure
the substantial objectives of the
ordinance.
CD178:2
D.5
Repeal&Replace§178.04
Outdoor Mobile Vendors
Page 6 of 6
City Council Meeting Minutes
April 3,2012
Page l of 17
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
a e e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinion
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
City of Fayetteville Arkansas
City Council Meeting Minutes
April 3, 2012
A meeting of the Fayetteville City Council was held on April 3, 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, Petty, Tennant, Ferrell, Adams, Lewis,
Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports and Discussion Items: None
Nominating Committee Report:
Alderman Gray read the Nominating Committee Report. A copy of the Nominating Committee
report is attached.
Alderman Ferrell moved to approve the Nominating Committee report. Alderman Kinion
seconded the motion. Upon roll call the motion passed unanimously.
Agenda Additions: None
Consent:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting Minutes
April 3,2012
Page 2 of 17
Approval of the March 20, 2012 City Council meeting minutes.
Approved
McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution approving
Amendment No. 1 to the agreement with the McClelland Consulting Engineers, Inc. for airport
engineering services.
Resolution 62-12 as recorded in the office of the City Clerk
Keeling Company: A resolution authorizing purchase of an additional two (2) irrigation wheels
from Keeling Company in the amount of $77,333.34, pursuant to Bid #11-71, for effluent
irrigation to hay fields.
This item was removed form the Consent Agenda for discussion.
Crafton Tull & Associates: A resolution approving a contract with Crafton Tull & Associates
in an amount not to exceed $120,000.00 for engineering services to design water and sewer creek
crossing repairs related to Spring 2011 floods, approving a project contingency of$6,000.00, and
approving a budget adjustment.
Resolution 64-12 as recorded in the office of the City Clerk
Bid #12-14 Heckathorn Construction Company: A resolution awarding Bid #12-14 and
approving a contract with Heckathorn Construction Company in the amount of $42,421.00 for
the structural repair of three storm damaged structures at the biosolids management site.
Resolution 65-12 as recorded in the office of the City Clerk
Environmental Consulting Operations, Inc. Amendment No. 6: A resolution approving
Amendment No. 6 to the Engineering Contract with Environmental Consulting Operations, Inc.
in the amount of $42,660.00 for pipeline stormwater, wetlands, and environmental issues and
2012 wetland site maintenance and reporting.
Resolution 66-12 as recorded in the office of the City Clerk.
IES Interactive Training USA: A resolution approving an agreement with IES Interactive
Training USA in the amount of $28,462.90, pursuant to a federal procurement agreement with
the General Services Administration, for the purchase of a Use of Force Simulator for the Police
Department.
Resolution 67-12 as recorded in the office of the City Clerk.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316