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Home My WebLink About2013-01-03 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—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 January 03, 2013 A meeting of the Fayetteville City Council will be held on January 03, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Oaths of Office: 1. Sarah Marsh Alderman Ward 1 2. Matthew Petty Alderman Ward 2 3. Martin W. Schoppmeyer, Jr. Alderman Ward 3 4. Alan T. Long Alderman Ward 4 5. Lioneld Jordan Mayor 6. Sondra E. Smith City Clerk Treasurer Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Election of Vice Mayor—ADELLA GRAY APPROVED 2. Report on the Firemen's and Policemen's Pension and Relief Fund — Mayor Lioneld Jordan. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Housing Authority Board Appointments - APPROVED Agenda Additions: 1. Survey Citizens' Priorities for Capital Projects of a Cultural Nature: A resolution to express the City Council's intention to survey citizens' priorities for Capital Projects of a cultural nature. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 01-13 A. Consent: 1. Approval of the December 4, 2012 and December 18, 2012 City Council meeting minutes. APPROVED 2. Arkansas Entertainers Walk of Fame: A resolution to express the City Council's intention to allow Butch Stone and Jason Bigbee to establish an Arkansas Entertainers Walk of Fame on sidewalks around the interior of the Square and on Center Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 02-13 B. Unfinished Business: None C. New Business: 1. Amend §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone: An ordinance to amend §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone (A) Applicability to add the block of Ila between Wilson and Vandeventer to this zone. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5558 2. Amend §151.01 Definitions and §174.08 Prohibited Signs: An ordinance to amend §151.01 Definitions and §174.08 Prohibited Signs of the Unified Development Code of Fayetteville to clarify regulations concerning electronic message boards. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5559 3. Amend §31.30 (E)(1) and §31.45 (G)(1): An ordinance to amend §31.30 (E)(1) and §31.45 (G)(1) of the Fayetteville Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5560 D. City Council Agenda Session Presentations: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 E. City Council Tour: F. Announcements: Adjournment: 7:10 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: January 3,2013 Adjourn: Subject: Roll Q/1.05r,�s F • Marsh nn s Kinion f Petty f Tennant rf Schoppmeyer V/ Adams Long Gray ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: January 3,2013 Subject: Vice Mayor -Election Motion To: Motion By: Seconded: City Council Marsh Meeting Kinion Presentations Reports and Petty Discussion Items: Tennant ✓ I Schoppmeyer f Adams Qc' Long Gray 0i rtfd Mayor Jordan 7�0 Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: January 3,2013 Subject: Housing Authority Appointments Motion To: Motion By: Seconded: City Council Marsh Meeting Presentations Kmion Reports and Petty Discussion Items: Tennant 2 Schoppmeyer r� Adams �. Long ✓ Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: January 3,2013 Subject: Survey Citizens' Priorities for Capital Projects of a Cultural Nature Motion To: Q"'dto � w�2�`/ o— Motion By: P Seconded: Added at the Marsh ,l ✓ f City Council Meeting rPetty on 0-k3-43 Tennant ✓✓ ,�✓/ vJP ✓ ✓ ,/ Schoppmeyer ✓ ✓ ,� Adams a45e-� Q�.S,I•e.� Long ✓ ,o ./ Gray ✓ ✓ ✓ Mayor Jordan -7-0 '� Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: January 3,2013 Subject: Consent Motion To: Motion By: Seconded: Marsh M,'r-"46 Kinion Petty Tennant ✓ Tom^ Schoppmeyer ✓ Adams (, Long r/ Gray a, Mayor Jordan 7-D Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan City Council Meeting: January 3,2013 Subject: None Motion To: Motion By: Seconded: B. 1 Marsh Unfinished Kinion Business Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long [Gray ayor Jordan City Council Meeting: January 3,2013 Subject: Amend §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone: Motion To: -;rdAr—j- Motion By: ini n .n! n Seconded- C. I econded:C. 1 Marsh New Kinion / �/ ✓ Business Petty ,/ F/ A/ Tennant A/ ! Schoppmeyer ,/ /� Adams G P�SF cid s Long t/ ✓ ✓ Gray / ,®' ✓ 5 Mayor Jordan 7-® G A S<�" /u°GA Subject: Amend §151.01 Definitions and §174.08 Prohibited Signs: Motion To: �nd 3rd Motion By: /�� Seconded: /�iA;0/1 t C.2 Marsh ✓ �/ ✓ New Kinion ,/ ✓ �* Business Petty ✓ ✓ Vs ,/ Tennant ,/ ✓ yd ✓ Schoppmeyer ✓ ✓ y>` ^ L� Adams SP.s Q.USfA / sk., Long t✓ ✓ w" ✓ Gray ✓ a✓ 6e)59 Mayor Jordan -7-0 7_Q 7'0 7"0 City Council Meeting: January 3,2013 Subject: Amend 31.30 (E)(1) and 31.45 (G)(1): Motion To: A � Motion By: Seconded: 72a4- C. 3 Marsh �/ ✓ New Kinion ✓ �/ ✓ Business Petty ✓ ✓ Tennant r/' ✓ Schoppmeyer ,/ ✓ ✓ Adams Long ,/ ✓ ✓ Gray ✓ ✓ 66 (0, Mayor Jordan -p 7-p 7 Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Tennant Schoppmeyer Adams Long Gray Mayor Jordan d1i1 Departmental Correspondenceaye e Afl KANSAS di LEGAL . DEPARTMENT ' ' Kit Williams UY Attorney Jason B.Kelley ' Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorne DATE: January 4, 2013 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of January 3, 2013 1. Arkansas Entertainers Walk of Fame: A resolution to express the City Council's intention to allow Butch Stone and Jason Bigbee to establish an Arkansas Entertainers Walk of Fame on sidewalks around the interior of the Square and on Center Street. 2. Amend §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone: An ordinance to amend §72.18 (A) Applicability to add the block of Ila between Wilson and Vandeventer to this zone. 3. Amend §151.01 Definitions and §174 Prohibited Signs: An ordinance to amend §151.01 Definitions and §174.08 Prohibited Signs of the Unified Development Code of Fayetteville to clarify regulations concerning electronic message boards. 4. Amend §31.30 (E)(1) and §31.45 (G)(1): An ordinance to amend §31.30 (E)(1) and §31.45 (G)(1) of the Fayetteville Code. 5. City Council's Intention for Citizen Cultural Survey: A resolution to express the City Council's intent to survey citizens' priorities for capital projects of a cultural nature. i Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—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 January 03, 2013 A meeting of the Fayetteville City Council will be held on January 03, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Oaths of Office: Sarah Marsh Alderman Ward 1 Matthew Petty Alderman Ward 2 Martin W. Schoppmeyer, Jr. Alderman Ward 3 Alan T. Long Alderman Ward 4 Lioneld Jordan Mayor Sondra E. Smith City Clerk Treasurer Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Election of Vice Mayor 2. Report on the Firemen's and Policemen's Pension and Relief Fund — Mayor Lioneld Jordan. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Housing Authority Board Appointments Agenda Additions: A. Consent: 1. Approval of the December 4, 2012 and December 18, 2012 City Council meeting minutes. 2. Arkansas Entertainers Walk of Fame: A resolution to express the City Council's intention to allow Butch Stone and Jason Bigbee to establish an Arkansas Entertainers Walk of Fame on sidewalks around the interior of the Square and on Center Street. B. Unfinished Business: None C. New Business: 1. Amend §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone: An ordinance to amend §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone (A) Applicability to add the block of Ila between Wilson and Vandeventer to this zone. 2. Amend §151.01 Definitions and §174.08 Prohibited Signs: An ordinance to amend §151.01 Definitions and §174.08 Prohibited Signs of the Unified Development Code of Fayetteville to clarify regulations concerning electronic message boards. 3. Amend §31.30 (E)(1) and §31.45 (G)(1): An ordinance to amend §31.30 (E)(1) and §31.45 (G)(1) of the Fayetteville Code. D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aides in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Housing Authority Board Appointments Page 1 of 2 FAYETTEVILLE HOUSING AUTHORITY #1 North School Ave. Fayetteville, AR 72701-5928 PH: (479) 521-3850 FAX: (479) 442-6771 E-MAIL: fayettevilleha(a-)moreatimet December 21, 2012 Mayor Lioneld Jordan & Fayetteville City Council Members City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Lioneld Jordan & Fayetteville City Council Members: This letter is to confirm that the Fayetteville Housing Authority's Board has elected two new commissioners at its December 20, 2012, Regular Board Meeting. The two new Commissioners for the Fayetteville Housing Authority Board are Leon Jones Jr. and Mike Emery. Leon Jones Jr. was appointed to serve a five year term from December 29, 2012 to December 28, 2017. Mike Emery is filling an unexpired term of three years from December 28, 2012 to December 28, 2015. The Fayetteville Housing Authority Board requests that these two newly elected commissioners, Leon Jones Jr and Mike Emery, be placed on the next City Council Meeting Agenda to be formally confirmed by the municipality's governing body in accordance with the Arkansas State Statue#14-169-208. If you have any questions, please feel free to call or e-mail. Since/rely yours, Fredia Sawin Executive Director fs Housing Authority Board Appointments Page 2 of 2 add&i Ot a*. t, /2 -A 7/oz C.3 AGENDA REQUEST Amend§31.30(E)(1)and§31.45(c)(1) Page 1 of 4 FOR: COUNCIL MEETING OF JANUARY 3, 2013 FROM: ALDERMAN MATTHEW PETTY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §31.30 (E)(1) And §31.45 (G)(1) Of The Fayetteville Code APPR VED FOR AGENDA: 12 /77- zo l z- 1VIa hew Petty Date Alderman City Attorney Date (as to form) C.3 Amend§31.30(E)(1)and§31.45(G)(1) Page 2 of 4 ORDINANCE NO. AN ORDINANCE TO AMEND §31.30 (E)(1) AND §31.45 (G)(1) OF THE FAYETTEVILLE CODE 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 §31.30 (E)(1) relating to the beginning pay for a newly elected or appointed City Clerk by repealing (E)(1) and enacting a replacement(E)(1) as shown below: "§31.30 (E) "(1) The salary for a newly elected or appointed City Clerk-Treasurer shall be the same as the salary was for the outgoing City Clerk-Treasurer." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §31.30(G)(1) relating to the salary for a newly elected or appointed City Attorney and enacting a new §31.45 (G)(1) as shown below: "§31.45(G) "(1) The salary for a newly elected or appointed City Attorney shall be the same as the salary was for the outgoing City Attorney." PASSED and APPROVED this 3`d day of January, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.3 Amend§31.30(E)(1)and§31.45(G)(1) Page 3of4 FAYETTEVILLE CODE OF ORDINANCES TITLE 111 ADMINISTRATION ---- calendar year. employment without complying with the city's (C) Cumulative annual pay increases over time may personnel policy, not cause the salary level to exceed the salary (E) Salary. range for the position without City Council approval. - (1) Salary for a newly elected or appointed City �!/ (Ord.No.4357,12-18-01) Clerk shall be$45,000.00. (2) Upon re-election to the same position, the Cross reference(s)--District Judge,§38.02, official shall retain their existing pay level. State law reference(s)-- Salaries of personnel and (3) Annually at the first payroll period coincident other requirements of various municipal courts, A.C.A. §16- 17-106. with Or first following January 1st, a pay adjustment will be made equal to the 31.19-31.29 Reserved average percentage pay increase granted to regular full-time non civil service city 31.30 Office Of City Clerk-Treasurer employees during the previous calendar year. (A) Created. There is hereby created the office of (4) Cumulative annual pay increases over time the City Clerk, a department of the city. The City may not cause the salary level to exceed the Clerk is hereby designated Clerk-Treasurer by salary range for the position without City the City Council and shall assume the duties of Council approval. both clerk and treasurer. The office of City Clerk shall consist of the elected City Clerk, who shall State law references)--Duties of City Clerk, A.C.A. be head of the office of City Clerk, together with §14-43-506; Clerk-Treasurer in Mayor-Council cities, A.C.A. ----- Deputy City Clerks, Microfilm Clerks, Secretaries, §14-43-405. - Clerks, and such other employees as may from time to time be required by the office of the City 31.31 Full Time Elected City Officials To Clerk. The number of employees in each of Elect Whether To Be Treated As Normal -- these categories and their respective salaries City Employees For Vacation And Sick shall be fixed from time to time by the City Leave Purposes Council through the City's budgetary processes. (8) Hiring. The elected City Clerk shall hire and (A) Irrevocable Election During First Month Of Term supervise the employees of the office of the City Of Office Clerk following the city personnel policy. . (1) During the first month of a newly elected (C) Duties. The duties of the City Clerk with the mayor's, city clerk's or city attorney's term of assistance of the staff of the office of City Clerk office,said official shall make an irrevocable shall be as follows: election in writing to the Human Resources Division whether to be treated as a normal; (1) The City Clerk shall perform such duties as non-elected city employee for purposes of are prescribed by law for City Clerks of cities vacation and sick leave accumulation and of the first class having an aldermanic form use. If the newly elected official fails to of government and such duties as may be make a specific election within the first prescribed by the City Council, month of his or her term of office,the official shall be deemed to have opted not to be (2) The duties prescribed for the City Clerk shall treated as a normal city employee for be performed by the City Clerk, and in the vacation and sick leave purposes. absence of the City Clerk by a Deputy City Clerk appointed by the City Clerk. (8) City pay and benefits controlled by irrevocable election. (D) Full-time employment. The City Clerk and his/her duly authorized deputies and/or assistants shall (1) Subject to federal employment law be full-time officers and employees of the City of requirements, if the elected official opts to be Fayetteville and shall not engage in outside treated as a normal city employee,then the salary and benefits of the elected official CD31:4 C.3 Amend§31.30(E)(1)and§31.45(G)(1) C.)414 L `Page4 of FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION shall be controlled by the official's any meeting of any other City Council irrevocable election such that if such elected official takes more vacation or sick leave Committee, administrative board, '.. commission, or authority of the city. than such official has earned,the amount of vacation or sick leave above the accrued (5) Represent the city as needed in civil amount shall be unpaid leave. litigation; file all cases and civil actions (Ord.5212,1-20-09) approved by the City Council required to protect the interests of the city. 31.32-31.44 Reserved (6) To prosecute all cases whether civil or on or 31.45 City Attorney; Legal Department enforcelment ofvincity ordiy ancesolbefore the district court; to prosecute all cases whether (A) Legal Department created. There is hereby civil or misdemeanor criminal cases involving created the Legal Department, a department of violations of the state laws within the the City. The legal department shall consist of the corporate limits of the city before the district, elected City Attorney, who shall be head of the juvenile, or circuit courts and to prosecute or legal department, together with Assistant City defend all appeals of any of such cases from Attorneys, City Prosecutor, Assistant City the district court to the circuit court. The city Prosecutors, Legal Interns, Paralegals, Legal attorney shall assign at least one full-time Secretaries, Clerks and such other employees as assistant city attorney as city prosecutor to may from time to time be required by the legal carry out such duties. department. The number of employees in each of these categories and their respective salaries (7) Perform such other duties as are prescribed shall be fixed from time to time by the City by law for city attorneys of cities of the first _ Council through the city's budgetary processes. class. (B) Hiring. The elected City Attorney shall hire and (D) Full-time employment. The City Attorney and supervise the employees of the city legal his/her duly authorized assistants shall be full department following city personnel policy. time officers and employees of the City of Fayetteville and shall not engage in outside (C) Duties. The duties of the City Attorney with the employment, including the private practice of law, assistance of the staff of the legal department without complying with the city's personnel policy, shall be as follows: (E) Authority to n City (1) To draft all ordinances, resolutions, Attorne Should the Cittyy Council determine that contracts, leases, conveyances, bonds, and it would be in the best interest of the city for an such other instruments of writing as may be attorney other than the City Attorney to render required by the business of the city. legal services in connection with a legal matter or legal proceedings, the City Council may, by (2) To furnish written opinions upon subjects of majority vote, retain a private attorney to render a legal nature relating to the affairs of the city said services. government when requested to do so by the mayor, an administrative department head, a (F) Restrictions. The legal department of the city member of the City Council, or the shall not be required to render legal services in chairperson of any administrative board, connection with a legal matter or legal commission, or authority of the city. proceeding not otherwise provided for in subsection(A) above, including but not limited to, (3) To furnish legal advice regarding the bond opinions, representation of any independent activities of the city to the mayor, members organizations, boards, councils or foundations of the City Council, and all other city officials and performing any duties for any improvement and administrative department heads. district. (4) To attend meetings of the City Council, (G) Salary. Planning Commission, Board of Adjustments A & P Commission, and upon (1) Salary for a newly elected or appointed City request by the chairperson thereof, to attend Attorney is established at$65,000.00. CD31:5 ��' City Council Meeting Minutes December 4,2012 Page 1 of 13 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes December 04, 2012 A meeting of the Fayetteville City Council was held on December 04, 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: Mayor Jordan introduced the Spring International Students and Shay Hopper's Woodland Junior High School 9th grade Pre-AP government students who were observing the City Council meeting. City Council Meeting Presentations, Reports and Discussion Items: None Agenda Additions: None Consent: Approval of the November 8 and November 20, 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 City Council Meeting Minutes December 4,2012 Page 2 of 13 University of Arkansas Razorback Road Sidewalk Cost Share: A resolution to approve a budget adjustment in the amount of $51,308.00 to recognize revenue from the University of Arkansas for its cost share for construction of a sidewalk along Razorback Road. Resolution 223-12 as recorded in the office of the City Clerk. Hazardous Materials Incident Response Services Interlocal Cooperation Agreement: A resolution providing notice pursuant to Article V of the Interlocal Cooperation Agreement for the Provision of Hazardous Materials Incident Response Services in Benton and Washington Counties of the intention of the City of Fayetteville to withdraw its participation in the agreement effective six (6) months from the date of written notification of the adoption of this resolution to the remaining participants. Resolution 224-12 as recorded in the office of the City Clerk. Arkansas Firewise Grant: A resolution authorizing acceptance of an Arkansas Firewise Grant in the amount of $500.00 from the Arkansas Forestry Commission for use by the Fire Department, and approving a budget adjustment. Resolution 225-12 as recorded in the office of the City Clerk. Bid #12-75 Insituform Technologies, LLC: A resolution to approve Bid #12-75 for a construction contract with Insituform Technologies, LLC for service lateral and sewer main cured in place lining in the amount of$330,000.00. Resolution 226-12 as recorded in the office of the City Clerk. Operations and Management Plan for Razorback Regional Greenway: A resolution to approve the Northwest Arkansas Razorback Greenway Operations and Management Plan for Razorback Greenway Trails within Fayetteville. Resolution 227-12 as recorded in the office of the City Clerk. Bid #12-74 Vance Brothers, Inc.: A resolution awarding Bid #12-74 and approving a contract with Vance Brothers, Inc. in the amount of $72,470.00 for asphalt micro-surfacing, and approving a ten percent(10%)project contingency. Resolution 228-12 as recorded in the office of the City Clerk. City Depository Board: A resolution designating members of the City Depository Board, as established by Arkansas Code §19-8-106. Resolution 229-12 as recorded in the office of the City Clerk. 2013 Community Access Television Contract: A resolution approving a contract in the amount of $105,000.00 with Community Access Television, Inc. to provide public access 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 4,2012 Page 3 of 13 services and operate the Fayetteville Public Access Television Channel throughout the 2013 year. Resolution 230-12 as recorded in the office of the City Clerk. Regional Wayfinding Program: A resolution to express the Fayetteville City Council's intent to implement the Regional Wayfinding Program. Resolution 231-12 as recorded in the office of the City Clerk. Wayfinding Program Implementation: A resolution to approve the cooperative agreement between the City of Fayetteville and the Northwest Arkansas Regional Planning Commission regarding Wayfinding Program Implementation at a potential cost of approximately $125,000.00. Resolution 232-12 as recorded in the office of the City Clerk. Johnson Property Zoning Change: A resolution agreeing to the change in zoning from commercial to residential for property located in Johnson that adjoins parcels in Fayetteville. Resolution 233-12 as recorded in the office of the City Clerk. Alderman Ferrell moved to approve the Consent Agenda as read. Alderman Lewis seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 2013 Annual Budget and Work Program: A resolution adopting the 2013 Annual Budget and Work Program. The motion to approve the budget failed. Then a motion to reconsider was approved. Then the resolution to approve the budget was tabled to the December 4, 2012 City Council meeting. Paul Becker, Finance Director gave a brief description of the budget. He stated the Mayor is bringing forward a balanced budget. The Mayor intents to bring forward a pay increase in the first quarter of 2013 for employees. Alderman Lewis thanked the Mayor for holding the budget at the last meeting so they could bring it forward at the Ward 4 meeting. Alderman Ferrell moved to approve the resolution. Alderman Adams seconded the motion. Upon roll call the resolution passed unanimously. Resolution 234-12 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 4,2012 Page 4 of 13 New Business: ADM 12-4259 (UDC Amendment Subdivision Regulations in the Planning Area): An ordinance to Amend §166.05 Required Infrastructure Improvements — Development in the Planning Area and to repeal §166.08 (I) of the Unified Development Code of Fayetteville. City Attorney Kit Williams read the ordinance. Andrew Garner, Senior Planner Current Planning gave a brief description of the ordinance. He stated they are requesting this code change to mimic what Washington County has instead of being in conflict. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Boudreaux seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Tennant moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5546 as Recorded in the office of the City Clerk Clear Creek Trail: A resolution approving a request by the City of Fayetteville to modify the geographic extent and location of certain tree preservation areas pursuant to §167.04 (L)(2), Tree Preservation and Protection, Unified Development Code of the Code of Fayetteville, to construct a section of Clear Creek Trail. Megan Dale, Urban Forrester gave a brief description of the resolution. Alderman Adams: What is something that is three inches or less in caliper? It does not make since to me. Megan Dale: They are still a tree but the way our code is written we do not classify them. Alderman Adams: Could we change that at some point to call it something else? So it is not a tree? City Attorney Kit Williams: They are saplings. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 4,2012 Page 5 of 13 Megan Dale: In terms of tree preservation, when we are assessing trees that are in the ground on existing property, that is how we view it. Alderman Lewis: The Streamside Protection Ordinance should apply here? City Attorney Kit Williams: That is one part of the exemptions to it. We try to stay away from the creek as much as possible but many of our trails have to be within the management zone. Alderman Lewis: I understand that. Part of that was that existing trail would be built using the Best Management Practices Manual. Matt Mihalevich, Trails Coordinator: One of these sections is farther away from the creek so the Streamside Protection does not apply. The other section we stay out of it as much as possible but we have a bridge crossing. There are stipulations within the ordinance for crossings. Alderman Lewis: I struggle with vacating tree preservation areas. Can someone speak to that? Andrew Garner: I think it gets to the intent of the ordinance, when you are looking at vacating a tree preservation area. What are you doing to offset the impact? In this case we feel it is appropriate. Don Marr, Chief of Staff: Some of the recent agenda items have not been an elimnation of tree preservation but an exchange of tree preservation. Alderman Lewis: We had a presentation which stated we have lost some of our canopy. There are always trade offs and this trail is an amazing opportunity for our community. Alderman Boudreaux moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed unanimously. Resolution 235-12 as recorded in the office of the City Clerk. Grant Thornton Annual Audit Services: A resolution to approve a contract with Grant Thornton, LLP in the amount of$82,500.00 to audit the financial statements of the City. Paul Becker: The City is required to have an audit by a certified public accountant using generally accepted accounting principles. We had the previous auditors since 2000. This year we solicited proposals and this company was selected. Alderman Lewis moved to approve the resolution. Alderman Ferrell seconded the motion. Upon roll call the resolution passed unanimously. Resolution 236-12 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 4,2012 Page 6 of 13 City of West Fork Wastewater Service: A resolution expressing the intent of the City of Fayetteville to provide wholesale wastewater service to the City of West Fork. David Jurgens, Utilities Director gave a brief description of the resolution. He stated ADEQ told West Fork they had two choices, to build a new wastewater treatment facility or hook up to the City of Fayetteville wastewater system. The City of Fayetteville received a letter from the City of West Fork that requested they be allowed to hook up to our system. There are several things that make that attractive. It will help clean up the environment and the river. Having a city as a wholesale customer is beneficial to us. They will provide good food to our bacteria. From a capacity standpoint we have excess capacity. Alderman Petty: If the EPA lowers our phosphate limit, like they have been talking about doing, if that were to happen can you reassure us that we are going to be in a position to renegotiate a contract with West Fork? David Jurgens: West Fork has agreed to pay the rates that are established by the City of Fayetteville rate study. The rate study would have to be performed by a nationally recognized firm. City Attorney Kit Williams: We do not have a contract now this is just to express your intent so that we can work toward a contract. Alderman Ferrell: It looks like the revenue side of this is not a down side to us. Alderman Ferrell moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed unanimously. Resolution 237-12 as recorded in the office of the City Clerk. Entertainment District Parking Deck Site Selection: A resolution to select the site of the Entertainment District Parking Deck. David Jurgens gave a brief description of the resolution. This is for site selection only. Ron Petrie, parking deck consultant gave a brief description of the proposed parking deck sites. There was a PowerPoint presentation of the proposed sites, entrances and exits of each site, and the number of proposed parking places at each site. Ron Petrie: The theater lot scored the highest and has 218 parking spaces. It also leaves the current Walton Arts Center parking lot as is which will give additional parking spaces. The parking deck team recommends that you proceed with the theater site. A discussion followed on the proposed sites. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 4,2012 Page 7 of 13 City Attorney Kit Williams: The administration asked me to prepare a resolution. It states the Mayor's recommendation which is the theater lot. This takes into consideration what the Walton Arts Center Administration has requested. He listed the items that were requested by the Walton Arts Center. Alderman Boudreaux: I support the theater lot for the reasons that we have seen from the presentation. I have a lot of concerns about the loss revenue and parking spaces if we use the Walton Arts Center parking lot. The Walton Arts Center lot can be utilized for a lot of things. The east lot I think there is too much destruction to the residential and we would have to condemn a business. Alderman Boudreau moved to amend the resolution to the new resolution that was handed out at the City Council meeting to utilize the theater lot. Paul Becker discussed the construction cost of the proposed sites. He stated the estimates are about $6.3 million. Between the bonds and what is in the parking fund we will have sufficient funds. We did not anticipate paying the moving and rent out of the project fund. We are trying to segregate what we are going to generate from the bonds and what we will pay from city funds. Before you are the conditions and whether or not you choose to replace the 28 spaces or the additional requested spaces. Alderman Ferrell: What is the estimate on the excavation fee? Paul Becker: Between the shell and excavation it is roughly $60,000. Alderman Ferrell: Do you have an estimate of the amount that will come out of the parking fund? Paul Becker: Probably about $500,000. Alderman Ferrell: Did these requests come recently? David Jurgens: These are items that we have been discussing from the beginning. Those were included when we did our public meetings. The only two items that were added was the backup house space and the additional seven parking spaces. Alderman Gray: My concern is the connection between the parking deck and the Walton Arts Center. Ron Petrie stated we recognize that and would like to achieve that as well but can not guarantee that at the moment. David Jurgens: As we proceed with the final design and the Walton Arts Center proceeds with the final design for their expansion that would be one of the factors that would be looked at. Alderman Gray: I think it is significant enough if the cost seems to be prohibitive we might be able to add some more layers on the top. We can build it in and pay for it later. I think connectivity to the Walton Arts Center is a very significant aspect to the deck. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316