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HomeMy WebLinkAbout2002-04-16 - Agendas - Final 'FAYETTEVI: LE THE CrrY OF FAYE TEVIU.F. ARKANSA5 FINAL AGENDA CITY COUNCIL APRIL 16, 2002 A meeting of the Fayetteville City Council will be held on April 16, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES. 2, TCA CABLE BUILDING: A resolution awarding a bid for renovation to the TCA Building to Neil Hefner Construction in the amount of S 195 ,464 and approval of a project contingency in the amount of S15,000. 3. GARLAND AVE. : A resolution authorizing the sale of City owned real estate and a construction easement along Garland Avenue to the Arkansas State Highway and Transportation Department for a contractual amount of $3 ,400. 4. BULLETPROOF VESTS : A resolution approving a grant application with the Department of Justice Bulletproof Vests Partnership Program . This is a four year grant and can be utilized at any time during the four years. 5. LEGACY POINTE : A resolution waiving Ordinance 3793 to accept land and money in lieu as the park land requirement for the Legacy Pointe Development. 6. ELLIS DEVELOPMENT: A resolution waving0rdinance 3793 to accept land and money in lieu of the park land requirement for the Ellis Development. 7. CALL CENTER POSITION : A resolution to approve the filling of the non- emergency call center position to take full advantage of the new software recently purchased and to provide support for the Business Office. 8, ORGANIZATIONAL PLANNER: A resolution approving an aggressive litter control program with education, cleanup, and enforcement options, and to assist in the market development analysis and the development of operational plans for commercial glass recycling. 113 WEST MOUNTAN 77701 479621.7700 FAX 4796764267 B. OLD BUSINESS 1 . RZN 02-6.00: An ordinance approving rezoning request RZN 02-6.00 as submitted by Terry Carpenter of US Infrastructure, Inc. for property located at 415 Longview Street. The property is zoned A- 1 , Agricultural and contains approximately 38.6 acres. The request is to rezone to R-O, Residential Office. C. NEW BUSINESS 1 . THUNDERVALLEY: An ordinance allowing a special thirty-year anniversary two- day racing event at Thunder Valley Raceway with closing times of 11 :30 p.m. 2. SIDEWALK CONSTRUCTION : An ordinance repealing Section 171 . 12 of the UDO, Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk, and adopting a replacement Section 171 . 12 of the LIDO. 3. RLN 02-7.00: An ordinance approving rezoning request RZN 02-7.00 as submitted by Lindsey and Associates on behalf of the Estate of Marie Frankie Hughes for property located west of Porter Road and north of Valley Drive. The property is zoned R- 1 , Low Density Residential and contains approximately 11 .94 acres. The request is to rezone to RMF- 12, Moderate Density Family Residential . 4, VA 02- 1 .00: An ordinance approving vacation request VA 02- 1 .00 as submitted by Ken and Kathie Marvin for property in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8, 9, 10 and 11 . 5, PARKING REGULATIONS : An ordinance amending Chapter 72 : Parking Regulations, Code of Fayetteville, to authorize the impoundment of vehicles illegally stored in public parking decks and lots, changing parking enforcement hours to 7 :00 a.m. to 6:00 p.m. and increasing the penalty for parking violations from $2.00 to S5 .00. 6, BURNS AND MCDONNELL : A resolution approving an agreement with Bums and McDonnell to perform program management services in connection with the Wastewater System Improvement Project. Meeting of April 16, 2002 REYNOLDS THIEL YOUNG DAVIS SANTOS JORDAN COODY REYNOLDS L ' THIEL YOUNG 7 � DAVIS SANTOS JORDAN / COODY Meeting of April 16, 2002 C � � REYNOLDS THIEL YOUNG DAVIS SANTOS JORDAN COODY REYNOLDS f THIEL YOUNG DAVIS SANTOS JORDAN f COODY Meeting of April 16, 2002 � 9 2� REYNOLDS ✓ ✓ ✓ THIEL ✓ ✓ YOUNG �✓ L� DAVIS ✓ 1� SANTOS ✓ t� JORDAN ✓ �✓ COODY tip 7 REYNOLDS ✓ v ✓ THIEL /✓ �/ ✓ YOUNG ✓ ✓ ✓ DAVIS ✓ SANTOS ✓ ✓ ✓ JORDAN COODY CLQ L . Meeting of April 16, 2002 REYNOLDS 1/ THIEL YOUNG DAVIS ✓ ✓ v SANTOS L/ JORDAN ✓ ✓ `� COODY r/ REYNOLDS THIEL YOUNG DAVIS b � y SANTOS JORDAN COODY Meeting of April 16, 2002 Z e� Y D REYN LDS THIEL ✓ �� �� YOUNG f DAVIS f ' SANTOS JORDAN !� !� (/ ✓ COODY REYNOLDS THIEL YOUNG DAVIS SANTOS JORDAN COODY FAYETTEVIALE +r THE CITY OF FAYETTEVLLLE ARKANSAS FINAL AGENDA CITY COUNCIL APRIL 16, 2002 A meeting of the Fayetteville City Council will be held on April 16, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT CLFU''//''� rYlAi2 � evm , A. CONSENT 11� 1 . APPROVAL OF THE MINUTES. 2 TCA CARI .F RUILDINGe A resnlutinn awarding a bid for renovation to the TCA Building to Neil Hefner Construction in the amount of $ 195,464 and approval of a project contingency in the amount of $ 15,000. 3. GARLAND AVE.& A p authorizing the sale of City owned real estate and a construction easement along Garland Avenue to the Arkansas State Highway and Transportation Department for a contractual amount of $3,400. approving a grant application with the Department of Justice Bulletproof Vests Partnership Program. This is a four year grant and can be utilized at any time during the four years. 5. waiving Ordinance 3793 to accept land and money in lieu as the park land requirement for the Legacy Pointe Development. 6- FI .1 -IS DEVEI -OPMENTo A resolution waving Ordinance 3793 to accept land and money in lieu of the park land requirement for the Ellis Development. 7. ALL CENTER POSITIO A resolution to approve the filling of the non- 0 emergency ca center position to take full advantage of the new software recently )(>J purchased and to provide support for the Business Office. 1 n�` ✓ I approving an aggressive litter control program with education, cleanup, and enforcement options, and to assist in the market development analysis and the development of operational plans for commercial glass recycling. C ( CE TSRR�socario /t/ ki'lEST MOU!(TAPl7Vol a796R1-nao FAX 4794764M B. OLD BUSINESS ZIRZN 02-6. approving rezoning request RZN 02-6.00 as submitted by Terry Carpenter of US Infrastructure, Inc. for property located at 415 Longview Street. The property is zoned A- 1 , Agricultural and contains approximately 38.6 acres. The request is to rezone to R-O, Residential Office. C. NEW BUSINESS L allowing a special thirty-year anniversary two- V day racing event at Thunder Valley Raceway with closing times of 11 :30 p.m. Y/ ordinance, repealing Section 171 . 12 of the 6p, VWV UDO, Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk, and adopting a replacement Section 171 . 12 of the UDO. 3, RZN 02-7.00: An ordinance approving rezoning request RZN 02-7.00 as submitted y Lindsey and Associates on behalf of the Estate of Marie Frankie Hughes for property located west of Porter Road and north of Valley Drive. The property is \5 zoned R- 1 , Low Density Residential and contains approximately 11 .94 acres. The request is to rezone to RMF-12, Moderate Density Family Residential. - 4.( , VA 02-1 .00: ordinances approving vacation request VA 02- 1 .00 as submitted by J " en an athie Marvin for property in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8, 9, 10 and 11 . An ordinance. amending Chapter 72: Parking "NG REGULATIONS : Regulations, Code of Fayetteville, to authorize the impoundment of vehicles illegally �ng I stored in public parking decks and lots, changing parking enforcement hours to 7:00 a.m. to 6:00 p.m. and increasing the penalty for parking violations from $2.00 to $5 .00. 6. S AND MCDONNELL: A resolution approving an agreement with Bums and McDonnell to perform program management services in connection with the � V�✓� + Wastewater System Improvement Project. �ry t1l� R � : 30 , FINAL AGENDA CITY COUNCIL APRIL . 169 2002 A meeting of the Fayetteville City Council will be held on April 16, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES. ✓9 Q 2,2. TCA CABLE BUILDING: A resolution awarding a bid for renovation to the TCA Building to Neil Hefner Construction in the amount of $ 195,464 and approval of a project contingency in the amount of $ 15,000. �D_Q y3. GARLAND AVE.: A resolution authorizing the sale of City owned real estate and a construction easement along Garland Avenue to the Arkansas State Highway and Transportation Department for a contractual amount of $3 ,400. Igo Z 4. BULLETPROOF VESTS: A resolution approving a grant application with the Department of Justice Bulletproof Vests Partnership Program . This is a four year grant and can be utilized at any time during the four years. " ,02, 5. LEGACY POINTE : A resolution waiving Ordinance 3793 to accept land and ��' www✓✓✓ money in lieu as the park land requirement for the Legacy Pointe Development. Z6. ELLIS DEVELOPMENT: A resolution waving Ordinance 3793 to accept land and money in lieu of the park land requirement for the Ellis Development. 7. CALL CENTER POSITION: A resolution to approve the filling of the non- emergency call center position to take full advantage of the new software recently purchased and to provide support for the Business Office. 8. ORGANIZATIONAL PLANNER: A resolution approving an aggressive litter control program with education, cleanup, and enforcement options, and to assist in the market development analysis and the development of operational plans for commercial glass recycling. j B. OLD BUSINESS 0416@ 11995 1 . RZN 02-6.00: An ordinance approving rezoning request RZN 02-6.00 as submitted by Terry Carpenter of US Infrastructure, Inc. for property located at 415 Longview Street. The property is zoned A- 1 , Agricultural and contains approximately 38.6 acres. The request is to rezone to R-O, Residential Office. C. NEW BUSINESS Q,Q - #39'& 1 . THUNDERVALLEY: Anordinance allowing aspecial thirty-year anniversary two- day racing event at Thunder Valley Raceway with closing times of 11 :30 p.m. oh. �' #397 2. SIDEWALK CONSTRUCTION : An ordinance repealing Section 171 . 12 of the "` 111 UDO, Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk, and adopting a replacement Section 171 . 12 of the UDO. i 3. RZN 02-7.00: An ordinance approving rezoning request RZN 02-7.00 as submitted by Lindsey and Associates on behalf of the Estate of Marie Frankie Hughes for property located west of Porter Road and north of Valley Drive. The property is zoned R- 1 , Low Density Residential and contains approximately 11 .94 acres. The request is to rezone to RMF- 12, Moderate Density Family Residential. 4, VA 02- 1 .00: An ordinance approving vacation request VA 02- 1 .00 as submitted by Ken and Kathie Marvin for property in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8, 9, 10 and 11 . d "eo g/ 5. PARKING REGULATIONS : An ordinance amending Chapter 72 : Parking Regulations, Code of Fayetteville, to authorize the impoundment of vehicles illegally stored in public parking decks and lots, changing parking enforcement hours to 7 :00 a.m. to 6 :00 p.m. and increasing the penalty for parking violations from 52.00 to $5 .00. 6. BURNS AND MCDONNELL: A resolution approving an agreement with Bums and McDonnell to perform program management services in connection with the Wastewater System Improvement Project. L015 X13 City I& Fayetteville 4/ 17/2002 , 1/01/2002 - 4/ 30/2002 intenance/inquiry • 9 : 13 : 56 Exp . . : - 58 Matches Cont . : - RES Sel - ( B= Browse ) Sel Ref . Date Item Action Brief Description ( P= Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ RES 3 /19/2002 46-02 WASTE QUIP-MAYFAB/ROLLOFF _ RES 3/19/ 2002 47 - 02 CLERK/SOLID WASTE _ RES 3/19/2002 48 - 02 POLICY AND PROCEDURE/COMMITTEE _ RES 3/19/2002 49 - 02 BID 01- 55 / LANDERS/RON BLACKWELL _ RES 3/19/2002 50- 02 GENERAL PLAN/ANNEXATION POLICY _ RES 3/19/2002 51-02 MCCLELLAND/BUSINESS TECH PARK _ RES 3/ 19/2002 52 -02 TOWNSHIP BUILDERS/DDEP/DICKSON _ RES 3/19/2002 53 -02 CDBG/GRANT/HABITAT/ BOYGIRLS/LIBRARY _ RES 4/02 /2002 54 -02 99 YR . LEASE/ FAYETTEVILLE YOUTH CNTR _ RES 4/02 /2002 55 -02 EXPENDITURE INCREASE/ PAGER SERVICE _ RES 4/02 /2002 56 -02 SALE OF CITY OWNED LAND/INDUSTRL PK RES 4/02 /2002 57 -02 SAGE HOUSE/CITY OF FAYETTEVILLE RES 4/02 /2002 58-02 NEW WORLD TECHNOLOGY UPGRADE Page 4 of 4 Cmdl - Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue (c) 1986 - 1992 Munimetrix systems Corp . 015 03 City J& Fayetteville 4 / 17/2002 1/01/2002 - 4/ 30/2002 intenance/Inquiry • 9 : 11 : 53 Exp . . : - 58 Matches Cont . : - RES Sel - ( B=Browse ) Sel Ref . Date item Action Brief Description ( P= Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RES 1/02 /2002 01-02 CRICKET AGREEMENT LEASE RES 1/02 /2002 02 -02 ADVANTAGE ARKANSAS PROGRAM _ RES 1/15 /2002 03 - 02 ELIMINATION OF PUBLIC PARKING RES 1/15/2002 04- 04 WAIVE BUILDING PERMIT FEE/HABITAT _ RES 1/15 /2002 05 - 02 WAIVE BUILDING PERMIT FEE RES 1/ 15 /2002 06 - 02 WASTE/RECYCLING RECEPTACLES _ RES 1/ 15/2002 07 -02 SOFTWARE AND IMPLEMENTATION SEVICES _ RES 1/15/2002 08 -02 HALF TIME EQUIVALNT POSITION/FLEET _ RES 2/05/2002 09 -02 FAYETTE TREE & TRENCH/RIDGEWAY RES 2/05/2002 10 -02 REFUNDING REVENUE BONDS/ BUTTERFIELD _ RES 2/05/2002 11-02 AMENDMENT/DUNCAN AND ASSOCIATES RES 2/05/2002 12 -02 AMENDMENT 2 /MCCLELLAND ENGINEERING _ RES 2/05/2002 13 -02 AIR OPERATIONS BASE RES 2/05/2002 14-02 AMENDMENT NO . 7/OMI CONTRACT _ RES 2/05/2002 15 -02 DEVELOPMENT OF EXECUTIVE RAMP Page 1 of 4 Cmdl- Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue ( c ) 1986 - 1992 Munimetrix Systems Corp . 015 03 City dh Fayetteville 4/ 17/ 2002 1/01/2002 - 4/ 30/2002 intenance/inquiry • 9 : 13 : 34 Exp . . : - 58 Matches Cont . : - RES Sel - ( B=Browse ) Sel Ref . Date item Action Brief Description ( P= Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ RES 2 /05 /2002 16 -02 JUVENILE ACCOUNTABILITY BLOCK GRANT RES 2 /05 /2002 17 - 02 LAND PURCHASE/WRMC/NEW CITY LIBRARY RES 2 /05 /2002 18 -02 WAIVE BUILDING PERMIT FEE _ RES 2/05 /2002 19 -02 ARKANSAS BUSINESS TECHNOLOGY PARK _ RES 2 /05 /2002 20 -02 ENGEERING SER . /ARK , BUSI . TECHNOLOGY RES 2 /05 /2002 21-02 DUKE SOLUTIONS , INC/HARMONY PRODUCTS RES 2 /05 /2002 22 -02 MCGOODWIN , WILLIAMS , AND YATES INC RES 2/19/2002 23 -02 FRONT- LOAD SANITATION TRUCKS RES 2 /19/2002 24 -02 FUEL CELL TECHNOLOGY _ RES 2 / 19/2002 25 -02 ECONOMIC INFRASTUCTURE FUND GRANT _ RES 2 /19/2002 26 -02 COX COMMUNICATIONS , INC . /RATE _ RES 2 /19/2002 27 -02 ROLL - FORWARD OF 2001 BUDGET RES 2 / 19/2002 28- 02 AMENDMENT #1 BURDIT ASSOCIATES _ RES 2 /19/2002 29-02 WEST MUD CREEK MULTIUSE TRAIL RES 2 /19/2002 30 - 02 PARKS & RECREATIN TEN YR MASTR PLAN Page 2 of 4 Cmdl - Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue ( c ) 1986- 1992 Munimetrix Systems Corp . 015 03 City nfi Fayetteville 4/ 17/2002 ' 1/01/2002 - 4/ 30/2002 intenance/ Inquiry • 9 : 13 : 42 Exp . . : - 58 Matches Cont . : - RES Sel - ( B= Browse ) Sel Ref . Date Item Action Brief Description ( P= Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ RES 3/05/2002 31- 02 TRAILER MOUNTED SEWER WASHER RES 3/05 /2002 32 - 02 COMPENSATION ANALYSIS PROJECT STEPS RES 3/05 /2002 33 - 02 SOFTWARE MAINTENANCE AGREEMENT RES 3/05 /2002 34- 02 PURCHASE OF VARIOUS BULK MATERIALS RES 3/05 /2002 35 - 02 NEW MISSION STATEMENT _ RES 3/05 /2002 36-02 TASK ORDER NO . 10 RES 3/05 /2002 37 -02 REALLOCATE PROCEEDS/ FIRE APPARATUS RES 3/05/2002 38 -02 EDWARD BYRNE STATE FRANT _ RES 3/05/2002 39 -02 WEB - SITE DESIGN _ RES 3 /05/2002 40 -02 SWBELL/WEB - SITE HOSTING SERVICES RES 3/05/2002 41-02 DENY APPEAL OF EARL/CAROLYN FARRELL _ RES 3/05/2002 42 -02 DENYING STREET NAME CHANGE _ RES 3 /19/2002 43 -02 YALE MATERIALS/ FORK LIFT/BID 2 - 12 _ RES 3 /19/2002 44 -02 4- D CONSTRUCTION/SEWER/I - 540 _ RES 3/19/2002 45 -02 ROBERT KOHLER/ LIBRARY REPRESENTATIO Page 3 of 4 Cmdl- Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue ( c ) 1986 - 1992 Munimetrix Systems Corp . 015 03 CityFayetteville 4/ 17/ 2002 1%012002 - 4/01/2002 intenance/Inquiry9 : 15 : 01 Exp . . : - 0 25 Matches Cont . : - ORD Sel - ( B=Browse ) Sel Ref . Date Item Action Brief Description ( P=Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ ORD 2/19/2002 4373 SENIOR CITIZENS OF FAYETTEVILLE ORD 3/05/2002 4374 TELE-WORKS/INFORMATION SYSTEM _ ORD 3/05/2002 4375 SPECIAL ELECTION FOR WARD TWO _ ORD 3/05/2002 4376 AMEND TITLE XV/ LIQUOR STR/DIST . C- 1 _ ORD 3 /05/2002 4377 AMEND CHAPTER 155/APPEAL RIGHT _ ORD 3/05/2002 4378 AMENDING CHAPTER 92 _ ORD 3/19/2002 4379 CIVIL SERVICE COMMISSION/TWO MEMB . ORD 3/19/2002 4380 PROPERTY SALE/INDUSTRIAL PARK LAND ORD 3/19/2002 4381 WATER & SEWER REFUNDING REVENUE BON ORD 3/19/2002 4382 SOLID WASTE RATES FOR BRUSH DISPOSA Page 2 of 2 "4 J Cmdl - Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue ( c) 1986 - 1992 Munimetrix Systems Corp . Al 0 ,9 ec 4AM 015 03 CityFayetteville 4/ 17/ 2002 1/01/2002 - 4/30/2002 intenance/ inquiry • 9 : 11 : 26 Exp . . : - 25 Matches Cont . : - ORD Sel - ( B=Browse ) Sel Ref . Date item Action Brief Description ( P= Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ ORD 1/02/2002 4358 AMEND CHAPTER 34/ FINANCE & REVENUE _ ORD 1/02 /2002 4359 ANX 01- 5 . 00/DOUBLE SPGS RD/OWL CRK _ ORD 1/02 /2002 4360 RZN 01- 24 . 00/DOUBLE SPGS & OWL CRK _ ORD 1/02 /2002 4361 RZN 01- 27 . 00/DOUBLE SPRNGS/OWL CRK _ ORD 1/02 /2002 4362 RZN 01- 26 . 00/SHILOH DR & PORTER RD ORD 1/02/ 2002 4363 RZN 01- 28 . 00/SHILOH DRIVE & PORTER ORD 1/15 /2002 4364 CIVIL SERVICE COMMISSION ORD 1/15 /2002 4365 RESEARCH AND TECHNOLOGY PARK _ ORD 2 /05 /2002 4366 REGULATING MOTOR VEHICLE RACING _ ORD 2/05/2002 4367 RZN 01- 3 . 00/2684 W SIXTH STREET _ ORD 2/05 /2002 4368 AMENDING TITLE XV/UDO _ ORD 2/05/2002 4369 FORMAL COMPETITIVE BIDDING/UDB _ ORD 2/19/2002 4370 RZN 02 - 2 . 00/JOYCE & CROSSOVER ORD 2 /19/2002 4371 ESTABLISH FEES/CITY SWIMMING POOLS ORD 2/19/2002 4372 FAYETTEVILLLE YOUTH CENTER , INC . Page 1 of 2 Cmdl- Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue ( c) 1986 - 1992 Munimetrix Systems Corp . FAYETTEVICLE • • CRY OF FArETTEMLE ARKANSAS FINAL AGENDA CITY COUNCIL APRIL 16, 2002 A meeting of the Fayetteville City Council will be held on April 16, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES. 2, TCA CABLE BUILDING: A resolution awarding a bid for renovation to the TCA Building to Neil Hefner Construction in the amount of $ 195,464 and approval of a project contingency in the amount of $ 15,000. • 3. GARLAND AVE. : A resolution authorizing the sale of City owned real estate and a construction easement along Garland Avenue to the Arkansas State Highway and Transportation Department for a contractual amount of $3,400. 4. BULLETPROOF VESTS : A resolution approving a grant application with the Department of Justice Bulletproof Vests Partnership Program. This is a four year grant and can be utilized at any time during the four years. 5. LEGACY POINTE: A resolution waiving Ordinance 3793 to accept land and money in lieu as the park land requirement for the Legacy Pointe Development. 6. ELLIS DEVELOPMENT: A resolution waving Ordinance 3793 to accept land and money in lieu of the park land requirement for the Ellis Development. 7, CALL CENTER POSITION: A resolution to approve the filling of the non- emergency call center position to take full advantage of the new software recently purchased and to provide support for the Business Office. 8, ORGANIZATIONAL PLANNER: A resolution approving an aggressive litter control program with education, cleanup, and enforcement options, and to assist in the market development analysis and the development of operational plans for commercial glass recycling. 117 WEST MOUNTAIN 7T701 478471-7700 FAX 4784768757 B. OLD BUSINESS • 1 . RZN 02-6.00: An ordinance approving rezoning request RZN 02-6.00 as submitted by Terry Carpenter of US Infrastructure, Inc. for property located at 415 Longview Street. The property is zoned A- 1 , Agricultural and contains approximately 38.6 acres. The request is to rezone to R-O, Residential Office. C. NEW BUSINESS 1. THUNDER VALLEY: An ordinance allowing a special thirty-year anniversarytwo- day racing event at Thunder Valley Raceway with closing times of 11 :30 p.m. 2. SIDEWALK CONSTRUCTION: An ordinance repealing Section 171 . 12 of the UDO, Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk, and adopting a replacement Section 171 . 12 of the UDO. 3, RZN 02-7.00: An ordinance approving rezoning request RZN 02-7.00 as submitted by Lindsey and Associates on behalf of the Estate of Marie Frankie Hughes for property located west of Porter Road and north of Valley Drive. The property is zoned R- 1 , Low Density Residential and contains approximately 11 .94 acres. The request is to rezone to RMF-12, Moderate Density Family Residential. 4, VA 02-1 .00: An ordinance approving vacation request VA 02- 1 .00 as submitted by • Ken and Kathie Marvin for property in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8, 9, 10 and 11 . 5, PARKING REGULATIONS: An ordinance amending Chapter 72: Parking Regulations, Code ofFayetteville, to authorize the impoundment of vehicles illegally stored in public parking decks and lots, changing parking enforcement hours to 7:00 a.m. to 6:00 p.m. and increasing the penalty for parking violations from $2.00 to $5.00. 6. BURNS AND MCDONNELL: A resolution approving an agreement with Burns and McDonnell to perform program management services in connection with the Wastewater System Improvement Project. • • ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 72: PARKING REGULATIONS, CODE OF FAYETTEVILLE, TO AUTHORIZE THE IMPOUNDMENT OF VEHICLES ILLEGALLY STORED IN PUBLIC PARKING DECKS AND LOTS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §72.02 (A) Impoundment Procedures, is hereby repealed and the following is inserted in its stead: § 72.02 Impoundment procedures. (A) The police department is hereby authorized to remov m a street, highway, public parking deck or lot to the n or a lace of safety, or to a garage designated or maintained by a ce de artment or otherwise maintained by the city, er the circ ces ereinafter enumerated: ( 1 ) When any ve ' is left una upon any dge, aduct, or • causeway el where h le consti an obstructio tra en hicl on a hi s s I constitute an o true 'o t tc and the on in ch vehicle is, by reason o by . incapaci to so extent as to be unable to ide its or re (3) en chicle amended upon a street and is parked illegally to c e a de mite hazard or obstruction to the normal movement E en any vehicle is left continuously and unattended upon any stree ublic parking deck or lot for a period of more than 48 hours; and any time a vehicle is parked in a prohibited area that is so designated by signs or other official markings. (4) When any vehicle is illegally parked on a public street, parking deck or lot designated by a sign or by curb marking as a towaway zone. Section 2. That §72.10 Parking Prohibited During Certain Hours on Certain Streets, is hereby repealed and the following is inserted in its stead: § 72.10 Parking prohibited during certain hours on certain streets. When signs are erected on any street or part of street in each block giving notice thereof, no person shall park a vehicle on any such street or part of street in each block so designated between the hours specified by the signs, except on • weekends and public holidays. Section 3. That §72.11 Stopping, Standing, or Parking Prohibited During Certain Hours on Certain Streets, is hereby repealed and the following is inserted in its stead: § 72.11 Stopping, Standing, or parking prohibited during certain hours on certain streets. When signs are erected on any street or part of street in each block giving notice thereof, no person shall stop, stand, or park a vehicle on any such street or part of street in each block so designated between the hours specified by the signs, except on weekends and public holidays. Section 4. That §72.12 Parking Time Limited to One Hour on Certain Streets, is hereby repealed and the following is inserted in its stead: § 72.12 Parking time limited to one hour on certain streets. When signs are erected on any street or part of street in ving notice thereof, no person shall park a vehicle on any su r p o t in each block so designated for longer than one hour time between the hours of 7:00 a.m. and 6:00 p.m. of day, except ends d public holidays. Section 5. Tha !;7j") Penal ' ereby r ale and the g is inserted in its stea • 9 Pena (B pe ch violatio f § 72. 1 7, or § 72.58(.1) shall be $5.0 pai fo issuanc f a s ns, citation, or arrest warrant; othe th nal ch v' n of § 72. 13, § 72.57, or § 72.58(.1) shall be 0; de d th or each violation of § 72. 13, § 72.57, or § 72. in sof fiv ) in any calendar month shall be $25.00 if paid be the i of a summons, citation, or arrest warrant; otherwise, the p fo violation of § 72.13, § 72.57, or § 72.58(.1) in excess of five (5) y calendar month shall be $50.00. PASSED and APPROVED this day of 2002. APPROVED: By: DAN COODY, Mayor ATTEST: By: . HEATHER WOODRUFF, City Clerk • MINUTES OF A MEETING OF THE CITY COUNCIL FEBRUARY 19, 2002 A meeting of the Fayetteville City Council will be held on February 19, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain, Fayetteville, Arkansas. PRESENT: Mayor Coody, Aldermen Trumbo, Davis, Santos, Jordan, Reynolds, Thiel, Young and Zurcher, City Attorney Kit Williams, City Clerk Heather Woodruff, Staff, Press, and-Audience. Mayor Coody stated David Wright, Parks and Recreation, had received Silver National Aquatic Safety Award. CONSENT APPROVAL OF THE MINUTES SANITATION TRUCKS: A resolution awarding Bid No. 02-01 to two qualified bidders. Item # 1 - Arkansas Power Steering Mack Chassis with Labrie Body, ($348,677.30) and Item #2- Shipley Motor equipment - Mack Chassis with Heil Body ($298,242.50). Total purchase of $646,919.80. RESOLUTION 23-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. • LIBRARY: A resolution supporting cooperation with the Chemical Engineering Department of the University of Arkansas and the Fayetteville Public Library related to distributed power options for the new library building. RESOLUTION 14-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. INFRASTRUCTURE GRANT: A resolution approving an Economic Infrastructure Grant from Arkansas Department of Economic Development for $ 100,000 to replace a water distribution main. The work will enable Pinnacle Foods to expand and add 134 jobs. RESOLUTION 15-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Davis moved to approve the Consent Agenda. Alderman Santos seconded. Upon roll call the motion carried unanimously. OLD BUSINESS CABLE RATES: A resolution expressing the City Council's opposition to the seventy-five percent (75%) rate increase for basic tier cable television service proposed by Cox Communications, Inc., to authorize hiring an expert to audit and challenge the increase before the FCC and to approve a budget adjustment of $6,000.00. The item was tabled at the February 5, 2002, meeting. Mr. Hugh Ernest, Urban Development Director, stated they had held an open forum last week. There were concerns about the response time Cox had on tie in. He had received a map of where they were with their City Council Minutes • February 19, 2002 Page 2 new cable installation. They had completed approximately thirty percent of the city. It appeared to him that Cox was reluctant to discuss an important franchise. They have some points to make. They have been at this for some time. The city had a technical committee putting together our version of what an institutional network needs to be for the city. The Council had several options. They could table it, pass it, or remove it from the table with the threat that they could bring it back before them at any time. It was his opinion that if they were going to have any movement on this issue that they would be better served by having the staff and others to use this to negotiate on the franchise. On February 4, he had stated that they had indications from their attorney in Washington that they were considering some give on a reduced life-line tier. In a later e-mail that he had received from Mr. Grogan has shown some change in Cox's position. They were firm in their communications. There appeared to be not much give at all. The only card the city held was the length of the franchise. He recommended that they table the item. Alderman Zurcher stated Cox's customer service was lacking. They did not care what the subscriber thought about this rate increase. The only way the city could hold them accountable for a fair rate was to do this audit. The lowest tier that they were proposing was only a $ 1 .50 less than it was to get the next tier. They did not want the consumer to get the lowest tier. They were keeping citizen from getting a more affordable tier. They needed to offer a lower life-line tier. Alderman Young stated he had observed these negotiations for years. One of the things that he had observed was the lack of resolve on the part of the city. He thought they were faced with the same • problem today. He proposed that they passed both of the things. It would take a while to get the data together. If they came to an agreement then they could pass a resolution rescinding this resolution. Alderman Santos stated he had received an e-mail with rates around the country. It seemed to him that other people were getting a better deal than they were giving them. From what he could gather it seemed that if the satellite companies were able to compete with Cox. Alderman Davis stated he had received more calls with people concerned about losing MSNBC, than about the rate structure. Mr. Ernest stated it had to do with analog and digital. MSNBC was still carried as an analog. Once they could get MSNBC in digital format it would added to the upper tier. Alderman Zurcher moved to approve the resolution. Alderman Thiel seconded. Upon roll call the motion carried by a vote of 6-2-0. Trumbo and Davis voting nay. RESOLUTION 26-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK RZN 02-1.00: An ordinance approving RZN 02-1 .00 as submitted by Robert Schmitt for property located at 1140 Hendrix and 1110 Hendrix. The property is zoned R-1 , Low Density Residential, and contains approximately 1 .36 acres. The request is rezone to R-1 .5, Moderate Density Residential. The ordinance was left on the first reading at the February 5, 2002, meeting. Alderman Young moved to suspend the rules and move to the second reading. Alderman Davis City Council Minutes February 19, 2002 Page 3 seconded the motion. Upon roll call the motion carried 6-2-0. Jordan and Zurcher voting nay. Mr. Williams read the ordinance. Alderman Jordan stated he had received a petition from the people in the area. They were concerned about traffic congestion, drainage and crime rate. Ms. Sharon Davidson, an area resident, stated they needed to fix the problem with the map and fix the zoning issues. She questioned if they really needed these apartments. Ms. Emma Sue Hanna, an area resident, stated traffic and crime in this area was the neighborhood's first concern. There were a number of apartments in this area that were vacant. She asked them to consider that this was one of the last remaining neighborhoods. People were coming in and renovating the neighborhood. It was coming back to life. This was their home and they would like to keep it the way it was. She suggested they build a couple homes. Mr. Jerry Lang, an area resident, asked the aldermen if they would like to have a duplex built behind his house. It would be ten years before they widened Garland. Ms. Joyce Richards, an area resident, presented a petition. People in the neighborhood cared. She asked that they not rezone the property. People had lived in this neighborhood for twenty, thirty, fifty years. They have years invested in this area. They were looking for a return in their investment just like Broc Thompson. Janet Bolin, an area resident, stated she had lived here since she was fourteen. She had seen a lot of changes to the neighborhood. She asked them to preserve the integrity of the older neighborhoods. Quality of life in their neighborhood has decreased. Their street has been paved once since 1966. She sited problems with traffic and water and sewer. Alice Richards, an area resident, stated a mistake in zoning had allowed two triplexes to be put up in her back yard. She felt that was an invasion into their neighborhood. She asked the council not to rezone the property. Mr. David Davidson, an area resident, stated people in this area did not want to see the zoning change or the additional apartments. There are concerns about drainage and traffic. Mr. Steve Frankenburger, an area resident, stated this was a simple issue of neighborhood preservation and property rights. The property belonged to the individual, but it should be a give that the zoning belonged to all of them in the neighborhood. Zoning was a contract between neighbors. Alderman Thiel asked number of units proposed for the site. Mr. Conklin stated they have offered a Bill of Assurance for a maximum of nine units. There was one • single family home on the property. They would add two units to the single family home, then add two additional triplexes. City Council Minutes February 19, 2002 Page 4 Alderman Trumbo stated the purchasers had taken out a loan contingent upon the zoning that the city had showed them. What was their exposure legally? Mr. Williams stated he did not believe they were legally liable, but only a judge and jury could decide that. He thought their sovereign immunity would protect them. His advise to the Planning Commission was that from a legal point of view they were not liable. Even if negligence could be shown when they were transferring from a paper map to a digital map. The error had been done by mistake. He thought they would be protected by the tort immunity statute. The reason that statute was drafted to protect the city from these types of suits from damages. He did not believe they would be liable for damages. Mr. Ernest stated a representative of the city had given them a letter stating the property was R-1 .5. That was a direct result of a request from the bank. Alderman Thiel stated regardless of what the Planning office did, would the council rezone this, if this was not the case. She would not consider rezoning this after hearing from the neighbors. Alderman Jordan stated the people in the area wanted to preserve their neighborhood. He would not want those triplexes in his neighborhood. He knew mistakes had been made, but to rezone this would be another mistakes. Alderman Young asked how long it was going to take to present a revised map to the council. Mr. Conklin explained he had discovered the mistake. He did not want this to happen again. It will take approximately two weeks to print out their zoning map on clear plastic and overlay that on their 1970 map, which was colored in crayon. Their GIS department would have to make any adjustments to the map. He hoped they could bring something forward to the city council in a month to a month and a half. He would proposed that they adopt an official map with signatures. The map could change every two weeks. He believed they needed an official map. In response to questions, Mr. Conklin stated they were going to identify discrepancies and make the necessary adjustments. They were not going to change any zonings that have not been approved by the City Council. It was difficult to take a 1970's map and put it into a digital format. Alderman Santos stated the property could not return to the commercial use because the grandfather clause no longer applied because it had been vacant for more than six months. Mr. Ernest stated Garland Avenue was a principle street. It made planning sense to talk about using higher density against principle arterials or collectors. It becomes logical that those cars would not go back into neighborhood, but would go out towards the collector. When they talked about smart growth and higher density in existing neighborhoods, this is a case in point. They were going to be facing this issue over and over, if they were concerned about sprawl. This area of the state was going to grow. This area was going to under increased pressure for housing. Alderman Trumbo asked if he was advocating the rezoning. • City Council Minutes February 19, 2002 Page 5 Mr. Ernest stated it made since from a planning perspective. There was one house on the property now. The rest of it was vacant. Quality development on this property could just as easily be a positive benefit to the neighborhood if it was done properly. Alderman Trumbo stated that was from a planners perspective. From a neighbor standpoint, that did not make any sense. Alderman Reynolds stated a mistake had been made and they had put triplexes in the neighborhood. These people loved their neighborhood just like everyone else. They wanted to keep their neighborhood as it was at this time. Alderman Trumbo asked Mr. Osbum if this property was not rezoned would his client still develop the property? Mr. Osbum stated he could not answer the question. Alderman Davis asked Mr. Osbum to meet with the neighbors. THE ORDINANCE WAS LEFT ON THE SECOND READING. • RZN 02-2.00: An ordinance approving rezoning request RZN 02-2.00 as submitted by Craig Hull of Nickle-Hill Group on behalf of Andy Bethell for property located at the northeast comer of Joyce Blvd. and Crossover Road. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 1 .94 acres. The request is to rezone to C-2, Thoroughfare Commercial. The ordinance was left on the first reading at the February 5, 2002, meeting. Alderman Trumbo moved to suspend the rules and move to the second reading. Alderman Jordan seconded. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance. Ms. Hull stated the Planning Commission had approved their request and they had filed a Bill of Assurance. Alderman Davis stated there was a bill of assurance on the property which would limit the use of the property. Alderman Trumbo moved to suspend the rules and move to the third and final reading. Alderman Jordan seconded. The motion carried unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. • City Council Minutes February 19, 2002 • Page 6 ORDINANCE 4370 AS RECORDED IN THE OFFICE OF THE CITY CLERK. NEW BUSINESS Alderman Trumbo moved to move item twelve to number one under new business. Alderman Davis seconded. Upon roll call the motion carried unanimously. WARD BOUNDARIES: Discussion regarding Ward Boundaries. A representative from the Election Commission stated John Goddard had presented them a map of the proposed changes that he has developed for the city. They were in conformance with their request. They tried to keep it as simple as possible. The proposal was to modify the boundaries for Ward One and Ward Two to make those two wards conform to the precients. The alternative to this change would be for the election commission to create two small precients. If they could adopt these ward boundaries before their next election it would be helpful. Mr. Williams stated they were going to have a special election in April. He was concerned about the city council altering the boundaries prior to that special election. The representative stated he would not advocate them doing something against the law. He knew that they could change their precincts within thirty days of an election. That was the only law that he was aware • of . Mr. Williams stated his advise to the council was to have the election out of the current ward, rather than changing it. The representative stated the Election Commission happy to make this change. If they had an election based on the existing ward boundaries, then they would have to do something about providing for a special precincts. Alderman Thiel stated she favored the changes. The representative stated the simplest thing for them would be to have the changes made then the election. Alderman Young stated the changes would not match the old ward two boundaries. Alderman Zurcher stated the new map followed the roads. He thought they were good changes, but he thought it would be best to wait until after the election to make the changes. The representative stated they would have to create two special precincts. Alderman Santos stated it would take thirty days to create the new precincts for this election. They were only making this change so that they could have the same people who voted in the last election, vote in this one. After this election they expected to change the city's ward boundaries to match the precinct lines. • • City Council Minutes February 19, 2002 Page 7 NO ACTION TAKEN. CIVIL SERVICE: An ordinance adding two additional members to the Fayetteville Civil Service Commission. Mr. Williams read the ordinance. Alderman Thiel stated currently the commission had staggered six year terms. By adding two more positions they would have the opportunity to add more diversity the commission. In conjunction with this ordinance, the Ordinance Review Committee recommended a revision of their Rules of Order and Procedure. If that recommendation was approved, one of their objections for the selection of commissioners would be to provide a broad diversity of qualified individuals to serve on appointed boards. Alderman Young asked if they needed to add something in there allowing staggering terms. Figuring out how they would fit into the other members. • Mr. Williams stated the state statutes and state legislature had made that decision for them. It stated that when members were added, "when additional members were appointed subsequent to this subsection. The shall serve staggered terms to be determined by lot so that one would serve a three year term and one a six year term. Their successors will serve six year terms." Alderman Davis stated the concerns that he had heard had been about the difficulty in getting a quorum. By adding two additional people to the commission would make it more difficult. A lot of people did not realize the time that it took to be a Civil Service Commissioner. They would sometimes spend two days in interviewing. It had to be someone who could take two to four days away from their positions. He had been asked to not support this issue for those reasons. LEFT ON THE FIRST READING. ROLLFORWARD: A resolution approving a budget adjustment which will allow for the rollforward and re-budget of all projects for items in progress which were appropriated in the 2001 Budget. The items which are approved will become part of the 2002 Budget. In response to questions, Mr. Steve Davis stated the roll forwards did not include the Community Access Television. The amount of money they were rolling forward from General Fund was approximately $951 ,000. When they did the discussion on 2002 budget, they reduced operating budgets in General Fund by 1 .3 million. During those deliberations, staff discussed with council that they would be bringing a re- budget item of approximately one million dollars back to the city council in early 2002. They had projected the General Fund reserves to be at $6,004,953 in 2002. The monies that were not spent in • revenues that came in a little higher than they had projected. They would have after the roll-forwards were approved $7,043, 153. d City Council Minutes February 19, 2002 • Page 8 Mayor Coody stated they were going to be approximately one million dollars ahead of where they thought they were going to be. Mr. Davis stated they would have more money in their savings account, but if they did not change their expense pattern or revenue pattern, they would be out of their reserves in two years. Alderman Santos moved to approve the resolution. Alderman Jordan seconded. Upon roll can the motion carried unanimously. RESOLUTION 17-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK. BURDITT ASSOCIATES: A resolution authorizing a contract change with Burditt Associates in the amount of$33,000 to complete the city-wide tree inventory and to provide software and managementplan. Mr. Emest stated on May 15 this council awarded a contract for a not to exceed amount of$25,000 for tree inventory, softward package and a management plan for trees in city right-of-way and city parks. An error had been made in a sever under estimation of the number of trees that were in Fayetteville. Work began on this project in July. In September they had exceeded the amount in the contract. They then stopped work on it. It was inappropriate for the city to insist Burditt complete with project given that the city had • underestimated the project. They also felt it was inappropriate for them to continue work on the project until the council had approved additional money for them to continue this process. Trees in a city like Fayetteville should be considered an asset. Urban Forestry Programs depended on the collection of data so that they could systematically manage the asset. Mr. Drum, Burditt Associates, gave a presentation summarizing the project and a sample of the completed project. Mr. Emest stated the emphasis on this project was the management plan. Alderman Davis asked about using the University to assist in the study. Mr. Drum stated he had worked behind programs that had used volunteer help that have used unskilled people, they do not see the problems. They see more emotion. Ms. Kim Hesse stated the University did not have a Forestry Department. They did have a certified degree in Aborticulture. There was a lot to learn from experience. Alderman Zurcher moved to approve the resolution. Alderman Santos seconded. Upon roll call the motion carried by a vote of 7-1, Reynolds voting nay. RESOLUTION 28-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK. MUDD CREEK: A resolution showing support for the Mudd Creek Trail Project and giving the authority • • City Council Minutes February 19, 2002 Page 9 to the Mayor to enter into a contractual agreement with AHTD. Alderman Trumbo moved to approve the resolution. Alderman Santos seconded. Mr. Steve Hatfield, Parks and Recreation, stated they had applied for 721 Federal Enhancement Program in August. They had been notified in January that they had received funding. They had gotten $200,000. The city's portion will be $45,000. "Ile trail will be located from CMN Park to Front Street going west to east. They will be able to go under Highway 71 B. Upon roll call the motion carried unanimously. RESOL UTION 29-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. SWIMMING POOL FEES: An ordinance amending Section 97.017 of the Code of Fayetteville to allow the Mayor or his designee to establish fees for the city swimming pool. Mr. Williams read the ordinance. Alderman Trumbo moved to suspend the rules and go to the second reading. Alderman Davis • seconded. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance. Mr. Trumbo moved to suspend the rules and move to the third and final reading. Alderman Jordan seconded. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. ORDINANCE 43 71 AS RECORDED IN THE OFFICE OF THE CITY CLERK. PARKS MASTER PLAN: A resolution approving the Parks and Recreation Ten-Year Master Plan with guiding policies and implementation strategies. Ms. Connie Edmonston, Parks and Recreation Director, stated they had worked on this for the past two years which was really created by the citizens. Alderman Trumbo complemented the staff on their hard work. He asked where they were going to get the money to fund the plan. Ms. Edmonton stated it depended on the funding options that they wanted to go too. They will continue to seek more grant money. They would also be looking at bonds. • Alderman Thiel stated they had been given a twenty year time frame with their existing funding.