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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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org � ' / City Council Meeting July 18, 2006 �J�.tt�v.. /0 � `t'� /QAI-,,� Subject: Motion To: I Motion By: Seconded: Lucas � Jordan � (dam 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 Motion By: Seconded: 13 , 11 Lucas Jw(ipo Jordan /', Reynolds T`� Thiel Cook Marr 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� ��� ,� I ( Motion To: &AM �C �n _ . _/ Motion By: •1 Seconded: CII 1 Lucas � Jordan i/ ✓ ✓ Nwd Reynolds "' ` dAdu q JAM LJ�J10�" Thiel / ✓ ✓ Cook ✓ i/ � Marr ✓ ✓ ✓ Rhoads ✓ co4Ferrell ✓ ✓ D Mayor Coody 7 - a 7 -0 7- o Subject: 9 In Motion To: mv-'J ��i& Motion By: 6141A JI &JAC�k ,14 Seconded: Lucas V ' Jordan �/ ✓ ✓ ✓ Reynolds ✓ ✓ f3W ;Ul4) Thiel ✓ ✓ ✓ Cook 1/ ✓ Al 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 Cook � Marr Rhoads ✓ d Ferrell 0 Mayor Coody �0 Subject: N Motion To: Motion By: Seconded: Lucas CJordan ✓ /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: Lucas ✓ AIAO Jordan ✓ Reynolds ,/ Thiel Cook ur 1 Marr ju p Rhoads V/ _ U Ferrell Mayor Coody �� bb 8 -0 City Council Meeting July 18, 2000 Subject: A �7 � / /� I � Motion To: Motion By: � 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 � ' U � � 0 g�0 . a &4Z "/, i(0(0 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. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi l le.org 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 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayelteville.org 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 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • • Special City Council Meeting June 27, 2006 Page 3 of 3 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 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org • • City Council Meeting Minutes July 6, 2006 Page I of 14 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 6, 2006 Page 2 of 14 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le.org • • City Council Meeting Minutes July 6, 2006 Page 3 of 14 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 6, 2006 Page 4 of 14 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. 113 West Mountain 72701 (479) 521 .7700 (479) 575-8257 (Fax) accessfayetteville.org • • City Council Meeting Minutes July 6, 2006 Page 5 of 14 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • • City Council Meeting Minutes July 6, 2006 Page 6 of 14 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 . 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 6, 2006 Page 7 of 14 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes July 6, 2006 Page 8 of 14 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • City Council Meeting Minutes July 6, 2006 Page 9 of 14 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. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org