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Home My WebLink About2004-06-01 - Agendas - Final Final Agenda City Council Meeting June 1 , 2004 A meeting of the Fayetteville City Council will be held on June 1 , 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: 1 . Approval Of The Minutes: Approval of the May 18, 2004 meeting minutes. PULLED FROM CONSENT AGENDA, 2. Landscape Forms Contract: A resolution to approve a purchase order with Landscape Forms, Inc. for 15 benches and 50 litter receptacles for the amount of $46,256.95 and to approve a budget adjustment of $35,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 81 -04, 3. Crossland Construction Library CO 015: A resolution to approve Change Order # 15 in the amount of $ 100,000.00 to fund signage (interior and exterior) in the Crossland Construction Company, Inc. contract to build the Fayetteville Public Library. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 82-04, 4. 2004 Community Development Block Grant: A resolution to accept the 2004 Community Development Block Grant in the amount of $761 ,000.00, to approve the 2004 Funding Agreement and to approve the 2004 Consolidated Action Plan. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 83-04, 5, Scott Construction Excavator Purchase: A resolution to approve the purchase of a Gradall Excavator from Scott Construction Company for the low bid of $260,470.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-04, 6. Teeco Safety, Inc. Tascr Purchase: A resolution to award a bid in the amount of $34,830.06 to purchase twenty tasers from Teeco Safety, Inc. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 85-04, B. OLD BUSINESS: 1 . Water Service Agreement with Springdale: A resolution to approve an amendment to the water service agreement with Springdale to move the water service boundary so that • i 180 acres now with the Fayetteville Water Service Area can be moved into the Springdale Water Service Area. This resolution was tabled at the May 18, 1004 City Council meeting until the June 1, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-04, 2. ANX 04-06.00 (Leigh Taylor Properties): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Leigh Taylor Properties, LLC for property located at 2470 Hwy. 112 containing approximately 29.86 acres. The ordinance was left on the first reading at the May 18, 2004 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 3. VAC 04-10.00 Right of Way (Paul Dunn): An ordinance approving VAC 04- 10.00 to vacate and abandon a 25 ' portion of the platted right of way for Rebecca Street east of Vinson Avenue along the north boundary of Lot 8 of the Vinson Subdivision, retaining a utility easement within subject property as depicted on the attached map and legal description. The ordinance was left on the second reading at the May 18, 1004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4578. C. NEW BUSINESS: 1 , R-PZD 04-06.00 (John Nock): An ordinance establishing a Residential Planned Zoning District titled R-PZD 04-06.00 located on Rupple Road south of Wedington Drive containing approximately 41 .70 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. THIS ITEM WAS LEFT ON THE SECOND READING. 2. Rupple Row Money in Lieu of Land: A resolution to accept the recommendation of the Parks and Recreation Advisory Board to accept $7,482.75 in lieu of a portion of the parkland dedication requirements of Rupple Row Subdivision. THIS ITEM WAS TABLED TO THE JUNE 15, 2004 MEETING. 3. Annex Islands Containing 180.979 Acres: A resolution to purpose an ordinance calling for the annexation of a large parcel of land completely surrounded by the incorporated limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-04, 0 0 4. Annex Islands Containing 449.509 Acres: A resolution to purpose an ordinance calling for the annexation of several parcels of land completely surrounded by the incorporated limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-04, 5. Annex Islands Containing 704.84 Acres: A resolution to purpose an ordinance calling for the annexation of University of Arkansas land completely surrounded by the incorporated limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 89-04, 6. Raze and Removal 800 S College: A resolution to approve an order to raze and remove a dilapidated and unsafe structure located at 800 S College Avenue, Fayetteville. THIS ITEM WAS TABLED TO THE AUGUST 3, 2004 MEETING. 7. Amend §171 .01 of the Unified Development Code Residential Gates for Subdivisions: An ordinance to amend § 171 .01 of the Unified Development Code to add new subsection (D) restricting the installation of gates for residential subdivisions. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4579. 8. Repeal Resolution No. 156-01 Staffing Freeze: A resolution to repeal Resolution 156- 01 which established a staffing freeze for the City of Fayetteville on November 20, 2001 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 90-04, D. INFORMATIONAL: Memorial Day Holiday May 31 , 2004. No Council Tour due to Holiday Meeting adjourned at 7:55 p.m. Fayetteville City Council Meeting 01pune 1 , 2004 Subject: Pat Motion To: Motion By: Seconded : Jordan Reynolds 'Thiel Cook Marr Rhoads Davis Lucas ./ Mayor Coody Subject : Motion To: Motion By: GA d w— Seconded: �S Jordan ✓ Reynolds 'Thiel ./ {� Cook ✓ Harr Rhoads /v�JI(91��iL^ Davis Lucas mayor Coody Fayetteville City Council Meeting Tune 1 , 2004 • Subject: 1 , ',� Motion To: t � v L a,4(),""" _ , Motion By: Q " Seconded: S Jordan o �/ ✓ C j Reynolds ✓ �/ 'thiel �/ ✓ I Cook ✓ ,/ Marr ✓ r/ P / C Rhoads 8 ! O I Davis ✓ Lucas ✓ �✓ Mayor Coody Subject : 'A D � — t0 • 00 pC E / �P &A Gl Iv Jordan � Reynolds t/ Thiel Cook r/ Marr Rhoads ✓ Davis Lucas Mayor Coody Fayetteville City Council Meeting oTJune I , 2004 • Subject A 0, 2 � V Motion To: J Motion By: 6i 15 Seconded: Jordan Reynolds Thiel / ✓ Cook ✓ Marr ✓ `� p �7 Rhoads ✓ Davis �/ ✓ Lucas Mayor Coody Subject : �' - /Oz /L Motion To: a /J /2L Motion By: S Seconded : Jordan r/ Nom ' Reynolds ✓ Thiel ✓ Cook ✓ Pp� � Marr I v" Rhoads ✓ Davis f SQ eM°� Lucas �� Mayor Coody Fayetteville City Council Meeting O June 1 , 2004 • Subject : 61 Motion To: �/ 0_ ! / d a ,if �� Motion By: !m �� • "'7` Seconded: da— ^^ II Jordan AW Reynolds ✓ Thiel ✓ p� Cook ✓ Marr ✓ Rhoads ✓ l�^ r Davis Lucas ✓ M Mayor Coody Subject: 4'a ,. 9.79) E Jordan Reynolds ✓ Thiel Cook ✓ Marr Rhoads Davis Lucas Mayor Coody Fayetteville City Council 111ecting Rune 1 , 2004 • Subject: q-71 QCAZ,5l.� Motion To: Motion By: Seconded: Jordan ✓ Iv Reynolds ✓ Thiel Cook Marr Rhoads Davis c/ ]` Lucas ✓ Mayor Coody Subject: Motion To: Motion By: Seconded: Jordan 44 4�r Reynolds Thiel ✓ Cook ✓ v n Marr Rhoads ✓ Davis ✓ 0 `( Lucas Mayor Coody Fayetteville City Council Meeting o lune 1 , 2004 • Subject : Motion To: Oj/ /•� Motion By: Seconded : a � y� �p Jordan t1� Reynolds N Thiel ✓ Cook ✓ Marr Rhoads r✓ Daviswxj ✓ Lucas ^ Ai Mayor Coody Subject: /� �/ / • o � GfD ' alu;s Motion To: �,�_�^1 Motion By: r1 // R CJ%DWV0 L Seconded: Q� � _0 n Jordan L/ r/ U l/ Reynolds ✓ ✓ ✓ Thiel ✓ ✓ r/ t Cook ✓ ,/ Marr ✓ r✓ Rhoads �/ r✓ y 9 Davis ✓ J Lucas Mayor Coody Fayetteville City Council Meeting oT.lune 1 , 211114 • Subject: Motion To: Motion By: Seconded: f� Jordan V Reynolds Al '1'hicl I/ Cook Marr Rhoads Ioff— Davis cf O 0 Lucas ✓ Mayor Coody Subject: Motion To: Motion By: Seconded: Jordan Reynolds Thiel Cook Marr Rhoads Davis Lucas Mayor Coody Final Agenda City Council Meeting June 1 , 2004 A meeting of the Fayetteville City Council will be held on June 1 , 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: 1. Approval Of The Minutes: Approval of the May I8, 2004 meeting minutes. 2. Landscape Forms Contract: A resolution to approve a purchase order with Landscape Forms, Inc. for 15 benches and 50 litter receptacles for the amount of $46,256.95 and to approve a budget adjustment of$35,000.00. 3. Crossland Construction Library CO #15: A resolution to approve Change Order # 15 in the amount of $ 100,000.00 to fund signage (interior and exterior) in the Crossland Construction Company, Inc. contract to build the Fayetteville Public Library. 4. 2004 Community Development Block Grant: A resolution to accept the 2004 Community Development Block Grant in the amount of $761 ,000.00, to approve the 2004 Funding Agreement and to approve the 2004 Consolidated Action Plan. 5, Scott Construction Excavator Purchase: A resolution to approve the purchase of a Gradall Excavator from Scott Construction Company for the low bid of $260,470.00. 6. Teeco Safety, Inc. Taser Purchase: A resolution to award a bid in the amount of $34,830.06 to purchase twenty tasers from Teeco Safety, Inc. B. OLD BUSINESS: 1. Water Service Agreement with Springdale: A resolution to approve an amendment to the water service agreement with Springdale to move the water service boundary so that 180 acres now with the Fayetteville Water Service Area can be moved into the Springdale Water Service Area This resolution was tabled at the May 18, 2004 City Council meeting anti) the June 1, 2004 City Council meeting. 2. ANX 04-06.00 (Leigh Taylor Properties): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Leigh Taylor Properties, LLC for property located at 2470 1lwy. 112 containing approximately 29.86 acres. 77te ordinance was left on the first reading at the May 18, 2004 City Council meeting. 3. VAC 04-10.00 Right of Way (Paul Dunn): An ordinance approving VAC 0410.00 to vacate and abandon a 25' portion of the platted right of way for Rebecca Street east of Vinson Avenue along the north boundary of Lot 8 of the Vinson Subdivision, retaining a utility casement within subject property as depicted on the attached map and legal description. The ordinance was left on the second reading at the May 18, 2004 City Council meeting. C. NEW BUSINESS: 1. R-PZD 04-06.00 (John Nock): An ordinance establishing a Residential Planned Zoning District titled R-PZD 0406.00 located on Rupple Road south of Wedington Drive containing approximately 41 .70 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. 2. Rupple Row Money in Lieu of Land: A resolution to accept the recommendation of the Parks and Recreation Advisory Board to accept $7,482.75 in lieu of a portion of the parkland dedication requirements of Rupple Row Subdivision. 3. Annex Islands Containing 180.979 Acres: A resolution to purpose an ordinance calling for the annexation of a large parcel of land completely surrounded by the incorporated limits of Fayetteville. 4. Annex Islands Containing 449.509 Acres: A resolution to purpose an ordinance calling ) for the annexation of several parcels of land completely surrounded by the incorporated limits of Fayetteville. 5. Annex Islands Containing 704.84 Acres: A resolution to purpose an ordinance calling for the annexation of University of Arkansas land completely surrounded by the incorporated limits of Fayetteville. 6. Raze and Removal 800 S College: A resolution to approve an order to raze and remove a dilapidated and unsafe structure located at 800 S College Avenue, Fayetteville. 7. Amend §171.01 of the Unified Development Code Residential Gates for Subdivisions: An ordinance to amend § 171 .01 of the Unified Development Code to add new subsection (D) restricting the installation of gates for residential subdivisions. 8. Repeal Resolution # 156-01 Staffing Freeze: A resolution to repeal Resolution 156-01 which established a staffing freeze for the City of Fayetteville on November 20, 2001. D. INFORMATIONAL: Memorial Day Holiday May 31, 2004. No Council Tour due to Holiday f FAYETTEVILLE THE CITY OF FAYETFEVILLE, ARKANSAS 113 W. Mountain SI. Fayetteville, AR 72701 Telephone: 501-575-8206 ENGINEERING DESIGN SERVICES DIVISION CORRESPONDENCE. TO: Tim Conklin, CPES Director FROM: Ron Petrie, Engineering Design Services Manager f7 DATE: May 26, 2004 SUBJECT: Dickson Street Enhancement Project The following is a summary of the remaining funds in the Dickson Street Enhancement Project: CONTRACT PLUS CONTINGENCY AMOUNT - $3,264, 167.20 AMOUNT INVOICED AS OF 5/26/04 -=3. 03.623.32 REMAINING FUNDS AS OF 5/26/04 - $ 609543.88 *ANTICIPATED ADDITIONAL INVOICES - �-,20,0=Q *ANTICIPATED FINAL REMAINING FUNDS - $ 40,543.88 *The Contractor for the project, Township Builders, Inc., has not provided the City with the final invoice for the project. The official final project costs can be provided as soon as the invoice has been received and approved by the City. C� aG and City of Fayetteville Community Development Block Grant 2004 ADMIN 141 ,334 (Funding cap of 20%) HOUSING PROGRAM REHAB 3819795 HOMEOWNERSHIP 108000 HABITAT 81000 399,795 PUBLIC SERVICES 7 HILLS 25,000 TAXI PROGRAM 40,000 TRANSPORTATION 10,000 BOYS AND GIRLS CLUB 30,000 (Funding cap of 15%) 105,000 REDEVELOPMENT PROGRAM CODE COMPLIANCE 65,415 LAND ACQUISTION 49,456 114,871 TOTAL GRANT AMOUNT S 761,000 �eadd� Mu�e,� City of Fayetteville , Arkansas Request for Expansion/Replacement Equipment Division: Transportation Program: Date of Request: 5/12/2004 Acct.# Currently Charged: Acct. # to be Charged: _W�2/00 Expansion X or Replacement _ Dale Required: ASAP Unit # for Vehicle being Replaced: Unit # for Expansi mVReplacement Purchase Price of ExpJReplace Vehicle: 260,470.00 CIP Budget / Project # 4470.9470.5802 4006 Monthly Motor Pod Charges for Current and/or Replacement Vehide/Equipment Replacement: Maintenance: Overhead: # Of Months Budgeted: Total Budgeted: ?aR' *BBL- 05 331 . 0 O'� ExpansionlReplacement Monthly Motor Pod Charges for New Vehicle/Equipment Replacement 2.996.00 Maintenance: - 350.00 Overhead: 241 .00 # of Months to be in Service for Current Year. , 5.00 Current Year Expense, New: 17,935.00 Current Year Expense, Old: Total Curtent Year Expense: 17,935.00 Desonp0on of equipment to be Kirdrased/bansfened: (Attach Additional Sheels H Necessary) Gradall Excavator model XL410011 Justification for expansiorrheplacement (Albch Additional Streets it Necessary) A truck mounted excavator provides rapid mobility from job to )ob and allows one operator to dig and contirxausly'move Wong the project. Approval Signatures: DivisionHeadDae ' rmance & Intemal Services Dir. pate -7 s , o� =F-FeMel ars lerrdenl ate Ch' A stiative Officer Dale 5 I Manager Dal r Mayor Dale RESOLUTION NO. a A RESOLUTION TO APPROVE AN AMENDMENT TO THE WATER SERVICE AGREEMENT WITH SPRINGDALE TO MOVE THE WATER SERVICE BOUNDARY SO THAT 180 ACRES NOW WITH THE FAYETTEVILLE WATER SERVICE AREA BE MOVED INTO THE SPRINGDALE WATER SERVICE AREA AS SOON AS SPRINGDALE ACCEPTS THE TRANSFER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : Upon request of the property owner, agreement of the Springdale Water and Sewer Commission, and in light of the existing infrastructure available to the 180 acre parcel identified in Exhibit A, the City Council of Fayetteville hereby finds it is proper to adjust the water service boundary line between Fayetteville and Springdale so that this 180 acre parcel is moved into the Springdale water service area as soon as Springdale and its Water and Sewer Commission agree to accept this transfer. PASSED and APPROVED this 151 day of June, 2004. APPROVED: D�`FT By: . DAN COODY, Mayor ATTEST: By: SONDRA SMTPH, City Clerk i j WET`I EVI LLE 1N1 CITY O IAYSI MLI, "KANSAS Krr WI WAMS, CITY ATTORNEY DAVID WTirrAKu. ASST. CnY ATTORNEY DEPARTMENTAL CORRESPONDENCE LF.GALDEPARTM .. TO: City Council FROM : Kit Williams, City Attorney DATE: May 24, 2004 RE: Water Service Boundary transfer of 180 acres to Springdale Attached is the proposed Amended Resolution to make the change in water service boundary dependent upon Springdale 's agreement to accept the 180 acres as proposed by the owners of this land. If acceptable, an alderman will need to move to amend the initial Resolution to conform with the wording in this amended version. (SIC ICS Annexation of Islands Informational Meeting Summary of Discussion May 20, 2004 Introduction and background information was presented to the public by Tim Conklin, Director of Community and Engineering Services. Members of City Staff were present to answer particular questions in regard to their divisions. These members included Greg Boettcher (Administration), Chris Bosch (Fire Dept.), Terry Gulley (Transportation), Carrol Hill and Brian Pugh (Solid Waste), Frank Johnson (Police), and Dawn Warrick (Planning). After Tim Conklin presented the public with the background information a question and answer session followed. Ralph and Geneva Cook of 410 Cunningham Ln. stated that they were happy being in the County and that they had no desire to come into the City of Fayetteville. A question arose to why they were notified and there neighbors were not. Staff later concluded that all of the ad joiners to the Cooks are already located within the City of Fayetteville. Mary Ray, owner of Ray-Mo Small Engine 3815 E. Huntsville Rd, stated that her property was located in a floodplain and it was her understanding that State Law would not permit a municipality from annexing property located in a flood plain. In a telephone conversation earlier in the day she asked the same question of Staff and was directed to speak to Kit Williams the City's Attorney. Mrs. Ray was also concerned with having a 11 commercial business being brought into the City with a residential zoning classification. If they were to lose their business in a flood would they be able to continue operating commercially? Bill Wilson of 2431 N. Salem road had a question of operating his welding business in a proposed residential zone. Mr. Wilson stated that he would not have a problem being annexed, however, he would like to come in with a light industrial zoning classification. Stan Thomas of 4050 Mt Comfort Rd. inquired about the City extending sewer service to his property. Currently the property surrounding Mr. Thomas is being developed into subdivisions and he requested information on tying into the sewer line. Apparently Mr. Thomas had his lateral lines damaged as a result of development on the adjoining property. The Thomas's also have a horse barn and pasture that they currently use to board horses. The Thomas's feel that if horses were not allowed due to being zoned residential that they would lose property value. They requested to be zoned R-A. Other general questions that were asked dealt primarily with residents' ability to maintain their current agricultural uses once their land is annexed and re-zoned residential. 'Raze t , RESOLUTION NO. A RESOLUTION TO APPROVE AN ORDER TO RAZE AND REMOVE A DILAPIDATED AND UNSAFE STRUCTURE LOCATED AT 800 S. COLLEGE AVENUE, FAYE11TVILLE WHEREAS, by certified mail, the owner of the dilapidated and unsafe building was notified on September 4, 2003 that because the building was dilapidated, unsafe, unsanitary or detrimental to the public welfare, the owner must repair or demolish the building; and WHEREAS, the owners have not obtained the required permits nor performed satisfactory repairs, nor demolished the building; and WHEREAS, §95.04 of the Code of Fayetteville in compliance with state law grants the City Council the power to order the razing and removal of such building after a public hearing upon proof that such building is dilapidated, unsafe, unsanitary, or detrimental to the public welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVELLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas, atter a public hearing on this issue, hereby finds that the building at 800 S. College Avenue, Fayetteville has been shown to be and is dilapidated, unsafe, unsanitary, or detrimental to the public welfare to such an extent that an order for the building's razing and removal should be and hereby is issued. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby directs that a lien in the reasonable cost of the razing and removal of the structure be placed on this property until such lien amount, plus any allowed interest, is paid in full. PASSED and APPROVED this the I ' day of June, 2004. APPROVED: By. DAN COODY, Mayor ATTEST: By: — SONDRA SMITH, City Clerk i` � i 1ry { •� { c t }a. •ka � i y - �� w3'i��x+..'st.� r1 xL � y x r i .... 'IL�v .. .y ` l� B {4tp�^i rr� t `l1 lifk x • � ; WOUSIllIV. a s 1 I }jy'r._ �I i ''! .. 8' R {4•f. �t -�. ep[ 'er �. '!f ' y + ^•z t . ,-4p `� n F� S .jg _ _ i { t '' i '� E i ( 5' la`-'yffPT� T �• >�� Q >v.. i. It ;21 flll1xilt �i; { r 4A it 4 i Y1v F ###} Ir' } , � tr i itlf •� al`ytA]fr tlit ! o• o """. i `+ { � rr\ y� � 7."'�' rIll. r tr ;ti Z_lt 14 y ,5 `,P -yt x� as u lair t• r v t 'y iit e �r 1�.. 7 + �•s 3- I' rseu.. Y't a ; 7 f Ir ��, r•" r .� _; :1` Y-�.�.>• t � !•`� r ynxx a.:'� ..[ ..>_J �„�t-r,,.,. .a xt r A y;. .� r�: t r t» • . ,.rL 3�.> rt _ ;.— .n-.�:.i K;1��1 ; ,( '.Y.$ O' J rte.- ~ _ < ,�v E t a Y• f'•a '"� � pkd " i 'rl .§• -. :2;.:. - . ' it lA ile ..- fl LT la r 4 ot, � s Tl i� . 4 5' � ALDERMAN AGENDA REQUEST FORM FOR: COUNCIL MEETING OF JUNE 1, 2004 FROM: ALDERMAN DON MARR and ALDERMAN LIONELD JORDAN ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §171 .01 Of The Unified Development Code To Add New Subsection(D) Restricting The Installation Of Gates For Residential Subdivisions APPROVED FOR AGENDA: , L MARR, Alderman Da G gVa LIONELD AN, Alderman 2f o Attorney (as to form) Date ORDINANCE NO, AN ORDINANCE TO AMEND §171 .01 OF THE UNIFIED DEVELOPMENT CODE TO ADD NEW SUBSECTION (D) RESTRICTING THE INSTALLATION OF GATES FOR RESIDENTIAL SUBDIVISIONS WHEREAS, the 2020 Plan recommended by the Planning Commission and adopted by the City Council after numerous lengthy public hearings and debate recommends against walled and gated residential subdivisions; and WHEREAS, except for rare circumstances such as a gated retirement facility, there is no security justification for residential neighborhoods and new residential subdivisions to be gated; and WHEREAS, the 2020 Plan encourages connectivity between residential subdivisions to foster the feeling of community and trust throughout Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby l amends §171.01 Miscellaneous Provisions of Chapter 171 : Streets and Sidewalks by _1 adding new subsection (D) as shown below: "(D) Gated streets not allowed in most residential subdivisions "No residential subdivision or apartment complex shall be constructed with a gate across a street without prior express approval by resolution of the City Council that finds that, security considerations favoring a gate outweigh aesthetic considerations and the city's policies in favor of connectivity, openness and neighborliness." PASSED and APPROVED this the 1 st day of June, 2004. APPROVED -- O By DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk ALDERMAN AGENDA REQUEST FORM FOR: COUNCIL MEETING OF JUNE 1, 2004 FROM: ALDERMAN KYLE COOK ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Repeal Resolution No. 156-01 Which Established A Staffing Freeze For The City Of Fayetteville On November 20, 2001 APPROVED FOR AGENDA: 45z � Al -man Dat SI� Y �d � City Attorney ( s to form) Date RESOLUTION NO. A RESOLUTION TO REPEAL RESOLUTION NO. 156-01 WHICH ESTABLISHED A STAFFING FREEZE FOR THE CITY OF FAYETTEVILLE ON NOVEMBER 20, 2001 WHEREAS, the City of Fayetteville has continued its rapid population growth into the Twenty First Century; and WHEREAS, new City programs to curb litter, beautify the City, enforce code compliance, implement impact fees, implement new planning documents like the BWR Traffic Study, Downtown Master Plan, manage storm water runoff, provide increased fire and police protection, process development requests, perform zero based budgeting, pave more road and sidewalk miles each year, and perform the myriad government support functions, all place additional requirements upon city employees' time and efforts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution No. 156-01 so that the administration can plan to include vitally \ needed additional staff in the 2005 Budget. The City Council realizes that the budget J constraints are not over and so will closely examine the justification for and necessity of any additional staff positions that may be proposed by the administration. PASSED and APPROVED this 10 day of June, 2004. APPROVED: t� By: `N DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk Tentative Agenda City Council Meeting June 1 , 2004 A meeting of the Fayetteville City Council will be held on June 1 , 2004 at 6:00 pm. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Agenda Session: OMI Annual Report Proposed Jail Closing Presentation by Chief Hoyt Discussion of Mediation Process by Sidney H. McCollum A. CONSENT: 1 . Approval Of The Minutes: Approval of the May 18, 2004 meeting minutes. 2. Ropple Row Money in Lieu of Land: A resolution to accept the recommendation of the Parks and Recreation Advisory Board to accept $7,482.75 in lieu of a portion of the parkland dedication requirements of Rupple Row Subdivision. 3. Landscape Forms Contract: A resolution to approve a purchase order with Landscape Forms, Inc. for 15 benches and 50 litter receptacles for the amount of $46,256.95 and to approve a budget adjustment of$35,000.00. B. OLD BUSINESS: 1. Water Service Agreement with Springdale: A resolution to approve an amendment to the water service agreement with Springdale to move the water service boundary so that 180 acres now with the Fayetteville Water Service Area can be moved into the Springdale Water Service Area This resolution was &bled at the May l8, 2004 C1ry Council meeting until the lune 1, 2004 City Council meeting. 2. ANX 04-06.00 (Leigh Taylor Properties): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Leigh Taylor Properties, LLC for property located at 2470 Hwy. 112 containing approximately 29.86 acres. The ordinance was left on the fust reading at the May 18, 2004 City Council meeting 3. VAC 04-10.00 Right of Way (Paul Dunn): An ordinance approving VAC 04-10.00 to vacate and abandon a 25' portion of the platted right of way for Rebecca Street east of Vinson Avenue along the north boundary of Lot 8 of the Vinson Subdivision, retaining a utility casement within subject property as depicted on the attached map and legal description. The ordinance was /eft on the second reading at the May 18, 2004 City Council meeting. C. NEW BUSINESS: 1. Crossland Construction Library CO #15: A resolution to approve Change Order #15 in the amount of $100,000.00 to fiord signage (interior and exterior) in the Crossland Construction Company, Inc. contract to build the Fayetteville Public Library. 2. 2004 Community Development Block Grant: A resolution to accept the 2004 Community Development Block Grant in the amount of $761 ,000.00, to approve the 2004 Funding Agreement and to approve the 2004 Consolidated Action Plan. 3. Scott Construction Excavator Purchase: A resolution to approve the purchase of a Gradall Excavator from Scott Construction Company for the low bid of $260,470.00. 4. Teeco Safety, Inc. Taser Purchase: A resolution to award a bid in the amount of $34,830.06 to purchase twenty tasers from Teeco Safety, Inc. 5. R-PZD 04-06.00 (John Nock): An ordinance establishing a Residential Planned Zoning District titled R-PZD 04-06.00 located on Rupple Road south of Wedington Drive containing approximately 41 .70 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. 6. Annex Islands Containing 180.979 Acres: A resolution to purpose an ordinance calling for the annexation of a large parcel of land completely surrounded by the incorporated limits of Fayetteville. 7, Annex Islands Containing 449SO9 Acres: A resolution to purpose an ordinance calling for the annexation of several parcels of land completely surrounded by the incorporated limits of Fayetteville. 8. Annex Islands Containing 704.84 Acres: A resolution to purpose an ordinance calling for the annexation of University of Arkansas land completely surrounded by the incorporated limits of Fayetteville. 9. Raze and Removal 800 E College: A resolution to approve an order to raze and remove a dilapidated and unsafe structure located at 800 E College Avenue, Fayetteville. 10. Sale of Shake's Building: A resolution of intent to sell municipally owned property at the comer of Sang Avenue and Sixth Street (A portion of the former Shake's Frozen Custard lot and building). D. INFORMATIONAL: Memorial Day Holiday May 31, 2004. A. 2 Rupple Row Money in Leu of Land City Council Meeting of June ] , 2004 Pape t of to Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor Coody and City Council Thru: Gary Dumas, Director of Operations Connie Edmonton, Parks and Recreation Director From: Rebecca Ohman, Park Planner 14c. Date: May 10, 2004 Subject: Resolution to accept the Parks and Recreation Advisory Board recommendation to accept a combination of money and land for Rupple Row PZD RECOMMENDATION Parks and Recreation Staff recommends accepting the Parks and Recreation Advisory Board recommendation to accept a combination of money and land for Rupple Row PZD. BACKGROUND In October 2001 , WHM Investments, Inc. developed the Meadowlands Subdivision. To satisfy their park land dedication requirements, they dedicated 3.08 acres to the City. In addition, WHM Investments, Inc banked 5.37 acres to meet future park land dedication requirements by the developer in the southwest park quadrant. These dedications were used to create the playing fields and trail at the Boys and Girls Club. Nock Investments, LLC purchased Tract 7 of the WFIM Investments, Inc land or 41 .70 acres and the development rights of the banked 5.37 acres. DISCUSSION Nock Investments proposes Rupple Row Subdivision, a residential subdivision with 182 single family and 39 two-family (78 units). The park land dedication for the development exceeds the amount of dedication land banked (5.37 acres), therefore a park land dedication or money-in-lieu is required, prior to issuance of the final plat. In addition, the Park (and Dedication Ordinance states if a subdivision is over 40 acres or 100 units, the requirement is land. '...How ever, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks and Recreation Advisory Board with instructions or further study. " (Unified Developinent Ordinance No. 166. 03AQ r A. 2 Rupple Row Money in Leu of Land City Council Meeting of June 1 , 2004 Page 2 of 10 Agenda Item Number The Parks and Recreation Advisory Board reviewed this project on May 3, 2004. PRAB recommends a money-in-lieu dedication in the amount of $7,482.75 to satisfy the remaining requirements. BUDGETIMPACT A park land dedication of $7,482.75 will be paid to the southwest park quadrant for park development and acquisition. Attachments; PRAB Meeting Minutes Rupple Row Proximity Map Rupple Row Plans Rupple Row Letter 0 d A. 2 Rupple Row Money in Leu of Land Page 3 of 10 RESOLUTION NO. A RESOLUTION TO ACCEPT THE RECOMMENDATION OF THE PARKS AND RECREATION ADVISORY BOARD TO ACCEPT $7,482.75 IN LIEU OF A PORTION OF THE PARKLAND DEDICATION REQUIREMENTS OF RUPPLF. ROW SUBDIVISION WHEREAS, after using 5.37 acres of banked park land for a portion of its park land dedication requirements, Nock Investments, LLC desires to pay $7,482.75 in lieu of the remainder of its park land dedication requirements for Rupple Row Subdivision; and WHEREAS, the Fayetteville Parks and Recreation Advisory Board determined that a neighborhood park is not feasible or advisable and recommended accepting this $7,482.75 in lieu of additional park land dedication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby accepts the recommendation of the Parks and Recreation Advisory Board to accept $7,482.75 in lieu of the remainder of park land dedication not fulfilled by bankcdopark land. PASSED and APPROVED this 1 " day of June, 2004. APPROVED: By: pR01 DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk A. 2 Rupple Row Money in Leu of Land Page 4 of 10 PARKS AND RECREATION ADVISORY BOARD Meeting Minutes May 3, 2004 Opening : The regular meeting of the Parks and Recreation Advisory Board was called to order at 5 : 36 p . m . on May 3, 2004 in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Chairman Colwell, Present: Parks and Recreation Advisory Board members Colwell, Bailey, Eads, Hill, Marley, and Mauritson, Pawlik Holmes; City staff Coles, Ohman, Wright, Weber, Hatfield, Edmonston ; and Audience. 1 . Approval of April 5, 2004 Minutes Bailey clarified is statement in the last PRAB meeting to read: . Bailey stated this is a great way for the public to have better access to connect by a private property. MOTION : Hill moved to approve the Parks and Recreation Advisory Board May 5, 2004 meeting minutes as corrected . Mauritson seconded the motion. The motion was approved 7-0-0 with Colwell, Bailey, Eads, Hill, Marley, Pawlik Holmes, and Mauritson voting `yes' with Shoulders absent for the vote. 3. Park Land Dedication Development Name : Rupple Row Engineer: Chris Brackett, Jorgensen Owner: John Nock Location : West of the Boys and Girls Club along Rupple Road and South of the Meadowlands Subdivision , May 3, 2004 / 1