On the agenda
- New rules for local election initiatives and referendums.
- Razing and removal of a dilapidated structure on Eagle Street.
- Public hearings to discuss the public convenience and necessity of up to six taxicabs and three limousines.
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 17, 2015 inside room 219 of the City Administration Building, located at 113 W. Mountain Street in Fayetteville.
Listed below are the items up for approval and links to downloadable PDFs for more information on each item of business.
Roll Call
Present: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long
Absent: None
City Council Meeting Presentations, Reports and Discussion Items
1. Nominating Committee Report – Mark Kinion
City Board of Health – Robert Patton
Fayetteville Public Library Board of Trustees – Maylon Rice
Animal Services Advisory Board – Jill Hopkins, Alyson Low
Audit Committee – No applicants
Board of Adjustments – Scott Blacksher, Catherine Baker, Porter Winston
Construction Board of Adjustments and Appeals – Porter Winston
Planning Commission – Ryan Noble, Matt Hoffman, Tom Brown
Telecommunications Board – Zak Tamijani
Town and Gown Advisory Committee – No applicants
Consent
Consent items are typically approved in a single, all-inclusive vote.
1. Approval of the March 3, 2015 City Council meeting minutes.
– Pass 8-0
2. Gulf Coast High Intensity Drug Trafficking Area funding (PDF): A resolution to authorize acceptance of funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $116,644.00 for the Police Department, and to approve a budget adjustment.
– Pass 8-0
3. Fayetteville Police Department Policies (PDF): A resolution to approve Fayetteville Police Department Policies 1.2.1 Limits of Authority; 1.3.1 Use of Force; 1.3.4 Less Lethal Weapons and Defensive Tactics; 46.1.10 Active Threats; 48.1.1 Next of Kin Notifications/Assistance Services; and 71.1.1 Detainee Transport.
– Pass 8-0
4. Yvonne Richardson Community Center – Sport Court (PDF): A resolution to authorize a contract with Sport Court in the amount of $54,785.00 pursuant to the tips/taps interlocal purchasing system contract for the purchase and installation of new gymnasium flooring at the Yvonne Richardson Community Center, to approve a project contingency in the amount of $5,089.32, and to approve a budget adjustment.
– Pass 8-0
Unfinished Business
1. Enact Article III Procedure to Exercise Initiative and Referendum Rights of Chapter 36: Elections (PDF): An ordinance to enact Article III Procedure to Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville code to clarify the proper procedure for the citizens’ right of the initiative and referendum.
– Left on the second reading*
*This item was left on the second reading, but not before an amendment was proposed to remove the city attorney’s review and correction process.
The original ordinance was written to mirror state law which spells out how both state and county referendums should be written, meaning the City Attorney would be charged with making sure any municipal referendums match those rules before an election occurs – just like the state Attorney General does with state referendums.
However, the state legislature is expected to pass new rules for county referendums that could be in conflict with state referendum rules. Because of this possible conflict, City Attorney Kit Williams suggested a city attorney not be put in the position to decide which part of the state law should be followed, but rather put that burden on the petitioner.
“I would not be very comfortable trying to make that decision on my own,” said Williams. “I had hoped it would simple and clear…but it looks like that is something that won’t be possible.”
The City Council decided to wait until a decision is made on the state level before taking any further action.
2. Raze and Removal Kenneth C. and Wanda L. Easterling (PDF): A resolution to order the razing and removal of a dilapidated and unsafe structure owned by Kenneth C. and Wanda L. Easterling located at 909 W. Eagle Street in the City of Fayetteville, Arkansas, and to approve a budget adjustment.
– Fail 8-0*
*The Easterlings cleaned and repaired the property, so forced razing and removal is no longer needed.
Public Hearing
1. Destiny Limousines, LLC dba Ambassador Transportation Services (PDF): A resolution to grant a Certificate of Public Convenience and Necessity to Destiny Limousines, LLC dba Ambassador Transportation Services for the operation of two (2) to six (6) taxicabs in the City of Fayetteville.
– Pass 7-1*
* Alderman Schoppmeyer voted against.
2. College Town Limo (PDF): A resolution to grant a Certificate of Public Convenience and Necessity to College Town Limo for the operation of one (1) to three (3) limousines in the City of Fayetteville.
– Pass 8-0
New Business
1. VAC 15-4948 (3215 N. North Hills Drive/WRMC Women’s Clinic) (PDF): An ordinance approving VAC 15-4948 submitted by USI Consulting Engineers for property located at 3215 N. North Hills Drive to vacate portions of existing utility easement.
– Pass 8-0
Announcements
– A groundbreaking ceremony for the city’s new regional park is planned for 12:30 p.m. Wednesday, March 18. Tents will be set up in the event of rain.
– A bulky waste collection event is planned for Saturday from 7 a.m. to 2 p.m. at Owl Creek Elementary and at the city’s recycling facility.
Adjourned
This meeting was adjourned at 7:29 p.m.
