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HomeMy WebLinkAbout2004-09-21 - Agendas - Final Aldermen Ward I Position 1 - Robert Reynolds Mayor Dan Coody Ward I Position 2 - Brenda Thiel Ward 2 Position 1 - Kyle 13. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Man aTe eV Ward 3 Position I - Robert K Rhoads City Clerk Sondra Smith Ward 3 Position 2 - Conrad Odom ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting September 21 , 2004 A meeting of the Fayetteville City Council will be held on September 21 , 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Fayetteville Town Center Annual Report to the City of Fayetteville Nominating Committee Report A. CONSENT: 1 . Approval of the Minutes: Approval of the August 17, 2004 City Council meeting minutes. APPROVED. 2. Kimbel Plumbing, Inc. Contract Award: A resolution awarding a construction contract in the amount of $365,945 .00 to Kimbel plumbing, inc. for the Accelerated Water line Replacement Project Phase II; and approving a project contingency in the amount of $54,891 .00 for same. THIS ITEM WAS PULLED FROM THE CONSENT AGENDA AND TABLED TO THE OCTOBER 5 , 2004 MEETING. 3. Lake Fayetteville Boat Dock Contract with Jim Black: A resolution approving an amendment to the Lake Fayetteville Boat Dock contract with Jim Black to include operation of the lake Sequoyah Boat Dock for the month of October 2004 for the additional compensation of $2,728.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 141 -04. 113 West Mountain 72701 (479) 521 .7700 (479) 575-8257 (Fax) accessfayetteville.org 0 9 4. Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing the Fayetteville Solid Waste and Recycling Division to accept 2 grants in the amount of $48,000 from the Arkansas Department of Environmental Quality (ADEQ) through the Tri-County Solid Waste District for the purchase of a CompostfMulch Bagger and Storage Trailers for Plastic Commodity Bales; and approving a budget adjustment to recognize the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 142-04. S. Firewise Grant from the United States Forest Service: A resolution authorizing the Fayetteville Fire Department to apply for and accept a United States Forest Service Firewise Grant in the amount of $56,000.00 to conduct a Wild Land Interface Fire Safety Assessment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 143-04. 6. Braden Park Arkansas Parks & Tourism Grant: A resolution authorizing the Mayor to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in an amount up to $50,000.00 for the Braden Park Project. PASSED AND SHALL, BE RECORDED AS RESOLUTION NO. 144-04. B. OLD BUSINESS: 1 . Purchase 2.44 Acres from Fay Jones Trust: A resolution approving an offer and acceptance contract between the City of Fayetteville and the Fay Jones Trust for the purchase of approximately 2.44 acres of land located between West and Gregg Avenues for the amount of $ 100,000.00 plus associated closing costs an approving a budget adjustment in the amount of $50,000.00 for same. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-04. C. NEW BUSINESS: 1 . Constitutional Amendment 2 Support: A resolution to express the support of the City of Fayetteville for referred Constitutional Amendment 2 to allow the legislature to issue General Obligation Bonds for up to 5% of State General Revenues to fund a large development project. PASSED AND SMALL BE RECORDED AS RESOLUTION NO. 146-04. 2. James Mathias South Duncan Avenue Property Purchase: A resolution supporting the efforts of the neighboring property owners to purchase 2.46 acres located at 1121 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I le.org 0 South Duncan Avenue from James Mathias for a city park or green space by contributing $50, 123 . 10 from Tree and Trails Fund; and discharging the Tree and Trails Task Force. PASSED AND S14ALL BE RECORDED AS RESOLUTION NO. 147-04. 3. Planning Commission Appeal of Pipers Glen Subdivision : An appeal of the Planning Commission' s approval of the Pipers Glen Subdivision Preliminary Plat. THIS ITEM WAS TABLED TO T14E OCTOBER 5, 2004 MEETING. 4. Amend Ordinance 4482: An ordinance amending Ordinance Number 4482, annexing into the City of Fayetteville, Arkansas, an island located at the northwest comer of Mt. Comfort Road and Shiloh Drive, replacing the Exhibit "A" to reflect the exhibit used in the Order of Annexation signed by Judge Hunton, stating that the subject property consists of .61 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4617. 5. David Lyle Subdivision Bill of Assurance Amendments: A resolution approving amendments to the Bill of Assurance submitted for R95-05 submitted with Ordinance No. 3911 , and approved by the City council on May 2, 1995 . PASSED AND SHALL, BE RECORDED AS RESOLUTION NO. 148-04. 6. R-PZD 04-1159 Beacon Flats: An ordinance establishing a Residential Planned Zoning District titled R-PZ_D 04- 1159, Beacon Flats located at 867 N. College Avenue containing .69 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. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4618. 7. Beacon Flats Right of Way Dedication Reduction: A resolution reducing the right of way dedication required from College Avenue centerline from 55 ' to 45 ' accommodating the existing retaining wall and terrain for property located at 867 N. College Avenue associated with R-PZD 04- 1159. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-04. 8. Sloan Properties, Inc. Cost Share and Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving a cost share agreement with Sloan Properties, Inc. in the amount of $52,282.63 for upsizing approximately 2725 feet of 8 inch water main to 12 inch water main; and approving a budget adjustment in the amount of $60, 125.00 for same. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4619 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fav) accessfayetteville.org 9. Nock Investments, LLC Cost Share and Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving a cost share agreement with Nock investments, LLC in the amount of $45,594.00 for upsizing approximately 1 ,920 feet of 8 inch water main to 12 inch water main; approving a project contingency of 6,840.00; and approving a budget adjustment in the amount of $52,434.00 for same. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4620. 10. Terminella, Inc. Cost Share and Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving a cost share agreement with Terminella, Inc. in the amount of $89, 120.00 for upsizing approximately 5,200 feet of 8 inch water main to 12 inch water main; approving a project contingency of $ 13,368 .00; and approving a budget adjustment in the amount of $ 102,488 .00 for same. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4621 . 11 . Amend § 174.07 Placing Signs on Public and Private Property: An ordinance to amend § 174.07 Placing Signs on Public and private Property of the Unified Development Code by adding a provision authorizing the use of small banners on city light poles specifically designed for such banners. PASSED AND SMALL BE RECORDED AS ORDINANCE NO. 4622. 12. Amend Title XI : Chapter 117, Article IV: Taxicabs & Article V: Limousines: An ordinance amending Title XI : Chapter 117, Article IV : Taxicabs and Article V: Limousines of the Code of Fayetteville. THIS ITEM WAS TABLED TO THE OCTOBER 5, 2004 MEETING. D. INFORMATIONAL: No Council Tour is Scheduled Meeting adjourned at 8:55 p.m. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) access faycttevi I Ic.org City Council Meeting September* 2004 Q + �5 J Subject : K Motion To: Motion By: Seconded: Cook Marr Rhoads Odom Lucas Jordan Reynolds Thiel Mayor Coody Subject: n �� 1 �M / I MMotion To: CI c / f) I Motion By: Seconded: Cook 0 Marr l/ y e )kW Rhoads Odom Lucas Jordan Reynolds Thiel LZ Mayor Coody City Council Meeting September, 2004 Subject: CUA C Motion To: oLG� Motion By: A/C d/y , Seconded: ki Cook J Marr ' n n Rhoads — _ Odom C " (I _ � Lucas ✓ YbM ' Jordan Reynolds J � 11 , I Thiel r/ Mayor Coody Subject : 61 Motion To: Motion By: Seconded: Cook n Marr Rhoads QHS ect� l r ' Odom � Lucas I Jordan Reynolds Thiel 40/ Mayor Coody City Council Meeting September, 2004 • Subject: P 044A I - Motion To: I+ 61M2i.-�Q Motion By: �Q y Seconded: Q � Cook ✓ IMarr ✓ t/ �Q Rhoads QB Odom ✓ ✓ Lucas Jordan � ✓ J;►�A�"'/ Reynolds J ,/ lY v 'Thiel Mayor Coody Subject: n 61 ,4uI _ GAJ 01 Motion To: Motion By: Seconded : Cook I Marr r . l Rhoads Q n�J 1�1�1 Odom Lucas Jordan Reynolds Thiel Mayor Coody City Council Meeting September, 2004 • Subject : MQ4� •1-! CL Motion To: � ' l � /l� ll�-d( 0 S7A4! /LQ Motion By: Seconded: _ Cook AMarr Rhoads N Odom Lucas Jordan Reynolds Thiel Mayor Coody Subject: yQ1 �, t/� MR4 ; cis � Cx �, ttw e o, Q/ Quo Motion To: S Q Motion By: Seconded : v 61 Cook /1 Marr f Rhoads Tri/V'2( Odom ,/ �✓ Lucas ✓ ,/ Jordan ✓ ✓ Reynolds Thiel Mayor Coody City Council Meeting September, 2004 • Subject: P l a n j �0 �;Avw /6 V- Motionn To: o- C+ L v c.j ;ALJ M Motion By: 1 U Seconded: Cook ✓ Marr N Rhoads A) Q� Odom Lucas A) �, �✓ Jordan N (J ' Reynolds _1 5 gwq Thiel Gu, QA , Mayor Coody FMotion — � �� � � � J� �1 � ��� Al Y f lok ARPAA 04 � � 'SaAff t/;S;6l Motion By: Seconded: Ma" 6-4- L1 &, � 2 Cook Marr Al Rhoads Odom % Lucas _ ✓ Jordan Reynolds Thiel ��� Mayor Coody City Council Meeting September, 2004 • Subject: Gbt�tn . Wl1d n 2 � Motion To: n 2 n n ILf.G&-U' ,Y 'C div Motion By: i Seconded :, I Cook ✓ �/ ( Marr ^ II Rhoads ✓ Imo' ) Odom Lucas ,/ ✓ Q Jordan ✓ ✓ � Reynolds I Thiel Mayor Coody (]�� v� Subject: lM� i d �Cc y QI v � iGt Motion To: J •CJJ •w' Motion By: Seconded: / Cook ✓ 15 Marr f► I Rhoads fff / Odom f Lucas / Jordan � Reynolds Thiel Mayor Coody City Council Meeting Septembele, 2004 • Subject E400 — •D. 0 q Motion To: Motion By: Seconded : �d Cook t/ Marr ✓ ,/ Rhoads Odom �WV41 Lucas / Jordan �/ ✓ / Reynolds J Thiel Mayor Coody Subject: 4 p I� 6V tU0,, Motion To: Motion By: Seconded: Cook ,17 Marr Rhoads I Odom 'U Lucas Jordan y/ Reynolds �� Thiel � Mayor Coody City Council Meeting September, 2004 • Subject: Motion To: Motion By: Seconded: Cook Marr ✓ r/ Rhoads Odom ✓ �/ t/ 1 � Lucas �/ ✓ n ,Jordan Reynolds ✓ ✓ ✓/ I / 'Thiel Mayor Coody Subject: Al LC f Motion To: � f� � , �q ✓L LY 3 a4e. Motion By: Seconded: Cook Marr Rhoads ✓ i/ � ,i/ Odom ✓ ✓ �✓ � n Lucas X11' ordan Reynolds ✓ ,/ / I ' f Thiel VZ {�( Mayor Coody City Council Meeting Septembere, 2004 • Subject: c/a4i. A h Motion To: Motion By: � 7/ Seconded: Cook ✓ ✓ Marr ✓ �/ Rhoads ✓ ✓ ,/ Odom ,/ ✓ f�J� Lucas J/ Jordan Reynolds � ✓ � 1 Thiel Mayor Coody Subject: Q / aCl I 610 Motion To: Motion By: Seconded: Cook I ' Marr c/ ✓ ✓ \ Rhoads 1 ' -J Odom L� i t� " Lucas ✓ ✓ �/ /� Jordan ✓ ✓ Reynolds r/ ,/ ✓ ai Thiel Mayor Coody City Council Meeting Septembele, 2004 • Subject: (V Q I l Motion To: r V�Ad gr spA du &A ada-4c Motion By: ` Seconded: Cook / n Marr I Rhoads Odom Lucas ✓ Jordan ✓ (i �w Reynolds � "Thiel / Mayor Coody Subject: Motion To: Motion By: Seconded: Cook Marr Rhoads Odom Lucas Jordan Revnolds "Thiel A1ayor Coody Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Cordy ® Ward 1 Position 2 - Brenda Thiel Ci Atttttne Kit Williams Ward 2 Position I - Kyle B. Cook ry Y Ward 2 Position 2 - Don Marr Cit Clerk Sondra Smithe [eville Ward 3 Position 1 - Roben K. Rhoads Y Ward 3 Position 2 - Conrad Odom ARKANSAS Ward 4 Position I - Shirley Lucas ITY Ward 4 Position 2 - Lioncld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting September 21 , 2004 A meeting of the Fayetteville City Council will be held on September 21 , 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Fayetteville Town Center Annual Report to the City of Fayetteville A. CONSENT: 1 . Approval of the Minutes: Approval of the August 17, 2004 City Council meeting minutes. 2. Kimbel Plumbing, Inc. Contract Award: A resolution awarding a construction contract in the amount of $365,945.00 to Kimbel plumbing, me. for the Accelerated Water line Replacement Project Phase II; and approving a project contingency in the amount of $54,891 .00 for same. 3. Lake Fayetteville Boat Dock Contract with Jim Black: A resolution approving an amendment to the Lake Fayetteville Boat Dock contract with Jim Black to include operation of the lake Sequoyah Boat Dock for the month of October 2004 for the additional compensation of $2,728.00. 4. Arkansas Department of Environmental Quality Recycling Grant: A resolution authorizing the Fayetteville Solid Waste and Recycling Division to accept 2 grants in the amount of $48,000 from the Arkansas Department of Environmental Quality (ADF.Q) through the Tri-County Solid Waste District for the purchase of a Compost/Mulch Bagger and Storage Trailers for Plastic Commodity Bales; and approving a budget adjustment to recognize the grant revenue. 113 West Mountain 72'/01 (479) 521 -7700 (479) 575-8257 (Fax) aaassrayeu evi l l e.org 5. Firewise Grant from the United States Forest Service: A resolution authorizing the Fayetteville Fire Department to apply for and accept a United States Forest Service Firewise Grant in the amount of $56,000.00 to conduct a Wild Land Interface Fire Safety Assessment. 6. Braden Park Arkansas Parks & Tourism Grant : A resolution authorizing the Mayor to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in an amount up to $50,000.00 for the Braden Park Project . B. OLD BUSINESS : 1 . Purchase 2.44 Acres from Fay .tones Trust: A resolution approving an offer and acceptance contract between the City of Fayetteville and the Fay Jones Trust for the purchase of approximately 2.44 acres of land located between West and Gregg Avenues for the amount of $ 100,000.00 plus associated closing costs an approving a budget adjustment in the amount of $50,000.00 for same. C. NEW BUSINESS: 1 . Constitutional Amendment 2 Support: A resolution to express the support of the City of Fayetteville for referred Constitutional Amendment 2 to allow the legislature to issue General Obligation Bonds for up to 5% of State General Revenues to fund a large development project. 2. ,lames Mathias South Duncan Avenue Property Purchase: A resolution supporting the efforts of the neighboring property owners to purchase 2.46 acres located at 1121 South Duncan Avenue from James Mathias for a city park or green space by contributing $50, 123. 10 from Tree and Trails Fund; and discharging the Tree and Trails Task Force. 3. Planning Commission Appeal of Pipers Glen Subdivision: An appeal of the Planning Commission's approval of the Pipers Glen Subdivision Preliminary Plat. 4. Amend Ordinance 4482: An ordinance amending Ordinance Number 4482, annexing into the City of Fayetteville, Arkansas, an island located at the northwest comer of Mt. comfort Road and Shiloh Drive, replacing the Exhibit "A" to reflect the exhibit used in the Order of Annexation signed by Judge Hunton, stating that the subject property consists of .61 acres. 5. David Lyle Subdivision Bill of Assurance Amendments: A resolution approving amendments to the Bill of Assurance submitted for R95-05 submitted with Ordinance No. 3911 , and approved by the City council on May 2, 1995. 6. R-PLD 04- 1159 Beacon Flats : An ordinance establishing a Residential Planned Zoning District titled R-PZD 04- 1159, Beacon Flats located at 867 N. College Avenue containing .69 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. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) access fa ycc tcvi I la otg 7. Beacon Flats Right of Way Dedication Reduction: A resolution reducing the right of way dedication required from College Avenue centerline from 55' to 45 ' accommodating the existing retaining wall and terrain for property located at 867 N. College Avenue associated with R-PZD 04- 1159. 8. Sloan Properties, Inc. Cost Share and Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving a cost share agreement with Sloan Properties, Inc. in the amount of $52,282.63 for upsizing approximately 2725 feet of 8 inch water main to 12 inch water main; and approving a budget adjustment in the amount of $60, 125.00 for same. 9. Nock Investments, LLC Cost Share and Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving a cost share agreement with Nock Investments, LLC in the amount of $45,594.00 for upsizing approximately 1 ,920 feet of 8 inch water main to 12 inch water main; approving a project contingency of 6,840.00; and approving a budget adjustment in the amount of $52,434.00 for same. 10. Terminella, Inc. Cost Share and Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving a cost share agreement with Terminella, Inc. in the amount of $89, 120.00 for upsizing approximately 5,200 feet of 8 inch water main to 12 inch water main; approving a project contingency of $ 13,368.00; and approving a budget adjustment in the amount of $ 102,488.00 for same. 11. Amend §174.07 Placing Signs on Public and Private Property: An ordinance to amend § 174.07 Placing Signs on Public and private Property of the Unified Development Code by adding a provision authorizing the use of small banners on city light poles specifically designed for such banners. 12. Amend Title XI : Chapter 117, Article IV: Taxicabs & Article V: Limousines: An ordinance amending Title XI: Chapter 117, Article IV: Taxicabs and Article V: Limousines of the Code of Fayetteville. D. INFORMATIONAL: No Council Tour is Scheduled 113 West Mountain 72701 (479) 521 -T700 (479) 575-8257 (rax) access faycitevil le.org � . r . A) RESOLUTION NO. A RESOLUTION TO EXPRESS THE SUPPORT OF THE CITY OF FAYETTEVILLE FOR REFERRED CONSTITUTIONAL AMENDMENT 2 TO ALLOW THE LEGISLATURE TO ISSUE GENERAL OBLIGATION BONDS FOR UP TO 5% OF STATE GENERAL REVENUES TO FUND A LARGE DEVELOPMENT PROJECT WHEREAS, the public policy decisions of the Arkansas Legislature impact every citizen of the state, both private and corporate, and ultimately determine to a great extent the level of prosperity and achievement enjoyed by Arkansas citizens; and WHEREAS, the State of Arkansas lacks the necessary economic incentive component to successfully locate an economic development super project in the state; and WHEREAS, the inability to adequately fund the infrastructure related costs associated with a super project in Arkansas creates a competitive disadvantage in economic expansion, and other southern states have enjoyed the economic benefits of locating a super project resulting in the loss of opportunity for economic development and expansion in Arkansas; and WHEREAS, the location of a super project creating a minimum of 500 jobs with a capital investment of $500,000,000.00 will increase the quality of life for the citizens of Arkansas; and WHEREAS, super projects require large up-front commitment of funds for infrastructure such as waterlwastewater capacity, rail access, and connection of roads to interstate highways and utilities; and WHEREAS, the Arkansas Legislature has wisely offered the Arkansas electorate the opportunity at the November 2004 general election to amend the Arkansas Constitution to allow the Arkansas General Assembly, meeting in regular or special session, the authority to approve general obligation bonds, not to exceed five percent (5%) of state general revenues, to fimd an economic development project investing a minimum of five hundred million dollars ($500,000,000.00) and creating a minimum of five hundred (500) jobs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby endorses and supports the proposed Amendment 2 to the Arkansas Constitution. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby resolves to educate its citizens about the necessity of Amendment 2 to the economic development benefits of a super project locating in Arkansas and supporting the cause Amendment whenever and however possible in the coming year, including through educations seminars, communication through newsletters and other means, providing information on its wcbsite, encouraging members to financially support the Amendment 2 campaign, and encouraging members to vote. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Arkansas Economic Developers to use our name while supporting the cause of Amendment 2 during the campaign. PASSED and APPROVED this 21 " day of September, 2004. APPROVED: By: O DAN COODY, Mayor ATTEST: By. SONDRA SMITH, City Clerk ' • q13 � �4,e�x-o Pian app � FAYETTEVI LLET' I � TH[ CITY Of TAY[TTIVLLIF, ARKANSAS G IQ.� KrrWILUAMS, CITY ATroRNEY ��\) DAVID MUTAKER, ASST. a7Y ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM : Kit Williams, City Attorney DATE: September 15, 2004 RE: Appeal of Preliminary Plat 04-1148 (Pipers Glen) Attached is a two year old memo concerning what the City Council may consider during an appeal of a Large Scale Development or Preliminary Plat. In most cases, the only issue that could be argued is whether the "proposed development would create or compound a dangerous traffic condition." U. D.C. § 166.05 (C) (7) (d) (iv) However, in this appeal, the Planning Commission had to grant a large variance or else one lot of the subdivision could not be developed as it lacked the required 75 feet of frontage on Fox Hunter Road. The lot had only 27.3 feet of frontage or about 36% of the frontage required by ordinance. The Planning Commission may grant a variance of the development regulations if the regulations: ( 1 ) "cause undue hardship as they apply to this proposed development' (2) "so that substantial justice may be done" (3) 66and the public interest secured." U.D.C. § 156.03 (A) ( 1 ) There is a further caveat in the variance section to require "that the variance will not have the effect of nullifying the intent and purpose of the development regulations." Id. The Code also states "No variance shall be granted for any property which does not have access to an improved street." Id. The lot that was granted the variance does have access (frontage) to an improved street. It simply has only 36% of what is normally required. The Planning Department recommended approval of this variance request which was granted by the Planning Commission. Because this variance is required or else the preliminary plat would violate a city ordinance, I believe the propriety of the Planning Commission's granting of the variance is a possible issue during this appeal pursuant to subsection (2). ""rhe proposed development would violate a City ordinance . . . ." Id. In order to grant the appeal and reject or return the preliminary plat to the Planning Commission, the City Council must determine from reasonable evidence that the development "would create or compound a dangerous traffic condition," or the variance allowing less than the normally required frontage on an improved street should not have been granted. Denying the variance request would only affect the single lot which lacks sufficient frontage. The remaining lots to be served off an extension of Caston Drive will have sufficient frontage on a public, improved street. FAYETTEVI LLE TNI CITY Of FAYMIME ARKANSAS zti L� KIT WIu.IAMs, CIN ATTORNEY DAVID svHrTAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT' DEPARTMENTAL CORRESPONDENCE TO: City Council FROM: Kit Williams, City Attorney DATE: June 11, 2002 RE: Appeal of Large Scale Development (What may be considered by City Council) Upon the appeal of any Large Scale Development, the City Council must follow the Unified Development Ordinance (specifically §166.05 C. 7. d.) : " d. The Subdivision Committee or Planning Commission may refuse to approve a large scale development for any of the following reasons: (1). The development plan is not submitted in accordance with the requirements of this section. (2). The proposed development would violate a City ordinance, a State statute, or a Federal statute. (3). The developer refuses to dedicate the street right-of- way, utility easements or drainage easements required by this chapter. (4). The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a " dangerous' traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (5). City water and sewer is not readily available to the Property within the large scale development and the developer has made no provision for extending such service to the development. (6). The developer refuses to comply with subsection 7.b. and c. pertaining to required on-site and off-site improvements." Any objection or reason to deny a Large Scale Development must be included within those six stated reasons to be valid. if a proposed Large Scale Development meets the minimum standards of the Unified Development Ordinance, it must be approved even if every Alderman believes it is a terrible development unanimously opposed by the neighbors. " When a subdivision ordinance specificies minimum standards to which a preliminary plat must conform, it is arbitrary as a matter of law to deny approval of a plat that meets those standards. Richardson v. City of Little Rock Planning Commission, 295 Ark. 189, 747 S.W. 2d 116, 117 (1988). If a denial is " arbitrary as a matter of law", the City would be overturned in Court and probably ordered to pay costs and attorney's fees plus other possible damages. The Richardson case is not the only Arkansas Supreme Court case holding that Aldermen and cities must follow the established ordinances. In Potocki v. City of Fort Smith, The Fort Smith Board of Directors rezoned land that had been part of a larger parcel in which the rezoning had been denied two months earlier. Their procedural ordinance required a one year wait from the earlier denial, but the Board decided to allow the rezoning anyway. Despite the fact that the Board of Directors has clear power to repeal or amend the procedural ordinance, the Arkansas Supreme Court found they were bound to follow it until it was formally changed. " A city simply cannot pass procedural ordinances they expect to be followed by their residents and then conveniently ignore them themselves. A legislative body must substantially comply with its own procedural policies." Potocki v. City of Fort Smith, 279 Ark. 19, 648 S.W. 2d 462, 464 (1983) . Similarly, the Arkansas Supreme Court agreed with the Pulaski County Chancery Court that the Little Rock Board of Directors had acted arbitrarily, capriciously and unreasonably in a rezoning case. " (N)or does a city have to create a zoning ordinance or a land use plan or adopt planned use districts or planned commercial districts, but once it has done so it must follow the ordinance until it is repealed or altered ." City of Little Rock v. Pfeifer, 318 Ark. 679, 887 S.W. 2d 296, 298 (1994). The Bottom Line Apply the FACTS presented by City Staff, the Applicant or public to any of the six factors listed in the Unified Development Ordinance to justify your decision. 00 • Me FAYETTEVILLE TOWN CENTER August 16, 2004 Ms. Sondra Smith, City Clerk City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Fayetteville Town Center Annual Report to the City Council Ms. Smith, Please find enclosed the 2003-2004 Annual Report for the Fayetteville Town Center. 1 respectfully request that we be placed on the September 21 , 2004 Council Meeting for presentation of the report. Thank you for your assistance and should you have any questions please do not hesitate to contact me. Best regards, Willistine Smith Facilities Manager RECEIVED AUG 2 3 2(194 C17Y OF CTTy LErdc;g,�I� FFICE P.O. BOX 4157 15 WEST MOUNTAIN FAYETTEVILLE, AR 72702 -4157 1 -479 - 587- 9944 • 1 - 800 - 766 . 4626 9 WWW. TWNCENTER. COM Fayetteville Town Center • Annual Report to Fayetteville City Council Presented: September 21 , 2004 Goals (as stated in Article V, Section 507 of the Lease and Agreement between the City of Fayetteville, Arkansas and the A &P Commission of the City of Fayetteville, Arkansas) I . Generate increased tourism for Fayetteville 2. Remain financially viable with all debts and obligations paid timely 3 . Serve the Fayetteville community by use for local, non-profit groups and other community events 1. Tourism Review a. Total Contracts i. 1 /1 /04 to 7/31 /04: 104 ii . 1 / 1 /03 to 7/31 /03 : 88 iii. Variance: 18% iv. 1 / 1 /03 to 12/31 /03 : 166 b. Total Events i . 1 / 1 /04 to 7/31 /04: 94 ii. 1 / 1 /03 to 7/31 /03 : 94 iii. Variance: 0% iv. 1 / 1 /03 to 12/31 /03 : 177 c. Increased Tourism. The following list represents FTC participation in events potentially drawing overnight guests from outside the NWA area. Because the FTC does not track client guest-lists, we have no way to accurately determine revenue associated with each event. Event Name Event Date Swinging Door Reunion Concert 8/9/03 FCVB Kaleo Tours Trade Show 8/ 13/03 Arkansas Economic Developers 8/18/03 Arkansas Credit Union League/Senator Pryor Reception 8/ 18/03 UA Track Banquet 9/23/03 Poole Anniversary Reception 10/ 11/03 American Public Workers Association 10/16/03 Martin Luther King Banquet 1/ 19/04 American Diabetes Assn Banquet 2/26/04 Ducks Unlimited, UA 2/28/04 Governor's Conference on Tourism 3/8/04 Ozark Natural Foods Annual Meeting 3/14/04 UA Towers Awards Banquet 4/21/04 UA Interior Design Exhibition 5/7/04 Ozark Cooperative Warehouse Food Show 5/15/04 UA Food Sciences Rice Seminar 5/28/04 Wal-Mart Shareholders Food Show 6/2/04 WareNina gre Reception 6/ 12/04 Salvador Granados Baptism 6/23/04 BounkhongNega Wedding and Reception 7/3/04 ASAE Conference 7/12/04 Ryan Gibson Leukemia Fund Raiser 7/24/04 Arkansas 4-H O-Rama 7/29/04 Fayetteville ToCcnter 2004 Report Page I of 3 ll. Financial Viability Summary a. 1 /1 /04 to 7/31 /04 i . Sales Income 1 . Actual S1561610.97 2. Budget $ 1579321 .82 3 . Variance -.005% (less than I %) ii. General Expenses 1 . Actual S2119390.84 2. Budget S2209666.42 3. Variance -04% b. 1 / 1 /03 to 7/31 /03 i. Sales Income 1 . Actual S12%301 .58 2. Budget $ 164,704.54 3 . Variance -27% ii. Expenses 1 . Actual $205 , 166.69 2. Budget $2789219.05 3 . Variance -36% c. 1 / 1 /03 to 12/31 /03 Sales Income S2391150.96 Expenses $360,416.67 111. Community and Non-Profit a. I / 1 /04 to 7/31 /04 i. Total Events: 94 ii. Non-Profit Event: 34 iii. Ratio: 36% NP to Total events b. 1 / 1 /03 to 7/31 /03 i . Total Events: 94 ii. Non-Profit Event: 25 iii. Ratio: 27% NP to Total events c. Community Support i. Use of plaza area for peaceful assembly, public speaking (i.e. Peace Rallies, Police Memorial) ii. Public services including use of plaza to expand local Farmers Market, provision of public restrooms and parking for public events. iii . Participation in community events like First Night, Autumn Fest, Bikes Blues & BBQ, Joe Martin Stage Race, Chamber of Commerce Business Expo d. A list of non-profit events at the Town Center from 8/ 1 /03 to 7/31 /04 is available upon request Fayetteville Town Crnter 2004 Rclwn Page 2 of 3 IV. Feedback a. Evaluation Rating: (scale of I to 4) overall score of 3.89 b. Customer Comments: (complete report available upon request) i . Ducks Unlimited Fall Banquet — Jamey Goddard was extremely helpful in this process and we want to praise her for her extra work. Thanks - Dustin (4) ii . Southwest Energy Service Award Dinner — Only problems I notice were: The gate on the parking garage came down around 5 :30 pm, just as people were arriving; and when our speaker was ready to start, the microphone went dead. When these were brought to someone's attention, they were promptly taken care of. Thanks. (3) iii . Jones Wedding Reception — This was some of the best money spentO thanks for accommodating us. Everyone commented how beautiful the facility was. We loved it. It really put that special touch on our wedding! Carol (4) iv. WRMC Banquet — As always, it is a pleasure working with such organized professionals, and you provide a pleasant atmosphere. Thank you. (4) v. Newell Rubbermaid Holiday Party — We would highly recommend this organization to other companies for their events. As we will highly consider for our next event(s). Thanks for all your help and great services. Everyone (4) vi. Zeta Tau Alpha — Winter Formal — Everything went great. Had a little problem getting the projector to work, but everything worked out. (3) vii . Ozark Natural Foods — Your entire team did an AWESOME job! (4)) V. Fayetteville Town Center a. Staff i. Willistine Smith, Facilities Manager ii. Jamey Goddard, Senior Sales Representative iii . Julie Pennington, Sales Representative and Event Coordinator iv. Sandra Bennett, Event Coordinator v. Rachael Erke, Maintenance & Custodial V1, Supporting Documentation (not included with report unless otherwise noted) a. Income Statements: Actual vs. Budget (8/03 to 7/04) - included b. 2003 General Ledger, 8/ 1 /03 to 12/31 /03 c. 2004 General Ledger, I / I /04 to 7/31 /04 d. Customer Evaluation Summary Fayetteville Town Center 2004 Repon Page 3 of 3 • • City Council Meeting Minutes August 17. 2001 Pagc I of 28 City Council Meeting Minutes August 17, 2004 A meeting of the Fayetteville City Council was 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. PRESENT: Alderman Reynolds, Thiel, Gook, Marr, Rhoads, Odom, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Mayor Coody called the meeting to order. Judge Rudy Moore administered the Oath of Office for Alderman Conrad Odom. Alderman Odom replaced the seat that was vacated by Alderman Bob Davis who moved out of his Ward in July. Nominating Committee Report: Alderman Marr: We interviewed seven applicants fin the Public Housing Authority Board; at this point in time based on the time period of prior resignations and the time lapse that is required we would recommend two appointments to the Housing Authority. Betty Turner and Robin Ross are the recommendations. Alderman Marr moved to accept the Nominating Committee report. Alderman Thiel seconded the motion. Upon roll the motion passed unanimously. Regional/Community Park: Gary Dumas, Operations Director gave an overview of the proposed Regional/Community Park. Peggy Vice, Purchasing discussed the RFP process and the bids that were received on the RFP. She stated two bids were received one from SouthPass Development and one from Tower Enterprises. She reviewed the bids for compliance with the proposal requirement. Tower' s bid did not have a signature. She then spoke to the City Attorney Kit Williams about the "lower bid. City Attorney Kit Williams : The Purchasing Officer, Peggy Vice, brought the bid over to my office and showed me the proposal which I had not seen befilre. The sixth content proposal requirement says signanue of persons legally amhorized to represent the proposal. There was no signature there, in fact the proposal was by Tower Enterprises, LTD and there was no indication that the individual that sent the proposal had any authority to act for that company. The other problem that was readily apparent in the proposal was the seventh content proposal • • City Council Meeting Minute ' August 17, 2004 Page 2 of 28 requirement that says the successful proposer must post an irrevocable letter of credit or other comparable financial instrument that demonstrates the proposer has the funds on hand or funds available to close the land transaction. If you looked at the proposal the proposal was that the city buy the property and then he would be in partnership with the city. I think there were two major reasons why this proposal was not responsive to what the city had requested. I agreed with Peggy. She showed me the regulation in procurement, Regulation 11719- 11 -229134, which stipulates, only signed sealed bids delivered prior to date and time of bid opening shall be accepted. 1 agreed with Peggy at that point in time that this proposal had not been responsive and could not be properly considered by the city. Alderman Rhoads : Have there been any other similar situations like that and if so how did we handle them? Peggy Vice: No, we have never accepted a proposal or an RFP without a signature. Kit Williams: There was a similar one when the Dickson Enhancement Project was being bid we had several bids from various construction companies. One of the construction companies, which would have had the lowest bid, had not signed a particular form required. There were federal funds involved, therefore we were told by our consultant and I agreed with him that we could not consider that bid. It would have been illegal for the city to do it; therefore we did not consider that bid and awarded the contract to the next lower bidder. Gary Dumas went through the two proposals and the differences in the proposals. Mayor Coody: This has been very informative. Thank you very much. Alderman Jordan : I am curious about the million dollar match. Do we have to come up with one million to get the million dollar match, is that correct? Gary Dumas : That is correct. Alderman Jordan: Where is that money coming from? Gary Dumas: Currently in the existing 2004 CIP there is about $800,000 already identified for community park development. Next year in the amount of $850,000 or $865,000 is also proposed for a community park. So in January there will be a little over $ 1 .6 million already committed to the community park. Mayor Coody: Actually the match or our portion will be between $ 1 .5 and $2 million dollars. We haven't finalized that. They have asked for $2 million dollars of our money to match their one million. We are in conservations about his right now, if we can cut a deal to where our part of the match is $ 1 .5 million dollars and then they would put their million in, that means we could match it in January or early next year. If our match is $2 million it would just take a little bit longer but we would come up with that over time. Alderman Jordan : You are saying this is coming out of capital improvements?