HomeMy WebLinkAbout2005-12-06 - Agendas - Final Aldermen
Mayor Dan Coady • Ward I Position I - Robert Reynolds
aye
�g Ward I Position 2, - Brenda Thiel
City Attorney Kit Williams �p `� 7 Ward 2 Position 1 - Kyle B. Cook
/4`'/� 1 Ward 2 Position 2 - Don Marr
Ward 3 Position 1 - Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
December 6, 2005
A meeting of the Fayetteville City Council will be held on December 6, 2005 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Firewise Awards Presentation
Snow Bird Lithograph Presentation
A. CONSENT:
1. Approval of the October 18, 2005 City Council meeting minutes.
APPROVED.
2. Purchase of Two 40 Yard Compactor Units — Solid Waste: A resolution approving a
budget adjustment in the amount of $46,920.00 for the purchase of two (2) 40-Yazd
Compactor Units for use by the Solid Waste & Recycling Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 225-05,
3. Nock Investments, LLC Change Order: A resolution approving a change order to the
cost-share agreement with Nock Investments, LLC in an amount not to exceed
$46,861 .31 for improvements to the intersection of Persimmon Street and Rupple Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 226-05,
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4. Lake Fayetteville Preservation Agreement: A resolution to approve an agreement for
preservation and use of the northeastern portion of Lake Fayetteville Park.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 227-05,
5. Fayetteville Public Schools Lease Agreement: A resolution to approve the joint lease
agreement with the Fayetteville School District.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 228-05,
6. Renaming of Ozark Avenue as Mcllroy Avenue: A resolution renaming Ozark
Avenue as Mcllroy Avenue from Dickson Street to Fairview Street.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 229-05,
7. SBC Communication Easement: A resolution granting an casement to SBC
Communication to install new communication equipment and an associated underground
line located on city owned property north of Township Street.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 230-05.
8. Air Works Heating and Cooling Replacement Contract: A resolution awarding BID
# 05-66 to Air Works, a division of Multi-Craft Contractors, Inc. and approving a
contract in the amount of $ 126,208.00 for Phase II HVAC renovation at the Police,
Courts Building; approving a project contingency in the amount of $ 12, 620.00; and
approving a budget adjustment in the amount of $ 138,828.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 231-05,
B. UNFINISHED BUSINESS:
1. 2006-2010 Proposed CIP Adoption: A resolution adopting the proposed 2006-2010
(CIP) Capital Improvements Program. This item was tabled at the November 15, 2005
City Council meeting to the December 6, 2005 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 232-05,
2. 2006 Proposed Annual Budget Adoption: A resolution adopting the proposed 2006
Annual Budget and Work Program. This item was tabled at the November 15, 2005
City Council meeting to the December 6, 2005 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 233-05.
3. Mission Boulevard and Lafayette Street Rezoning Study: A resolution to refer a
rezoning study and possible rezoning amendment of the Mission Boulevard and
Lafayette Street area to the Planning Commission. This item was tabled at the
November 15, 2005 City Council meeting to the December 6, 2005 City Council
meeting.
THIS ITEM WAS TABLED INDEFINITELY.
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4, RZN 05-1754 The Heights at Park West: An ordinance rezoning that property
described in rezoning petition RZN 05- 1754 for approximately 26.28 acres located at
the south east corner of Highway 112 and Deane Solomon Road from R-A, Residential-
Agricultural to RSF-4, Residential Single Family, 4 units per acre. This item was left
on the second reading at the November 15, 2005 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4797,
C. NEW BUSINESS:
1. Seven Hills Homeless Shelter Emergency Shelter: A resolution to approve a year long
agreement with Seven Hills Homeless Board and the Yvonne Richardson Center Board to
allow use of the Richardson Center by Seven Hills as an emergency shelter during cold
weather.
THIS ITEM WAS ADDED AT THE CITY COUNCIL MEETING, PASSED
AND SHALL BE RECORDED AS RESOLUTION NO, 234-05,
2. Jim Lindsey Property Contract: A resolution to approve a contract with Jim Lindsey
and Lindsey Management Company, Inc. to maintain the status quo on his approximately
6.9 acres located east of Mission Boulevard and south of Maple Street.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 235-05,
3. Fayetteville Public Schools Water Main Cost Share: An ordinance waiving the
requirements of formal competitive bidding and approving a cost-share with the
Fayetteville School District in the amount of $45,395.00 for the upsizing of
approximately 1235 feet of 8" water main to a 12" water main; and approving a
contingency in the amount of $6,800.00.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4798.
4. Council on Aging Contract: An ordinance waiving the requirements of formal
competitive bidding and approving a contract between the City of Fayetteville Arkansas
and the Council on Aging in the amount of Fifty Thousand Dollars ($50,000.00) to
provide public recreation services for the senior citizens of Fayetteville for 2006.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4799,
5. Youth Center, Inc. Contract: An ordinance waiving the requirements of formal
competitive bidding and approving a contract between the City of Fayetteville, Arkansas
and the Fayetteville Youth Center, Inc. in the amount of two hundred fifty thousand
dollars ($250,0000.00) to provide public recreation services for the youth and citizens of
Fayetteville for 2006.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4800.
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6, ADM 05-1657 (Mt. Sequoyah South Rezoning): An ordinance rezoning that property
described in Rezoning Petition RZN 05- 1657 and shown in Exhibit "A" generally located
north of Huntsville Rd., cast of Willow Ave., south of Rock St., and west of Lyton Ave.,
from RMF-24 Residential Multi-Family 24 Units Per Acre to RSF-8 Residential Single
Family 8 Units Per Acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE
AND TABLED TO THE JANUARY 3, 2006, CITY COUNCIL MEETING.
7. Dover, Kohl and Partners Contract: A resolution awarding a contract in an amount
not to exceed $225,000.00 to Dover, Kohl and Partners to facilitate a public participation
process for the City Plan 2025; approving a contingency in the amount of $25,000.00;
and approving a budget adjustment in the amount of $250,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 236-05.
8. ANX 05-1838 (South Rupple Road Island): An ordinance to annex into the City of
Fayetteville, Arkansas several parcels completely surrounded by the incorporated limits
of Fayetteville and the City of Farmington, Arkansas.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4801,
9. VAC 05-1784 (Four Seasons Sunrooms): An ordinance approving VAC 05- 1784
submitted by Four Seasons Sunrooms for property located at 1586 East Amber Drive
vacating a utility easement as indicated on the attached map and legal description.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4802,
10. Amend § 51.137 Monthly Sewer Rates: An ordinance to amend § 51 . 137 of the Code
of Fayetteville by lowering the sewer rate charged for Elkins, Arkansas and postponing
the scheduled system wide rate increase for four months.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE,
11. C-PZD 05-1610 (East Square Redevelopment): An ordinance establishing a
Commercial Planned Zoning District titled C-PZD 05- 1610, East Square Development,
located at the north west corner of Mountain Street and College Avenue, containing
approximately 1 .01 acres; amending the Official Zoning Map of the City of Fayetteville;
waiving any possibly conflicting development ordinances; and adopting the Associated
Planned Zoning District.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
12. Bossier Construction Contract: A resolution approving a contract with Bossier
Contracting, Inc. in the amount of $254,600.00 to remodel the terminal building at the
Fayetteville Municipal Airport; approving a 10% project contingency in the amount of
$25,460.00; and approving a budget adjustment in the amount of $40,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 237-05,
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13. Telecommunications Board Appeal (Government Channel Taping): A request to
appeal a Telecommunications Board decision to deny approval of a formal request made
to the Government Access Television channel to videotape and cablecast a local
government meeting that meets FOIA criteria.
THIS APPEAL WAS DENIED BY THE CITY COUNCIL.
Meeting adjourned at 9:05 p.m.
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City Cogneil Meeting December 6, •5
Subject.
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City Ccuncil Meeting December 6,•5 •
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FAYETTEALLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DAN COODY, MAYOR
MEMORANDUM
TO: Sandra Smith, City Clerk
r
FROM : Ray M. Boudreaux, Director, Aviation 4nomic Development
DATE: November 18, 2005
SUBJECT: Snow Bird Lithograph Presentation December 6, 2005 Council Meeting
The Arkansas Air Museum requests to present to the City Council and the Mayor a Framed
Lithograph of the Canadian Forces Snow Birds which was presented during their visit in
October. The presentation will be made by Rick McKinney, President of the Museum Board and
Derald Linn, Museum Director. Their request is for the December 6, 2005 City Council Meeting
and will take 3 minutes. Mayor Coody has approved this presentation.
Aviation and Economic Development Department
Fayetteville Municipal Airport, Drake Field
4500 South School Avenue, Suite F
Fayetteville, Arkansas 72701
Ray M. Boudreaux, Director
City Council Meeting Minutes
October 18, 2005
Pagel of 22
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
City ornc y Ward 2 Position 2 - Don Marr
Cit Clerk Sondra Smith Tayve
Y Ward 3 Position I - Robert K. Rhoads
y Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City of Fayetteville Arkansas
City Council
Meeting Minutes
October 18, 2005
A meeting of the Fayetteville City Council was held on October 18, 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, Jordan, Mayor
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Lucas
Pledge of Allegiance
CONSENT:
Airport Disadvantaged Business Program: A resolution to accept and approve the updated
Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) program participation
goals for FY2006.
Resolution 102-05 as Recorded in the Office of the City Clerk.
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.
Resohrtion 203-05 as Recorded in the Office of the City Clerk.
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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.
Resolution 204-05 as Recorded in the Office of the City Clerk.
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.
Resolution 205-05 as Recorded in the Office of the City Clerk.
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.
Resolution 206-05 as Recorded in the Office of the City Clerk.
Alderman Jordan , moved to approve the Consent Agenda. Alderman Reynolds seconded
the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent.
UNFINISHED BUSINESS :
2005 Millage Lew: 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.
Alderman Marr moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Thiel: Since we have discussed the Library funding in conjunction with the two new
mils, if we do choose to support that it is with the idea that the Library will request a special
election for additional millage and then we can discuss dropping the millage we are currently
discussing. It is myunderstanding that they need 2.5 mils.
Alderman Thiel moved to increase the 2.0 mils to 2.5 mils with the understanding that the
Library will seek a special election to support this. Alderman Jordan seconded the motion.
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City Council Meeting Minutes
October 18, 2005
Page 3 of 22
Alderman Marr: The property millage information in our package does not allocate this to a
specific project; it is for the General Fund, is your amendment allocated specifically for the
Library and contingent on the library property millage vote?
Alderman Thiel: 1 don ' t think we can do that.
Kit Williams, City Attorney: This millage is part of the five general mils that are authorized
under the constitution for operating general expenses. You can as part of your budget process
put your funds where you want to in the General Fund but I don 't think you can limit these
particular mils to any particular project.
Mayor Coody: One of the things that we went over at one of our agenda meetings was
exploring our expenses and our revenues. It has been apparent over the last several years that
70% of our growth and expenses have been to the Fire and Police Departments. So, if we pass
this millage it would be basically to make up the short fall that we have experienced. Should we
approve these two mils that would help cover the short fall?
Steve Davis, Finance and Internal Services Director: The City Attorney is correct in that the
mils would not be designated for any particular purpose. The only time the City has to my
knowledge passed any discretionary mils for a specific purpose was when we passed two mils
for one year directed to the Senior Center; we did that to assist in the construction cost of the
Senior Center. Since these are general operating mils and the library transfer comes out of
general revenues for the City it would be staff s recommendation to not designate it for any
particular purpose but to use that money to essentially balance the General Fund' s budget. In the
September budget briefing we predicted about a $2.2 million deficit.
Alderman Jordan: So if we pass the 2.5 mils it's like it goes into a big pie and then the Council
decides at budget time how we slice up the pie?
Steve Davis: That is correct.
Alderman Thiel: The reason that I proposed this is because I think the public thinks this
millage will fund the Library. The Library has said all along that they are going to need 2.5 mils
if they go to a vote of the people.
Steve Davis: if the Library expenditures were removed from the General Fund we would not
necessarily need any millage to balance the budget in 2005 or 2006.
Alderman Thiel: I think the only way the public can really feel comfortable that this millage is
being dedicated is if they vote for it.
Elsa Isaacs stated she is following this but it does not coincide with what was in the Times. She
stated she is in favor of the Library millage going to a vote of the people. She wants the Library
to get its finances through the elected officials at the City. She voiced her concern about citizens
that live on social security not being able to afford an increase.
A discussion followed on the millage increase.
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Page 4 of 22
Alderman Reynolds: Are people over 65 exempt from this millage increase?
Kit Williams : They are not exempt and I don't think we can insert that.
Alderman Marr: Is the half mil issue related to the Library financing because the packet that
the staff put forward certainly took into account what we spend on the Library and their
recommendation was 2.0 mils. So to get here tonight and have it be 2.5 mils after the staff made
a recommendation of 2.0 mils, using the argument in our first meeting about the Library, 1 have a
concern about. I just want to understand why that half mil was not originally presented.
Steve Davis: We looked at the two mils because when we are doing the General Fund forecast,
from our financial planning point of view if we can get an adopted budget within $500,000 of
break even we consider that to be essentially balanced because we know we are not going to
spend the full budget.
Alderman Marr: If the library goes to a vote with 2.0 mils not 2.5 mils what impact does it
have?
Steve Davis : There would be a half mil more revenue generated for the Library at 2.5 mils than
2.0 mils would generate for the City.
Mayor Coody: We think the Library can suffice with 2.0 mils, they think they need 2.5 mils?
Steve Davis: I can not speak to what they believe they need. The revenue streams that we have
we think that for the General Fund budget all we need to ask for is 2.0 mils. The Library has
reviewed their financial condition and they think 2.5 mils will meet their needs. They only have
one revenue source which is millage, we have multiple.
Louise Schaper, Library Director: We get funding from both the General Fund and the Capital
Fund that is the difference. The other piece of that equation is that when you start collecting
millage you don't see all of it for several years and there is also the payment you make to the
assessor.
Alderman Marr: What is the dollar amount from CIP?
Louise Schaper: $280,000 is scheduled for this year and $298,000 for next year.
Alderman Marr: Please explain the difference in the City collecting this mil and using it in the
Library in terms of reserved funds.
Louise Schaper: If you were to approve this discretionary mil it would not begin collection
immediately, it would begin collection the following year, which would be 2006. If it were to be
approved by the voters it would be 2007 before collection could begin. The tax bill is not due
until October so those funds would not be received until November. We couldn't budget those
funds in that first year because they would not be coming in until the end of the year that would
be 2008. In addition when you begin to start collecting mils and you are an entity that has never
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City Council Meeting Minutes
October 18, 2005
Page 5 of 22
received any income from property tax, you do not see all of what you would expect to see in the
first few years.
Alderman Ferrell: My feeling is that the City has a wants list and a needs list and we get them
mixed up. I think decisions need to be made that sometimes aren't popular about spending. I
think rather than raise taxes we need to start cutting spending. 1 think we could go for five mils
tonight and it would all be spent.
Mayor Coody: It is easy to say that we need to cut spending; we have seen the numbers and the
budgets. Have you brought forward a suggested list of cuts to make?
Alderman Ferrell : Why don't I come to your office and I will mark through some items.
Mayor Coody: Sure. It has taken leadership to make sure we can operate as well as we have
been operating and we have been collecting zero property mils for operations and maintenance in
the City for years. We collect the least sales tax of any City in Northwest Arkansas. So I think
that we have been doing very well with the quality of City services that we provide with the
absolute least tax bite of any City in Northwest Arkansas. I think this staff, Council and
administration has shown good leadership when it comes to handling public money, very well.
We will be glad to look at it and you can bring your suggested cuts back to the Council for them
to consider.
Alderman Ferrell: Okay
Alderman Marr: 1 would like to know the difference of the 2.0 mil and the 2.5 mil . 1 would
like to see the numbers that explain the 2.5 mils. I am not comfortable supporting the 2.5 mils
tonight.
Alderman Thiel withdrew her motion to increase the mils from 2.0 mils to 2.5 mils.
Alderman Jordan agreed to withdraw his second.
Alderman Marr: I understand Alderman Ferrell's comments about our fiduciary responsibility.
I also think we have a responsibility to not have all of our eggs in one basket. I think we have
the responsibility to diversity our revenue. I do think it is important that we begin to talk about
property tax as a revenue stream.
Mayor Coody: I think if we collected the same property tax and sales tax that the next lowest
taxing City charges that would be an additional $7 million dollars a year to the City.
Alderman Marr moved to table this ordinance until the October 27, 2005 Special City
Council meeting. Alderman Jordan seconded the motion. Upon roll call the motion passed
7-0. Alderman Lucas was absent.
This ordinance was tabled to the October 27, 2005 Special City Council meeting.
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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.
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
Lucas was absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning gave a brief update of the project and the
conditions of approval.
Alderman Reynolds: Is this restaurant going to serve liquor.
Albert Skiles, Architect: I don't know.
A discussion followed on the closing time of the restaurant and the conditions of approval .
Alderman Thiel moved to amend the ordinance to state the hours of operation will be from
7:00 AM to Midnight. Alderman Jordan seconded the motion.
Alderman Marr: I would like to hear the public comment because we may hear things that may
make us support or not support the amendments.
Jerry Kelso Crafton, Tull and Associates discussed the project and what the charge of the City
Council is regarding this. He stated the current zoning would allow 207 dwelling units and
possibility 288 units. He stated the current zoning would allow 1 ,981 vehicle trips per day the
PZD would allow 446 units which is a much less impact. He also stated the water impact would
be less with this PZD than as it is currently zoned.
Terry Hunt stated he has known the Archers for years and can be trusted to do what they say
they are going to do.
Lynn Wade stated he hoped this would be tabled tonight so they can get some answers to their
questions. He stated they are concerned about a commercial activity in a residential area with
alcohol and with an event bam. He stated they are also concerned about the amount of traffic
this project might create.
A discussion followed on tabling the ordinance until the next City Council meeting.
Felicia Farris stated she would like to see an earlier end time on weekends to the hours of
operation. She would rather not have the restaurant and alcohol. She also stated the road is
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narrow. She said a bed and breakfast and limited use of the barn would be acceptable but not the
restaurant.
Mary Bassett stated she has known the Archers and represented them during the past year and a
half. She stated the land has been in the family since the 1900' s. She stated it would be very
easy to sell this property. She thinks this project would be a wonderful addition to Fayetteville.
She supports the project. She also stated the Archers have had high integrity since she has
worked with them.
Fran Alexander stated she and her daughter own some adjoining property. She asked if the
public could ask for a down zoning on this in the future.
Kit Williams : I don't think the public could, the City Council has the right to rezone property.
Until it could be rezoned the property would have to remain as described in the master planning
document. They must follow what is on the site plan and all the conditions of approval, if they
did sell it they would have to sell it to someone that would want to do the exact same thing.
Fran Alexander: Would it be possible if the neighbors petitioned the Council to down zone it
back to residential?
Kit Williams: There would be a problem 1 think to do that.
Fran Alexander: Are the cabins on septic now?
Albert Skiles: The existing cabins are not going to be there any more.
Jerry Kelso stated everything would tie onto the sewer line.
William Feldman voiced his concern about this commercial property in this neighborhood. He
stated his concern about the traffic. He also voiced his concern about the possible noise.
John Williams asked about the questions he has on the property and when he will get the
answers to the questions.
Jeremy Pate: We are working on getting that information together.
John Williams stated there are two bams on the property.
Albert Skiles summarized some of the issues and concerns that have been brought up. He stated
the Planning Department has approved this project. He gave a brief history of the project. He
stated approval of this is just approving the concept; it still has to go to the Planning
Commission.
Alderman Thiel withdrew her motion to amend the ordinance to state the hours of
operation will be from 7:00 AM to Midnight. Alderman Jordan withdrew his second to the
motion.
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Alderman Marr moved to table this ordinance until the November 1 , 2005 City Council
meeting. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0.
Alderman Lucas was absent.
This ordinance was tabled to the November 1, 2005 City Council meeting,
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.
Alderman Rhoads moved to table this ordinance indefinitely. Alderman Jordan seconded
the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent.
This ordinance was tabled indefinitely.
Fayetteville Depot, LLC Lease Agreement: A resolution approving a lease agreement with
Fayetteville Depot, LLC for property located at the northwest comer 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.
Sharon Jenkins, Parking and Telecommunications Manager: This is a lease agreement for
City staff to provide parking services on a piece of private property located at the corner of West
and Dickson Street. It has recently been resurfaced and turned into a 150 space parking lot.
Staff recommends that we provide the parking services in order to generate some revenue into
the parking fund and to provide some constituency with our parking regulations and the way that
we handle parking in that area.
Sharon Jenkins: The information that was passed out yesterday pertains to the paid parking
plan which is actually not directly related to this lease agreement but it will have an overall
impact once the whole plan is brought to the Council.
A discussion followed on the project.
Alderman Marr: I want to understand why we are tabling this. The packet that we received in
our mailbox speaks to the feedback from the residential program and the discussion that is taking
place on the overall downtown parking plan. The item on our agenda is our support or lack of
support for whetherwe want to manage a private owner' s parking lot. I think we are confusing
that the information we received in our mailbox relates to this. The piece that relates is the same
point that I brought up last Tuesday, there is one item in the contract that requires Lot 55 go to a
certain time frame that is the only item in this contract that relates to any information. There
actually is no information in this report that speaks to Lot 55. What is in this report is that
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we had a residential neighborhood meeting to solicit feedback on a residential parking program
and the issue around the downtown Dickson Street feasibility study that was done in partnership
with the University. I just want to be clear that 1 think they are distinctly different.
Alderman Jordan moved to table this resolution until the November 1 , 2005 City Council
meeting. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0.
Alderman Lucas was absent.
This resolution was tabled to the November 1 , 2005 City Council meeting.
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.
Alderman Thiel moved to table this ordinance until the November 1 , 2005 City Council
meeting. Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0.
Alderman Lucas was absent.
This ordinance was tabled to the November 1 , 2005 City Council meeting.
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.
Mayor Coody: In the packet there was information that made it seem the starting pay was
almost $31 ,000, that is the ceiling; it starts at $21 ,000 and goes to almost $31 ,000. 1 just wanted
to make that clear.
Sharon Jenkins: This position was not in the 2006 budget originally because staff thought we
were going to present this to the Council earlier this year with the paid parking plan. When we
heard wishes from the Council that they wanted to get more input on the parking program the
position was put on hold even though the residential piece was going to be a very important part
of what this position was going to help with. So we missed submitting this position with the
2006 budget. Regardless of any other plan we are currently losing revenue by not having this
position on the streets. We have a lot of time that we do not have someone on the street because
we have one full-time officer and one half-time officer that write parking citations, help the
general public, help with special events and they perform all the maintenance on all of our
equipment and cleaning of the parking lots. The loss of revenue will more than make up for the
salary and all the expenses that this position will generate. The bonus is that if we get this
position then we can move forward with the residential parking program which we had
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tremendous feedback from the residents in that area. Without this position we do not have the
staffing to provide that service.
Alderman Rhoads moved to table this resolution until the November 1 , 2005 City Council
meeting. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-1 .
Alderman Marr, Rhoads, Ferrell, Jordan, Reynolds and Thiel voting yes. Alderman Cook
voting no. Alderman Lucas was absent.
This resolution was tabled to the November 1, 2005 City Council meeting.
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.
Alderman Thiel moved to suspend the rules and go to the third and final reading.
Alderman Rhoads seconded the motion. Upon roll call the motion passed 7-0. Alderman
Lucas was absent.
City Attorney Kit Williams read the ordinance.
Alderman Marr: 'As owner of the Staffing Factor which is a temporary professional staffing
business it may be 'perceived as a conflict of interest since this would be a competitor, therefore
I am going to recuse.
Alderman Cook: ' In the C- 1 category they are eliminating eating places, gasoline service
stations, liquor stores and outdoor music establishments?
Jeremy Pate: That, is correct.
Alderman Cook: From your understanding this is all about that they just want a larger sign.
Jeremy Pate: That is my understanding.
Alderman Cook: The only comments that I have heard from people is that the street behind this
has residential houses. Does this Bill of Assurance go with the land?
Jeremy Pate: Yes.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Marr recused. Alderman Lucas was absent.
Ordinance 4778 as Recorded in the Office of the City Clerk.
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NEW BUSINESS:
Fayetteville Public Library Lona 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.
Alderman Thiel: Does the Library charge Washington County residents for a library card.
Since we are considering a millage that would directly relate to Fayetteville citizens, I think there
is a concern about citizens outside the City of Fayetteville not being charged a fee.
Louise Schaper, Library Director: There is an agreement in Washington County that we do
not charge anyone that lives in Washington County to use our library and the other libraries do
not charge for the use of their libraries.
Alderman Thiel moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution passed 7-0. Alderman Lucas was absent.
Resolution 207-05 as Recorded in the Office of the City Clerk.
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.
City Attorney Kit Williams read the ordinance.
Alderman Marr: I brought this forward. This allowed a person to bring forward a master
concept plan without going to the level of detail that our current PZD process required. This
change would still allow that option but would take it to the Planning Commission before it came
to the Council to discuss the laundry list of things that we have experienced in the Pratt Place
concept PZD. I would argue the architect's earlier point that by changing this we are sending it
back to a large investment on the front end because it is still a concept PZD which allows
individuals to talk in concept to get through these items to bring to the Council. It does not
require the level of design that the existing PZD process did. Since I was a vote in majority in a
5-4 split of the Council and have experienced something that 1 do not believe will save
developers time and doesn' t give citizens the same level of notice that is why I brought this
forward.
Jeremy Pate gave a brief description of the ordinance.
Alderman Cook: Thank you for bringing this back. That was one of my concerns initially. I
supported the concept design and I still support the concept PZD but 1 think we have learned
how beneficial the Planning Commission review is.
A discussion followed on the ordinance.
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Alderman Cook moved to suspend the rules and go to the second reading. Alderman Marr
seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent.
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 7-0. Alderman
Lucas was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-1 .
Alderman Marr, Rhoads, Jordan, Reynolds, Thiel and Cook voting yes. Alderman Ferrell
voting no. Alderman Lucas was absent.
Ordinance 4779 as Recorded in the Office of the City Clerk.
I
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.
City Attorney Kit Williams read the ordinance.
Steve Russ, FEDC gave a brief description of FEDC and information regarding Bio-Based
Technologies. A conference call was conducted with Tom Muccio of Bio-Based Technologies.
He stated they are a green company. He stated in the polyethylene market they are the best
alternative.
Alderman Ferrell thanked him for considering Fayetteville.
Chuck Chadwick an attorney spoke on behalf of some of the residents. He stated they had three
concerns, how will this affect the adjacent land owners specifically, they are all tax payers in the
City of Fayetteville how will this affect them as tax payers of the City of Fayetteville and can
they get a sewer easement through their property. He stated the City of Fayetteville has planned
a sewer and utility easement along the side of the railroad track that will end up at some of the
resident's property. He stated the owners of property in this area have contracts on their property
and he does not want this utility easement that will be reserved to harm the potential buyers of
property in that area.
Tom Muccio stated he believes their development will be an asset to the City of Fayetteville and
to the neighbors. He stated they are a green company and their intention is to make that a
showplace in terms of the campus. We think it will be an asset to the property owners. He stated
he thinks they will bring a lot of knowledge based jobs to the City as well as taxes in terms of
their development. He stated the easement will be determined once they work with their
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architects and lay out the campus. He stated their intent is to be the best neighbor that they could
possibly be to the adjoining land owners and that it is in their best interest to have the entire
corridor developed in way that is going to make the City of Fayetteville very proud.
Chuck Chadwick asked why the City would accept less than market value for the property.
Tom Muccio spoke of the company and the step they have taken to move to Fayetteville. He
also said he thinks the price the City of Fayetteville is recommending, based on the appraisal that
has been made on the property is a fair price.
Chuck Chadwick asked about the company and how it was formed. He also voiced his concerns
about the product that will be produced at the site. He stated his clients are concerned about the
type of products that will be produced at the facility which is next to his client' s property.
Terry Easton a resident of the area voiced her concern about the project. She reminded the
Council of a previous company that was located in this area in the past that was a problem to the
neighborhood. She stated she admires and looks forward to the opportunity to have
economically green businesses in our City. She stated it is necessary and the only way that our
country will survive. She stated she supports the University of Arkansas and the mission for
providing technology and resources to help these businesses grow. She asked several questions
about the project. She asked why this had to be located in the middle of a residential re-
development area that has suffered in the past from a blending operation.
Ron Woodruff an attorney opposed the offer and acceptance on behalf of his clients. He asked
about the product that will be produced on the site and how safe the product will be. He also
voiced his concern about the purchase price not being market value.
Ron Goforth stated he visits companies of this nature around the country. He stated this
approach of a knowledge based technology enterprise has a very substantial merit. He stated he
has done environmental impact assessments and social economic impact assessments. He stated
he has visited the facility in Rogers and there is a limited opportunity of anything going wrong.
He stated he feels this is exactly the type of company that we need to have in our City. He urged
the Council to move expeditiously on this and to not lose the opportunity that Bio-Based
represents.
Renee Thomas stated she is concerned about the City taking less than the appraised value. She
also stated there are lots of projects that have been started to revitalize that area but industrial
should not be one. She stated Bio-Based is great for Fayetteville but is in the wrong location.
Doris Treat asked if the storage tanks will be below or above ground. She also voiced her
concern about the use of the railroad for this project, the noise it will cause and the traffic that
will back up due to the train.
Mark Bickford stated he does not feel this facility needs to be built on this property because of
the train situation. He asked why they could not be located in the industrial park.
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