HomeMy WebLinkAbout2005-07-19 - Agendas - Final Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel
City Attorney Ki[ Williams no� e
Ward 2 Position I - Kyle B. Cook
Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra Smith ;ii Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
July 19, 2005
A meeting of the Fayetteville City Council will be held on July 19, 2005 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 June 21, 2005 and July 5, 2005 City Council meeting minutes.
APPROVED.
2. McGoodwin, Williams and Yates, Inc. Contract Approval: A resolution approving a
contract with McGoodwin, Williams and Yates, Inc. in the amount of $93,800.00 to
provide professional engineering, surveying, bidding and construction observation
services for the 24" Waterline Replacement Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 139-05,
3. Parking Space Lease Agreement: A resolution approving lease agreements for twenty
six (26) parking spaces located in Fayetteville Municipal Parking Lot 1 located at 160
West Mountain Street for one ( 1 ) year with four (4) additional one-year renewal times.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 140-05.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettevi I I e.org
0 9
4. RJN Group, Inc. Contract Amendment: A resolution approving an amendment to the
contract with RJN Group, Inc. in the amount of $ 165,031 .00 for additional design and
bidding services associated with Wastewater System Improvements Project (WSIP) WL-
1 , WL-3, and WL-4.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 141-05,
5. WSIP EL-1 and EL-2 Easement Purchase: A resolution approving a lump sum
allocation in the amount of $ 189,026.00 for the purchase of easements required for
Wastewater System Improvement Projects (WSIP) FLA and EL-2; and approving a 10%
contingency in the amount or $ 18,900.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 142-05,
6. WSIP WL-5 Easement Purchase: A resolution approving a lump sum allocation in the
amount of $21 ,380.00 for the purchase of easements required for Wastewater System
Improvement Project (WSIP) WL-5 ; and approving a 10% contingency in the amount of
$2, 140.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 143-05.
7. Jack Tyler Engineering Bid Award: A resolution awarding Bid 405-50 to Jack Tyler
Engineering of Arkansas, Inc. in an amount not to exceed $ 13,350. 17 to rebuild the Flight
submersible pump at Lift Station No. 21 ; and approving a 10% Contingency in the
amount of $ 1 ,335 .00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 144-05,
8. Approval of the Purchase of One Commercial Drop Box Vehicle and the Hiring of
One Driver for Solid Waste: A resolution authorizing the hiring of one ( 1 ) full-time
employee (Driver) in the Solid Waste & Recycling Division; approving the purchase of
one ( 1 ) commercial drop-box vehicle in the amount of $ 141 ,800.00; and approving a
budget adjustment in the amount of $ 196,550.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-05,
9. RJN, Inc. Design and Bidding Services Contract Amendment: A resolution approving
an amendment to the Design and Bidding Phase Services Contract with RJN Group, Inc.
in the amount of $ 1 ,659,090.00 for construction phase inspection, engineering and
consulting services for the West Side Sewer Line Construction, Hamestring Lift Station
Construction, and the Gregg Avenue Lift Station Rehabilitation Projects (WL- 1 , WL-2,
WL-3, WL-4, WL-5, WL-6, and WL-7).
PASSED AND SHALL BE RECORDED AS RESOLUTION NO,146-05,
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
B. UNFINISHED BUSINESS:
1. Planning Commission Appeal (Dixie Development): An ordinance annexing that
property described in ANX 05- 1490 for approximately 24.35 acres located at the
northeast corner of Mount Comfort Road and Hughmount Road and zoning such property
R-A Residential Agricultural. This item was Left on the Second Reading at the June
21, 2005 City Council meeting. This item was tabled at the July 5, 2005 City Council
meeting until the July 19, 2005 City Council meeting.
THIS ITEM WAS TABLED TO THE AUGUST 2, 2005 CITY COUNCIL
MEETING.
2. RZN 05-1491 (Dixie Development): An ordinance rezoning that property described in
rezoning petition RZN 05- 1491 for approximately 24.35 acres located at the northeast
corner of Mount Comfort and Hughmount Road, from R-A, Residential-Agricultural to
RSF-4, Residential Single Family, 4 units per acre. This item was Left on the Second
Reading at the June 21, 2005 City Council meeting. This item was tabled at the July 5,
2005 City Council meeting until the July 19, 2005 City Council meeting.
THIS ITEM WAS TABLED TO THE AUGUST 2, 2005 CITY COUNCIL
MEETING.
3. ANX 05-1495 (Benton Development): An ordinance annexing that property described
in Annexation Petition ANX 05- 1495 for property located at the southwest corner of
Weir Road and Salem Road, containing 10.47 acres. This item was Left on the Second
Reading at the July 5, 2005 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4720,
4. RZN 05-1502 (Benton Development): An ordinance rezoning that property described
in Rezoning Petition RZN 05- 1502 for approximately 10.47 acres located at the
southwest corner of Weir Road and Salem Road from R-A, Residential Agricultural, to
RSF-4, Residential Single-Family, 4 Units Per Acre. This item was Left on the Second
Reading at the July 5, 2005 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4721 ,
5. RZN 05-1523 (Hartlerode): Moved to New Business # 11 .
SEE ITEM NO. 11 OF NEW BUSINESS.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettcvi I le.org
C. NEW BUSINESS:
1. Amend § 34.23 Purchases and Contracts Not In Excess of $ 10,000.00: An ordinance
to Amend § 34.23 Purchases and Contracts Not in Excess of $ 10,000.00 of the Code of
Fayetteville.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4722,
2. Amend § 34.25, City Owned Supplies, Equipment, Or Materials: An ordinance
amending § 34.25, of the Code of Fayetteville, regarding the sale of city —owned
supplies, equipment, or materials.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4723.
3. Amend Chapter 34, Internet Auctions: An ordinance amending Chapter 34 of the
Code of Fayetteville, to allow reverse internet auctions for the purchase of goods and
services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4724,
4. Water and Wastewater Maintenance Facility Furniture Purchase: A resolution
approving the purchase of 62 lockers and other furnishings for the new Water and
Wastewater Maintenance Facility form MISSCO Contract Sales, LLC in the amount of
$207,626.67; and approving a Budget Adjustment in the amount of $ 19,843 .00.
PASSED AND SHALL BE RECORDED AS RESOLUTION 147-05.
5. Unified Development Ordinance Amendments; Outdoor Lighting: An ordinance
amending Title XV, Unified Development Code, City of Fayetteville Code of
Ordinances, repealing certain sections regarding outdoor lighting installations.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4725.
6. Planning Commission Appeal (HondaPro): A request to appeal the Planning
Commission' s motion to deny rezoning request RZN 05- 1524 rezoning Lots 14, 15 and
16 of the Parker' s Plat of Valley View Acres from RSF-4, Residential Single Family, 4
Units Per Acre and R-O , Residential Office, to C-2, Thoroughfare Commercial.
THIS ITEM WAS TABLED TO THE AUGUST 2, 2005 CITY COUNCIL
MEETING.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
i •
7. Planning Commission Appeal (Rapido Rabbit Carwash): A request to appeal the
Planning Commission' s motion to deny Administrative request ADM 05- 1582 for Rapido
Rabbit Carwash located south of Wedington Drive and west of Shiloh Drive.
THIS ITEM WAS TABLED TO THE AUGUST 2, 2005 CITY COUNCIL
MEETING.
S. Amend Chapter 161, Zoning Regulations, § 161 .15 B.1 and § 161.15 B.2 : An
ordinance amending Chapter 161 , "Zoning Regulations", Section 161 . 15 13. 1 & Section
161 . 15 13.2, of the Code of Fayetteville, to remove Manufactured Home Park as a
permitted use, but to allow it as a conditional use within the R-O, Residential Office
Zoning District.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4726,
9. Amend Chapter 161 , Zoning Regulations § 161 . 17 B.1 and § 161 .18 B. 1 : An
ordinance amending Chapter 161 , "Zoning Regulations", Section 161 . 17 B. 1 & Section
161 . 18 B. 1 , of the Code of Fayetteville, to add Use Unit 25, Professional Offices as a
permitted use, in the C-2, Thoroughfare Commercial and C-3 , Central Commercial
Zoning Districts.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4727.
10. Amend Chapter 162, Use Units: An ordinance amending Chapter 162, Use Units,
Section 162.01 L.2, of the Code of Fayetteville, to add bail bonding agency to Use Unit
12 : Offices, Studios, and Related Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4728.
11 . RZN 05-1523 (Hartlerode): An ordinance rezoning that property described in Rezoning
Petition RZN 05- 1523 for approximately 0.25 acres located at 2826 South School
Avenue form RSF-4, Residential Single-Family, 4 Units Per Acre to C-2, Thoroughfare
Commercial. This item was tabled at the July 5, 2005 City Council meeting until the
July 19, 2005 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4729.
12. R-PZD 05-1463 (Oakbrooke): An ordinance establishing a residential planned zoning
district titled R-PZD 05- 1463, Oakbrooke Phase I, located west of Rupple Road and east
of Bridgeport Subdivision, containing approximately 20.9 acres, 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.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettevil le.org
13. RZN 05-1546 (Mathias): An ordinance rezoning that property described in Rezoning
Petition RZN 05- 1546 for approximately 1 .20 acres located at the northwest corner of
Highway 45 and Box Avenue from RSF-4, Residential Single Family, 4 Units Per Acre
to R-O, Residential Office.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
14. RZN 05-1564 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1564 (Mountain Ranch D,F,H,I,J) for approximately 193 .66
acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to RSF-2, Residential Single Family, 2 Units Per Acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
15, RZN 05-1563, RZN 05-1566 (Mountain Ranch): An ordinance rezoning that property
described in Rezoning Petition RZN 05- 1563 (Mountain Ranch C) and RZN 05- 1566
(Mountain Ranch G) for approximately 97.71 acres located south of Persimmon Street
and west of Shiloh Drive from R-A, Residential Agricultural to RSF-4, Residential Single
Family 4 Units Per Acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
16. RZN 05-1562 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1562 (Mountain Ranch B) for approximately 19.04 acres
located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to RMF-24, Residential Multi-Family, 24 Units Per Acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
17. RZN 05-1561 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1561 (Mountain Ranch A-2) for approximately 27.01 acres
located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to C- 1 , Neighborhood Commercial.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
18. RZN 05-1560 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1560 (Mountain Ranch A- 1 ) for approximately 14.60 acres
located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to C-2, Thoroughfare Commercial.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
19. Remediation Services Contract: An ordinance waiving the requirements of formal
competitive bidding and engaging Mid-America Environmental Solutions for the amount
of $70,000.00 to provide emergency environmental remediation services for a Ferrous
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
0 0
Chloride Discharge; approving a Budget Adjustment in the amount of $70,000.00; and
declaring an emergency.
PASSED WITH AN EMERGENCY CLAUSE AND SHALL BE RECORDED AS
ORDINANCE NO, 4730,
20. Amend § 74.05 Soliciting From Public Roadway: An ordinance to amend § 74.05
Soliciting from Public Roadways or Sidewalks Prohibited.
PASSED WITH AMENDMENTS AND AN EMERGENCY CLAUSE; AND
SHALL BE RECORDED AS ORDINANCE NO. 4731 ,
D. INFORMATIONAL:
Council Tour: July 18, 2005 — 4:30 P.M.
MEETING ADJOURNED AT 9: 15 P.M.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettev it I e.org
City Council Meeting July 19, 2005 Q
Z
Subject:
Motion To:
Motion By:
Seconded:
Rhoads v
Ferrell
Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Mayor Coody ✓
Subject:
Motion To: Iw s
Motion By: Js�daw
Seconded : �f
Rhoads vo�
Ferrell r/
Lucas i/
Jordan
t.05ReynoldsThiel
10 ' 05 Cook
Marr
Mayor Coody
City Council Meeting July 19, 2005 •
Subject: p (aA n , .� � p ! iC J t
Motion To:
Motion By:
Seconded:
Bill Rhoads
'Q A Ferrell r/
Lucas f/
Jordan r/
Reynolds r/
Thiel
n ( / Cook
Marr .
Mayor Coody
Subject: Z N os- - Iq l C �1 x e e
Motion To: TA
1 �
Motion By:
Seconded :
Rhoads
Qp Ferrell
� iAiS1�d
V Lucas
Jordan
C V Reynolds
� Thiel �
Cook
i Marr
Mayor Coody
City Council Meeting July 19, 2005 • •
Subject: ar,� s
Motion To: ' I 3V4 t a-o tel✓ l
Motion By: Q / w�/
Seconded :
3 Rhoads
0 Ferrell �/ ✓
Lucas ✓ I/
I - Jordan i/ t✓
Reynolds ✓
' 0 Thiel , ✓
Cook
Marr
Mayor Coody
Subject:
Motion To:
Motion By: dast,
Seconded:
Rhoads41, 12 EEL " t1
Ferrell
iA��peci Lucas ✓
Jordan ✓
Reynolds
/ Thiel
. � Cook ✓ ✓
C 7,11 Marr
�/ Mayor Coody
City Council Meeting July 19, 2005 • •
Subject: N 3Y 07 PUA
Motion To: U G�
Motion By:
Seconded: � ��
Rhoadskibui _
Ferrell
Lucas �/ �/ ✓
,6"m A Jordan
Reynolds r/ ✓ ✓
/ O Thiel ✓
(0 i
�/� � Cook ✓ ✓
4 / Marr Q6
Mayor Coody
Subject: 3 oC S`
Motion To: 6A" (g)L Kef
e; �
Motion By: E 2 -e
Seconded:
Rhoads r/ ✓
^ 1 Ferrell
Lucas ✓
Jordan ✓ ,/ ✓ ✓
O Reynolds ,/ ✓ ✓ ✓
Thiel �/ r/ ✓ t/
Cook �/ ✓ �/
Marr
Mayor Coody
City Council Meeting July 19, 2005 • •
Subject:
Motion To: c AGI GI t
Motion By:
Seconded :
C1 Rhoads
NkA.d Ferrell
a ' Lucas
Jordan
Reynolds r/
�] Thiel t/
1 -O Cook
y '1o2�{ Marr
I Mayor Coody
Subject: 24 L
Motion To:
Motion By: C O &-IL
Seconded : cedar
i Rhoads coe�
Ferrell Al
Lucas �
Jordan t/
Reynolds
Thiel r/
Cook
Marr
Mayor Coody
City Council Meeting July 19, 2005 • •
Subject: U c) b (/l`i ttp
I
Motion To: �` / , _ Q
(jL.�
Motion By:
Seconded :
C 5 , Rhoads ✓ ✓ ✓
Ferrell �/ ✓
N Lucas
Jordan ✓ �/
Reynolds
Thiel �' ✓ v
Cook ✓ ✓
/� 7p Marr
Mayor Coody
Subject: IJ/(( Il fl I
Motion To:
Motion By: 9-cm c&
Seconded: A 0-e-l�`��
Rhoads L/
Ferrell poo�
Lucas
Jordan ✓
Q Reynolds
I
Thiel
Cook
n„ Marr
W S Mayor Coody
City Council Meeting July 19, 2005 • •
Subject: �l� n i
Motion To:
/WET r
Motion By:
Seconded :
C r� Rhoads
Ferrell
K": r/
Al wLucas
Jordan r�
Reynolds ✓
Thiel t/
Cook
Marr �! f
a Mayor Coody
07
t�
Subject: A IJ PIA
Motion To: p `/�✓� �+
Motion By:
Seconded: JLVI
Rhoads r,/ ✓
Nked Ferrell J ,✓
p _ •;� Lucas v
�A� JordanpAAI
Reynolds r/ ✓ r/
Thiel ✓ /
Cook
O� Marr 694
Mayor Coody
710
City Council Meeting July 19, 2005
Subject: a\,,A //4 , ZOni �e obi / �O 17 8118
'*—�Y
Motion To: q, " 3 •/ A01• le
Motion By:
Seconded:
(1 q . Rhoads r/
Ferrell ✓ r/ 10�
Lucas ✓
Jordan L/ ✓ �/
Reynolds ✓ �/
Thiel ✓ � r/
Cook
Marr
Mayor Coody
Subject:
Motion To:
Motion By: O-,
Ovx
Seconded:
Rhoads ✓ ✓
Ferrell v t/
NLucasTAA I ✓
Jordan
Reynolds ✓
thiel
Cook
L/ 7C;L� Marr
Mayor Coody
7 ' 0
City Council Meeting July 19, 2005 • •
Subject: 4RZ AJ I�
Motion To: 4-o a �J
e -
Motion By:
Seconded:_
Rhoads ✓ r/ J
Ferrell ✓ �/ ✓ t/
N Lucas
Jordan ✓ ,/ J tj
Q Reynolds �/ ✓ r/
Thiel
`gyp Cook
Marr
Mayor Coody
r,��7 - D - � 7 - v
7 (�
Subject: � - f z o
Dd�
Motion To:
Motion By:
Seconded:
n Rhoads
(, 1• l Ferrell
Lucas
1�PSy
Jordan
I , Reynolds
Thiel
Cook / O
� vu ' Marr u %oSe Sru� Ci O f
FU'd � I Mayor Coody
City Council Meeting July 19, 2005 • •
Subject:
Motion To:
Motion By:
Seconded:
C ( 3 Rhoads
N��J Ferrell
Lucas
Jordan L/
Reynolds
Thiel
1 Cook n✓
via(
Marr
1� u Mayor Coody
Subject: Z N
Motion To: - u
Motion By:
Seconded :
L
Rhoads
Ferrell /
Lucas r/
Q Jordan
0t 'n j�f Reynolds
Thiel
Cook ✓ /I ^ �
e � 1 Marr Set,+ I C,dSa. f t�AjSQy} �Cc.J
(41k( ffl Mayor Coody
City Council Meeting July 19, 2005 • •
Subject: Z �J as - ist, 3 �Rz /V
Motion To: rti
Motion By:
Seconded :
l . IS • Rhoads
NFerrell
Lucas
Jordan
Reynolds
f^' Thiel ✓
ook
Marr
Mayor Coody
Subject: 2 Znl � s � S— &
Motion To:
Motion By:
Seconded :
I, Rhoads
Ferrell
A `ceAJ Lucas
i
r� Jordan �
Reynolds
0�
aa �j Thiel i/
U l -�".",," ' Cook
PLjk y�/ Marr
V Mayor Coody
City Council Meeting July 19, 2005 • •
Subject: � teC-
Motion To: ak 0(
Motion By:
Seconded: Q�
/1 n Rhoads
Ferrell
.tM•' Lucas
Com '
Jordan
Reynolds t/
Thiel
Cook �
Marr
P C1 ` 1 Mayor Coody
Subject: Z N
Motion To: pZ nd
Motion By: dam_
Seconded :
a I S Rhoads
1 Ferrell
NLucas
Jordan
A CY� Reynolds
Thiel
Cook f
! M„ Marr
r Mayor Coody
City Council Meeting July 19, 2005 • •
Subject: 11 Q'• �-u dC i � �. /J Eyp 0 e�
Motion To:
Motion By:
Seconded:
Cn Rhoads
61
� 11 Ferrell
IvJ Lucas
W "� Jordan �/ ✓ r/
Reynolds ✓ �/ ,j
ww4�, Thiel ✓ r/ , ✓
Cook ,, /� / _ [✓ A� �/
/111l , , , e . Marr
l.C7�?^ 0 Mayor Coody
Subject: S6110 '14
Motion To: a dl u 0
Motion By:
Seconded:
Rhoads
Ferrell
Lucas
�Ik dy
+ Jordan ✓
n Reynolds
,��,", ll Thiel r/
� C Cook
L / 31 Marr
Mayor Coody
City Council Meeting July 19, 2005 •
Subject: C 14 , DS d 0 ( i G e ePtd , t,
Motion To: a6N
Motion By:
Seconded :
C � Rhoads
,
MLLi Ferrell
' ) Lucas ✓
4G4iA��^ Jordan
Reynolds ✓
Thiel ✓
Cook
Q I Marr
Mayor Coody
Subject: 1 `I . OS 0 1 C i �WU IiCl
Motion To:
Motion By:
Seconded: Ill r � �Y
e �n Rhoads ✓
I V Ferrell ✓ ✓ ✓
I Lucas
Al
Jordan ✓ t✓ ✓
Reynolds ✓ ✓ v/ ✓
Thiel ✓ ✓
Cook ✓ ✓ Al
Marr (J pSy � 1I IMIM, IleLy I OJSA�4f
73 1
Mayor Coody
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Ci Attorney Kit Williams Taye
Ward 2 Position 1 - Kyle B. Cook
IY Y Ward 2 Position 2 - Don Marr
Ward 3 Position I - Roben K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
July 19, 2005
A meeting of the Fayetteville City Council will be held on July 19, 2005 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 June 21 , 2005 and July 5, 2005 City Council meeting minutes.
2. McGoodwin, Williams and Yates, Inc. Contract Approval: A resolution approving a
contract with McGoodwin, Williams and Yates, Inc. in the amount of $93,800.00 to
provide professional engineering, surveying, bidding and construction observation
services for the 24" Waterline Replacement Project.
3. Parking Space Lease Agreement: A resolution approving lease agreements for twenty
six (26) parking spaces located in Fayetteville Municipal Parking Lot I located at 160
West Mountain Street for one ( 1 ) year with four (4) additional one-year renewal times.
4. RJN Group, Inc. Contract Amendment: A resolution approving an amendment to the
contract with RJN Group, Inc. in the amount of $ 165,031 .00 for additional design and
bidding services associated with Wastewater System Improvements Project (WSIP) WL-
1 , WL-3, and WL-4.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayettev i l l e.org
5. WSIP EL-1 and EL-2 Easement Purchase: A resolution approving a lump sum
allocation in the amount of $ 189,026.00 for the purchase of easements required for
Wastewater System Improvement Projects (WSIP) EL- I and EL-2; and approving a 10%
contingency in the amount or $ 18,900.00.
6. WSIP WL-5 Easement Purchase: A resolution approving a lump sum allocation in the
amount of $21 ,380.00 for the purchase of easements required for Wastewater System
Improvement Project (WSIP) WL-5; and approving a 10% contingency in the amount of
$2, 140.00.
7. Jack Tyler Engineering Bid Award: A resolution awarding Bid #05-50 to Jack Tyler
Engineering of Arkansas, Inc. in an amount not to exceed $ 13,350. 17 to rebuild the Flight
submersible pump at Lift Station No. 21 ; and approving a 10% Contingency in the
amount of $ 1 ,335.00.
8. Approval of the Purchase of One Commercial Drop Box Vehicle and the Hiring of
One Driver for Solid Waste: A resolution authorizing the hiring of one ( 1 ) full-time
employee (Driver) in the Solid Waste & Recycling Division; approving the purchase of
one ( 1 ) commercial drop-box vehicle in the amount of $ 141 ,800.00; and approving a
budget adjustment in the amount of $ 196,550.00.
9. RJN, Inc. Design and Bidding Services Contract Amendment: A resolution approving
an amendment to the Design and Bidding Phase Services Contract with RJN Group, Inc.
in the amount of $ 1 ,659,090.00 for construction phase inspection, engineering and
consulting services for the West Side Sewer Line Construction, Hamestring Lift Station
Construction, and the Gregg Avenue Lift Station Rehabilitation Projects (WL- 1 , WL-2,
WL-3, WL-4, WL-5, WL-6, and WL-7).
B. UNFINISHED BUSINESS:
1 . Planning Commission Appeal (Dixie Development): An ordinance annexing that
property described in ANX 05-1490 for approximately 24.35 acres located at the
northeast comer of Mount Comfort Road and Hughmount Road and zoning such property
R-A Residential Agricultural. This item was Left on the Second Reading at the June
21, 2005 City Council meeting. This item was tabled at the July 5, 2005 City Council
meeting until the July 19, 2005 City Council meeting.
2. RZN 05-1491 (Dixie Development): An ordinance rezoning that property described in
rezoning petition RZN 05- 1491 for approximately 24.35 acres located at the northeast
corner of Mount Comfort and Hughmount Road, from R-A, Residential-Agricultural to
RSF-4, Residential Single Family, 4 units per acre. This item was Left on the Second
Reading at the June 21, 2005 City Council meeting. This item was tabled at the July 5,
2005 City Council meeting until the July 19, 2005 City Council meeting.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayeltevi I le.org
3. ANX 05-1495 (Benton Development): An ordinance annexing that property described
in Annexation Petition ANX 05- 1495 for property located at the southwest comer of
Weir Road and Salem Road, containing 10.47 acres. This item was Left on the Second
Reading at the July 5, 2005 City Council meeting.
4. RZN 05- 1502 (Benton Development): An ordinance rezoning that property described
in Rezoning Petition RZN 05- 1502 for approximately 10.47 acres located at the
southwest corner of Weir Road and Salem Road from R-A, Residential Agricultural, to
RSF-4, Residential Single-Family, 4 Units Per Acre. This item was Left on the Second
Reading at the July 5, 2005 City Council meeting.
5. RZN 05-1523 (Hartlerode): Moved to New Business # 11 .
C. NEW BUSINESS:
1 . Amend § 34.23 Purchases and Contracts Not In Excess of $ 10,000.00: An ordinance
to Amend § 34.23 Purchases and Contracts Not in Excess of $ 10,000.00 of the Code of
Fayetteville.
2. Amend § 34.25, City Owned Supplies, Equipment, Or Materials: An ordinance
amending § 3425, of the Code of Fayetteville, regarding the sale of city —owned
supplies, equipment, or materials.
3. Amend Chapter 34, Internet Auctions: An ordinance amending Chapter 34 of the
Code of Fayetteville, to allow reverse intemet auctions for the purchase of goods and
services.
4. Water and Wastewater Maintenance Facility Furniture Purchase: A resolution
approving the purchase of 62 lockers and other furnishings for the new Water and
Wastewater Maintenance Facility form MISSCO Contract Sales, LLC in the amount of
$207,626.67; and approving a Budget Adjustment in the amount of $ 19,843.00.
5. Unified Development Ordinance Amendments; Outdoor Lighting: An ordinance
amending Title XV, Unified Development Code, City of Fayetteville Code of
Ordinances, repealing certain sections regarding outdoor lighting installations.
6. Planning Commission Appeal (HondaPro): A request to appeal the Planning
Commission' s motion to deny rezoning request RZN 05- 1524 rezoning Lots 14, 15 and
16 of the Parkers Plat of Valley View Acres from RSF-4, Residential Single Family, 4
Units Per Acre and R-O , Residential Office, to C-2, Thoroughfare Commercial.
7. Planning Commission Appeal (Rapido Rabbit Carwash): A request to appeal the
Planning Commission ' s motion to deny Administrative request ADM 05- 1582 for Rapido
Rabbit Carwash located south of Wedington Drive and west of Shiloh Drive.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfavettev i I le.org
i •
8. Amend Chapter 161 , Zoning Regulations, § 161 . 15 B. 1 and § 161 . 15 B.2 An
ordinance amending Chapter 161 , "Zoning Regulations", Section 161 . 15 B. 1 & Section
161 . 15 B.2, of the Code of Fayetteville, to remove Manufactured Home Park as a
permitted use, but to allow it as a conditional use within the R-O, Residential Office
Zoning District.
9. Amend Chapter 161 , Zoning Regulations § 161 .17 B.1 and § 161 .18 B.1 : An
ordinance amending Chapter 161 , "Zoning Regulations", Section 161 . 17 B. 1 & Section
161 . 18 B. 1 , of the Code of Fayetteville, to add Use Unit 25, Professional Offices as a
permitted use, in the C-2, Thoroughfare Commercial and C-3 , Central Commercial
Zoning Districts.
10. Amend Chapter 162, Use Units: An ordinance amending Chapter 162, Use Units,
Section 162.01 L.2, of the Code of Fayetteville, to add bail bonding agency to Use Unit
12: Offices, Studios, and Related Services.
11 . RZN 05-1523 (Hartlerode): An ordinance rezoning that property described in Rezoning
Petition RZN 05- 1523 for approximately 0.25 acres located at 2826 South School
Avenue form RSF-4, Residential Single-Family, 4 Units Per Acre to C-2, Thoroughfare
Commercial. This item was tabled at the July 5, 2005 City Council meeting until the
July 19, 2005 City Council meeting.
12. R-PZD 05-1463 (Oakbrooke): An ordinance establishing a residential planned zoning
district titled R-PZD 05- 1463, Oakbrooke Phase 1, located west of Rupple Road and east
of Bridgeport Subdivision, containing approximately 20.9 acres, amending the Official
Zoning Map of the City of Fayetteville; and adopting the associated Residential
Development Plan as approved by the Planning Commission.
13. RZN 05-1546 (Mathias): An ordinance rezoning that property described in Rezoning
Petition RZN 05- 1546 for approximately 1 .20 acres located at the northwest comer of
Highway 45 and Box Avenue from RSF-4, Residential Single Family, 4 Units Per Acre
to R-O, Residential Office.
14. RZN 05-1564 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1564 (Mountain Ranch D,F,H.1,J) for approximately 193.66
acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to RSF-2, Residential Single Family, 2 Units Per Acre.
15. RZN 05-1563, RZN 05-1566 (Mountain Ranch): An ordinance rezoning that property
described in Rezoning Petition RZN 05- 1563 (Mountain Ranch C) and RZN 05- 1566
(Mountain Ranch G) for approximately 97.71 acres located south of Persimmon Street
and west of Shiloh Drive from R-A, Residential Agricultural to RSF-4, Residential Single
Family 4 Units Per Acre.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettev i I I e.org
16. RZN 05-1562 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1562 (Mountain Ranch B) for approximately 19.04 acres
located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to RMF-24, Residential Multi-Family, 24 Units Per Acre.
17. RZN 05-1561 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1561 (Mountain Ranch A-2) for approximately 27.01 acres
located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to C- 1 , Neighborhood Commercial .
18. RZN 05-1560 (Mountain Ranch): An ordinance rezoning that property described in
Rezoning Petition RZN 05- 1560 (Mountain Ranch A- 1 ) for approximately 14.60 acres
located south of Persimmon Street and west of Shiloh Drive from R-A, Residential
Agricultural to C-2, Thoroughfare Commercial.
19. Remediation Services Contract: An ordinance waiving the requirements of formal
competitive bidding and engaging Mid-America Environmental Solutions for the amount
of $70,000.00 to provide emergency environmental remediation services for a Ferrous
Chloride Discharge; approving a Budget Adjustment in the amount of $70,000.00; and
declaring an emergency.
20. Amend § 74.05 Soliciting From Public Roadway: An ordinance to amend § 74.05
Soliciting from Public Roadways or Sidewalks Prohibited.
D. INFORMATIONAL:
Council Tour: July 18, 2005 — 4:30 P.M.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfavetteviI Ie.ore
City Council Meeting Minutes
June 21 , 2005
Page I of 30
Aldermen
Ward 1 Position I - Robert Reynolds
Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
City y Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra SmithFaye llle Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City of Fayetteville Arkansas
City Council
Meeting Minutes
June 21 , 2005
A meeting of the Fayetteville City Council was held on June 21 , 2005 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 Thiel, Cook, Rhoads, Ferrell, Jordan, Mayor Dan Coody, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Reynolds, Marr and Lucas
Pledge of Allegiance
Alderman Cook moved to suspend the rules and add the Nominating Committee Report to
the agenda. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-0.
(Mayor Coody voted due to it taking 6 votes to suspend the rules.) Alderman Reynolds,
Marr and Lucas were absent.
Alderman Cook gave the Nominating Committee Report. A copy of the report is attached.
Alderman Jordan moved to approve the Nominating Committee Report. Alderman Thiel
seconded the motion. Upon roll call the motion passed 5-0. Alderman Reynolds, Marr and
Lucas were absent.
CONSENT:
Approval of the June 7, 2005 City Council meeting minutes.
Wilson Estes Contract for a Space Needs Study: A resolution approving a contract in the
amount of $48,625 .00 with Wilson Estes Police Architects for a space needs study for future
utilization of five (5) city owned buildings; approving a 5% contingency in the amount of
$2,431 .00; and approving $3 ,226.00 in reimbursable expenses.
113 West Mountain 72701 (479) 521 -7700 (479) 575-5257 (Fax)
access fayettevi I I e.org
City Council Meeting Minutes
June 21 , 2005
Page 2 of 30
Resolution 111-05 as Recorded in the Office of the City Clerk.
1 Nation Technology Contract for a Telecommunications System: A resolution awarding
Bid #05-38 to 1 Nation Technology in the amount of $ 14,479.60 for the purchase of a Norstar
Telecommunications System for the new Water & Sewer Operations Center; and approving a
contingency in the amount of $ 1 ,328.40.
Resolution 112-05 as Recorded in the Office of the City Clerk.
2005 Justice Assistance Grant: A resolution to approve the application and accept an award of
the 2005 Justice Assistance Grant in the amount of $41 ,373 .00 for the Fayetteville Police
Department; $26, 175.00 for the Springdale Police Department and $ 16,887.00 for the
Washington County Sheriff's Department and to approve a budget adjustment for those amounts.
Resolution 113-05 as Recorded in the Office of the City Clerk.
New Holland Loader Purchase: A resolution approving the purchase of a Model LW130B
New Holland Articulated Loader with attachments in the amount of $ 120,255.00 from Williams
Tractor, Inc. for use by the Solid Waste & Recycling Division; and approving a budget
adjustment in the amount of $37,661 .00.
Resolution 114-05 as Recorded in the Office of the City Clerk.
Staffing for Adequate Fire & Emergency Response Grant: A resolution authorizing the
Fayetteville Fire Department to apply for a Staffing for Adequate Fire and Emergency Response
(Safer) Grant for $ 1 ,800,000.00 to offset the cost of future staffing increases.
Resolution 115-05 as Recorded in the Office of the City Clerk.
Van
Asche Boulevard Engineering Contract: A resolution awarding a contract in the amount
of $225,200.00 to Garver Engineers for engineering, surveying and bidding services for the Van
Asche Boulevard Extension Project.
Resolution 116-05 as Recorded in the Office of the City Clerk.
Woolsey Aviation, DBA, Contract: A resolution approving a contract with Woolsey Aviation,
d/b/a Million Air Fayetteville to provide aviation fueling and other services at the Fayetteville
Municipal Airport; and approving a budget adjustment in the amount of $24,000.00.
Resolution 117-05 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda. Alderman Ferrell seconded the
motion. Upon roll call the motion passed 5-0. Alderman Reynolds, Marr and Lucas were
absent.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
nvvPSSFAVPItevilIe nr0
City Council Meeting Minutes
June 21 , 2005
Page 3 0l' 30
UNFINISHED BUSINESS :
Adopt Chapter 176, Outdoor Lighting: An ordinance amending Title XV: Unified
Development Code, of the Code of Fayetteville, to provide for the regulation of outdoor lighting
installations. This Ordinance was Left on the First Reading at the June 7, 2005 City Council
meeting.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed 6-0. (Mayor Coody voted
due to it taking 6 votes to suspend the rules.) Alderman Reynolds, Marr and Lucas were
absent.
Mr. Williams read the ordinance.
Tim Conklin, Planning and Program Development Director: At your agenda session, staff
did hand out a revised exhibit B and a revised exhibit A. Staff is recommending you replace
exhibit A and exhibit B in the ordinance. We changed the definition of shielding. The original
definition talked about how light was being emitted from the fixture. The new definition talks
about the design of the fixture being a fixture that has a 100% opaque top and sides and the
location of the bulb or lamp inside the fixture is above the horizontal plane, the bottom of the
fixture. That' s the main difference in the definition. We removed all references to disabling
glare that were talked about at the last City Council meeting. We clarified the landscape lighting
to an incandescent light bulb of 150 watts or lower. We exempted street lights in the ordinance
because there is an issue with utility companies and their ability to provide a type of fixture that
would meet the current definition for shielding, without the developer having to maintain the
electric lines, meter the electricity to those lights, and maintain the pole and fixture. Under state
law, they're required to go to the Public Service Commission in January, 2006. We will wait
until they have fixtures that comply with the state law and then bring something back before the
City Council. There was a discussion with regard to sports field lighting and exempting that.
Staff did write additional language and an ordinance that addresses sports field lighting.
Basically, it will need to comply with IESA sports field lighting; it's a technical document on
how to illuminate sports fields. It talks about trying to minimize light spill or trespass from
sports field lighting on to adjacent residential property. We're trying to create an ordinance
that' s easy to administer in the city. We're trying to avoid having to purchase light meters and
evaluate how bright the light is in different planes coming outside of the fixture. The new
definition of shielding will solve 95% of the issues we have with improperly installed outdoor
lighting.
John Nooncaster, a citizen : Under .04 B, there's a comment that says showing the angle of
light emission is part of the .ixture requirements. If we' re not going to include above the 90
degree, is that something that should be required of the ordinance, to show the angle of light
emission?
Tim Conklin : Since we are not going to be measuring the light emission or angle, it probably is
not necessary in the current ordinances. We could strike the last part of that sentence, "showing
the angle of light emission," in section three. We still need to get the photometric data from the
manufacturer so we can tell what type of light fixture would be beneficial.
John Nooncaster: The Mayor also discussed some of the concerns he had about some fixtures
around town that had sag lenses underneath the fixture. If you look under .05 B, it says that the
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetleville.org
City Council Meeting Minutes .
June 21 , 2005
Page 4 of 30
hood or shield shall mask the horizontal surface of the light source. Is that requiring a horizontal
surface underneath the light source so therefore fixtures with sag lenses would not be permitted?
Tim Conklin: The intent of the definition of shielding talks only about the fixture and not about
the actual lens, so if the bulb or lamp is within the fully opaque or shielded top and sides, you
should have a sag lens.
Mayor Coody: We mentioned the Lander' s lighting. I think that bulb is down in the sag of the
lens, and that generates the glare problem there. Is that right?
Tim Conklin : That does generate a lot of the issues with the light shining up. However, the
lenses will not project light directly down to the ground either. However, staff feels like if we
have a fixture designed with a solid opaque top and sides and the bulb is up within that fixture
that will solve most of the issues we have within this community.
John Nooneaster: I just wanted to bring it to the Council ' s attention that the sag lenses would
still be able to be used under this ordinance. 1 appreciate staff s work on this.
Mayor Coody: Yes. Thanks for your input. You have been very helpful.
Virgil Neuroth, Fayetteville Chamber of Commerce: I want to again compliment the staff and
the patience of the alderman with the number of years that have been put in to this ordinance.
It' s our belief that this is a very workable ordinance. It will, in the future, eliminate a lot of the
issues that we' ve talked about being problems in the past. It will be workable with the public
utility companies, with the city' s lighting needs, and with the construction and developer's
lighting needs. We support this with the changes and do not see any problem with the changes
that have been added tonight.
Alderman Jordan moved to amend the ordinance. Alderman Thiel seconded the motion.
Upon roll call the motion to amend passed 5-0. Alderman Reynolds, Marr and Lucas were
absent.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded the motion. Upon roll call the motion passed 6-0. (Mayor Coody
voted due to it taking 6 votes to suspend the rules.) Alderman Reynolds, Marr and Lucas
were absent.
Mr. Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 5-0.
Alderman Reynolds, Marr and Lucas were absent.
Ordinance 4714 as Recorded in the Office of the City Clerk
PZD Ordinance Amendment: An ordinance amending Sections 166.06 Planned Zoning
Districts (PZD), and sections 161 .25 (C), (D) and (E) Planned Zoning District, Title XV of The
Unified Development Code, Fayetteville Code of Ordinances, to allow Master Development
Plans to be submitted as an option without submitting a subdivision or large scale development
and clarifying other requirements, conditional uses, and development standards planned zoning
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
aoeessfavetteville_ory