HomeMy WebLinkAbout2005-10-04 - Agendas - Final Aldermen
Ward 1 Position I - Robert Reynolds
Mayor Dan Coody Taye
Ward I Position 2 - Brenda Thiel
City Attorney Kit Williams ] Ward 2 Position I - Kyle B. Cook
vf( Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondm Smith Ward 3 Position 2 — Robert Ferrell
A R K A N S Ile AS Ward 4 Position 1 - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
i
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 4, 2005
A meeting of the Fayetteville City Council will be held on October 4, 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
Introduction of the 2005 Citizen's Police Academy Graduates
A. CONSENT:
1. Approval of the August 25, 2005 Special City Council meeting minutes and the
September 6, 2005 City Council meeting minutes.
APPROVED
2. Arkansas Parks & Tourism Grant — Botanical Gardens: A resolution authorizing the
Mayor to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in the
amount of $250,000.00 for the construction of Phase IA of the Botanical Gardens.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 198-05,
3. State and Tribal Assistance Grant (STAG) — Sanitary Sewer System Improvements:
A resolution authorizing the Mayor to apply for and accept a State and Tribal Assistance
Grant (STAG) from the U. S. Environmental Protection Agency for Sanitary Sewer
System Improvements; designating the Mayor as the City's authorized representative in
all matters relating to the procurement and administration of said grant; and approving a
budget adjustment recognizing $481 ,200.00 in Grant Revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 199-05,
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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• •
4. South Fayetteville Community Development Corporation - Waiving of Fees: A
resolution to waive the Building Permit Fee and other developmental fees for South
Fayetteville Community Development Corporation.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 200-05,
B. UNFINISHED BUSINESS:
1. ANX 05-1488 (Collins/Kinghorn, 533/534): An ordinance annexing that property
described in annexation petition ANX 05- 1488 for property located at 6102 and 6110
Lake Sequoyah Drive, containing 17.33 acres. This ordinance was left on the First
Reading at the September 20, 2005 City Council meeting.
THIS ITEM WAS TABLED INDEFINITELY.
2. Planning Commission Appeal: Collins/Kinghorn Rezoning: An ordinance rezoning
that property described in rezoning petition RZN 05- 1489 for approximately 17.64 acres
located at 6102 and 6110 Lake Sequoyah Drive from R-A, Residential Agricultural, to
RSF-4, Residential Single Family, 4 units per acre. This ordinance was left on the First
Reading ai the September 20, 2005 City Council meeting.
THIS ITEM WAS TABLED INDEFINITELY.
3, C-PZD 05-1670 (Pratt Place Inn, 481): An ordinance establishing a Commercial
Planned Zoning District titled C-PZD 05- 1670, Pratt Place Inn, located at the west end of
Markham Road, containing approximately 72 acres, more or less; amending the official
zoning map of the City of Fayetteville; and adopting the Associated Master Development
Plan. This ordinance was left on the First Reading at the September 20, 2005 City
Council meeting.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
4. R-PZD 05-1636 (Wellspring): An ordinance establishing a Residential Planned Zoning
District titled R-PZD 05- 1636, Wellspring, located at Rupple Road and Highway 16,
containing approximately 152 acres, more or less: amending the official zoning map of
the City of Fayetteville; and adopting the Associated Master Development Plan. This
ordinance was left on the First Reading at the September 20, 2005 City Council
meeting.
THIS ITEM WAS TABLED TO THE OCTOBER 18, 2005 CITY COUNCIL
MEETING.
C. NEW BUSINESS:
1. Re Approval of Resolution # 188-05: This item was approved at the September 20, 2005 City
Council meeting but the amount in the resolution that was to be paid to Landers Ford was
incorrect.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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William's Tractor L'95B Backhoe and Landers Ford F550 41 resolution authorizing the
purchase of one ( 1 ) Skid Steer Loader and one ( 1 ) LB75B Backhoe from William's Tractor in the
amount of $77, 192.41 ; and the purchase of one ( 1 ) F550 4x4 Cab and Chassis with Dump Body
from Landers Ford in the amount of $38,243 .00 for use at the Fayetteville Municipal Airport; and
approving a budget adjustment in the amount of $ 115,435 .00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 201-05,
2. VAC 05-1689 (JDM Investments): An ordinance approving VAC 05- 1689 submitted
by Roger Trotter for property located between 2716 and 2728 North Candlewood Drive,
vacating a right of way as indicated on the attached map and legal description.
This item was moved from New Business #13 to #2 at the October 4, 2005 City Council
Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4767,
3. Sales and Use Tax Refunding and Capital Improvement Bonds, Series 2005A —
Wastewater Treatment: An ordinance authorizing the issuance and sale of the City's
not to exceed (1 ) $27,000,000 of Sales and Use Tax Refunding and Capital Improvement
Bonds, Series 2005A, and (2) $65,000,000 of Sales and Use Tax Capital Improvement
Bonds, Series 2005B, for the purpose of Refunding the City's outstanding Sales and Use
Tax Capital Improvement Bonds, Series 2004, and financing a portion of the cost of
improvements to the City' s Wastewater Treatment Sewerage and related facilities;
authorizing the execution and delivery of a Trust Indenture pursuant to which the Series
2005 Bonds will be issued and secured; authorizing the execution and delivery of an
Official Statement pursuant to which the Series 2005 Bonds will be offered; authorizing
the execution and delivery of a Bond Purchase Agreement providing for the sale of the
Series 2005 Bonds; authorizing the execution and delivery of a Continuing Disclosure
Agreement; authorizing the execution and delivery of an Escrow Deposit Agreement
providing for the Defeasance and Redemption of the Series 2004 Bonds; and prescribing
other matters relating thereto.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4768,
4. EPA and Audubon Arkansas Cost Share: An ordinance waiving the requirements of
formal competitive bidding and approving a cost share in the amount of $25,000.00 with
the U.S. Environmental Protection Agency (EPA) and Audubon Arkansas to fund the
collection of Water Quality Data along College Branch in the City of Fayetteville to
assist staff with storm water ordinance revisions in compliance with Federal MS4 Storm
Water Regulations.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4769,
5. Fayetteville Municipal Property Owners' Improvement District #9 — Biella: An
ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement
District No. 9 — Biella.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4770,
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
6. Southwestern Be1•Telephone Service Agreement: An ordinance waiving the
requirements of formal competitive bidding and approving a five-year renewal of the
service agreement with Southwestern Bell Telephone, L.P. in the amount of $69,000.00
to provide Plexar Custom Telecommunications Service.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4771,
7. Fayetteville Depot, LLC Lease Agreement: A resolution approving a lease agreement
with Fayetteville Depot, LLC for property located at the northwest corner of Dickson
Street and West Avenue to provide parking enforcement and revenue collection services
for a proposed parking lot.
THIS ITEM WAS TABLED TO THE OCTOBER 18, 2005 CITY COUNCIL
MEETING.
8. Associated Time & Parking Controls, Inc.: An ordinance waiving the requirements of
formal competitive bidding and approving the purchase of Parking Revenue Collection
Equipment from Associated Time and Parking Controls, Inc. in the amount of
$46,805 . 10; approving a 10% contingency in the amount of $4,408.50; and approving a
budget adjustment in the amount of $51 ,213 .60.
THIS ITEM WAS TABLED TO THE OCTOBER 18, 2005 CITY COUNCIL
MEETING.
9. Parking Management Division Position: A resolution authorizing the addition of one
(1 ) full-time position in the Parking Management Division; and approving a budget
adjustment in the amount of $3 ,282.00.
THIS ITEM WAS TABLED TO THE OCTOBER 18, 2005 CITY COUNCIL
MEETING.
10. RZN-05-1687 (Hopmann): An ordinance rezoning that property described in rezoning
petition RZN 05- 1687 for approximately 0. 18 acres located at 935 North College Avenue
from R-O Residential-Office to C- 1 , Neighborhood Commercial.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
11 . RZN-05-1688 (JDM Investments): An ordinance rezoning that property described in
rezoning petition RZN 05- 1688 for approximately 6.34 acres located at 2806 Crossover,
north boundary of Candle Wood Subdivision from R-A Residential-Agricultural to RSF-
4, Residential Single Family, 4 units per acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4772,
12. RZN-05-1711 (Mathias): An ordinance rezoning that property described in rezoning
petition RZN 05- 1711 for approximately 1 .25 acres located at Highway 62 West from R-
A, Residential-Agricultural to C- 1 , Neighborhood Commercial.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4773,
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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13. VAC 05-1632 (EasTSquare Development): An ordinance approving VAC 05- 1632
submitted by Bob Kohler for an alley located on the City Block between East Avenue
and College Avenue and Center Street and Mountain Street, as indicated on the attached
map and legal description.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4774,
14. VAC 05-1686 (Schultz): An ordinance approving VAC 05- 1686 submitted by N. Arthur
Scott for property located at 1921 South Vale Avenue, vacating a portion of the right of
way as indicated on the attached map and legal description.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4775,
15. R-PZD 05-1543 (Vantage Center): An ordinance establishing a Residential Planned
Zoning District titled R-PZD 05- 1543, Vantage Center, located at the end of Shepard
Lane adjacent to Frontage Road, containing approximately 4.7 acres, more or less;
amending the official zoning map of the City of Fayetteville; and adopting the Associated
Master Development Plan.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4776,
16. Amend Title XI: Chapter 117, Article IV: Taxicabs: An ordinance amending Title XI:
Chapter 117, Article IV: Taxicabs, of the Code of Fayetteville to provide a Rate Structure
and Zone Map for the City of Fayetteville Taxi Coupon Program.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4777,
17. 2005 Millage Levy: An ordinance levying a tax on the Real and Personal Property
within the City of Fayetteville, Arkansas, for the year 2005 fixing the rate thereof at 2.0
mils for General Fund — Operations, 0.4 mils for the Firemen's Pension and Relief Fund,
0.4 mils for the Policemen's Pension and Relief Fund and 1 .0 mil for the Fayetteville
City Library; and certifying the same to the County Clerk of Washington County,
Arkansas.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
D. INFORMATIONAL:
Council Tour: October 3, 2005 — 4:30 PM
Meeting adjourned 11 : 15 p.m.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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City Council Meeting October 4, 20 P
Subject:
Motion 'ro:
Motion By:
Seconded :
Cook
Marr
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Mayor Coody Il }l
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Subject:
Motion To:
Motion By:
Seconded :
Cook
Marr
Rhoads
Ferrell
Lucas
10S Jordan
0 /95 Reynolds ✓
Thiel
Mayor Coody )
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City Council Meeting October 4, 2005 •
Subject: N d 5 - lq- 99 /< in kpn,,,,,_
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Seconded :
Cook
Marr r/
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Mayor Coody
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Seconded :
Cook
Marr
Rhoads
Ferrell ,
Lucas ✓
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Reynolds
Thiel
Mayor Coody
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City Council Meeting October 4, 20� •
Subject: (f _ P& O 05 - / 69 7 D �/Lort )O/ac, cnon /7)
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Lucas
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Mayor Coody
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City Council Meeting October 4, 20 n •
Subject :
Motion To: Add 4"0 444
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Rhoads / ✓
Ferrell ✓ �/
Lucas
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CI Thiel
Mayor Coody
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Reynolds
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Mayor Coody
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City Council Meeting October 4, 20 •
Subject: /1_ C 05 - / W' 9
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Motion To: P- d/ (i
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Reynolds
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Mayor Coody
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Motion To:
Motion By: 6" t=
Seconded :
Cook ✓
N.ILJ Marr
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Ferrell ., � te*� �
PLucas ✓ ✓
In� Jordan ✓ ✓
L� Reynolds
Thiel
Mayor Coody
City Council Meeting October 4, 20 •
Subject : pA �t �J1A 6p�— Gtna_ao_
Motion To: tid 3✓• d � �
Motion By: M
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Ferrell
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Jordan
Reynolds ✓ ,/ ✓
Thiel
Mayor Coody
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Ferrell ; �/ ✓ ✓
/ Lucas ✓ ✓ i✓
(((yyy Jordan ,/ r/ ✓
Reynolds / i/ ,✓
Thiel ✓
Mayor Coody
City Council Meeting October 4, 2005 •
Subject :
Motion To:
Motion By:
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Seconded :
L1 , 41 Cook / ✓ ✓
I[U� &IJ Marr �/ ✓ �/
Rhoads ✓ ✓ r/
/ Ferrell ✓ e/
Lucas ✓ �/ r/
IJordan r✓
Reynolds ✓ �/
Thiel
Mayor Coody
Subject I� LLC
Motion To:
Motion By: ad/L
Seconded:
C� , S Cook
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Ferrell , r
Lucas ✓
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l�Ilg � a � Reynolds abs
Thiel
Mayor Coody
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City Council Meeting October 4, 20 •
Subject: ( ,i f Nip
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Seconded : a
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Jordan
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Thiel
Mayor Coody
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Seconded:
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Rhoads
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Reynolds
Thiel
Mayor Coody
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City Council Meeting October 4, 2* •
Subject : lv b — / (o d' 7 C 17'010ftCLAI)
Motion To:
Motion By:
Seconded :
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ucas ✓ ✓ ✓
Jordan ,/ ✓
Reynolds ✓/ I✓
Thiel // ✓
Mayor Coody cG
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City Council Meeting October 4, A •
Subject: Z-�N� /
Motion To: �4A--
Motion By:
Seconded:
CI lot Cook
Nuw Marr
Rhoads ✓ ,/
� Ferrell
Lucas �/ ✓
Jordan r/
� ^ Reynolds ✓ �/
V I 1 Thiel
- 1 Mayor Coody
Subject: C — a wig
Motion To:
Motion By:
Seconded :
Cook ✓
Marr
Njt�0 Rhoads
I AnAd Ferrell
Lucas
Jordan
1 Reynolds �/ ✓
Thiel
Mayor Coody
City Council Meeting October 4, 20 •
Subject: C _ S , ' Z
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Motion By: w �
Seconded :
Cook ✓ ✓ ✓
NMarr �/ ✓
Rhoads
j.Q i�10�e4
Ferrell ✓ ,/
Lucas � ,/ ✓
Jordan f ✓ ,/
Reynolds ✓" /
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Mayor Coody
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Subject: UA L' d � � J (� N ✓� Q7
Motion To:
Motion By:
Seconded : LO 0 , +o
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Marr
(11 tiu Rhoads
Ferrell
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NN2/ Jordan
1VV Reynolds
Thiel
Mayor Coody
City Council Meeting October 4, 20 •
Subject: 2 - P z c) 61 C q
Motion To: a A
Motion By: M ��Ilfl
Seconded :
14 , Cook Al
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1 Rhoads
Ferrell
Lucas �/ �/ ✓
Jordan �/ ✓
Reynolds ,/ v ✓
V \ ` Thiel ✓
Mayor Coody
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Subject: Am" _ W 1 , f� _64 v
Motion To: � � vi J
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Marr ✓
NRhoads 1/ v
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Ferrell f ,/ ✓
Lucas ✓
Jordan f ✓ t/
Reynolds ✓ ✓ y
Thiel f
Mayor Coody
City Council Meeting October 4, A •
Subject: amps (
Motion To:
Motion By:
Seconded :
& 16 - Cook
NMarr
Rhoads
A Ferrell
Lucas
Jordan
Reynolds
lL Thiel
dftkt� Mayor Coody
Subject:
Motion To:
Motion By:
Seconded :
Cook
Marr
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Mayor Coody
City Council Meeting October 4, 200 •
Subject:
Motion To:
Motion By:
Seconded:
Cook
Marr
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Mayor Coody
Subject:
Motion To:
Motion By:
Seconded:
Cook
Marr
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Mayor Coody
City Council Meeting October 4, 2l� •
Subject:
Motion To:
Motion By:
Seconded :
Cook
Marr
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Mayor Coody
Subject:
Motion To:
Motion By:
Seconded:
Cook
Marr
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Mayor Coody
• Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan CoodyTayve
le
Ward I Position 2 - Brenda "rhiel
City Attorney Kit Williams T / Ward 2 Position I - Kyle B. Cook
V Ward 2 Position 2 - Don Mart
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
Ward 3 Position I - Robert K. ads
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
October 4, 2005
A meeting of the Fayetteville City Council will be held on October 4, 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
Introduction of the 2005 Citizen's Police Academy Graduates
A. CONSENT:
1 . Approval of the August 25, 2005 Special City Council meeting minutes and the
September 6, 2005 City Council meeting minutes.
2. Arkansas Parks & Tourism Grant — Botanical Gardens: A resolution authorizing the
Mayor to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in the
amount of $250,000.00 for the construction of Phase 1 A of the Botanical Gardens.
3. State and Tribal Assistance Grant (STAG) — Sanitary Sewer System Improvements:
A resolution authorizing the Mayor to apply for and accept a State and Tribal Assistance
Grant (STAG) from the U.S. Environmental Protection Agency for Sanitary Sewer
System Improvements; designating the Mayor as the City's authorized representative in
all matters relating to the procurement and administration of said grant; and approving a
budget adjustment recognizing $481 ,200.00 in Grant Revenue.
4. South Fayetteville Community Development Corporation - Waiving of Fees: A
resolution to waive the Building Permit Fee and other developmental fees for South
• Fayetteville Community Development Corporation.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
B. UNFINISHED BUSINESS:
1 . ANX 05-1488 (Collins/Kinghorn, 533/534): An ordinance annexing that property •
described in annexation petition ANX 05- 1488 for property located at 6102 and 6110
Lake Sequoyah Drive, containing 17.33 acres. This ordinance was left on the First
Reading at the September 20, 2005 City Council meeting.
2. Planning Commission Appeal: Collins/Kinghorn Rezoning: An ordinance rezoning
that property described in rezoning petition RZN 05- 1489 for approximately 17.64 acres
located at 6102 and 6110 Lake Sequoyah Drive from R-A, Residential Agricultural, to
RSF-4, Residential Single Family, 4 units per acre. This ordinance was left on the First
Reading at the September 20, 2005 City Council meeting.
3. C-PZD 05-1670 (Pratt Place Inn, 481): An ordinance establishing a Commercial
Planned Zoning District titled C-PZD 05-1670, Pratt Place Inn, located at the west end of
Markham Road, containing approximately 72 acres, more or less; amending the official
zoning map of the City of Fayetteville; and adopting the Associated Master Development
Plan. This ordinance was left on the First Reading at the September 20, 2005 City
Council meeting.
4. R-PZD 05-1636 (Wellspring): An ordinance establishing a Residential Planned Zoning
District titled R-PZD 05- 1636, Wellspring, located at Rupple Road and Highway 16,
containing approximately 152 acres, more or less: amending the official zoning map of
the City of Fayetteville; and adopting the Associated Master Development Plan. This
ordinance was left on the First Reading at the September 20, 2005 City Council
meeting. •
C. NEW BUSINESS:
1 . Sales and Use Tax Refunding and Capital Improvement Bonds, Series 2005A —
Wastewater Treatment: An ordinance authorizing the issuance and sale of the City's
not to exceed ( I ) $27,000,000 of Sales and Use Tax Refunding and Capital Improvement
Bonds, Series 2005A, and (2) $65,000,000 of Sales and Use Tax Capital Improvement
Bonds, Series 2005B, for the purpose of Refunding the City's outstanding Sales and Use
Tax Capital Improvement Bonds, Series 2004, and financing a portion of the cost of
improvements to the City's Wastewater Treatment Sewerage and related facilities;
authorizing the execution and delivery of a Trust Indenture pursuant to which the Series
2005 Bonds will be issued and secured; authorizing the execution and delivery of an
Official Statement pursuant to which the Series 2005 Bonds will be offered; authorizing
the execution and delivery of a Bond Purchase Agreement providing for the sale of the
Series 2005 Bonds; authorizing the execution and delivery of a Continuing Disclosure
Agreement; authorizing the execution and delivery of an Escrow Deposit Agreement
providing for the Defeasance and Redemption of the Series 2004 Bonds; and prescribing
other matters relating thereto.
2. EPA and Audubon Arkansas Cost Share: An ordinance waiving the requirements of
formal competitive bidding and approving a cost share in the amount of $25,000.00 with
the U.S. Environmental Protection Agency (EPA) and Audubon Arkansas to fund the
collection of Water Quality Data along College Branch in the City of Fayetteville to •
assist staff with storm water ordinance revisions in compliance with Federal MS4 Storm
Water Regulations.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayettevi I le.org
3. Fayetteville Municipal Property Owners' Improvement District #9 — Biella: An
• ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement
District No. 9 — Biella.
4. Southwestern Bell Telephone Service Agreement: An ordinance waiving the
requirements of formal competitive bidding and approving a five-year renewal of the
service agreement with Southwestern Bell Telephone, L. P. in the amount of $69,000.00
to provide Plexar Custom Telecommunications Service.
5. Fayetteville Depot, LLC Lease Agreement: A resolution approving a lease agreement
with Fayetteville Depot, LLC for property located at the northwest corner of Dickson
Street and West Avenue to provide parking enforcement and revenue collection services
for a proposed parking lot.
6. Associated Time & Parking Controls, Inc.: An ordinance waiving the requirements of
formal competitive bidding and approving the purchase of Parking Revenue Collection
Equipment from Associated Time and Parking Controls, Inc. in the amount of
$46,805. 10; approving a 10% contingency in the amount of $4,408.50; and approving a
budget adjustment in the amount of $51 ,213 .60.
7. Parking Management Division Position: A resolution authorizing the addition of one
( 1 ) full-time position in the Parking Management Division; and approving a budget
adjustment in the amount of $3 ,282.00.
8. RZN-05-1687 (Hopmann): An ordinance rezoning that property described in rezoning
• petition RZN 05- 1687 for approximately 0. 18 acres located at 935 North College Avenue
from R-O Residential-Office to C- 1 , Neighborhood Commercial.
9. RZN-05-1688 (JDM Investments): An ordinance rezoning that property described in
rezoning petition RZN 05- 1688 for approximately 6.34 acres located at 2806 Crossover,
north boundary of Candle Wood Subdivision from R-A Residential-Agricultural to RSF-
4, Residential Single Family, 4 units per acre.
10. RZN-05-1711 (Mathias): An ordinance rezoning that property described in rezoning
petition RZN 05- 1711 for approximately 1 .25 acres located at Highway 62 West from R-
A. Residential-Agricultural to C- 1 , Neighborhood Commercial.
11. VAC 05-1632 (East Square Development): An ordinance approving VAC 05- 1632
submitted by Bob Kohler for an alley located on the City Block between East Avenue
and College Avenue and Center Street and Mountain Street, as indicated on the attached
map and legal description.
12. VAC 05-1686 (Schultz): An ordinance approving VAC 05- 1686 submitted by N. Arthur
Scott for property located at 1921 South Vale Avenue, vacating a portion of the right of
way as indicated on the attached map and legal description.
13. VAC 05-1689 (JDM Investments): An ordinance approving VAC 05- 1689 submitted
by Roger Trotter for property located between 2716 and 2728 North Candlewood Drive,
vacating a right of way as indicated on the attached map and legal description.
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0
14. R-PZD 05-1543 (Vantage Center): An ordinance establishing a Residential Planned
Zoning District titled R-PZD 05- 1543, Vantage Center, located at the end of Shepard •
Lane adjacent to Frontage Road, containing approximately 4.7 acres, more or less;
amending the official zoning map of the City of Fayetteville; and adopting the Associated
Master Development Plan.
15. Amend Title XI: Chapter 117, Article IV: Taxicabs: An ordinance amending Title XI :
Chapter 117, Article IV: Taxicabs, of the Code of Fayetteville to provide a Rate Structure
and Zone Map for the City of Fayetteville Taxi Coupon Program.
16. 2005 Millage Levy: An ordinance levying a tax on the Real and Personal Property
within the City of Fayetteville, Arkansas, for the year 2005 fixing the rate thereof at 2.0
mils for General Fund — Operations, 0.4 mils for the Firemen' s Pension and Relief Fund,
0.4 mils for the Policemen' s Pension and Relief Fund and 1 .0 mil for the Fayetteville
City Library; and certifying the same to the County Clerk of Washington County,
Arkansas.
D. INFORMATIONAL:
Council Tour: October 3, 2005 - 4:30 PM
•
•
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Sondra Smith - Citizen's Police Academy Gr_ad uation Page 1
From: Shannon Gabbard
To: Broyles, Lana
Date: 9/21/05 4:36PM
Subject: Citizen's Police Academy Graduation
Lana,
Can we borrow about five minutes of the Councils time at the beginning of the Council meeting on October
41 2005? We would like to introduce 12 of the 2005 Citizen's Police Academy graduates to the Mayor and
the Council and present them with their certificates.
Thanks,
Shannon
• Opecial City Council Meeting Minutes
August 25, 2005
Page 1 of 4
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coady a Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position 1 - Kyle B. Cook
Y Y PT\ jjr 1 Ward 2 Position 2 - Don Marr
Cit Clerk Sondra Smith
aye
l -. V 1 Ward 3 Position 1 - Robert K. Rhoads
Y Y 11) Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City Council
Special Meeting Minutes
August 25, 2005
A Special Meeting of the Fayetteville City Council was held on August 25, 2005 at 4:45 PM 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, Ferrell, Lucas, Jordan, Mayor Coody,
City Attorney Kit Williams, Deputy City Clerk Gina Roberts, Staff, Press, and Audience.
ABSENT: Alderman Rhoads
Pledge of Allegiance
New Business:
Mid-America Environmental Solutions Remediation Services Contract: An ordinance
waiving competitive bidding, increasing the amount authorized for clean-up costs to
$270,000.00, approving a Contract/Work Plan Agreement not to exceed $270,000.00 with Mid-
America Environmental Solutions, Inc., and approving a budget adjustment of $225,000.00.
City Attorney Kit Williams: The first ordinance that went out did not include the $55,000
contingency that was requested. I redrafted the ordinance and have given you a copy. I will read
the redrafted ordinance.
City Attorney Kit Williams read the ordinance.
David Jurgens Water and Sewer Maintenance Superintendent: The amount that was
originally authorized for this project was $70,000 and at that time it wasn't certain whether this
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• O-Pecial City Council Meeting Minutes
August 25, 2005
Page 2 of 4
would be considered a hazardous material spill or not. It turns out that it does have to be
considered a hazardous material spill. It is not like we are working with something that is really
dangerous or hazardous but this product is listed as a hazardous material.
We think this cost will be the maximum cost for the contractor. I recognize that I am asking for
a large contingency, the reason for that is that we may have to do some stream sampling and
ground water monitoring wells, the contingency is to cover those potentials. I have discussed
this with ADEQ and OMI. ADEQ said this type of spill normally runs in the $250,000 to
$300,000 range. ADEQ thought the prices that we received were definitely competitive and that
changing contractors would be a mistake since we have a work plan in place and we have a
permit from a hazardous material landfill site in Illinois. I think this is a reasonable cost for what
we have to do.
I apologize for having to call a special City Council meeting but we have a big hole in the
ground and the more water that gets into that hole lends to a potential problem with ground
water, so we need to continue to work as fast as we can.
Alderman Reynolds: When Mr. Davis was here and we met on this he felt like $70,000 was the
most that we were going to spend on this. He was told that most of the site was not hazardous.
So why all of a sudden are we spending $200,000 more?
David Jurgens: I was not involved with the discussions at that point, but in talking to the
contractor, OMI and ADEQ the $70,000 was based off the waste not having to be hauled to a
hazardous landfill and not having to have certified hazardous material employees on site. That
was the optimistic view point, that this site would not be deemed a hazardous material work site.
$ 115 ,000 of this amount is for transportation to the landfill because you have to have a
hazardous material licensed CDL operator and the landfill disposal itself. You have to haul it to
a landfill that will accept this waste.
Alderman Reynolds: Is Peoria Illinois the people that tested the soil or did OMI test it here?
David Jurgens: We tested the soil here and then we sent the soil sample results to Peoria,
Illinois for them to determine if they could accept this material into their landfill. A hazardous
material landfill doesn't accept every hazardous material.
Alderman Reynolds: How many tons are we talking about that have to be shipped to Peoria,
Illinois?
David Jurgens : The maximum estimate is 500 tons. We have hauled 90 tons thus far and we
are estimating no more than 400 more having to go.
Alderman Reynolds: That' s just the Gregg Avenue site?
David Jurgens : Yes sir. One of the reasons that we estimated this high is because the tank
under ground will float from ground water if we don't anchor it down, we are down to the
concrete slab that is under ground, that is the anchor for the tank. Once we break that slab we
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• Opecial City Council Meeting Minutes
August 25, 2005
Page 3 of 4
will see what we are running into. We are hoping that we are not going to see very much below
that. What we have seen so far is that the contamination didn't go out laterally into the soil; it all
seems to have gone down. This is a time and material contract so we will only be paying for the
actual work performed.
Robert Ferrell: It seems like we talked about repairing these tanks at a Water and Sewer
meeting. How many tanks are there?
David Jurgens: We have four other tanks that are not petroleum products, three are on the
Noland Plant site and one of them is at the lift station in Farmington. We are looking at, in the
next CIP budget, having all of those removed or if we have funds left over in this tank removal
project we may then come forward and ask you to use the left over funds to go out for bids to
remove those tanks. There are no indications of any contamination at any of those tanks.
Robert Ferrell: They have all been inspected?
David Jurgens: They all have leak detection, they all meet all the requirements and there has
been no indication of any problems but we still want to get those things out of the ground.
Robert Ferrell: On one of the tests it stated, in the water there was a trace amount that was
above the standard. In subsequent testing if you test it two more times and you don't see any
amounts in there, is that a good sign that it may not cost as much or is the testing going to have
to be on going?
David Jurgens: That is going to depend on what we work out with ADEQ and will be part of
the closure report. ADEQ will then make their determination of whether we need to do further
stream sampling or ground water sampling.
Alderman Reynolds : Where are we going to get this $325,000?
David Jurgens : We are pulling this out of Fund Balance.
Alderman Marr: If 400 tons is the maximum that you think we will have, when you started the
presentation you talked about a significant contingency because of unknown cost, you then
further explained it and it seems like you have taken into account the worst case scenario. Why
do we need the contingency amount?
David Jurgens : The contingency is in case we have to do stream sampling which may have to
be done for one year or ground water monitoring wells and ground water sampling which may
also possibly be done for one year. It is a project contingency for related work that might need to
be completed by other firms to determine if there is any residual contamination that will be
determined by .ADEQ at a future date.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was
absent.
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Opecial City Council Meeting Minutes
August 25, 2005
Page 4 of 4
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Rhoads was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4746 as Recorded in the Office of the City Clerk.
Meeting Adjourned at 5:05 PM.
Dan Coody, Mayor
Sondra Smith, City Clerk/Treasurer
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• • City Council Meeting Minutes
September 6, 2005
Pagel of 23
Aldermen
Ward 1 Position I - Robert Reynolds
Mayor Dan Coady Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
Y Y yflIe
Ward 2 Position 2 - Don Marr
Cit Clerk Sondra Smith a e Ward 3 Position I - Robert K. Rhoads
Y Ward 3 Position 2 — Robert Ferrell
ARNSAS Ward 4 Position 1 - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City of Fayetteville Arkansas
City Council
Meeting Minutes
September 6, 2005
A meeting of the Fayetteville City Council was held on September 6, 2005 at 6:00 PM 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, Ferrell, Lucas, Jordan,
Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
A presentation of the Final Check for the Blair Library Construction was given by Anne de
Noble, Library Board of Trustees and Louise Schaper, Executive Director.
Louise Schaper and Anne de Noble gave a brief update of the new Blair Library.
Anne de Noble stated the project has come in under budget. She presented the City with a check
in the amount of $416,500 from the proceeds of the sale of the old library to be used to pay the
last major invoice on the project.
Mayor Coody announced that today he had to declare Fayetteville a disaster area so that
we could be eligible for FEMA refunding of all the expenses that we are going to be facing
with the influx of evacuates and the influx of all the materials that we are going to be
experiencing.
CONSENT:
Approval of the August 2, 2005 and the August 16, 2005 City Council Meeting Minutes.
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