HomeMy WebLinkAbout2006-11-21 Minutes•
Mayor Dan Coody
City Attorney Kit Williams ayelLeviitle
City Clerk Sondra Smith
ARKANSAS
City of Fayetteville Arkansas
City Council Meeting Minutes
November 21, 2006
City Council Meeting Minutes
November 21, 2006
Page I of 14
Aldermen
Ward I
Position I
— Robert Reynolds
Ward I
Position 2
— Brenda Thiel
Ward 2
Position I
— Kyle B. Cook
Ward 2
Position 2
— Nancy Gordon Allen
Ward 3
Position I
— Robert K. Rhoads
Ward 3
Position 2—
Robert Ferrell
Ward 4
Position I
— Shirley Lucas
Ward 4
Position 2
— Lioneld Jordan
A meeting of the Fayetteville City Council was held on November 21, 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, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Dan
Coody, Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Alderman Thiel was absent.
Pledge of Allegiance
Nancy Gordon Allen Oath of Office by Judge Rudy Moore
Alderman Allen thanked her friends and family for their support.
Alderman Cook announced the Board and Committee openings and encouraged citizens to
apply for the open positions.
CONSENT:
Approval of the October 17, 2006 City Council meeting minutes and the October 19, 2006
Special City Council meeting minutes.
Approved
• Baird, Kurtz & Dobson (BKD), LLP: A resolution approving the annual contract renewal with
Baird, Kurtz & Dobson (BKD), LLP, in the amount of $65,000.00 to provide independent audit
services to the City of Fayetteville.
Resolution 189-06 as Recorded in the Office of the City Clerk.
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The Southern Company NLR, Inc: A resolution approving a contract with The Southern •
Company of NLR, Inc. in the amount of $231,738.00 for the purchase and construction of fuel
tanks and dispensing system at the Happy Hollow Maintenance Complex; and approving a
budget adjustment in the amount of $256,738.00 which includes $25,000.00 for site preparation,
concrete and asphalt.
Resolution 190-06 as Recorded in the Office of the City Clerk.
Williams Tractor Company: A resolution awarding Bid #06-61 and approving the purchase of
one (1) Medium Track Excavator from Williams Tractor Company in the amount of $98,747.00
for use by the Transportation Division; and approving a budget adjustment in the amount of
$1003000.00.
Resolution 191-06 as Recorded in the Office of the City Clerk.
Alpha Utilities, Inc: A resolution approving a contract with Alpha Utilities, Inc. in the amount
of $1,185,000.00 for improvements to the 36"and 42" water transmission mains from Beaver
Water District to the City of Fayetteville; approving a four percent (4%) contingency in the
amount of $47,000.00 and approving a budget adjustment in the amount of $734,677.00.
Resolution 192-06 as Recorded in the Office of dee City Clerk.
Garver Engineers, LLC: A resolution awarding an engineering contract to Garver Engineers, •
LLC in an amount not to exceed $227,550.00 for traffic studies, conceptual design services,
surveys, and related services associated with the Cato Springs Road (Technology Corridor)
Project.
Resolution 193-06 as Recorded in the Office of the City Clerk.
CEI Engineering Associates, Inc: A resolution awarding an engineering contract to CEI
Engineering Associates, Inc. in an amount not to exceed $88,380.00 for survey, design and
bidding services associated with the Gregg Avenue Improvements Project.
Resolution 194-06 as Recorded in the Office of the City Clerk.
Carter & Burgess, Inc: A resolution awarding an engineering contract to Carter & Burgess,
Inc. in an amount not to exceed $233,148.00 for survey, design, bidding and related services
associated with the Garland Avenue (Highway 112) Improvements Project between I-540 and
Howard Nickell Road.
Resolution 195-06 as Recorded in the Office of the City Clerk.
Wayest Safety, Inc: A resolution awarding Bid #06-62 and approving the purchase of
replacement personal protective equipment from Wayest Safety, Inc. in the amount of •
$159,740.00 for use by the Fayetteville Fire Department.
Resolution 196-06 as Recorded in the Office of the City Clerk.
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• Fayetteville Natural Heritage Association, Inc: A resolution to apply the cost of up to
$80,000.00 of the pavilion to be built in Mount Sequoyah Woods to the remaining $100,000.00
due for the purchase of all developmental rights in Mount Sequoyah Woods by the Fayetteville
Natural Heritage Association, Inc.
Resolution 197-06 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Reynolds
seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was absent.
PUBLIC HEARINGS:
Mayor Coody Opened the Public Hearing.
Buffco Inc. Taxi Service: A resolution granting a Certificate of Public Convenience and
Necessity to Buffco Inc. for the operation of four (4) to ten (10) taxicabs within the City of
Fayetteville, Arkansas. This resolution was tabled at the November 7, 2006 City Council
meeting to the November 21, 2006 City Council meeting.
Greg Tabor, Police Chief: We have been provided with all the paper work necessary for this
certificate, therefore I recommend approval.
• Alderman Ferrell moved to approve the resolution. Alderman Jordan seconded the
motion. Upon roll call the resolution passed 7-0. Alderman Thiel was absent.
Resolution 198-06 as Recorded in the Office of the City Clerk.
Mayor Coody Closed the Public Hearing.
UNFINISHED BUSINESS:
R-PZD 06-2191, University Club Tower: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 06-2191, University Club Tower, located north of Lowe's Home
Center, east of College Avenue (Highway 71), containing approximately 10.39 acres; amending
the Official Zoning Map of the City of Fayetteville; and adopting the Associated Master
Development Plan. This ordinance was left on the First Reading at the November 7, 2006 City
Council meeting.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was
absent.
• City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning gave a brief update on the PZD. He asked the City
Council to amend the PZD to reflect the updated conditions of approval. He also stated the
applicant worked with the City Engineering Division to come up with an alternative alignment
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for the street that would hopefully save the existing spring house structures. He stated staff is •
supportive of this request.
Alderman Ferrell moved to amend the ordinance to accept the amended Conditions of
Approval. Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0.
Alderman Thiel was absent.
Ron Petrie, City Engineer explained to the Council the reason for a private street instead of a
public street.
Alderman Ferrell moved to amend the ordinance to approve a Private Street for the
development. Alderman Reynolds seconded the motion. Upon roll call the motion passed
7-0. Alderman Thiel was absent.
Jeremy Pate: The plats that were passed out tonight differ from those that you had. This
different plat is an effort to meet the City Council desires to protect the existing canopy and the
spring house and springs that are in this location.
Mayor Coody: Will we be losing that old rock built up spring area or will this preserve that.
Daniel Ellis, Crafton, Tull, and Associates: This alignment is still impacting the spring closest
to College Avenue. There is alternative to avoid that but it will regard some work with our
neighbor to the north. We just need to get with him and get that done. •
Mayor Coody: Can we amend this to move that road to the north to stay away from the spring?
Jeremy Pate: You would need to adopt a new condition of approval. Jeremy read the condition
of approval.
Alderman Cook: I agree those spring houses should be preserved, to accommodate that they
are going to have to deal with the owner to the north. So we do not know what the out come of
that negotiation will be.
Daniel Ellis: There is already existing documents in place that allows for access easements on
neighboring properties in this subdivision.
Alderman Cook: I would feel better if we knew exactly what was going to happen.
Dave Chapman stated we would like to save this spring too but there is also the face of the bluff
that needs to be saved. It will require an easement from Mr. Pitts. Maybe he will work with us.
Alderman Rhoads: Do you have the easement now?
Dave Chapman: No.
City Attorney Kit Williams: The easement was to provide a city street not a private street. •
A discussion followed on the street and the location of the street and the project itself.
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• Alderman Rhoads moved to amend the ordinance to accept the New Plat that was provided
at the City Council meeting. Alderman Ferrell seconded the motion. There was no vote on
the motion.
This ordinance was Left on the Second Reading
R-PZD 06-2256, 932 Garland:
An ordinance establishing a Residential Planned
Zoning
District titled R-PZD 06-2256, 932
Garland, located at 932 Garland,
between Berry and
Hughes
Street, containing approximately 0.84
acres; amending the Official
Zoning Map of the
City of
Fayetteville; and adopting the Associated Master Development Plan.
This ordinance was left on
the First Reading at the November
7, 2006 City Council meeting.
Alderman Reynolds moved to suspend the rules and go to the second reading. Alderman
Rhoads seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate: The applicant can not be present for this meeting so they would like this left on
the second reading.
• This ordinance was left on the second reading.
•
ADM 06-2324 Amend Title XV: DMP Supplementary District Regulations: An ordinance
amending Title XV: Unified Development Code of the Code of Fayetteville to amend various
sections of the code in order to implement the Supplementary District Regulations for the
Downtown Master Plan Area. This ordinance was left on the Second Reading at the November
7,1006 City Council meeting.
Alderman
Reynolds moved to
suspend
the rules and
go to the third and final reading.
Alderman
Cook seconded the
motion.
Upon roll call
the motion passed 7-0. Alderman
Thiel was
absent.
City Attorney Kit Williams read lite ordinance.
Tim Conklin, Planning & Development Management Director: You received a memo from our
City Attorney regarding Exhibit E which discusses the sign ordinance and the issue of banners,
our City Attorney is asking for additional time to work on that. Staff is recommending you pull
out that part of the ordinance.
Alderman Cook moved to amend the ordinance to remove Section 4 from the ordinance.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
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Alderman Jordan moved to amend the ordinance to add Section 4 back into the ordinance •
and to remove Section 5 from the ordinance. Alderman Cook seconded the motion. Upon
roll call the motion passed 7-0. Alderman Thiel was absent.
Mayor Coody asked
shall the ordinance pass.
Upon
roll call the ordinance passed 7-0.
Alderman Thiel was
absent.
the motion. Upon
roll call the motion passed 7-0. Alderman
Ordinance 4946 as Recorded in the Office of the City Clerk.
Emerald Point ADM 06-2282 Appeal: An appeal of the Planning Commission's decision
regarding ADM 06-2282 (Emerald Point). This appeal was Tabled at the November 7, 2006
City Council meeting to the November 21, 2006 City Council meeting.
Jeremy Pate: The applicant can not be present tonight and would like to table this appeal.
Alderman
Jordan moved to
table the appeal to
the December 5, 2006 City Council meeting.
Alderman
Lucas seconded
the motion. Upon
roll call the motion passed 7-0. Alderman
Thiel was
absent.
Sunbridge Villas R-PZD 06-2213 Appeal: An ordinance establishing a Residential Planned •
Zoning District Tiled R-PZD 06-2213, Sunbridge Villas, located northwest of Sunbridge Drive
and Villa Blvd., containing approximately 20.92 acres; amending the Official Zoning Map of the
City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance
was left on the First Reading at the November 7, 2006 City Council meeting.
Alderman Jordan
moved to suspend
the rules and go to the second
reading. Alderman
Reynolds seconded
the motion. Upon
roll call the motion passed 7-0.
Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate: The applicant is requesting this item to be left on the second reading.
This ordinance was left on the second reading.
NEW BUSINESS:
RZN 06-2291, HWY 16 Animal Hospital: An ordinance approving RZN 06-2291 submitted
by Jorgensen and Associates for property located at 2805 East Huntsville Road, for
approximately 3.42 acres, rezoning the subject property from RSF-1, Residential Single -Family,
one unit per acre, R -A, Residential Agricultural, and C-1, Neighborhood Commercial to C-1,
Neighborhood Commercial. •
City Attorney Kit Williams read the ordinance
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• Jeremy Pate gave a brief description of the rezoning. He stated Planning Commission voted 6-0
in favor of this request and Planning staff is recommending approval of this project.
Alderman Cook asked how this fits in with the Future Land Use for 2025.
Jeremy Pate stated it would be a city neighborhood area and would fit very well within that
classification.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked
shall the ordinance pass.
Upon
roll call the ordinance passed 7-0.
Alderman Thiel was
absent.
roll call the motion passed 7-0.
Alderman Thiel was
• Ordinance 4947 as Recorded in the Office of the City Clerk.
R-PZD 06-1884, Westside Village: An ordinance establishing a Residential Planned Zoning
District Titled R-PZD 06-1884, Westside Village, located south of Wedington, east of Rupple
Road, containing approximately 21.63 acres; amending the Official Zoning Map of the City of
Fayetteville; and adopting the Associated Master Development Plan.
City Attorney Kit Williams read the ordinance
Jeremy Pate gave a brief description of the RPZD. Jeremy also explained the proposed
conditions of approval for the project.
Alderman Jordan
moved to suspend
the rules and go to the second
reading. Alderman
Reynolds seconded
the motion. Upon
roll call the motion passed 7-0.
Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
Todd Jacobs, project manager gave a brief history of the project.
• Richard Alexander, developer, also gave a brief history of the project and the process.
Mayor Coody: This is a big improvement over what could have been in this area. We
appreciate your willingness to try to do a better design.
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Alderman Lucas expressed her concern about the connectivity and the private versus public •
street.
Alderman Cook: I want to be clear before we approve this that connectivity will be provided.
A discussion followed on the parking and reduced street widths.
City Attorney Kit Williams discussed the stub outs. He proposed they dedicate and build out
the streets within a foot of the property line so there is no question what is going to happen in the
future.
Alderman Cook: Do we know what kind of uses will go into this commercial retail space?
Richard Alexander: We are anticipating a mixed use, live, work, office, commercial, a coffee
shop, dry cleaning shop, light commercial use.
Alderman Jordan: This
is not anything we can't
work out.
Compared to what we could have
in there, this was shown at
the Ward 4 meeting and
everybody
loved it. I think this is the kind of
development we need.
This ordinance was left on the second reading.
VAC 06-2290, Grubbs: An ordinance approving VAC 06-2290 submitted by Richard L. •
Grubbs for property located at Lot 6 Block 1 of the Northpoint Subdivision on Point Circle,
vacating a portion of a utility easement on the subject property.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the vacation. He stated Planning Commission and staff
is recommending approval.
Alderman Cook
moved to suspend the
rules and go to the second
reading. Alderman
Lucas seconded
the motion. Upon roll
call the motion passed 7-0.
Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. •
Alderman Thiel was absent.
Ordinance 4948 as Recorded in the Office of the City Clerk.
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• ADM 06-2252 Future Land Use Map: A resolution adopting the Future Land Use Map and
associated text as part of the City Plan 2025 Comprehensive Land Use Plan for the City of
Fayetteville.
Tim Conklin
stated Planning Commission voted 6-1
in favor of the plan.
He said public
comments are
included in the agenda packets.
at areas
that were
Karen Minkel gave a PowerPoint presentation showing the map. She stated this map has gone
through a lot of review.
Alderman Cook: What was the process to form the sector map and the zoning map to make this
map that we are seeing?
Karen
Minkel:
We are
not using this map to
replace the sector map. We did use the sector map
to look
at areas
that were
targeted for growth.
being shown as dense
A discussion followed on the different use areas of the map.
Alderman Lucas expressed her concern about needing more industrial areas.
Don Conner asked about an area on Mission Boulevard and the proposed use for that section.
• Tim Conklin stated they thought there was an opportunity to look at how to incorporate within
our City Plan 2025 Future Land Use Map the undeveloped area within east Fayetteville to create
more of a complete plan.
Don Conner stated that area
is designated
by the
Fayetteville Natural
Heritage Association's
study as urban forest. It is
designated as
being
preserved yet it is
being shown as dense
development.
Alderman Ferrell: Is this something the Council voted on in the past?
Don Conner: No it never made it to Council.
Alderman Allen: I am confused about how the Future Land Map would be altered because of
the possibility of a project that isn't approved.
Mayor Coody: We can change the zoning in the future.
Tim Conklin: That is correct. The map is a guide and can be changed.
Alderman Jordan moved to table the resolution to the December 5, 2006 City Council
meeting. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0.
is
Alderman Thiel was absent.
This resolution was Tabled to the December 5, 2006 City Council meeting.
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Assign Annexed Territory to Ward 4: An ordinance to attach and incorporate approximately •
1,419.3 acres of land into the corporate limits of the City of Fayetteville pursuant to the
annexation election of October 10, 2006, assign all this territory to Ward 4 and to assign the
zoning designation of R -A to all parcels.
City Attorney Kit Williams read the ordinance.
Alderman Cook asked if this affects the ward redistricting.
City Attorney Kit Williams: 1 have asked Mr. Conklin to provide me the census figures by
precinct so we can look at them in the current ward situation and see if the population figures
differ very much from ward to ward. If they are pretty similar between the wards, then we don't
need to do anything, we can wait until 2010. If there is a large imbalance between the wards we
will bring it to the City Council with some proposals and make some minor modifications
between the wards to try to make the population figures fairly equal between the wards again. I
do not have that information yet.
Alderman Cook: Is that something we as a city do.
City Attorney Kit Williams: The city does it.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was •
absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Thiel was absent.
Ordinance 4949 as Recorded in the Office of the City Clerk.
J.B. Hays and Charles Sloan Land Sale: An ordinance to waive the requirements of §34.27 of
the Fayetteville Code of Ordinances and to authorize the sale of approximately 36.62 acres of the
Westside Treatment Plant site to J.B. Hays and Charles Sloan for $1,166,367.00.
City Attorney Kit Williams read the ordinance.
Alderman Cook: Persimmon will connect through? •
Tim Conklin: It will continue through.
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• Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Thiel was absent.
Ordinance 4950 as Recorded in the Office of the City Clerk.
Harmony Pointe and Copper Creek Playgrounds: An ordinance waiving the requirements of
formal competitive bidding and approving the purchase of playground equipment from Game
Time by Southwest Parks & Playgrounds, L.P. in the amount of $85,161.00 for Harmony Pointe
and Copper Creek Parks.
• City Attorney Kit Williams read the ordinance.
Mayor Coody: Why should we waive competitive bidding on this?
Connie Edmonston, Parks & Recreation Director: We are getting 50% off the list price of
the playgrounds. That is pretty much unheard of This company is very strong on helping to
fight childhood obesity. We will bid the installation out.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Rhoads moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Thiel was absent.
• Ordinance 4951 as Recorded in the Office of the City Clerk.
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Solid Waste and Recycling Purchase: An ordinance waiving the requirements of formal •
competitive bidding indefinitely for the purchase of 2 to 8 yard dumpsters, roll -off style boxes,
compactors and receiver boxes.
City Attorney Kit Williams read the ordinance.
Alderman Cook: How much do we spend a year on these boxes?
Brian Pugh: About $160,000.
A discussion followed on the daily charge and the life of the boxes.
Alderman Cook
moved to suspend
the rules and go to the second
reading. Alderman
Jordan seconded
the motion. Upon
roll call the motion passed 7-0.
Alderman Thiel was
absent.
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance. •
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Thiel was absent.
Ordinance 4951 as Recorded in the Office of the City Clerk.
RJN Group, Inc: A resolution approving Contract Amendment #4 to the agreement for
Professional Engineering Services with RJN Group, Inc. in the amount of $953,049.00 to
provide design and construction phase services pertaining to technical design, engineering, Corps
of Engineers and stormwater permit issues for the West Side and Farmington area Wastewater
System Improvements Project (subprojects WL -10, WL -11 and WL -12); and approving a
contingency in the amount of $40,000.00.
Alderman Cook: I would like to table this until we get a sewer agreement from Farmington.
Alderman
Cook moved to table the
resolution to the December 5,
2006 City Council
meeting.
Alderman Ferrell seconded
the motion. Upon roll call the
motion passed 7-0.
Alderman
Thiel was absent.
Robinson, Stafford and Rude, Inc: A resolution approving a contract for Professional
Engineering Services with Robinson, Stafford and Rude, Inc. (RSR) in the amount of $39,844.00 •
(to be wholly reimbursed by the City of Farmington) to provide value engineering services for
the Farmington and West Fayetteville Area Wastewater System Improvement Project
engineering design.
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• Alderman Cook: I would also like to table this until we get a sewer agreement from
Farmington.
Alderman Cook moved to table the resolution to the December 5, 2006 City Council
meeting. Alderman Jordan seconded the motion. Upon roll call the motion passed 7-0.
Alderman Thiel was absent.
This resolution was Tabled to the December 5, 2006 City Council meeting.
VAC 06-2337 Kevin Pittman: An ordinance approving VAC 06-2337 submitted by Kevin
Pittman for property located at 1985 Purva Place, vacating a portion of the 25 foot utility
easement located along the southern property line adjacent to New Bridge Road.
Alderman Jordan moved to move this item on the agenda from Item #12 to Item # 11.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a description of the vacation. He stated a portion of the house that is
encroaching on the east side will be required to be removed. Staff is recommending approval of
• this vacation request. Planning Commission voted 8-0 in favor of this vacation request.
Alderman Lucas: What happens if we deny this?
Jeremy Pate: They would be in violation of our city codes for a structure that is located within
a utility easement. They would have the opportunity to appeal your decision to Circuit Court.
Beyond that they would be required to remove that portion of the house.
Alderman Lucas: I brought this forward because it is an eyesore in the neighborhood. I
ordinarily am not in favor of vacating encroachments like this but this has been an eyesore in the
neighborhood for a year. They stopped building on this last December. I felt like it needed to be
heard for the other neighbors. It needs to be constructed or torn down.
Alderman Lucas
moved to suspend
the rules and go to the second
reading. Alderman
Ferrell seconded
the motion. Upon
roll call the motion passed 7-0.
Alderman Thiel was
absent.
City Attorney Kit Williams read the ordinance.
April Pittman thanked the Council for helping them with this. She stated they thought the
builder was doing all the things that was supposed to be done.
• Alderman Jordan: How much did they get over?
Jeremy Pate: Approximately 17 feet.
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Alderman Jordan moved to suspend the rules and go to the third and final reading. •
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Thiel was absent.
Ordinance 4953 as Recorded in the Office of the City Clerk.
Proposed 2007 Annual Budget & Work Program: A resolution adopting the 2007 Annual
Budget and Work Program as approved and amended.
Paul Becker, Finance Director gave a brief overview of the budget. He stated there is a working
session scheduled for December 2, 2006.
Cyrus Young: The budget you are considering now is in balance and the first budget that was
proposed was not in balance. He asked about why the city is trying to find money to run the city
when the state has a huge surplus.
Mayor Coody: I would assume because the state gets a six cent sales tax and we get basically •
one might have something to do with it.
Alderman
Jordan moved to table the resolution
to the
December 5,
2006 City Council
meeting.
Alderman Lucas seconded the motion.
Upon
roll call the
motion passed 7-0.
Alderman
Thiel was absent.
This resolution was tabled to the December 5, 2006 City Council meeting.
Meeting Adjourned at 9:05 PM
Sondra Smith, City Clerk/Treasurer
•
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