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HomeMy WebLinkAbout2005-10-18 - Agendas - Final Aldermen Ward I Position 1 - Robert Reynolds Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel Ci Attorney Kit Williams Ward 2 Position 1 - Kyle B. Cook City Y Ward 2 Position 2 - Don Marr Cit Clerk Sondra SmithTayve e;lle Ward 3 Position I - Robert K. Rhoads Y Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting - October 18, 2005 A meeting of the Fayetteville City Council will be held on October 18, 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. Airport Disadvantaged Business Program: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) program participation goals for FY2006. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 202-05, 2. Purchase of Two 4x4 Crew Cab Trucks from Landers Ford: A resolution awarding Bid #05-69 to Landers Ford for the purchase of two (2) 4x4 Crew Cab and Chassis Trucks with Dump Bodies in the amount of $83,906.00 for use by the Transportation Division for the In-House Trails Program; and approving a budget adjustment to move funds to Fleet Expense Account. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 203-05 3. Purchase of One Compact Track Loader from Williams Tractor: A resolution awarding Bid #05-68 to Williams Tractor for the purchase of one ( 1 ) Compact Track Loader in the amount of $35,696.70 for use by the Transportation Division for the In- House Trails Program; and approving a budget adjustment to move funds to the Fleet Expense Account. 113 West Mountain 72701 (479) 521.7700 (479) 575-8257 (Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 204-05 4. Construction of Walker Park Entry with Midland Construction, Inc.: A resolution approving a contract with Midland Construction, Inc. in the amount of $64,026.00 for the construction of the Walker Park Entry; and approving a 10% project contingency in the amount of $6,402.60. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-05 5. J.B. Hays and Charles W. Sloan O&A Contract: A resolution approving an Offer and Acceptance contract between the City of Fayetteville and J.B. Hays and Charles W. Sloan for the sale of approximately 33.436 acres of the Westside Wastewater Treatment Plant Site for $ 1 ,039,007.00; and authorizing the Mayor and City Clerk to execute said agreement. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-05 B. UNFINISHED BUSINESS: 1, 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 ordinance was left on the First Reading at the October 4, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE OCTOBER 27, 2005 SPECIAL CITY COUNCIL MEETING. 2, 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 10, 2005 City Council meeting. This ordinance was left on the Second Reading at the October 4, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE NOVEMBER 1, 2005 CITY COUNCIL MEETING. 3. 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 ordinance was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. THIS ITEM WAS TABLE D INDEFINITELY. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l le.org 0 0 4. 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 resolution was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE NOVEMBER 1, 2005 CITY COUNCIL MEETING. 5. 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 ordinance was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE NOVEMBER 1, 2005 CITY COUNCIL MEETING. 6. 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 ordinance was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE NOVEMBER 1, 2005 CITY COUNCIL MEETING. 7. 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 ordinance was left on the Second Reading at the October 4, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4778, C. NEW BUSINESS: 1 . Fayetteville Public Library Long Range Funding Plan: A resolution supporting the Fayetteville Public Library in the Development of a Strategic Service Plan and the development of a Long-Range Funding Plan for library services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 207-05, 2. Amend §166.06 Planned Zoning District (PZD): An ordinance amending § 166.06, Planned Zoning District (PZD), Unified Development Code, Code of Fayetteville, to provide for Planning Commission review of all PZD Master Development Plans. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4779, 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 40 3. Bio-Based Technol• Offer and Acceptance: An ordinance waiving the requirements of §34.27, Code of Fayetteville and approving an Offer and Acceptance Contract with Bio-Based Technologies in the amount of $940,000.00 for the purchase of the Water & Sewer Operations Center on Cato Springs Road; designating the proceeds for Economic Development purposes; and approving a budget adjustment implementing the designation. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 4. Fayetteville Municipal Property Owners' Improvement District No. 11 - West Side Village: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 11 - West Side Village. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4780. 5. Water and Wastewater Impact Contract- Duncan Associates: An ordinance waiving the requirements of formal competitive bidding and awarding a contract (Phase I) to Duncan Associates in the amount of twelve thousand three hundred dollars ($ 12,300.00) to update the existing Water and Wastewater Impact Fees and to calculate additional Wastewater Impact Fees. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4781 , 6. ADM-05-1744 Walnut Crossing: An ordinance amending a Residential Planned Zoning District entitled R-PZD 04- 1181 , Walnut Crossing, located north of Highway 62 and east of Farmington, containing approximately 52.98 acres, more of less, to reflect revised side setbacks as described and depicted herein. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4782, 7. RSF-8 Zoning Classification: An ordinance amending Title XV: Unified Development Code, of the Code of Fayetteville, to provide a new residential zoning district. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4783, 8. Design Overlay District: An ordinance to amend § 161 .24 Design Overlay District, Subsection (D) (2) Signs. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4784. 9. Police and Public Safety Systems Impact Fees - Chapter 159 Fees: An ordinance to amend Title XV Unified Development Code of Fayetteville, Chapter 159, Fees by enacting § 159.03 Police and Public Safety Systems Impact Fees of the Unified Development Code. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 10. Fire Protection Systems Impact Fee - Chapter 159. Fees: An ordinance to amend Title XV Unified Development Code of Fayetteville, Chapter 159, Fees by enacting § 159.04 Fire Protection Systems Impact Fees of the Unified Development Code. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 0 0 THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 11. Greenland and/or Farmington Sewer Systems: A resolution to express the intent of the City Council to assume the ownership and the operation of the Greenland and/or Farmington Sewer Systems. THIS ITEM WAS TABLED TO THE NOVEMBER 1, 2005 CITY COUNCIL MEETING. D. INFORMATIONAL: Council Tour: NONE Meeting adjourned at 11 :40 p.m. 113 West Mountain 72701 (479) 521 .7700 (479) 575-8257 (Fax) accessfayettevi I le.org ll . � City Council Meeting October 18, & Go Pry Subject: lem Motion To: Motion By: Seconded: Marr Rhoads Ferrell )±seas. Jordan Reynolds Thiel Cook Mayor Coody Subject: Motion To: Motion By: � Seconded: Marr Rhoads Ferrell 1mmw Jordan Reynolds id Thiel Cook Mayor Coody 7-D City Council Meeting October 181005 • Subject: �b Sil Motion To: o` � d Motion By: Seconded : / Marr Rhoads Ferrell i i.l.A4� Jordan Reynolds � Thiel Cook Mayor Coody Subject: o2go tlaV Motion To: Motion By: � Seconded: oa jA— 1 Marr Rhoads � ;N Ferrell OA I�aexs - Jordan Reynolds Thiel Cook Mayor Coody City Council Meeting October 18, 2005 Subject: d OS N Motion To: Motion By: lltajv(� Seconded: nkA, 15111 ili v arr fAL-1 Rhoads Ferrell Co���l oS Q,b d� Jordan � Reynolds � Thiel Cook t/ Mayor Coody Subject: OL _PZ D / to 70 P,1 PIOCe t ICOAA. Motion To: 3 ° p Motion By: Seconded: Marr ✓ 14Ai5W Rhoads ✓ Ferrell LoeaV Jordan c/ Reynolds ✓ Thiel f Cook Mayor Coody City Council Meeting October 18, 2005 Subject: (gip— PZIo 1(a 070 Motion To: I VVW� oc 7%00 A o -10 Motion By: Seconded : i Marr IL Rhoads Ferrell 14 4ucas— I Jordan Reynolds Thiel Cook Mayor Coody Subject: Motion To: 7 S� Motion By: lance, Seconded : Marr ✓ Q Qq� Rhoads Ferrell lanees— Jordan ✓ 1� Reynolds ✓ Thiel Cook Mayor Coody City Council Meeting October 18, 2005n n Subject: - /'�" Z, "o Motion To: Motion By: 2 Seconded : Marr ✓ Rhoads errell Jordan J d�11i11 Reynolds Thiel ✓ Cook Mayor Coody cc�� ?ted ,O Subject: c7 t b + LLC Motion To: �p Nom . aDOS Motion By: 0( a„v Seconded: IJ Marr vooe i Rhoads 1/ Ferrell ✓ 1s � 1 Jordan eynolds IThiel Cook Mayor Coody 7 'D City Council Meeting October 18, 2005 Subject: LILI Ji 4S Motion To: / a"" 1-0Nadi ?p OSS Motion By: Seconded: d05 , Marr Rhoads IN" f ; Ferrell ✓ JaOabs.l,� Jordan ✓ Reynolds ✓ Thiel Cook Mayor Coody Subject: ma..", c/idisi ISM- . /� U Motion To: ' I /1I1 /I ,� N&) � / o�Cu`ca-K Motion By: Seconded : Marr Rhoads ✓ r L7 Ferrell ✓ .. Jordan f Reynolds VZ gOo S Thiel V Cook N Mayor Coody / (O City Council Meeting October 18, 2005 Subject: Z Al - nn D � an � Motion To: 31L0 ) Motion By: Seconded: EkO a,4) Marr /� 17 , /J Rhoads l �vhiMSO� d QQ V Ferrell �/ ✓ Lucas Jordan Reynolds Thiel ✓ / Cook Mayor Coody Subject: ( A- V Motion To: Motion By: J40L1J Seconded: �d C Marr N 1 Rhoads Ferrell Af Jordan ,/ Reynolds f Thiel a � Cook Mayor Coody 0 City Council Meeting October 18, 20Q05 Subject: /IN�Q.� IX / � � , O (O I i ZOAi " Motion To: O� &4^4 Motion By: Seconded : A Ga , Marr N Rhoads v ,/ ✓ Ferrell / ✓ n/ Jordan ✓ �/ �/ qReynolds I�1 \ Thiel 1.� Cook / r/ Mayor Coody Subject: ?�tz Motion To: awv1 l Motion By: Seconded: C3 Marr ✓ Rhoads Q „ Ferrell ✓ Jordan ✓ Reynolds l Thiel ✓ tY'10� J Cook Mayor Coody 7�� City Council Meeting October 18, 2005 ''II (� Subject: i Gl M c a1 Motion To: �Lkd w > �o.a� Motion By: Seconded: a .0 Marr 1/ ✓ NI Rhoads f� � jr",4,r� Ferrell wow� U &00� ✓ Jordan ✓ Reynolds S ✓ ^ S(0 Thiel ,� �/ ✓ Cook �/ �/ ✓ Mayor Coody Subject: � , �0.� �tDa �w �a� Fri Motion To: )06A,a/ Motion By: Seconded: Cb a Q� CiOBt� e. 5 . Marr ✓ ,� NAAoJ Rhoads Q bS2 dun! ✓ au o w t� Ferrell ✓ Jordan f ,/ Q Reynolds Thiel ,/ ✓ ✓ Cook Mayor Coody City Council Meeting October 18, 2005 A Subject: - p Motion To: AiAJ Motion By: Seconded: Li 1 Marr r/ i \ Rhoads �/ ✓ W' FerrellBUA ✓ �/ i KAA, ' n L wV �f Jordan i/ ✓ ,/ I lop Reynolds ✓ ,/ Thiel ✓ Cook Mayor Coody Subject: — Motion To: Motion By: Al �N-dC Seconded: C © � C . 7 Marr Nom, Rhoads Ferrell ,i �/ I ✓ Inmem Jordan ✓ ,� ,� ✓ q� Reynolds / ✓ �/ I / n u Thiel / ✓ ,/ �( Cook Mayor Coody City Council Meeting October 18, 2005 Subject: 1 _ Motion To: Gnu/ Motion By: Seconded: � - GQ Marr vo� N � Rhoads Q � Ferrell 1 � �ojN �OAA Jordan Reynolds Thiel LA Cook Mayor Coody Subject: C � — Motion To: � / S9 Motion By: Seconded: C / Marr Rhoads NFerrell v j6U4 , " 60r�u Jordan � eynolds Thiel Cook r/ Mayor Coody 7O City Council Meeting October 18, 2005 Subject: Pd i' C2 l Ge.0 /I (L za4 f.2o I Motion To: � � 7O Motion By: Seconded: Marr _ _ , 17 Rhoads /Ifdg�'� Ferrell Jordan Reynolds Thiel Cook Mayor Coody Subject: Pav-fish � Motion To: 01-A /S9 Motion By: QAA Seconded: A/✓ / a/ Marr f/ Rhoads / Ferrell T�'f d� Jordan I/ Reynolds ���111 __ Thiel (�tl(flJ( Cook Mayor Coody City Council Meeting October l8, 2005 Subject: AS IL A44A� �qq Motion To: r Motion By: Seconded: � ✓ Marr N� Rhoads Ferrell 1/ Lueffs 64 Jordan � Reynolds Al iel �� '1 Cook (/ Mayor Coody Subject: Motion To: Motion By: Seconded: Marr Rhoads Ferrell )seiens Jordan Reynolds Thiel Cook Mayor Coody Aldermen Ward 1 Position 1 - Robert Reynolds Mayor Dan Coady Ward 1 Position 2 - Brenda Thiel Ci Attorney Kit Williams Ward 2 Position I - Kyle B. Cook City Y Ward 2 Position 2 - Don Marr Ci Clerk Sondra Smith e ,. Ward 3 Position 1 - Robert K. Rhoads City "'CC�777 Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting October 18, 2005 A meeting of the Fayetteville City Council will be held on October 18, 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. Airport Disadvantaged Business Program: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) program participation goals for FY2006. 2. Purchase of Two 4x4 Crew Cab Trucks from Landers Ford: A resolution awarding Bid #05-69 to Landers Ford for the purchase of two (2) 4x4 Crew Cab and Chassis Trucks with Dump Bodies in the amount of $83,906.00 for use by the Transportation Division for the In-House Trails Program; and approving a budget adjustment to move funds to Fleet Expense Account. 3. Purchase of One Compact Track Loader from Williams Tractor: A resolution awarding Bid #05-68 to Williams Tractor for the purchase of one (1 ) Compact Track Loader in the amount of $35,696.70 for use by the Transportation Division for the In- House Trails Program; and approving a budget adjustment to move funds to the Fleet Expense Account. 4. Construction of Walker Park Entry with Midland Construction, Inc.: A resolution approving a contract with Midland Construction, Inc. in the amount of $64,026.00 for the construction of the Walker Park Entry; and approving a 10% project contingency in the amount of $6,402.60. 5. J.B. Hays and Charles W. Sloan O&A Contract: A resolution approving an Offer and Acceptance contract between the City of Fayetteville and J.B. Hays and Charles W. Sloan for the sale of approximately 33 .436 acres of the Westside Wastewater Treatment Plant Site for $ 1 ,039,007.00; and authorizing the Mayor and City Clerk to execute said agreement. B. UNFINISHED BUSINESS: 1. 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 ordinance was left on the First Reading at the October 4, 2005 City Council meeting. 2. 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 ordinance was left on the Second Reading at the October 4, 2005 City Council meeting. 3. 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 ordinance was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. 4. 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 resolution was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. 5. 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 ordinance was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. 6. Parking Managem t Division Position: A resolution an orizing 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 ordinance was tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. 7. 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 ordinance was left on the Second Reading at the October 4, 2005 City Council meeting. C. NEW BUSINESS: 1. Fayetteville Public Library Long Range Funding Plan: A resolution supporting the Fayetteville Public Library in the Development of a Strategic Service Plan and the development of a Long-Range Funding Plan for library services. 2. Amend §166.06 Planned Zoning District (PZD): An ordinance amending § 166.06, Planned Zoning District (PZD), Unified Development Code, Code of Fayetteville, to provide for Planning Commission review of all PZD Master Development Plans. 3. Bio-Based Technology Offer and Acceptance: An ordinance waiving the requirements of §34.27, Code of Fayetteville and approving an Offer and Acceptance Contract with Bio-Based Technologies in the amount of $940,000.00 for the purchase of the Water & Sewer Operations Center on Cato Springs Road; designating the proceeds for Economic Development purposes; and approving a budget adjustment implementing the designation. 4. Fayetteville Municipal Property Owners' Improvement District No. ll - West Side Village: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 11 - West Side Village. 5. Water and Wastewater Impact Contract- Duncan Associates: An ordinance waiving the requirements of formal competitive bidding and awarding a contract (Phase 1) to Duncan Associates in the amount of twelve thousand three hundred dollars ($ 12,300.00) to update the existing Water and Wastewater Impact Fees and to calculate additional Wastewater Impact Fees. 6. ADM-05-1744 Walnut Crossing: An ordinance amending a Residential Planned Zoning District entitled R-PZD 04- 1181 , Walnut Crossing, located north of Highway 62 and east of Farmington, containing approximately 52.98 acres, more of less, to reflect revised side setbacks as described and depicted herein. 7. RSF-8 Zoning Classification: An ordinance amending Title XV: Unified Development Code, of the Code of Fayetteville, to provide a new residential zoning district. 8. Design Overlay District: An ordinance to amend § 161 .24 Design Overlay District, Subsection (D) (2) Signs. 9. Police and Public Safety Systems Impact Fees - Chapte•59 Fees: An ordinance to amend Title XV Unified Development Code of Fayetteville, Chapter 159, Fees by enacting § 159.03 Police and Public Safety Systems Impact Fees of the Unified Development Code. 10. Fire Protection Systems Impact Fee - Chapter 159. Fees: An ordinance to amend Title XV Unified Development Code of Fayetteville, Chapter 159, Fees by enacting § 159.04 Fire Protection Systems Impact Fees of the Unified Development Code. 11. Greenland and/or Farmington Sewer Systems: A resolution to express the intent of the City Council to assume the ownership and the operation of the Greenland and/or Farmington Sewer Systems. D. INFORMATIONAL: Council Tour: NONE VAYETTEV%LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE Memorandum To: Mayor Dan Coody and the Faye t e ilic,City Council From: Coy Hurd, Project Manager Through: Stephen Davis, Finance an Internal Services Director Re: Final Report on the Demolition of the Mountain Inn Date: October 7, 2005 This memorandum is a final report on the demolition of six buildings in downtown Fayetteville: the Redbird Cafe, the Niblock Law Firm Building, the Mountain Inn Hotel and parking deck, the Courts Building, and the internal demolition of the Arcade Building. This project was very successful due to a team effort of many .people. Some of the people who made this project work successfully were: Jim Head and the Jimmy Patton Company, Chris King of King Electric Company, EEG Consultants, and, City Staff. Special thanks to the City Council for your support and cooperation regarding the special exceptions that were made to expedite the utility work. And, thanks to the citizens who endured changes in their routines and the noise associated with this project. Finally, thanks to the business owners who were inconvenienced by this process. I have never been associated with a demolition project that generated as much interest. Each time I went to the site, there were members of the public standing outside the fence watching the activity inside. The media took great interest in the progress of the work. During this project, I heard many stories from (and about) people who had strong emotional connections to these buildings, people who honeymooned there, who worked to build the buildings, who were born there. Several asked me to escort them inside the site fence so that they could sift through the rubble to pick a memento. It became obvious to me that the Mountain Inn Hotel meant a great deal to a lot of Fayetteville's citizens. Memo of October 7, page two How about the statistics? The City Council approved $886,000 for this demolition effort. When everything was said and done, we had spent $865,930 on the project. The project then came in under budget by $20,070. The work took about eleven weeks. Twelve-thousand tons of debris were hauled from the site. This project did generate some controversy. Streets and traffic lanes were closed, barricades were erected, and dump trucks drove in and out of the site and mingled with rush hour traffic. Three cars received some minor damage. The Patton Company graciously took care of these repairs. I found them to be a pleasure with which to work . and very accommodating to Fayetteville's citizens. There were television news stories regarding the private land where the legal fill was placed. When all was said, everyone agreed that our efforts wereall above-board, transparent, and certainly legal and acceptable. Now the City has come to the end of direct involvement with the project. There is still certainly much more work be done. Our citizens will have to accommodate more inconveniences of a major construction project which is located downtown. The bottom line is this: the demolition of the Mountain Inn was a successful project that came in under our budget. Now the citizens may look forward to the future and to the new facility that will soon grace this site. 10/08/2005 06: 32 5152434089 ARCHER PAGE 02 e 2 Q � C-PZD 05-1670 (Pratt Place Inn) �tIyj l Page 1 of 2 4do1 tUA �a October 10, 2005 To the mayor and members of the Fayetteville City Council: Since some of you may not have visited Sassafras Hill/Pratt Place and others may now want to revisit it, we would welcome the opportunity to show you around the property, the Pratt house, the barn, and the other structures we are asking to have rezoned in our Pratt Place Inn PZD request. We will be in Fayetteville October 14-V during Drake University's fall break, so if you wish to visit, please call us at (479) 582-5443 to arrange a time. If you call before the 13th, we can be reached in Des Moines at (515) 243-4089. ' Should you-come on Sunday afternoon we can introduce you to our new Haflinger horses which are being delivered from Missouri after three months of training for both riding and pulling as a team: The person from whom we have bought them is also.bringing his wagon to demonstrate their prowess as, a team and we would be pleased to give you a spin around the pasture. When we are able to locate more of this relatively rare Austrian breed of the age, caliber, and training we are looking for, they too will make their home in the pastures and the barn that was built for them cerely, Jane d Julian Archer 10/ 08/ 2005 06: 32 5152434089 ARCHER PAGE 04 s 2 C-PZD 05-1670 (Pratt Place Inn) Page 2 of 2 3. The alleged promise never to develop the Hill: The man who claimed that when he bought 21 /2 acres of property from us, we gave him a letter stating that we would never develop the Hill was making it up out of whole cloth . Unless, given that we heard all of this second hand, we may have misunderstood some things. In any case, we did not sell him this parcel which he evidently purchased from the couple to whom we sold it in 2002, and we certainly did not give him a letter of any kind. We have never met him or heard his name, and we have no idea who he is or where he's coming from. Furthermore, his concerns (and those of Lynn Wade's also) that the PZD allows "commercial development" on the land adjacent to his are unfounded because our PZD proposal leaves that land just as it is,— in its natural state. 4. A bit of historical Fayetteville trivia: The name of the hill is not Markham Hill, which derived in the popular mind from Markham Road. Its old, true folk name is Sassafras Hill (aptly named for all of the sassafras trees on the property). Its original name, going way back, was Archias Mountain after the Archias family that owned it. Sincerely, Jan and Julian Archer td,d a4- 06YUJO &44�W� Pat / $0l if ner C. 2 I�KJ Amend 166.06 Planned Zoning District (PZD) ALDERMAN AGENDA REQUEST FORM Page 1 of 2 FOR: COUNCIL MEETING OF October 18, 2005 FROM: Alderman Don Marr ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance amending §166.06, Planned Zoning District (PZD), Unified Development Code, Code of Fayetteville, to provide for Planning Commission review of all PZD Master Development Plans. " APPROVED FOR AGENDA: 1 Vu V U75 Don N arr, Alderman Dat' e Zaas David J. lfhitaker Date Assistant City Attorney (as to form only) C. 2 Amend 166.06 Planned Zoning District (PZD) Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING §166.06, PLANNED ZONING DISTRICT (PZD), UNIFIED DEVELOPMENT CODE, CODE OF FAYETTEVILLE, TO PROVIDE FOR PLANNING COMMISSION REVIEW OF ALL PZD MASTER DEVELOPMENT PLANS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals §§166.06 (C), (2) & (3), Unified Development Code, and inserts the following in their stead: (2) Zoning and Land Use Approval Only. For PZD Master Development Plans that are processed without a request for development approval, the Planning Commission shall hold a public hearing and make recommendations to the City Council on the proposed request. (3) Zoning, Land Use and Development Approval. PZD Master Development Plans that are processed with a preliminary plat or large scale development shall follow the procedures for large scale development and preliminary plat approval through the ^ Planning Commission when processed concurrently as set fo Chapter 166 of the UDC. PASSED and APPROVED this 18th day of Octob 2 + APPROV t- qq�� Few DA • DY, Mayor By: ONDR S I ity c (a • �?oAtee f �udl•e C. 9 oh and Public Safety Systems Impact Fees FAYET TEVILLE Chapter 159: Fees Page I of 2 ME CITY OF FAYMEVIEEE. ARKANSAS /J KIT WILUAMS, CITY ATTORNEY DAVID WFIITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE: October 11 , 2005 RE: Police and Fire Impact Fees The Arkansas Attorney General has opined that impact fees are not taxes, and thus no vote of the citizens is needed to pass such impact fees. I understand the rationale and reasoning of the Attorney General and will argue that to a Court if Fayetteville was ever sued. The Attorney General may very well be correct that no citizen vote is needed to pass Fire, Police and Road Impact Fees. The last time Fayetteville was on the losing end of an illegal exaction case was when we settled in late 2000 (right before I became City Attorney) in the property tax rollback case. The County had, years earlier, been informed by state officials that we were complying with the law. The Courts determined otherwise and our police and fire pension funds paid over $ 100,000.00 in attorney's fees for their combined one mill. The School Districts and County obviously paid attorney's fees that totaled in the millions. The state officials paid nothing. Even if there is only a slight risk that the Courts could determine fire, police or road impact fees could be "taxes", I believe it is more prudent to refer those ordinances for a public vote of ratification. C. s Police and Public Safety Systems Impact Fees Chapter 159: Fees Page 2 of 2