HomeMy WebLinkAbout2009-05-05 MinutesMayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Minutes
May 5, 2009
Page I of 8
Aldermen
Ward I Position I —Adella Gray
Ward I Position 2 — Brenda Thiel
n Ward 2 Position 1 — Kyle B. Cook
G Ward 2 Position 2 — Matthew Petty
Ward 3 Position I — Robert K. Rhoads
Ward 3 Position 2 — Robert Ferrell
Ward 4 Position 1 — Shirley Lucas
Ward 4 Position 2 — Sarah E. Lewis
City of Fayetteville Arkansas
City Council Meeting Minutes
May 5, 2009
A meeting of the Fayetteville City Council
was
held on May 5,
2009 at
6:00 PM in
Room 219 of
the City Administration Building located at
113
West Mountain
Street,
Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Rhoads, Ferrell, Lucas, Lewis, Mayor Jordan,
City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Petty
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Mayor Jordan recognized the Spring International Group. They represent several different
nations across the world.
Presentations, Reports and Discussion Items:
Alderman Cook announced the Board and Committee openings and the deadline for applying.
Consent:
Approval of the April 7, 2009 City Council meeting minutes, April 16, 2009 Special City
Council meeting minutes, and April 21, 2009 City Council meeting minutes.
Approved
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City Council Meeting Minutes
May 5, 2009
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Insituform Technologies, Inc.: A resolution approving renewal of a contract with Insituform
Technologies, Inc. in the amount of $330,000.00 for 2009 sanitary sewer main line and service
lateral lining services.
Resolution 100-09 as Recorded in the office of the City Clerk.
Runway Safety Area Improvement Project Grants: A resolution authorizing the Fayetteville
Executive Airport staff to apply for and accept grants from the Federal Aviation Administration
and the Arkansas Department of Aeronautics to fund the Runway 16 Runway Safety Area
Improvement Project; and approving a budget adjustment recognizing the grant revenue.
This resolution was removed from the Consent Agenda for discussion.
Bid # 09-34 Runway Safety Area Improvement Project: A resolution awarding Bid # 09-34
and approving a contract with Sweetser Construction, Inc. in the amount of $969,325.65 for
construction of the Runway 16 Runway Safety Area Improvement Project.
This resolution was removed from the Consent Agenda for discussion.
McClelland Consulting Engineers, Inc.: A resolution approving an agreement with
McClelland Consulting Engineers, Inc. for Airport Engineering Services.
Resolution 101-09 as Recorded in the office of the City Clerk.
Alderman Thiel moved to remove the following from the Consent Agenda: Runway Safety
Area Improvement Project Grants and Bid # 09-34 Runway Safety Area Improvement
Project. Alderman Ferrell seconded the motion. Upon roll call the motion passed 6-0.
Alderman Rhoads was absent during the vote. Alderman Petty was absent.
Alderman Ferrell moved to table the Runway Safety Area Improvement Project Grants
and Bid # 09-34 Runway Safety Area Improvement Project to the May 19, 2009 City
Council meeting. Alderman Lewis seconded the motion. Upon roll call the motion passed
6-0. Alderman Rhoads was absent during the vote. Alderman Petty was absent.
Alderman Thiel moved to approve the Consent Agenda as amended. Alderman Lewis
seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads was absent
during the vote. Alderman Petty was absent.
Unfinished Business: None
Public Hearing:
Mayor Jordan opened the Public Hearing.
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Watson Condemnation and Possession: A resolution authorizing the City Attorney to seek
condemnation and possession of certain lands owned by Aaron H. Watson and Patricia Watson
needed for the Mt. Comfort Road widening project.
Chris Brown, Interim City Engineer: This is the final piece of property to be acquired for the
Mount Comfort Contract II project. We have acquired 59 of the 60 properties required for this
project. We were not able to negotiate a settlement with Mr. Watson. We are requesting
authorization to proceed to condemnation to acquire this right of way.
Alderman Cook: We have been trying to negotiate with them on a settlement and can not come
to terms at this point?
Chris
Brown:
That is
correct.
They are
asking for
almost the entire cost of the
property. We
do not
feel we
are close
enough
to be able
to come to
any kind of an agreement.
Alderman Cook: If we pass this
the usual
process
is that we continue
to negotiate as much as
we can until it comes to that point
where we
have to
move forward.
full appraisal
Alderman Lewis: How is the pricing determined?
Chris Brown: We have not done an
appraisal on
this particular property. If we have ten
properties that
are similar we will do an
appraisal on
one of the properties and make offers for
the rest of the
properties. We will do a
full appraisal
on this property before we proceed to the
condemnation
and order of possession.
Mayor Jordan asked for public comment.
There was no public comment.
Mayor Jordan closed the Public Hearing.
Alderman Ferrell moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the motion passed 7-0. Alderman Petty was absent.
Resolution 102-09 as Recorded in the office of the City Clerk.
New Business:
2009 Justice Assistance Grant (JAG): A resolution authorizing the Fayetteville Police
Department to apply for a 2009 Edward Byrne Memorial Justice Assistance Grant in the amount
of $456,807.00, $207,129.00 of which will be used by the Fayetteville Police Department for the
purchase of equipment with $106,765.00 to be disbursed to the City of Springdale and
$88,913.00 to Washington County.
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Greg Tabor, Chief of Police: This grant does not require any match on our part or any
commitment of the City. We have been getting this grant for several years. The amount of
money is significantly more. Last year we had $24,000 to split between the three agencies. One
of the grant requirements was that the public be allowed the opportunity to speak about it.
Mayor Jordan asked if there was any public comment.
There was no public comment.
Alderman Gray moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the motion passed 7-0. Alderman Petty was absent.
Resolution 103-09 as Recorded in the office of the City Clerk.
RZN 09-3233 (Physicians Specialty Hospital): An ordinance rezoning that property described
in rezoning petition RZN 09-3233, for approximately 2.97 acres, located at 3873 North Parkview
Drive from R -O, Residential Office, to P-1, Institutional.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Development Services Department Director The Planning Commission voted 9-0
in favor of this request. Staff recommended in favor of this request. Jeremy gave a brief
description of the rezoning.
Alderman Ferrell moved to
suspend the rules and go
to the second reading.
Alderman
Thiel seconded the motion.
Upon roll call the motion
passed 7-0. Alderman
Petty was
absent.
absent.
City Attorney Kit Williams read the ordinance.
Alderman
Ferrell moved
to suspend
the rules and go to the third and final reading.
Alderman
Lucas seconded
the motion.
Upon roll call the motion passed 7-0. Alderman
Petty was
absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Petty was absent.
Ordinance 5237 as Recorded in the office of the City Clerk.
ADM 09-3235 Amend Chapters 151, 161 and 162: An ordinance amending Title XV: Unified
Development Code of the City of Fayetteville, to amend Chapters 151: Definitions, 161: Zoning
Regulations, and 162: Use Units in order to classify and define animal daycare, animal boarding,
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and kennels, and to permit these uses in certain situations in Commercial, Industrial, and
Residential -Agricultural Zoning Districts.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance. The Planning Commission voted
unanimously in favor of this.
Alderman Lewis: Thank you for the work that went into this. It seems like it facilitates the
process for more options in the C-2 zoning area. I think that is going to be good.
Jeremy Pate: There was a lot of discussion at the staff level because it is sort of an agricultural
use but it is really sort of a business too. A lot of these operations also sell grooming products
and offer grooming services. It is kind of a cross between an agricultural and a commercial use.
We felt it was appropriate in certain commercial districts and the conditional use permit ability
will allow the Planning Commissioners to look at those on a case by case basis.
Alderman
Ferrell:
Thanks
to the staff we
have another
situation
where we are
defining the
parameters
for zoning
and we
are also able to
accommodate
a request
for a citizen.
Melanie Chambers: I brought this to the attention of Jeremy and Andrew. Thank you so much
for working on this. I support amending the zoning regulations.
Alderman Ferrell moved to
suspend the rules and go
to the second reading.
Alderman
Thiel seconded the motion.
Upon roll call the motion
passed 7-0. Alderman
Petty was
absent.
absent.
City Attorney Kit Williams read the ordinance.
Alderman
Cook 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
Petty was
absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Petty was absent.
Ordinance 5238 as Recorded in the offrce of the City Clerk.
ADM 09-3249 Amend Chapter 164: An ordinance amending the Unified Development Code
subsection 164.02: Accessory Structures and Uses, to include setback and height regulations for
accessory structures.
City Attorney Kit Williams read the ordinance.
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Jeremy Pate gave a brief description of the ordinance. The Planning Commission voted 8-0 in
favor of this. Staff is supportive of this request.
Alderman Lucas asked Jeremy to explain the higher than ten feet section of the ordinance.
Jeremy Pate: If it is higher than ten feet it simply has to meet the regular set backs just like the
principal structure. It is really capped at ten feet. If you want to be closer to the property line
you have to be within that ten feet maximum height. There is a maximum of 45 feet in
residential districts for homes.
Alderman Lucas: So you can go up as much as you want?
Jeremy Pate: Just like your house currently. In the past we did not have a height limit at all and
we established that for all residential zoning districts with the hillside/hilltop overlay district. The
45 feet came out of that discussion.
Alderman Lewis: I feel like this is a way to facilitate some more options for residents and more
housing. Thank you for working on it.
Alderman Ferrell 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 Petty was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Cook moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman
Petty was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Petty was absent.
Ordinance 5239 as Recorded in the office of the City Clerk.
American Recovery and Reinvestment Act: A resolution authorizing the Mayor to submit
water, wastewater and storm water projects for consideration for funding under the American
Recovery and Reinvestment Act; and designating the Mayor as the City of Fayetteville's
authorized representative in all matters relating to the application and administration of said
request.
David Jurgens, Utilities Department
Director: These are the projects that we submitted under
the Recovery Act.
The City Council
has to pass a resolution approving the
submission of this
project
for a grant
or loan funding. In
an effort to be ahead of the game I will
let them
know that
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we are very interested in pursing these and that we are proceeding forward as if we will be
approved.
City
Attorney
Kit Williams: We are considering the resolution that has
the projects listed by
name
and cost.
That is the resolution
that was with the final agenda.
to
Alderman Lewis: This only deals with the listed projects?
City Attorney Kit Williams: You are authorizing the Mayor to apply for and accept these ten
projects. It is limited to these ten projects.
Alderman Lucas moved to approve the resolution. Alderman Lewis seconded the motion.
Upon roll call the motion passed 7-0. Alderman Petty was absent.
Resolution 104-09 as Recorded in the office of the City Clerk.
Agenda Additions: None
Announcements:
Don
Marr, Chief
of
Staff: At the upcoming
agenda session we will have a full report
on the
next
steps related
to
the Fayetteville Forward
Economic
Summit. The results of your
initial
priorities, the items that the staff will be addressing first, as well as a recommended appointment
of a Council member to address these items from the twelve areas that were brought up at the
Summit.
The Transportation Division has completed a final sweep through the entire City on the debris
cleanup related to the commercial sites. From this point forward limbs and yard waste will be
picked up by the Solid Waste Division within the guidelines of the normal yard waste operating
program. We are excited that the Transportation Division will return to its normal duties for the
first time since January 26 of this year.
During this time we have removed over 100,000 cubic yards of debris in addition to the 500,000
cubic yards of debris that were handled by our outside contractor. You can be very proud of the
City staff for the work that they did on private streets and commercial areas.
Mulch removal began at Fox Hunter Road and that contractor has hauled approximately 40 to 50
loads through the end of business today which is about 5,000 yards directly from the site at Fox
Hunter to the end use areas in Huntsville and Morrilton, Arkansas. Those locations are using the
chips for boiler fuel. We are not using the site on Willoughby at this time.
Alderman Thiel: I knew they were not using that site yet. Have they received the approval
from ADEQ?
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David Jurgens: They have applied for the ADEQ permit but they have not yet received it.
They are hoping they will not have to use that site except as an over flow site and not as a
primary. They are going to try to not use the site if possible. They did not think they could
locate their grinders on Fox Hunter but they are managing to do it. It is creating some difficulty
for them because the site is really muddy.
Don Marr: What might or might not drive the usage of the site would be being able to meet the
City's contractual terms of May 20.
Through the close of business yesterday we had picked up about 495,463 cubic yards which is
about the estimate that we told you. We spent about $4,101,000 so far and there are more
invoices that will come through.
Alderman Thiel: I appreciate the staff and everyone trying to work out a better situation for
Ward 1 residents. Thank you very much.
The meeting a0journed at 6:40 PM
t t.Sondra E. Smith, City CherEfFreasurer—
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