HomeMy WebLinkAbout2004-10-19 - Agendas - Final Aldermen
Ward I Position I - Robert Reynolds'
Mayor Dan Coodyall Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
City y le Ward 2 Position 2 - Don Mart
Ci Clerk Sondra Smith Ward 3 Position I - Robert K.O Rhoads
4' Ward 3 Position 2 - Conrad Odom
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioncld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 19, 2004
A meeting of the Fayetteville City Council will be held on October 19, 2004 at 6:00 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. CONSENT:
1 . Approval of the Minutes: Approval of the October 5, 2004 City Council meeting
minutes.
APPROVED.
2. Walker Parking Consultants/Engineers, Inc. Contract: A resolution to approve a
contract in the amount of $23 ,940.00 plus possible expenses of up to $5,250.00 with
Walker Parking Consultants/Engineers, Inc. for engineering services related to the
rehabilitation and repair of the Mountain Street parking deck.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161 -04,
3. Lake Sequoyah Boat Dock Operation Contract: A resolution awarding a contract to
Dixie L. Smith in the amount of $25,000.00 to operate the Lake Sequoyah Boat Dock
from November 1 , 2004 through December 31 , 2005.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-04.
4. Selective Traffic Enforcement Grant: A resolution accepting the 2004-2005 Selective
Traffic Enforcement Program (STEP) Grant in the amount of $30,000.00 for the purpose
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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0 0
of paying overtime to officers engaged in the enforcement of DWI/DUI and seatbelt laws
and to purchase child safety scats for distribution to the public; and approving a budget
adjustment recognizing the grant revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 163-04,
5. Habitat for Humanity Fee Waiver: A resolution to waive the building permit fee and
other developmental fees for homes to be constructed by Habitat for Humanity.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-04.
B. UNFINISHED BUSINESS
1 . RZN 04-1166 (Sloan Properties): An ordinance rezoning that property described in
rezoning petition RZN 04- 1166 as submitted by Raymond Smith on behalf of Sloan
Properties for property located cast of Broyles Avenue and South of Persimmon Street
containing approximately 22.94 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 October 5, 1004 City Council Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4625,
2. RZN 04-1167 (McBryde): An ordinance rezoning that property described in rezoning
petition RZN 04- 1167 as submitted by Raymond Smith on behalf of Bryan McBryde and
Sloan Properties for property located at the end of Rupple Road, south of Persimmon
containing approximately 5.01 acres from R-A, Residential Agriculture to RSF-4,
Residential Single Family, Four Units Per Acre. This Ordinance was left on the first
reading at the October 5, 2004 City Council Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4626.
C. NEW BUSINESS:
1 . Farmington Settlement Agreement: A resolution to approve a settlement agreement
with the City of Farmington to resolve all sewer maintenance, repair and rehabilitation
issues and to approve a budget adjustment of $350,000.00 from the Water and Sewer
Fund Reserves.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-04.
2. Arkansas Blue Cross & USAble Insurance Benefit Plan Renewal: A resolution
exercising the first of five one-year options to renew employee group policies with
USAble Life to provide life, accidental death and dismemberment, and long term
disability insurance coverage, and with Blue Cross/Blue Shield for the group medical
plan.
PASSED AND RECONSIDERED, SEE ITEM NO, 13.
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3. RZN 04- 1164 (Clevenger Duplexes): An ordinance rezoning that property described in
rezoning petition RZN 04- 1164 as submitted by Melissa Curiel for property located south
of Wedington Drive and east of 54th Avenue, containing approximately 4.93 acres from
R-A, Residential Agricultural to RMF-6, Residential Multi Family, six units per acre
subject to a Bill of Assurance limiting the number and type of structures to duplex and
single family use.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE,
4. RZN 04-1188 (Gene Housley): An ordinance rezoning that property described in
rezoning petition RZN 04- 1188 as submitted by Gene Housley for property located at
400 West Appleby Road containing approximately 9.46 acres from R-A Residential
Agricultural to C- 1 , Neighborhood Commercial.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4627,
5. RZN 04-1189 (Jackson/Humphries): An ordinance rezoning that property described in
rezoning petition RZN 04- 1189 as submitted by Nick Wilson for property located at the
northwest corner of South School Avenue and Sunrise Mountain Road containing
approximately 7.91 acres from R-A Residential Agricultural and C-2, Thoroughfare
Commercial to I- 1 Heavy Commercial, Light Industrial .
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
6. R-PZD 04-1181 (Walnut Crossing): An ordinance establishing a Residential Planned
Zoning District titled R-PZD 04- 1181 , Walnut Crossing located north of Highway 62,
east of Layne Street containing 43 .30 acres, more or less; amending the official zoning
map of the City of Fayetteville; and adopting the Associated Residential Development
Plan as approved by the Planning Commission.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
7. ADM 04-1258 (Wilson Street/Walnut Crossing): A resolution amending the Master
Street Plan to relocate Wilson Street, a proposed Collector Street, approximately 600 feet
north as apart of R-PZD 1181 , Walnut Crossing, as described in the staff report attached
hereto and made a part hereof.
THIS ITEM WAS TABLED UNTIL NOVEMBER 2, 2004 MEETING.*
8, C-PZD 04-1175 (Center Street & Gregg Street): An ordinance establishing a
Commercial Planned Zoning District titled C-PZD 04- 1175, Rivendell located at the
northeast comer of Center Street and South Gregg Avenue containing approximately 0.67
acres, more or less; amending the official zoning map of the City of Fayetteville; and
adopting the Associated Mixed Use Development Plan as approved by the Planning
Commission.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4628,
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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9. ADM 04-1257 (Gregg Avenue Reclassification): A resolution amending the Master
Street Plan to reclassify Gregg Avenue from a Local Street to an Alley between Center
Street and Meadow Street as described in the staff report attached hereto and made a part
hereof.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-04,
10. VAC 04-1178 (Gregg Street Right of Way): An ordinance approving VAC- 1178 to
vacate a portion of the right of way for Gregg Street located between Center Street and
Meadow Street and reclassifying this subject right of way as an Alley as depicted on the
attached map and legal description.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4629,
11 . Seven Hills Property Lease: A resolution to terminate the current lease of 4.22 acres of
City property to Sage House and approve a lease of up to four acres of this property to
Seven Hills Homeless Shelter Center, Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-04,
12. Interlocal Agreement with Washington County for Jail Services: A resolution
adopting an interlocal agreement between the City of Fayetteville, Arkansas, and
Washington County, Arkansas wherein the County will provide jail services to the City
approving the transfer of three (3) FTE jail positions to Records Division upon City Jail
closure; and approving the transfer of two (2) FTE jail positions to Patrol Division on
January 1 , 2005.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-04.
13. Motion to Reconsider Arkansas Blue Cross and USAble Insurance Benefit Plan
Renewal: A resolution exercising the first of five one-year options to renew employee
group policies with USAble Life to provide life, accidental death and dismemberment,
and long term disability insurance coverage, and with Blue Cross/Blue Shield for the
group medical plan.
THIS ITEM WAS RECONSIDERED AND TABLED TO NOVEMBER 2, 2004
MEETING.*
D. INFORMATIONAL:
Council Tour: October 18, 2004 — 4:30 pm.
Meeting adjourned at 8:32 p.m.
*NOTE: The City Council meeting on November 2, 2004 is rescheduled for November 1 ,
2004 due to the regular scheduled date is election day.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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City Cobncil Meeting October 19004 • n/� Q
Subject:
Motion To:
Motion By:
Seconded :
y 5 Rhoads C
ao Odom b5ec'o
r DRC-
Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody
Subject: O Iv c
v
Motion To:
Motion By: dG�
Seconded :
Rhoads a\0 ORC
A.1 A • 5 Odom
Lucas f
Po�sse 'eS� Jordan
Reynolds
Thiel ✓
Ma`r ✓
Mayor Coody
City Council Meeting October 1904 •
Subject: 04 - Tia C
Motion To:
Motion By: O do O
Seconded: v CaS
k
Rhoads
g . l
Odom Vb &An Ir t ! C
Lucas
passu Jordan ✓
LI(o4 5 Reynolds ✓
Thiel
Cook f ✓
Marr
Mayor Coody
Subject:
Motion To: \
Motion By: d O
Seconded :
L�
Rhoads L C
6 . �
Odom L
eQSSea Lucas ✓
Jordan
� "l0 a Reynolds ✓
TTT Thiel
Cook
Marr
Mayor Coody
City Council Meeting October 19,004 •
Subject: 2R�
Motion To:
Motion By:
Seconded:
Rhoads C
C I Odom
Lucas ✓
�0.SSe � Jordan ✓
Reynolds
/ Thiel
U5 o Cook ✓
Marr
Mayor Coody
Subject: �
C4S c4- V C Ar Ie �e
Motion To:
Pacs Res
Motion By: naorn
Seconded :
Rhoads
C a Odom ✓
Lucas ✓
P0.SSe� Jordan
nn Reynolds
ReCon $•, det 4hiel
oc�- }he Cook
N -
Marr
-jib 4p Mayor Coody
City Council Meeting October 19 .004 •
Subject:
Motion To:
Motion By:
Seconded:
Rhoads
C 3 Odom
Lep} o n 4i.2 Lucas
F1f, g} Reor1 . Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody
Subject: ZtJ py - 88
Motion To:
Motion By: Th eA
Seconded: Hac- r US
Rhoads V
C L 1 Odom ✓ ✓
�t Lucas
PQ� s� Jordan
Reynolds ✓ ✓ ✓
/1/ /w_ Thiel
Cook ✓
Marr
Mayor Coody
City Council Meeting October 19,004 •
Subject:
gq rGKSOn um h i �
Motion To:
Motion By:
Seconded :
Rhoads
C • S Odom
1 2 On Lucas
�lts� Read . Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody
Subject: Z Q _ SS i n
Motion To:
k
Motion By:
Seconded :
Rhoads
C Odom
�Q ON Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody
City Council Meeting October 19,904 •
Subject: AWA04 - r.) sa
1 eei lea , �� � c�osS 'rn
Motion To:
abler ko . a M
Motion By:
Seconded: Ca
Rhoads V
o T7 Odom ✓
Lucas V
Tab�e � Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody
Subject: C - PZ O Oy - I "e re rpc-t
Motion To:
ac\6 a 1`
Motion By: - >i
Seconded : 2 O l6 S CooK
Rhoads Cy e_ 2ccAse. c- LAA C
C . 4g Odom
�A Lucas
Jq C�,q Jordan
Reynolds ✓
Thiel
Cook
Marr
Mayor Coody
City Council Meeting October 19,94 •
Subject:
y - ec % aka
1
Motion To:
. Pass
Motion By: M
Seconded: 0,00 r1
Rhoads
Odom
C 9
Lucas
�a Jordan
Reynolds
Il(JV/ Thiel
Cook
Marr
Mayor Coody
Subject: - 11W3 % k L"Y,
Motion To:
3 c1 Reaa P as s � �
Motion By: TC V60,4r\ TO cc)G
Seconded : S
Rhoads L � S2 C�S2 QCt� S �
Odom ✓ ✓ ✓
PQ SSe� Lucas ve**� VZ
` y Jordan
409
/ 9 Reynolds
(� Thiel
Cook
Marr
Mayor Coody
City Council Meeting October 19,4L •
Subject: �eQ S2
Anvnd Res
Motion To: (��pigcG
olaWt.,e.I.J POLSS Re S Ise
Motion By:
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lia
Seconded :
Rhoads ✓
C , 1 Odom ✓
Lucas ✓ ✓
PQM- Jordan
107eoq Reynolds
(O / Thiel
Cook ✓ ✓
Marr
Mayor Coody
Subject: Ae et�en L4 k . `, � v
Motion To:
S e
Motion By:
Seconded : a
Rhoads
C 1 � Odom
Lucas
pots se Jordan
I ® oq Reynolds
(� 1 Thiel
Cook
Marr
Mayor Coody
City Council Meeting October 19,064 •
Subject: Rp o 't dee- 1 c2 .+
Reccmviaer- Tabte A-o
Motion To:
}eM ►Jpv . :1
Motion By: O1,aQ�
Rhoads
Odom
Tobved Lucas
.Jordan
Reynolds
'Thiel
Cook
Marr
Mayor Coody
Subject: \4?� C 2.,Es +O oJ�4Y,b2 r- i �etCl � .
Motion To:To: N%*J - io Mao . 11-
Motion By:
Seconded : 06 rr
oh Rhoads I'�OIr s
Po SSoa Odom
Lucas
.Jordan
Reynolds
'Thiel
Cook
Marr
Mayor Coody
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Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody Ward 1 Position 2 - Elrenda Thiel
Ward 2 Position I - Kyle R. Cook
City Attorney Kit Williams f7 Ward 2 Position 2 - Don Marr
Tye �( i 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
October 19, 2004
A meeting of the Fayetteville City Council will be held on October 19, 2004 at 6:00 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. CONSENT:
1 . Approval of the Minutes: Approval of the October 5, 2004 City Council meeting
minutes.
2. Walker Parking Consultants/Engineers, Inc. Contract: A resolution to approve a
contract in the amount of $23,940.00 plus possible expenses of up to $5 ,250.00 with
Walker Parking Consultants/Engincers, Inc. for engineering services related to the
rehabilitation and repair of the Mountain Street parking deck.
3. Lake Sequoyah Boat Dock Operation Contract: A resolution awarding a contract to
Dixie L. Smith in the amount of 525,000.00 to operate the Lake Sequoyah Boat Dock
from November I , 2004 through December 31 , 2005.
4. Selective Traffic Enforcement Grant: A resolution accepting the 2004-2005 Selective
Traffic Enforcement Program (STEP) Grant in the amount of $30,000.00 for the purpose
of paying overtime to officers engaged in the enforcement of DWI/DUl and seatbelt laws
and to purchase child safety scats for distribution to the public; and approving a budget
adjustment recognizing the grant revenue.
5. Habitat for Humanity Fee Waiver: A resolution to waive the building permit fee and
other developmental fees for homes to be constructed by liabitat for Humanity.
113 West Mountain 72701 (479) 521-7700 (479) 575-6257 (Fax)
accessfaycneville.org
B. UNFINISHED BUSINESS
1 . RZN 04-1166 (Sloan Properties): An ordinance rezoning that property described in
rezoning petition RZN 04-1166 as submitted by Raymond Smith on behalf of Sloan
Properties for property located east of Broyles Avenue and South of Persimmon Street
containing approximately 22.94 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 October 5, 2004 City Council Meeting.
2. RZN 04-1167 (McBryde): An ordinance rezoning that property described in rezoning
petition RZN 04- 1167 as submitted by Raymond Smith on behalf of Bryan McBryde and
Sloan Properties for property located at the end of Rupple Road, south of Persimmon
containing approximately 5 .01 acres from R-A, Residential Agriculture to RSF-4,
Residential Single Family, Four Units Per Acre. This Ordinance was left on the first
reading at the October 5, 2004 City Council Meeting.
C. NEW BUSINESS:
1 . Farmington Settlement Agreement: A resolution to approve a settlement agreement
with the City of Farmington to resolve all sewer maintenance, repair and rehabilitation
issues and to approve a budget adjustment of $350,000.00 from the Water and Sewer
Fund Reserves.
2. Arkansas Blue Cross & USAble Insurance Benefit Plan Renewal: A resolution
exercising the first of five one-year options to renew employee group policies with
USAble Life to provide life, accidental death and dismemberment, and long term
disability insurance coverage, and with Blue Cross/Blue Shield for the group medical
plan.
3. RZN 04-1164 (Clevenger Duplexes): An ordinance rezoning that property described in
rezoning petition RZN 04-1164 as submitted by Melissa Curiel for property located south
of Wedington Drive and east of 54 h Avenue, containing approximately 4.93 acres from
R-A, Residential Agricultural to RMF-6, Residential Multi Family, six units per acre
subject to a Bill of Assurance limiting the number and type of structures to duplex and
single family use.
4. RZN 04-1188 (Gene Housley): An ordinance rezoning that property described in
rezoning petition RZN 04-1188 as submitted by Gene Housley for property located at
400 West Appleby Road containing approximately 9.46 acres from R-A Residential
Agricultural to C-1 , Neighborhood Commercial.
5. RZN 04-1189 (Jackson/Humphries): An ordinance rezoning that property described in
rezoning petition RZN 04-1189 as submitted by Nick Wilson for property located at the
northwest comer of South School Avenue and Sunrise Mountain Road containing
approximately 7.91 acres from R-A Residential Agricultural and C-2, Thoroughfare
Commercial to I-1 Heavy Commercial, Light Industrial.
113 West Momtain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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0 0
6. R-PT,D 04- 1181 (Walnut Crossing) : An ordinance establishing a Residential Planned
Zoning District titled R-P7_D 04- 1181 , Walnut Crossing located north of Highway 62,
east of Layne Street containing 43.30 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.
7. ADM 04-1258 (Wilson Street/Walnut Crossing): A resolution amending the Master
Street Plan to relocate Wilson Street, a proposed Collector Street, approximately 600 feet
north as apart of R-PZD 1181 , Walnut Crossing, as described in the staff report attached
hereto and made a part hereof.
8. C-PZD 04-1175 (Center Street & Gregg Street): An ordinance establishing a
Commercial Planned Zoning District titled C-PZD 04- 1175, Rivendell located at the
northeast comer of Center Street and South Gregg Avenue containing approximately 0.67
acres, more or less; amending the official zoning map of the City of Fayetteville; and
adopting the Associated Mixed Use Development Plan as approved by the Planning
Commission.
9. ADM 04-1257 (Gregg Aveuue Reclassification): A resolution amending the Master
Street Plan to reclassify Gregg Avenue from a Local Street to an Alley between Center
Street and Meadow Street as described in the staff report attached hereto and made a part
hereof.
10. VAC 04-1178 (Gregg Street Right of Way): An ordinance approving VAC- 1178 to
vacate a portion of the right of way for Gregg Street located between Center Street and
Meadow Street and reclassifying this subject right of way as an Alley as depicted on the
attached map and legal description.
11 . Seven Hills Property Lease: A resolution to terminate the current lease of 4.22 acres of
City property to Sage I louse and approve a lease of up to four acres of this property to
Seven hills Homeless Shelter Center, Inc.
12. Interlocal Agreement with Washington County for Jail Services: A resolution
adopting an interlocal agreement between the City of Fayetteville, Arkansas, and
Washington County, Arkansas wherein the County will provide jail services to the City
approving the transfer of three (3) FTG jail positions to Records Division upon City Jail
closure; and approving the transfer of two (2) F fG jail positions to Patrol Division on
January 1 , 2005.
D. INFORMATIONAL:
Council Tour: October 18, 2004 — 4:30 pm.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accmdayettevil le.org
• • a . y
4EoArce.4"efN+ �arvk-
RESOLUTION NO.
A RESOLUTION ACCEI'11NG THE 2004-2005 SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IN THE
AMOUNT OF $30,000.00 FOR THE PURPOSr OF PAYING
OVERTIME TO OFFICERS ENGAGED IN THE ENFORCEMENT
OF DWI/ DUI AND SEATBELT LAWS AND TO PURCHASE.
CHILD SAFETY SEATS FOR DISTRIBUTION TO THE PUBLIC;
AND APPROVING A BUDGE-F ADJUSTMENT RECOGNIZING
THE GRANTREVENUE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas
hereby accepts the 2004-2005 Selective Traffic Enforcement Program (STEP)
Grant in the amount of $30,000.00 for the purpose of paying overtime to offie s
engaged in the enforcement of DWI/ DUI and seatbelt laws and to purc asp td
safety seats for distribution to the public. i
- � lryd
Section 2. That the City Council of the Cit: o aye 'lle, ;P: kansas
hereby approves a Budget Adjustment recognizing the nt revenue. '
ori
PASSED and APPROVED this 19th day of tober 20 r:
A PROVE
r�.
' DAN COODY, Mayor
AT;TEST:
By%,
LVD A SMITH, City Clerk
A . 5
ALDERMAN AGENDA REQUEST FORM
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FOR: COUNCIL MEETING OF NOVEMBER-t, 2004
FROM :
ALDERMAN BRENDA THIEL
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Waive The Building Permit Fee And Other Developmental Fees For Homes To Be
Constructed By Habitat For Humanity
APPROVED FOR AGENDA:
Alderman Date
y Attomey (as to form) Date
RESOLUTION NO.
A RESOLUTION TO WAIVE THE BUILDING PERMIT
FEE AND OTHER DEVELOPMENTAL FEES FOR HOMES
TO BE CONSTRUCTED BY HABITAT FOR HUMANITY
WHEREAS, Habitat For Humanity is a non-profit organization dedicated to
assisting lower income people to build and own their own affordable homes; and
WHEREAS, it serves the public interest and is beneficial to the City as a whole
that Habitat For Humanity helps to provide such affordable housing in Fayetteville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas finds
that waiving the building permit fee and all other developmental fees normally required
by the Unified Development Code for the Habitat For Humanity home construction
project serves the public interest and is beneficial to the City as a whole.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
permanently waives the normal building permit fee and all other developmental fees
normally required by the Unified Development Code for the Habitat For Humanity home
construction projects located in Fayetteville, Arkansas.
PASSED and APPROVED this the 2nd day of November, 2004.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
RZN Oy - 116�i
Planning Commission Clc.rer %e� O . pte*ge� S
September 27, 2004
Page 74
RLN 04-1164: Rezoning (CLEVENGER DR. DUPLEXES, 436,437): Submitted by
MELISSA CURrEL for property located at CLEVENGER DRIVE, S OF WEDINGTON
DRIVE AND EAST OF 54TH. The property is zoned R-A, RESIDENI-IAL-
AGRICULTURAL and contains approximately 4.93 acres. The request is to rezone the
subject property from R-A, Residential Agricultural, to RMF-6, Residential Multi-family,
6 units per acre, with a Bill of Assurance.
Ostner: The next item is RZN 04- 1164 for Clevenger Drive duplexes. If we could
have the staff report please.
Pate: This property is located on Clevenger Drive south of Wedington Drive
east of 54th Street. The property is currently zoned R-A, Residential
Agricultural, and contains approximately 4.93 acres. Surrounding
properties are primarily zoned RSP-4 and R-A and are developed as single
and two family residential homes and agricultural land. The 4.93 acre
tract is fully developed with two family dwelling units. Development on
this property pre-dates the annexation of this area into the City of
Fayetteville in the 1980's. At that time, land was primarily zoned R-A,
Residential Agricultural by default in this particular area as it was
annexed. The 10 structures existing on the property house a total of 20
units, for a current density of four dwelling units per acre. However, two
family dwelling units are allowed by right in the R-A zoning district, the
density is limited to %: unit per acre with 200' of frontage per lot. This
essentially, once it was brought into the city created non-conforming
structures on this property. The subject property is developed all in one
parcel of land with frontage onto Clevenger Drive, which is dedicated
right of way and 541^ Avenue. The structures, as I mentioned, considered
non-conforming structures and may not be replaced if destroyed except in
compliance with zoning and development regulations. The applicant
proposes a rezoning of the subject property to facilitate the reconstruction
of one of the two family units lost to arson in the recent past. Upon
application for a building permit for this unit the applicant was informed
that the structures were non-conforming and could not be replaced. The
intent, as stated by the applicant, in the request to replace the original
structure with one that is similar in size and location. Originally the
applicant submitted a rezoning request to go to RT- 12, Residential two
and three family 12 units per acre to change the zoning district to one that
would allow rebuilding of these dwelling units. Staff was not in support
of such a change in density in this area which with potential
redevelopment of the property could increase the number of units to 59 on
the subject property. The applicant has changed the rezoning request
based on discussions with staff to RMF-6, the lowest multi-family zoning
district for a lower density. Additionally, the applicant is offering a Bill of
Assurance, l have a copy of which I will pass out in just a moment, stating
that only two family or single family residences may be constructed on the
subject property thereby eliminating the possibility of apartment style or
..... . .......... . . ....... .. ._. . . . . . . .
Planning Commission .
September 27, 2004
Page 75
multi-family dwelling units in this area. With regard to findings, staff
finds that the proposed rezoning is consistent with the land use plan
objectives in this area. The General Plan calls this out as residential for
future land use. Surrounding properties are residential and agricultural in
nature including several two family units and single family units. The Bill
of Assurance offered also limits the type of development on the property,
both now and in the future, to single family and two family dwelling units
which is compatible with surrounding areas. In the short term, obviously,
the proposed zoning would allow for the reconstruction of the structure
lost to arson. In the long term, as I mentioned, with the Bill of Assurance,
multi-family units would be prohibited from being developed and it would
be essentially limited to single family and two family types of dwelling
units. The site is currently fully developed and with the review from
public service providers they find that the proposed zoning would not
create or appreciably increase traffic danger and congestion in the area-
Response
reaResponse times are also included in your staff report. A maximum number
of 29 units could be permitted, all single family and two family in nature
on this site. With that, staff is recommending approval of the rezoning
request to RMF-6. We did receive at least one letter and I will pass that
out.
Ostner: Is the applicant present? If you would like to come forward and introduce
yourself and give us your presentation.
Creole: I'm Melissa Creole, I'm here on behalf of my family. Our only goal is to
rebuild the duplex that was burned down last year. We are losing about
$900 a month in rent from the building that was burned down.
Ostner: Thank you. At this point I am going to open it up to the public. Would
anyone like to speak to this issue? Seeing none, I will close it to the
public and bring it back to the Commission for discussion.
Clark: Jeremy, is the Bill of Assurance in our packet?
Pate: No, I just passed it around.
Allen: ' Just for general information, looking at this police report, how far is too
far? How many miles away do fire departments consider too far away?
Shackelford: It is based on the response time from what I remember.
Allen: Right, how far is too far though?
Vaught: If the average gets up into the eight to nine minute range I believe our
ratings go down.
Planning Commission
September 27, 2004
Page 76
Ostner: The goal, I just read this in the paper, was to have 70% of our response
times shorter than seven minutes. Some of them in our outlying areas are
creeping up. They would like to lower that with more fire stations.
Allen: Ok, I just wondered as I was reading it what the required amount of time
was.
Pate: Additionally, this area is within the city limits and there are areas further
out to the west and to the south. We saw a project recently at Tackett and
541° and that was some of the discussion there as well.
MOTION:
Shackelford: As I read this staff is in support of a RM17-6 zoning, which would allow
six units per acre on this property. This is our lowest zoning for multi-
family, which basically will satisfy the request of the applicant to allow
them the proper zoning to match the use as it exists now. On top of that,
we have a Bill of Assurance that says that any buildings on this that run
with the land will be limited to a duplex or single family use so I
anticipate that that density will actually be less than that in reality. Based
on that, and based on staff's finding of facts, I am going to make a motion
that we recommend approval of RZN 04- 1164 to the City Council.
Graves: Second.
Ostner: There is a motion and a second, is there further discussion?
Allen: I had a call from ,this woman who spent the email today and wondered if
the applicant had an opportunity to talk with her or other concerned
neighbors.
Creole: No, I haven't talked with anyone who had any concerns. They have
contacted me.
Allen: Thank you.
Ostner: Is there further discussion? Could you call the roll please?
Roll Call: Upon the completion of roll call the motion to recommend approval of
RZN 04-1164 was approved by a vote of 8-0-0.
Thomas: The motion carries.
ALDERMAN AGENDA REQUEST FORM
Sem 141 1I
e.osa-
FOR: COUNCIL MEETING OF October 19, 2004
FROM:
ALDERMAN BRENDA THIEL
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Terminate The Current Lease Of 4.22 Acres Of City Property To Sage House
And Approve A Lease Of This Property To Seven Hills Homeless Center Inc.
APPROVED FOR AGENDA:
Coe
ti
aidda
lc
A/ldeerman Date
City Attorney (as to form) Date
RESOLUTION NO.
A RESOLUTION TO TERMINATE THE CURRENT
LEASE OF 4.22 ACRES OF CITY PROPERTY TO SAGE
HOUSE AND APPROVE A LEASE OF UP TO FOUR
ACRES OF THIS PROPERTY TO SEVEN HILLS HOMELESS
SHELTER CENTER, INC.
WHEREAS, on April 2, 2002, Sage House and the City of Fayetteville
entered into a long term lease of 4.22 acres of city property on Huntsville Road so
that Sage House would construct rent-subsidized transitional housing to serve
citizens of Fayetteville; and
WHEREAS, after more than 2 1/2years, Sage House has not been able to
move forward with their project, has not constructed the promised transitional
housing, and has not provided any of the promised services to Fayetteville
citizens which was the consideration to support leasing this property; and
WHEREAS, Seven Hills Homeless Center, Inc. has obtained adequate
financing to build transitional housing to serve the needs of Fayetteville
residents, but needs to lease an appropriate site for its facility; and
WHEREAS, if Sage House can secure adequate financing in the future,
the City of Fayetteville shall lease another appropriate site for its transitional
housing project.
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 terminates the Lease Agreement entered into with Sage House on April 2,
2002, for failure of consideration since Sage House has not constructed, begun
construction of, nor has adequate financing to construct the transitional housing
project it promised to build to provide service to Fayetteville citizens over two
and a half years ago.
Section 2: That the City Council of the City of Fayetteville, Arkansas
hereby agrees to lease up to four acres of this same parcel to Seven Hills
Homeless Center, Inc. so it may use the financing it has secured to build a
transitional housing facility to serve Fayetteville citizens and authorizes the
Mayor to execute this lease attached as Exhibit "A".
• 0
Section 3: That the City Council of the City of Fayetteville, Arkansas
hereby commits to lease an appropriate site for Sage House to construct its
transitional housing facility within Fayetteville if it can secure adequate
financing and construct such facility within the next five years.
PASSED and APPROVED this 191h day of October, 2004.
APPROVED:
DRAFT
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
LEASE AGREEMENT
This Agreement, made and entered into this day of 2004, by and
between the City of Fayetteville, Arkansas, Lessor, and Seven Hills Homeless Center, Inc.
(hereinafter "Seven Hills"), Lessee, Witnesseth:
WHEREAS, Seven Hills is a non-profit agency established and dedicated to provide a
Homeless Shelter and to provide transitional housing for the homeless; and,
WHEREAS, providing transitional housing to Fayetteville citizens and permanent
supportive housing for persons with disabilities are valid public purposes; and,
WHEREAS, Seven Hills will provide such service to Fayetteville citizens so that these
citizens can reestablish themselves, obtain employment, and move to private housing within a fairly
short period of time and to disabled citizens for permanent supportive housing.
NOW, THEREFORE, the City of Fayetteville and Seven Hills agree as follows:
1 . Leased Premises. For and in consideration of Seven Hills' promise to promptly provide
transitional housing for needy, homeless Fayetteville citizens and permanent supportive housing and
the covenants and agreements herein entered into and agreed upon by Seven Hills as obligations to
the City of Fayetteville, the City lets, leases and demises unto Seven Hills, subject to the terms and
conditions contained herein, up to four acres within the following described property situated in
Washington County, Arkansas.
A part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of
Section Twenty-two (22), Township Sixteen (16) North, Range Thirty (30) West
of the P Principal Meridian, being more particularly described herewith as follows:
Beginning at a point South 02° 47' 37" East 44.29 feet from the Northwest comer
of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section
22, said point being on the West line of the NE 1/4 of the NEl/4 of said Section 22
and on the South right-of-way line of Huntsville Road; running thence along said
South right-of-way line South 87° 50' 21" East 155.34 feet; thence leaving said South
right-of-way line of Huntsville Road South 010 2811" East 258.35 feet; thence
South 87° 28' 11" East 60.00 feet; thence South 01 ' 28' 11"East 65.00 feet; thence
South 09° 49' 11" East 225.00 feet; thence South 82° 40' 11 " East 100.00 feet;
thence South 85° 16' 19" East 43.03 feet; thence South 87° 28' 11" East 79.67 feet;
thence South 02° 48' 08" West 125.00 feet; thence North 87° 50' 21 " West 510.83
feet to the West line of the Northeast Quarter (NE 1/4) of the Northeast Quarter
(NE 1/4) of said Section 22; thence with said West line North 02° 47' 37" East 679.67
feet, more or less, to the Point of Beginning, containing 4.22 acres, more or less,
subject to rights-of-way and easements of record and subject to a public access
easement, said easement being 60 feet in equal and uniform width, East of and
adjacent to the West line of the property described hereinabove.
To have and to hold said premises unto the said Seven Hills for and during the term herein
stated, subject to the covenants, terms and conditions herein contained.
2. Term. This lease shall commence on November 1 , 2004, and shall extend for a term of
fifty (50) years, ending at midnight on October 30, 2054. This lease may be extended by the parties
by joint agreement prior to its termination for an additional thirty (30) years.
3. Consideration. The primary consideration for the City is Seven Hills' agreement in
paragraph 4 to serve Fayetteville citizens by promptly constructing its transitional housing project.
4. Use. Seven Hills agrees to use the lease premises for the purpose of constructing,
operating and maintaining a transitional housing facility. If at any time the property ceases to be
used for this purpose, the lease shall terminate. Seven Hills agrees to furnish rent subsidized
transitional housing for Fayetteville citizens and residents throughout this lease period. Seven Hills
shall deliver quarterly written reports to the Mayor's office concerning the number of Fayetteville
citizcns/residents housed or otherwise assisted by Seven Iflls.
5. Improvements. Seven Hills may make any such improvements as are necessary to carry
out the service of providing rent subsidized transitional housing facilities. Design for any such
improvements shall be approved by the City of Fayetteville. Upon termination of this lease, all
improvements shall become the property of the City.
6. Taxes. Seven Hills shall pay any and all ad valorem taxes and special improvement
district taxes levied and assessed against said premises and the improvements located thereon during
the term of this lease.
7. Notices. All notices, requests, demands and other communications required by or
permitted hereunder shall be in writing and shall be directed to the following:
City of Fayetteville Seven Hills Homeless Center, Inc.
113 W. Mountain St. P.O. Box 474
Fayetteville, AR 72701 Fayetteville, AR 72702-0474
8. Assignment. Seven Hills shall not assign this lease or sublet the lease premises without
prior written consent of the City. Any such assignment or subletting shall in no way relieve Seven
Hills from liability for the obligation imposed by this lease. Seven Hills may only be released from
liability for the obligation imposed by this lease by a specific written release executed by the City.
9. Insurance.
A. Seven Hills shall be solely responsible for maintaining insurance on its property,
including movables, trade fixtures, furniture, furnishings and inventory, as well as improvements to
the property.
B. Seven Hills shall, during the term of this lease, maintain public liability insurance.
The limits of such public liability insurance shall not be less than $500,000.00 per person and
$500,000.00 per accident. 'ne policy shall contain a clause that the insurer will not cancel or change
the insurance without giving the City of Fayetteville, ten days prior written notice. A certificate of
such insurance shall be delivered to the City.
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