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HomeMy WebLinkAbout2006-07-06 - Agendas - Final Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody aye Ward 1 Position 2 - Brenda Thiel City Attorney Kit Williams Ward 2 Position I - Kyle B. Cook Ward 2 Position 2 - Don Marr City Clerk Sondra Smith Ward 3 Position I - Robert K. Rhoads 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 July 6, 2006 A meeting of the Fayetteville City Council will be held on July 6, 2006 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 A. CONSENT: 1 . Approval of the June 20, 2006 City Council meeting minutes. APPROVED. 2. Park Land Dedication for Mountain Ranch Phase One: A resolution approving the Parks and Recreation Advisory Board's recommendation to accept approximately .78 acres and trail construction services valued at approximately $63 ,547.50 in lieu of the required Park Land Dedication for Mountain Ranch Development Phase One. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 116-06. 3. ADM 06-2152 Wellspring Rupple MSP Amendment: A resolution to approve ADM 06-2152 amending the Master Street Plan, realigning Rupple Road, a Principal Arterial, along the Wellspring PZD boundary north to Mount Comfort Road as described and depicted in the attached maps. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 117-06, 4. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to apply for and accept a State and Tribal Assistance Grant (STAG) from the U.S. Environmental Protection Agency for sanitary sewer system improvements; designating 113 West Mountain 72701 (479) 521.7700 (479) 575-8257 (Fax) accessfayetteville.org 0 0 the Mayor as the City's authorized representative in all matters relating to the procurement and administration of said grant; and approving a budget adjustment recognizing $477,900.00 in grant revenues. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 118-06, B. UNFINISHED BUSINESS: 1 . Duncan Associates Water & Wastewater Impact Fee Update: A resolution accepting a proposal from Duncan Associates in the amount of $ 110,000.00 to update the existing Water and Wastewater Impact Fees, to calculate fees for the collection system, and negotiate contracts with the cities of Elkins, Farmington and Greenland to pay for and provide potential Water and Wastewater Impact Fees within their corporate boundaries. This item was Tabled at the June 20, 2006 City Council Meeting to the July 6, 2006 City Council Meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 119-06, C. PUBLIC HEARINGS: 1. Raze and Removal at 95 Cleburn Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Beacon Flats, LLC located at 95 Cleburn Street in the City of Fayetteville, Arkansas. THIS ITEM WAS TABLED TO THE JULY 18, 2006 CITY COUNCIL MEETING. 2. Raze and Removal at 107 East 7th Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by James L. Ledbetter and Suzette L. Maestri located at 107 East 7th Street in the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 120-06, D. NEW BUSINESS: 1. Davis Business Planning: An ordinance to waive competitive bidding procedures and approve a contract with Davis Business Planning in the amount of $60, 100.00; and a budget adjustment of $45, 100.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4893. 2. ANX 06-2020 Hays: An ordinance annexing that property described in annexation petition ANX 06-2020 (CC2006-2) for property located east of Double Springs Road, north of Dot Tipton Road, containing approximately 7.5 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4894, 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi Ile.org 0 0 3. RZN 06-2021 Hays: An ordinance rezoning that property described in rezoning petition RZN 06-2021 , for approximately 7.5 acres, located east of Double Springs Road, north of Dot Tipton Road, from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4895, 4, ANX 06-2127 Williams: An ordinance annexing that property described in annexation petition ANX 06-2127 (CC2006- 10) for property located east of Double Springs Road, north of Dot Tipton Road, containing approximately 1 .0 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4896, 5. Bossier Contracting, Inc. Contract — Fire Station # 5 : A resolution approving a construction contract with Bossler Contracting, Inc. in the amount of $ 1 ,466,000.00 for construction of Fire station # 5; and approving a project contingency in the amount of $ 117,280.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 121-06, 6. LSD 06-1997 Divinity Hotel Planning Commission's Appeal: An appeal of the Planning Commission's decision regarding the denial of a large scale development for the Divinity Hotel on Dickson Street as submitted by The Barber Group. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 122-06, E. INFORMATIONAL: 41h of July Holiday: July 4, 2006 — City Offices Closed City Council Tour: None Meeting adjourned at 10:20 p.m. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting July 6, 2006 • . Subject: Motion To: Motion By : Seconded: Rhoads Ferrell Lucas Jordan Reynolds Thiel Cook Marr Mayor Coody g - v Subject: Motion To: PforomA Motion By: Seconded: Rhoads ✓ Ferrell Lucas / gg Jordan eynolds w Thiel ✓ Cook Marr `� VJ Mayor Coody � - v City Council Meeting July 6, 20060 • Subject: �U.k,`4r,.. 'i ata Motion To: Aft"/0 AtOpAy Motion By: Seconded: Rhoads ✓ ` I Ferrell r/ Lucas ✓ Jordan Reynolds ✓ Thiel / Cook Marr w Mayor Coody Subject: Motion To: Motion By: Seconded: Rhoads Lett& Ferrell Lucas Jordan ✓ Reynolds Thiel Cook �II �� oU Marr Mayor Coody 7 -0 City Council Meeting July 6, 2006 • • Subject: Q Z2 � /07 l '% cJtea� Motion To: Motion By: / Seconded: Rhoads Ferrell � Lucas �Ri7#4 Jordan � Reynolds ekThiel Cook � Io �91� Marr V Mayor Coody Subject: a�/JA- i Motion To: " " 11� O Motion By: 0 Seconded: 0611 Rhoads NO) Ferrell vp� Lucas LZ Jordan Reynolds / Thiel Cook Marr Mayor Coody p nn 0 " V City Council Meeting July 6, 20060 • Subject: ��, \J Motion To: an Motion By: a Seconded: AA&nlL M Rhoads / ,✓ r/ Ferrell JNA Lucas ✓ ,/ Jordan ✓ �/ Reynolds Thiel ,✓ ,✓ �/ Cook ✓ r/ �/ Marr ✓ &00 Mayor Coody ,p Subject: Y/IBX 126 6? O,2a Motion To: f�Gt.d .� Motion By: /�� Seconded: D - aRhoads Ll ✓ I Ferrell A) JAL) Lucas ✓ ✓ Jordan ✓ ✓ Reynolds ✓ ✓ Thiel ✓ Cook �/ ✓ N Marr V/Or ✓ 111 Mayor Coody City Council Meeting July 6, 2006• • Subject: R Z Al X96 —,? 0.? Motion To: Al I Motion By : Seconded: v Rhoads D _' 31 Ferrell v 0/ �N Lucas ,i 600� ' may Jordan r/ ✓ Reynolds r/ I/ ✓ Thiel ,/ ✓ � Cook ✓ Marr ✓ Mayor Coody � -O Subject: 04 A/ X —o2/c2 �i Motion To: Motion By: Seconded: Rhoads ✓ / µ� Ferrell Lucas Jordan �/ V Reynolds ✓ Thiel �/ ✓ pq Cook ✓ O I Marr ✓ Mayor Coody g� d 94 7 -r City Council Meeting July 6, 20060 • Subject: n fr Motion To: Motion By: Seconded: Rhoads D' Ferrell Lucas Lo� fl(�QiA.PM' Jordan ✓ Reynolds ✓ O Thiel Cook OPI Marr d-� rMa7yorCoody 0 Subject: 9 ,SOO / 99 7 D; .i Motion To: (-Nf'Pro` -e P." 1 Env Motion By: Seconded: Rhoads Ferrell ✓ NOd Lucas A/ &A ;".A4 Jordan Reynolds Thiel Cook N I, Marr ✓ Mayor Coody d � � City Council Meeting Speaker Registration Date of City Council Meeting I Speaker's Name Phone No. Agenda Ite ' (Please Print Clearly) . 2 1 gvv. 5 251 - 7 -78o dJ tV Ih1 3 4 s / v s v o ,/n q93 --117/4 iI s ( -z36 - 6 ( -z5 TX U I K,) t IZ 9 lalul 10 Pei O PI' I ile 11 41 , S wi 12 2 - /D 6 ,U 1 13 'S 116rrA ` C Cofl� �' j - 17 FDmity/ 25 ) - -ISg5 v, „ 18 236 -0 19 - Z7 (///�/ 20 2col ✓ j $tll 21 J - ¢ 1/d 22 71AYl 1 Z73J - ,?150 23 Sw 24 1v , oe% i 25 div 2 S yya - .� $ r Qrv ; v,A ,t City Council Meeting Speaker Registration Date of City Council Meeting /1100 Speaker's Name Phone No. Agenda Item Speaking On (Please Print Cle y) /A A. 11111. 1 `fl' 2 i 1�1ti G4 qo I 3 APA 4 5zi- 5 ' o� SOTS vii 6 av 8 C- 5�l1 4 s t El � � " sem /f - -T � �� � , o 11 12tJ 13 � a Wool JJ1 Yy3 - � 3�1 1 I v l /\/ / V 14 ® '>( I A 4 � t-�91aI 3 t) i ,� ZN 15 16 IM 17 it 18 ! axl y -0 i , YZ 19 20 2, 22 23 24 25 • City Council Meeting Speaker Registration Date of City Council Meeting Speaker's Name Phone No. Agenda Item Speaking On (Please Print Clearly) 1 1 I� aro - z 7/- V>`/� ..�� l 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel Cil Attorney Kit Williams Tayve Pev;lile Ward 2 Position I - Kyle B. Cook Y Y Ward 2 Posmon 2 - Don Marr Ward 3 Position 1 - 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 July 6, 2006 A meeting of the Fayetteville City Council will be held on July 6, 2006 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 A. CONSENT: 1 . Approval of the June 20, 2006 City Council meeting minutes. 2. Park Land Dedication for Mountain Ranch Phase One: A resolution approving the Parks and Recreation Advisory Board' s recommendation to accept approximately .78 acres and trail construction services valued at approximately $63 ,547.50 in lieu of the required Park Land Dedication for Mountain Ranch Development Phase One. 3. ADM 06-2152 Wellspring Rupple MSP Amendment: A resolution to approve ADM 06-2152 amending the Master Street Plan, realigning Rupple Road, a Principal Arterial, along the Wellspring PZD boundary north to Mount Comfort Road as described and depicted in the attached maps. 4. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to apply for and accept a State and Tribal Assistance Grant (STAG) from the U. S . Environmental Protection Agency for sanitary sewer system improvements; designating the Mayor as the City' s authorized representative in all matters relating to the procurement and administration of said grant; and approving a budget adjustment recognizing $477,900.00 in grant revenues. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org B. UNFINISHED BUSINESS: 1 . Duncan Associates Water & Wastewater Impact Fee Update: A resolution accepting a proposal from Duncan Associates in the amount of $ 110,000.00 to update the existing Water and Wastewater Impact Fees, to calculate fees for the collection system, and negotiate contracts with the cities of Elkins, Farmington and Greenland to pay for and provide potential Water and Wastewater Impact Fees within their corporate boundaries. This item was Tabled at the June 20, 2006 City Council Meeting to the July 6, 2006 City Council Meeting. C. PUBLIC HEARINGS : 1 . Raze and Removal at 95 Cleburn Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Beacon Flats, LLC located at 95 Cleburn Street in the City of Fayetteville, Arkansas. 2. Raze and Removal at 107 East 71h Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by James L. Ledbetter and Suzette L. Maestri located at 107 East 7th Street in the City of Fayetteville, Arkansas. D. NEW BUSINESS : 1 . Davis Business Planning: An ordinance to waive competitive bidding procedures and approve a contract with Davis Business Planning in the amount of $60, 100.00; and a budget adjustment of $45, 100.00. 2. ANX 06-2020 Hays : An ordinance annexing that property described in annexation petition ANX 06-2020 (CC2006-2) for property located east of Double Springs Road, north of Dot Tipton Road, containing approximately 7.5 acres. 3. RZN 06-2021 Hays: An ordinance rezoning that property described in rezoning petition RZN 06-2021 , for approximately 7.5 acres, located east of Double Springs Road, north of Dot Tipton Road, from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 units per acre. 4. ANX 06-2127 Williams : An ordinance annexing that property described in annexation petition ANX 06-2127 (CC2006- 10) for property located east of Double Springs Road, north of Dot Tipton Road, containing approximately 1 .0 acres. 5. Bossier Contracting, Inc. Contract — Fire Station # 5 : A resolution approving a construction contract with Bossler Contracting, Inc. in the amount of $ 1 ,466,000.00 for construction of Fire station # 5; and approving a project contingency in the amount of $ 117,280.00. 6. LSD 06-1997 Divinity Hotel Planning Commission's Appeal: An appeal of the Planning Commission's decision regarding the denial of a large scale development for the Divinity Hotel on Dickson Street as submitted by The Barber Group. 113 west Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) acccssfaycticvillc.org E. INFORMATIONAL: 4'h of July Holiday: July 4, 2006 — City Offices Closed City Council Tour: None 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayclicvillc.org %U Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody Ward I Position 2 - Brenda Thiel Ward 2 Position I - Kyle B. Cook City Attorney Kit Williams rcv;liWard 2 Position 2 - Don Marr Cit Clerk Sondra Smith7ayvel 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 Tentative Agenda City of Fayetteville Arkansas City Council Meeting July 6, 2006 A meeting of the Fayetteville City Council will be held on July 6, 2006 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 Progress Report on Phase 1 of the Classification and Compensation System Project Job Description Development given by Johanson Group. — Agenda Session Only A. CONSENT: 1 . Approval of the June 20, 2006 City Council meeting minutes. 2. Park Land Dedication for Mountain Ranch Phase One: A resolution approving the Parks and Recreation Advisory Board ' s recommendation to accept approximately .78 acres and trail construction services valued at approximately $63 ,547.50 in lieu of the required Park Land Dedication for Mountain Ranch Development Phase One. B. UNFINISHED BUSINESS: 1 . Duncan Associates Water & Wastewater Impact Fee Update: A resolution accepting a proposal from Duncan Associates in the amount of $ 110,000.00 to update the existing Water and Wastewater Impact Fees, to calculate fees for the collection system, and negotiate contracts with the cities of Elkins, Farmington and Greenland to pay for and provide potential Water and Wastewater Impact Fees within their corporate boundaries. This item was Tabled at the June 20, 2006 City Council Meeting to the July 6, 2006 City Council Meeting. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (1--ax) accessfayettevi I le.org C. PUBLIC HEARINGS : • 1 . Raze and Removal at 95 Cleburn Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Beacon Flats, LLC located at 95 Cleburn Street in the City of Fayetteville, Arkansas. 2. Raze and Removal at 107 East 7th Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by James L. Ledbetter and Suzette L. Maestri located at 107 East 7th Street in the City of Fayetteville, Arkansas. D. NEW BUSINESS : 1 . ADM 06-2152 Wellspring Rupple MSP Amendment: A resolution to approve ADM 06-2152 amending the Master Street Plan, realigning Rupple Road, a Principal Arterial, along the Wellspring PZD boundary north to Mount Comfort Road as described and depicted in the attached maps. 2. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to apply for and accept a State and Tribal Assistance Grant (STAG) from the U. S. tnvironmental Protection Agency for sanitary sewer system improvements; designating he Mayor as the City' s authorized representative in all matters relating to the procurement and administration of said grant; and approving a budget adjustment recognizing $477,900.00 in grant revenues. 3. Davis Business Planning: An ordinance to waive competitive bidding procedures and approve a contract with Davis Business Planning in the amount of $60, 100.00; and a budget adjustment of $45, 100.00. ` E. INFORMATIONAL : City Council Tour: July 5, 2006 - 4 :30 PM A1 ,6 Nb 0'3 gfUX 0 & 9020 Nv a A C , A1 ,8 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accesstayettevi I I e.org Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coady Ward I Position 2 - Brenda Thiel Ci Attorney Kit Williams Ward 2 Position I - Kyle B. Cook City y 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 I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Tentative Agenda City of Fayetteville Arkansas City Council Meeting July 6, 2006 A meeting of the Fayetteville City Council will be held on July 6, 2006 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 Progress Report on Phase I of the Classification and Compensation System Project Job Description Development given by Johanson Group. — Agenda Session Only A. CONSENT: 1 . Approval of the June 20, 2006 City Council meeting minutes. 2® State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to 1 apply for and accept a State and Tribal Assistance Grant (STAG) from the U. S. Environmental Protection Agency for sanitary sewer system improvements; designating 1` the Mayor as the City's authorized representative in all matters relating to the procurement and administration of said grant; and approving a budget adjustment recognizing $477,900.00 in grant revenues. 3. Park Land Dedication Resolution for Mountain Ranch Phase One: A resolution approving the Parks and Recreation Advisory Board' s recommendation to accept approximately .78 acres and trail construction services valued at approximately $63,547.50 in lieu of the required Park Land Dedication for Mountain Ranch Development Phase One. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfaycttcvi l le.org B. UNFINISHED BUSASS : • jeelDuncan Associates Water & Wastewater Impact Fee Update: A resolution accepting a proposal from Duncan Associates in the amount of $ 110,000.00 to update the existing Water and Wastewater Impact Fees, to calculate fees for the collection system, and negotiate contracts with the cities of Elkins, Farmington and Greenland to pay for and provide potential Water and Wastewater Impact Fees within their corporate boundaries. This item was Tabled at the June 20, 2006 City Council Meeting to the July 6, 2006 City Council Meeting. C. PUBLIC HEARINGS : Raze and Removal at 95 Cleburn Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Beacon Flats, LLC located at 95 Cleburn Street in the City of Fayetteville, Arkansas. Raze and Removal at 107 East 7`h Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by James L. Ledbetter and Suzette L. Maestri located at 107 East 7th Street in the City of Fayetteville, Arkansas. D. NEW BUSINESS : ADM 06-2152 Wellspring Rupple MSP Amendment: A resolution to approve ADM 06-2152 amending the Master Street Plan, realigning Rupple Road, a Principal Arterial, along the Wellspring PZD boundary north to Mount Comfort Road as described and depicted in the attached maps. 2. Davis Business Planning: An ordinance to waive competitive bidding procedures and approve a contract with Davis Business Planning in the amount of $60, 100.00; and a budget adjustment of $45, 100.00. E. INFORMATIONAL : City Council Tobi July 5;2006 = 4;:30=PM ?? 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) access'fayettm i le.org Amber Wood - Information Item for Agenda Session Pagel From: Michele Bechhold To: Wood, Amber Date: 5/5/06 5:23PM �ce Subject: Information Item for Agenda Session For each Agenda Session starting with May 9 and ending with July 11 1 need an informational item to be on the agenda. Johanson Group: Progress Report on Phase I of the Classification and Compensation System Project - Job Description Development I know the 5-9 Tentative Agenda is already out, but they will still need to make a report on Tuesday. Sondra said that she would tell the Mayor this. Thanks for your help Michele City Clerk _-MESSAGE FROM JIM BLAIR REGARDING THE DIVINITY PROJECT Page 1 From: "Nancy Beth Williams" <nwilliams@lcainternet.com> To: <bthiel@cox.net>, <Ward2_posl@ci.fayettteville.ar.us>, <donmarr@swbell.net>, <rrhoads@hallestill.com>, <steve@fayetteville.com>, <Ward3_pos2@ci.fayetteville.ar.us>, <DCOODY@ci.fayetteville.ar.us>, <Ward4_posl@ci.fayetteville.ar.us>, <bramsey@fayettevillear.com>, <I Ij o rd a n 7@ h of m a i 1 .c o m> Date: Wed, Jul 5, 2006 3:55 PM Subject: MESSAGE FROM JIM BLAIR Riteville, HE DIVINITY PROJECT Members of the City Council: This is an unsolicited note in support of the Divinity I have no involvement or ties to the Barber Group. I suppefforts of the consultants we brought in to help us revitalize ille, especially Downtown. I thought it was a total consat we needed more residents in Downtown, people who wanted tthe wonderful mixed used of Downtown. This requires high risesdos. This requires parking. Dickson Street needs a hotel . I/ he Divinity Plan, even before trimming, was doing exactly what the consensus of outside experts and participating citizens agreed should be done. I walked down School Street and up Dickson 5 days a week from 1941 -49. 1 hung out on Dickson Street as a young adolescent from 1949 through college and law school until 1957. 1 worked on Dickson Street, got my hair cut on Dickson Street, worshipped on Dickson Street. I have watched it evolve and become better and better. We can't go back and we can't hold the status quo. We can let Dickson Street evolve into an even more wonderful experience than it is now. Not a week goes by when I am in town that I'm not on Dickson. I know you can't consider that building the Divinity Building is equivalent to giving our schools a one percent millage increase but somehow we need to let Fayetteville develop to keep pace with Springdale, Rogers, Bentonville. Not all development is bad. This is not. I hope you see it my way. Respectfully, Jim Blair NANCY BETH BLAIR EXECUTIVE ASSISTANT PH: 479-756-2545 FAX: 479-756-2546 CELL: 479-200-4151 E-MAILADDRESS: <mailto:NWILLIAMS@TCAINTERNET.COM> NWILLIAMS@TCAINTERNET.COM FAYETTEVIILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney I DATE: July 7, 2006 RE: Passed Ordinances and Resolutions from City Council meeting of July 6, 2006 1, Park Land Dedication for Mountain Ranch Phase One: Resolution approving Parks and Recreation Advisory Board' s recommendation to accept approximately .78 acres and trail construction services valued at approximately $63,547.50 in lieu of required Park Land Dedication for Mountain Ranch Development Phase One; 2, ADM 06-2152 : Resolution approving ADM 06-2152 amending Master street Plan, realigning Rupple Road, a Principal Arterial, along the Wellspring PZD boundary north to Mt. Comfort Road as described and depicted in attached maps; 3. State and Tribal Assistance Grant (STAG): Resolution authorizing Mayor to apply for and accept a State & Tribal Assistance Grant from U.S. Environmental Protection Agency for sanitary sewer system improvements; designating the Mayor as City's authorized representative in all matters relating to procurement and administration of said grant; and approving budget adjustment recognizing $477,900.00 in grant revenues ; 4. Duncan Assoc. Water & Wastewater Impact Fee Update: Resolution accepting a proposal from Duncan Assoc. in amount of $ 110,000.00 to update existing water and wastewater impact fees, to calculate fees for collection system, and negotiate contracts w/cities of Elkins, Farmington and Greenland to pay for and provide potential water and wastewater impact fees within their corporate boundaries; and limiting City' s expenditures to an amount not to exceed $55,000.00; 5. Raze & Removal at 107 East 7th St. : Resolution ordering razing and removal of a dilapidated and unsafe structure owned by James L. Ledbetter and Suzette L. Maestri located at 107 East 7`h Street in City of Fayetteville; 6. Davis Business Planning: Ordinance waiving competitive bidding procedures and approving contract w/Davis Business Planning in amount not to exceed $60, 100.00; and budget adjustment of $45,000.00; 7. ANX 06-2020: Ordinance annexing property described in ANX 06-2020 (CC2006-2) for property located east of Double Springs Road, north of Dot Tipton Road, containing approximately 7. 5 acres; 8. RZN 06-2021 : Ordinance rezoning property described in RZN 06-2021 , for approximately 7.5 acres, located east of Double Springs Road, north of Dot Tipton Road, from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 units per acre; 9. ANX 06-2127: Ordinance annexing property described in ANX 06-2127 (CC2006- 10) for property located east of Double Springs Road, north of Dot Tipton Road, containing approximately 1 .0 acres; 10. Bossler Contracting, Inc. Contract Fire Station #5: Resolution approving construction contract wBossler Contracting, Inc. in amount of $ 1 ,466,000.00 for construction of Fire Station #5 ; and approving project contingency in amount of $ 117,280.00; 11. LSD 06-1997 Divinity Hotel Planning Commission's Appeal: Appeal of Planning Commission' s decision regarding denial of large scale development for Divinity Hotel on Dickson Street as submitted by Barber Group. 2 Arkansas Democrat (1ia2CttC Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE , AR 72702 PHONE : 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Elizabeth Wax, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: Final Agenda Was inserted in the Regular Editions: July 3, 2006 Publication Charge: $ 199 . 29 Subscribed worn to before me Thio day o �C� 2006. Notary Public Sharlene D. wjjjams My Commission Expires: Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIVED JUL 0 7 20CS CITY OFFAYET M,L_ CITY CLERK'S FIN CITY OF FA AL AGLI.E ABIIANl18 - _ CIfY COUNCIL.Y8E71N0 ARY 9. eleeting of the Fayettevion uly eiry Council will be held J 6 2006 at 6:00 PM In Room 219 of the City Atlminietretion Builtling located at 113 West a - eMountain StoatFayeneville, ArkansasAg Cell b Odder - 11011 G8 Pledge of Allegleaft A. CONINEWn 2. F� land O�b la f sC08 cNYCauggell Regai nreli for MoriIMaN Ndneh M les A re. Perks and n service Advisory Boaro's recoirmendation 10F ecc¢ j�l A resolution acres g he construction services valued :ret commendation P DProximately .78 scree entl trail Dedication for Mat We Ranch'Develoy Phase &Ae.- ^°lieu Of the required Park Land 21 ABY 067187 Well Development Name AY� bate. We ementling he Master Street Plan< realigning lRu Oetl resolution inpal Arterial, along the Wellepring PZD boundary north tD Mount Cartoon Road as described and ci p l Art rialre ADM the maps. .. ., ed 4. for enOtr<ceepdt a gg a a��^oe Oznd (g7AC1+ A resolution auhaizing he Mayor to apply Agency to sanitary sewer system imesiaen a Grant designating fom he U.S. Environmental protection resentative In all matters relating to the manta ; ent and lid he Maya ea he Cirys authorized rep- Ing a budget adjustment recognizing po900.00 in and etlminiues.ion of sald grant;, and approv- W 95477.900.00 in grant revenues. S. UNFINISHED BUSINBSSr it. Dlmrn f ¢BAs�ng a Poposalrom Dnso=s Ins tM1gwnel In~ Fee ypdebr A resolution accept. and Wastewater Impactamount of$11010DO.00 O update the existing Water with he cities o Elkins Farm �wi eoE fees for the cellectlon syejem,;enC negotiate convects Wastewater Impact Fees within h their corporateGreenlantl t0 pay for and Provide potential Water and 2X6 City COoncil Meeting it the Ju boundaries. This item oras Tabled at the June 20, N 6, 2006 City Council Meeting. C. PUBLIC MEANING& Of Ndee date and unsafe l et m Cleburn S,lyh A resolution ordering the razing and removal th e dilapidatedyofyet and unsafe sas urs Owned by Beacon Flats, LLC located at 95 Cleburn Street in the City of FeyetteNlle, Arkansas. 2. Nese lead Nere"el >K 707 East 7W itree6 A resolution ordering the razing and removal Of 1 dilapidated and unsafe structure ow at 107 East 7th Street in the City of Fayned by James L. Ledbetter and Suzette L. Maestri located etteville, Arkansas. D. NEW Bt/SINBSia I- Devb Busim" PldnnhlW An ordinance to waive competitive bidding Ordeal and aPPRWO a contract Min Davis Business Planning In the amount of $60,100 00; entl a bud ment of $45,100.00. A ANE 06-202p get adjust. ANK O6- H&2) r ordinance annexing that property described in annexation petition 2020 ng arproxI a property located east of Double Springs Road, north Of Dot Tipton Roes containing Hatinlmately 7 acres. A REN 065077 Neyu An ordinance rezoning that Property described in rezoning petition RZN O6-2021, for approximately 7 acres, located east Of Double Springs Road, north of Dot Tipton 4.Road, from R-A, Residential Agricultural, to RSF-q Residential Single Family, 4 units per acre. mce lion Mfx 06-2127 020061 0) fa. roperty located east OfaDp Double Springs Road,described (north ofDotTipton Road, containing approximately,l.0 apes. S. Beeele• ContreoUlm lm. CwWeq struaion Contract with Bosaler Contracting, Inc.Flat• SWIM I Et A resolution approving a con- Fire station k 5; and approving a project canInc. inch inamount o ant o $1 466'ppppp for construction of e. 11.80 067997 BIv1nNy Hetel Pl. Conti Commn the am nt 118117,280.W Commission's decision regarding the denial of a lar h An appeal of dre planning Dickson Street as submitted by The Barber Gmu large scale development for Me Divinity Hotel on P. I. ° �i E. INFCAYATONAy 4th of Jury lion eyl Jury e, SODS . City OSWee Clig ed CNy Couaw Toun Nom RECEIVED JUL 0 7 2095 CITY OF FAYETTEViLLt GTYCIEWSOFTICF • • City Council Meeting Minutes June 20, 2006 Page I of 10 Aldermen Ward 1 Position 1 - Robert Reynolds Mayor Dan Coady ///��� - Ward 1 Position 2 - Brenda Thiel City Attorney Kit Williams �. T 1 Ward 2 Position I - Kyle rt Cook \Y/ 1 Ward 2 Position 2 - Don Mart City Clerk Sondra Smith Ward 3 Position I - Robert K. Rhoads 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 June 20, 2006 A meeting of the Fayetteville City Council was held on June 20, 2006 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 Thiel, Cook, Marr, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Reynolds Pledge of Allegiance Police Department Presentation Recognizing 12 members of the Fayetteville Citizen's Police Academy Academy — Sergeant Shannon Gabbard Gabbard Sergeant Gabbard presented the members of the Fayetteville Citizen's Policy academy a certificate and a shirt for their participation in the academy. The following were presented with Certificates and a shirt: William Jackson, Evelyn Jackson, Marie Mitchell, Marvin Mitchell Peggy Harp, Joe Woessner, Fred Cusanelli, Mya Fulton, Richard Guthrie, Bob Reilly, Trish Hollenbeck, and Danette Williams. Mayor Coody: I hope that all the people that participated in the Police Academy recognized the level of professionalsion that our Police Department has. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le.org City Council Meeting Minutes June 20, 2006 Page 2 of 10 Nominating Committee Report: Kyle Cook, Chairman Alderman Cook gave the Nominating Committee Report and thanked Amber Wood in the City Clerk's office for typing the 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 7-0. Alderman Reynolds was absent. CONSENT: Approval of the June 6, 2006 City Council Meeting Minutes. Approved Rescind Res. 82-06 — McClelland Consulting Engineers Task Order #13: A resolution rescinding the budget adjustment approved by Resolution No. 82-06 of May 2, 2006. Resolution 110-06 as Recorded in the Office of the City Clerk. Professional Turf Products of Tulsa — Bid # 06-38: A resolution awarding Bid # 06-38 and approving the purchase of two (2) multi-deck turf mowers from Professional Turf Products of Tulsa in the amount of $43,987.00 for use by the Parks & Recreation Division. Resolution 111-06 as Recorded in the Office of the City Clerk. Radisson Hotel Parking Space Lease Agreement: A resolution approving a lease agreement with Radisson Hotel Fayetteville for the use of 178 parking spaces on Level One and Three of the Meadow Street Municipal Parking Garage. Resolution 112-06 as Recorded in the Office of the City Clerk. Alderman Ferrell moved to approve the Consent Agenda as read. Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Reynolds was absent. UNFINISHED BUSINESS: Crystal Springs IV Appeal: Appeal the approval of the PPL 06- 1977 Preliminary Plat Crystal Springs IV for property located north of Mt. Comfort Road, at the end of Raven Lane. This item was tabled at the June 6, 2006 City Council meeting to the June 20, 2006 City Council meeting. Jeremy Pate, Director of Current Planning: The bridge will be constructed prior to any homes being built, it will be constructed with Phase one. That will be an additional condition of approval should you chose to affirm the Planning Commission' s decision to uphold this 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • • City Council Meeting Minutes June 20, 2006 Page 3 of 10 preliminary plat. This was also tabled to discuss the connectivity issue and street connections to Woodlark and Raven. As it currently stands this project is connecting the two existing street stub outs, one to Woodlark Lane and one to Raven. Staff's position is that both connections are warranted and both are supported by the City Council's policy of connectivity. We are recommending both connections at this time. Alderman Jordan: This is something Shirley and I have worked on with the neighborhood, owners and the developers and over the course of the last few weeks we have come to some compromises. The neighborhood, owners and developers are alright with making the connection through Raven and leaving the connectivity off Woodlark. The bridge will be installed and no houses will be built until the bridge is built. That seems to be agreeable to all parties at this point in time. Alderman Lucas: When you look at this development you have connectivity. We still need to correct Mount Comfort, there needs to be improvements to Mount Comfort. Wayland Harris, speaking on behalf of the residents of Bird Haven Subdivision: We are in agreement with what has been worked out. We would like to ask for approval of this tonight. Bill Overby a resident Woodlark Lane: Woodlark was never considered to be a through street. I appreciate connectivity, I believe we have it and I would strongly urge you to consider the recommendation of Alderman Jordan. Rick Reed, Woodlark Lane: At no point under any circumstance is any additional traffic welcomed to Bird Haven. You have north and south access through Salem Road and Deane Solomon. We urge you to please not allow this to happen. City Attorney Kit Williams: In speaking to Alderman Jordan earlier he indicated that a possible solution had been arrived at so I prepared a resolution that would grant the appeal and approve the preliminary plat as slightly modified. It would make Raven the north south connection but not Woodlark. We also need to incorporate the language that Jeremy has that would require the building of the bridge prior to the sale of any house lot. A sidewalk would go where the street is currently platted. A revised resolution was passed out to the City Council. Alderman Cook: I always support connectivity but I certainly respect the Aldermen and their work on this issue, they have come to a good solution. Alderman Lucas moved to approve the revised resolution as prepared by City Attorney Kit Williams. Alderman Jordan seconded the motion. Upon roll call the resolution passed 7-0. Alderman Reynolds was absent. Resolution 113-06 as Recorded in the Office of the City Clerk. RZN 06-2028 Mountain Ranch RMF-18: An ordinance rezoning that property described in rezoning petition RZN 06-2028 for approximately 9. 16 acres, located west of I-540 and south of 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org • • City Council Meeting Minutes June 20, 2006 Page 4 of 10 Betty Jo Drive, from C- 1 , Neighborhood Commercial and R-A, Residential-Agricultural to RMF- 18, Residential Multi-Family, 18 units per acre. This ordinance was left on the first reading at the June 6, 2006 City Council meeting. City Attorney Kit Williams : The petitioner has decided to request a different rezoning. Jeremy Pate: That is correct. The applicant has changed their request to a C- 1 zoning. Alderman Jordan moved to amend the ordinance by changing the zoning to C-1 . Alderman Marr seconded the motion. Upon roll call the motion passed 7-0. Alderman Reynolds was absent. City Attorney Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Reynolds was absent. City Attorney Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Reynolds was absent. Ordinance 4887 as Recorded in the Office of the City Clerk. West Fayetteville Annexation Election: An ordinance calling an election to determine whether approximately 2,000 acres contiguous to the western city limits should be annexed into Fayetteville. This ordinance was amended and left on the first reading at the June 6, 2006 City Council meeting. Alderman Jordan 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. Tim Conklin, Planning and Development Management Director: At your last meeting you indicated that you would like our Annexation Study Committee to meet with Farmington. They contacted us and we met. We asked Farmington what they would like the Fayetteville City Council to know with regard to their recommendation for an annexation line between the two cities. At our last Council meeting, City of Farmington Alderman Ernie Penn, indicated that if someone wants to be annexed into Fayetteville they would agree to allow that to happen. Mr. Conklin showed the Council a map with the proposed annexation area as requested by the City of Farmington. You also made a motion to have the Special Election during the General Election. I believe the Election Commission is here to discuss some of those issues with that election date. Staff would 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org i • City Council Meeting Minutes June 20, 2006 Page 5 of 10 recommend not placing the annexation election with the election for the wastewater treatment plant or the street bond program election. Alderman Lucas: I asked Farmington if there was any room for negotiation and they said there was not. Alderman Ferrell: How many acres will be included in the annexation election, if we went with what Farmington wanted as opposed to what we initially started out with. Tim Conklin: There would be around 500 acres less. Tim showed the City Council on the map where Fayetteville can grow to in the future on the west side. Alderman Lucas: We studied this and looked at all aspects of it. It is growing out there and would be a perfect place to put a commercial node and this area would service it. We are going to provide the services for this area so it should be in the City. We as a task force felt this was the appropriate area to bring in. A discussion followed on the proposed annexation area. John Burrow, Chairman of the Washington County Election Commission: We are here to ask you to help us out with this election. We are implementing a whole new scheme of things in election technology and the whole State of Arkansas is having an interesting experience with that. We are still running kind of scared for the General Election in November. It would be very desirable to have this election in December. That would enable us to get all of the other elections out of the way. You will make our job a whole lot easier for the General Election if we don't have this election going on during it. The biggest problem that we have with elections is the confusion the voting community has about where they are suppose to go and vote. We could potentially have a lot of residents who are confused about whether or not they are qualified to vote in the annexation election waiting in line for a considerable amount of time and then having to call the County Clerk' s office. It would be a stressful experience for our polling places. Alderman Thiel: The money for these elections comes out of the City Clerk's budget. How many elections did you have budgeted. Sondra Smith, City Clerk/Treasurer: I budgeted for one special election and the General Election. The Library' s Special Election was paid for with the money budgeted for a special election. Alderman Thiel: We are going to have the bond election which was not budgeted, would it be better to push this annexation election into next years budget. Sondra Smith: That is up to the Council. We have seen an increase in the cost of elections so it might be better to pay for it this year. Mayor Coody: We can always appropriate the money out of the General Fund surplus. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org