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HomeMy WebLinkAbout2005-11-01 - Agendas - Final Aldermen Mayor Dan Coody • Ward 1 Position I - Robert Reynolds Ward 1 Position 2 - Brenda Thiel Tayve /�� T /'� Ward 2 Position I - Kyle rt Cook City Attorney Kit Williams [(lvJ, i\1VIJj {/l`-„/,. Ward 2 Position 2 - Don Marr Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith 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 November 1 , 2005 A meeting of the Fayetteville City Council will be held on November 1 , 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 September 20, 2005 City Council meeting minutes. APPROVED. 2. Zylon Vest Exchange Program: A resolution authorizing the Fayetteville Police Department to accept merchandise vouchers from Armor Holdings to replace existing ballistic vests containing Zylon. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-05 B. UNFINISHED BUSINESS: 1. 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. This ,ordinance was left on the Third Reading at the October 18, 2005 City Council meeting. This ordinance was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4786. 2. 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 resolution was Tabled at the October 18, 1005 City Council meeting to the November 1, 2005 City Council meeting THIS ITEM WAS TABLED INDEFINITELY. 3. 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 left on the First Reading at the October 4, 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 ordinance was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. THIS ITEM FAILED BY VOTE. 4. 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 resolution was Tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. This resolution was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 5. 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. This ordinance was left on the First Reading at the October 18, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4787, 6. 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 ordinance was left on the Second Reading at the October 18, 2005 City Council meeting. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4788, 7. 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. This ordinance was left on the Second Reading at the October 18, 1005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4789, 8. 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 resolution was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 212-05, C. NEW BUSINESS: 1. ANX 05-1723 JDM Investments: An ordinance annexing that property described in annexation petition ANX 05- 1723 for property located at Skillern Road, east of Savannah Estates, containing 5.06 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4790, 2. RZN 05-1724 JDM Investments: An ordinance rezoning that property described in rezoning petition RZN 05- 1724 for approximately 5.06 acres located at Skillern Road, east of Savannah Estates from R-A Residential Agricultural to RSF-4, Residential Single Family, 4 Units Per Acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4791 , 3. ANX 05-1728 Zaccanti: An ordinance annexing that property described in annexation petition ANX 05- 1728 for property located south of Salem Road, east of Crystal Springs Subdivision, containing 80.30 acres. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 4. Planning Commission Appeal - RZN 05-1729 Zaccanti: An ordinance rezoning that property described in rezoning petition RZN 05- 1729 for approximately 60.00 acres located south of Salem Road, east of Crystal Springs Subdivision 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. 5. Sweetser Construction Contract — Happy Hollow & Huntsville Road Intersection: A resolution awarding a construction contract to Sweetser Construction, Inc. in the amount of $ 1 ,228,413 .00 for Happy Hollow Road & Huntsville Road Intersection 113 West Mountain 72701 (479) 521 .7700 (479) 575-8257 (Fax) accessfayetteville.org Improvements; approving a project contingency of $ I22,841 .Opand approving a budget adjustment in the amount of $843,330.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 213-05, 6. Arkansas State Highway 265 — Notice of Intent to Sell: A resolution approving the notice of intent to sell and to offer for sale the 44.9 acres of tract land, located east of Arkansas State Highway 265 and south of the Fayetteville City Limits. THIS ITEM WAS DENIED BY VOTE, 7. Botanical Garden Society - Waiving Permit Fees: A resolution to waive development permit fees pursuant to § 159.01 (A) (1 ), Unified Development Code for all structures to be constructed by the Botanical Garden Society of the Ozarks at Lake Fayetteville Park. 8. Reconsider the 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 1 .3 mil 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 ordinance was left on the Second Reading at the October 18, 2005 City Council meeting. This ordinance was tabled at the October 18, 2005 City Council meeting to a Special City Council meeting on October 27, 2005. This ordinance was passed at the October 27, 2005 special meeting. The City Council voted to add to agenda and reconsider ordinance November 1 , 2005 . THIS ITEM WAS AMENDED AND PASSED; AND SHALL BE RECORDED AS ORDINANCE NO. 4792, D. INFORMATIONAL: Council Tour: October 31, 2005 — 4:30 PM MEETING ADJOURNED AT 12: 10 A.M. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayeueville.org City Council Meeting November IIA05 Subject: Motion To: l h & ,'0 Motion By: /ld Seconded : Lucas Jordan Reynolds Thiel Cook ✓ Marr Rhoads Ferrell Mayor Coody Subject: Motion To: Motion By: 61 d QM ' Seconded: Lucas Jordan ✓ Reynolds J Thiel Cook L Marr C71 °7 1 ' � t7J Rhoads Ferrell I/ Mayor Coody 0 0 City Council Meeting November 1 , 2005 Subject: TfOLGI, 4nn /© .FOO Motion To: /.t ; 00 W .T lTIN4 Motion By: Seconded: Lucas inl Jordan r/ Reynolds 1 Thiel P • ey.a� Cook U� Marr i/ n Rhoads Al Ferrell Al Mayor Coody Subject: PZ Q US - I (97o _PUGt� P'Q_cl Motion To: Motion By: Seconded: Lucas Jordan Al Reynolds Thiel V Cook O Q Marr I/ Ute' Rhoads Ferrell t/ Mayor Coody /� O City Council Meeting November 1 , 2005 Subject: C _ Os- mo pat( n Motion To: Motion By: Seconded: 80 / 1 Lucas Jordan (�tM{'iq� 5WY Reynolds Al Thiel I/ Cook I/ Marr Rhoads Ferrell Mayor Coody Subject: Motion To: Motion By: M Seconded : S Lucas Jordan Reynolds S n A0 ( ( L Thiel U^ Cook Marr Rhoads y� Ferrell Mayor Coody 5- 2- 0 City Council Meeting November 1 , 2005 Subject: n n 1 _ � 9 Pa4r r�J Arc �C) 3 Motion To: A- O( Motion By: Seconded : (� 3 Lucas N Jordan ✓ ✓ N Reynolds 6h 540 1 iN ata ; n n Thiel V/ ✓ N Cook r/ ✓ N Marr ✓ N Rhoads // Ferrell ✓ Al Mayor Coody ' 0 Subject: ( VLA I IV \ IJ Vit) Motion To: Motion By: Seconded: ct,o Q Lucas Jordan ✓ IMM i �I YYY Reynolds Thiel r/ Cook Marr / Rhoads t/ Ferrell Mayor Coody �7 • i City Council Meeting November 1 , 2005 e Subject: Motion To: A, Motion By: Seconded: Lucas ✓ v Jordan — Reynolds ,,/ t/ ✓ � Thiel ✓ �/ ✓ �� Q Cook I/ ✓ ntw/_� OJi� Marr i/ �/ v ✓ �rJ Rhoads ✓ �/ ✓ N Ferrell �/ ✓ I/ Mayor Coody Subject: pa Motion To: c3 !w /A i 1 /� p Motion By: Yv Y�0 U �o Seconded: jv Lucas A Jordan ^/ Reynolds � Thiel ✓ N Cook Marr Rhoads n/ Ferrell f/ Mayor Coody 8 - a a - 40 ao City Council Meeting November 1 , 2005 Subject: n � , Motion To: Motion By: Seconded : B (e Lucas UNer - Jordan U ✓ A � Reynolds Thiel Cook 1/ Marr Q Rhoads Ferrell N Mayor Coody 1 7 7� 1 Subject: Vim- /-w G 'df jx2 Motion To: G�/a-"' Motion By: Seconded: Nwv�� Q .1 Lucas v Jordan ✓ ✓ Reynolds ✓ Thiel �/ ✓ / Cook ✓ Marr i/ i✓ Rhoads ✓ ✓ Ferrella1 � 1fn IN Mayor Coody 7 .0 7 '/ City Council Meeting November t , 2005 Subject: Motion To: � � 4 Motion By: Seconded : �t� r Lucas ✓ 1 n A itt Jordan 1/ �✓ i _ _ V Reynolds �/ ✓ Thiel ✓ P Cook ✓ Marr ✓ Al Rhoads v Ferrell voe- Mayor Coody 8 - 0 Subject: A N !G 6S '/ 7a 3 �� M �►� v1+vi �f S Motion To: Motion By: OL(�O/ U d-tY Seconded : a C / Lucas Jordan ✓ i/ 1/ 0/ ,,,,41,J Reynolds t/ T Thiel Ll ✓ Cook ,/ / Ir� q Marr L/ " l 1 / D Rhoads ✓ i/ �/ Ferrell Mayor Coody • i City Council Meeting November 1 , 2005 Subject: Motion To: Motion By: Seconded : Lucas ✓ 6000' Jordan ,/ ✓ Reynolds ✓ Thiel ✓ ✓ t✓ Cook ✓ Marr f v ✓ Rhoads t/ Ferrell ✓. i/ "T Mayor Coody Subject: A N - / 1oZ 1? aCCan Motion To: Motion By: Seconded : Lucas N� Jordan ✓ j� Reynolds Thiel ✓ Y Cook - Marr Rhoads � � `� ►� Ferrell Mayor Coody City Council Meeting November 1 , 2005 Subject: IIQ fx h i CQ NMv�Acnw KP z/V 05-1191 Motion To: j, KJ za ocaKzc ; Motion By: OV Seconded : �. Lucas ✓ /V 1� Jordan .� Reynolds ✓ Thiel ✓ CaIY Cook ✓ Marr Rhoads Ferrell Mayor Coody Subject: Cl)_ AI SAPL (2po rtLc4-r a^- Copv4fr-J `` 'go " Motion To: �i y f�(� Xvfl th Motion By: )eoa Seconded:50 Lucas IVv-� Jordan i3kAb a)kh) Reynolds ✓ Thiel f Cook Marr ✓ 3 Rhoads ✓ Ferrell Mayor Coody g - D 0 0 City Council Meeting November � 1 , 2005 W Subject: a yt, a� �7 G w l i o2 �O — IV07�CG Motion To: 4o Motion By: Seconded: Lucas • ' Jordan /v Reynolds Thiel Cook Marr Rhoads Ferrell Mayor Coody Subject: L �.mC1f�0./L Motion To: �-7w u `4k Motion By: Seconded: Lucas A� Jordan - �}- 1V Reynolds 1/ Thiel Cook Marr 1/ Rhoads ni e Ferrell VOOOO Mayor Coody 0 0 City Council Meeting November 1 , 2005 Subject: '64rAhi dA _ — WQiUi Motion To: 4PJL4� Motion By: Seconded: ( i r7Lucas 1/ NAJ Jordan axA�"A1*1 Reynolds Thiel Cook � Marr ✓ Rhoads �1 Ferrell J Mayor Coody Subject: as oL. of ; S , C a Motion To: A-dd -{-o Motion By: Seconded: mom` Lucas Jordan Reynolds ✓ Thiel Cook ✓ Marr ✓ Rhoads ✓ Ferrell Mayor Coody g �o 0 0 City Council Meeting November 1 , 200Nit 5 0 I t Subject: 1 i Clay , C K 4 i 8, 4o lacom ss &4: Motion To: i'tD fi�l` ((CtA Motion By: Seconded: Lucas Jordan Reynolds Thiel N Cook ✓ Marr ✓ Rhoads Al Ferrell Mayor Coody -a Subject: M ( +0 . A Motion To: n Y� I 1 �MY� Motion By: Seconded : Lucas Jordan Reynolds Thiel Cook Marr Rhoads 1/ Ferrell Mayor Coody r • City Council Meeting November 1 , 2005 Subject: Ax � l Motion To: �5� cfi (1 Motion By: U Seconded: Coir\/ Lucas / V Jordan / ✓ r/ Reynolds Thiel All -1O Cook Al Marr ✓ Rhoads �/ � S` O Ferrell Al Mayor Coody e- o 7-0 (9 - �- Subject: Motion To: Motion By: Seconded: Lucas Jordan Reynolds Thiel Cook Marr Rhoads Ferrell Mayor Coody Aldermen y� Ward I Position I - Robert Reynolds Mayor Dan Coody wr Ward I Position 2 - Brenda Thiel Ward 2 Position I - Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Marr TayveWard 3 Position I - Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2 — Roben Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting November 1 , 2005 A meeting of the Fayetteville #City Council will be held on November 1 , 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 September 20, 2005 City Council meeting minutes. 2. Zylon Vest Exchange Program : A resolution authorizing the Fayetteville Police Department to accept merchandise vouchers from Armor Holdings to replace existing ballistic vests containing Zylon. B. UNFINISHED BUSINESS: 1 . 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. This ordinance was left on the Third Reading at the October 18, 2005 City Council meeting. This ordinance was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayeltev i I le.org 2. 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 resolution was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. 3. 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 left on the First Reading at the October 4, 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 ordinance was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. 4. 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 resolution was Tabled at the October 4, 2005 City Council meeting to the October 18, 2005 City Council meeting. This resolution was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. 5. 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. This ordinance was left on the First Reading at the October 18, 2005 City Council meeting. 6. 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 ordinance was left on the Second Reading at the October 18, 2005 City Council meeting. 7. 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. This ordinance was left on the Second Reading at the October 18, 2005 City Council meeting. 8. 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 resolution was Tabled at the October 18, 2005 City Council meeting to the November 1, 2005 City Council meeting. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org C. NEW BUSINESS: 1 . ANX 05- 1723 JDM Investments: An ordinance annexing that property described in annexation petition ANX 05- 1723 for property located at Skillern Road, east of Savannah Estates, containing 5 .06 acres. 2. RZN 05-1724 JDM Investments: An ordinance rezoning that property described in rezoning petition RZN 05- 1724 for approximately 5.06 acres located at Skillern Road, east of Savannah Estates from R-A Residential Agricultural to RSF-4, Residential Single Family, 4 Units Per Acre. 3. ANX 05-1728 Zaccanti : An ordinance annexing that property described in annexation petition ANX 05- 1728 for property located south of Salem Road, cast of Crystal Springs Subdivision, containing 80.30 acres. 4. Planning Commission Appeal - RZN 05- 1729 Zaccanti: An ordinance rezoning that property described in rezoning petition RZN 05- 1729 for approximately 60.00 acres located south of Salem Road, east of Crystal Springs Subdivision from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4 Units Per Acre. 5. Sweetser Construction Contract — Happy Hollow & Huntsville Road Intersection : A resolution awarding a construction contract to Sweetser Construction, Inc. in the amount of $ 1 ,228,413.00 for Happy Hollow Road & Huntsville Road Intersection Improvements; approving a project contingency of $ 122,841 .00; and approving a budget adjustment in the amount of $843 ,330.00. 6. Arkansas State Highway 265 — Notice of Intent to Sell : A resolution approving the notice of intent to sell and to offer for sale the 44.9 acres of tract land, located east of Arkansas State Highway 265 and south of the Fayetteville City Limits. 7. Botanical Garden Society - Waiving Permit Fees: A resolution to waive development permit fees pursuant to § 159.01 (A) (1 ), Unified Development Code for all structures to be constructed by the Botanical Garden Society of the Ozarks at Lake Fayetteville Park. D. INFORMATIONAL: Council Tour: October 31 , 2005 — 4:30 PM 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayen ev i I le.org • • City Council Meeting Minutes September 20, 2005 Page I of 14 Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel Ward 2 Position I - Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Marr Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith 7aye irile Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan City Council Meeting Minutes September 20, 2005 A meeting of the Fayetteville City Council was held on September 20, 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 Fayetteville Town Center Annual Report by Willistine Smith Alderman Cook moved to add the Nominating Committee Report to the agenda. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. Alderman Cook read the Nominating Committee Report. A copy of the report is attached. Alderman Cook moved to approve the Nominating Committee Report. Alderman Marr seconded the motion. Upon roll call the motion passed unanimously. CONSENT: Cornerstone Home Services, LLC: A resolution approving an offer and acceptance contract between the City of Fayetteville and Cornerstone Home Services, LLC for the sale of Parcel 30E in the Fayetteville Industrial Park for $28,000.00; and authorizing the Mayor and City Clerk to execute said agreement. Resolution 184-05 as Recorded in the Offtce of the City Clerk. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fan) accessfayeueville.org City Council Meeting Minutes September 20, 2005 Page 2 of 14 C & C Services, LLC Offer and Acceptance: A resolution approving an offer and acceptance contract between the City of Fayetteville and C & C Services, LLC for the sale of Parcel 11 W in the Fayetteville Industrial Park for $ 132,000.00; and authorizing the Mayor and the City Clerk to execute said agreement. Resolution 185-05 as Recorded in the Office of the City Clerk. Jim Benton Offer and Acceptance: A resolution approving an offer and acceptance contract between the City of Fayetteville and Jim Benton for the sale of Parcel 29E in the Fayetteville Industrial Park for $61 ,480.00; and authorizing the Mayor and the City Clerk to execute said agreement. Resolution 186-05 as Recorded in the Office of the City Clerk. Martin A. Treat Offer and Acceptance: A resolution approving an offer and acceptance contract between the City of Fayetteville and Martin A. Treat for the sale of Parcel 20W in the Fayetteville Industrial Park for $200,000.00; and authorizing the Mayor and the City Clerk to execute said agreement. Resolution 187-05 as Recorded in the Office of the City Clerk. William's Tractor LB75B Backhoe and Landers Ford F550 4x4: A 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 $24, 193 .41 for use at the Fayetteville Municipal Airport; and approving a budget adjustment in the amount of $ 115,435 .00. Resolution 188-05 as Recorded in the Office of the City Clerk. William's Tractor LB75B Backhoe Purchase for Transportation: A resolution authorizing the purchase of one ( 1 ) LB75B Backhoe from William' s Tractor in the amount of $52,999.00 for use by the Transportation Division for the In-House Trails Program; and approving a budget adjustment in the amount of $52,999.00. Resolution 189-05 as Recorded in the Office of the City Clerk. Downing Sales & Service Bid Award — Two Refuse Trucks: A resolution awarding Bid #05-62 to Downing Sales & Service in the amount of $319,425 .00 for the purchase of two (2) rear-load refuse trucks for use by the Solid Waste & Recycling Division. Resolution 190-05 as Recorded in the Office of the City Clerk. Downing Sales & Service Bid Award — Drop-Box Hoist Truck: A resolution awarding Bid #05-63 to Downing Sales & Service in the amount of $ 134,972.00 for the purchase of a Drop-Box Hoist Truck for use by the Solid Waste & Recycling Division; and approving a budget adjustment in the amount of $ 1345972.00. Resolution 191-05 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • - • City Council Meeting Minutes September 20, 2005 Page 3 of 14 Emergency Vehicles, Inc. Bid Award — Mobile Command Unit: A resolution awarding Bid #05-60 to Emergency Vehicles, Inc. in the amount of $ 185,800.00 for the purchase of a Mobile Command Unit for use by the Fayetteville Police Department. Resolution 192-05 as Recorded in the Office of the City Clerk. Black & Veatch Change Order # 1 : A resolution approving Change Order # 1 to the contract with Black & Veatch in an amount not to exceed $300,000.00 for design, construction supervision, post- construction analysis and testing for improvements to the 36" and 42" water transmission lines; and approving a contingency in the amount of $ 15 ,000.00. Resolution 193-05 as Recorded in the Office of the City Clerk. Waste Management of Arkansas, Inc. Contract Amendment: A resolution approving Amendment # 4 to the contract with Waste Management of Arkansas, Inc. for operation of the Transfer Station and transport and disposal of Municipal Solid Waste; and approving a budget adjustment in the amount of $25,000.00 to cover the cost of increased disposal fees. Resolution 194-05 as Recorded in the Office of the City Clerk. Former Shake's Building Purchase Time Extension : A resolution to extend the time allowed to Steve Davis to close on his purchase of the former Shake's Building on 6th Street. Resolution 195-05 as Recorded in the Office of the City Clerk. Alderman Jordan moved to approve the Consent Agenda as read. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. UNFINISHED BUSINESS: None NEW BUSINESS: Legacy LLC Cost-Share Agreement — Deane Soloman Road: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Legacy, LLC in the amount of $22,528.78 for the upsizing of approximately 1282 feet of 8" water main to a 12" water main: and approving a contingency in the amount of $3,379.32. City Attorney Kit Williams read the ordinance. Alderman Cook: These cost shares that we are looking at are smart money items. As we prepare for future growth we have started to put the infrastructure in and this is less expensive than it would be otherwise. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521 .7700 (479) 575-8257 (Fax) access fayettevi I le.o rg • • City Council Meeting Minutes September 20, 2005 Page 4 of 14 City Attorney Kit Williams read the ordinance. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4758 as Recorded in the Office of the City Clerk. Legacy, LLC Cost-Share Agreement — Deane Soloman Road: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Legacy, LLC in the amount of $ 19,200.02 for the upsizing of approximately 1538 feet of 8" water main to a 12" water main: and approving a contingency in the amount of $2,879.98 . City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4759 as Recorded in the Office of the City Clerk. C-2 Projects, LLC Contract: A resolution approving a construction contract with C-2 Projects, LLC in the amount of $ 1 ,287,211 .25 for the North College Waterline Replacement Project; approving a 10% project contingency in the amount of $ 128,000.00; and approving a budget adjustment in the amount of $444,941 .25 for same. Alderman Cook moved to approve the resolution. Alderman Jordan seconded the motion. Upon roll call the resolution passed unanimously. Resolution 196-05 as Recorded in the Office of the City Clerk. Favetteville Municipal Property Owners Improvement District # 7 — Timber Trails: An ordinance to Establish and Lay Off Fayetteville Municipal Property Owners' Improvement District # 7 — Timber Trails. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes September 20, 2005 Page 5 of 14 City Attorney Kit Williams read the ordinance. 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 during the vote. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Rhoads was absent during the vote. Ordinance 4760 as Recorded in the Office of the City Clerk. Fayetteville Municipal Property Owners Improvement District # 8 — Belclaire: An ordinance to Establish and Lay Off Fayetteville Municipal Property Owners' Improvement District # 8 — Belclaire City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Marr seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Marr seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4761 as Recorded in the Office of the City Clerk. ' VAC 05-1651 (Petrino/Prince, 362/363): An ordinance approving VAC 05- 1651 submitted by Ed Prince for property located at 3041 and 3043 Marigold Drive, vacating a portion of a utility easement as indicated on the attached map and legal description. City Attorney Kit Williams read the ordinance. Alderman Jordan: Is a wall being built on a City easement? 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) access fayette vi I le.o rg • • City Council Meeting Minutes September 20, 2005 Page 6 of 14 Jeremy Pate: That is correct. It is a retaining wall that extends into the utility easement. Alderman Jordan stated he is concerned about vacating City easements to accommodate a developer. He would like to tighten this up in the future so this sort of thing will not occur. How does this happen? Jeremy Pate: We don' t typically require a survey for a single family or a two family dwelling, as long as the site plan meets the building setbacks and utility easements that is what we are going to approve and expect them to build. A discussion followed on the easement. Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams rend the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4762 as Recorded in the Office of the City Clerk. North Street Church of Christ: An ordinance rezoning that property described in rezoning petition RZN 05- 1649 for approximately 16.61 acres located at Mt. Comfort Road from RSF-4, Residential Single Family, 4 units per acre to P- 1 , Institutional. City Attorney Kit Williams read the ordinance. Alderman Lucas and Jordan stated they have not received any calls regarding this issue. Alderman Marr: Was there any other alternate other than this P- 1 zoning because it does give a lot more allowances than the conditional use process would. Jeremy Pate: We did take a look at that; this was approved by the Planning Commission with conditions. There is extremely limited signage within the RSF-4 zoning district. A discussion followed on the zonings and conditional use. Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams rend 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 unanimously. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi Ile.org • City Council Meeting Minutes September 20, 2005 Page 7 of 14 City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Alderman Thiel, Rhoads, Ferrell, Lucas, Jordan and Reynolds voting yes. Alderman Cook and Marr voting no. Ordinance 4763 as Recorded in the Office of the City Clerk. 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. City Attorney Kit Williams read the ordinance. This Ordinance was left on the First Reading. 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. City Attorney Kit Williams read the ordinance. This Ordinance was left on the First Reading. Amend &161.25 Planned Zoning District: An ordinance amending § 161 .25 Planned Zoning District to allow all use units identified in § 162 Use Units of the Unified Development Code to be made available as permitted uses within all Planned Zoning Districts. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the changes. Alderman Ferrell stated he liked this idea. Alderman Marr stated he agreed. Alderman Marr moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Marr moved to suspend the rules and go to the third and final reading. Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfavetteville.org • • City Council Meeting Minutes September 20, 2005 Page 8 of 14 City Attorney Kit Williams read the ordinance. Alderman Lucas: If this is approved and someone comes forward with a PZD and they want some use in it that staff does not feel is appropriate can the Council approve it? Jeremy Pate: They can approve it or deny it. It is not the typical use by right. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4764 as Recorded in the Office of the City Clerk. Chanter 50 Garbage and Trash Amendment: An ordinance amending Chapter 50: Garbage and Trash of the Code of Fayetteville, to allow for annual rate adjustments for residential service, based upon the Consumer Price Index (CPI) as published by the U.S . Department of Labor. City Attorney Kit Williams read the ordinance. Mayor Coody: If we just go up every few years on our rates then we have to go up a big jump and we fall a little behind each year. By doing the CPI adjustments we are just keeping up with inflation. Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 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 unanimously. City Attorney Kit Williams read the ordinance. Alderman Marr: With energy prices with gas prices adjusting on a short term basis, we have seen gas go up and come down. What impact does that have on this annual rate? Gary Dumas: It is included in the CPI. The method that we have been using is taking the first six months of each year and applying that CPI during the budget session for an effective date on January 1 . All those fuel rate increase would be included but they would be behind by six months or so. Alderman Marr: So it is a longer time frame versus a monthly look. So it doesn't adjust it, inflate it up and not look at it again for 12 months? Gary Dumas : No. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4765 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayeac vi I le.o rg • • City Council Meeting Minutes September 20, 2005 Page 9 of 14 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. City Attorney Kit Williams rend the ordinance. Jeremy Pate stated this is the first master development plan, planned zoning district that the Council has seen that has not been before the Planning Commission. Planning staff is recommending approval. Jeremy gave a brief description of the project. Jeremy stated there are some conditions of approval. Alderman Lucas: Could this land be subdivided? Jeremy Pate: Planning area two and three could not be subdivided unless they come back before this Council with an amendment to the zoning or by bringing a planned zoning district. Planning area one could be subdivided. Alderman Marr: Has this been presented to a Ward 4 meeting? Jeremy Pate: There has been a neighborhood meeting. Alderman Jordan : We did talk about this at the Ward 4 meeting and there were a few concerns. Outside music was a problem for some of the residents. The traffic was somewhat of a concern and if they would have liquor license. Some of the concerns that I have are the water pressure. Will this take water pressure away from residents? Jerry Kelso, Crafton, Tull and Associates: This will only use a small amount of water and should be alright. Alderman Jordan: Most of the emails I have received have been relatively positive. Are they going to preserve some of the land? Jeremy Pate: Tree preservation. A discussion followed on when the barn was built on the property that it was not going to be used for any other use. They also discussed how this property has been used in the past. Alderman Thiel said there are some good things about this project, but she has received several letters and comments. Alderman Reynolds voiced his concern about some of the activities that have been taking place on the property. John Williams stated he would not be against just a bed and breakfast but he is concerned with other uses of this property. He is concerned about the increase in traffic and the expansion of the roads to that neighborhood. He gave the Council a list of his concerns. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi l le.org • • City Council Meeting Minutes September 20, 2005 Page 10 of 14 William Landolt stated he is opposed to this proposal . He is concerned about the traffic. He is concerned about the areas that are not to be developed that those areas may be rezoned by a future Council . He is also concerned about the cutting of trees that has occurred and the erosion caused from rain. William Feldman commended the Archers for their commitment to preserve the integrity of the property. He stated he is concerned about the number of people that might be using this commercial facility. He is concerned about the impact this will have to the residential neighborhood in terms of traffic and noise. He is concerned about the zoning change because it goes with the land not the owner; he asked if a subsequent owner could change the restaurant to a bar. Albert Skiles, Architect for the project stated he appreciated the concerns. He stated the Archers have owned this property since the 1900' s. He stated this is an opportunity to preserve a part of history for Fayetteville by preserving this house. He stated the Archers have had many offers to subdivide this property and have potentially hundreds of houses there. He stated this is a giant park in the middle of Fayetteville. He said they have had meetings with the neighbors and the input has been taken into account. He said there will be a remote parking lot that will not be seen when you enter. The PZD defines what will be there. Alderman Jordan : How much of the property is already RSF-4? Jeremy Pate: 49. 1 acres are currently zoned RSF-4 and 22.9 acres are zoned R-A. Edward Hejtmanek a resident of Markham Road: There are good things about the project and I would like to see the area on top of Markham Hill left in tact. The traffic problem in the area is a concern of his. Felicia Farris a resident of Sang Avenue: She voiced her concern about the traffic and the types of events that could occur on this property. She is concerned about the noise this could produce and the hours the property would be open to the public. Ethel Simpson said she is uneasy about what they might change. She is also concerned about the noise. Alderman Jordan: Jeremy, I would like to know if this development goes in about how much traffic you think it will generate versus if the 50 acres are developed at RSF-4 how much traffic that would generate. Alderman Thiel: There are two parcels that are indicated as no development and being left R-A, in the future without that being in a conservation easement what is the ability of future or current owners coming before the Council and asking for a zoning change. Jeremy Pate: A zoning runs with the land so if it were sold they would be bound to the same restrictions that this Council approved. They would have to come back to the City Council. Alderman Thiel: There is no assurance that those two areas will be preserved in perpetuity? Jeremy Pate: There is no conservation easement, but even those things the City Council can decide that an easement is no longer appropriate. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Far) nccessfayetteville.org