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Home My WebLink About2002-07-02 - Agendas - Final FAYETTEVIOLE M THE CfrY OF FAYE TEV"F, ARKANSAS FINAL AGENDA CITY COUNCIL .IDLY 212002 A meeting of* the Fayetteville City Council will be held on July 2, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES 2. GARVER ENGINEERS: A resolution awarding an engineering contract to Garver Engineers in the not-to-exceed amount of $275,000 to provide engineering services for the accelerated waterline replacement project. 3. USINFRASTRUCTURE: A resolution awarding the engineering contract to the firm of USlnfrastructure for engineering studies and recommendations for ( 1 ) the upper Hamestring Creek Basin and (2) the Shenandoah Trailer Park area. The contract price is not-to-exceed $93,424; and approval of an engineering contract contingency in the amount of $ 10,000. 4. AATC LEASE: A resolution approving a lease with Northwest Arkansas Aviation Technologies Center for an executive hangar located at 4248 South School . B. OLD BUSINESS 1 . VA 02- 1 .00: An ordinance approving vacation request VA 02- 1 .00 as submitted by Ken and Kathie Marvin for property located in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8, 9, 10 and I 1 of Block 5 . The ordinance was left on the I " reading at the June 18, 2002 meeting. 117 WEST NKXWA1N 77701 479-621-7700 FAX /7967682-67 C. NEW BUSINESS 1 . RZN 02-15.00: An ordinance approving rezoning request RZN 02- 15 .00 as submitted by Dave Jorgensen of behalf of Larry Garriott for property located north of Persimmon Street and west of 46 " Street. The property is zoned A- 1 , Agricultural and contains approximately 57.82 acres. The request is to rezone to R- 1 , Low Density Residential; and to accept the attached Bill of Assurance. 2. VA 024.00: An ordinance approving vacation request VA 02-4.00 as submitted by Ilenry Renegar for property located at 925 Rockwood Trail. The request is to vacate a 10' wide utility easement. 3. RJN GROUP: A resolution approving an engineering contract with RJN Group for sanitary sewer rehabilitation design for Illinois River Basins 1 -5, 18 and 19 and White River minisystem 27 (Industrial Park), in the amount of $548,653, and approval of a 5% contingency of $27,433 . 4. OUTDOOR MUSIC ESTABLISHMENT: An ordinance adding a definition of "Outdoor Music Establishment" to Chapter 151 Definitions of the Unified Development Ordinance and adding Section 163.30 to the Unified Development Ordinance to make an Outdoor Music Establishment a Conditional Use in specified zoning districts. City Council July 2, 2002 Thiel Young ✓ Marr ✓ Bechard Davis Santos Jordan Reynolds Coody �y Thiel ✓ Young Marr Bechard Davis ✓ Santos Jordan / Reynolds Coody City Council July 2, 2002 Ix Thiel ✓ Young Marr f Bechard Davis Santos ✓ Jordan Reynolds Coody V Thiel ✓ Young ✓ Marr Bechard Davis ✓ Santos Jordan Reynolds Coody City Council July 2, 2002 Iv Thiel Young Marr M Bechard Davis Santos Jordan Reynolds Coody d� Thiel ✓ Young ✓ Marr Bechard ✓ Davis ✓ Santos Jordan /✓ Reynolds ✓ r/ Coody City Council July 2, 2002 Thiel Young / Marr 1/ Bechard Davis Santos Jordan Reynolds ICU cod Thiel r Young D" Marr Bechard Davis 4 Santos n Jordan IV Reynolds Coody FAYETTEVMLE THE CFTY OF FAYETTEVILLE ARKANSAS NOMINATING COMMITTEE, REPORT CITY COUNCIL MEETING JULY 29 2002 AUDIT COMMITTEE Jackson White/One one-year Certified Public Accountant term ending 12/31 /02 BOARD OF ADJUSTMENTS AND BOARD OF SIGN APPEALS Sherce M . Alt/One five-year Public-at-Large term ending 03/31 /07 CIVIL SERVICE COMMISSION Stanley E. Adelman/One three-year term ending 03/31 /05 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Jerry Bailey/One one-year Alternate term ending 03/31 /03 ENVIRONMENTAL CONCERNS COMMITTEE, Jeremy Webb/One three-year Local Industry term ending 06/30/05 Marti Benedict/One three-year Science Discipline term ending 06/30/05 Steven R. Jackson/One three-year Citizen-at-Large term ending 06/30/05 Stacey Wingatc/One three-year Citizen-at-Large term ending 06/30/05 Cheri Lynn Coley/One three-year Citizen-at-Large term ending 06/30/05 Linda Rupe/One three-year Citizen-at-Large term ending 06/30/05 PLANNING COMMISSION Troy Wilson, Jr./One unexpired term ending 03/31 /05 TELECOMMUNICATIONS BOARD Jon C. Lofton/One two-year term ending 06/30/04 Kenneth Myers/One two-year term ending 06/30/04 Gary Ault/One unexpired term ending 06/30/03 TREE AND LANDSCAPE ADVISORY COMMITTEE John Clark Rupe/One unexpired University Representative term ending 12/31 /03 WALTON ARTS CENTER COUNCIL, INC. Linda A. Gaddy/One three-year term ending 06/30/05 YOUTH ADVOCACY COMMITTEE Barbara A. Lofton/One two-year Teacher term ending 05/31 /04 113 WEST MOUNTAIN 72701 479641-7700 FAX 479-675-M7 = TAYETTEVI.LE THE CRY of FAYErrEvuA ARK"sm FINAL AGENDA CITY COUNCIL JULY 212002 i A meeting of the Fayetteville City Council will be held on July 2, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West'Mountain, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES 2. GARVER ENGINEERS- ATesnintinn awarding an engineering contract to Garver Engineers in the not-to-exceed amount of $275,000 to provide engineering services for the accelerated waterline replacement project. i 3. USINFRASTRUCTUREa A resolution awarding the engineering contract to the firm of USInfrastructtue for engineering studies and recommendations for (1 ) the upper Hamestring Creek Basin and (2) the Shenandoah Trailer Park area. The contract price is not-to-exceed $93,424; and approval of an engineering contract contingency in the amount of $ 10,000. . r • i �.`.l 4. AATC LEASEo A resolution approving a lease with Northwest Arkansas Aviation Technologies Center for an executive hangar located at 4248 South School. B. OLD BUSINESS I . VA 02-1 .00: An ordinance approving vacation request VA 02- 1 .00 as submitted by Ken and Kathie Marvin for property located in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8, 9, 10 and 11 of Block 5. The ordinance was left on the 1 " reading at the June 18, 2002 meeting. {�C 113 WEST mamrrAa1 rzm 47"0-IM FAX 47&47&SM i C. NEW BUSMESS 1 .✓ RZN 02-15.00: An ordinance approving rezoning request RZN 02-15.00 G? � as submitted by Dave Jorgensen of behalf of Larry Garriott for property P1 1 located north of Persimmon Street and west of 46i° Street. The property is \� zoned A-1 , Agricultural and contains approximately 57.82 acres. The request is to rezone to R-1 , Low Density Residential; and to accept the attached Bill of Assurance. ,t/��/ .rn,V�S 67rela !✓� 2. 024.00* An nrdinanc approving vacation request VA 023.00 as submitted by Henry Renegar for property located at 925 Rockwood Trail. The request is to vacate a 10' wide utility easement. 3, RJN ROUP9 A resolution approving an engineering contract with RJN Group for sanitary sewer rehabilitation design for Illinois River Basins 1 -5, 18 and 19 and White River minisystem 27 (Industrial Park), in the amount $548,653, and approval of a 5% contingency of $27,433. 4. /of OUTDOOR MUSIC ESTABLISHMENT: An ordinance adding a definition of "Outdoor Music Establishment" to Chapter 151 Definitions of ` ) the Unified Development Ordinance and adding Section 163.30 to the Unified Development Ordinance to make an Outdoor Music Establishment a Conditional Use in specified zoning districts. n 01 A' tvN C� 4FAYErI TEV]& LE THE Cm OF FAYETTEVLLE. ARKANSAS FINAL AGENDA CITY COUNCIL JULY 2, 2002 A meeting of the Fayetteville City Council will be held on July 2, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain,_Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT (l A. CONSENT \' P� 1 . APPROVAL OF THE MINUTES E - O awarding an engineering contract to Garver Engineers in the not-to-cxceed amount of $275,000 to provide engineering services for the accelerated waterline replacement project. 5$• �D.Z ' O , awarding the engineering contract to the firm of USInfrastructure for engineering studies and recommendations for ( 1 ) the upper Hamestring Creek Basin and (2) the Shenandoah Trailer Park area. The contract price is not-to-exceed $93,424; and approval of an engineering contract contingency in the amount of $ 10,000. Ozregolutioriapproving a lease with Northwest Arkansas Aviation Technologies Center for an executive hangar located at 4248 South School. B. OLD BUSINESS 1 . VA 02-1 .00: An ordinance approving vacation request VA 02- 1 .00 as submitted by Ken and Kathie Marvin for property located in Rochier Heights Subdivision. The request is to vacate the alley L between Lots 8, 9, 10 and 1 I of Block 5 . The ordinance was left on the 1 " reading at the June 18, 2002 meeting. 0 113 WEST MOUNTAIN 77701 47"71-MO FAX 479496-CM • i ' C. NEW BUSINESS C1. RZN 2-1 .00: An ordinance approving rezoning request RZN 02-15.00 �a ^rcfi as submitted by Dave Jorgensen of behalf of Lary Garriott for property located north of Persimmon Street and west of 46'b Street. The property is 1 � zoned A-1 , Agricultural and contains approximately 57.82 acres. The request is to rezone to R-1 , Low Density Residential; and to accept the // /� a ched Bill of Assurance. O ')" '7' approving vacation request VA 02-4.00 as submitted by Henry Renegar for property located at 925 Rockwood Trail. ,/ The request is to vacate a 10' wide utility easement. 4' E5. 020 3. RJN GROUr.• A resolutio approving an engineering contract with RJN Group for sanitary sewer rehabilitation design for Illinois River Basins .1 -5, 18 and 19 and White River minisystem 27 (Industrial Park), in the amount , of $548,653, and approval of a 5% contingency of $27,433. 4. OUTDOOR MUSIC ESTABLISHMENT: An ordinance adding a efmition of "Outdoor Music Establishment" to Chapter 151 Definitions of 6� the Unified Development Ordinance and adding Section 163.30 to the. ,/4cyy �tr_d ' 11 Unified Development Ordinance to make an Outdoor Music Establishment` w. , \�I a Conditional Use in specified zoning districts. -F_AYETTEV& LE THE CRI' OF FAYETTEVRLE, ARKANSAS FINAL AGENDA CITY COUNCIL JULY 212002 A meeting of the Fayetteville City Council will be held on July 2, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT — �6 tl� I '( a T C A. CONSENT 1 . APPROVAL OF THE MINUTES — 2. GARVER ENGINEERS: A resolution awarding an engineering contract to Garver Engineers in the not-to-exceed amount of $275,000 to provide engineering services for the accelerated waterline replacement project. 3. USINFRASTRUCTURE: A resolution awarding the engineering contract to the firm of USInfrastructure for engineering studies and recommendations for (1 ) the upper Hamestring Creek Basin and (2) the Shenandoah Trailer Park area. The contract price is not-to-exceed $93 ,424; and approval of an engineering contract contingency in the amount of $ 10,000. 4. AATC LEASE: A resolution approving a lease with Northwest Arkansas Aviation Technologies Center for an executive hangar located at 4248 South School. B. OLD BUSINESS J1 . VA 02-1 .00: An ordinance approving vacation request VA 02- 1 .00 Q as submitted by Ken and Kathie Marvin for property located in ��J11 �yv Rochier Heights Subdivision. The request is to vacate the alley S T` between Lots 8, 9, 10 and 11 of Block 5. The ordinance was left on Cn the 151 reading at the June 18, 2002 meeting. 113 WEST MOUNTAIN 77701 47M21.7700 FAX 475 FTS-=7 C. NEW BUSINESS 1 . RZN 02-15.00: An ordinance approving rezoning request RZN 02-15.00 t 1 as submitted by Dave Jorgensen of behalf of Larry Garriott for property ✓{1 1 located north of Persimmon Street and west of 46s' Street. The property is zoned A-1 . Agricultural and contains approximately 57.82 acres. The request is to rezone to R-1 , Low Density Residential; and to accept the attached Bill of Assurance. 2, VA 024.00: An ordinance approving vacation request VA 02-4.00 as submitted by Henry Renegar for property located at 925 Rockwood Trail. The request is to vacate a 10' wide utility easement. ^ 3. RJN GROUP: A resolution approving an engineering contract with RJN J Group for sanitary sewer rehabilitation design for Illinois River Basins 1-5, 18 and 19 and White River minisystem 27 (Industrial Park), in the amount +� Cl of $548,653, and approval of a 5% contingency of $27,433 . 4. OUTDOOR MUSIC ESTABLISHMENT: An ordinance adding a definition of "Outdoor Music Establishment" to Chapter 151 Definitions of All J the Unified Development Ordinance and adding Section 163.30 to the Unified Development Ordinance to make an Outdoor Music Establishment � U )Y a Conditional Use in specified zoning districts. FAYETTEVI �LE � ////\{\�\\\ THE CITY OF FAYETTEVILLE. ARKANSAS / \ Krr WILLIAMS, CITY ATTORNEY - � / � � DAVID WHITAKER, ASSN. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor THRU: Heather Woodruff, City Clerk FROM : Kit Williams, City Attorne DATE: July 3, 2002 RE: Passed Ordinances and Resolutions from City Council meeting of July 2, 2002 The following Ordinances and Resolutions were passed at the last City Council meeting and are ready for the mayor' s signature. Enclosed are: kES 021 . Garver Engineers: A Resolution awarding a contract to Garver Engineers in the not-to-exceed amount of $275,000 to provide engineering services for the accelerated waterline replacement project. FS . -o 2, USInfra$trltctuzc-A-Res-QUd Il awarding contract to UsInfrastructure for studies and recommendations for (1 ) upper Hamestring Creek Basin and (2) Shenandoah Trailer Park area . Contract price is not to exceed $93,424; and approval of contingency in amount of $10,000.00. . OZ3. AATC Lease: Resolution approving lease with Northwest Arkansas Aviation Technologies Center for executive hangar located at 4248 S. School . 4. VA 02-4.00: Ordinance approving vacation request as submitted by Henry Renegar for property located at 925 Rockwood Trail . Request is to vacate a 10-foot wide utility easement. _AES IDS- Oz 5. R Group : ResQhLtiQn Approving contract with RJN Group for sanitary sewer rehabilitation design for Illinois River basins 1 -5, 18 and 19 and White River minisystem 27 (Industrial Park), in amount of $548,653.00, and approval of 5 % contingency of $27,433 .00. /4HtUNT CLUB SUBDIVISION: A resolution authorizing the City omey to seek an injunction if necessary against the developer of the Hunt Club Subdivision to compel the installation of street lighting as required under § 166.03 of the Unified Development Ordinance (UDO). 5. RZ 93-50: An ordinance approving the nullifying and revoking rezoning Ordinance 3750 for property described in zoning petition RZ 93-50 for a parcel containing 0.97 acres located at 2220 E Huntsville Road from R- 1 , Low Density Residential District to I-2, General Industrial District. 6, RZN 02-14: An ordinance approving the nullifying, revoking, and f I ` replacing Ordinance 4403 for property described in zoning petition RZN 02- 14 for a parcel containing .280 acres located at the northeast corner of Crossover and East Zion Road from A- 1 , Agricultural to R-o, Residential Office. The intent is to modify the legal description of the requested rezoning. BRARY: A resolution to approve amendments 11 , 12 and 13 to the contract with Meyer, Scherer & Rockcastle LTD for items associated with the off-site improvement for the new library. Total cost is $22,670.00. 8 LI WASTE: An ordinance establishing rate structure and program / ? parameters for the automated cart based residential trash collection and i trvt sposal program. i �iANCAR REHAB: A resolution approving the onst�lt�tion contract CO wVA Ov f / a�habilitation. Gc_ /� J" RMC: A resolution appealing the Planning Commission Decision egarding the required t eq�uired off-site ec/e �.'emen tC . `�DaGc HEATHER CHECK THIS ONE ON WRMC NOT SURE OF WORDING D. INFORMATIONAL ITEMS 1 . COUNCIL TOUR �� 11t` O .O1 C� .J) APPLICANT INTERVIEWS TIME APPLICANT BOARD/COMMITTEE/COMMISSION 4:00 p.m. Jerry Bailey Board of Adjustments & Board of Sign Appeals Planning Commission Tree & Landscape Advisory Committee 4:05 p.m Jeff Hagers Board of Adjustments & Board of Sign Appeals Civil Service Commission Planning Commission 4: 10 p.m. Steven R. Jackson Board of Adjustments & Board of Sign Appeals Environmental Concerns Committee 4: 15 p.m. Stanley E. Adelman Civil Service Commission 4:20 p.m. Dan Epperly Civil Service Commission 4:25 p.m Jon C. Lofton Civil Service Commission Telecommunications Board 4:30 p.m. Martin W. Schoppmeyer, Jr ) Civil Service Commission Planning Commission 4:35 p.m. Carin A. Schoppmeyer Telecommunications Board Walton Arts Center Council, Inc. 4:40 p.m. heree M. Alt Board of Adjustments & Board of Sign Appeals Planning Commission 4:45 p.m. Marti Benedict Environmental Concerns Committee 4:50 p.m. John Clark Rupe Environmental Concerns Committee Tree & Landscape Advisory Committee 4:55 p.m. Linda Rupe Walton Arts Center Council, Inc. 5 :00 p.m. Jeremy Webb Environmental Concerns Committee 5:05 P.M. Stacey Wingate Environmental Concerns Committee 5 : 10 p.m. C,�ICay N. DuVal� Planning Commission TIME APPLICANT BOARD/COMMITTEE/COMMISSION .15: 15 p.m. teve Frankenberger Planning Commission 5 :20 p.m. Jim Watson Civil Service Commission 5 :25 p.m. IrJonathanStory bs Planning Commission J�5 :30 p.m. nt Planning Commission 5 :35 p.m. r Planning Commission 5 :40 p.m. Planning Commission 5 :45 p.m. lch ' Planning Commission 5 :50 p.m. Cheri Lynn Coley Environmental Concerns Committee Telecommunications Board 5 :55 p.m. Troy Wilson, Jr. Planning Commission 6:00 p.m. R. Christian Vaught Board of Adjustments & Board of Sign Appeals Planning Commission 6:05 p.m. Kenneth Myers Telecommunications Board 6: 10 p.m. Kim Autry Telecommunications Board 6: 15 p.m. Frank Finger Tree & Landscape Advisory Board 6:20 p.m. Donna King Tree & Landscape Advisory Board 6:30 p.m. Sykes Harvey Walton Arts Center Council, Inc. 6:35 p.m. Billye Annette Hawkins Walton Arts Center Council, Inc. 6:40 p.m. Linda A. Gaddy Walton Arts Center Council, Inc. Out-of-Town Gary Ault Telecommunications Board Only One Applicant for the Following Committees Jackson White Audit Committee Barbara A. Lofton Youth Advocacy Committee (teacher) OFAYETTEVALE • THE CRY OF FAVETrEVIlE ARKANSAS NOMINATING COMMITTEE REPORT CITY COUNCIL MEETING JULY 212002 AUDIT COMMITTEE Jackson White/One three-year Certified Public Accountant term ending 12/31 /04 BOARD OF ADJUSTMENTS AND BOARD OF SIGN APPEALS Sheree M. Alt/One five-year Public-at-Large term ending 03/31 /07 CIVIL SERVICE COMMISSION Stanley E. Adelman/One three-year term ending 03/31 /05 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Jerry Bailey/One one-year Alternate term ending 03/31/03 ENVIRONMENTAL CONCERNS COMMITTEE Jeremy Webb/One three-year Local Industry term ending 06/30/05 Marti Benedict/One three-year Science Discipline tern ending 06/30/05 Steven R. Jackson/One three-year Citizen-at-Large term ending 06/30/05 Stacey Wingate/One three-year Citizen-at-Large tern ending 06/30/05 Cheri Lynn Coley/One three-year Citizen-at-Large terra ending 06/30/05 Linda Rupe/One three-year Citizen-at-Large term ending 06/30/05 PLANNING COMMISSION Troy Wilson, Jr./One unexpired term ending 03/31 /05 TELECOMMUNICATIONS BOARD Jon C. Lofton/One two-year term ending 06/30/04 Kenneth Myers/One two-year term ending 06/30/04 Gary Ault/One unexpired tern ending 06/30/03 TREE AND LANDSCAPE ADVISORY COMMITTEE John Clark Rupe/One unexpired University Representative term ending 12/31 /03 WALTON ARTS CENTER COUNCIL, INC. Linda A. Gaddy/One three-year term ending 06/30/05 YOUTH ADVOCACY COMMITTEE Barbara A. Lofton/One two-year Teacher term ending 05/31 /04 113 WEST MOUNTAIN 77701 479621-7700 FAX 4796768367 ins Z„,.,.w/c . 0 0 REVISED AS OF 6- 26-02 ORDINANCE NO. AN ORDINANCE APPROVING VA02- 1 .00 "f0 VACATE AND ABANDON A 20, WIDE ALLEY LOCATED BEHIND LOTS 8-9 AND 10- 11 IN BLOCK 5 OF ROCHIER HEIGHTS SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS AS SHOWN ON THE AT"I'ACHF.D MAP. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined that the following described right-of-way is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described right-of- way : See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3. Approval of the requested alley vacation shall be subject to any additional development on lots 10 and I 1 Block 5 and lots 8 through 12 Block 4 of Rochier Heights Subdivision which are adjacent to undeveloped right-of-way being approved through the large scale development process . PASSED AND APPROVED this day of 12002. APPROVED: DRAFT By Dan Coody, Mayor ATTEST: DRAFT By Heather Woodruff, City Clerk EXHIBIT "A" THE PLATTED ALLEYWAY BETWEEN LOTS 8-9 AND 10- 11 IN BLOCK 5 OF PREVIOUS PLATTED ROCHIER HEIGHTS IN THE NE %., NE '/4 OF SECTION 20, T- 16-N, R-30-W, IN WASHINGTON COUNTY, ARKANSAS. REVISED AS OF 6-26-02 ORDINANCE NO. AN ORDINANCE ADDING A DEFINITION OF "OUTDOOR MUSIC ESTABLISHMENT" TO CHAPTER 151 DEFINITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE AND ADDING §163.30 TO THE UNIFIED DEVELOPMENT ORDINANCE TO MAKE AN OUTDOOR MUSIC ESTABLISHMENT A CONDITIONAL USE IN SPECIFIED ZONING DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby adds the following definition of Outdoor Music Establishment to the Definitions Chapter (155) of the Unified Development Ordinance: "Outdoor Music Establishment. Any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby adds §163.30 to the Unified Development Ordinance making Outdoor Music Establishments a Conditional Use where allowed: "§163.30 Outdoor Music Establishments. Outdoor Music Establishments not in operation prior to July 1 , 2002, shall not be allowed in any zoning district except C-2, C-3 and C4, where they may be allowed as conditional uses subject to the following additional conditions: A. Site Plan. A site plan showing the proposed location and size of the outdoor music area; location and direction of speakers; noise absorbing walls, structures or devices; proposed days and hours of operation of the outdoor music area; and measures proposed to lessen or eliminate any adverse affects upon nearby residences and businesses. B. Planning Commission Review. In addition to all normal considerations for a conditional use, the Planning Commission may require noise reducing measures and structures be incorporated into an outdoor music area, may limit the size, power, number and direction of speakers, and may limit the hours of outdoor music generation from the establishment. C. Bond. The Planning Commission may require the owner or operator of the outdoor music establishment to post a bond or letter of credit up to $1 ,000.00 which would be forfeited or paid if the establishment or any band or person operating at such establishment is convicted of violating the Fayetteville Noise Ordinance (§96.04 of the Code of Fayetteville)within eighteen (18) months of the issuance of the bond or letter or credit. Violation of the Fayetteville Noise Ordinance may also constitute grounds for revocation of this Conditional Use to operate an Outdoor Music Establishment." PASSED and APPROVED this 2nd day of July, 2002. APPROVED: PFS By . nIQL — DAN OODY, Mayor ATTEST: By: Heather Woodruff, City Clerk ORDINANCE NO. AN ORDINANCE ADDING A DEFINITION OF "OUTDOOR MUSIC ESTABLISHMENT" TO CHAPTER 151 DEFINITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE AND ADDING P( §163.29 TO THE UNIFIED DEVELOPMENT ORDINANCE TO MAKE AN OUTDOOR MUSIC ESTABLISHMENT A CONDITIONAL lD USE IN SPECIFIED ZONING DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby adds the following definition of Outdoor Music Establishment to the Definitions Chapter (155) of the Unified Development Ordinance: "Outdoor Music Establishment. Any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby adds §163.29 to the Unified Development Ordinance making Outdoor Music Establishments a Conditional Use where allowed : "§163.29 Outdoor Music Establishments. Outdoor Music Establishments not in operation prior to July 1 , 2002, shall not be allowed in any zoning district except C-2, C-3 and C4, where they may be allowed as conditional uses subject to the following additional conditions: A. Site Plan. A site plan showing the proposed location and size of the outdoor music area; location and direction of speakers, noise absorbing walls, structures or devices; proposed days and hours of operation of the outdoor music area; and measures proposed to lessen or eliminate any adverse affects upon nearby residences and businesses. B. Planning Commission Review. In addition to all normal considerations for a conditional use, the Planning Commission may require noise reducing measures and structures be incorporated into an outdoor music area, may limit the size, power, number and direction of speakers, and may limit the hours of outdoor music generation from the establishment. C. Bond. The Planning Commission may require the owner or operator of the outdoor music establishment to post a bond or letter of credit up to $1 ,000.00 which would be forfeited or paid if the establishment or any band or person operating at such establishment is convicted of violating the Fayetteville Noise Ordinance (§96.04 of the Code of Fayetteville)within eighteen (18) months of the issuance of the bond or letter or credit. Violation of the Fayetteville Noise Ordinance may also constitute grounds for revocation of this Conditional Use to operate an Outdoor Music Establishment." PASSED and APPROVED this 2nd day of July, 2002. APPROVED: c By: DAN ODY, Mayor ATTEST: By : Heather Woodruff, City Clerk • TENTATIVE AGENDA CITY COUNCIL JULY 29 2002 A meeting of the Fayetteville City Council will be held on July 2, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES 2. GARVER ENGINEERS: An resolution awarding an engineering contract to Garver Engineers in the not-tocxceed amount of 5275 ,000 to provide engineering services for the accelerated waterline replacement project. 3. USINFRASTRUCTURE: A resolution awarding the engineering contract to the firm of USInfrastructure for engineering studies and recommendations for ( 1 ) the upper Hamestring Creek Basin and (2) the Shenandoah Trailer Park area. The contract price is not-to-exceed $93 ,424; and approval of an engineering contract contingency in the amount of $ 10,000. • 4. AATC LEASE: A resolution approving a lease with Northwest Arkansas Aviation Technologies Center for an executive hangar located at 4248 South School. B. ��` OLD BUSINESS Y RAZE AND REMOVAL: A resolution approving a raze and l\ removal of house at 1200 S . Roberts as per Ordinance 3948. The item was tabled at the May 7, 2002 mectin > Item was tabled at the June 18, 2002 Council it Meeting. „ 2. VA 02-1 .00: An ordinance approving vacation request VA 02- 1 .00 ,,,,,-Las ZAZas submitted by Ken and Kathie Marvin for property located in 1 ^Rochier Heights Subdivision. The requ st is to vac to the alley ctwccn Lots 8, 9, ] 0 and 11 of Block S . g-K 9 70C( JGnc1 2r� OFFER AND ACCEPTANCE : A resolution approving the offer"r and acceptance contract between the City and Darrell and Ethel Meredith for the purchase of 0.4 acres, including 3 ,400 square foot � 0 �uilding at the corner of Nonamaker Street and School Avenue for a LO r _ ( t sum of $ 120,000 plus closing costs, and an additional $9,000 to ( cover environmental soil JtIestin and building mo4ifications for use I i�j ��(� as city storage. J�+ ll q q �tjftaeyl 4.3 C. NEW BUSINESS 1 . R7.N 02-15.00: An ordinance approving rezoning request RZN 02- 15 .00 as submitted by Dave Jorgensen of behalf of Larry Garriott for property located north of Persimmon Street and west of 46" Street. The property is zoned A- 1 , Agricultural and contains approximately 57.82 acres. The request is to rezone to R- 1 , Low Density Residential; and to accept the attached Bill of Assurance. 2. VA 024.00: An ordinance approving vacation request VA 02-4.00 as submitted by Henry Rcncgar for property located at 925 Rockwood Trail. The request is to vacate a 10' wide utility casement. 3. RJN GROUP: A resolution approving an engineering contract with RJN Group for sanitary sewer rehabilitation design for Illinois River Basins 1 -5, 18 and 19 and White River minisystem 27 (Industrial Park), in the amount of $548,653, and approval of a 5% contingency of S27,433 . 4. OUTDOOR MUSIC ESTABLISHMENT: An ordinance adding a definition of "Outdoor Music Establishment" to Chapter 151 Definitions of • the Unified Development Ordinance and adding Section 163 .29 to the Unified Development Ordinance to make an Outdoor Music Establishment a Conditional Use in specified zoning districts. D. INFORMATIONAL ITEMS n 1 . HAY PLAN: Presentation of the Hay Pla" ?51&� �B Vim ~4- � J 2. COUNCIL TOUR- rp . • TENTATIVE AGENDA • CITY COUNCIL JULY 212002 A meeting of the Fayetteville City Council will be held on July 2, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES 2. GARVER ENGINEERS: An resolution awarding an engineering contract to Garver Engineers in the not-to-exceed amount of $275,000 to provide engineering services for the accelerated waterline replacement project. 3. USINFRASTRUCTURE: A resolution awarding the engineering contract to the firm of USInfrastructure for engineering studies and recommendations for (1 ) the upper Hamestring Creek Basin and (2) the Shenandoah Trailer Park area. The contract price is not-to-exceed $93,424; and approval of an engineering contract contingency in the amount of $ 10,000. 4. AATC LEASE: A resolution approving a lease with Northwest Arkansas • Aviation Technologies Center for an executive hangar located at 4248 South School. B. OLD BUSINESS 1 . RAZE AND REMOVAL: A resolution approving a raze and removal of house at 1200 S. Roberts as per Ordinance 3948. The item was tabled at the May 7, 2002 meeting. Item was tabled at the June 18, 2002 Council Meeting. 2, VA 02-1 .00: An ordinance approving vacation request VA 02-1 .00 as submitted by Ken and Kathie Marvin for property located in Rochier Heights Subdivision. The request is to vacate the alley between Lots 8, 9, 10 and 11 of Block 5. 3, OFFER AND ACCEPTANCE: A resolution approving the offer and acceptance contract between the City and Darrell and Ethel Meredith for the purchase of 0.4 acres, including 3,400 square foot building at the comer of Nonamaker Street and School Avenue for a sum of $ 120,000 plus closing costs, and an additional $9,000 to cover environmental soil testing and building modifications for use as city storage. • C. NEW BUSINESS 1. RZN 02-15.00: An ordinance approving rezoning request RZN 02-15 .00 as submitted by Dave Jorgensen of behalf of Larry Garriott for property located north of Persimmon Street and west of 46`s Street. The property is zoned A-1 , Agricultural and contains approximately 57.82 acres. The request is to rezone to R-1 , Low Density Residential; and to accept the attached Bill of Assurance. 2, VA 02-4.00: An ordinance approving vacation request VA 02-4.00 as submitted by Henry Renegar for property located at 925 Rockwood Trail. The request is to vacate a 10' wide utility easement. 3. RJN GROUP: A resolution approving an engineering contract with RJN Group for sanitary sewer rehabilitation design for Illinois River Basins 1 -5, 18 and 19 and White River minisystem 27 (Industrial Park), in the amount of $548,653, and approval of a 5% contingency of $27,433 . 4. OUTDOOR MUSIC ESTABLISHMENT: An ordinance adding a defmition of "Outdoor Music Establishment" to Chapter 151 Definitions of the Unified Development Ordinance and adding Section 163 .29 to the Unified Development Ordinance to make an Outdoor Music Establishment a Conditional Use in specified zoning districts. D. INFORMATIONAL ITEMS 1. HAY PLAN: Presentation of the Hay Plan. 2, COUNCIL TOUR •