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Home My WebLink About2004-12-21 - Agendas - Final Aldermen ® Ward I Position I - Robcn Reynolds Mayor Dan Coody Ward I Position 2 - nrenda 'rhtel Ward 2 Position I - Kyle 13. Cook City Attorney Kit Williams + Ward 2 Position 2 - Dun Marr y ! Ward 3 Position I • Robcn K. Rhoads City Clerk Sondra Smith re 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 December 21 , 2004 A meeting of the Fayetteville City Council will be held on December 21 , 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 City Council Special Resolution Recognizing the Fayetteville high School Student Council : APPROVED AND SHALL BE RECORDED AS RESOLUTION NO, 207-04, Nominating Committee Report: Board Appointments by the Mayor: Library Board: Daniel Ferritor Board of health : Dr. Anthony Hui Dr. David Crittenden Don Moore Jim Huffman Rick Johnson A. CONSENT: 1 . Approval of the Minutes: Approval of the December 7, 2004 City Council meeting minutes. THIS ITEM WAS REMOVED FROM AGENDA. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I leorg 2. Drug Interdiction Grant: A resolution authorizing the Fayetteville Police Department to apply for and accept a grant from the Arkansas Alcohol and Drug Abuse Coordinating Council in the amount of $20,000.00 to support Drug Interdiction Operations; and approving a budget adjustment recognizing the grant revenues. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 208-04. 3. Andritz, Inc. Agreement: A resolution to approve an agreement with Andritz, Inc. to lock in pricing of $672, 157.00 for three belt filter presses by paying a security deposit of $33 ,607. 85 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 209-04 4. TIF Bond Reimbursement: A resolution expressing the intent of the City of Fayetteville, Arkansas to reimburse certain expenditures o1' the City pertaining to financing, planning, acquisition and demolition in connection with the Highway 71 East Square Redevelopment District project with the proceeds of an issue or issues of tax- exempt bonds; and stating other matters pertaining thereto. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-04. 5. Crews and Associates Bond Underwriter for TIF Bonds: A resolution accepting Crews and Associates as Bond Underwriter for any Tax Increment Financing Bonds issued through December 31 , 2005 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211 -04. 6. Community Access Television, Inc. Contract: A resolution to approve a contract with Community Access Television, Inc. to operate the Public Access Cable Channel throughout 2005 for $93,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 212-04. 7. LEECO Fire Equipment Fire Apparatus Purchase: A resolution approving the purchase of one ( 1 ) Emergency One, Inc. (E-One) replacement pumper apparatus form LEECO, Inc. in the amount of $371 ,985 .00; and approving a budget adjustment in the amount of $278,985 .00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 213-04. 8. Meadows Enterprise, Inc. Land Swap: A resolution to approve a deed from the City of Fayetteville to Meadows Enterprises, Inc. for 1 .95 acres to swap for similar acreage to enlarge a nearby city park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 214-04 B. UNFINISHED BUSINESS L 2005 Proposed Annual Budget and Work Program Adoption: A resolution adopting the proposed 2005 Annual Budget and Work Program. This resolution was tabled at lire 113 west Mountain 72701 (479) 521 .7700 (479) 575-8257 (Fax) accessfayeueci I le.org 0 0 November 16, 2004 City Council meeting until the December 7, 2004 City Council meeting. This resolution was tabled at the December 7, 2004 City Council meeting until the December 21, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 215-04 C. NEW BUSINESS: 1 . Amend Title XI : Chapter 117, Article IV: Taxicabs, and Article V: Limousines: An ordinance amending Title XI : Chapter 117, Article IV : Taxicabs, and Article V : Limousines of the Code of Fayetteville. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4661 , 2. Sensus Metering Systems Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of ten ( 10) hand-held touch-read meter reading devices with communication accessories from Sensus Metering Systems for the Meter Operations Division in the amount of $41 ,062 .50. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4654, 3. University of Arkansas Consulting Contract: An ordinance waiving the requirements of formal competitive bidding and approving a master contract with the Board of Trustees of the University of Arkansas to provide the City of Fayetteville with specific consulting and study services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4655. 4. ANX 04- 1222 (Doris Roberts): An ordinance annexing that property described in annexation petition ANX 04- 1222 annexing to the City of Fayetteville, Arkansas, certain property owned by Doris Faye Roberts located at the south end of Roberts Road containing approximately 47. 13 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE. NO, 4656, 5. RZN 04- 1280 (Doris Roberts): An ordinance rezoning that property described in rezoning petition RZN 04- 1280 for property located on Roberts Road south of Highway 16 East containing approximately 47. 13 acres from R-A, Residential Agricultural to RSF- 4, Residential Single Family, four units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE: NO. 4657. 6. VAC 04- 1255 (Hanks): An ordinance approving VAC 04- 1255 submitted by Tim Maddox for property located on the cast side of 2553 Ferguson Avenue as described on the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4658. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 0 0 7. VAC 04- 1279 (Pearson): An ordinance approving VAC 04- 1279 submitted by Wyma & C.T. Pearson for an alley located at Block 3, Rosehill Addition as described on the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4659. 8. ADM 04-1303 Amend Chapter 166.04 Street Standards: An ordinance amending Title XV : § 166.04, Unified Development Code, of the Fayetteville Code of Ordnances, to require city street standards for the subdivisions within one ( 1 ) mile of the city limits. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4660. D. PUBLIC HEARINGS: 1 . Dynasty Limousine; Certificate of Public Convenience and Necessity: A resolution granting a Certificate of Public Convenience and Necessity to Dynasty Limousine for the operation of a limousine service within the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 216-04. E. INFORMATIONAL: Council Tour: No Tour Meeting adjourned at 8:40 p.m. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Far) ac c cs s fay c n c v i 11 c.o rg City Council Meeting December 21 , 04 Subject: Motion To: Motion By: Seconded: Thiel Cook Marr Rhoads Odom Lucas Jordan Reynolds Mayor Coody Subject: caT Motion To: Motion By: Seconded: Thiel Cook ✓ n Marr ✓ `CJ Rhoads ✓ i Odom ✓ Lucas �✓ Jordan Revnolds woe Mayor Coody City Council N7eeting December 21 , 404 Subject: Motion To: Motion By: L Seconded: Thiel Cook Marr ^ Rhoads fT) Odom Lucas Jordan � Reynolds Mayor Coody Subject: Motion To: Motion By: Seconded: Thiel Cook f Marr r/ p/ Rhoads Odom ✓ Lucas ✓ Jordan ✓ ,4 v� Reynolds Mayor Coody City Council Meeting December 21 ,04 • Subject: coos � ,t�, dp Motion To: Motion By: Seconded: �dQYty Thiel Q Cook Marr V' ural Rhoads n Odom Lucas Jordan iy Reynolds N 3 Mayor Cuody Subject : 90 Motion To: Motion By: Seconded : e , ( • Thiel I " ` 67� Cook f „ p Marr 40 � Rhoads P Odom ✓ Lucas ✓ Jordan Reynolds Mayor Coody City Council Meeting December 21 , *4 Subject: Motion To: Motion By: (�� Seconded: Vv / Thiel r Cook Marr ✓ 0 J,? q (ozod pO Rhoads Odom Lucas Jordan Reynolds Mayor Coody Subject : O� Motion To: � � �( CJJ Q Motion By: `� Seconded: d Thiel S Cook IVO Marr Rhoads Qw4—ofµ!/► Odom () Lucas Jordan Reynolds Mayor Coody wp) City Council Meeting December 21 , *4 • Subject: oo S Motion To: Motion By: Seconded: Thiel d� Cook Marr Rhoads Al Odom (� I Lucas ' . Jordan Reynolds Mayor Coody Subject : 4� Motion To: � / 7 Motion By: Seconded: oof 7 3 7 Thiel � z0/"%UMAzf — Q Cook ,/ I(� Marr (J Rhoads r/ D Odom Lucas Jordan;J00J ✓ Revnolds LZ Mayor Coody City Council Meeting December 21 , 04 • Subject: Motion To: Motion By: Seconded: t Thiel C Il Cook ✓ ✓ / Marr Rhoads Odom Lucas ✓ ,� Jordan Reynolds Mayor Coody Subject: Motion To: Q41" AJ Motion By: Seconded: RV &JA0 II Thiel ✓ Cook r/ Marr N Rhoads Al P Odom Lucas r/ / Jordan Reynolds Mayor Coody City Council Meeting December 21 , *4 • Subject : Motion To: t�J Motion By: Seconded: Thiel ook n Marr Rhoads t/ Odom Lucas (f j� Jordan Reynolds 1 n\ i\layor Coody �1 nUL Subject : Motion To: U Motion By: Seconded: w Thiel t/ ✓ Cook CMarr t✓ ✓ 1 Rhoads t� t/ ✓ Odom ✓ �✓ l✓ Lucas ✓ �/ �/ Jordan ✓ Reynolds 4AMayor Coody City Council Meeting December 21 , 04 • Subject : Motion To: Motion By: Seconded: Thiel t/ N Cook ✓ Marr L t/ Rhoads �/ �/ ✓ Odom ✓ � ,ucas ✓ �/ Jordan ✓ O/ Reynolds Mayor Coody Subject : d , ZIJ Motion To: Motion By: Seconded: n Thiel vo V Cook Marr ✓ ,/ Q Rhoads t/ ✓ Odom ✓ ,/ Lucas Jordan ✓ ✓ Reynolds ayor Coodv � � - / 26 City Council Meeting December 21 ,04 • Subject: Z q/ Motion To: Motion By: Seconded: Thiel (� 5 Cook ✓ ✓ ✓ Marr Rhoads ✓ ✓ �/ Odom n Lucas Jordan c/ 1 / Reynolds � A7ayor Cooly Subject: � /� Motion To: a lJ Motion By: Seconded: Thiel i/ ✓ Cook ✓ ,✓ �/ C/ t� Marr ✓ ✓ ✓ Alwooko' Rhoads ✓ `� Odom ✓ ✓ i/ ' Lucas 7 � Jordan / Reynolds D / 0 Mayor Coody 46 City Council Meeting December 21 , 94 • Subject: Motion To: 0ju d ,? Motion By: Seconded: Thiel off /] Cook ✓ ✓ Marr ✓ �/ Np) Rhoads Odom ✓ �/ ✓ i Lucas �/ ✓ Al Jordan �/ ✓ Reynolds Mayor Coody Subject: / t D /yl Motion To: gA / Motion By: Seconded: Thiel ✓ vloe C Cook ✓ / Marr ✓ Ar , y�J Rhoads /VQ W Odom ✓ ✓ uri n Lucas ✓ ,✓ Jordan ✓ ✓ Reynolds g� 1n� Mayor Coody City Council Meeting; December 21 ,04 • Subject: /� _ 1 i Motion To: Motion By: Seconded: Thiel n Cook Marr !/ C Rhoads Odom i (f Lucas ^� , 1 Jordan ` l�1 Reynolds Mayor Coody Subject: Motion To: Motion By: Seconded: I'hiel Cook Marr Rhoads Odom Lucas Jordan Reynolds Mayor Coody City Council Meeting December 21 ,04 • Subject: Motion To: Motion By: Seconded: rhiel Cook Marr Rhoads Odom Lucas .Jordan Reynolds Mayor Coody Subject: Motion To: Motion By: Seconded: rhiel Cook Marr Rhoads Odom Lucas .Jordan Reynolds Mayor Coody City Council Meeting December 21 ,04 • Subject : Motion To: Motion By: Seconded : Thiel Cook Marr Rhoads Odom Lucas Jordan Reynolds Mayor Coody Subject: Motion To: Motion By: Seconded: Thiel Cook Marr Rhoads Odom Lucas .lordan Reynolds Mayor Coody City Council Meeting December 21 , *4 • Subject : Motion To: Motion By: Seconded: Thiel Cook Marr Rhoads Odom Lucas Jordan Reynolds Mayor Coody Subject: Motion To: Motion By: Seconded: Thiel Cook Marr Rhoads Odom Lucas Jordan ,Reynolds Mayor Coody City Council Meeting December 21 ,14 • Subject: Motion To: Motion By: Seconded : Thiel Cook Marr Rhoads Odom Lucas Jordan Reynolds Mayor Coody Subject : Motion To: Motion By: Seconded : Thiel Cook Marr Rhoads Odom Lucas Jordan Reynolds Mayor Coody Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody Tayve Ward I Position 2 - Brenda Thiel City Attomcy Kit Williams Ward 2 Position I - KylDon B. Cook Ward 2 Position 2 - Dun Man City Clak Sondra Srnith Ward 3 Position I - Robert K. Rhoads 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 December 21 , 2004 A meeting of the Fayetteville City Council will be held on December 21 , 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 Nest Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance City Council Special Resolution Recognizing the Fayetteville High School Student Council Nominating Committee Report: Board Appointments by the Mayor: Library Board: Daniel Ferritor Board of Health : Dr. Anthony Hui Dr. David Crittenden Don Moore Jim Huffman Rick Johnson A. CONSENT: 1 . Approval of the Minutes: Approval of the December 7, 2004 City Council meeting minutes. 2. Drug Interdiction Grant: A resolution authorizing the Fayetteville Police Department to apply for and accept a grant from the Arkansas Alcohol and Drug Abuse Coordinating Council in the amount of $20,000.00 to support Drug Interdiction Operations; and approving a budget adjustment recognizing the grant revenues. 113Wcst Mountam72701 (479) 521 -7700 (479) 575-8257 (Fax) access faycttevi I I c.org 3. Andrit7, Inc. Agreement: A resolution to approve an agreement with Andritz, Inc. to lock in pricing of $672, 157.00 for three belt filter presses by paying a security deposit of $333607.85. 4. TIF Bond Reimbursement: A resolution expressing the intent of the City of Fayetteville, Arkansas to reimburse certain expenditures of the City pertaining to financing, planning, acquisition and demolition in connection with the Highway 71 East Square Redevelopment District project with the proceeds of an issue or issues of tax- exempt bonds; and stating other matters pertaining thereto. 5. Crews and Associates Bond Underwriter for TIF Bonds : A resolution accepting Crews and Associates as Bond Underwriter for any Tax Increment Financing Bonds issued through December 31 , 2005. 6. Community Access Television, Inc. Contract: A resolution to approve a contract with Community Access Television, Inc. to operate the Public Access Cable Channel throughout 2005 for $93,000.00. 7. LEECO Fire Equipment Fire Apparatus Purchase: A resolution approving the purchase of one ( 1 ) Emergency One, Inc. (E-One) replacement pumper apparatus form LEECO, Inc. in the amount of 5371 ,985.00; and approving a budget adjustment in the amount of $278,985.00. 8. Meadows Enterprise, Inc. Land Swap: A resolution to approve a deed from the City of Fayetteville to Meadows Enterprises, Inc. for 1 .95 acres to swap for similar acreage to enlarge a nearby city park. B. UNFINISHED BUSINESS 1 . 2005 Proposed Annual Budget and Work Program Adoption: A resolution adopting the proposed 2005 Annual Budget and Work Program. This resolution was tabled at the November 16, 2004 City Council meeting until the December 7, 2004 City Council meeting. This resolution was tabled at the December 7, 1004 City Council meeting until the December 11, 2004 City Council meeting. C. NEW BUSINESS: 1 . Amend Title XI: Chapter 117, Article IV: Taxicabs, and Article V: Limousines: An ordinance amending Title XI : Chapter 117, Article IV: Taxicabs, and Article V: Limousines of the Code of Fayetteville. 2. Sensus Metering Systems Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of ten ( 10) hand-held touch-read . meter reading devices with communication accessories from Sensus Metering Systems for the Meter Operations Division in the amount of $41 ,062.50. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accrosfayetIe iIIe.org 0 0 3. University of Arkansas Consulting Contract : An ordinance waiving the requirements of formal competitive bidding and approving a master contract with the Board of -trustees of the University of Arkansas to provide the City of Fayetteville with specific consulting and study services. 4. ANX 04- 1222 (Doris Roberts): An ordinance annexing that property described in annexation petition ANX 04- 1222 annexing to the City of Fayetteville, Arkansas, certain property owned by Doris Faye Roberts located at the south end of Roberts Road containing approximately 47. 13 acres. 5. RZN 04- 1280 (Doris Roberts): An ordinance rezoning that property described in rezoning petition RZN 04- 1280 for property located on Roberts Road south of Highway 16 East containing approximately 47. 13 acres from R-A, Residential Agricultural to RSF- 4, Residential Single Family, four units per acre. 6. VAC 04- 1255 (Hanks): An ordinance approving VAC 04- 1255 submitted by Tim Maddox for property located on the east side of 2553 Ferguson Avenue as described on the attached map and legal description. 7. VAC 04-1279 (Pearson): An ordinance approving VAC 04- 12.79 submitted by Wyma & C.T. Pearson for an alley located at Block 3, Rosehill Addition as described on the attached map and legal description. 8. ADM 04- 1303 Amend Chapter 166.04 Street Standards: An ordinance amending Title XV: § 166.04, Unified Development Code, of the Fayetteville Code of Ordnances, to require city street standards for the subdivisions within one ( 1 ) mile of the city limits. D. PUBLIC HEARINGS: 1 . Dynasty Limousine; Certificate of Public Convenience and Necessity : A resolution granting a Certificate of Public Convenience and Necessity to Dynasty Limousine for the operation of a limousine service within the City of Fayetteville, Arkansas. E. INFORMATIONAL: Council Tour: No Tour 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accmfayctte iIlc.org Coy Cuuncd Meeting Minutes Ikcemher 7. 200.1 Pagc I of 54 Aldermen ftw Ward I Position I - RobertReynolds Mayor Dan Cnlxly Ward I Position 2 - Brenda Thiel Ward 2 Position 1 - Kyle & Cook City Attorney Kit Williams Ward 2 Position ? - Don Marr Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith revTayve Ward 3 Position 2 - Conrad Odom ARKANSAS Ward 4 Position I - Shirley Luca% Ward 4 Position 2 - Lioneld Jordan City Council Meeting Minutes December 7, 2004 A meeting of the Fayetteville City Council was held on December 7, 2004 at 6 :00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Coody called the meeting to order. PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Odom, Lucas, .Jordan, Mayor Goody, City Attorney Kit Williams, City, Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor Coody presented a plaque to Dawn Warrick, Planning Department for her nine years of- service to the City. Tim Conklin, Planning thanked Dawn for her hard work in the Planning Department . Airport Board Annual Report : Doc Wallace of the Airport Board gave the 2004 annual report on the airport . Fie introduced the current Airport Board members to the City Council . He also thanked the staff for their efforts. Mayor Coody thanked Doc Wallace for his leadership and participation on the Airport Board . Fie stated he is very pleased with the direction that Drake Field is headed. 113 West .Mountain 72701 (479) 521 -7700 (479) 575-8257 ( Fax) accessfaycucvi I Ic.org City Council Meeting Minutes December 7, 2004 Page 2 of 54 CONSENT: Approval of the Minutes: Approval of the November 16, 2004 City Council meeting minutes. Fire Safety House Purchase: A resolution awarding Bid #04-79 to Surrey Fire Safety House on the amount of $23,845.00 to provide a new fire safety house to the Fayetteville Fire Department; and approving a budget adjustment in the amount of $25,287.00 for same. Resolution 186-04 as Recorded in the Office of the City Clerk. OMI Contract Amendment No. 10: A resolution approving amendment No. 10 (A) to the contract with Operations Management International (OMI) in the amount of $ 16,416.00 to fund out-of-scope flood emergency expenses incurred during Spring 2004; and approving a budget adjustment in the amount of $ 16,416.00. Resolution 187-04 as Recorded in the Office of the City Clerk. OMI Contract Amendment No. 11 : A resolution approving amendment No. 11 to the contract with Operations Management International (OMI) in the amount of $4,484,325.00 for the operation and management of the Fayetteville Wastewater Treatment Plant for 2005 . Resolution 188-04 as Recorded in the Office of the City Clerk. Garver Engineers Contract Amendment: A resolution to approve contract amendment No. 4 with Garver Engineers, LLC for additional design, bidding and construction phase services for the Gregg Street waterline relocation in the lump sum amount of $ 121 ,500.00. Resolution 189-04 as Recorded in the Office of the City Clerk. Aspen Ridge Development Park Land Dedication Requirement: A resolution accepting the Parks and Recreation Advisory Board' s recommendation to accept approximately 1 .24 acres of land and approximately $93,425.00 Cash in Lieu of the Required Park Land Dedication (less Credit for the Developer' s cost to construct Indian Trail) for Aspen Ridge Development. Resolution 190-04 as Recorded in the Office of the City Clerk. Riggins—Stonebridge Development Park Land Dedication Requirement: A resolution accepting the Parks and Recreation Advisory Board's recommendation to accept $64,935 .00 cash in lieu of the required Park Land Dedication for Riggins-Stonebridge Development. Resolution 191-04 as Recorded in the Office of the City Clerk. Transportation Division Dump Truck Purchase: A resolution approving the purchase of one ( 1 ) 15 yard dump truck for the Transportation Division from Diamond International in the amount of $84,426.47. Resolution 192-04 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Mming Minuts ncvclntKT 7. 2004 Pagc 3 of 54 Animal Services Van Purchase. A resolution approving the purchase of one ( 1 ) Dodge Sprinter 3500 van for the Animal Services Division from the Breeden Dodge of Fort Smith in the amount of $43 ,360.00. Resolution 193-04 as Recorded in dee Office of the City Clerk. Police Pursuit Motorcycle Purchase: A resolution approving the purchase of two (2) police pursuit motorcycles from Denny' s Barley Davidson of Fort Smith in the amount of $37,700.00. Resolution 194-04 as Recorded in the Office of the City Clerk. Mid-South Sales Contract : A resolution approving a contract with Mid South Sales of' Fayetteville to provide engine oil and lubricants for the Fleet Operations Division. Resolution 195-04 as Recorded iti the Office of dee City Clerk. New World Svstems Contract : A resolution approving a contract with New World Systems in the amount of $67,700. 00 to provide CAD Mapping and Automatic Vehicle Locator ( AV1 .) Software and support to the Fayetteville Police Department. Resolution 196-04 as Recorded in dee Office of the City Clerk. Smith Communications, LLC Bid Award : A resolution awarding Bid #04-85 to Smith Communications, LLC in the amount of $ 164,361 .00 to provide 11' Mobilenet Equipment and Towcr Site Upgrade to the Fayetteville Police Department ; and approving a budget adjustment in the amount of $ 159,849.00. Resolution 197-04 as Recorded in the Office of the City Clerk. Sage House Replacement Lease: A resolution to end the current ]case of City property to Sage I louse and approve a replacement lease of' Ciiy property to Sage House. Resolution 198-04 as Recorded in the Office of the City Clerk. Seven [fills Ilomeless Center, Inc. Lease : A resolution to approve a lease of City property to Seven Hills Homeless Center, Inc. Resolution 199-04 as Recorded in the Office of the City Clerk. Solid Waste and Recycling Division Commercial Collection Vehicle Purchase: A resolution approving the purchase of three (3 ) front-load commercial collection vehicles for the Solid Waste and Recycling Division from Downing Sales and Service in the amount of $526,709.61 . Resolution 200-04 as Recorded in dee Office of dee City Clerk. AVFUF,L Corporation Contract : A resolution approving a fuel services contract with AVFUEL Corporation to provide aviation fuel , refueler trucks, and other services to the Fayetteville Municipal Airport . 113 west Mountain 72701 (479) 521 -77(X) (479) 575-5257 (Fax) access fa yet t es•i I le urg City Council Meeting Minute December 7, 2004 Page 4 of 54 Resolution 201-04 as Recorded in the Office of the City Clerk. Alderman Reynolds moved to approve the Consent Agenda as read. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. UNFINISHED BUSINESS RZN 04-1243 (Medley) : An ordinance rezoning that property described in rezoning ectition RZN 04- 1243 as submitted by Ronald Dean Medley for property located at 3507 W. 6` Street containing approximately 1 .03 acres from R-A, Residential Agricultural to C- 1 , Neighborhood Commercial . This ordinance was left on the First Reading at the November 16, 2004 City Council meeting. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Jordan: 1 would like to know why staff denied this. Dawn Warrick, Planning: Staff believed that the request which was originally to zone the property C-2 Thoroughfare Commercial was not consistent with our adopted General Plan which identifies this area as Mixed Use. We had concerns with regard to future development of the site in addition to the inconsistency with the Land Use Plan; this property has a lot of environmental obstacles. We were concerned as well about the potential maximum development under a C-2 designation. Alderman Thiel : This ordinance is C- 1 not C-2 zoning. The applicant wanted C-2 but staff recommended C- 1 therefore that is what we are deciding. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Marr seconded the motion. Upon roll call the motion passed unanimously. Mr. Williams read the ordinance. Alderman Jordan: Dawn would you tell us the difference between C- 1 and C-2 for the public please. Dawn Warrick: The intensity of uses in a C-2 zoning district is greater. C- 1 is more retail and neighborhood shopping type uses. C-2 is categorized as trades and services and it allows such things as used car lots and other more intense commercial, thoroughfare commercial. It is basically what you see up and down North College Avenue. Alderman Lucas: Is there any way for this to be zoned R-O. Dawn Warrick: The Planning Commission was concerned about a C-2 zoning district which was the original request. They did ask staff if we could support any type of designation aside from the Residential Agriculture that is the current zoning for the property. Staff was not 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I le.org City Council Maying Minulu�s lhccint r 7. 2004 Page 5 of 54 comfortable with the commercial designation . I-lowever we did state that R-O would appropriately fit within the mixed use category which is identified on the Land Use Plan and we could support an R-O designation. Alderman Lucas : Can we as a body change it to R-O or do we have to vote on it as it is. Dawn Warrick: I believe you have that ability to make an amendment to the ordinance that is in front of you. Alderman Marr: This particular area would not constitute a commercial node in the staffs opinion? Dawn Warrick: No sir. Alderman Marr: It is for that reason that I think it is inconsistent with our 2020 Plan, I don ' t think it has commercial nodes. 1 think we are creating College Avenue on Sixth Street. Therefore I am not going to support the zoning. Alderman Lucas : I feel the same way. Alderman Jordan : I agree, I think we are creating a potential North College again and I don ' t think that fits. I can' t support this either. Mayor Coody: It looks like the Council is headed against this, do you have another zoning in mind or do you want to leave it Residential Agricultural'? Alderman Jordan : I would not have a problem with it being R-O. Mayor Coody: If the rest of the Council feels like this, there should be a motion to amend this to change the zoning. Kit Williams : Yes, the City Council does have the right to not follow the advice of the Planning Commission or the request of the petitioner. You can if you want change the ordinance. Mayor Coody: The City Council may be thinking of rezoning this to R-O Residential Office. Dawn Warrick: The uses permitted by right include single family, two family dwellings and professional offices. Mayor Coody: With two family dwellings, multi family how many units per acre are allowed in R-O? Dawn Warrick: I believe the maximum is seven; I would have to double check that. Mayor Coody: I don ' t know what your plans are for this acre but it looks as if the City Council does not want to go with the full commercial use that you would like to see it developed to. Dean Medley: 1 only have one problem with this, when you have a piece of property that is isolated and this piece of property would be isolated, it is surrounded by C- I and C-2 that leaves 113 Wcst Mountain 72701 (479) 521 -7700 (479) 575-8257 (Pax) accessfayellevi Ile.org City Council Meeting Minutes December 7, 2004 Page 6 0l' 54 me R-O. If 1 understand R-O, you can live on the property and you can work out of the property. My understanding of R-O will not benefit me at all. I am having a problem understanding why, if the Planning Commission was okay with C- 1 why the City Council is not okay with C- 1 . Mayor Coody: I think the reason, that has been expressed tonight, is they do not want to see a repeat of the development on College Avenue which is basically a long commercial strip development. Our 2020 Plan has more commercial node development with buffers between commercial nodes. From what I am reading from the Council this would be contrary to that plan. Dawn am I missing something. Dawn Warrick: No sir that is correct. Mayor Coody: Is that roughly right Council? Alderman Jordan : Yes. Alderman Marr: On page 18 of 30, 1 do think there are significantly other tracts of land that are RSF-4, RMF-24, and R-O that show abutting to this property. Mayor Coody: The road frontage may be C-2. Alderman Marr: We are not talking about just rezoning the road frontage. Mayor Coody: I know but that is probably Mr. Medley' s perspective. Alderman Thiel asked exactly where the property was on the chart. She asked if the rest of the R-A property that surrounds this property will eventually come before the City Council for rezoning. Dawn Warrick responded that the property immediately west of this has been submitted to the Planning Commission for consideration. Mayor Coody: What is the zoning request on that? Dawn Warrick: C-2. Alderman Thiel: It kind of bothers me to single out this one small piece of properly and say that it is limited use. Mayor Coody: It looks to me that C-2 is also further to the west. The property adjoining to the west is C-2. Dawn Warrick: Not immediately adjoining but the next one over. There are three warehouses immediately west and then 62 Auto Salvage. Mayor Coody: This is situated between two C-2 parcels. So even though the Council might not want to see commercial development up Sixth Street whether this piece of property is rezoned R- O or left R-A, we are still going to see commercial development even beyond this piece is that right? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I I e.org - Cily Council Mccung Minute+ IXCcsntKT 7, 2004 Page 7 of 54 Dawn Warrick: There will likely be additional commercial development on Highway 62. The property that is cast of the subject tract is a property that is combined it ' s not just C-2 it incorporated a portion of this RMF-24 to the rear. We have spoken to that applicant about a Planned Zoning District. There are very strict covenants on that particular property because it was originally part of the tract that was sold when the Lowe' s project developed . Therefore I don ' t know for sure that we are going to see a standard C-2 development on the property to the east . Mr. Medley : If you look at the map half of the Advance Floor Company building is C-2, the other half is R -A. Does that mean that they can only work in part of that building as commercial and the other part has to be agricultural'? I am not trying to create a problem here. There is a problem if you don't rezone this property C- 1 or C-2 . I do not want an undesirable business on my parent 's property but I do want it to become something that can be used . If it can' t be used then it is a valueless piece of property. A discussion IbIlowed on the type of businesses that would be allowed in a C- I and C-2 zoning. Alderman Reynolds: I would not vote for C-2 but I think at this time C- I would be adequate. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 4-4. Alderman Reynolds, Thiel, Rhoads, Odom, voting yes. Alderman Cook, Marr, Lucas and Jordan voting no. Mayor Coody voted yes thus breaking the tie. Ordinance 4645 as Recorded in the Office of the City Clerk 2005 Proposed Annual Budget and Work Program Adoption : A resolution adopting the proposed 2005 Annual Budget and Work Program. This resolution was tabled at the November 16, 2004 City Council meeting until the December 7, 1004 City Council meeting. Geary Lowery a resident asked if the budget still included the $ 150,000 for the Dickson Street Partners. Kevin Springer, Budget and Research stated yes it did. Geary Lowery voiced his concern about the money that is being spent on Dickson Street. He spoke of his concerns regarding curb and gutter, sidewalks and street in the city. Jeff Erf, a resident asked about a chart that was in the budget documents in the past that shows the General Fund expenditures and revenues over the past several years. He stated that he did not see it in this year's budget. He asked if our expenditures were still exceeding revenues and if those expenditures were still increasing at a higher rate than our revenues. Kevin Springer: The graft that Jeff was referring to was not included in the 2005 proposed budget document however we did include it as part of- the mid year budget briefing that we had in August . At that time the trend was still expenditures over revenues. The recommendation was that we needed to do something to get those trends together. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accL�-sfayetteville.org City Council Meeting Minutes December 7, 2004 Page 8 of 54 Jeff Erf: I tried to figure out how much General Fund expenditures per person the city spends. I compared the year 2000 to 2005 . In 2000 the city was spending $361 per person based on population, dividing the total expenditures by the population, in 2005 that number is $474 per person. It is alarming to see it jump like that, inflation accounts for some of that. My concern is if the trend continues, it seems the more people that move here it is costing the city more to provide services. It sounds like the solution might be to raise taxes. Alderman Marr: The calculation that you did was it off of 2004 population or projected 2005 population? Jeff Erf: I used the population served for 2000 and 2005 . Alderman Marr: So your source is population served? Jeff Erf: Yes. Alderman Marr: I would like to see that source. Kevin Springer: It is on Page 179 of the main budget document. Mayor Coody: There are a lot of factors that have to be considered. Some of these things are fuel and wages that are beyond our control . Kevin Springer: We go by the Northwest Arkansas Planning Commission projections. When you look at the population served you have to look at where they served well. Did we have enough fire protection? We have added 12 fire fighters since last year and we are building a new fire station. We have been running behind for years and we are trying to catch up. Mayor Coody: That accounts for more sidewalks, street paving, curb and gutter, water and sewer lines. Kevin Springer: If you look at the city wide budget yes. If you look at the General Fund the majority of the General Fund is Public Safety, Police and Fire. Jeff Erf: I guess my point was that we are also adding people and apparently the growth isn't paying for itself. The alternate to taxes is increasing our user fees and adding impact fees. Alderman Marr: Kevin can you get us the Northwest Arkansas Regional Planning Commission population number. Alderman Thiel: 1 would like the information that Jeff just gave us, the population in 2000 versus the 2005 population cost per person served. Kevin Springer: Compare the population amounts to what was adopted in that years budget? Alderman Thiel: Yes. Alderman Marr: 1 would like to see the population number you are using. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I I e.org