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HomeMy WebLinkAbout2004-08-17 - Agendas - Final Final Agenda City Council Meeting August 17, 2004 A meeting of the Fayetteville City Council will be held on August 17, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Regional/Community Park: Informational item to be presented at the City Council Meeting Nominating Committee Report: Appoint Betty Turner and Robin Ross to Public Housing Authority. APPROVED, A. CONSENT: 1 . Approval of the Minutes: Approval of the June 30, 2004, July 13 and July 29 Special City Council meetings minutes. APPROVED. 2. Asphalt Striping, LLC: A resolution awarding Bid #04-55 to Asphalt Striping, LLC in the amount of $27,860.00 for application of approximately 425,000 feet of yellow and white reflectorized paint pavement markings. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121 -04. 3. Lamar Anderson Parking Space Agreement: A resolution authorizing the Mayor and the City Clerk to execute a lease agreement with Mr. Lamar Anderson of 15 South Block Avenue, Suite 203 , for one ( 1 ) parking space in Fayetteville Municipal Parking Lot 1 , located at 160 West Mountain Street, and bounded by Church Avenue, Mountain Street, and Center Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 122-04, 4. Radisson Hotel Parking Lease: A resolution authorizing the Mayor and the City Clerk to execute a lease amendment with the Radisson Hotel to extend the existing parking lease for a period of one ( 1 ) year. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-04. 0 0 5. Meyer, Scherer & Rockcastle Contract: A resolution approving contract amendment 16 to the contract with Meyer, Scherer & Rockcastle LTD. In the amount of $9,515 .00 for items associated with off-site improvements at the intersection of Mountain Street and School Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 124-04, 6. Crossland Construction Library Change Order No. 19 & 19A: A resolution approving Change Order # 19 to the contract with Crossland Construction Company, Inc. in an amount not to exceed $ 180,000.00 for improvements to Rock Street and the intersection of School Avenue and Mountain Street; the installation of pavers in the crosswalk at Archibald Yell Boulevard; and approving a budget adjustment in the amount of $60,000. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-04. B. OLD BUSINESS: 1 , ANX 04-04.00 (Tipton/Sloan): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Robert and Minnie Beth Tipton located cast of Double Springs Road adjoining the southeast corner of the Legacy Pointe Subdivision containing approximately 29.31 acres. This Ordinance was left on the First Reading at the July 20, 1004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 1004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4602. 2. RZN 04-10.00 (Tipton/Sloan): An ordinance rezoning that property described in rezoning petition RZN 04- 10.00 as submitted by Raymond Smith for property located south of Wedington Drive and east of Double Springs Road abutting the Legacy Pointe Subdivision containing approximately 29.31 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4603, 3. ANX 04-6.00 (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 Highway 112 containing approximately 29. 86 acres. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4604. 0 0 4. RZN 04-12.00 (Leigh Taylor Properties): An ordinance rezoning that property described in rezoning petition RLN 04- 12.00 as submitted by Chad White on behalf of Leigh Taylor Properties LLC for property located north of Highway 112/Howard Nickell Road and east of Highway 112 containing approximately 39. 86 acres from R-A, Residential Agricultural to RSF4, Residential Single Family, four units per acre subject to a Bill of Assurance. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4605. 5. ANX 04- 1090 (Hays): An ordinance confirming the annexation to the City of Fayetteville, Arkansas of certain property owned by Hays Family Development, LLP for property located at west of 540s Avenue adjoining the extension of West Persimmon Street containing approximately 37.30 acres. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4606, 6. RZN 04-1091 (Hays): An ordinance rezoning that property described in rezoning petition RZN 04- 1091 as submitted by Jim McCord on behalf of I-lays Family Development, LLP for property located west of 54'h Avenue adjoining the extension of Persimmon Street containing approximately 49.40 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4607, 7. Highway 71 East Square Redevelopment District #1 : An ordinance forming the Highway 71 East Square Redevelopment District Number One pursuant to Amendment 78 of the Arkansas Constitution and authorizing the preparation of a project plan. This ordinance was tabled at the July 20, 1004 City Council meeting to the July 29, 1004 City Council meeting. This ordinance was left on the First Reading at the July 29, 2004 Special City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4608. 8. RZN 04- 1103 (Collins): An ordinance rezoning that property described in rezoning petition RZN 04- 1103 as submitted by Jeffery Collins for property located at the 1280 Hendrix Street containing approximately 0.51 acres from RSF-4, Residential Single Family, four units per acre to RT- 12, Residential two and three family. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4609. 0 9. ANX 04-1071 (Jones): An ordinance annexing that property described in annexation petition ANX 04- 1071 annexing to the City of Fayetteville, Arkansas certain property owned by Vera Jones located south of Huntsville Road east of the Stonebridge Addition, and west of Roberts Road containing approximately 5.66 acres. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4610, 10. RZN 04-1072 (Jones): An ordinance rezoning that property described in rezoning petition RZN 04- 1072 as submitted by Milholland Company on behalf of Vera Jones for property located south of I Iuntsville Road, east of the Stonebridge Addition and west of Roberts Road containing approximately 5.66 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4611 . 11 . ANX 04- 1073 (Ames): An ordinance annexing that property described in annexation petition ANX 04- 1073 annexing to the City of Fayetteville, Arkansas certain property owned by the Ames Family Trust located south of Huntsville Road west of Roberts Road containing approximately 1 .97 acres. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4612. 12. RZN 04- 1074 (Ames): An ordinance rezoning that property described in rezoning petition R7_N 04- 1074 as submitted by Milholland Company on behalf of the Ames Family 'frust for property located on the west side of Roberts Road south of Huntsville Road containing approximately 1 .97 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the August 3, 1004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4613. 13. VAC 04-1119 (Petrino): An ordinance approving VAC 04- 1119 to vacate and abandon 7' of the existing 15 ' utility easements on the west side of Lot 513 and the east side of I.ot 5A as depicted on the attached map and legal description. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4614, C. NEW BUSINESS: 1. Cost Recovery for Street Cleaning Activities: An ordinance amending Chapter 98 : Streets and Sidewalks, of the Code of Fayetteville, to provide for the recovery of the costs of removing dirt and debris or tracked upon the streets. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4615, 0 0 2. VAC 04-1134 (Sang/Hollywood Shakes Building, 520): An ordinance approving VAC 04- 1134 to vacate a portion of right of way on the north side of property located at 1050 West Sixth Street as depicted on the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4616. 3. VAC 04- 1136 (U of A Parking Garage, 483): An ordinance approving VAC 04- 1136 to vacate and abandon a portion of right of way for William Street, Buchanan Avenue and two fifteen foot alleys located between William Street and Dickson Street as described on the attached map and legal description. Also, accepting the dedication of easements for Southwestern Bell, the City of Fayetteville, and the public in general, described in the attached easement documents labeled as exhibits hereto. TABLED UNTIL NOVEMBER 16, 2004 CITY COUNCIL MEETING, 4. Shake's Building Sale Solicitation of Bids: A resolution to grant approval to solicit scaled bids from the public to purchase the portion of city property (formerly Shake 's Frozen Custard) not used for the intersection improvement on Sixth Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-04, 5. Arkansas Highway & Transportation Department Highway 265 Improvements: A resolution expressing the intent of the Fayetteville City Council to participate with the Arkansas Highway and Transportation Department on improvements to highway 265 from Highway 45 to the northern City limits. TABLED TO SEPTEMBER 7, 2004 CITY COUNCIL MEETING. 6. Executive Session to consider whether to seek the removal of Fayetteville Housing Authority Commissioner Nancy Bolin. VOTED TO REMOVE AS COMMISSIONER PENDING A NOTIFICATION TO MS. BOLIN AND A PUBLIC HEARING, D. INFORMATIONAL: Council Tour: August 16, 2004 MEETING ADJOURNED AT 10:55 P.M. Citv Council Meeting August 1404 �t` All (a4 . Subject: /re, VV� /1t Motion To: Motion By: Seconded: Reynolds v Thiel Cook ✓ Marr Rhoads i Odom Lucas ✓ Jordan ✓ Mayor Coody Subject: Motion To: Motion By: fi4 L?/1/� ) /— 1 Seconded: ' Reynolds Thiel ,/ Ta PA (.(' A",r , c Cook ✓ �0 " " Marr 4A Marr Rhoads Odom p Lucas Jordan ✓ Mayor Coody City Council Meeting August 17004 • Subject : Motion To: Motion By: Seconded: Reynolds t/ Thiel Cook Marr t/ Rhoads I y Odom �hj 1 Lucas Jordan Mayor Coody Subject: 3 IqN X — 0 - 0 . 0 S o Motion To: 3 ACI JUA / Motion By: AA CaW Seconded: 64daA Reynolds {� Thiel ,/ ✓ ^ n n Cook ✓ ti�iyR Marr Rhoads n (J Odom Lucas Jordan Mayor Coody City Council Meeting! August 1X104 • Subject: Oo i fi /rk / S/4a4V Motion To: d Ora n Rd� Motion By: Seconded: NO fite #O „ Reynolds Thiel N 0 Sloay.1 gd 6AA6cook 6�0 � to-a/" Marr Rhoads Uw Odom JL C(/ Lucas v.d Jordan no Mayor Coody � �� fd Subject: F o:y:d: Reynolds Thiel J &. Cook P lwMarr / A/ �a,644 Rhoads #1.0Cttol Odom /, t14 Lucas r/ ✓ ��(11�11C�4 .Jordan � Q � U Mayor Coody (� 6A , City Council Meeting August 17004 • Subject: 2 2 A/ /2 . Motion To: d Motion By: Seconded: /1/ONE II Reynolds JAZ `e C✓QO Oj Thiel N o Uri 11 ✓ p f� Cook s,C.e d Io Al Marr S"P" / aud 131XCAAR Rhoads e 6 C. at Odom /t2(td r U V Lucas ✓ -rb Po "" 410 Jordan v�16OV-0 4 D Mayor Coody Subject : a l � �la4o ll Motion To: lu Motion By: IRAN— Seconded : Q4� Reynolds ,/ ✓ n� Thiel t/ a Cook 1/ ✓ Vim' Marr f/ 644�? Rhoads t/ ✓ Odom i/ ✓ Lucas ✓ Jordan Mayor Coody City Council Meeting August 1114 • Subject : 'o� N ' Oct /0 9� Motion To: 3 /� ) Motion By: Seconded: Reynolds 1/ 4 t Thiel ✓ / d Cook d Marr �A.2A'Jl Rhoads ✓ ✓ Odom ✓ ,// LUCiIS ✓ �// �V ll Jordan Mayor Coody Subject : Motion To: i Motion By: RNV Seconded: Reynolds 'Thiel ✓ Cook � ) Marr Rhoads Odom Lucas Jordan Mayor Coody City Council Meeting August 1404 Subject : ��11 � / C/�lQi/tpti-GY Y � L Motion To: �loeE Motion By: Seconded: Reynolds Thiel Al Cook IN1arr ✓ Rhoads I / Odom (� l� Lucas Jordan Mayor Coody Mato (/P °C,lt,aS.v Subject : Motion To: Motion By: Seconded: Reynolds j � Thiel A � Cook Marr iwv Rhoads C Odom V Lucas Jordan t/ Mayor Coody Cihv Council Meeting August IA04 • Subject : /� 7i /V Motion To: Motion By: Seconded: FaVu Reynolds N Thiel t✓ Cook h j Marr ✓ Aoo Rhoads � (/ Odom Lucas f Jordan t✓ 4 V / Mayor Coody Subject : pYr C Motion To: Motion By: Seconded: nt � I Reynolds ✓ �/ i/ i Q Thiel ✓ ✓ ,/ g d Cook i✓ ✓ Marr + ' �+ Rhoads Odom ✓ �/ �/ Lucas lin lO Jordan `� (!< Mayor Coody City Council Meeting August 1 *04 • Subject : z Al to ZI _ O Motion To: 7 �` Motion By: Seconded : Reynolds / Thiel Cook i ✓ ✓ Marr i/ ✓ ✓ Iy Rhoads / ✓ Odom / ✓ /f Lucas ✓ ✓ W I I Jordan +� Mayor Coody Subject : de Motion To: C Motion By: Seconded: Reynolds ✓ Thiel ✓ ,/ i/ Cook ✓ ,� ✓ Marr �/ ✓ I/ 6AZ ka4� Rhoads /i Odom Jordan Mayor Coody City Council Meeting August 17,004 • Subject : R2� A/ _ u — p 7 MES Motion To: Motion By: Seconded: _ Reynolds ,i ✓ �/ y� "Thiel ;/ �/ / ✓ Cook ✓ ✓ AQ Marr t✓ ✓ ✓ Rhoads ✓ Odom ,i � ✓ Lucas ,� ✓ f�� 13 Jordan t/ ,✓ Mayor Coody Subject: C 7q Motion To: Motion By: BA� Seconded: v Reynolds ✓ ✓ c/ Thiel ✓ �/ �/ `7 Cook ✓ ,i Marr L/ ✓ �/ 6L 1p ;L � Rhoads q/ ✓ �✓ n Odom ,/ �✓ �/ Y Lucas 4& I / Jordan �I( Mayor Coody i City Council Meeting August 1404 • Subject: s ,., Motion To: �" ' AJ �l Motion : Seconded : Reynolds f ✓ / Thiel ✓ �/ Cook ✓ ,/ i � Marr ✓ ✓ ,Afithoads ✓ ✓ Odom ✓ ,/ Lucas / ✓ Jordan e� Mayor Coody Subject: Motion To: d �N Motion By: dam_ Seconded: Reynolds ✓ f �i Thiel f/ / OCook ✓ Marr ✓ ✓ Rhoads ✓ �/ Odom ✓ Lucas Jordan Mayor Coody City Council Meeting August 1 *04 • Subject: Motion To: Motion By: Seconded: Reynolds J `/ Thiel ✓ ✓ ,/ � Cook A Marr ✓ i/ ✓ (ro 1-hkw Rhoads v ✓ Odom / a/ Lucas ✓ J ? lV Jordan Mayor Coody Subject. IIA- C' . Motion To: 0 Motion By: Seconded: Reynolds 'Uhiel J , 1 Cook Marr Rhoads / �{ Odom � Lucas J/ ,V17 '�jll Jordan ✓ Mayor Coody 2-pbt_JII City Council Meeting August 1 *04 • Subject : Motion To: / � p� 0a v Motion By: A' Seconded: Reynolds Thiel � 1� Cook ✓ N WA) Marr t/ RhoadsKI ✓ Odom Lucas .Jordan ✓ )\1ayor Coody Subject : ll! 61C _^ IInn __ �� pp Motion To: t' l� V� c (�{,t±j S Motion By: �� 7 Zdef� Seconded : Reynolds Thiel ✓ 1 Cook ✓ Y, ' ✓ Marr ✓ Rhoads �f Odom Lucas ✓ Jordan Mayor Coody S� ' City Council Meeting August 17 004 Subject : V�e E4t, . ,,, Go c A 4 -o 7� Motion To: �C+ 0 nC�IC Q &Xt Q Motion By: tvi Seconded : f ReynoldsMau i Thiel ✓ Cook ✓ Marr ✓ Rhoads Odom Lucas Jordan Mayor Coody Subject: ESeconded : ... To: i IJ w 0104i /11, nR Reynolds Thiel ✓ Cook ✓ n�dQ� Marr Rhoads ✓ Odom Lucas ✓ Jordan Mayor Coody Final Agenda City Council Meeting August 17, 2004 A meeting of the Fayetteville City Council will be held on August 17, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Regional/Community Park: Informational item to be presented at the City Council Meeting A. CONSENT: 1 . Approval of the Minutes: Approval of the June 30, 2004, July 13 and July 29 Special City Council meetings minutes. 2. Asphalt Striping, LLC: A resolution awarding Bid #04-55 to Asphalt Striping, LLC in the amount of $27,860.00 for application of approximately 425,000 feet of yellow and white reflectorized paint pavement markings. 3. Lamar Anderson Parking Space Agreement: A resolution authorizing the Mayor and the City Clerk to execute a lease agreement with Mr. Lamar Anderson of 15 South Block Avenue, Suite 203, for one ( 1 ) parking space in Fayetteville Municipal Parking Lot 1 , located at 160 West Mountain Street, and bounded by Church Avenue, Mountain Street, and Center Street. 4. Radisson Hotel Parking Lease: A resolution authorizing the Mayor and the City Clerk to execute a lease amendment with the Radisson Ilotel to extend the existing parking lease for a period of one ( 1 ) year. 5. Meyer, Scherer & Rockcastle Contract: A resolution approving contract amendment 16 to the contract with Meyer, Scherer & Rockcastle LTD. In the amount of $9,515 .00 for items associated with off-site improvements at the intersection of Mountain Street and School Avenue. 6. Crossland Construction Library Change Order No. 19 & 19A: A resolution approving Change Order # 19 to the contract with Crossland Construction Company, Inc. in an amount not to exceed $ 180,000.00 for improvements to Rock Street and the intersection of School Avenue and Mountain Street; the installation of pavers in the crosswalk at Archibald Yell Boulevard; and approving a budget adjustment in the amount of $60,000. B. OLD BUSINESS: 1 . ANX 04-04.00 (Tipton/Sloan): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Robert and Minnie Beth Tipton located east of Double Springs Road adjoining the southeast comer of the Legacy Pointe Subdivision containing approximately 29.31 acres. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 2. RZN 04-10.00 (Tipton/Sloan): An ordinance rezoning that property described in rezoning petition RTN 04- 10.00 as submitted by Raymond Smith for property located south of Wedington Drive and cast of Double Springs Road abutting the Legacy Pointe Subdivision containing approximately 29.31 acres from R-A, Residential Agricultural to RSF4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the July 209 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 1004 City Council meeting. 3. ANX 04-6.00 (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 Highway 112 containing approximately 29.86 acres. This Ordinance was left on the First Reading at the July 10, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting 4. RZN 04- 12.00 (Leigh Taylor Properties): An ordinance rezoning that property described in rezoning petition RZN 04- 12.00 as submitted by Chad White on behalf of Leigh Taylor Properties LLC for property located north of Highway 112/Howard Nickell Road and east of Highway 112 containing approximately 39.86 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre subject to a Bill of Assurance. This Ordinance was left on the First Reading at the July 20, 1004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 5. ANX 04- 1090 (Hays): An ordinance confirming the annexation to the City of Fayetteville, Arkansas of certain property owned by Hays Family Development, LLP for property located at west of 54i° Avenue adjoining the extension of West Persimmon Street containing approximately 37.30 acres. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 6. RZN 04-1091 (Hays): An ordinance rezoning that property described in rezoning petition RZN 04- 1091 as submitted by Jim McCord on behalf of Hays Family Development, LLP for property located west of 54'h Avenue adjoining the extension of Persimmon Street containing approximately 49.40 acres from R-A, Residential Agricultural to RSF4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 0 7. Highway 71 Fast Square Redevelopment District #1 : An ordinance forming the Highway 71 East Square Redevelopment District Number One pursuant to Amendment 78 of the Arkansas Constitution and authorizing the preparation of a project plan. This ordinance was tabled at the July 20, 2004 City Council meeting to the July 29, 1004 City Council meeting. This ordinance was left on the First Reading at the July 29, 2004 Special City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 8. RZN 04-1103 (Collins): An ordinance rezoning that property described in rezoning petition RZN 04- 1103 as submitted by Jeffery Collins for property located at the 1280 Hendrix Street containing approximately 0.51 acres from RSF4, Residential Single Family, four units per acre to RT- 12, Residential two and three family. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 9. ANX 04-1071 (Jones): An ordinance annexing that property described in annexation petition ANX 04- 1071 annexing to the City of Fayetteville, Arkansas certain property owned by Vera Jones located south of Huntsville Road east of the Stonebridge Addition, and west of Roberts Road containing approximately 5 .66 acres. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. 10. RZN 04-1072 (Jones): An ordinance rezoning that property described in rezoning petition RZN 04- 1072 as submitted by Milholland Company on behalf of Vera Jones for property located south of Huntsville Road, east of the Stonebridge Addition and west of Roberts Road containing approximately 5 .66 acres from R-A, Residential Agricultural to RSF4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. 11 . ANX 041073 (Ames): An ordinance annexing that property described in annexation petition ANX 04- 1073 annexing to the City of Fayetteville, Arkansas certain property owned by the Ames Family Trust located south of Huntsville Road west of Roberts Road containing approximately 1 .97 acres. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. 12. RZN 041074 (Ames): An ordinance rezoning that property described in rezoning petition RZN 04- 1074 as submitted by Milholland Company on behalf of the Ames Family Trust for property located on the west side of Roberts Road south of Huntsville Road containing approximately 1 .97 acres from R-A, Residential Agricultural to RSI'4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. 13. VAC 04-1119 (Petrino): An ordinance approving VAC 04- 1119 to vacate and abandon 7' of the existing 15 ' utility casements on the west side of Lot 5B and the east side of Lot 5A as depicted on the attached map and legal description. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. C. NEW BUSINESS: 1 . Cost Recovery for Street Cleaning Activities: An ordinance amending Chapter 98 : Streets and Sidewalks, of the Code of Fayetteville, to provide for the recovery of the costs of removing dirt and debris or tracked upon the streets. 2. VAC 04-1134 (Sang/Hollywood Shakes Building, 520): An ordinance approving VAC 04- 1134 to vacate a portion of right of way on the north side of property located at 1050 West Sixth Street as depicted on the attached map and legal description. 3. VAC 04-1136 (U of A Parking Garage, 483): An ordinance approving VAC 04- 1136 to vacate and abandon a portion of right of way for William Street, Buchanan Avenue and two fifteen foot alleys located between William Street and Dickson Street as described on the attached map and legal description. Also, accepting the dedication of casements for Southwestern Bell, the City of Fayetteville, and the public in general, described in the attached easement documents labeled as exhibits hereto. 4. Shake's Building Sale Solicitation of Bids: A resolution to grant approval to solicit sealed bids from the public to purchase the portion of city property (formerly Shake's Frozen Custard) not used for the intersection improvement on Sixth Street. 5. Arkansas Highway & Transportation Department Highway 265 Improvements: A resolution expressing the intent of the Fayetteville City Council to participate with the Arkansas Highway and Transportation Department on improvements to Highway 265 from Highway 45 to the northern City limits. 6. Executive Session to consider whether to seek the removal of Fayetteville Housing Authority Commissioner Nancy Bolin. D. INFORMATIONAL: Council Tour: August 16, 2004 Final Agenda City Council Meeting August 17, 2004 A meeting of the Fayetteville City Council will be held on August 17, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Regional/Community Park: Informational item to be presented at the City Council Meeting A. CONSENT: 1 . Approval of the Minutes: Approval of the June 30, 2004, July 13 and July 29 Special City Council meetings minutes. 2. Asphalt Striping, LLC: A resolution awarding Bid #04-55 to Asphalt Striping, LLC in the amount of $27,860.00 for application of approximately 425,000 feet of yellow and white reflectorized paint pavement markings. 3. Lamar Anderson Parking Space Agreement: A resolution authorizing the Mayor and the City Clerk to execute a lease agreement with Mr. Lamar Anderson of 15 South Block Avenue, Suite 203, for one ( 1 ) parking space in Fayetteville Municipal Parking Lot 1 , located at 160 West Mountain Street, and bounded by Church Avenue, Mountain Street, and Center Street. 4. Radisson Hotel Parking Lease: A resolution authorizing the Mayor and the City Clerk to execute a lease amendment with the Radisson Hotel to extend the existing parking lease for a period of one ( 1 ) year. 5. Meyer, Scherer & Rockcastle Contract: A resolution approving contract amendment 16 to the contract with Meyer, Scherer & Rockcastle LTD. In the amount of $9,515.00 for items associated with off-site improvements at the intersection of Mountain Street and School Avenue. 6. Crossland Construction Library Change Order No. 19 & 19A: A resolution approving Change Order # 19 to the contract with Crossland Construction Company, Inc. in an amount not to exceed $ 180,000.00 for improvements to Rock Street and the intersection of School Avenue and Mountain Street; the installation of pavers in the crosswalk at Archibald Yell Boulevard; and approving a budget adjustment in the amount of $60,000. B. OLD BUSINESS: -� 1. ANX 04-04.00 (Tipton/Sloan): An ordinance confirming the annexation to the City of " Fayetteville, Arkansas, of certain property owned by Robert and Minnie Beth Tipton located east of Double Springs Road adjoining the southeast comer of the Legacy Pointe Subdivision containing approximately 29.31 acres. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 2. RZN 04-10.00 (Tipton/Sloan): An ordinance rezoning that property described in rezoning petition RZN 04-10.00 as submitted by Raymond Smith for property located south of Wedington Drive and east of Double Springs Road abutting the Legacy Pointe Subdivision containing approximately 29.31 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 3. ANX 04-6.00 (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 Highway 112 containing approximately 29.86 acres. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting 4. RZN 04-12.00 (Leigh Taylor Properties): An ordinance rezoning that property described in rezoning petition RZN 04-12.00 as submitted by Chad White on behalf of Leigh Taylor Properties LLC for property located north of Highway 112/Howard Nickell Road and cast of Highway 112 containing approximately 39.86 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre subject to a Bill of Assurance. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 5. ANX 04-1090 (Hays): An ordinance confirming the annexation to the City of Fayetteville, Arkansas of certain property owned by Hays Family Development, LLP for property located at west of 540' Avenue adjoining the extension of West Persimmon Street containing approximately 37.30 acres. This Ordinance was left on the First Reading at the July 20,, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 6. RZN 04-1091 (Hays): An ordinance rezoning that property described in rezoning petition RZN 04-1091 as submitted by Jim McCord on behalf of Hays Family Development, LLP for property located west of 54th Avenue adjoining the extension of Persimmon Street containing approximately 49.40 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the July 20, 2004 City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 7. Highway 71 East Square Redevelopment District # 1 : An ordinance forming the Highway 71 Fast Square Redevelopment District Number One pursuant to Amendment 78 of the Arkansas Constitution and authorizing the preparation of a project plan. This ordinance was tabled at the July 20, 2004 City Council meeting to the July 29, 2004 City Council meeting. This ordinance was left on the First Reading at the July 29, 2004 Special City Council meeting. This Ordinance was left on the Second Reading at the August 3, 2004 City Council meeting. 8. RZN 04-1103 (Collins): An ordinance rezoning that property described in rezoning petition RLN 04- 1103 as submitted by Jeffery Collins for property located at the 1280 Hendrix Street containing approximately 0.51 acres from RSFA, Residential Single Family, four units per acre to RT- 12, Residential two and three family. This Ordinance was left on the Second Reading a1 the August 3, 2004 City Council meeting. 9. ANX 041071 (Jones): An ordinance annexing that property described in annexation petition ANX 04- 1071 annexing to the City of Fayetteville, Arkansas certain property owned by Vera Jones located south of Huntsville Road east of the Stonebridge Addition, and west of Roberts Road containing approximately 5.66 acres. This Ordinance was left on the First Reading a1 the August 3, 1004 City Council meeting. 10. RZN 041072 (Jones): An ordinance rezoning that property described in rezoning petition RZN 04- 1072 as submitted by Milholland Company on behalf of Vera Jones for property located south of Huntsville Road, east of the Stonebridge Addition and west of Roberts Road containing approximately 5.66 acres from R-A, Residential Agricultural to RSF4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. 11 . ANX 04- 1073 (Ames): An ordinance annexing that property described in annexation petition ANX 04- 1073 annexing to the City of Fayetteville, Arkansas certain property owned by the Ames Family "Crust located south of Huntsville Road west of Roberts Road containing approximately 1 .97 acres. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. 12. RZN 04-1074 (Ames): - An ordinance rezoning that property described in rezoning petition RZN 04- 1074 as submitted by Milholland Company on behalf of the Ames Family Trust for property located on the west side of Roberts Road south of Huntsville Road containing approximately 1 .97 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. 13. VAC 041119 (Petrino): An ordinance approving VAC 04- 1119 to vacate and abandon 7' of the existing 15 ' utility casements on the west side of Lot 5B and the cast side of Lot 5A as depicted on the attached map and legal description. This Ordinance was left on the First Reading at the August 3, 2004 City Council meeting. C. NEW BUSINESS: 1. Cost Recovery for Street Cleaning Activities: An ordinance amending Chapter 98: Streets and Sidewalks, of the Code of Fayetteville, to provide for the recovery of the costs of removing dirt and debris or tracked upon the streets. 2. VAC 04-1134 (Sang(Hollywood Shakes Building, 520): An ordinance approving VAC 04- 1134 to vacate a portion of right of way on the north side of property located at 1050 West Sixth Street as depicted on the attached map and legal description. 3. VAC 04-1136 (U of A Parking Garage, 483): An ordinance approving VAC 04- 1136 to vacate and abandon a portion of right of way for William Street, Buchanan Avenue and two fifteen foot alleys located between William Street and Dickson Street as described on the attached map and legal description. Also, accepting the dedication of easements for Southwestern Bell, the City of Fayetteville, and the public in general, described in the attached easement documents labeled as exhibits hereto. 4. Shake's Building Sale Solicitation of Bids: A resolution to grant approval to solicit sealed bids from the public to purchase the portion of city property (formerly Shake's Frozen Custard) not used for the intersection improvement on Sixth Street. 5. Arkansas Highway & Transportation Department Highway 265 Improvements: A resolution expressing the intent of the Fayetteville City Council to participate with the Arkansas Highway and Transportation Department on improvements to Highway 265 J1 from Highway 45 to the northern City limits. 6. Executive Session to consider whether to seek the removal of Fayetteville Housing Authority Commissioner Nancy Bolin. D. INFORMATIONAL: Council Tour: August 16, 2004 • • Special Cily Council .Meeting June 30. 2061 Page I of g Special City Council Meeting Minutes June 30, 2004 A meeting of the Fayetteville City Council was held on lune 30, 2004 at 5 :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, .lordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Mayor Coody called the meeting to order. NEW BUSINESS: A discussion of the Fayetteville Housing Authority Board Mayor Coody: I have only done this once in the last four years. We wanted to call a Special City Council meeting so we could go into an Executive Session to discuss an issue that we have. Since we haven' t done this in three years now you are going to have to hold me by the hand and go through the process because it has been so long. Do we just adjourn to the next room to go into an Executive Session? City Attorney Kit Williams : Let me read you what the statues say Mr. Mayor. It says "Executive Sessions will be permitted only for the purpose of considering employment, appointment, promotion, demotion, discipline or resignation of any public officer or employee. The specific purpose of the Executive Session shall be announced in public before going into Executive Session. " As I stated in my memo to you of lune 14th I believe the Public Housing Commissioners are public officials covered by this particular act and therefore it would be appropriate if you so desire to go into Executive Session to discuss disciplining a public official . However I think to do that there would need to be a motion and a second and a vote to actually go into Executive Session with a clear purpose expressed in that motion. Then all of you would retire into Executive Session, 1 would not go there the City Clerk would not go there. No firm decision obviously would be made there, you can just discuss this and then you would need to reconvene back out here, any motions would be appropriate at that point in time. Mayor Coody: I would entertain a motion for someone to if so interested to move for an Executive Session and express the purpose thereof. Alderman Reynolds: So move. Mayor Coody: And the expressed purpose would be to discuss disciplinary actions of one of our public officers? • • special City Council Meeting June 30, 2004 Page 2 of 8 Kit Williams : You would probably want to say of the Fayetteville Housing Authority. Mayor Coody: Of the Fayetteville Housing Authority. Alderman Reynolds: The remaining members of the Housing Authority. Mayor Coody: We have a motion is there a second? Alderman Thiel: Second. Mayor Coody: We have a motion and a second to adjourn into Executive Session to discuss the Fayetteville Housing Authority situation. Alderman Rhoads : Is that discussable? Mayor Coody: Yes, that would be discussable wouldn't it? Alderman Marr: I just have a question, the public officials, I guess is what we call them that would be discussed, are they allowed to present their case in Executive Session to the Council? Kit Williams : They can when requested by the Council. They are one of the few people that can go back into Session with you. I cannot and other people cannot but the person that you are discussing can go as well. They talked about immediate supervisors and stuff which is not really the case in this circumstance, but they could go back there. I really think it is the right of the Council to determine if they wish them to be back there. Alderman Marr: Do we have anywhere or can we get a copy of, if we go into Session, the memo that you gave us a while back about what the criteria is for evaluating. Kit Williams: I have a copy of it, if you want me to make more copies I can or else I can just give you my original. Mayor Coody: We can just look at the original and take it back in there with us if that is alright. Any other questions? Alderman Davis : Do we allow for public comment before we go into Executive Session to discuss the Fayetteville Housing Authority or not? Mayor Coody: I guess that will be for us to determine if we want public comment on the item or not. Kit Williams: Normally I think most things that come before you before you vote you usually do. It is really pretty much up to you it's not required that any city allow public comment, we normally do. Alderman Rhoads: Swifty your motion was to do what now? Was to consider. . . . special City (council Heeling June 30. 2004 Page 3 of g Alderman Reynolds : The members on the Housing Authority. Alderman Rhoads: The three remaining and to consider their performance? Alderman Reynolds : Yes. Alderman Rhoads : 1 presume in considering their performance whether we believe that their performance merits them to be off' or continue performing the role of commissioners. Am capturing the essence of the motion? Alderman Reynolds: Yes Alderman Rhoads: The remaining members are not here and 1 am not sure if I am comfortable with even having a conversation without them being, 1 mean I guess you can have conversation in Executive Session without them and then you can ask them to come to your Executive Session, which if they are not here, I don't know how that ' s going to happen and then have another special meeting to do that. When I first heard of this desire to have an Executive Session and discuss this issue, one of the things that 1 mentioned was that I thought we should have them present, notified about this. Notified what we intended on doing so they could come in and chat with us and tell us why we' re right or why we' re wrong in whatever thinking and whatever thoughts that we have about the subject of their perfornancc. Without them here I am not in favor of even going into an Executive Session just to preliminarily discuss it. Alderman Marr: Where they notified, where the Housing Authority notified of this meeting? Sondra Smith : The Final Agenda for this meeting was published in the Northwest Arkansas Times. Kit Williams: 1 have spoken with the attorney for one of the commissioners and they' re will aware of this particular meeting. I should note that at the Executive Session and if' you come back into session later you will not be allowed of course at that point in time to remove anyone. If you look at the statue which 1 enclosed with my memo and which you will take out with you, removal can only occur after the commissioner has been given a copy of the charges at least tcn days prior to the hearing on the charges and the commissioner has had an opportunity to be heard in person. The only thing that this council could do at this point in time, the most extreme action you could take would be to basically instruct me to draw up certain charges that would then be presented to this commissioner; she would then have a right to a hearing before this City Council before any official action could be taken. You would have to be informed of the various facts publicly about why she might be removed for cause. Mayor Coody: Does that answer your question? Are there any other questions? Alderman Thiel : So basically we would have to have this meeting this discussion, either we could do it right publicly or we could go into the Executive Session which I think would be preferable since we are talking about a person, an individual, or individuals but we would have to • • special City Council Meeting June 30, 2004 Page 4 of 8 do this anyway right, is that what you are saying? We would have to have this discussion before we could . . . .. so we won't be making. . . . Kit Williams : The City Council needs to give me direction if the City Council desires that you present charges to the commissioner about why this commissioner should be removed from office. I won't do that on my own, I' ll do that only if the City Council instructs me to. You don't have to go into Executive Session for that, you could vote it right now if you wanted to without any further discussion. Alderman Thiel : What are we going to be voting on? Kit Williams : Your vote would be in relation to Arkansas Code annoted 14- 169-210 which is called removal of commissioners and you would say pursuant to that statue you wish that I present charges based upon one of the three criteria or two of the three criteria in order to remove this commissioner and then she would have to get formal notice of that. At a later date then there could be something kind of like a trail in front of the City Council where the evidence would be presented to substantiate the charges if there was sufficient evidence and then it would be up to you to decide by vote whether or not to remove this commissioner. Mayor Coody: Wow. Kit Williams: It's a somewhat painful process. Mayor Coody: So this is different than the memo that was, I mean more detail I guess than the memo that came out a little while back about meeting in Executive Session for the purpose of discussing employment. Kit Williams: The Executive Session I understand today is simply to discuss what you want to do. Do you want to go forward or not. Mayor Coody: Alright we have a motion and a second to meet, yes sir. Alderman Rhoads: I am trying to refresh my memory, I know when we talked about this in open council meeting before we discussed that, to some degree we had sort of the same range of things that we could do that the City Attorney described for us. I think were we finally ended up was to look at the Fayetteville Housing Board a little closer by us attending meetings. I have attended two meetings, I attended the one I think it was Monday, again with the idea of trying to determine whether it' s a functional or dysfunctional group. We also I think at least this was discussed when we voted on it to wait to see if the criminal charges panned out. Now we see that one person has plea and we have seen people resign form the board. We will see people I presume brought in to interview, because as a matter of fact I know of someone that is going to interview for a position on the board. I'm wondering if we are going about this in maybe somewhat the wrong order. Before I vote to do something that some folks are facing criminal charges for doing, I would really like to make sure it's absolutely necessary and I don't know if I think it is absolutely necessary at this point. I would love to hear my fellow aldermen tell me why I am wrong or right or what ever.