HomeMy WebLinkAbout2006-07-18 - Agendas - Final Aldermen
Mayor Dan Coody Ward 1 Position 1 - Robert Reynolds
Ward 1 Position 2 - Brenda Thiel
City Attorney Kit Williams Ward 2 Position 1 - Kyle B. Cook
Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
Tayve
e;lle
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
July 18, 2006
A meeting of the Fayetteville City Council will be held on July 18, 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 27, 2006 Special City Council meeting minutes and the July 6,
2006 City Council meeting minutes.
APPROVED.
2. Planning Commissioner's Compensation: A resolution approving a Budget
Adjustment in the amount of $21 ,800.00 for Salaries and Wages expense related to the
compensation of Planning Commissioners.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 124-06,
B. UNFINISHED BUSINESS:
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 Clebum
Street in the City of Fayetteville, Arkansas. This item was Tabled at the July 6, 2006
City Council Meeting to the July 18, 2006 City Council Meeting.
THIS ITEM WAS TABLED TO THE SEPTEMBER 5, 2006 CITY COUNCIL
MEETING.
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C. NEW BUSINESS. •
1. Improvement District No. 16 — Wellspring: An ordinance to Establish and Lay Off
Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4897,
2. ANX 06-2129 McDonald: An ordinance annexing that property described in annexation
petition ANX 06-2129 (CC2005-27, CC2006-7, and CC2006-8), for property located
south of Huntsville Road (HWY 16), west of Roberts Road, containing approximately
14.21 acres.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4898,
3. ANX 06-2125 Dunnerstock/Foster: An ordinance annexing that property described in
annexation petition ANX 06-2125 (CC2006-5), for property located at the north end of
59u' Avenue, off Wedington Drive, containing approximately 60.20 acres.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
4. RZN 06-2126 Dunnerstock/Foster: An ordinance rezoning that property described in
rezoning petition RZN 06-2126, from approximately 60.20 acres, located north of
Wedington Drive, at the end of 59h, for R-A, Residential Agricultural to RSF-4,
Residential Single-Family, 4 units per acre.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
5. VAC 06-2123 Launder: An ordinance approving VAC 06-2123 submitted by John
Launder for property located at 1025 Company, vacating 0.06 acre portion of the utility
easement located within the subject property.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4899,
6. VAC 06-2068 Bio-Based/City of Fayetteville: An ordinance approving VAC 06-2068
submitted by the City of Fayetteville for property located at 1475 Cato Springs Road,
vacating un-constructed right-of-way within the subject property in association with an
approved large scale development for Bio-Based.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4900,
7. Amend Chapter 34, Cost Share Exemptions: An ordinance amending Chapter 34,
Article II of the Code of Fayetteville, to exempt Cost Share agreements for Infrastructure
Improvements from the requirements of §34.23 .
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4901
8. Duncan Associates Water and Sewer Impact Fees Phase 2 : A resolution approving
the first contract amendment with 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; and approving a budget adjustment.
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PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 125-06,
9. Brasfield & Gorrie, LLC: A resolution approving a construction contract with
Brasfield & Gorrie, LLC in the amount of $6, 130,000.00 to construct the Hamestring
Sewer Lift Station, WL-6; approving a four percent (4%) contingency in the amount of
$245,000.00; and approving a budget adjustment in the amount of $5, 100,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 126-06,
10. Amend §166.05 of the UDO - Large Scale Development: An ordinance to amend
§ 166.05 Large Scale Development of the Unified Development Code by adding
Subsection (7) (e) to allow consideration of a Development' s Economic Benefit.
THIS ITEM WAS TABLED INDEFINITELY.
D. INFORMATIONAL:
City Council Tour: NONE
Meeting adjourned at 6:40 p.m.
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� ' /
City Council Meeting July 18, 2006 �J�.tt�v.. /0 � `t'� /QAI-,,�
Subject:
Motion To:
I
Motion By:
Seconded:
Lucas
� Jordan �
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Reynolds
Thiel
G(fG� Cook ✓
t� Marr vo�
Rhoads voor
Ferrell
Mayor Coody ✓
Subject:
Motion To: App voo
Motion By: Qj�dQ,U �
Seconded:
Lucas
Jordan ✓
Reynolds
Thiel
Cook
Marr
Rhoads
q � t Ferrell
Mayor Coody
City Council Meeting July 18, 20060 •
Subject: '
qq ��
, Motion To: ` A
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Seconded:
13 , 11 Lucas
Jw(ipo Jordan
/', Reynolds
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Rhoads
Ferrell
DOb Mayor Coody
Subject:
Motion To:
Motion By:
Seconded: / 4av�
Lucas
J ^ p Jordan //
Reynolds
Thiel v,
/110 Cook
/v�r Marr 1/
Few°"' Rhoads
Ferrell
Mayor Coody
City Council Meeting July 18, 20060 •
Subject: • 5 �i i� ��� ,�
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( Motion To: &AM �C �n _ . _/
Motion By: •1
Seconded:
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Nwd Reynolds "' ` dAdu
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LJ�J10�" Thiel / ✓ ✓
Cook ✓ i/ �
Marr ✓ ✓ ✓
Rhoads ✓
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D Mayor Coody
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Seconded:
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Reynolds ✓ ✓
f3W ;Ul4) Thiel ✓ ✓ ✓
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PMarr ✓
w/ Rhoads ✓ ✓ ✓
Ferrell
Mayor Coody
7 -o g eo g - O 7'/
City Council Meeting July 18, 20060 •
Subject: 14 N
(Motion To:
Motion By: Qhd�
Seconded:
C2 Lucas ✓
Jordan I/
NQ Reynolds
[�Ged��CPa Thiel
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Marr
Rhoads ✓
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Mayor Coody
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Subject: N
Motion To:
Motion By:
Seconded:
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/V Reynolds
Thiel ✓
Cook ✓
Marr ✓
44, a Rhoads ✓
AOI Ferrell
Mayor Coody n
City Council Meeting July 18, 2000 •
Subject: UC 106
Motion To:
Motion By:
Seconded:
Lucas
Jordan ,/ �/ ✓
N Reynolds ,/ ✓ �/
Thiel �/ ✓ ✓
Cook ✓ ✓ ✓
Marr ✓ ✓ �/
Rhoads ✓ �/ /✓
gv` Ferrell
1 Mayor Coody
Subject: O �oZD �og ,� � � PO
Motion To:
Motion By:
Seconded:
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AIAO Jordan ✓
Reynolds ,/
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Cook
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1 Marr
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Mayor Coody
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City Council Meeting July 18, 2000
Subject: A �7 � / /�
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Seconded:
CLucas �/ ✓
IT Jordan ✓ �/ 1/
Reynolds ✓ t/ ✓
Thiel ,/ ✓ �/
Cook ✓ ✓ I/
Marr ✓ r/ �
Rhoads ✓ ✓
Ferrell l� t✓
"I Mayor Coody
Subject:
Motion To: d�•�+�
Motion By: a
Seconded:
Lucas
Jordan
nN Reynolds
j IM406, Thiel
. . 1V Cook ✓
P/ Marr
Rhoads
d Ferrell
Mayor Coody ry
City Council Meeting July 18, 2000
Subject:
v
Motion To:
Motion By:
Seconded:
/( Lucas
Jordan
NReynolds
Thiel ✓
1 Cook
Marr ✓
Rhoads
' 6 -b Ferrell
Mayor Coody
Subject: UQ .L 0 - aOla� 16iW �G_Q�c(
Motion To:
Motion By:
Seconded:
Lucas
� I Jordan �/ ✓ r/
Nj�`�e�A � � Reynolds f ✓ �/
dy" Thiel ✓ ,/ r/
Cook / ✓ ✓
Marr �/ ✓ �✓
Rhoads ✓ ,/ �/
Ferrell LZ
Mayor Coody
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Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Cit Attome Kit Williams Ward 2 Position I - Kyle B. Cook
Y Y Ward 2 Position 2 - Don MarrCit Clerk Sondra Smith TayeVIWard 3 Position I - Robert F Rhoads
Y Ward 3 Position 2 — Robert Ferrell
KANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
July 18, 2006
A meeting of the Fayetteville City Council will be held on July 18, 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
b
De
A. CONSENT:
1 . Approval of the June 27, 2006 Special City Council meeting minutes and the July 6,
2006 City Council meeting minutes.
2. Planning Commissioner's Compensation: A resolution approving a Budget
Adjustment in the amount of $21 ,800.00 for Salaries and Wages expense related to the
compensation of Planning Commissioners.
B. UNFINISHED BUSINESS :
1 . To be determined at the July 6, 2006 City Council Meeting: All Unfinished Business
items from the July 6, 2006 City Council Meeting will be added to the Final Agenda.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
acct sfayetteville.org
C. NEW BUSINESS : • •
1 . ANX 06-2129 McDonald : An ordinance annexing that property described in annexation
✓petition ANX 06-2129 (CC2005-27, CC2006-7, and CC2006-8), for property located
south of Huntsville Road (HWY 16), west of Roberts Road, containing approximately
14.21 acres.
c2/ANX 06-2125 DunnerstocWFoster: An ordinance annexing that property described in
annexation petition ANX 06-2125 (CC2006-5), for property located at the north end of
59th Avenue, off Wedington Drive, containing approximately 60.20 acres.
RZN 06-2126 DunnerstocWFoster: An ordinance rezoning that property described in
rezoning petition RZN 06-2126, for approximately 60.20 acres, located north of
Wedington Drive, at the end of 591h, for R-A, Residential Agricultural to RSF-4,
Residential Single-Family, 4 units per acre.
-A./ VAC 06-2123 Launder: An ordinance approving VAC 06-2123 submitted by John
Launder for property located at 1025 Company, vacating 0.06 acre portion of the utility
easement located within the subject property.
VAC 06-2068 Bio-Based/City of Fayetteville: An ordinance approving VAC 06-2068
submitted by the City of Fayetteville for property located at 1475 Cato Springs Road,
vacating un-constructed right-of-way within the subject property in association with an
approved large scale development for Bio-Based.
mend Chapter 34, Cost Share Exemptions: An ordinance amending Chapter 34,
Article 11 of the Code of Fayetteville, to exempt Cost Share agreements for Infrastructure
Improvements from the requirements of §34.23 .
L74uncan Associates Water and Sewer Impact Fees Phase 2 : A resolution approving
the first contract amendment with Duncan Associates in the amount of $ 1109000.00 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; and approving a budget adjustment.
Brasfield & Gorrie, LLC: A resolution approving a construction contract with
Brasfield & Gorrie, LLC in the amount of $6, 130,000.00 to construct the Hamestring
Sewer Lift Station, WL-6; approving a four percent (4%) contingency in the amount of
$245,000.00; and approving a budget adjustment in the amount of $5, 100,000.00.
D. INFORMATIONAL:
City Council Tour: July 17, 2006 - 4 :30 PM
% aidOb Aid
' 113 WLSt Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
acces sf ayettevi I I e.org
OG
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coady Ward 1 Position 2 - Brenda Thiel
Ci Attorney Ki[ Williams Ward 2 Position I - Kyle B. Cook
City Y ev Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra SmithWard 3 Position 2 — Robert Ferrell
ayeV.
K Ward 4 Position 1 - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
July 18, 2006
A meeting of the Fayetteville City Council will be held on July 18, 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 27, 2006 Special City Council meeting minutes and the July 6,
2006 City Council meeting minutes.
2. Planning Commission's Compensation : A resolution approving a Budget Adjustment
in the amount of $21 ,800.00 for Salaries and Wages expense related to the compensation
of Planning Commissioners.
B. UNFINISHED BUSINESS :
1 . - `inSe-4 r (�ot � s �� n9 - 1n� � lst b 5 Hess n� i yet deter hayed,
witl be ached is lti &tial ac� c.
C. NEW BUSINESS :
1 . ANX 06-2129 McDonald: An ordinance annexing that property described in annexation
petition ANX 06-2129 (CC2005-27, CC2006-7, and CC2006-8), for property located
south of Huntsville Road (HWY 16), west of Roberts Road, containing approximately
14.21 acres.
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2. ANX 06-2125 DunnerstocWFoster: An ordinance annexing that property described in
annexation petition ANX 06-2125 (CC2006-5), for property located at the north end of
59th Avenue, off Wedington Drive, containing approximately 60.20 acres.
3. RZN 06-2126 DunnerstocWFoster: An ordinance rezoning that property described in
rezoning petition RZN 06-2126, for approximately 60.20 acres, located north of
Wedington Drive, at the end of 59th, for R-A, Residential Agricultural to RSF-4,
Residential Single-Family, 4 units per acre.
4. VAC 06-2123 Launder: An ordinance approving VAC 06-2123 submitted by John
Launder for property located at 1025 Company, vacating 0.06 acre portion of the utility
easement located within the subject property.
5. VAC 06-2068 Bio-Based/City of Fayetteville: An ordinance approving VAC 06-2068
submitted by the City of Fayetteville for property located at 1475 Cato Springs Road,
vacating un-constructed right-of-way within the subject property in association with an
approved large scale development for Bio-Based.
6. Amend Chapter 34, Cost Share Exemptions: An ordinance amending Chapter 34,
Article 11 of the Code of Fayetteville, to exempt Cost Share agreements for Infrastructure
Improvements from the requirements of §34.23 .
7. Duncan Associates Water and Sewer Impact Fees Phase 2 : A resolution approving
the first contract amendment with Duncan Associates in the amount of $ 1101000.00 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; and approving a budget adjustment.
C8. rasfield & Gorrie, LLC : A resolution approving a construction contract with
rasfield & Gorrte, LLC in the amount of $6, 130,000.00 to construct the Hamestring
ewer Lift Station, WL-6; approving a four percent (4%) contingency in the amount of
245,000.00; and approving a budget adjustment in the amount of $5, 100,000.00.
� e_c, rvtc U
D. INFORMATIONAL :
City Council Tour: July 17, 2006 - 4 :30 PM
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Amber Wood - Information Item for 89gft Session Page 1
DonicFrom: Michele ld
To: Wood, Amber A Q(�
Date: 5/5/06 5:23PM J
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
FAYETTEVILLE
THE CITY OF FAYETTEVIEEE, 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
DATE: July 19, 2006
RE: Passed Ordinances and Resolutions from City Council meeting
of July 18, 2006
1, Planning Commissioner's Compensation : Resolution approving budget
adjustment in amount of $21 ,800.00 for salaries and wages expense related to the
compensation of Planning Commissioners;
2. Improvement District No. 16 — Wellspring: Ordinance to establish and
lay off Fayetteville Municipal Property Owners' Improvement District No. 16 —
Wellspring;
3. ANX 06-2129: Ordinance annexing property described in ANX 06-2129
(CC2005-27, CC2006-7, and CC2006-8) for property located south of Huntsville
Road (Hwy. 16), west of Roberts Road, containing approximately 14.21 acres;
4. VAC 06-2123 : Ordinance approving VAC 06-2123 submitted by John
Launder for property located at 1025 Company, vacating 0.06 acre portion of
utility easement located within subject property;
5. VAC 06-2068: Ordinance approving VAC 06-2028 submitted by City of
Fayetteville for property located at 1475 Cato Springs Road, vacating
unconstructed rights-of-way within the subject property in association with an
approved Large Scale Development for Bio-Based;
7. Chapter 34 Amendment — Cost Share Exemptions: Ordinance
amending Chapter 34. Article II of the code of Fayetteville, to exempt cost share
agreements for infrastructure improvements from the requirements of §34 .23 ;
0 0
8. Duncan Associates Water & Sewer Impact Fees Phase 2: Resolution
approving first contract amendment w/Duncan Assoc. in amount of $ 110,000.00
to update existing water and wastewater impact fees, to calculate fees for
collection system, negotiate contracts w/cities of Elkins, Farmington and
Greenland to pay for and provide potential water and wastewater impact fees
within their corporate boundaries; approving budget adjustment and limiting City
of Fayetteville's expenditures to an amount not to exceed $55,000.00;
9, Brasfield & Gorrie, LLC: Resolution approving construction contract
w/Brasfield & Gorrie, LLC in amount of $6, 130,000.00 to construct Hamestring
sewer lift station, WL-6; approving 4% contingency in amount of $245,000.00;
and approving budget adjustment in amount of $5, 100,000.00.
•
2
Arkansas Democrat ($AxWe
Northwest Arkansas Times
Benton County Daily Record RECEIVED
P. O. BOX 1607
FAYETTEVILLE, AR 72702 jnl 19 2096
PHONE: 479-571 -6415 CIT' OF FAYETTEVIUE
CITY CL'cR;:S OFFICE
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 - -- FIIuL AGENDA — --- — - - - - -- -
CITY OFFAVE77EVIL ARKANSAS
Was inserted in the Regular Editions: cm COUNCIL MERnMO
July 17 2006 dyLv10. 2tyC ayVev �+1A meeting of the at BOD PM Ciry Council will th held
on July18.ratiog at600PMin Room t o/ the Ciry
Publication Charge : $ 183 . 96 Mountain Street.
Building Iooaietl et 113 West
Mountain Street, Fayetteville, Alienees.
Call tonrder
Roll Call
Pledge of Allegiance
Subscribed an worn to before me A. CONUMM
1. Approval of the June 27, 200E Stil lel Clty Council meeting "lint" and Ujo
This/jday of 2006. July 0. 200E city Council rrrcetIng reiradea.
2. Planning Conindr doneA Cwrpnaatlo w A resolution approving a Budget Adjustmentin
the amount of $21,800.00 for Salaries and Wages expense related to the compensation of Planning
CommlSsloners.
E. UNFINISHED SUSIN UNI
1. Rap alio Removal at W Clehum StnN, A resolution ordering the razing and removal
of a dilapidated and unsafe structure owned by Beacon Flats, LLC ]mated at 85 Cleburn Street'in
Notary Public the City of Fayetteville, Arkansas. This Item was Tabled at the July 6, 2006 City Council Mewing�10
Lie the July 18, 2006 City Council Meeting.
C. NEW EUSINESSI
1. Irrrgeremam 11111211 No. 16 - W.napdngt An ordinance to Establish and Ley 011
Fayetteville Municipal Property Owners' Improvement District No. 16 - Wellspring.
2. ANX M2129 MaDomidi An ordinance annexing that property described In annexation part.
MyCommission Expires : {loo ANX 062129 (CC200627, CC2006-7, and CC2000.8), for propel Ioceted south of Huntsville
Y P Road (HWY 16), West of Roberts Ratio, containing approximately 14 21 acres.
3. ANX 06-2125 Ducca ndinaWFoaton An ordinance annerJng that propel described'in
annexation petition ANX 06.2125 (CC2006-5), for property located at the north end of 59th Avenue,
Sharlene D. Williams o8 Wedington Drive, containing approximately 60.20 acres.
•. RLI 084126DunnerstoelgFoaten An Ordinance rezoning that property dewnbed In
Nota Public rezoning petition RZN 0&2126, Mr approximately 60.20 acres, located north of Watlington Dive,at
Notary the and of 59th, for R-A, Residential Agricultural to RSF-q Residential Single-Family, 4 unite Per acre.
S. VAC 084123 Location An ordinance approving VAC 062123 submitted by John Launder
State of Arkansas
for property located et 1025 Company, vacating 0.06 acre portion of the utility easement located
within Ute subject property.
My Commission Expires B. VAC 08.20880;*OaSOWCRVWFayeltOWBO: MOrdinance approving VAC 06-2068sub-
October 18, 2014 coned by the City of Fayetteville tar Property located at 1475 Cato springs Road, vacating un- I
stropm9ndt toBhBinl-way within the subject property in essociabon with an approved large scale days[-
7. Amend Cheptar 34, Coat Shan EKerr 9 Ionic An Ordinance amending Chapter 34,
ANcle 11 of the Coos of Fayetteville, to exempt Cps; Share agreements for Infrastructure i
Improvements from Ne requirements of §30.23,
S. Ounoan.Aaaociatce Water and Sewer [nW a Fe Plop $ A resolution approving
the first contract amendment with Duncan Associates In the amount of $110.000.00 to update the
existing Water and Wastewater Impact Fees, M calculate fees far the collection system, and negolk
ate contracts with the cities of Elkins. Farmngton, and Greenland to-pay far and provide Potential
Water and Wastewater Impact Fees within their corporate boundaries: and approving a budget
adNstmeat.
g. SneBaM A Oorrie, tLCi A resolution approving a ccns"GdOn contract with BrasflelE 8
Gorda, LLC in the amount of $6,130,000.00 to construct the Hamcaring Sewer Lir Station, WL•e;
approving a tour percent (4%) contingency in the amount of $255,ODO.00; and approving a budget
adjustment in the amount of S5,100,ODB OO.
10. Anrerrd 1188.05 of the UDO - large Scale Developnynp An ordinance to amend
§166.05 Large Scale Developrtrent of the Unified Development Code by adding Subsection (7) (a)
to allow consideration of a Development§ Emnornic SenefK.
D. INFORMATIONAY
CRY Coun*11 Term NONE -
• • Special City Council Meeting
June 27, 2006
Page I of
Aldermen
Mayor Dan Coody
Ward 1 Position 1 - Robert Reynolds
Ward 1 Position 2 - Brenda Thiel
City Attorney Kit Williams e
Ward 2 Position 1 - Kyle rt Cook
Ward 2 Position 2 - Don Marr
Ward 3 Position 1 - Robert K. Rhoads
City Clerk Sondra SmithTayve Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City of Fayetteville Arkansas
Special City Council
Meeting Minutes
June 27, 2006
A Special Meeting of the Fayetteville City Council was held on June 27, 2006 at 6:00 PM in
Room 326 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Aldermen Thiel, Cook, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney
Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Reynolds, Marr and Rhoads
Pledge of Allegiance
New Business:
Compensation & Classification Phase II Contract Approval: A resolution approving a
contract in the amount of $38,608.00 with Management Advisory Group for consulting services
for Phase II of the Compensation and Classification System Project; and approving a budget
adjustment in the amount of $38,608.00.
Michele Bechhold, Interim Human Resource Director: As you heard at Agenda Session,
Phase I will be completed on June 30, 2006. All the job descriptions will be delivered to the City
by the Johanson Group. Phase II of the project is going to include the consultant to facilitate with
the City Council and senior management to develop a city wide compensation philosophy, to
actually take all of those job descriptions and grade them utilizing the consultant' s job evaluation
methodology, conduct wage and benefit market surveys and provide implementation cost reports
to the city as well as options on other implementations if necessary for financial reasons. The
RFP was advertised on June 6, 2006 and closed on June 20, 2006, six proposals were received.
The Selection Committee chose to interview three of those firms, Johanson Group, Management
Advisory, and the Waters Consulting Group. The Selection Committee felt that all the proposals
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Special City Council Meeting
June 27, 2006
Page 2 of 3
were excellent proposals. The firms demonstrated a very good grasp of the city' s scope of the
project but in the end the Selection Committee chose to award the contract to Management
Advisory Group. It was a unanimous decision. Some of the reasons that the committee held up
for that choice included their extremely strong knowledge of municipal pay plans and the depth
of the project team. We wanted to make sure that there were senior consultants on the project
from beginning to end because we do have a tight time frame. Management Advisory Group
met that criteria, all the project consultants are Senior Project Consultants. Also there is software
that they will provide to us as part of the package price, it provides the ability for financial
analysis, it is very flexible and is much more capable of utilizing different scenarios than other
project software that we saw. The initial price that was submitted by Management Advisory
Group was actually the low bid at $32,343 .00 as you will notice your agenda item is actually for
$38,608 .00, we did that to include some additional onsite consulting. We wanted to have some
employee orientation meetings at the beginning of the project to make sure that we are
communicating through out the project to the employees, let them know what the project is
about, what their role is and expectations, as well as provide onsite consulting. If there are any
issues that arise then we need to have the consultant here to address those issues so that is an
addition four and one half days to the contract.
Mayor Coody: Thank you. Any questions for Michele on this?
Alderman Lucas: This is a very tight time line because they are going to come back one week
before we work on budgets right?
Michele Bechhold: Yes.
Alderman Lucas: Is it too tight a time line? Is there anything that will hold this up that you can
think of that might make them not be able to hit that deadline?
Michele Bechhold: The project consultant, Management Advisory Group, understands the time
frame and has committed to be able to deliver the project within that time frame. They did
express that it means that each time they present the city with something we will need to make a
decision and move forward. So it's just a partnership on each side, the city and the consulting
firm to make sure we are considering everything and moving forward without any stumbles.
Gary Dumas, Director of Operations: One of the things that they stressed some of those
decisions will be made by administration and some such as the compensation philosophy will
involve the council. All of the decisions have to be made in a fairly timely manner so that the
whole project can move forward very quickly. Just like with the Johanson Group there will be an
update from the consultant at every Agenda Session.
Alderman Ferrell: Alderman Man has put in a great deal of time on this. One of the things that
he stressed was the unusual candor displayed by this team. I think you guys shared that these
people meant what they said and they were going to do exactly what they said they were going to
do.
Alderman Ferrell moved to approve the resolution. Alderman Jordan seconded the
motion. Upon roll call the motion passed 5-0. Alderman Reynolds, Marr, and Rhoads
were absent.
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Resolution 115-06 as Recorded in the Office of the City Clerk.
Alderman Ferrell: I know we have miles to go on this but I would just like to say Michele,
Susan and everybody that's been involved on this has taken a lot of time and I thank you for the
job you're doing.
Meeting Adjourned at 6:05 PM
Dan Coody, Mayor
Sondra Smith, City Clerk/Treasurer
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Aldermen
Ward 1 Position 1 - Robert Reynolds
Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel
Ci Attorney Kit Williams Ward 2 Position t - Kyle B. Cook
, a
City Y Ward 2 Position 2 - Don Marr
'ryel
Ci Clerk Sondra Smith Ward 3 Position 1 - Robert K. Rhoads
CiFevty 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
July 6, 2006
A meeting of the Fayetteville City Council was 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.
Mayor Coody called the meeting to order.
PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Ferrell, Lucas, Jordan, City
Mayor Dan Coody, Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
CONSENT:
Approval of the June 20, 2006 City Council meeting minutes.
Approved
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.
Resolution 116-06 as Recorded in the Offtce of the City Clerk.
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.
Resolution 117-06 as Recorded in the Office of the City Clerk.
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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.
Resolution 118-06 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Ferrell
seconded the motion. Upon roll call the motion passed unanimously.
UNFINISHED BUSINESS:
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.
Alderman Ferrell: Our maximum exposure is $55,000 out of the $ 110,000?
Gary Dumas: That is correct.
Alderman Cook: Tim had talked about talking to the other Mayors and he was going to give us
an update on what the status was of the other cities as far as the contract was concerned.
Gary Dumas: I don't know what the status with Farmington is but Elkins did call today and they
are supposed to be discussing it tonight.
Alderman Thiel: It was my understanding we were going to table this for another two weeks.
Mayor Coody: Not to my knowledge.
Gary Dumas: We have a maximum exposure; if the other communities do not sign the
agreement then we will not do that work. It would be appropriate to go ahead and approve it
with the stipulation that if we do not get signed agreements in from Elkins, Farmington and
Greenland then we will not be responsible for it.
Alderman Ferrell moved to amend the resolution to read a not to exceed amount of
$55,000. Alderman Reynolds seconded the motion. Upon roll call the motion passed
unanimously.
Alderman Jordan moved to approve the resolution. Alderman Marr seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 119-06 as Recorded in the Office of the City Clerk.
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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.
Paul Mortenson, representing the owners: We would request this to be tabled to the next
meeting as we will have everything resolved by next Wednesday. We have already applied for
the permits but there has been some other issues with the easements and coordinating with utility
department heads and that has all been resolved and it is my understanding through the owners
that we should have everything set to go by next Wednesday.
Alderman Jordan moved to table the resolution to the July 18, 2006 City Council meeting.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman
Rhoads was absent during the vote.
This resolution was tabled to the July 18, 2006 City Council meeting.
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 7'h Street in the City of Fayetteville, Arkansas.
Suzette Maestri, the owner of the property: I do not disagree that it does need to come down
and it is in very poor shape. What I would request is time to do that. There are some things that
are of value to me and I would like to request three months to remove them.
Yolanda Fields, Community Resources and Code Compliance Director: It would be 60 days
before we begin work, we would notify you before we actually went out there so if it took an
extra week or so we could still work with you.
Suzette Maestri: In that time I could pull out the things that I want to pull out but I can't pull
everything out and have it down in 60 days. If I can have another 30 days to actually get it down
I could have it down.
Mayor Coody: What we would like to do if it is okay with the City Council, we might go ahead
and either approve this or table it for a couple of weeks. If Yolanda is willing to work with you
on this and you could expedite what you need to do to where we can take care of this problem we
would appreciate it.
Alderman Reynolds: I would like to put a time table on this, no more than 90 days.
Mayor Coody: If we were to approve this raze and removal with the stipulation that you take 90
days.
Alderman Lucas: It would be down.
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Yolanda Fields: That would give us the flexibility if there were an issue then we could move in
immediately without having to come back to Council.
Alderman Reynolds moved to approve the resolution. Alderman Ferrell seconded the
motion. Upon roll call the motion passed unanimously.
Resolution 120-06 as Recorded in the Office of the City Clerk.
NEW BUSINESS:
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.
Mayor Coody: I would like to visit with Mr. Davis about rewording Task Order #2 just to do it
on an as needed basis. How procedurally can we move forward with this?
Kit Williams: The City Council can approve this contract. You are the sole person that has the
power for the City to sign contracts so that you would be able to sign what you are in agreement
with. As long as you don't exceed the authority the City Council has given you, you can sign
another one as long as it is not greater than what is awarded. Other than that I don't know how
we would change this ordinance because this ordinance speaks of the total amount and not the
three different tasks.
Mayor Coody: Steve, you will be able to work with us on this to where we can get what we
need and we can still do it on an as needed basis.
Steve Davis with Davis Business Planning: The blanket contract that authorizes the city to
contract for services with me doesn't really have any money attached to it. It's the individual
task orders that have the money attached to it. The task order that I am most concerned about is
the one that is for the District Court software. It' s the one on the shortest time frame. If that is
Task Order # 1 then yes I am fine with it and yes I will work with the City on Task Order #2 if
it's the water and sewer rate work.
Kit Williams: What I might suggest that in the title and in the body instead of saying that you
approve a contract in the amount of $60, 100.00, you place not to exceed $60, 100.00 to make it
clear that it will probably be less than that.
Alderman Cook moved to amend the ordinance to read a not to exceed amount of
$60,100.00. Alderman Marr seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Lucas: It talks about travel and food, is that going to be above the $60, 100.00 and
what kind of travel is involved in the court software.
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Kit Williams: I can tell you it will not be above that, this is a contract not to exceed $60, 100.00
so it will not exceed that amount.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Marr seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Marr seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4893 as Recorded in the Office of the City Clerk.
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.
City Attorney Kit Williams read the ordinance.
Jeremy Pate passed out a color map and gave a brief description of the item.
Alderman Lucas moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Lucas moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Lucas: This is a piece of property these people have been working on and they
worked to get this other piece so that there wouldn't be an island. It is right in line with the rest
of the property and it's surrounded by the city.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Alderman Cook voting no.
Ordinance 4894 as Recorded in the Office of the City Clerk.
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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.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coady asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4895 as Recorded in the Office of the City Clerk.
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.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Alderman Cook voting no.
Ordinance 4896 as Recorded in the Office of the City Clerk.
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.
Alderman Ferrell: We are glad to have it in Ward 3 .
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Alderman Jordan moved to approve the resolution. Alderman Cook seconded the motion.
Upon roll call the motion passed unanimously.
Resolution 121-06 as Recorded in the Office of the City Clerk.
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.
Jeremy Pate: As the City Council is aware the Planning Commission denied a LSD of the
Divinity Hotel and Condos on June 26 s with a vote of 5-4. Subject to our Unified Development
Code the applicant and property owners were allowed to appeal that decision and has done so to
the City Council for consideration tonight. Staff did recommend approval of the LSD subject to
the conditions as noted in the staff report.
Jeremy went on to give a description of the item. He stated in our opinion we are being
consistent in our recommendation with regard to mass and requiring developers to reduce the
scale and mass to be more compatible and more transitional on Dickson Street. He pointed out
the six components of project denial listed within the Unified Development Code.
Mayor Coody: Jeremy, did you want to visit with us about what can be considered here as far
as the economics go, I wanted to hear your opinion on that.
Jeremy Pate: As stated in the City Attorney's memo it is my opinion that the economic
considerations while they can be discussed should not be a basis for a Planning Commission or
City Council decision of a LSD. Our Unified Development Code does not provide criteria that
states that an economic analysis should be made for each and every project.
Alderman Thiel: The City Attorney sent us a memo that I would like for him to discuss briefly
about the economic vitality.
Kit Williams: As I stated in my first memo to you, Aldermen may express purposes of the
commercial design and development standard section when discussing the compatibility and
transition issues. However I do agree with Jeremy, the decision needs to be made primarily on is
it compatible and does it provide a transition, those are the factors that you should consider. I
did send a quote case to you from the Supreme Court that says that you don't have to have
zoning regulations but once you have them you must follow them until you appeal them or
amend them. I will point out that Jeremy is officially charged in the Unified Development Code
as the administrator and interpreter of this chapter so I would defer to his interpretation that you
need to stick to the issues of compatibility and transition which was the argument before the
Planning Commission.
Paula Melody, a citizen, spoke about the project and did not voice whether or not she was in
favor or against the project.
Jeff Williams, a citizen, spoke in favor of the project and felt that it would be good for the future
of Fayetteville.
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Ryan Oyoungian, a citizen, spoke on the compatibility of the project and stated that this
building was important to Dickson Street and the future of Fayetteville. He stated that he was in
favor of this project.
Jeff Cumming, a citizen, spoke in favor of the project and stated that there is no doubt that this
hotel is compatible.
Cyrus Young a citizen spoke against the project and stated that it was not compatible with its
surroundings.
Dot Neely, a citizen, stated that we are not being progressive in how we develop. She provided
the City Council with a petition with 597 signatures requesting the City Council to deny approval
of the project.
Allyson Twiggs, Director of the Fayetteville Convention and Visitors Bureau, stated that they
needed more hotel rooms in the downtown area and she went on to speak in favor of the project.
Kinley Johnson, a citizen, stated that he supported the project 100% and he encouraged the City
Council to vote in favor of the project.
Howard Hamilton, a citizen and Fayetteville School Board member, briefly discussed how
important this project is to the schools. He requested that the City Council approve the project.
Cathy Foraker, Fayetteville Chamber of Commerce Board President, stated that the board's
resolution in support of this project had unanimous support.
Scott Bowman, a business owner, spoke in favor of the project and stated that he supported it.
Ken Stout, a citizen, spoke against the project and stated that the project was attractive but
inappropriate.
Nate Allen, a citizen, stated the Planning Commission was correct and this project is
incompatible for the area for Dickson Street. I do not think it is going to benefit our city.
Jim Hatfield, a citizen, spoke in favor of the project and stated that he did not see any reason to
not vote for this project.
Bill Ramsey with the Chamber of Commerce spoke in favor of the project and stated that the
City Council's decision will affect the future of Fayetteville.
Lane Davis, a citizen, spoke in favor of the project and stated that this was an incredible
opportunity for Fayetteville.
Dallas Breed, the owner of an audio visual rental production company in Fayetteville, voiced his
support for the project.
Valerie Williams, a citizen, spoke in favor of the project and asked the City Council to vote yes
to the project.
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Michael Del Pozzo, a citizen, spoke in favor of the project and encouraged the City Council to
vote for the project.
Sara Lesher, a business owner, stated that the project was compatible with the vision for
Dickson Street and Downtown.
Joanne Koamme, a citizen, passed out information to the City Council and asked that the
Barber Group keep the project in line with everything around it and to not make the project so
massive and out of place.
Matthew Griffith, a citizen, spoke in favor of the project.
Hank Broyles, a citizen, spoke in favor of the project.
Edward Hejtmanic, a citizen, spoke against the project and asked the City Council to vote
against it.
Sharon Davison, a citizen, spoke against the project.
Eric Lloy, a citizen, spoke in favor of the project.
Chaim Goodman Strauss, a citizen, spoke on the project and did not state whether or not he
was in favor or against the project.
Lynn Scott, a citizen, spoke against the project and stated that she would like to see the small
town height building maintained in the City of Fayetteville.
Rebecca LaTonnette, a citizen, spoke in favor of the project and stated that there was a need for
a nice hotel in that area.
Dr. Viva Pesarre, a citizen, spoke in favor of the project and stated that a hotel on Dickson
Street is a great idea.
Helena Gadison, a resident of Springdale, spoke in favor of the project and she stated that she
hoped there would be no negative force that would prevent change from happening in
Fayetteville.
Fran Alexander, a citizen, spoke against the project and stated that we need to respect the laws
that are in the books.
Jordan Garner, a citizen, spoke in favor of the project and stated that to have a successful
community we need to take these kinds of risks.
Dave Westendorf, a citizen, spoke against the project being placed on Dickson Street and
suggested that it be placed somewhere else in Fayetteville.
Ramsey Ball, a citizen, spoke in favor of the project and stated that Dickson Street was the
perfect place for this type of project.
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