Tuesday, September 17, 2013

Council meeting agenda 17 sept 2013

Mayor Lioneld Jordan

City Attorney Kit Williams

City Clerk Sondra Smith
Ward 1 Position 1 – Adella Gray
Ward 1 Position 2 – Sarah Marsh
Ward 2 Position 1 – Mark Kinion
Ward 2 Position 2 – Matthew Petty
Ward 3 Position 1 – Justin Tennant
Ward 3 Position 2 – Martin W. Schoppmeyer Jr.
Ward 4 Position 1 – Rhonda Adams
Ward 4 Position 2 – Alan Long

Final Agenda
City of Fayetteville Arkansas
City Council Meeting
September 17, 2013

A meeting of the Fayetteville City Council will be held on September 17, 2013 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:

City Council Meeting Presentations, Reports and Discussion Items:

1.Advertising and Promotion Commission Appointment - The Commission recommends the appointment of Tim Freeman term ending 03/31/16

2.Historic District Commission Appointment - The Mayor recommends the appointment Laura Chioldi term ending 06/30/14 and Steven Kay 06/30/16

3.Nominating Committee Report

Agenda Additions:


1.Approval of the September 03, 2013 City Council meeting minutes.

2.Bid #13-46 Fochtman Enterprises, Inc.:  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.

3.Sprint/Nextel Property Services Amendment No. 1: 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.

4.Bid #13-48 B & A Property Maintenance:  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.

5.2nd Quarter Animal Services Donation Revenue:  A resolution approving a budget adjustment in the total amount of $21,243.00 representing donation revenue to the Animal Services Division.

6.2013 Edward Byrne Memorial JAG Local Assistance Award:  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.

7.Hazmat Services Revenue:  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.

8.Hazmat Services Revenue:  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.

9.Fayetteville Fire Department Administrative Operating Procedures:  A resolution to approve and adopt the Fayetteville Fire Department Administrative Operating Procedures.

10.Solid Waste and Recycling Extension Agreements:  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.

B.Unfinished Business:  None

C.Public Hearing:

1.Public Facilities Resolution Ratification:  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.

D.New Business:

1.RZN 13-4461 (123 E. Cleburn St./Stover):  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.

2.VAC 13-4459 (201 W Mountain St.):  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.

3.VAC 13-4460 (423 Prairie Ave):  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.

4.Beaver Watershed Alliance:  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.

5.Amend Chapter 34 Finance and Revenue:  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.

6.2013 Millage Levy:  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.

7.Sales and Use Tax Capital Improvement Bonds, Series 2013:  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.

8.Kum & Go, L.C.:  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.

9.Economic Development Contract for Services Renewal:  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.

10.Amend §164.11 Height and Setback Regulations; Exceptions:  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.

11.Cleveland Street Improvements Appeal:  A resolution to grant the appeal of Alderman Alan Long concerning a recommendation of the City Council Transportation Committee concerning Cleveland Street Improvements.

E.City Council Agenda Session Presentations:

1.General Fund Budget Discussion -Paul Becker, Finance Director and Internal Services Director

F.City Council Tour:



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