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HomeMy WebLinkAbout2004-06-15 - Agendas - Final Final Agenda City Council Meeting June 15, 2004 A meeting of the Fayetteville City Council will be held on June 15, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Nominating Committee Report: APPROVED A. CONSENT: 1 . Approval Of The Minutes: Approval of the May 18, 2004 meeting minutes and the June 1 , 2004 meeting minutes. APPROVED MAY 189 2004 AND JUNE 19 2004 MINUTES. 2. RJN Group Sewer Rehabilitation: A resolution to approve an engineering contract with RJN Group, Inc. in the amount of $226,978.00 for the design and bidding phase services for the sewer rehabilitation project. PASSED AND SHALL BE RECORDED AS RESOLUTION 91 -04. 3. Tomlinson Asphalt Shiloh Drive Widening: A resolution awarding a construction contract to Tomlinson Asphalt Company, Inc. in the amount of $ 186,218.75 for the widening of Shiloh Drive from Gregg Avenue to Steele Boulevard; and approving a project contingency in the amount of $58,622.00. PASSED AND SHALL BE RECORDED AS RESOLUTION 92-04. 4. OMI Rebate Transfer of Funds: A resolution approving as budget adjustment transferring $ 128,902.00 of Operations Management International (OMI) rebates from Water & Sewer Fund Balance to the Lift Station Improvements account. PASSED AND SHALL BE RECORDED AS RESOLUTION 93-04. B. OLD 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 0 0 approved by the Planning Commission. The ordinance was left on the second reading at the June 1, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE 4580. 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. The resolution was tabled at the June 1, 2004 City Council meeting until the June 15, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION 94-04. C. NEW BUSINESS: 1 . Washington County Inter-Local Agreement: An ordinance approving an inter-local agreement between Washington County, Arkansas, and the City of Fayetteville, Arkansas, concerning the expenditure of funds received from the Arkansas Department of Emergency Management and the disposition of various items of emergency equipment purchased with such funds. PASSED AND SHALL BE RECORDED AS ORDINANCE 4581 , 2. Shake's Building Sale: 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). PASSED AND SHALL BE RECORDED AS RESOLUTION 95-04. 3. VAC 04-1070 (Gerald Tomlinson): An ordinance approving VAC 04- 1070 to vacate and abandon a 45 ' existing right of way that extends north of the intersection of West Salem Road and Rupple Road through The Estates at Salem Hills property and a 50' right of way that extends west of the intersection of Howard Nickel Road and Salem Road through The Estates at Salem Hills as depicted on the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE 4582, 4. VAC 04-1105 (Thomas Lutz): An ordinance approving VAC 04- 1105 to vacate and abandon a portion of a 10' utility casement designated for gas and water located at 1645 W. Sunrise Mountain Road as depicted on the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE 4583. 5. VAC 04-11 .00 (Houses Development Company): An ordinance approving VAC 04- 11 .00 to vacate and abandon a 30' utility easement located on Lots 6, 7, 8, and 9 in block three and Lots 7, 8, and 9 of block four of Harrison's Addition as depicted on the attached map and legal description. 0 0 THIS ITEM WAS LEFT ON THE FIRST READING. D. INFORMATIONAL: No Council Tour 01 4Fayetteville Cit' Council Mectingmune 15, 2004 Subject : Motion To: Motion By: Seconded: Reynolds Thiel Cook Marr Rhoads Davis Lucas .lordan Mayor Coody Subject : 0n Motion To: Motion By: Seconded : Reynolds d✓ds� Thiel Cook ✓ Marr Rhoads Davis ✓ Lucas Jordan f' Mayor Coody +ayetteville City Council Meetingaune 15, 2004 • Subject : Motion To: �Gt►�. Motion By: cw*- Seconded: Reynolds Thiel Cook Marr ✓ Rhoads Q, Davis r/ qLucas Jordan " I - Uq Mayor Coody Subject : _en P Z Q ' � ///�►►� - bo , vd Motion To: Ad� all Motion By: Seconded: Reynolds ✓ �/ '1-hiel ✓ Cook � I Marr ✓ 'Rhoads ✓ ����✓✓✓"' Davis r✓ A Lucas f ✓ Jordan I ✓h Mayor Coody 'Fayetteville City Council Meetingmune 15, 2004 • Subject : apat kcw Motion To: Motion By: �l /y Seconded: PU,%,41 Revnolds ✓ �vu�n /� Thiel Cook Marr ✓ Rhoads f c /1� Davis � 11n pv Lucas f Jordan / Mayor Coody Subject: Motion To: IUAJu �Az4LW p� Motion By: M aAm^� m4c^' Seconded: Reynolds ✓ ,/ �/ Thicl ,/ ✓ ./ Cook �/ ✓ ✓ ' Marr ,/ ,/ ✓ PRhoads ✓ Davis ✓ ✓ ✓ Lucas ✓ / �/ # y58I ,Jordan Mayor Coody ,'Fayetteville City Council illeetingoune 15, 2004 • Subject: / � // {� JIE! E.� f S„ Motion To: CZI—1 " " '' 1pk c �- Motion By: QJp Seconded: Reynolds Thiel fr Cook Marr .� „D Rhoads Davis ✓ 12L460 tpr, tLucas YL' / r/ `�l 5 l oq Jordan Mayor Coody Subject: Motion To: Motion By: i�tv+w- Seconded : 10 &AI AO AAof I_ Reynolds t 3' Thiel Cook �/ ✓ ✓ Marr ✓ i/ �/ �s Q Rhoads ✓ ✓ ✓ Davis .� ✓ ✓ Lucas .� Wit y , L, Q Jordan f � "J o Mayor Coody I Fayetteville City Council Meetingfune 15, 2004 • Subject : U A- e od D Motion To: At r�-dam Motion By: V" %S Seconded: ��— AA-dfl,� 1U a Agri Reynolds `/ ✓ r/ Thiel �/ ✓ t/ Cook ✓ ✓ Marr ✓ ✓ �/ Rhoads ✓ ✓ ✓ Davis ✓ ✓ ,/ Lucas �/ ,/ ✓ Jordan Mayor Coody Subject: Motion To: Motion By: Seconded: Reynolds d �✓ Thiel Cook Q � � Marr Com ' hoads Davis r ••,►� Lucas ut Jordan n , e i layor Coody Final Agenda City Council Meeting .lune 15, 2004 A meeting of the Fayetteville City Council will be held on June 15, 2004 at 6 :00 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 : Approval of the May 18, 2004 meeting minutes and the June 1 , 2004 meeting minutes. 2. RJN Group Sewer Rehabilitation : A resolution to approve an engineering contract with RJN Group, Inc. in the amount of 5226,978 .00 for the design and bidding phase services for the sewer rehabilitation project. 3. Tomlinson Asphalt Shiloh Drive Widening: A resolution awarding a construction contract to Tomlinson Asphalt Company, Inc. in the amount of S186,218.75 for the widening of Shiloh Drive from Gregg Avenue to Steele Boulevard; and approving a project contingency in the amount of $58,622.00. 4. OMI Rebate Transfer of Funds : A resolution approving as budget adjustment transferring $ 128,902.00 of Operations Management International (OMI) rebates from Water & Sewer Fund Balance to the Lift Station Improvements account. R. OLD 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. The ordinance was left on the second reading at the June 1, 2004 City Council meeting. 2. Rupple Row Money in Lieu of Land: A resolution to accept the recommendation of the Parks and Recreation Advisory Board to accept S7,482.75 in lieu of a portion of the parkland dedication requirements of Rupple Row Subdivision. The resolution was tabled at the June 1, 2004 City Council meeting until the June 15, 2004 City Council meeting. • i C. NEW BUSINESS: 1 . Washington County Inter-Local Agreement : An ordinance approving an inter-local agreement between Washington County, Arkansas, and the City of Fayetteville, Arkansas, concerning the expenditure of funds received from the Arkansas Department of Emergency Management and the disposition of various items of emergency equipment purchased with such funds. 2. Shake's Building Sale: 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). 3. VAC 04- 1070 (Gerald Tomlinson): An ordinance approving VAC 04- 1070 to vacate and abandon a 45 ' existing right of way that extends north of the intersection of West Salem Road and Rupple Road through The Estates at Salem Hills property and a 50' right of way that extends west of the intersection of Howard Nickel Road and Salem Road through The Estates at Salem Hills as depicted on the attached map and legal description. 4. VAC 04-1105 (Thomas Lutz): An ordinance approving VAC 04- 1105 to vacate and abandon a portion of a 10' utility easement designated for gas and water located at 1645 W. Sunrise Mountain Road as depicted on the attached map and legal description. 5. VAC 04-11 .00 (Houses Development Company) : An ordinance approving VAC 04- 11 .00 to vacate and abandon a 30' utility easement located on Lots 6, 7, 8, and 9 in block three and Lots 7, 8, and 9 of block four of Harrison' s Addition as depicted on the attached map and legal description. D. INFORMATIONAL : No Council Tour Nominating Committee Report Meeting: Monday, June 7, 2004 Room 111 , City Hall 4:00 p.m. Members Present — Kyle Cook, Shirley Lucas, Don Marr, Robert Rhoads The Nominating Committee meeting was called to order at 4:00 p.m. CDT The following is being submitted to the entire City Council for consideration. Botanical Garden Society of the Ozarks, Inc. No applicants applied that met the qualification of being a registered voter and resident of the City of Fayetteville. The position that remains to be filled is as follows: • One Citizen-At-Large term ending 6/30/2007 Construction Board of Adjustments The Nominating Committee unanimously recommends the following candidate for appointment: • O.E. Luttrei, (previously served on the Construction Board of Adjustments) One Alternate term ending 3/31 /2005 Telecommunications Board The Nominating Committee unanimously recommends the following candidate for appointment: • Gregory Boyle One unexpired term ending TBD Tree & Landscape Advisory Board The Nominating Committee is not making any recommendations for appointment to this committee because the applicants that applied failed to show up for their committee interviews (without any notification to the City Clerk's office) and the committee felt it was important to evaluate further — based on the importance of attendance at the committee meetings. The positions that remain to be filled are as follows: • One unexpired Forestry term ending 12/31 /2004 • One unexpired Environmental term ending 12/31 /2004 • One University Representative term ending 12/31 /2005 Walton Arts Center Council, Inc The Nominating Committee had numerous applicants for this council, and reviewed the recommendations of the President/CEO of the Walton Arts Center, and recommends unanimously the following candidates for appointment: • Curt Rom Appointment, One term ending 06/30/2007 • Jeff Sehomburger — Appointment, One term ending 6/30/2007 Walton Arts Center Foundation The Nominating Committee had one applicant for the foundation position, and received a recommendation from President/CEO of the Walton Arts Center for this individual, so the nominating committee recommends unanimously the appointment of: • Jeff Dunn — Appointment, One term ending 6/30/2007 Youth Activities Committee The Nominating Committee did not have any applicants for the Committee. Positions that remain to be filled are as follows: • One Parent term ending 6/30/2006 • One Ramay Student term ending 6/30/2005 to MV, n SOS Aspv1G '�T RESOLUTION NO, A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO TOMLINSON ASPHALT COMPANY, INC. IN THE AMOUNT OF $186,218.75 FOR THE WIDENING OF SHILOH DRIVE FROM GREGG AVENUE TO STEELE BOULEVARD; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $18,622.00; APPROVING STREET LIGHT INSTALLATION BY AEP-SWEPCO IN THE AMOUNT OF $25,000.00, AND MATERIALS TESTING AND IN-HOUSE MANAGEMENT AND INSPECTION IN THE AMOUNT OF $15,000.00 FOR A TOTAL OF $244,840.75 FOR THIS PROJECT 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 awards a construction contract to Tomlinson Asphalt Company, Inc. in the amount of $186,218.75 for the widening of Shiloh Drive from Gregg Avenue to Steele Boulevard, plus a project contingency of $18,622.00; and Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves street light installation for this project by AEP-SWEPCO in the amount of $25,000.00 and Materials Testing and In-House Management and Inspection in the amount of $15,000.00 for a total project cost not to exceed $2441840.75. PASSED and APPROVED this 15th day of June, 2004 . APPROVED: 4� By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk e..a . • City Council Meering S�G� eS November 19, 2002 Page I of 19 kk \ a , �5 MINUTES OF A MEETING S0.\ OF THE CITY COUNCIL NOVEMBER 19, 2002 A meeting of the Fayetteville City Council will be held on November 19, 2002, at 6 :30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Coody, Alderman Reynolds, Thiel, Young, Marr, Davis, Santos, Jordan, City Attorney Kit Williams, City Clerk Heather Woodruff, Staff, Press and Audience. CONSENT APPROVAL OF THE MINUTES ELEVATOR: Resolution awarding Bid 02-66 in the amount of $26,246toThyssenKrupp Elevator for the repair of an elevator in the Fayetteville Police Building. RESOLUTION 175-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. OFFER AND ACCEPTANCE : A resolution approving the offer and acceptance contract for the acquisition of all property located at 2050 W. 6'h Street for the relocation of the Sang Avenue intersection with 6'h Street; and approval of a budget adjustment. RESOLUTION 176-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. CROSSLAND CONSTRUCTION : A resolution approving Change Order #5 to the contract with Crossland Construction Company, Inc . in the amount of S402,895 . 84 to purchase and install exterior cladding for the New Fayetteville Public Library. RESOLUTION 177-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Davis moved to approve the Consent agenda. Alderman Marr seconded. The motion carried unanimously. OLD BUSINESS MARTIN LUTHER KING, JR. STREET: A resolution to designate 6th Street as honorary Martin Luther King, Jr. Boulevard. The resolution was tabled at the November 5, 2002 meeting. • • La Sh�.Y,es Sake RESOLUTION NO. 176-02 MICROFILMED A RESOLUTION APPROVING AN OFFER AND ACCEP'T'ANCE CONTRACT BETWEEN THE CITY OF FAYETFEVILLE AND DONALD AND DEBRA OSBORNE FOR THE PURCHASE OF LAND LOCATED AT 2050 WEST SIXTH STREET IN THE AMOUNT OF TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000.00); AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF FIVE HUNDRED TWENTY-EIGHT rHOUSAND DOLLARS ($528,000.00) FOR THE HOLLYWOOD AVENUE AND SIXTH STREET INTERSECTION IMPROVEMENT PROJECT. 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 approves an Offer and Acceptance contract between the City of Fayetteville and Donald and Debra Osborne for the purchase of land located at 2050 West Sixth Street in the amount of Two Hundred Forty Thousand Dollars ($240,000.00). A copy of the contract is attached hereto marked Exhibit " A" and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of Five Hundred Twenty- Eight Thousand Dollars ($528,000.00) for the Hollywood Avenue and Sixth Street Intersection Improvement Project. PASSED AND APPROVED this 1911, day of November, 2002. APPROVED: ,ttda ':� . ; � ... .c�` It , By: y ''f! +► . ji DAN COODY, Nfayo 6 ,+ By: EATHER WOODRUFF, ty Clerk 1 ' , ' _ { r• ow fit •r . f "-,e IMP NOW I HWY ,\ HAPPY HOLLOW Mow ! ' _ P1 41 • ' vfw s f M Y n Pk v - --- / Env Ar - 14 ' ` '`� V61 ON ol 4 w Final Agenda City Council Meeting June 15, 2004 A meeting of the Fayetteville City Council will be held on June 15, 2004 at 6:00 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: Approval of the May 18, 2004 meeting minutes and the June 1 , 2004 meeting minutes. 2. RJN Group Sewer Rehabilitation : A resolution to approve an engineering contract with RJN Group, Inc. in the amount of $226,978.00 for the design and bidding phase services for the sewer rehabilitation project. 3. Tomlinson Asphalt Shiloh Drive Widening: A resolution awarding a construction contract to Tomlinson Asphalt Company, Inc. in the amount of $ 186,218.75 for the widening of Shiloh Drive from Gregg Avenue to Steele Boulevard; and approving a project contingency in the amount of $58,622.00. 4. OMI Rebate Transfer of Funds : A resolution approving as budget adjustment transferring $ 128,902.00 of Operations Management International (OMI) rebates from Water & Sewer Fund Balance to the Litt Station Improvements account. B. OLD BUSINESS: 1 . R-PZD 04-06.00 (John Nock): An ordinance establishing a Residential Planned Zoning District titled R-PZ.D 04-06.00 located on Rupplc 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. The ordinance was left on the second reading at the June 1, 2004 City Council meeting. 2. Rupple Row Money in Lieu of Land: A resolution to accept the recommendation of the Parks and Recreation Advisory Board to accept 57,482.75 in lieu of a portion of the parkland dedication requirements of Rupple Row Subdivision. The resolution was tabled at the June 1, 2004 City Council meeting until the June 15, 2004 City Council meeting. C. NEW BUSINESS: 1 . Washington County Inter-Local Agreement: An ordinance approving an inter-local agreement between Washington County, Arkansas, and the City of Fayetteville, Arkansas, concerning the expenditure of funds received from the Arkansas Department of Emergency Management and the disposition of various items of emergency equipment purchased with such funds. 2. Shake's Building Sale: A resolution of intent to sell municipally owned property at the corner of Sang Avenue and Sixth Street (a portion of the former Shake's Frozen Custard Lot and building). 3. VAC 04-1070 (Gerald Tomlinson): An ordinance approving VAC 04-1070 to vacate and abandon a 45 ' existing right of way that extends north of the intersection of West Salem Road and Rupple Road through The Estates at Salem Hills property and a 50' right of way that extends west of the intersection of Howard Nickel Road and Salem Road through The Estates at Salem Hills as depicted on the attached map and legal description. 4. VAC 04-1105 (Thomas Lutz): An ordinance approving VAC 04-1105 to vacate and abandon a portion of a 10' utility easement designated for gas and water located at 1645 W. Sunrise Mountain Road as depicted on the attached map and legal description. 5. VAC 04-11.00 (Houses Development Company): An ordinance approving VAC 04- 11 .00 to vacate and abandon a 30' utility easement located on Lots 6, 7, 8, and 9 in block three and Lots 7, 8, and 9 of block four of Harrison's Addition as depicted on the attached map and legal description. D. INFORMATIONAL: No Council Tour locn�' n San ASP1,a �� RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACI* TO TOMLINSON ASPHALT COMPANY, INC. IN TI EE AMOUNT OF $186,218.75 FOR THE WIDENING OF SHILOH DRIVE FROM GREGG AVENUE TO STEELE BOULEVARD; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT 01: $18,622.00; APPROVING STREET LIGHT INSTALLATION BY AEP-SWEPCO IN THE AMOUNT OF $25,000.00, AND MATERIALS TESTING AND IN-HOUSE MANAGEMENT AND INSPECTION IN THE AMOUNT OF $15,000.00 FOR A TOTAL OF $244,840.75 FOR THIS PROJF..CF BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to Tomlinson Asphalt Company, Inc. in the amount of $186,218.75 for the widening of Shiloh Drive from Gregg Avenue to Steele Boulevard, plus a project contingency of $18,622.00; and Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves street light installation for this project by AEP-SWEPCO in the amount of $25,000.00 and Materials "Testing and In-House Management and Inspection in the amount of $15,000.00 for a total project cost not to exceed $244,840.75. PASSED and APPROVED this 15th day of June, 2004. APPROVED. By: T ... DAN COODY, Mayor ATTEST: By: _ SONDRA SMITH, City Clerk , City CouncilMuting Shakes November 19, 2002 Page 1 of 18 MINUTES OF A MEETING �` J OF THE CITY COUNCIL NOVEMBER 19, 2002 A meeting of the Fayetteville City Council will be held on November 19, 2002, at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Coody, Alderman Reynolds, Thiel, Young, Marr, Davis, Santos, Jordan, City Attorney Kit Williams, City Clerk Heather WoodrufQ Staff, Press and Audience. CONSENT APPROVAL OF THE MINUTES ELEVATOR: Resolution awarding Bid 02-66 in the amount of $26,246toThyssenKrupp Elevator for the repair of an elevator in the Fayetteville Police Building. RESOLUTION 175-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK OFFER AND ACCEPTANCE: A resolution approving the offer and acceptance contract for the acquisition of all property located at 2050 W. 6`s Street for the relocation of the Sang Avenue intersection with 6`" Street; and approval of a budget adjustment. RESOL U77ON 176-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. CROSSLAND CONSTRUCTION: A resolution approving Change Order #5 to the contract with Crossland Construction Company, Inc. in the amount of $402,895.84 to purchase and install exterior cladding for the New Fayetteville Public Library. RESOL UTION 177-02 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Davis moved to approve the Consent agenda. Alderman Marr seconded. The motion carried unanimously. OLD BUSINESS MARTIN LUTHER KING, JR. STREET: A resolution to designate 6th Street as honorary Martin Luther King, Jr. Boulevard. The resolution was tabled at the November 5, 2002 meeting. t� Sa ; e RESOLUTION NO. 7� 6=0z MICR.OFILMED A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACI' BETWEEN THE CITY OF FAME rEVILL.E AND DONALD AND DEBRA OSBORNE FOR THE PURCHASE OF LAND LOCATED AT 2050 WEST SIXTH STREET IN THE AMOUNT OF TWO I IUNDRED FORTY THOUSAND DOLLARS ($240,000.00); AND APPROVING A BUDGET ADJUSTMENT IN TT iE AMOUNT OF FIVE HUNDRED TWENTY-EIGHT THOUSAND DOLLARS ($528,000.00) FOR THE HOLLYWOOD AVENUE AND SIXTH STREEI' INTERSECTION IMPROVEMENT PROJECT. 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 approves an Offer and Acceptance contract between the City of Fayetteville and Donald and Debra Osborne for the purchase of land located at 2050 West Sixth Street in the amount of Two Hundred Forty Thousand Dollars ($240,000.00). A copy of the contract is attached hereto marked Exhibit " A" and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of Five Hundred Twenty- Eight Thousand Dollars ($528,000.00) for the Hollywood Avenue and Sixth Street Intersection Improvement Project. PASSED AND APPROVED this 191h day of November, 2002. 4t �!( APPROVED: o I ' • Ito By: +' . Jf i `• DAN COODY, MaY2 �+f`r I'IsST: By FATHER WOODRUFF, ty Clerk City Council Meeting Slinutm June l . 2004 Page I of 16 Meeting Minutes City Council Meeting June 1 , 2004 A meeting of the Fayetteville City Council was held on lune I , 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT : Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Davis, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Mayor Coody called the meeting to order. Alderman Rhoads was absent during the roll call only. CONSENT : Approval Of The Minutes: Approval of the May 18, 2004 meeting minutes. The minutes were not complete and therefore they were pulled from consent by the City Clerk. 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 $46,25695 and to approve a budget adjustment of $35,000.00. Resolution 81-04 as Recorded in the Office of the City Clerk. 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. Resolution 82-04 as Recorded in the Office of the City Clerk. 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 . Resolution 83-04 as Recorded in the Office of the City Clerk. 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. Resolution 84-04 as Recorded in the Office of the City Clerk. • • City Council Meeting Minutes `+ June 1 , 2004 Page 2 or 16 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. Resolution 85-04 as Recorded in the Office of the City Clerk. The City Clerk asked that the minutes be pulled from the consent agenda. Alderman Jordan moved to approve the Consent Agenda as read with the minutes pulled. Alderman Davis seconded the motion. Upon roll call the motion passed unanimously. OLD BUSINESS : 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, 1004 City Council meeting until the June 1, 2004 City Council meeting. Alderman Cook moved to amend the resolution. Alderman Reynolds seconded the motion. Upon roll call the motion to amend the resolution passed unanimously. City Attorney Williams briefly explained that the amendment to the resolution stated that the resolution to approve this agreement was contingent upon Springdale's Water and Sewer Commission accepting the 180 acres in order for this development to go forward. Alderman Jordan moved to approve the amended resolution. Alderman Davis seconded the motion. Upon roll call the resolution passed unanimously. Resolution 86-04 as Recorded in the Office of the City Clerk. 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 die first reading at the May 18, 2004 City Council meeting. Dawn Warrick, Planning: The applicant has submitted a request that this item be withdrawn from consideration by the Council. Alderman Jordan moved to table the ordinance indefinitely. Alderman Davis seconded the motion. Upon roll call the motion to table passed unanimously. The ordinance was tabled indefinitely. 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 Ciryy Council Mcc ing Minulcs June I . 2004 Pagc 3 of 16 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. Alderman Davis moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Dawn Warrick: This is a portion of a platted right-of-way. It is cast of Vinson Ave., and part of Rebecca Street. The applicant proposes to vacate a 25 ' strip of this right-of-way adjacent to their single-family lot in order to provide additional lot width which is necessary fir the construction of a single family home. A portion of this connecting right of way would be very steep if the street were to be built . Alderman Thiel stated that she had wanted to leave this on the second reading until this meeting to make sure the public had an opportunity to respond . She had not heard from anyone at this time. Mayor Coody opened the floor for public discussion. There was no public comment. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4578 as Recorded in the Office of the City Clerk NEW BUSINESS: 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. Mr. Williams read the ordinance. Dawn Warrick: This request is for approval of a Residential Planned Zoning District, so we are looking at a development proposal which is combined with a land-use request. The current zoning on this property is split — RSF4 (Single Family, 4 units per acre) and RT 12 (2 and 3 family, 12 units per acre). The current density allowed on this property, with those two zoning districts, is 301 units. This proposal is for a mixture of single-family and duplex units consisting of a density of 6.24 dwelling units per acre. The actual yield on this project is 41 units fewer than what would be permitted on the current zoning of this existing tract of land . The property is located immediately west of the Boys & Girls Club and south of the new fire station site on Rupple Road . Alderman Reynolds asked if the planning division was satisfied with the street connectivity in this project. • • City Council Meeting Minutes June 11 2004 Page 4 of 16 Dawn Warrick: Ms. Warrick stated that there was very adequate connectivity being provided by this project. Staff is recommending in favor of this project with several conditions of approval . Alderman Davis expressed his concern with the width of the streets in this development. He wanted to make sure the streets are wide enough, with parking on both sides, for an emergency vehicle to pass. Dawn Warrick: I believe they would be able to pass. The width of a parking stall on either side of the street is somewhere around 8 ' . These streets are proposed to be approximately 26' feet in width, so there should be adequate width. It would be relatively tight but with two cars on either side, you would still have a ten-foot lane for passing. Alderman Davis said he thought he recalled that the Planning Commission added an additional foot onto the sidewalk for safety purposes, and he felt the residents would want to be sure that in the case of an emergency, an ambulance or fire truck would have clearance. Dawn Warrick stated that part of the nature of this type of development is that access to the homes is through alleyways. This is considered a neo-traditional development and there will be alley access to the garage units. Therefore, the residents are encouraged to park in back, off the alleys, allowing the street to serve for visitor parking. Even with the reduction in street width from 28 ' to 26' for increased sidewalk width, there should be adequate width for safety purposes. Alderman Davis questioned whether the fireplugs for the fire department to hook up would be in the alleyway instead of being on the main street. Dawn Warrick said she would have to look at the plans and she would have an answer by the time the applicants completed their presentation. Alderman Jordan requested the response time for the ambulance service to this area. Dawn Warrick: The Planning Division has not in the past requested a clocking of ambulance response time. Typically, the fire department is the first responder and many times will get to the site before the ambulance service. Chris Bosch, Fire Chief, stated that the ambulance service has committed to an average response time of 8 minutes in their contract. That is an overall average. At this time, he was unable to give an actual response time for this particular area. He stated that, once Fire Station 7 is open, the Fire Department response time will be less than one minute. He said the Fire Department is usually the first on site of an emergency and begins patient care when they arrive. He stated that he would get a ballpark estimate of ambulance response time for Alderman Jordan. In response to a question from Alderman Reynolds, Fire Engine # 1 is 9 1/2 to 10 feet wide. John Nock, Developer: All these streets are 28 ' . There was a discussion in planning that we would narrow them. They are a standard 28', no different from any other street out there. If that solves that question about parking on the street. Plus, we have all the parking in the back, so we actually have twice as much capacity for parking than normal development. So, that should City Council Mct ing Minulc5 June I . 2004 Page 5 of 16 resolve that question. We are not 261 , we are 28 ' feet streets, plus we have the greenspace and a wider sidewalk. So all those things didn't shrink the street, we kept the street at the normal width. Alderman Thiel wanted to confirm that the width has stayed at 28 ' . She stated that she understood Dawn to say 26' . John Nock said he understood the way the Planning Commission had left the discussion was that the developer would have the option of working with Planning and Engineering staff' to determine how street and sidewalk width could be best determined. It was determined that the 28 ' would be best, with regard to drainage and safety issues. In addition, alleyways are being used as a secondary access point for the fire department in some parts of the development. Those service areas have been designed not only for width, but also for strength. Mayor Coody asked Chief Bosch to check on the actual width of the Fire Engine # 1 , stating that he thought 10' was pretty wide. Alderman Cook expressed that he would rather have the Biot of sidewalk on either side of the street and ensure the safety of the pedestrian. He felt there is more than enough parking in this development. Alderman Thiel: According to the Planning Commission, there is not one full parking space per lot. Chris Brackett, Jorgenson & Associates (Representing the owners) stated that there is not one parking space for a lot along Rupple Road, but inside the development, there is adequate parking. He said they had agreed to widen the sidewalk and also do the wider road. The street will be 28 ' and the sidewalk will be 5 ' . They felt this was a safer design. He also stated that the fire hydrants will be located in the front of the homes where the water line is due to the fact that cars will be parked along the alley. That leaves the 28 ' road for the fire department to use. In response to a question from Alderman Jordan, Mr. Bracken said that in order to fit the sidewalks into the right-of-way, the greenspace will be narrowed. The sidewalks and road will not change. John Nock: Along Rupple, there are actually three visitor parking spaces for unit. There is rear parking, two cars in every garage, and enough space for two more cars to park, a full 20' width behind the unit, plus you have the secondary parking along Rupple. Mr. Nock explained that it is desirable to have parking along the streets to slow down traffic. Also, with the Boys and Girls Club and other public spaces, you want to see interaction between the public and private space if there is a big event going on. This creates more of a community feel. Alderman Cook stated he was curious about how the green space would be affected . Chris Brackett: There will be a 5 ' green space and a 5 ' sidewalk, instead of the 6' and 4' . The sidewalk is kept within the right-of-way due to liability concerns. • • City Council Meeting Minutes `Q June 1 , 2004 Page 6 of 16 Alderman Cook: This is a traditional neighborhood development and pedestrian circulation is as important as vehicular circulation in that design. We want to be sure we accommodate both. I am always in favor of providing more space for pedestrians. Mayor Coody expressed his appreciation that so much thought went into the design and execution of this development. The staff is looking forward to seeing this project go because it will set a new standard for developments. John Nock said they had a very good team and the staff had been very helpful . He wanted to make a brief presentation about the project. He stated that a neo-traditional development is basically smart planning for the human experience. It is the ability to not only allow cars to come to and leave a home, but also encourages human interaction. It promotes front porches, rear entry alleyways and access points for services. The front of the homes face the neighbors with walkways and tree-lined streets. Harbor Meadows in Springdale is a local example of this. The handout distributed to the Council includes about 150 different developments across the country that have received some recognition with this type of development. One of the vision statements of the City of Fayetteville is affordable home-ownership. In order to provide an affordable, good-quality living experience in an urban setting, you have to narrow the footprint of the buildable lot and then include community spaces around it. This development utilizes what is already there — the Boys and Girls Club, the new fire station, etc. It is much more expensive to build this way. Designing it can be a nightmare. But this will be a historic district someday and was designed with that in mind. Alderman Thiel asked if the petitioners would be doing the building as well as the developing of the project. John Nock stated that there are select builders that are approved to do this type of product. Those builders have all already been secured. In response to a question from Alderman Thiel, all the houses will have two car garages, by both design and covenant. Alderman Thiel: As far as the attainability, that' s not something you' re going to require; the affordability? John Nock said that affordability is determined by the market. In his dealings with realtors in the last year and in considering the median income in Fayetteville and the surrounding area, he believes this product will help fill in a gap that currently exists. Alderman Thiel: Noticed on the original plat that this property is affected by the hundred year flood plain. She asked the staff if the adjacent developments that have been approved are all in the flood plain. Dawn Warrick: There are several projects in that area that are affected to some extent by the flood plain and quite a bit of vacant property south of the Persimmon condor that is affected by the flood plain. That is basically the area where Owl Creek is located. Cry Council Mcning Minmes June I , 2" Page 7 ul Ifi Alderman Thiel: Is Engineering at all concerned about this much pavement'? Dawn Warrick : The Engineering Division reviewed this for compliance with the Citys design regulations for drainage, storm water and flood plain and they did find it in compliance. John Nock: Mr. Nock said that he understood that a very small sliver of the property (about 25 to 30 feet) in the southeast comer of the development was in the flood plain. Ile indicated on the plan distributed to the Council that that area of the development was identified as Lot 184. There will be no house built on that lot, it is greenspace and will be used for landscaping. Alderman Davis said that he felt John Nock had done a great job of putting this plan together. Ile liked the covenants requesting a minimum of 1400 sq. feet of heated and cooled living areas, enclosed garages, all driveways concrete and more. Fie felt everything would look great . Alderman Marr asked if the photos of the actual housing designs included in the presentation are indicative of what it is expected that builders will build in this area. John Nock: With some minor adjustments, these pictures will be very close to actual built homes. They will try to pick materials that would reflect Fayetteville. The lot size does require a certain type of traditional design and planning. Rick Alexander spoke in favor of the project. He said he is looking at doing similar projects in the area. He feels that both he and John Nock are trying to give a better product on a smaller lot size. They are attempting to incorporate all the items mentioned in the Dover Kohl Plan : higher density, traffic calming, smaller streets, and pedestrian-friendliness. He felt the Council should commend Mr. Nock for this plan. He spoke about annexation and urban sprawl. To avoid urban sprawl, you focus on developing those areas currently within your city limits. In order to do that, you encourage higher density and better product. Developing around the Boys and Girls Club will take advantage of that facility, as well as the new elementary and middle school already there. This is a higher density project meant to address the lack of housing in that price range and the issue of urban sprawl. Ile feels this project is what Fayetteville needs if it is going to be competitive. Alderman Thiel: How does the density of this project compare to adjacent developments, such as Cross Keys and Meadowlands? Dawn Warrick said she did not have a number with her on Meadowlands. There are several fourplexes and duplexes in that project, so the density there will be higher. It is zoned for 12 units per acre. Cross Keys, which was recently approved as a PZD, had around 3 .2 units per acre. Alderman Thiel indicated that she agreed with Mr. Alexander and Mr. Nock about the concept of this development. Her concern is with the location. She felt it would be ideal if it were a little closer in. She wanted to confirm whether the City would be responsible fbr maintaining not only the streets, but also the alleys atter this is built out. Dawn Warrick I believe the alleys would be set out for maintenance by the property owners association and set in as easements. • • City Council Meeting Minutes V June 1 , 2004 Page 8 of 16 Chris Brackett According to initial conversations with the Engineering Division, the alleys will be shown in right-of-ways, so that they will be maintained by the City. Dawn Warrick: Ms. Warrick said that the alleys would have to meet the design standards of the City transportation department in order to be maintained by the City. Chris Brackett: In response to a question from Alderman Thiel, the Solid Waste trucks will be using the alleys. The alleys will be designed to accommodate this traffic. John Nock: We had discussed whether the alleys would be private or public. Part of the discussion was the secondary access point to the fire station, to the north of the project. The petitioners have agreed with the City that those access points will probably not only get the wear and tear from the service trucks, which is the whole idea of having a service alley, but also will serve as a secondary point of entry in the case of an emergency for fire trucks. If the alleys were all maintained privately, the owners could potentially deny access to the fire trucks, which is not the intent of this development. Alderman Rhoads asked what the homes would price out, lot included, on average. John Nock: Lot included, anywhere between $ 115,000 and $ 149,000. The majority would be in the $ 135,000 category. It is his understanding that this price point is hardly available in this area. Alderman Lucas questioned where access to the fire station will be located. John Nock: Just to the south of Lot 165 in the northeast section, there is an alley that connects off the cul-de-sac that then would go around to the fire station. There is also a connection in the northwest corner, not shown on drawing that will be a direct drive-in to the rear part of the fire station. Alderman Jordan said he would like to hold this item on the second reading. Alderman Davis moved to suspend the rules and go to the second reading. Alderman Lucas seconded. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. The ordinance was left on the second reading. 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. Connie Edmonston, Parks & Recreation: In 2001 , in the Meadowlands Subdivision, the WHM investors gave about 8.5 acres as their requirement. In that, they were only required to give 3 .08 acres and they banked the remaining 5 .37 acres on future development. Nock Investments purchased lot number 7 and in that, they also purchased the bank of 5.37 acres. ` City Coned Slecung >lmutes June 1 . 2004 Page 9 of 16 Because this is over 40 acres and over a hundred units, it is required to come before the Council if we don't just take only land. Because we have the park adjacent to the Boys and Girls center, about 8. 5 acre park, we request that we accept their banked land of' 5.37 acres, in addition to $ 7,482 in money "in lieu of as their requirement. Mayor Coody: Since this item is tied to the previous item, which has not been approved, Mayor Coody stated that this would not be approved at this meeting but asked for any questions or comments from both the Council and the public. There was no comment . Alderman Marr moved to table the resolution until the June 15, 2004 City Council meeting. Alderman Jordan seconded the motion. Upon roll call the motion to table the resolution passed unanimously. The resolution was tabled until the June 15, 1004 City Council meeting. Annex Islands Containing 180.979 Acres : A resolution to propose an ordinance calling for the annexation of a large parcel of land completely surrounded by the incorporated limits of Fayetteville. Tim Conklin, Planning Division : On the agenda are resolutions for three groups of annexations. The resolution is a resolution of intent to annex what are called "islands" or areas that are completely surrounded by the corporate limits of the City of Fayetteville. Mr. Conklin explained that this was something identified in 2001 as part of the General Plan annexation policy. This is just the first step in this process. If the City Council does go forward with the annexation of these islands, there will be a public hearing with the property owners within the islands toward the end of June. The item will then be placed on the Council agenda for July 6th. Mr. Conklin explained that annexing these islands will allow us to have compatible land use and development standards within these area, the ability to plan future capital improvements within those areas, the ability to require the same level of' infrastructure improvements as new development occurs within these areas and will avoid confusion with emergency services since these areas are completely surrounded by the City. Residents within the areas will be able to obtain trash services, police protection, fire protection, sewer service if available (they would be responsible to extend any public or private lines) and also solid waste and recycling services. There are 13 islands that exist within the City of Fayetteville, the largest being the University of Arkansas farm, which is over half of the 1 ,335 acres at 700 acres. The smallest is a cemetery within an existing development. Along with the annexation, RSFI ( Residential Single Family) zoning is being proposed. An informational meeting was held on May 20. Letters were sent out to property owners. There were some concerns with regard to zoning with some of the non- residential land uses within the area. There were also some concerns expressed about being brought into the City. Alderman Jordan asked for clarification as to whether those residents who are currently using their property for farming or business would be allowed to continue to do that.