LIVE UPDATES: City Council recap: Sept. 3, 2013

Agenda highlights

  • Regulations for companies that put boots on people’s cars in the downtown and Dickson Street areas.
  • A $60,200 budget adjustment to provide funding for various improvements to the Fayetteville Animal Shelter.
  • Removing the Nominating Committee from the list of meetings that can be recorded or televised by the Fayetteville Government Channel.
  • Rezoning 4.66 acres at 2468 N. Crossover Road from Residential Single-Family to Residential Office.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 6 p.m. Tuesday, Sept. 3, 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: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long
Absent: None

Consent

1. Approval of the Aug. 20, 2013 City Council meeting minutes.
Pass 8-0

2. 2013 Community Development Block Grant (PDF): A resolution approving a budget adjustment in the total amount of $46,209 recognizing a 2013 Community Development Block Grant revenue increase.
Pass 8-0

3. Transportation Department Message Sign (PDF): A resolution approving a budget adjustment in the amount of $14,500 for the purchase of a portable changeable message sign for the Transportation Department.
Pass 8-0

4. What My Eyes Have Seen Photography (PDF): A resolution awarding RFP #13-12 and authorizing a contract with What My Eyes Have Seen Photography for the provision of Parks and Recreation Department youth soccer and softball team and individual photographs.
Pass 8-0

5. Planet Footprint Utility Bill Management Software (PDF): A resolution approving a budget adjustment in the total amount of $1,987.00 to allow purchase of Planet Footprint Utility Bill Management Software.
Pass 8-0

6. Bid #13-36 Mahoney’s Equipment, LLC (PDF): A resolution awarding Bid #13-36 and authorizing the purchase of one (1) 3T Equipment Prowler Easement Machine with Doolitle Trailer from Mahoney’s Equipment, LLC of Arnold, Missouri in the amount of $48,536 for use by the Water and Sewer Division, and approving a budget adjustment.
Pass 8-0

7. Ozark Regional Transit Bench and Transit Shelter Pads (PDF): A resolution approving a memorandum of understanding with Ozark Regional Transit as a sub-grantee for a Federal Transit Administration Grant in the amount of $154,315.08 to fund bench and transit shelter pads and sidewalks, and approving a budget adjustment.
Pass 8-0

Unfinished Business

1. RZN 13-4410 (2468 N. Crossover Rd./Lynnwood Estates) (PDF): An ordinance rezoning that property described in rezoning petition RZN 13-4410, for approximately 4.66 acres located at 2468 North Crossover Road from RSF-2, Residential Single-Family, 2 units per acre, to R-O, Residential Office subject to a Bill of Assurance. This ordinance was left on the Second Reading at the Aug. 20, 2013 meeting.
Fail 7-1*
* Alderman Petty voted for the item. Instead of rezoning the property to Residential Office, Petty suggested an amendment to rezone the property to the smaller-scale, form-based Neighborhood Services code. He said residents were concerned that a large commercial center might end up on the property instead of a small office, so he suggested the new code as “a good middle ground.” Because the applicant has included a bill of assurance that no large-scale developments would be built, Petty said Neighborhood Services would require large projects to first go through the Planning Commission and receive a conditional use permit. Residential Office, he said, does not have scale limitations. Aldermen Tennant and Marsh commended Petty’s plan, but said it was the wrong area for any type of commercial use.

New Business

1. §72.73 Regulation of Wheel Clamps or Booting (PDF): An ordinance to enact §72.73 Regulation of Wheel Clamps or Booting on private pay to park lots within the Entertainment District Parking Zone and the Downtown Business Parking District Zone into the Fayetteville code.
Pass 8-0
* Amended to require background checks that restrict anyone convicted of a violent or sexual crime from being employed at a booting company. Kim Christian, an employee with Hawkeye Towing, said she and one other woman are the only current employees that work in parking lots where boots are used. She said all of the regulations are fine, but the $40 maximum fee would “cost us our jobs.” Alderman Kinion offered an amendment to increase the maximum fee to $60, but no other council members seconded the motion. Alderwoman Adams asked whether the employees’ boss told them directly that they’d lose their jobs if the regulations passed. The answer was “no.”

2. Amend §72.70 Application of the Parking Regulations Chapter (PDF): An ordinance to amend §72.70 Application of the Parking Regulations Chapter of the Fayetteville Code to extend the application of Nonconsensual Towing Regulations for Private Pay to Park Lots to the Downtown Business District Parking Zone.
Pass 8-0

3. §96.02 Unreasonable or Excessive Noise Prohibited (PDF): An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to restrict late night construction activity noises near residences.
Pass 8-0

4. §94.06 Flammable and Combustible Liquids (PDF): An ordinance amending Section 94.06 Flammable and Combustible Liquids; Liquefied Petroleum Gases of the Code of Fayetteville to permit above-ground propane and natural gas tanks for the exclusive purpose of fueling vehicles.
Pass 8-0

5. Revolving Fund for Interdepartmental Resource Efficiency Loans (PDF): A resolution to request the Fayetteville City Administration to investigate the feasibility and potential operational benefits of establishing a Revolving Fund for Interdepartmental Resource Efficiency Loans.
Pass 8-0

6. Fayetteville Animal Shelter Funding (PDF): A resolution to place within the 2014 Budget $60,200 to provide funding for various improvements to the Fayetteville Animal Shelter.
Tabled indefinitely*
* Aldermen Kinion and Petty said they understand the importance of the needed funds, but they don’t like the idea of setting a precedent for adding something to the budget before budget talks actually begin. Alderman Tennant said since the Animal Services Advisory Board was in favor and since Mayor Jordan co-sponsored the resolution, it’s very likely that the funds will be added during the 2014 budget process.

7. Fayetteville Government Channel’s Mission Statement Amendment (PDF): A resolution amending the Fayetteville Government Channel’s Mission Statement, Goals Statement and Operating Policies, as approved by Resolution No. 180-10, to prohibit the recording or televising of meetings of the Nominating Committee of the City Council by the Fayetteville Government Channel.
Tabled until Oct. 1*