ADJOURNED: City Council recap: Sept. 17, 2013

Agenda highlights

  • Appointments to several boards, committees and commissions.
  • An ordinance to continue the existing tax on real and personal property.
  • Approval of a two-year Economic Development Services contract with the Fayetteville Chamber of Commerce.
  • An ordinance to amend some height and setback regulations.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 6 p.m. Tuesday, Sept. 17, 2013 inside room 219 of the City Administration Building, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval, action taken and links to downloadable PDFs for more information on each item of business.


Roll Call

Present: Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long
Absent: Adella Gray

City Council Reports

1. Advertising and Promotion Commission Appointment (PDF): The Commission recommends the appointment of Tim Freeman for a term ending 03/31/16.
Pass 7-0

2. Historic District Commission Appointment (PDF): The Mayor recommends the appointment Laura Chioldi for a term ending 06/30/14 and Steven Kay for a term ending 06/30/16.
Pass 7-0

3. Nominating Committee Report (PDF): The committee recommends several candidates for various positions.
Pass 7-0


Consent

1. Approval of the Sept. 3, 2013 City Council meeting minutes.
Tabled*
* Tabled until the next meeting at the request of the City Clerk

2. Bid #13-46 Fochtman Enterprises, Inc. (PDF): A resolution awarding Bid #13-46 and authorizing a contract with Fochtman Enterprises, Inc. in the amount of $711,833.70 for water and sewer improvements along Razorback Road from Martin Luther King Jr. Boulevard to Nettleship Street, approving a project contingency of $75,000.00, and approving a budget adjustment.
Pass 7-0

3. Sprint/Nextel Property Services Amendment No. 1 (PDF): A resolution approving Amendment No. 1 to the communication site lease agreement with Sprint/Nextel Property Services for cell antenna space on the Markham Water Tank on Sang Avenue.
Pass 7-0

4. Bid #13-48 B & A Property Maintenance (PDF): A resolution awarding Bid #13-48 and authorizing a contract with B & A Property Maintenance in the amount of $28,220.00 for tree planting and maintenance, and approving a ten percent (10%) project contingency.
Pass 7-0

5. 2nd Quarter Animal Services Donation Revenue (PDF): A resolution approving a budget adjustment in the total amount of $21,243.00 representing donation revenue to the Animal Services Division.
Pass 7-0

6. 2013 Edward Byrne Memorial JAG Local Assistance Award (PDF): A resolution authorizing acceptance of the 2013 Edward Byrne Memorial JAG Local Assistance Award in the total amount of $69,977.00, and approving a budget adjustment.
Pass 7-0

7. Hazmat Services Revenue (PDF): A resolution approving a budget adjustment in the total amount of $6,610.00 to recognize hazmat services revenue through August 2013 and to increase the related expense budget.
Pass 7-0

8. Hazmat Services Revenue (PDF): A resolution approving a budget adjustment in the total amount of $3,314.82 representing hazmat services revenue received through August 2013 and increasing the related expense budget.
Pass 7-0

9. Fayetteville Fire Department Administrative Operating Procedures (PDF): A resolution to approve and adopt the Fayetteville Fire Department Administrative Operating Procedures.
Pass 7-0

10. Solid Waste and Recycling Extension Agreements (PDF): A resolution to approve one year extension agreements with Deffenbaugh Industries, Hog Box, Waste Management of Northwest Arkansas, and Allied Waste Services of Bella Vista to haul and dispose of solid waste and recycling in Fayetteville in exchange for a franchise fee of 10% and to authorize or ratify Mayor Jordan’s execution of such contracts.
Pass 7-0


Unfinished Business

None


Public Hearing

1. Public Facilities Resolution Ratification (PDF): A resolution ratifying the resolution of the Fayetteville Public Facilities Board which approved a Revenue Bond (Butterfield Trail Village Project), Series 2013 in a principal amount of not to exceed $8,000,000; and prescribing other matters pertaining thereto.
Pass 7-0


New Business

1. RZN 13-4461 (123 E. Cleburn St./Stover) (PDF): An ordinance rezoning the property described in rezoning petition RZN 13-4461, for approximately 0.20 acres, located at 123 E. Cleburn Street from C-2, Thoroughfare Commercial, to DG, Downtown General.
Pass 7-0

2. VAC 13-4459 (201 W Mountain St.) (PDF): An ordinance approving VAC 13-4459 submitted by William Rudasill for property located at 201 W Mountain Street, to vacate a portion of a right-of-way and utility easement, a total of 413 square feet.
Pass 7-0

3. VAC 13-4460 (423 Prairie Ave) (PDF): An ordinance approving VAC 13-4460 submitted by Jacobs Newell Company for property located at 423 Prairie Street, to vacate an access easement, a total of 0.02 acres.
Pass 7-0

4. Beaver Watershed Alliance (PDF): An ordinance waiving the requirement for bids by applying §34.23(F) Purchases and Contracts Not in Excess of $20,000.00 of the Fayetteville Code of Ordinances and approving a contract with the Beaver Watershed Alliance in the amount of $10,000.00 to assist in the improvement of water quality in the Beaver Lake Watershed.
Pass 7-0

5. Amend Chapter 34 Finance and Revenue (PDF): An ordinance amending Chapter 34: Finance and Revenue of the Fayetteville Code to enact §34.10 Temporary Cash Transfers Related to Reimbursable Grants to provide a cash flow mechanism for reimbursable grants.
Pass 7-0

6. 2013 Millage Levy (PDF): An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2013 fixing the rate thereof at 1.3 mills for General Fund operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas.
Left on the second reading

7. Sales and Use Tax Capital Improvement Bonds, Series 2013 (PDF): An ordinance authorizing the issuance and sale of the City’s Sales and Use Tax Capital Improvement Bonds, Series 2013, for the purpose of financing a portion of the costs of certain street improvements; authorizing the execution and delivery of a Third Supplemental Trust Indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a Continuing Disclosure Agreement; and prescribing other matters relating thereto.
Pass 7-0

8. Kum & Go, L.C. (PDF): A resolution to approve the Third Amendment to land sale agreement with Kum & Go, L.C. to extend the closing date to no later than February 12, 2014 and to agree to equally share the costs of a new traffic signal.
Pass 6-0*
* Alderwoman Sarah Marsh did not vote

9. Economic Development Contract for Services Renewal (PDF): An ordinance to waive formal competitive bidding, to approve a two year Economic Development Services contract with the Fayetteville Chamber of Commerce in the total amount of $330,000.00 and to approve a budget adjustment. – Pass 7-0

10. Amend §164.11 Height and Setback Regulations; Exceptions (PDF): An ordinance to Amend §164.11 Height and Setback Regulations; Exceptions to enhance livability through appropriate transitions in building scale and to protect access to air and sunlight and to enact an emergency clause.
Left on the first reading

11. Cleveland Street Improvements Appeal (PDF): A resolution to grant the appeal of Alderman Alan Long concerning a recommendation of the City Council Transportation Committee concerning Cleveland Street Improvements.
Tabled*
* Tabled indefinitely at the request of Alderman Alan Long