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HomeMy WebLinkAbout2003-11-04 MinutesCity Council Minutes November 4, 2003 Page l of 5 Minutes Of The City Council Meeting November 4, 2003 A meeting of the Fayetteville City Council was held on November 4, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Davis, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Mayor Coody called the meeting to order. Alderman Marr moved to suspend the rules and add the Nominating Committee Report to the agenda. Alderman Jordan seconded. Upon roll call the motion passed unanimously. The Nominating Committee is recommending the appointment of James Graves to the Planning Commission to fill an unexpired term ending 3/31/05. A Copy of the report is attached. Alderman Thiel: The policy has always been in the past to try to replace someone with a person that has basically the same philosophy, did the committee feel that Mr. Graves had the same philosophy or close to it that Mr. Estes had? Alderman Marr: We were asked to look for someone that had flexibility to attend sub -division meetings, sub -committee meetings, agenda tours, agenda meetings and Planning Commission meetings. We were asked for someone who would be a replacement with linear or logical thinking, was an advantage that the Commission was looking for, often found in attorneys. This gentleman is an attorney and of the four alderman that conducted the interviews this candidate was the first ranked candidate on all four ballots. We believe that he had a good understanding of the role of a planning commissioner not to make law ordinances, but to administer ordinances and philosophy we believe he aligned within the realm of where Mr. Estes would tend to vote. Alderman Marr moved to approve the Nominating Committee report. Alderman Thiel seconded. Upon roll call the motion passed unanimously. Tina Gill and Sara Eichmann representing the Arkansas Cancer Coalition presented the Community of Excellence Award to the City of Fayetteville for the overall field of cancer control. The proclamation read as follows: The Arkansas Cancer Coalition is proud to present to the City of Fayetteville Arkansas a Communities of Excellence Award for outstanding service to it's residents and to the resident's of the great State of Arkansas. On Tuesday, September 2, 2003, City Council Minutes November 4, 2003 Page 2 of 5 the city's smoke free ordinance was signed, thereby making Fayetteville the first city in Arkansas to pass such an ordinance. It is through such acts of integrity that the health of all the residents of our state will be improved. We the members of the Arkansas Cancer Coalition salute the City of Fayetteville. Mayor Coody: Thank you very much. This is a state award. CONSENT: Approval Of The Minutes: Approval of the September 16, 2003 meeting minutes and approval of the August 6, 2002 meeting minutes. Razorback Transit Contract: A resolution approving a contract with the University of Arkansas Razorback Transit in the amount of $25,000.00 to provide public transit service to the citizens of Fayetteville. Resolution 162-03 As Recorded In The Office Of The City Clerk. Preferred Office Products Contract: A resolution to approve the purchase or lease of copiers from Cannon USA and a maintenance agreement with Preferred Office products. Resolution 163-03 As Recorded In The Office Of The City Clerk. Yvonne Richardson Center Floor Covering Contract: A resolution awarding Bid #03-56 and approving a contract with Sport Court of Arkansas in the amount of $46,970.00 for the purchase and installation of a polypropylene floor covering system for the basketball court at the Yvonne Richardson Center; and approving a project contingency in the amount of $4,697.00 for same. Resolution 164-03 As Recorded In The Office Of The City Clerk. ADEQ Recycling Grant: A resolution authorizing the Fayetteville Solid Waste and Recycling Division to accept a grant in the amount of $30,000.00 from the Arkansas Department of Environmental Quality (ADEQ) and the Tri -County Solid Waste District for the replacement of a conveyor belt at the Recycling Facility. Resolution 165-03 As Recorded In The Office Of The City Clerk. Downing Sales and Service Conveyor Belt Purchase: A resolution awarding Bid #03-57 and approving a contract in the amount of $28,334.66 to Downing Sales and Service, Inc. for the purchase and installation of a conveyor belt for the Recycling Center; and approving a budget adjustment in the amount of $31,372.00 for same. Resolution 166-03 As Recorded In The Office Of The City Clerk. Alderman Jordan moved to approve the consent agenda as read. Alderman Davis seconded. Upon roll call the motion passed unanimously. City Council Minutes November 4, 2003 Page 3 of 5 OLD BUSINESS: Use Of Skateboards And Skates Upon Sidewalks: An ordinance to repeal §74.08 of the Fayetteville Code and enact a replacement §74.08 to permit the use of skateboards, roller skates and inline skates on all city streets and to regulate their use on sidewalks and private property. This ordinance was left on the second reading at the October 21, 2003 City Council meeting. Mayor Coody: I understand that the Council would like to forward this to the Ordinance Review Committee. Alderman Reynolds moved to table this ordinance until the Ordinance Review Committee can review the ordinance. Alderman Marr seconded. Upon roll call the motion to table passed unanimously. NEW BUSINESS: Group Benefits Renewal: An ordinance waiving the requirements of formal competitive bidding to allow for the renewal of employee group policies with US Able Life to provide life, accidental death and dismemberment, and long term disability insurance coverage with Blue Cross/Blue Shield for the group medical plan. Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Reynolds seconded. Upon roll call the motion passed unanimously. Kit Williams read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Davis seconded. Upon roll call the motion passed unanimously. Kit Williams read the ordinance. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4526 As Recorded In The Office Of The City Clerk RZN 03-30.00 Williams: An ordinance rezoning that property described in rezoning petition RZN 03-30.00 as submitted by Christopher Williams for property located at 288 Knerr Road. Kit Williams: Since Christopher Williams is my real name I will yield this seat to Assistant City Attorney David Whitaker during this discussion. Assistant City Attorney David Whitaker read the ordinance. Alderman Jordan moved to suspend the rules and go to the second reading. Alderman Reynolds seconded. Upon roll call the motion passed unanimously. City Council Minutes November 4, 2003 Page 4 of 5 Assistant City Attorney David Whitaker read the ordinance. Alderman Jordan moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded. Upon roll call the motion passed unanimously. Assistant City Attorney David Whitaker read the ordinance. Alderman Thiel: We passed something very similar to this about a year ago; we have done this and set a precedence of doing this particularly on hillsides where we want to try to protect some of the density from the run off. Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4527As Recorded In The Office Of The City Clerk R-PZD 03-04.00 Lazenby Properties: An ordinance establishing a Residential Planned Zoning District titled R-PZD 03-04.00 located on the west side of Razorback Road between Baum Stadium and the State Revenue Office containing 8.79 acres, more or less; amending the official zoning map of the City of Fayetteville; and according to the Associated Residential Development Plan as approved by the Planning Commission. Kit Williams read the ordinance. Dawn Warrick: This particular project is combining a large scale development on one tract of land with a land use request, a rezoning; the property is currently zoned I-1 which is heavy commercial light industrial. The request is to develop 112 multi -family residential units containing 168 bedrooms with 168 associated parking spaces, in addition to that 15,400 square feet of office retail usage is also proposed in three structures at the east side of the property near Razorback Road. The property is currently vacant, located on Razorback Road south of the Revenue office. The site is special; there are wetlands on the site that the applicant has incorporated into the design of the project to utilize for detention and for preservation. The Planning Commission has approved this request. We are in the process of looking at a slight amendment to the plat; originally there was a proposal to include some additional warehousing storage facilities. Because warehousing and storage is a use that cannot be permitted within a Residential Planned Zoning District, the applicant is choosing to conduct a property line adjustment to move that property with those proposed warehouse structures onto an existing development. Because that will slightly amend Exhibit A in this petition, we would request that you leave this on the first reading so we can make sure the description that you have when it goes forward is fully accurate. Alderman Davis: The contractor storage units, those will be removed from this project? Dawn Warrick: Yes, we expect they will be built, through building permits, within a separate project. They will be removed from this Residential Planned Zoning District. Alderman Davis: Those storage units currently back up to other storage facilities don't they? City Council Minutes November 4, 2003 Page 5 of 5 Dawn Warrick: They do, and they have access through that other storage facility. Don Hillis, Landtech Engineering: We have been working on this for about a year on getting this thing approved. The city staff informed us that we are not allowed to have these contractor warehouses in this project. We would like to go on with this project. We would request that you go on with the readings. Kit Williams: We are concerned about that because we don't have a proper legal description at this point in front of the City Council, they would be adopting Exhibit A, which includes the storage facilities that you have right now, so they would be zoned incorrectly and you could not build this project. I think it would be dangerous to ask the City Council to go forward because of the problems that our city planner just spoke about. This warehousing would not be allowed in this project. Tim Conklin: Our recommendation is that we amend the legal description and then it will be on the agenda the next time. This ordinance was left on the first reading. Meeting adjourned at 6:20 PM Sondra Smith City Clerk