HomeMy WebLinkAbout2006-02-07 - Agendas - Final Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody i Ward I Position 2 - Brenda Thiel
Ward 2 Position 1 - Kyle B. Cook
City Attorney Kit Williams Ward 2 Position 2 - Don Marr
Ci Clerk Sondra SmithTayveile Ward 3 Position 1 - Robert K. Rhoads
City 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
February 7, 2006
A meeting of the Fayetteville City Council will be held on February 7, 2006 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 January 3 and January 17, 2006 City Council meeting minutes.
APPROVED.
2. Elm Springs Animal Sheltering Services: A resolution approving an inter-local
agreement between the City of Fayetteville, Arkansas and the City of Elm Springs,
Arkansas to provide animal sheltering services to the City of Elm Springs for 2006.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 15-06,
3. Goshen Animal Sheltering Services: A resolution approving an inter-local agreement
between the City of Fayetteville, Arkansas and the City of Goshen, Arkansas to provide
animal sheltering services to the City of Goshen for 2006.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 16-06,
4. Wittenberg, Delony & Davidson, Inc. — Fire Station #5 Design: A resolution
approving a contract in the amount of $70,000.00 with Wittenberg, Delony & Davidson
for design and oversight of the replacement for current Fire Station 95 .
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 17-06,
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5. Fire Station Construction Bond: A resolution of intent regarding the reimbursement of
certain costs and expenses incurred in connection with the acquisition, construction and
equipping of fire station improvements within the city.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 18-06.
6. Walker Park Sign - Right of Way Variance: A resolution approving a variance from
the Master Street Plan setback requirements to allow for the construction of an entrance
sign at Walker Park.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 19-06,
7. Arkoma Playgrounds & Supply: A resolution accepting a proposal in the amount of
$79,699.00 from Arkoma Playgrounds & Supply for the installation of new playground
equipment at the Yvonne Richardson Community Center.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 20-06.
8. Advertising & Promotion Commission: A resolution to approve an agreement with the
Fayetteville Advertising and Promotion Commission to collect and account for the 1 %
A&P Commission Hotel, Motel, and Restaurant Tax.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 21-06,
9. Code Compliance Site Clean-up: A resolution awarding Bid #06-CC01 to Robert
Evans in the amount of $25,000.00 to provide site clean-up services for the City Code
Compliance efforts.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 22-06.
10. Van Scoyoc and Associates Contract: A resolution approving a memorandum of
agreement with Van Scoyoc Associates in the amount of $84,000.00 to provide lobbying
services to the City of Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 23-06,
11. Dead Horse Mountain Bridge: A resolution expressing the willingness of the City of
Fayetteville to utilize Federal-aid monies for the replacement of structure No. 17332 over
the West Fork of the White River on Dead Horse Mountain Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 24-06,
12. Traffic Signal Morningside Drive: A resolution authorizing City staff to design and
construct a traffic signal at the intersection of 15'hStreet and Morningside Drive.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 25-06,
113 West Mountain 72701 (479) 521.7700 (479) 575-8257 (Fax)
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11. RZN 06-1854 (Nock/Broyles): An ordinance rezoning that property described in
rezoning petition RZN-06- 1854 for approximately 39. 11 acres located north of Weir
Road and east of Salem Road and Howard Nickell Road from R-A, Residential
Agricultural to RSF-2, Residential Single Family, 2 units per acre.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
12. Fayetteville Government Channel Policy: A resolution approving revisions to the
Fayetteville Government Channel Use and Programming Policy.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 27-06,
13. BMW Investments, LLC: An ordinance waiving the requirements of formal
competitive bidding and approving a cost-share agreement with BMW Investments, LLC
in an amount not to exceed $535,934.80 for the widening of Rupple Road adjacent to the
Clabber Creek Subdivision, Phases 3 , 4 and 5 .
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
14. Goodwin & Goodwin, Inc: A resolution approving a construction contract with
Goodwin & Goodwin, Inc. in the amount of $722,890.50 for water and sewer relocation
for highway improvements to Razorback Road; approving a project contingency in the
amount of $72,000.00; and approving a budget adjustment in the amount of $314,231 .00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 28-06.
15. Crossland Heavy Contractors Contract — Wedington Drive Water and Sewer
Relocation Project: A resolution approving a construction contract with Crossland
Heavy Contractors, Inc. in the amount of $ 1 ,591 ,426.20 for water and sewer relocation
for highway improvements to Wedington Drive; approving a project contingency in the
amount of $ 160,000.00, and approving a budget adjustment in the amount of
$252,837.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-06,
D. INFORMATIONAL:
City Council Tour: February 6, 2006 - 4:30 PM
Meeting adjourned at 11 :55 p.m.
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Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coady - Ward 1 Position 2 - Brenda Thiel
Ci[ Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
Y Y Tayve
jJWard 2 Position 2 - Don MartCit Clerk Sondra Smith ! . Ward 3 Position I - Rober K. Rhoads
Y ���MMMrrr Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
February 7, 2006
A meeting of the Fayetteville City Council will be held on February 7, 2006 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 presentation by James Estes of Wilson Estes Police Architects of Mission, Kansas will be
given on the recently completed Facilities Needs Assessment — Agenda Session Only
A. CONSENT:
L,1! Approval of the January 3 and January 17, 2006 City Council meeting minutes.
�_I. Elm Springs Animal Sheltering Services: A resolution approving an inter-local
agreement between the City of Fayetteville, Arkansas and the City of Elm Springs,
Arkansas to provide animal sheltering services to the City of Elm Springs for 2006.
U3'�Goshen Animal Sheltering Services: A resolution approving an inter-local agreement
between the City of Fayetteville, Arkansas and the City of Goshen, Arkansas to provide
animal sheltering services to the City of Goshen for 2006.
`4/. Wittenberg, Delony . & Davidson, Inc. — Fire Station #5 Design : A resolution
approving a contract in the amount of $70,000.00 with Wittenberg, Delony & Davidson
for design and oversight of the replacement for current Fire Station #5.
0fire Station Construction Bond: A resolution of intent regarding the reimbursement of
certain costs and expenses incurred in connection with the acquisition, construction and
equipping of fire station improvements within the city.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayettevi Ile.org
0 Y ;
i� Walker Park Sign - Right of Way Variance: A resolution approving a variance from
the Master Street Plan setback requirements to allow for the construction of an entrance
-/ sign at Walker Park.
17. Arkoma Playgrounds & Supply: A resolution accepting a proposal in the amount of
$79,699.00 from Arkoma Playgrounds & Supply for the installation of new playground
equipment at the Yvonne Richardson Community Center.
LV Advertising & Promotion Commission : A resolution to approve an agreement with the
Fayetteville Advertising and Promotion Commission to collect and account for the 1 %
A&P Commission Hotel, Motel, and Restaurant Tax.
K Code Compliance Site Clean-up: A resolution awarding Bid #06-CC01 to Robert
Evans in the amount of $25,000.00 to provide site clean-up services for the City Code
Compliance efforts.
L,1flr�Van Scoyoc and Associates Contract: A resolution approving a memorandum of
agreement with Van Scoyoc Associates in the amount of $84,000.00 to provide lobbying
services to the City of Fayetteville.
0.1. Dead Horse Mountain Bridge: A resolution expressing the willingness of the City of
Fayetteville to utilize Federal-aid monies for the replacement of structure No. 17332 over
the West Fork of the White River on Dead Horse Mountain Road.
tl-< Traffic Signal Morningside Drive: A resolution authorizing City staff to design and
construct a traffic signal at the intersection of 15`h Street and Morningside Drive.
B. UNFINISHED BUSINESS :
.,I, John D. Lindsey, LLC. Condemnation : A resolution authorizing the City Attorney to
seek condemnation and possession of certain lands owned by John D. Lindsey, LLC.
This resolution was tabled at the December 20, 2005 City Council meeting to the
January 3, 2006 City Council meeting. This resolution was tabled at the January 3,
2006 City Council meeting to the January 17, 2006 City Council meeting. This
resolution was tabled at the January 17, 2006 City Council meeting to the February 7,
2006 City Council meeting.
'V/. R-PZD 05-1776 Wedington Circle: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 05- 1776, Wedington Circle, located north of Wedington
Drive (Hwy 112 Spur) and west of Garland Avenue, containing approximately 6. 13
acres; amending the official zoning map of the City of Fayetteville; and adopting the
associated Master Development Plan. This ordinance was left on the Second Reading at
the January 3, 2006 City Council meeting. This ordinance was left on the Third
Reading at the January 17, 2006 City Council meeting. This ordinance was tabled at
the January 17, 2006 City Council meeting to the February 7, 2006 City Council
meeting.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayettevi Ile.org
,) C. NEW BUSINESS : •
tYBioBased Realty: An ordinance waiving the requirements of formal competitive bidding
and approving a contract for demolition services with BioBased Realty, LLC, BioBased
Technologies, LLC, and BioBased Systems, LLC, in exchange for a $ 17,000.00 credit
toward the purchase of the Water and Sewer Operations Center on Cato Springs Road.
L,,2� Duncan Associates — Road Impact Fees Study: A resolution to approve and adopt the
road impact fees study of October 24, 2005 by Duncan Associates.
L/ ' AMID 05-18419 05-1842, 05-1879 Hillside Overlay District: An ordinance amending
Title XV: Unified Development Code of the City of Fayetteville to amend various
sections of the code in order to implement hillside preservation and protection, establish a
Hillside Overlay District Zoning Boundary and Map, and adopt the Hillside Overlay
District Best Management Practices Manual.
le$^NX 06-1867 (Wales): An ordinance annexing that property described in annexation
petition ANX 06- 1867, CC2005-38, for property located at 2055 North Fox Hunter Road,
containing 1 .4 acres.
VR-PZD 05-1619 (Westbrook Village): An ordinance establishing a Residential Planned
Zoning District titled R-PZD 05- 1619, Westbrook Village, located at tracts 1 and 2 of the
original Salem Village P.U.D., containing approximately 1 .42 acres; amending the
official zoning map of the City of Fayetteville; and adopting the Associated Master
Development Plan.
RZN 06-1852 (Scholars Inn): An ordinance rezoning that property described in
rezoning petition RZN 06- 1852 for approximately 1 .74 acres located at 1125, 1137, 1153 ,
1189 north West End Avenue from RSF -4, Residential Single Family, 4 units per acre to
RMF-24, Residential Multi-Family, 24 units per acre.
RZN 06- 1868 (Chambers): An ordinance rezoning that property described in rezoning
petition RZN 06- 1868 for approximately .20 acres located at 347 North Willow Avenue
from RSF-4 Residential Single-Family , 4 units per acre to RSF-8, Residential Single-
Family, 8 units per acre.
jOrinS t,8! Smith 2 Way Tower Appeal: An appeal regarding the conditional permit submitted by
Michael Smith and Gary Cochran for Smith 2 Way Radio for property located at 520 N
QQCollege Avenue.
.,,.9/R-PZD 05-1735 Paddock Road Appeal: An ordinance establishing a Residential
Planned Zoning District titled R-PZD 05- 1735, Paddock Road, located southwest of the
intersection of Paddock Road and Happy Hollow Road; containing approximately 9.77
acres; amending the official zoning map of the City of Fayetteville, and adopting the
,(associated Master Development Plan.
tlJl. ANX 06-1853 (Nock/Broyles): An ordinance annexing that property described in
�7 annexation petition ANX 06- 1853 , for property located north of Weir Road and east of
Salem Road and Howard Nickell Road, containing approximately 39. 11 acres.
P/RZN 06-1854 (Nock/Broyles): An ordinance rezoning that property described in
rezoning petition RZN-06- 1854 for approximately 39. 11 acres located north of Weir
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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i
Road and east oSalem Road and Howard Nickell •d from R-A, Residential
Agricultural to RSF-2, Residential Single Family, 2 units per acre.
N2./Fayetteville Government Channel Policy: A resolution approving revisions to the
Fayetteville Government Channel Use and Programming Policy.
�MW Investments, LLC: An ordinance waiving the requirements of formal
competitive bidding and approving a cost-share agreement with BMW Investments, LLC
in an amount not to exceed $535,934.80 for the widening of Rupple Road adjacent to the
Clabber Creek Subdivision, Phases 3, 4 and 5.
1&4/Goodwin & Goodwin, Inc: A resolution approving a construction contract with
Goodwin & Goodwin, Inc. in the amount of $722,890.50 for water and sewer relocation
for highway improvements to Razorback Road; and approving a project contingency in
the amount of $72,000.00.
t 2 Cthrossland Heavy Contractors Contract — Wedington Drive Water and Sewer
Relocations Project: A complete information packet will be submitted at Agenda
Session.
� �D.. INFORMATIONAL:
' JA presentation by Rick Wilcox of NW Medical Transfer will be given on patient
40 transfers-Agenda Session Only.
+ A presentation by Hugh Earnest will be given on the continuation of the County wide
U (ambulance services - Agenda Session Only.
pCity Council Tour: February 6, 2006 - 4:30 PM
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
Aldermen
Ward I 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
eTayyflIe
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
ARNSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
February 7, 2006
A meeting of the Fayetteville City Council will be held on February 7, 2006 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 presentation by James Estes of Wilson Estes Police Architects of Mission, Kansas will be
a given on the recently completed Facilities Needs Assessment — Agenda Session Only
A presentation by Hugh Earnest will be given on the continuation of the County wide
ambulance services - Agenda Session Only
A. CONSENT:
J Approval of the January 3 and January 17, 2006 City Council meeting minutes.
,; Elm Springs Animal Sheltering Services: A resolution approving an inter-local
agreement between the City of Fayetteville, Arkansas and the City of Elm Springs,
Arkansas to provide animal sheltering services to the City of Elm Springs for 2006.
O/Goshen Animal Sheltering Services: A resolution approving an inter-local agreement
between the City of Fayetteville, Arkansas and the City of Goshen, Arkansas to provide
mal sheltering services to the City of Goshen for 2006.
Wttenberg,
Delony& Davidson, Inc. — Fire Station #5 Design : A resolution
approving a contract in the amount of $70,000.00 with Wittenberg, Delony & Davidson
for design and oversight of the replacement for current Fire Station #5 .
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
5. ,,Walker Park Sign-ight of Way Variance: A resolution approving a variance from
iZ the Master Street Plan setback requirements to allow for the construction of an entrance
sign at Walker Park.
a.
G6.
Duncan Associates — Road Impact Fees Study: A resolution to approve and adopt the
1[ t road impact fees study of October 24, 2005 by Duncan Associates.
`- Arkoma Playgrounds & Supply: A resolution accepting a proposal in the amount of
$79,699.00 from Arkoma Playgrounds & Supply for the installation of new playground
§/e uipment at the Yvonne Richardson Community Center.
Goodwin & Goodwin, Inc: A resolution approving a construction contract with
Goodwin & Goodwin, Inc. in the amount of $722,890.50 for water and sewer relocation
for highway improvements to Razorback Road; and approving a project contingency in
the amount of $72,000.00.
B. UNFINISHED BUSINESS:
John D. Lindsey, LLC. Condemnation : A resolution authorizing the City Attorney to
seek condemnation and possession of certain lands owned by John D. Lindsey, LLC.
This resolution was tabled at the December 20, 2005 City Council meeting to the
January 3, 2006 City Council meeting. This resolution was tabled at the January 3,
2006 City Council meeting to the January 17, 2006 City Council meeting. This
resolution was tabled at the January 17, 2006 City Council meeting to the February 7,
2006 City Council meeting.
R-PZD 05-1776 Wedington Circle: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 05- 1776, Wedington Circle, located north of Wedington
Drive (Hwy 112 Spur) and west of Garland Avenue, containing approximately 6. 13
acres; amending the official zoning map of the City of Fayetteville; and adopting the
associated Master Development Plan. This ordinance was left ot: the Second Reading at
the January 3, 2006 City Council meeting. This ordinance was left on the Third
Reading at the January 17, 2006 City Council meeting. This ordinance was tabled at
the January 17, 2006 City Council meeting to the February 7, 2006 City Council
meeting.
ode Compliance Site Clean-up: A resolution awarding Bid #06-CCOI to Robert
Evans in the amount of $25,000.00 to provide site clean-up services for the City Code
Compliance efforts.
D. NEW BUSINESS :
1 . BioBased Realty: An ordinance waiving the requirements of formal competitive bidding
and approving a contract for demolition services with BioBased Realty, LLC, BioBased
Technologies, LLC, and BioBased Systems, LLC, in exchange for a $ 17,000.00 credit
toward the purchase of the Water and Sewer Operations Center on Cato Springs Road.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
2. D 05-18419 0-842, 05-1879 Hillside Overlay District: An ordinance amending
Title XV: Unified Development Code of the City of Fayetteville to amend various
sections of the code in order to implement hillside preservation and protection, establish a
Hillside Overlay District Zoning Boundary and Map, and adopt the Hillside Overlay
,(District Best Management Practices Manual.
UANX 06-1853 (Nock/Broyles): An ordinance annexing that property described in
annexation petition ANX 06- 1853, for property located north of Weir Road and east of
Salem Road and Howard Nickell Road, containing approximately 39. 11 acres.
OOP-A 4 RZN 06-1854 (Nock/Broyles): An ordinance rezoning that property described in
rezoning petition RZN-06- 1854 for approximately 39. 11 acres located north of Weir
Road and east of Salem Road and Howard Nickell Road from R-A, Residential
Agricultural to RSF-2, Residential Single Family, 2 units per acre.
tsS� ANX 06-1867 (Wales): An ordinance annexing that property described in annexation
petition ANX 06- 1867, CC2005-38, for property located at 2055 North Fox Hunter Road,
containing 1 .4 acres.
t6 /' R-PZD 05-1619 (Westbrook Village): An ordinance establishing a Residential Planned
Zoning District titled R-PZD 05- 1619, Westbrook Village, located at tracts 1 and 2 of the
original Salem Village P.U.D., containing approximately 1 .42 acres; amending the
official zoning map of the City of Fayetteville; and adopting the Associated Master
Development Plan.
"N RZN 06-1852 (Scholars Inn): An ordinance rezoning that property described in
rezoning petition RZN 06- 1852 for approximately 1 .74 acres located at 1125, 1137, 1153,
1189 north West End Avenue from RSF -4, Residential Single Family, 4 units per acre to
RMF-24, Residential Multi-Family, 24 units per acre.
l8/: RZN 06-1868 (Chambers) : An ordinance rezoning that property described in rezoning
petition RZN 06- 1868 for approximately .20 acres located at 347 North Willow Avenue
from RSF-4 Residential Single-Family, 4 units per acre to RSF-8, Residential Single-
Family, 8 units per acre.
��Smith 2 WayTower Appeal d Neeresolution from'Ktt:or Jeremy Pate
i1o0. R-PZD 05-1735 Paddock Road Appeal: An ordinance establishing a Residential
Planned Zoning District titled R-PZD 05- 1735, Paddock Road, located southwest of the
intersection of Paddock Road and Happy Hollow Road; containing approximately 9.77
00 acres; amending the official zoning map of the City of Fayetteville, and adopting the
1d1,"py( associated Master Development Plan.
1p ���� . an Scoyoc and Associates Contract: A resolution approving a memorandum of
agreement with Van Scoyoc Associates in the amount of $84,000.00 to provide lobbying
services to the City of Fayetteville.
Fayetteville Government Channel Policy: A resolution approving revisions to the
Fayetteville Government Channel Use and Programming Policy.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
access fayettevi I I e.org
I ead Horse Mouni in Bridge: A resolution expressing tewillingness of the City of
Fayetteville to utilize Federal-aid monies for the replacement of structure No. 17332 over
the West Fork of the White River on Dead Horse Mountain Road.
,14. BMW Investments, LLC : An ordinance waiving the requirements of formal
competitive bidding and approving a cost-share agreement with BMW Investments, LLC
in an amount not to exceed $535,934. 80 for the widening of Rupple Road adjacent to the
Clabber Creek Subdivision, Phases 3, 4 and 5 .
15. raffle Signal Morningside Drive: A resolution authorizing City staff to design and
construct a traffic signal at the intersection of 151h Street and Morningside Drive.
S16. ire Station Construction Bond: A resolution of intent regarding the reimbursement of
certain costs and expenses incurred in connection with the acquisition, construction and
5 equipping of fire station improvements within the city.
E. INFORMATIONAL:
A presentation by Rick Wilcox of NW Medical Transfer will be given on patient
transfers - Agenda Session Only.
City Council Tour: February 6, 2006 - 4:30 PM
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DC- 81ti�
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetieville.org
FAYETTEALLE �
THE CITY OF FAYETTEVIEEF. ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGALDEPARTMENT
TO: Dan Coody, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: February 8, 2006
RE: Passed Ordinances and Resolutions from City Council meeting
of February 7, 2006
1, Elm Springs Animal Sheltering Services: Resolution approving
interlocal agreement between Fayetteville and Elm Springs to provide animal
sheltering services to Elm Springs for 2006;
2, Goshen Animal Sheltering Services: Resolution approving interlocal
agreement between Fayetteville and Goshen to provide animal sheltering services
to Goshen for 2006;
3, Wittenberg, Delony & Davidson, Inc. — Fire Station #5 Design:
Resolution approving contract in amount of $70,000.00 w/Wittenberg, Delony &
Davidson, Inc. for design and oversight of replacement for current Fire Station #5 ;
4. Fire Station Construction Bond: Resolution of intent regarding
reimbursement of certain costs and expenses incurred in connection w/acquisition,
construction and equipping of fire station improvements within the City;
5, Walker Park Sign — Right of Way Variance: Resolution approving
variance from Master Street Plan setback requirements to allow for construction of
an entrance sign at Walker Park;
0 0
6. Arkoma Playgrounds & Supply: Resolution accepting proposal in
amount of $79,699.00 from Arkoma Playgrounds & Supply for installation of new
playground equipment at Yvonne Richardson Community Center;
7. A & P Commission: Resolution approving agreement w/Fayetteville A &
P Commission to collect and account for the 1 % A & P Commission HMR tax;
8. Code Compliance Site Clean-up: Resolution awarding Bid #06-CC01 to
Robert Evans in amount of $25,000.00 to provide site clean-up services for City
Code Compliance efforts;
9. Van Scoyoc & Assoc. Contract: Resolution approving memorandum of
agreement w/ Van Scoyoc Assoc. in amount of $84,000.00 to provide lobbying
services to City of Fayetteville;
10. Dead Horse Mountain Bridge: Resolution expressing willingness of City
of Fayetteville to utilize Federal-aid monies for replacement of structure No.
17332 over the West Fork of the White River on Dead Horse Mountain Road;
11. Traffic Signal Morningside Drive: Resolution authorizing City staff to design
and construct a traffic signal at intersection of 15`h Street and Morningside Drive;
12. R-PZD 05-1776: Ordinance establishing Residential Planned Zoning
District, Wedington Circle, located north of Wedington Drive (Hwy. 112 Spur)
and west of Garland Avenue, containing approximately 6. 13 acres; amending
official zoning map of City of Fayetteville; and adopting associated Master
Development Plan;
13. BioBased Realty: Ordinance waiving requirements of formal competitive
bidding and approving contract for demolition services wBioBased Realty, LLC,
BioBased Technologies, LLC, and BioBased Systems, LLC, in exchange for a
$ 17,000.00 credit toward purchase of Water & Sewer Operations Center on Cato
Springs Road;
14. ANX 06-1867: Ordinance annexing property described in ANX 06- 1867,
for property located at 2055 N. Fox Hunter Road, containing 1 .4 acres;
15. RZN 06-1852 : Ordinance rezoning property described in RZN 06- 1852 for
approximately 1 .74 acres located at 1125, 1137, 1153, 1189 North West End
Avenue from RSF-4, Residential Single Family, 4 units per acre to RMF-24,
Residential Multi-Family, 24 units per acre;
2
16. Smith Two-Way Tower Appeal: Resolution granting appeal of Planning
Commission' s passage of Condition Use Permit 06- 1875, a request for a wireless
communications tower at 520 N. College Ave. to replace existing non-conforming
towers;
17. R-PZD 05-1735 Paddock Road Appeal: Ordinance establishing
Residential Planned Zoning District titled R-PZD 05- 1735, Paddock Road, located
southwest of intersection of Paddock Road and Happy Hollow Road; containing
approximately 9.77 acres; amending official zoning map of City of Fayetteville
and adopting associated Master Development Plan;
18. Fayetteville Government Channel Policy: Resolution approving
revisions to Fayetteville Government Channel Use and Programming Policy;
19. Goodwin & Goodwin, Inc: Resolution approving construction contract
w/Goodwin & Goodwin, Inc. in amount of $722,890.50 for water & sewer
relocation for highway improvements to Razorback Road; approving project
contingency in amount of $72,000.00; and approving a budget adjustment in
amount of $314,231 .00;
20. Crossland Heavy Contractors Contract — Wedington Drive Water &
Sewer Relocation Project: Resolution approving construction contract
w/Crossland Heavy Contractors, Inc. in amount of $ 1 ,591 ,426.20 for water and
sewer relocation for highway improvements to Wedington Drive; approving
project contingency in amount of $ 160,000.00 and approving budget adjustment in
amount of $252,837 .00.
3
Tracy K, Hoskins
Paradigm Development
3155 N. College, Suite 201
Fayetteville, AR 72703
(479) 571-1387
RE: Proposed Hillside Ordinance and Best Management Practices Manual
Dear City Council Members,
My comments about the new "Hillside Ordinance" are the same today as they were at the very first
meeting; "what we are crafting is not a hillside ordinance; this is a "View-shed Ordinance". As a
lifelong resident of Fayetteville, the President of an environmentally sensitive development company,
and an owner of many acres of property located within the proposed Hillside Overlay Zone, I am
opposed to the currently proposed draft of the new Hillside Ordinance. I view the ordinance as a "down-
zoning" in disguise.
Though not impossible to develop the hillsides as proposed, the criteria suggested limits my ability to
develop my properties to their fullest potential and puts me on an unfair playing field with those who
own similarly zoned properties in flatter areas. The new ordinance also adds undue expense (hardship)
in having to comply with some of the regulations. Extra expenses could include rock or concrete
stem/retaining walls, premium priced parking, elevators, unusual and costly drainage/detention, and
extra costs associated with compliance of the Americans with Disabilities Act. The notion that
"developers can comply with any ordinance if they throw enough money at it" is not acceptable. We
experience elevated cost issues with current ordinances.
I am specifically opposed to any ordinance that dictates or limits the way I design my houses or other
structures. To impose regulations in regard to "which way my roof should drain", or "what colors I am
to use" is not acceptable. Individual architectural preferences should be left solely in the hands of the
property owner. We should never try to dictate our individual or collective "taste" by ordinance. If the
"public" feels some sense of entitlement in regards to view-shed, my property is for sale and the
"public" should buy it. I admit that I am not pleased with some folks taste in architecture, however, it's
their property; theirs to do with what they will, as long as it causes no harm to the public at large. . .
Personal taste is not something that can be, nor should be, dictated by ordinance.
To specifically address some items in the "Best Management Practices Manual';
• Page 2, item 4. Again, this is part of a "View-shed Ordinance" and has nothing to do with
protecting hillsides.
• Page 2, item 6. Common ground is far from being achieved.
Page 3, "View-shed protection". As stated, this proves the obvious intent of the ordinance.
Page 3 "Do not stifle creativity or require a homogenous product". This ordinance does just that.
It regulates height, direction of roof drainage, and suggests particular architectural elements.
Pages 5 and 6 drawings. While this is all fine and well in theory, it potentially will not work in
the real world, and the costs could be financially economically unfeasible.
• Page 7. Any Hillside ordinance should be restricted to the definition of the term "hillside". Any
property that is not of 15% grade or greater should not be included in the "overlay". Grades
under 15% around town are not subject to the new ordinance. To include these more gradual
slopes, regardless of whether or not they are located "at the foot of', "or "on top of the hillsides
(greater than 15%), puts the property owner at a disadvantage with. other property owners and is
effectively "down-zoning" the property.
i Page 10. Foundations are to be designed by an engineer. Architects should be allowed to design
these foundations as well.
Pages 12 and 13. As stated on page 12, we currently have codes to govern "flatter ground" which
are adequate. This ordinance should be limited to 15% or greater.
• Page 14, item 1 . In some cases, a 20' street should be adequate and should be allowed in extreme
terrain situations. Item 2. If we are trying to limit clearing, why are we requiring a five foot
sidewalk when a three or four foot sidewalk is adequate? Exactly what is the green space
requirement between the sidewalk and the back of curb? .
• Page 18. Why does the ordinance require the installation of a five foot sidewalk? This paragraph
states that it is `required by the Americans with Disabilities Act". As we have been unable to
find this regulation, I ask that staff sight this regulation for me. Again, a five foot sidewalk only
creates the need for more clearing which is in conflict of the spirit of the ordinance.
• Page 19. "Encourage tree preservation areas on the rear of the lots so that they will screen the
home-site from the valley view-shed". Is this more of that "perceived ownership"? In many
cases, this would be impractical, if not impossible. It should not be left up to Staff to determine
the feasibility of this guideline on a case by case basis. Sometimes people create architectural
structures because they want them to be seen, and it is their First Amendment right to do so.
Page 21 . It states that a Developer who uses the PZD process should use the HBMP to "guide
their development". Does this mean the new ordinance is merely a suggestion? Would a hillside
development be approved if a Developer declines to implement the HBMP? I don't think so. Is
this ordinance mandatory or is it not? This page once again refers to views "from the valley
below".
• Pages 24 thru 27, pictures. Notice every picture is of a home that has been built for many years.
Do we have knowledge of whether or not most all the trees were removed during construction,
and time has replaced those trees?
• Page 28, picture. Notice in this picture that this house was obviously constructed on a very small
lot, the extensive low level landscaping, and that the trees around the house are not mature trees.
It is evident any mature existing trees were obviously removed during the construction, if there
were any in the first place.
• Page 30. Architectural elements such as roof direction or colors should not be mandated by
ordinance.
• Page 34. If the structure is measured from the lowest elevation of historical grade to the highest
point of the structure, why would it matter which side of the road you are on, whether you can
build three stories or four stories? The limitation of building height in relation to setbacks and
preserved areas are directly in conflict with one another. Building height should not be regulated.
• Page 37. The ADEQ and the city Engineering department already have strict rules and
regulations in regards to alteration of land and storm water runoff. To include more regulation in
the new hillside ordinance is just plain anti-productive.
While I agree with the Hillside Ordinance in theory, I disagree with the crafted language. The ordinance
should be limited to regulations on engineering, set-backs, street cross-sections, responsible tree
mitigation (as current ordinances dictate), re-vegetation, modified sidewalk requirements, modified
storm drainage, the individual lot owners' limitations, and responsible construction practices.
A proactive step to preserving the hillsides and tree canopy is to minimize grading as much as possible.
The City and the utility companies should abandon the idea of wide streets with wide rights-of-way;
allowing for narrower street cross-sections will considerably reduce the public's view of hillside
developments. The proposed ordinance appropriately addresses this concept.
The ordinance should not include any language that limits the architectural control of the property
owner. Short of "hack-n-slash" clearing of lots, it should not include any language that limits the
structure owner's view of the city or the city's view of the structure. Esthetically challenged,
arbhitecturally tasteless buildings protruding through the trees have never really been a problem in
Fayetteville. As people drive from Alma to Fayetteville, they are viewing a landscape of mountainous
terrain covered with trees and pastures; a beautiful drive. When they top the hill north of Greenland they
are greeted by a postcard perfect picture of an awesome city of tree covered hills, with structures
protruding through those trees such as Old Main, the Old Courthouse, Reynolds Stadium, and even the
Federal building. The drive from Alma to Fayetteville is indeed beautiful, but the view from the top of
that final hill at the south gate to the city is awesome. The visible buildings are what make the
difference.
The opposite of "bad development" is "good development"; not "no development". To me, as written,
the proposed Hillside Ordinance and the HBMP suggests the City of Fayetteville would like to
discourage the development of its hillsides, hilltops, and foothills, which describes a grand portion of
any remaining development property within the city limits. Many-would consider this ordinance another
message that developing in Fayetteville isn't easy, or is it economical.
Sincerely,
Tracy K Hos '
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aye evl e PC Meeting of January 09, 2006
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: UPDATED FEB 08, 2006
R-PZD 05-1735: Planned Zoning District (PADDOCK ROAD S/D, 526): Submitted by N.
ARTHUR SCOTT for property located at SW CORNER PADDOCK LANE AND HAPPY
HOLLOW ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 9.77 acres. The request is for 58 dwelling lots, of which 33 are detached
and 25 are attached townhomes.
Property Owner: HOMETOWN DEVELOPMENT
Property Owner: NORMA OSBURN
Planner: SUZANNE MORGAN
Findings:
Property Description: This site is located on the southeast edge of Mount Sequoyah, along the
west side of Happy Hollow Road and south of Paddock Lane. The site is heavily wooded and
steep.
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Mount Se uo ah Preserve RSF-4
South Scattered single family dwellings RSF-4
East Timber Trails Cliffside — R-PZD at 4.25 units/acre R-PZD
West Largely undeveloped residential property RSF-4
Proposal: The applicant requests a rezoning and Master Development Plan and Preliminary Plat
approval for a mixed-use project on the property. The proposal includes a maximum of 58
dwelling units within the proposed subdivision. The development will consist of 33 single
family detached dwelling units on both large lots, comparable to the RSF-4 zoning district, and
narrow lots to allow urban densities. A total 25 lots will allow for townhome development.
The overall density is 5.91 units per acre. This development would create a unique R-PZD
combining single-family detached and multiple family townhomes, and would be in the
immediate vicinity of the Happy Hollow Elementary School and Mount Sequoyah Preserve. The
applicant has attempted to modify the street alignment to reduce the number of streets that follow
the slope of the land to reduce the incline and visibility of the streets.
X:tReporn120061PC Rtporist01-09-0618-PZD 05-1735 (Paddock Rood Subdivision) CC REVISED.DOC
The applicant has attempted to transition between the detached and attached units, attempting to
place the more dense development near the adjacent Collector Street, parkland and in areas with
less tree canopy. The Planned Zoning District contains a total nine Planning Areas. Each
Planning Area has its own specific density (maximum number of dwellings units allowed),
depending upon the desired effect. For reasons of zoning, each Planning Area also has to have
established bulk and area criteria, setbacks, height, etc. The information is provided both in a
booklet form, which describes the intent of each Planning Area along with a drawing of the
overall Planning Area boundaries, and by way of the larger plat, which gives more engineered
information. The applicant requests approval of both the zoning, given the proposed Master
Development Plan, statement of commitments, and development standards, but also approval of
the preliminary plat which would allow the immediate review of construction plans.
Process: The purpose of the subject request is for a rezoning and development approval.
Approval of the Residential Planned Zoning District would effectively rezone the property based
on the engineered plans and information provided.
Bulk and area criteria: While usually provided within the staff report, zoning criteria for each
Planning Area has been provided in duplicate by the applicant. The project booklet provided
gives the zoning criteria in detail, as do the Master Development Plans. Please reference this
provided material for more information.
Water & Sewer: Water lines and sewer lines are currently being made available in the vicinity
with the development of Timber Trails R-PZD directly to the east. Public water and sewer lines
will be extended to serve the proposed development and will be designed and constructed in
accordance with city specifications to serve the development.
Adjacent Master Street Plan Streets:
East: Happy Hollow Road (Collector Street), to be improved by the City of Fayetteville
& Crossover Road (Principal Arterial)
South: Huntsville Road (Principal Arterial)
Traffic: Access to the site is provided from Crossover Road and Happy Hollow Road to the east
and Huntsville Road to the south. There are at this time no roads constructed which would give
access to the property to the west, over Mount Sequoyah. The intersection of Happy Hollow and
Huntsville Road is planned to be realigned and signalized by the City of Fayetteville in the near
future. A traffic study was not recommended for the proposed development.
Interior to the project, public and private streets and alleys are proposed. The applicant has
proposed several cross sections for the streets within the development which would require
waivers of the current street standards. Staff requested that all proposed street sections and be
enlarged from a 23' wide street to 24' ; this has been done on the plat, though the street stub-out
to the south is shown as a 23 ' wide street. This will need to be modified with construction plans.
A 24' wide street would not only be in compliance with the width of a Residential Street, but
making the street stub-outs this width will make it possible for future developments to extend
these streets without requesting waivers or constructing odd transitions in width. The applicant
proposes both alleys and private access easements for rear access and entry to many of the
X:I7eporrsV0061PC Reports1OJ-09-06V2-PZD 05-1735 (Paddock Road Subdivision) CC REVISED.DOC