City Council

Cabot City Council Meeting Ward 1 Eddie Long Michael Jones Mayor Ken Kincade Ward 2 Stephen Redd Brandon Hillenburg Clerk~Treasurer Tammy Yocom Ward 3 Maggie Cope James Reid City Attorney Ben Hooper Ward 4 Matt Webber Ron Waymack November 1, 2021 6:30 p.m. Veterans Park Event Center "There Is No Limit To The Amount Of Good You Can Do If You Don't Care Who Gets The Credit." ~Ronald Reagan~ This Page left Blank  CABOT CITY COUNCIL November 1, 2021 @ 6:30 p.m. Veterans’ Park Event Center 508 North Lincoln Street, Cabot Arkansas 72023 Mayor Ken Kincade AGENDA 1. Call To Order – Mayor Kincade 2. Opening Prayer – Ed Long 3. Pledge Of Allegiance – Maggie Cope 4. Roll Call 5. Mayoral Presentation – Proclamation Presented To Berklee Turner • Letter Of Recognition, State Flag (Flown Over The State Capitol On October 13, 2021, And Congressional Coin – Presented By Representative Brian Evans • Letter Of Recognition, And Senate Coin – Presented By Senator Ricky Hill 6. Read Ordinances And Resolutions By Title Only 7. City Council Old Business a) Ordinance No. 38 Of 2021 – An Ordinance To Amend Ordinance No. 31 Of 2019; And For Other Purposes (2nd Reading) b) Ordinance No. 39 Of 2021 – An Ordinance To Repeal Certain Sections Of The Code Of Cabot; To Amend Certain Sections Of The Unified Development Code; And For Other Purposes (2nd Reading) 8. City Council New Business 9. Community Input 10. Adjournment This Page left Blank  City Council Meeting Minutes "There Is No Limit To The Amount Of Good You Can Do If You Don't Care Who Gets The Credit" ~Ronald Reagan~ 1 2 3  Ordinance No. 38 of 2021 An Ordinance To Amend Ordinance No. 31 Of 2019; And For Other Purposes (2nd Reading) "There Is No Limit To The Amount Of Good You Can Do, If You Don't Care Who Gets The Credit" ~Ronald Reagan 4 This Page left Blank 5 6 7 8 9 10 11  Ordinance No. 39 Of 2021 An Ordinance To Repeal Certain Sections Of The Code Of Cabot; To Amend Certain Sections Of The Unified Development Code; And For Other Purposes (2nd Reading) "There Is No Limit To The Amount Of Good You Can Do, If You Don't Care Who Gets The Credit" ~Ronald Reagan 12 This Page left Blank 13 14 15 16 17 18 19 20 21  Instructions for Obtaining a Firework’s Permit in the City of Cabot, Arkansas 1. Complete an application obtained from the Public Works office at #1 City Plaza, Suite A. (501-843-4819) 2. Commercial applicants must obtain $1 Million Premises Liability Insurance from a licensed insurance company. Supply copy of insurance documents. 3. 501(C)(3) originations must supply a copy of 501(C)(3) documentation. 4. Obtain a written non-revokable consent letter from the property owner consenting to the operation of a temporary fireworks stand/tent. 5. Attach a copy of the sketch plan for the site location. 6. Attach a copy of the Arkansas State Sales & Use Tax Permit. 7. Attach fee of $1,000.00 for each location payable to the City of Cabot. 8. Attach a copy of Driver’s License. *Incomplete applications will not be reviewed until ALL documents are received. Permits are not approved until ALL departments have reviewed and approved the application and documents. 22  APPLICATION FOR PERMIT TO SELL FIREWORKS IN THE CITY OF CABOT, ARKANSAS _____________ THROUGH _______________ Applicant’s Name: ___________________________________________________________________ Address: ________________________________ City: _________________ State: _______ Date of Birth: ________________ DL# _________________ State: _________ Company Name: _____________________________________________________________________ Address: ________________________________ City: _________________ State: _______ Arkansas Sales & Use Tax Number: _____________________________________________________ (Attach a copy of the State issued Sales & Use Tax Permit) Business Phone: _______________________________ Cell Phone: ____________________________ Physical Address/Location of Fireworks Stand/Tent: ________________________________________ Owner of Property: ___________________________ Phone Number: _________________________ NOTE TO APPLICANT: Prior to the permit being issued, the following must be provided with the application. Incomplete applications will not be accepted. 1.____ Copy of $1 million premises liability insurance provided by a licensed insurance company (Commercial applicants only); 2.____ Copy of 501(C)(3) documents, if applicable; 3.____ A written non-revokable consent letter from the property owner consenting to the operation of a temporary fireworks stand/tent. (If property isn’t owned by applicant); 4.____ $1,000.00 Fee; 5.____ Sketch Plan of site (PDF required of sketch’s bigger than 8 ½ by 11); 6.____ Copy of Driver’s License 7.____ Copy of Arkansas State Sales & Use Tax Permit I, the applicant named above, acknowledge that all the above information is true and correct to the best of my knowledge and belief. I further acknowledge that I have received a copy of Ordinance xx of 2021 governing the sale of fireworks, and I agree if a permit is issued to abide by all terms set out in the ordinance. By signing below, I acknowledge that I have received the Fire Code & Safety requirements for fireworks stands/tents. The applicant understands and will abide by the Fire Codes, the State Statutes and the City Ordinance requirements. Signature: _____________________________________ Date: ________________________ OFFICIAL USE ONLY ___________ Stand/Tent inspected & approved by Cabot Fire Department PRIOR to sales to the public. ___________ Stand/Tent inspected & approved by Cabot Public Works PRIOR to sales to the public. 23  Requirements for Fireworks Stands/Tents in the City of Cabot The retail sales of fireworks shall comply with requirements as set forth in the 2012 Arkansas Fire Prevention Code (2012 International Fire Code Vol. 1, Fire with Arkansas amendments). Fireworks which are not prohibited under law (Ark. Code Ann. § 20-22-701, et seq.) and which are considered consumer fireworks as defined under federal law (27 C.F.R. § 555.11) may be sold in the city only for the dates permitted on the permit of any year, subject to the provisions set out herein. No person under that age of 16 shall be allowed to purchase fireworks within the city. Permit Required Any person desiring to sell fireworks within the city limits must obtain a permit through the Public Works office. The charge for each permit shall be $1,000.00 per location. Before a permit to sell fireworks is issued by the public works office, the person applying for the permit must show proof that such location will be insured by a licensed insurance company for $1,000,000 premises liability, if applicable. A vendor must contact the Cabot Public Works office and arrange for an inspection by the fire marshal and public works office to ensure compliance with city ordinance and fire code requirements prior to the sale of fireworks. All locations where fireworks are sold must comply with all Arkansas and federal law, as well as the current adopted International Fire Code and the current adopted Arkansas Fire Prevention Code, as adopted by the city or subsequent additions as later adopted by the city. Sky Lanterns The sale and the use of sky lanterns are prohibited in the City of Cabot. Structures (tents) No fireworks shall be sold or stored within a permanent structure of the city. Tents or canopies and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. Tents or canopies shall be composed of material meeting the flame propagation performance criteria of NFPA 701 or shall be treated with a flame retardant in an approved manner and meet the flame propagation performance criteria of NFPA 701 Tents or canopies shall have a permanently affixed label bearing the identification of size, and fabric or material type. Location Tents or canopies shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. Tents of canopies shall not be located within 250 feet of a fuel dispensing facility. 24 All fireworks stands/tents must have at least 50-foot setback from the street or highway. Measurement shall be from the back of curb or edge of pavement where no curb is present. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the tent or canopy. Lot lines shall be either the inside edge of any fence or as determined by the inspector. An unobstructed fire break passageway or fire road not less than 12 feet wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents, canopies and membrane structures unless otherwise approved by the fire code official. Means of Egress Exits shall be spaced at approximately equal intervals around the perimeter of the tent or canopy, and shall be located such that all points are 100 feet or less from an exit. Tents or canopies shall have at least two (2) exits. Exit signs are required over each exit. The width of each exit shall not be less than 72 inches. The required width of exits, aisles and passageways shall be maintained at all times to a public way. Guy wires, guy ropes and other support members shall not cross a means of egress at a height of less than 8 feet. The surface of means of egress shall be maintained in an approved manner. Combustible materials The areas within and adjacent to the tent or canopy shall be maintained clear of all combustible materials or vegetation that could create a fire hazard within 30 feet of the structure. Combustible trash shall be removed at least once a day from the structure during the period the structure is occupied by the public. Smoking Smoking shall not be permitted in tents or canopies. Approved “No Smoking” signs, in letters not less than 4 inches (4”) in height, shall be conspicuously posted at each entrance. Fireworks Discharge Fireworks shall not be ignited, discharged, or otherwise used within 300 feet of stands/tents. Open or exposed flame Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 30 feet of the tent or canopy. Fire Extinguishers All fireworks stand or tent shall have no fewer than two portable fire extinguishers with a minimum rating of 2A, at least one of which shall be of the pressurized water type. Tents or canopies exceeding 4000 square feet will be required to have additional fire extinguishers. Fire extinguishers shall be located so as no more than 75 feet must be traveled from any location in the 25 tent or canopy to reach a fire extinguisher. Fire extinguishers shall be located in conspicuous locations where they will be readily accessible and immediately available for use. These locations shall be along normal paths of travel. Fire extinguishers shall not be obstructed or obscured from view. Fire extinguishers shall be installed on the hangers or brackets supplied. Hangers or brackets shall be securely anchored to the mounting surface. Fire extinguishers shall be installed so that it’s top in not more than 4 feet above the floor. Clearance There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent or membrane structure. Flammable and combustible Liquids Flammable-liquid-fueled equipment shall not be used in tents or canopies. Flammable and combustible liquids shall be stored outside in an approved manner not less than 50 feet from tents or canopies. Refueling shall be performed in an approved location not less than 30 feet from Tents or canopies. Generators and other internal combustion power sources shall be separated from tents or canopies by a minimum of 30 feet and shall be isolated from contact with the public by fencing, enclosure or other approved means. Fire Inspection A fire inspection of the stand or tent will be done using the “Cabot Fire Department Retail Fireworks Tent Inspection Guide” (attached). Once these requirements are satisfied, the Cabot Fire Marshal’s Office will approve the location for temporary fireworks sales. The retailer is responsible to adhere to all of the included and referenced fire codes, statutes, ordinances, and safety regulations. 26  NOTICE TO THE PUBLIC The discharge of sky lanterns are prohibited in the City of Cabot. 27  Fireworks Stands or Tents Electrical Safety Regulations All electrical work shall be performed by an electrician licensed by the State of Arkansas and must meet the National Electrical Code, specifically articles 525 & 590 1. All 15 and 20 ampere receptacles in “WET OR DAMP LOCATIONS” must be GFCI protected; this may be accomplished with a GFCI breaker or a GFCI type receptacle. 2. All wiring and equipment used outside shall be listed for “WET LOCATIONS” and be “SUNLIGHT RESISTANT”. 3. All extension cords shall be of the 3-wire type and be “HEAVY DUTY” rated. Cords shall be installed so that no tripping hazard is created or splices are on the ground. 4. All wiring must be protected from damage in a manner approved by the Fire Marshall or inspector. 5. NM Cable (ROMEX) shall not be used. 6. Lamps must be supported and protected from contact in an approved manner. 7. Wiring must be supported in approved means (vegetation not allowed as support). 8. Receptacles and switches must be installed with required grounding and mounted in an approved box with proper covers. 9. All energized electrical equipment shall be protected from contact (all panel cover must be installed). 10. Must meet all requirements under Article 525 and 590 of the National Electrical Code. The inside of tents or under a pavilion is considered a “DAMP” location Questions may be directed to the Arkansas Department of Labor, Board of Electrical Examiners 501-682-4500. 28  Cabot Fire Department Retail Fireworks Tent Inspection Guide Sales: 1. Must have permit from the city 2. Post a sign- “The discharge of sky lanterns are prohibited in the City of Cabot.” 3. “No Smoking” signs, in letters not less than four inches (4”) in height shall be posted at each entrance Location: 1. 20 feet from lot lines, buildings, other tents, parked vehicles, generators or internal combustion engines. 2. 250 feet from fuel dispensing facility 3. 50 feet set back from street or highway 4. 12 feet wide fire break or fire road on all sides of the tent 5. 3 feet of clearance between tent and all contents inside the tent 6. Combustible material or vegetation shall be cleared 30 feet from tent 7. Fireworks cannot be discharged within 300 feet 8. Flammable liquids must be stored at least 50 feet from tent 9. Open flame, fire or heat from any cooking device shall not be located within 30 feet of tent 10. Support ropes and guy wires are considered part of the tent Means of Egress: 1. Exits shall be spaced at approximately equal intervals; all points are 100 feet or less from an exit 2. 2 exits at least 72 inches wide required with exit sign over each 3. Required width of exits, aisles and passageways shall be maintained, guy wires or ropes shall not cross a means of egress at a height less than 8 feet Fire Extinguishers: 1. At least 2 extinguishers with a 2A rating: 1 of which must be a pressurized water extinguisher 2. 75 feet or less travel distance 3. Fire extinguishers must be on normal paths of travel and not obstructed from view 4. Fire extinguishers need to be mounted to a secure surface no higher than 4 feet from the floor 5. Tents or canopies exceeding 4000 sq. ft. must have additional fire extinguishers Electrical: 1. Extension cords and other temporary wiring must be in good condition, suitable for imposed loads, and appropriate for outdoor (damp location) use 2. Wiring and cords must be adequately supported 29