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2008-12-16 - Agendas - Final
Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVI Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting December 16, 2008 A meeting of the Fayetteville City Council will be held on December 16, 2008 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: Presentations, Reports and Discussion Items: 1. Alderman Cook gave the Nomination Committee report for the Boards and Commissions appointments. Agenda Additions: Agenda Additions: 1. Election budget adjustment: Added before Consent. 2. Reconsider Amberwood Place Appeal: Added at the end of New Business. A. Consent: 1. Approval of the November 18, 2008 City Council meeting minutes. APPROVED. 2. Wilson Estes Police Architects: A resolution approving a change order to the contract with Wilson Estes Police Architects in the amount of $5,200.00 for re-design fees for value engineering changes to the District Court Building. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-08. 3. Water and Sewer System Improvements: A resolution of intent regarding the reimbursement of certain costs and expenses incurred in connection with the acquisition, construction and equipping of improvements to the water& sewer systems of the city. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 233-08. 4. McClelland Consulting Engineers, Inc: A resolution approving an engineering contract with McClelland Consulting Engineers, Inc. in the amount of $397,621.00 for design services for water and sewer relocations and concurrent construction of a 36" water transmission main associated with the widening of Highway 265 from Mission to Joyce Boulevard; approving a $20,000.00 contingency; and approving a budget adjustment in the amount for $400,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 234-08. 5. INEOS Bio: A resolution certifying local government endorsement of INEOS Bio, a division of INEOS USA LLC to participate in the tax back program (The Consolidated Incentive Act of 2003, A.C.A § 15-4-2706(D)). PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 235-08. 6. Johnson Controls, Inc: A resolution approving a performance contract with Johnson Controls, Inc. in the amount of$291,366.00 for energy efficiency retrofits and subsequent measurement and verification at various city-owned facilities; and approving a budget adjustment in the amount of$291,366.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 236-08. 7. A & P Commission Reimbursement: A resolution approving a budget adjustment in the amount of$10,397.91 and recognizing like revenue from the Fayetteville Advertising & Promotion Commission for reimbursement of costs associated with the renovations of the Square Gardens planting beds. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 237-08. 8. Copper Creek Neighborhood Donation: A resolution approving a budget adjustment recognizing $3,300.00 in donations from the Copper Creek Neighborhood for trees to be planted within David Lashley Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 238-08. 9. St. Joseph Neighborhood Donation: A resolution approving a budget adjustment recognizing $450.00 in donations from the St. Joseph Neighborhood for a park bench and other amenities at St. Joseph Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 239-08. 10. Motorola, Inc: A resolution approving renewal of a maintenance contract pursuant to the bid waiver authority granted by Ordinance No. 4300 with Motorola, Inc. in the amount of$137,025.72 for maintenance of the city's Motorola Smartnet II radio system. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 240-08. 11. Cruse Uniforms and Equipment: A resolution accepting the proposal from Cruse Uniforms and Equipment, Inc. in response to RFP 08-08 and approving a contract to act as the authorized quartermaster for the uniform and equipment needs of the officers of the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 241-08. 12. Fayetteville's Heritage: A resolution to protect and celebrate Fayetteville's Heritage, use historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs by seeking designation as a Preserve America Community. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 242-08. 13. Fleet Operations Fuel: A resolution approving a budget adjustment in the amount of $360,000.00 to the gasoline and diesel expense budgets in Fleet Operations by recognizing revenue from the fuel charges account. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 243-08. 14. Baird, Kurtz & Dobson (BKD), LLP: A resolution approving the annual contract renewal with Baird, Kurtz & Dobson (BKD), LLP, in the amount of $77,900.00 to conduct the 2008 audit. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 244-08. 15. Hogeye Manufacturing Company, Inc: A resolution authorizing the Mayor to execute a contract with Hogeye Manufacturing Company, Inc. to haul and dispose of solid waste in the city limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 245-08. 16. Area Agency on Aging: A resolution approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the lease of the Walker Park Senior Adult Center located at 945 S. College Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 246-08. 17. Amend State Legislature A.C.A § 24-12-123: A resolution to request the State Legislature to amend A.C.A § 24-12-123 to require approval by the City Council and an authorizing vote of the citizens to allow a mayor to receive a pension. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 247-08. The following resolution was added to the agenda: 1. Election Budget Adjustment: A resolution approving a budget adjustment in the amount of$16,206.00 from the Educational Reimbursement Account for a portion of the cost of the 2008 mayoral run-off election. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 248-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: NONE. 2. Park West, LLC Cost Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Park West, LLC in the amount of$2,157,000.00 for the upgrade of the future location of Highway 112 through Phase 1 of the Park West Development from two lanes to a four-lane boulevard. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. Left on the First Reading THIS ITEM WAS LEFT ON THE SECOND READING AND TABLED TO THE JANUARY 6, 2009 CITY COUNCIL MEETING. 3. I-PZD 08-3062 (Westside Storage): An ordinance establishing an Industrial Planned Zoning District Titled I-PZD 08-3062 Westside Storage, located at 1192 North Rupple Road, containing approximately 0.77 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. Left on the First Reading THIS ITEM WAS TABLED TO THE JANUARY 6, 2009 CITY COUNCIL MEETING. 4. Villas at Stonebridge Appeal: An ordinance establishing a Residential Planned Zoning District Titled R-PZD 06-2170, Villas at Stonebridge, located south of Highway 16 East and east of Goff Farm Road; containing approximately 53.03 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. Left on the First Reading THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. C. Public Hearing 1. Raze and Removal at 3250 Wyman Road: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Travis Getzendaner located at 3250 E. Wyman Road in the City of Fayetteville, Arkansas; and approving the use of funds from a previous budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 249-08. D. New Business: 1. Operations Management International Amendment # 16: A resolution approving Amendment Number 16 to the contract with Operations Management International (OMI) in the amount of $7,762,190.00 for the operation, maintenance and management of Fayetteville Wastewater Treatment facilities for 2009. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 250-08. 2. RZN 08-3147 (Naples/Crossover): An ordinance rezoning that property described in Rezoning Petition RZN 08-3147, for approximately 7.20 acres, located at 4081 and 4084 Crossover Road from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4 units per acre and R-O, Residential Office. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5204. 3. VAC 08-2982 (Markham Hill Cottage Courts): An ordinance approving VAC 08- 2982 submitted by Northstar Engineering Consultants, Inc. for property located north of Maine Street, between Sang Avenue and Cross Avenue to vacate portions of two alleys, a total of 0.30 acres, in order to develop the Markham Hill Cottage Courts. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 4. VAC 08-3146 (Maynard/Willoughby): An ordinance approving VAC 08-3146 submitted by Clay Grote HGM Consultants, Inc. for property located at 557 West Willoughby Road to vacate a portion of a right-of-way on the subject property, a total of 0.072 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5205. 5. ADM 08-3159 (CMN Lots 8 & 14 Tree Preservation Variance): A resolution to grant a variance of Chapter 167 Tree Preservation and Protection, in accordance with §156.03 (C) (5) of the Unified Development Code to allow approval of a tree preservation plan prior to development review. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 251-08. 6. Levi Property, LLC Appeal: An appeal of the Planning Commissions decision for ADM 08-3152 Levi Storage Center. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 252-08. 7. Amend Chapter 159 Water and Wastewater Impact Fees: An ordinance to amend §151.02 Definitions, §155.06 Appeals from Staff Interpretations, §159.02 Water and Wastewater Impact Fees, §159.03 and §159.04 of the Unified Development Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5206. 8. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a memorandum of understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of$42,272.20 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater permit requirements. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5207. 9. Fayetteville Youth Center Inc: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of $211,750.00 to provide public recreation services for the youth and citizens of Fayetteville for 2009. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5208. 10. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$55,000.00 to provide public recreation services for the senior citizens of Fayetteville for 2009. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5209. 11. Smith Communications, LLC: A resolution to approve a lease agreement with Smith Communications, LLC for a cell tower at the Township Water Tank Site. THIS ITEM WAS TABLED TO JANUARY 6, 2009 CITY COUNCIL MEETING. 12. Community Access Television, Inc: A resolution approving a contract in the amount of $93,000.00 with Community Access Television, Inc. to operate the public access television channel throughout 2009. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 253-08. 13. New Coal-Fired Power Plants: A resolution against the construction of New Coal- Fired Power Plants. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 254-08. The following ordinance was added to the agenda: 1. Amberwood Place Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2965, Amberwood Place, located south and east of Double Springs and Dot Tipton Road; containing approximately 39.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was tabled at the September 2, 2008 City Council meeting to the September 16, 2008 City Council meeting. This ordinance was tabled at the September 16, 2008 City Council meeting to the October 7, 2008 City Council meeting. THIS ITEM WAS TABLED TO THE FEBRUARY 3, 2009 CITY COUNCIL MEETING. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 8:45 p.m. 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 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. Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PVj C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting December 16, 2008 A meeting of the Fayetteville City Council will be held on December 16, 2008 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: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the November 18, 2008 City Council meeting minutes. 2. Wilson Estes Police Architects: A resolution approving a change order to the contract with Wilson Estes Police Architects in the amount of $5,200.00 for re-design fees for value engineering changes to the District Court Building. 3. Water and Sewer System Improvements: A resolution of intent regarding the reimbursement of certain costs and expenses incurred in connection with the acquisition, construction and equipping of improvements to the water& sewer systems of the city. 4. McClelland Consulting Engineers, Inc: A resolution approving an engineering contract with McClelland Consulting Engineers, Inc. in the amount of $397,621.00 for design services for water and sewer relocations and concurrent construction of a 36" water transmission main associated with the widening of Highway 265 from Mission to Joyce Boulevard; approving a $20,000.00 contingency; and approving a budget adjustment in the amount for $400,000.00. 5. INEOS Bio: A resolution certifying local government endorsement of INEOS Bio, a division of INEOS USA LLC to participate in the tax back program (The Consolidated Incentive Act of 2003, A.C.A §15-4-2706(D)). 6. Johnson Controls, Inc: A resolution approving a performance contract with Johnson Controls, Inc. in the amount of$291,366.00 for energy efficiency retrofits and subsequent measurement and verification at various city-owned facilities; and approving a budget adjustment in the amount of$291,366.00. 7. A & P Commission Reimbursement: A resolution approving a budget adjustment in the amount of$10,397.91 and recognizing like revenue from the Fayetteville Advertising & Promotion Commission for reimbursement of costs associated with the renovations of the Square Gardens planting beds. 8. Copper Creek Neighborhood Donation: A resolution approving a budget adjustment recognizing $3,300.00 in donations from the Copper Creek Neighborhood for trees to be planted within David Lashley Park. 9. St. Joseph Neighborhood Donation: A resolution approving a budget adjustment recognizing $450.00 in donations from the St. Joseph Neighborhood for a park bench and other amenities at St. Joseph Park. 10. Motorola, Inc: A resolution approving renewal of a maintenance contract pursuant to the bid waiver authority granted by Ordinance No. 4300 with Motorola, Inc. in the amount of$137,025.72 for maintenance of the city's Motorola Smartnet II radio system. 11. Cruse Uniforms and Equipment: A resolution accepting the proposal from Cruse Uniforms and Equipment, Inc. in response to RFP 08-08 and approving a contract to act as the authorized quartermaster for the uniform and equipment needs of the officers of the Fayetteville Police Department. 12. Fayetteville's Heritage: A resolution to protect and celebrate Fayetteville's Heritage, use historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs by seeking designation as a Preserve America Community. 13. Fleet Operations Fuel: A resolution approving a budget adjustment in the amount of $360,000.00 to the gasoline and diesel expense budgets in Fleet Operations by recognizing revenue from the fuel charges account. 14. Baird, Kurtz & Dobson (BKD), LLP: A resolution approving the annual contract renewal with Baird, Kurtz & Dobson (BKD), LLP, in the amount of $77,900.00 to conduct the 2008 audit. 15. Hogeye Manufacturing Company, Inc: A resolution authorizing the Mayor to execute a contract with Hogeye Manufacturing Company, Inc. to haul and dispose of solid waste in the city limits of Fayetteville. 16. Area Agency on Aging: A resolution approving a lease agreement with the Area Agency on Aging of Northwest Arkansas for the lease of the Walker Park Senior Adult Center located at 945 S. College Avenue. 17. Amend State Legislature A.C.A §24-12-123: A resolution to request the State Legislature to amend A.C.A §24-12-123 to require approval by the City Council and an authorizing vote of the citizens to allow a mayor to receive a pension. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: 2. Park West, LLC Cost Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Park West, LLC in the amount of$2,157,000.00 for the upgrade of the future location of Highway 112 through Phase 1 of the Park West Development from two lanes to a four-lane boulevard. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. Left on the First Reading 3. I-PZD 08-3062 (Westside Storage): An ordinance establishing an Industrial Planned Zoning District Titled I-PZD 08-3062 Westside Storage, located at 1192 North Rupple Road, containing approximately 0.77 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. Left on the First Reading 4. Villas at Stonebridge Appeal: An ordinance establishing a Residential Planned Zoning District Titled R-PZD 06-2170, Villas at Stonebridge, located south of Highway 16 East and east of Goff Farm Road; containing approximately 53.03 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. Left on the First Reading C. Public Hearing 1. Raze and Removal at 3250 Wyman Road: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Travis Getzendaner located at 3250 E. Wyman Road in the City of Fayetteville, Arkansas; and approving the use of funds from a previous budget adjustment. D. New Business: 1. Operations Management International Amendment # 16: A resolution approving Amendment Number 16 to the contract with Operations Management International (OMI) in the amount of $7,762,190.00 for the operation, maintenance and management of Fayetteville Wastewater Treatment facilities for 2009. 2. RZN 08-3147 (Naples/Crossover): An ordinance rezoning that property described in Rezoning Petition RZN 08-3147, for approximately 7.20 acres, located at 4081 and 4084 Crossover Road from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4 units per acre and R-O, Residential Office. 3. VAC 08-2982 (Markham Hill Cottage Courts): An ordinance approving VAC 08- 2982 submitted by Northstar Engineering Consultants, Inc. for property located north of Maine Street, between Sang Avenue and Cross Avenue to vacate portions of two alleys, a total of 0.30 acres, in order to develop the Markham Hill Cottage Courts. 4. VAC 08-3146 (Maynard/Willoughby): An ordinance approving VAC 08-3146 submitted by Clay Grote HGM Consultants, Inc. for property located at 557 West Willoughby Road to vacate a portion of a right-of-way on the subject property, a total of 0.072 acres. 5. ADM 08-3159 (CMN Lots 8 & 14 Tree Preservation Variance): A resolution to grant a variance of Chapter 167 Tree Preservation and Protection, in accordance with §156.03 (C) (5) of the Unified Development Code to allow approval of a tree preservation plan prior to development review. 6. Levi Property, LLC Appeal: An appeal of the Planning Commissions decision for ADM 08-3152 Levi Storage Center. 7. Amend Chapter 159 Water and Wastewater Impact Fees: An ordinance to amend §151.02 Definitions, §155.06 Appeals from Staff Interpretations, §159.02 Water and Wastewater Impact Fees, §159.03 and §159.04 of the Unified Development Code. 8. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a memorandum of understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of$42,272.20 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater permit requirements. 9. Fayetteville Youth Center Inc: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of $211,750.00 to provide public recreation services for the youth and citizens of Fayetteville for 2009. 10. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$55,000.00 to provide public recreation services for the senior citizens of Fayetteville for 2009. 11. Smith Communications, LLC: A resolution to approve a lease agreement with Smith Communications, LLC for a cell tower at the Township Water Tank Site. 12. Community Access Television, Inc: A resolution approving a contract in the amount of $93,000.00 with Community Access Television, Inc. to operate the public access television channel throughout 2009. 13. New Coal-Fired Power Plants: A resolution against the construction of New Coal- Fired Power Plants. Announcements: 1. City Council Tour: None 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 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. A.6 Johnson Controls,Inc. Page I of 2 a vi vi N t� r ri o od c6 �C vi N�' c�i r t� p L C z r O1 k vMiO fY p N ~ ."i-i O 06 69 Vhl V fA ~ ~ 6N4 ~ j�0�r4j yW 69 69 69 69 69 69 69 69 lP~. 69 UO Fy � M g g F r JS v a v us v & v ss v v P O 00 F Kb 3 CO 53 b "" � fq fry Elj 69 69 69 � (f3 6�A 4~A 69 f�i • W w 0 0 0 n 2mppng am -g H F F �aafo�d x x x x x x x x x x x x x x x x A.6 Johnson Controls,Inc. Page 2 of 2 A. 17 Amend State Legislature A.C.A§24-12-123 AGENDA REQUEST Page I oro FOR: COUNCIL MEETING OF DECEMBER 16, 2008 FROM: ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REQUEST THE STATE LEGISLATURE TO AMEND A.C.A. §24-12-123 TO REQUIRE APPROVAL BY THE CITY COUNCIL AND AN AUTHORIZING VOTE OF THE CITIZENS TO ALLOW A MAYOR TO RECEIVE A PENSION APPROVED FOR AGENDA: /9,1/4 � Z , / meg Bobby Fer ell Date Alderman (2- L- og Kit Williams Date City Attorney(as to form) A. 17 Amend State Legislature A.C.A§24-12-123 Page 2 of 4 RESOLUTION NO. A RESOLUTION TO REQUEST THE STATE LEGISLATURE TO AMEND A.C.A. §24-12-123 TO REQUIRE APPROVAL BY THE CITY COUNCIL AND AN AUTHORIZING VOTE OF THE CITIZENS TO ALLOW A MAYOR TO RECEIVE A PENSION WHEREAS, A.C.A. §24-12-123 now provides that if a person serves as mayor of a first class city for at least ten years, he or she shall be entitled to a pension of one-half of ending salary when that retired mayor reaches the age of sixty, and a mayor serving twenty years may retire at any age at one-half salary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville hereby requests that the State Legislature amend A.C.A. §24-12-123 to remove such pension rights for mayors unless the city council of the mayor's city first approves such pension and such approval by the city council is submitted to and approved by vote of the citizens of that city. PASSED and APPROVED this 161" day of December, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer U & PENSIONS RETIREMENT & PENSIONS §24-12-123 24-12-123. First class city mayors (a)(1)(A) In all cities of the fust class in this state, ally person who shall serve as mayor of the city for a period of not less than ten (10) yeais, upon reaching age sixty (60), or any person who shall serve as mayor of the city for a period of not less than twenty (20) years, without regard to age, shall be entitled to retire at an annual retirement benefit during the remainder of the person's natural life,payable at the rate of one-half(�)of the salary payable to the mayor at the time of retirement. (B) The governing body of the city may provide by ordinance that any person who has served as mayor for a period of not less than ten(10)years may retire upon reaching age fifty-five(55)with the benefits provided under this section. (2) The retirement payments shall be paid monthly and shall be paid from the city general fund. (3) However,a mayor who has served as an elected official or employee of that city prior re from office for to or after the person's service as mayor shall count his or her service as an elected official or employee of that city towards the mayor's retirement as follows: :ion if the person (A)(i) At the rate of one(1)year of a mayor's retirement for each two (2)years served as an elected official or an employee of that city up to a maximum of an additional two(2) ' or years'credit towards a mayors retirement benefit; Aired for at least (ii) If authorized by a city ordinance, at the rate of one (1) year of a mayor's 3e will be added. retirement benefit for each two(2)years served as an elected official or an employee of ruing body of the that city up to a maximum of three (3) additional years' credit towards a mayor's retirement benefit if the person has not fewer than twenty(20)years of mayor's credit r clerk-treasurer and is at least fifty-two(52)years of age; or ' tin the provisions (iii) If authorized by a city ordinance, at-the rate of one (1) ,year of a mayor's •y salary received retirement benefit for each two(2)years served as an elected official or an employee of that city up to a maximum of four (4) additional years' credit towards a mayor's 2ount. retirement benefit if the person has not fewer than twenty(20)yedrs of mayor's credit erved in another and is at least fifty-four(54)years of age; and retirement plan, (B) Service as an elected official or as an employee of the city that is also covered ie vesting period under another retirement plan offered by the city or that is covered by another benefit provided for by law shall not be applied. towards the mayor's retirement benefits xplieable to the provided for under this section. - service in each (4) The minimum retirement benefits shall be two hundred fifty dollars($250)per month for both salaried and nonsalaried mayors. �r the provisions (5) On January 1 of each year,if a retiree under this section has been retired for at least clerk-treasurer twelve (12) full months, up to a three percent (3%,) cost-of-living increase will be added. z section or any (6) Subdivision(a)(5)of this section applies only if approved by the governing body of the easurer married city. he option of the (b)(1) On the death of any mayor retired under the provisions of subsection (a) of this "- ed city clerk or section or any other acts of the General Assembly, or any mayor who dies in office after y clerk or clerk- becoming eligible to retire under subsection (a) of this section or any other acts of the General Assembly,the spouse of the mayor married to the mayor for ten(10)years or longer may, at the option of the governing body of the city, receive one-half ('/z) of the retirement 1117, § 1; Acts benefit the retired mayor was receiving or one-half(%) of the retirement benefit the mayor J 2007, Act 293, who died in office was entitled to receive. (2) However,upon remarriage of the spouse,the benefits shall cease. (3) The provisions of this subsection are retroactive to November 1, 1983, at the sole discretion of the governing body of the city. (c) Any mayor retired prior to July 20, 1987,and receiving benefits under prior acts of the General Assembly shall be entitled to continue receiving benefits under the prior acts. Revision Commis- Acts of 1987, Act 414, f f .1 to 3; Acta of 1997,Act 212, § 1, eff.April 16, 2001; Acts of 2001, - Act 1615, § 1; Acts of 2001, Act 1700, § 1, ef)'Aug. 13, 2001; Acts of'2007, Act 293, ,§ 2, eJf. July 31, 2007. 189 a A. 17 Amend State Legislature A.C.A§24-12-123 Page 4 of 4 D. 13 New Coal-Fired Power Plants Page 1 of 2 RESOLUTION NO. A RESOLUTION AGAINST THE CONSTRUCTION OF NEW COAL-FIRED POWER PLANTS WHEREAS, the week of December 8-15, 2008 is being recognized as Local Climate Action Week by communities across the United States; and WHEREAS, the United Nations International Panel on Climate Change (IPCC) states that warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level; and WHEREAS, the IPCC states that carbon dioxide from the use of fossil fuels is the primary contributor to global climate change; and WHEREAS, the United States is responsible for 25 percent of global greenhouse gas emissions, and carbon dioxide from coal plants make up forty percent of the United States' total greenhouse gas emissions; and WHEREAS,the U.S. Department of Energy states that energy efficient choices can save the average American household about one-third on their energy bill with similar savings of greenhouse gas emissions, without sacrificing features, style or comfort, while offsetting the need for dozens of the proposed coal plants around the country; and WHEREAS, three coal-fired power plants have been proposed along the Arkansas- Oklahoma border and one is currently being constructed in Hempstead County, Arkansas; and WHEREAS, a majority of the electricity used by the City of Fayetteville and its residents is produced in coal-fired generating plants; and WHEREAS, the City of Fayetteville wishes to protect its citizens by ensuring clean and affordable electricity is available to every household and business; and WHEREAS, the American Council for an Energy-Efficient Economy ranked Arkansas 45th in energy efficiency; and WHEREAS, the City recognizes that energy efficiency complements existing policies related to development and natural resources conservation; including solid waste and recycling policies, City Plan 2025, and the Hillside/Hilltop Overlay District; and WHEREAS, the City of Fayetteville, Arkansas supports sustainable development by encouraging the expansion of energy efficient building practices. D. 13 New Coal-Fired Power Plants Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby supports an administrative or regulatory moratorium on the construction of new coal-fired power plants in Arkansas and requests that cost-effective energy efficiency improvements be required and prioritized before new plant construction. PASSED and APPROVED this 16th day of December, 2008. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer Nominating Committee Report Meeting: Monday, December 8, 2008 Room 326, City Hall 5:00 p.m. Members Present — Kyle Cook, Adella Gray, and Shirley Lucas Also present - Bobby Ferrell The Committee recommends the following candidates for appointment: Airport Board • David Hollman — One pilot term ending 12/31/13 • Janice Stanesic — One business term ending 12/31/13. Audit Committee • Judy Jacobs — One term ending 12/31/11. Environmental Concerns Committee • Amy Lamb — One community citizen at large term ending 12/31/11 • Cemantha Wolljung — One citizen at large term ending 6/30/10. Northwest Arkansas Reizional Airport Authority ` • Mike Johnson — One term ending 12/31/14 • Tim McCarley — One term ending 12/31/14. Parks and Recreation Advisory Board • Valerie Biendara — One term ending 12/31/10 • Steve Hatfield— One term ending 12/31/11 • Craig Mauritson — One term ending 12/31/10 • Steve Meldrum — One term ending 12/31/10 • Jim Meinecke — One term ending 12/31/11. Telecommunications Board • Andrew Mayes — One unexpired term ending 6/30/11. Tree and Landscape Advisory Committee • Cynthia Cope — One horticulture term ending 12/31/10 • Paula Larson — One citizen at large term ending 12/31/10. i City Council Meeting Minutes November 18, 2008 ! Page 1 of 11 Aldermen Mayor Dan Coody Ward I Position I — Adella Gray Ward 1 Position 2— Brenda Thiel City Attorney Kit Williams Ward 2 Position I — Kyle B. Cook Ward 2 Position 2 —Nancy Allen City Clerk Sondra Smith Ward 3 Position 1 — Robert K. Rhoads le Ward 3 Position 2— Robert Ferrell A R K A N14 A S Ward 4 Position I — Shirley Lucas Ward 4 Position 2— Lioneld Jordan City of Fayetteville Arkansas City Council Meeting Minutes November 18, 2008 A meeting of the Fayetteville City Council was held on November 18, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West' Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: AldermanFerrell and Alderman Lucas Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Presentation of Final Check from the Fayetteville Natural Heritage Association: Bob Caulk and Pete Heinzelmann presented the City with two checks from the Fayetteville Natural Heritage Association. One check was the final payment in the amount of $11 ,500 for their commitment regarding the Brooks Hummel property. The second check in the amount of $20,000 was for their final commitment to the Mount Sequoyah Woods property. City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 accessfayetteville.org City Council Meeting Minutes November 18,2008 Page 2 of 11 Robert Runyan, the builder of the Underwood Lindsey Pavilion in Mount Sequoyah Woods thanked the Natural Heritage Association for having the patience and confidence in him to allow him to do the project. Quarterly Report of Financial Condition of the City: City Clerk/Treasurer Sondra Smith presented the City with the Quarterly Financial Reports of the City dated September 30, 2008. Paul Becker, Finance and Internal Services Director gave a brief description of the report through September. He also discussed the Water and Sewer Fund and stated they will probably see an operating loss for the end of the year. General Fund revenues are exceeding expenditures by approximately $250,000 through September. I expect that we will end the year between $1'00;000 and $'1`50,000 revenues over expenditures. Mayor Coody announced that all agenda additions w be l'ced under the follong section Ix from this point forward. ., Agenda Additions: ;y Alderman Thiel: I would like to makea motion $ of reccenslder : e Bridgedale Plaza project. They changed the portion that upas objectionab 'e b ,�A e net borho`�od. R-PZD 08-3071 rid edale Plaza • An ordiilI ce establishin a Residential Planned Zoning A . District titled R-ZD 0"3071 Bri#gedale Plaza, 1' ated at the southeast corner of Highway 16 East and River Meadows��Dxlve> c¢ntammg appro3Mtely 15.95 acres; amending the official OV zoning 4 't of Faye tevilh ,�a�cf,ad ? ti Ig the associated Master Development Plan. This a , Chance fai` the 1Vo ber 6, ZDp$ City Council meeting. This ordinance was reca�ered at the Noe ber 18,t--20D8 City Council meeting. This ordinance was left on the thard e mg at the Nove ber 18, 2008 City Council meeting and then tabled to the December 2, 2008 ,ouncil meetzn Alderman Th' ed to rG resider R-PZD 08-3071 (Bridgedale Plaza). Alderman Gray seconded the motion.,,M UponMroll call the motion passed 6-0. Alderman Ferrell and Lucas were absent. wrlll Alderman Thiel: I will, let Jeremy go over the changes that have been made. Jeremy Pate: Director of Current Planning gave a description of the changes that have been. made. He stated the biggest change is that the entire area of multi-family has been removed and in its place single family dwellings are proposed. He stated if you choose to adopt this ordinance the language does not have to change, it would simply reflect the new conditions of approval and the new booklets and plats that you have in front of you. City of Fayetteville 113 West Mountain Fayetteville,Arkansas 72701 accessfayetteville.org j City Council Meeting Minutes November 18,2008 j Page 3 of I I Dave Jorgensen, the developer gave a brief description on the reduction of density for the proj ect. Alderman Thiel: I don't know whether or not the people got the message. I feel like they will be okay with this and I support it because it does have some mixed use. I feel like they will be supportive of it. Alderman Gray: I agree we should make sure that we hear from the neighborhood. Dave Jorgensen: I appreciate your reconsideration of the project and I understand that. City Attorney Kit Williams: Probably before you table it you should amend the conditions of approval and the booklets and plat that has been submitted to this one so we know what we are talking about at the next meeting. Alderman Thiel moved to amend the Conditions of Approval. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell andLucaswere absent. Alderman Thiel moved to table the ordinance to the December 2, 2008 City Council meeting. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell and Lucas were absent. This ordinance was left on the Third Reading and Tabled to the December 2, 2008 City Council meeting. Consent: Approval of the October 28, 2008 Special City,Council meeting minutes. Approved Cherokee Nation: A resolution approving a budget adjustment in the amount of$175,000.00 to the solid waste fund and recognizing like revenue from the Cherokee Nation for reimbursement of costs associated with operation of the transfer station through the end of FY2008. Resolution 214-08 as Recorded in the office of the City Clerk Fayetteville Police Department Donations: A resolution approving a budget adjustment in the amount of $3,950.00 recognizing donation revenue to the Fayetteville Police Department from various sources. Resolution 215-08 as Recorded in the office of the City Clerk 2007 & 2008 Gulf Coast High Intensity Drug Trafficking Area Grant: A resolution authorizing the Fayetteville Police Department to accept the sub-recipient portion of the 2007 and 2008 Gulf Coast High Intensity Drug Trafficking Area Grants in the respective amounts of City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 accessfayetteville.org City Council Meeting Minutes November 18,2008 Page 4 of 11 $4,000.00 and $10,000.00 for overtime reimbursement; and approving a budget adjustment recognizing these grant revenues. Resolution 216-08 as Recorded in the office of the City Clerk Alderman Cook moved to approve the Consent Agenda as read. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell and Alderman Lucas were absent. Unfinished Business: Hiring Freeze: Hiring Freeze Appeals: None f�f. New Business: ,14 a2r� Amend Chapter 164, ADM 08-3094 (UDC Chapter X64.04 An><mals & Fowl):�� ordinance amending the Unified Development Code by repealingra ` rneplacng Chapter 1644: Animals s: and Fowl, to permit a property owner, to keep a maximum of four chickens (hens) within residential districts of the city, subject to the restrictions herein City Attorney Kit Williams read the ordinance. rz v V; Jeremy Pate gave a brief,,,,"," cri'ption of the ism <' e state 'this particular ordinance is to allow a certain number of ck> ckens wlthln the CityPlanning Conriission voted 6-2 and staff is in i `," favor of this ordinance ' x" Alderman Thiel I am glad lie pa ted, out that cu e tly there are ordinances that do not allow people to ha +~ s rr ens T recelved 's wallout the raised coops and not necessarily speclf _ a mlmm en slzecuirementsdefinitely plan to make amendments to this base; their input. � M a&rnw, d fZ V &1 ZI Joe Alexa dei, a resident s1i` e in favp of the ordinance and stated this proposal is a small step in the right� ection. I wol like o see it go forward. I support expanded rights to raise animals. He staf% that anytlxig reasonable and constructive that anyone wants to do on their property : nod eprohib' e1d by law. .I think the law should allow it as much as possible and yY not restrict it. Don I be a hurry to pass this which is still restrictive but give more consideration to a more expanded bill. Laura Kelly, a citizen spoke in favor of the ordinance. She stated this is very educational for the neighbors and the kids and all the people involved. The animals are much healthier and it is a safer source of food for all of us. Kelly Roark, resident of 631 West Skelton Street spoke on the positive benefits that chickens have for communities. She gave some facts about chickens. She stated one of the things I would like to see is an amendment for the distance allowance. She stated 25 feet is what is most common in other municipal codes. She stated that entirely raised structures for chickens are City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 accessfayetteville.org City Council Meeting Minutes November 18,2008 Page 5 of 11 inappropriate and not good for the health of the birds. She passed out pictures of some of the coops that are being used in a city she was previously living in. Jesse Roseban, a citizen stated the proposal is a great idea but there are some things he would like to see amended in Chapter 92 of the Animal Code. It should be made more specific to deal with the changes that are being made or proposed. What has Code Compliance's input been on the issue and what kind of input has there been from Animal Control? He expressed his concerns with Chapter 92 and stated I would like to see it updated and amended. Eva Madison, a member of the Humane Society of the Ozarks Board expressed the concerns of the board members. She stated we should leave the R-A zoning the way it is and allow the new ordinance to take effect for the other zoning areas to which, it might apply. We are concerned about the confinement requirements and what is going to happen with those who currently have chickens that will be restricted after this ordinance. Alderman Thiel: They are not lawfully allowed. It is complaint driven and floe neighbors have just not complained about it. Eva Madison: I understand in R-A they were allowed: Alderman Thiel: In R-A they will still be allowed. This doesn't change that. Eva Madison: I think our concern is that if someone is currently violating the law there should be no issue of grandfathering. It is the areas in the city where zoning currently allows chickens that we are going to now impose restrictions. City Attorney Kit Williams: T don't think that was the intent. The exhibit where it talks about grandfathering in, if you would just add in non R-A: zones, that was always the intent of this not to affect residential agricuitural zones. . Alderman Thiel: Section "B" specifies it clearly that with the exception of R-A. Jeremy=Pate: That sentencers also m Section "D". Alderman Thiel: So it's actually already in there twice. Eva Madison: I don't have that in front of me but the second paragraph seemed to suggest that we are changing some historical perspective on things. I came into this late. Alderman Thiel: I don't think we are going to start hunting around the City. Eva Madison: I think that addresses one of the concerns and the other one would be requiring them to be off the ground. Alderman Thiel: This has to the Council, back to Ordinance Review, and then back here. So this has been discussed now for about two or three months. I am sorry that you all weren't aware of that sooner. City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 accessfayetteville.org City Council Meeting Minutes November 18,2008 Page 6 of 11 Dr. Brandon Doss, representing the Arkansas Livestock and Poultry Commission discussed poultry health and disease. We would like to suggest an amendment to the ordinance to include a requirement for individuals who are going to house these birds to register their premises. They would fill out this form and mail it to us which would enable us, if we did. have an outbreak of a ..,serious disease, to be able to locate the birds and have them tested within 48 hours. Alderman Thiel: Are you requiring this in Rogers? Dr. Brandon Doss: I have no knowledge of that. Alderman Thiel: I guess they just passed theirs and no one noticed it? Dr. Brandon Doss: I just found out about it this afternoon. City Attorney Kit Williams: Can I have a copy of your form?` Dr. Brandon Doss: Certainly. Alderman Thiel: Our Animal Shelter Director is ge „eady td speak to that, ''The Animal Services division was involved in drafting this. Jill Hatfield, Animal Services Director We deal with all kinds bf livestock and wildlife right now. This is something that we would loaksat ~ We will CO ill ad ss that as we get calls or if we have complaints and there are people that fee�,�I' they are dot being cared for properly. F Mayor Coody: Kit do you have ayway that we eau"process tlusform? ' vF �� N ag �ii Z City Attorney Kit Wi City Council Meeting Minutes November 18,2008 Page 7 of 11 Evan Nehouse, a citizen referenced the issue regarding 40 feet away from a neighboring structure. He pointed out that there were a lot of lots that would definitely restrict a lot of the people who might have a poor income and might really be able to use this type of a thing. Alderman Thiel: We can make these amendments whenever we get finished. Mandy Cox, a citizen asked if you have to do paperwork if you give your eggs to your neighbors. I would like to know what all is involved in the Animal I.D. System. She referenced a petition with 300 signatures in support of having chickens in Fayetteville and she stated the petition had been turned into the City Clerk's office. Mayor Coody: My impression of the Animal I.D. isn't that each,:chicken would be identified with a radio chip but that they might know where these farms are, so that if there were an outbreak they could check where the disease originated Todd Jacobs, a citizen. I support the chicken ordinance. I have never heard any complaints. The only item that causes me some concerns islii ib ft0 foot distance that you Have to keep from the residential house. I would like to see the possibility,of hau , g at reduced dowxl from 40 to 30 or 20 which would have a little more flexibility. � , Mw Alderman Thiel: I asked Mandy to do the petition.and there was a lot of support for this and I appreciate that. I don't think we need to pass this tonight but T yvould like to make a couple of amendments that have been suggested. I, #bink we should waltTon'Ihe registration and get a clearer picture of that. We need to add sectlrc enclose# and theniminate constructed at least two feet above the surface o the ground in Sectiof #5. v Iwofld#also like to change it to 25 feet F �lqy , � like it was originally s l Alderman Rhoads Ar`e we gomy K o find out whaf the minimum is? Alderma T x'finitove surface part. Jill, ><eld: We to qua .k d at the - r 1nances for back yard flocks and it's usually two to four sre ,e the coop pe �C,.�cken.� �,,, , d�talked about 10 X 10 for the pen itself Alderman T If the perso =.does not have a fenced yard. Jill Hatfield Righ � i.z Alderman Thiel: You know we took this to Ordinance Review and if we would have had some of these comments we could have fine tuned this then. I would like to make amendments and then if someone has comments before the next meeting we can hear that. The suggestion would be a minimum of 4 square feet per chicken for the coop. Jeremy Pate read Section #5 as it would be amended. Alderman Allen: Is there a maximum size of the pen. Someone could say that their entire back yard as long as it is fenced in is a pen. City of Fayetteville 113 West Mountain Fayetteville,Arkansas 72701 accessfayetteville.org City Council Meeting Minutes November 18,2008 Page 8 of 11 Alderman Thiel: As long as it is 25 feet from someone else's property then yes. Alderman Allen: Jeremy when you researched other cities what was the rational for the off the ground pen? What are your reasons for recommending that the pen be off the ground? Jeremy Pate: One was some of the pens are made for when they are cleaned out they have a solid bottom and their tray can slide out. The more popular reason was for predatory reasons. Alderman Allen: Do we feel like this is something that Code Compliance can even keep up with? Alderman Thiel: It is not Code Compliance it is going to be in Aminal Services. Alderman Allen: Do we have enough man power because sometimes we end up with rules that can't be enforced. Mayor Coody: We will put our best people oto%ti �V s;.y Alderman Thiel: I would like to pass the amendments°sh onefly went over the'amendments again and asked Jeremy to read the section again. Jeremy Pate read the section as it would lie amended. ON James Barton: I think it is appropriate tegislat `etb"ticks and the ability to possess or not possess a certain t e oftammal but to start roscnf acuia husband practice is outside p YP p g p p: n' the scope of a City and should pxobably be lethe USDA or a national organization. Alderman Rhoads: Wilt a ,part 1s, `b husbandry p -dice? a AN ft ," 10 James Ba any a 's s ize o�`� pen, vvvitl shn ook like, and whether it should be raised off the graunc 'a A v ` Al` e>rma Rhoads: I thi at 1s "'bre reason to leave it on this reading and see. y5 �� Alderman ')Whitely: 1 dont thi , we are trying to tell anyone how to raise chickens. We are just ,rte trying to enabl ft,§pple to hav thickens in such a way that it is humane for the chickens and that is safe for the neig tUs. James Barton: It would be much simpler ordinance if the husbandry practices were deleted because there is a number of ways to raise chickens. Alderman Thiel: I think there would be a lot of neighbors concerned if we just allowed four chickens in the,back yard regardless of any conditions at all. I think we do need to have some. James Barton: The humaneness could be forced through the animal shelter correct? Mayor Coody: I believe so yes. City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 accessfayetteville.org City Council Meeting Minutes November 18,2008 Page 9 of 11 Jesse Roseban: He mentioned humaneness and I don't see any mention of the existing proposal humane methods of killing. I am assuming the animals are for food purposes and it does not mention how or when they should be killed except that they have to be killed inside. I would again like to mention the revision of Chapter 92 if the animal shelter has been working on this with you guys, Chapter 92 needs to be looked at. In Chapter 92 there is nothing to prevent the slaughter of dogs and cats let alone chickens. Mandy Cox: The part where the chickens have to be in the coop when the owners are not at home, the only problem with that is it is like raising chickens in a,chicken house. It kind of makes the whole idea of having chickens in your back yard very attractive. They need space to get out and should not be confined so much of the time. Alderman Allen asked to hear the amendments again. After'hearing the amendments she stated I do not feel like I have enough information. I am going to,presume that your amendment is fair. Alderman Thiel: They can still run in the back yard. Alderman Thiel moved to add Section C. #5 stating that 'all hens must be kept m an enclosed structure and to amend Section #6 to state fee froany residentifil structures. Alderman Gray seconded the motion. Upon roll ca11N the, motion passed 6-0. Alderman Ferrell and Alderman Lucas were absent. h . Alderman Thiel: I want people to send us enrolls about any chft&§s that they want. We will also be considering the registration of the pr ises and h � that sho l�d be worded. This ordinance was left on the First Reading ^ , ary `ig Residential Trash Servic-diar ance waive : he automatic annual price increase for AP residents as el 'ce for fi c eara2 9. w P PAb+ City A' rney Kit William -,read t p danance. Mayor Cobdy: Our Solid to D>v>slon has been running very efficiently and we do not feel the need to mc�rease the fees e n though we have allowed it every year. Alderman Cook m©ved to sf end the rules and go to the second reading. Alderman Thiel tiyr° seconded the mot><on i7on roll call the motion passed 6-0. Alderman Ferrell and Alderman Lucas wereabsent. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. Alderman Ferrell and Alderman Lucas were absent. City Attorney Kit Williams read the ordinance. City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 accessfayetteville.org