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Home My WebLink About2009-09-15 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthew Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting September 15, 2009 A meeting of the Fayetteville City Council will be held on September 15, 2009 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 Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: 1. Nominating Committee Report APPROVED A. Consent: 1. Arts Live Theatre: A resolution approving the lease agreement with Arts Live Theatre d/b/a/ Arts Live for use of the property at 818 North Sang Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 194-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 2. 2009 Edward Byrne Memorial Local Solicitation Grant: A resolution authorizing the Fayetteville Police Department to accept a 2009 Edward Byrne Memorial Local Solicitation Grant in the amount of$111,387.00, $50,506.00 of which will be used by the Fayetteville Police Department with $39,201.00 to be disbursed to the City of Springdale and $21,680.00 to Washington County; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 195-09 3. 2009-2010 Justice Assistance Grant: A resolution accepting the 2009-2010 Justice Assistance Grant for federal and state funding in the amounts of $164,306.00 and $32,861.00 respectively as the primary funding for the 4t" Judicial District Drug Task Force; and approving a budget adjustment to recognize the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 196-09 4. TranSystems Corporation: A resolution approving an agreement with TranSystems Corporation in an amount not to exceed $58,598 for the inspection, analysis, and a feasibility report providing technical guidance for the rehabilitation of the two historic overpass bridges on Lafayette and Maple Streets. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 197-09 5. Bid # 09-52 United Engines, LLC: A resolution awarding Bid # 09-52 and approving the purchase of seven (7) emergency standby generators from United Engines, LLC in the total amount of$104,562.00 plus applicable taxes for use at wastewater lift stations; and approving a budget adjustment in the amount of$5,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 198-09 6. Garver, LLC: A resolution approving a contract with Garver, LLC in an amount not to exceed $88,340.00 for engineering services associated with the rehabilitation of the Lake Wilson Spillway; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 199-09 7. Economic Development Services: A resolution to approve a two year contract for Economic Development with the Fayetteville Chamber of Commerce in the amount of $250,000.00 and to approve the attached budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 200-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of II'h Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. This ordinance was left on the Second Reading at the July 7, 2009 City Council meeting. This ordinance was left on the Third Reading at the July 21, 2009 City Council meeting and tabled to the August 18, 2009 City Council meeting. This ordinance was left on the Third Reading at the August 18, 2009 City Council meeting and tabled to the September 15, 2009 City Council Meeting. This Ordinance was left on the Third Reading. THIS ORDINANCE FAILED. 2. Rock Quarries Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating rock quarrying facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This Ordinance was left on the First Reading. THIS ORDINACE WAS LEFT ON THE SECOND READING. 3. Red Dirt Mining Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating red dirt mining facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This Ordinance was left on the First Reading. THIS ORDINACE WAS LEFT ON THE SECOND READING. C. New Business: 1. ECO Vista Waste Management Landfill: An ordinance waiving the requirements of formal competitive bidding and accepting an interim rate quote from Waste Management for the disposal of solid waste; approving a budget adjustment; and declaring an emergency. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5272 2. Solid Waste Transfer Station Employee: A resolution authorizing the addition of one (1) full-time employee in the Solid Waste & Recycling Division to move operations in- house for the Solid Waste Transfer Station and scale house; and approving a budget adjustment in the amount of$50,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 202-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 3. RZN 09-3398 (Schaffer): An ordinance rezoning that property described in rezoning petition RZN 09-3398, for approximately 0.17 acres, located at 528 North College Avenue from C-2, Thoroughfare Commercial, to DG Downtown General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5273 4. RZN 09-3394 (Box): An ordinance rezoning that property described in rezoning petition RZN 09-3394, for approximately 1 acre, located at 2013, 2025, 2037 and 2049 Box Avenue from RSF-4, residential single-family, 4 units per acre, to RMF-6, residential multi-family, 6 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5274 5. VAC 09-3397 (University of Arkansas): An ordinance approving VAC 09-3397 submitted by University of Arkansas for property located at 10 North Garland to vacate approximately 5,663 square feet of existing utility easement on the subject property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5275 6. VAC 09-3399 (Harris): An ordinance approving VAC 09-3399 submitted by Bates and Associates for property located at 303 South West Avenue to vacate a portion of the West Avenue right-of-way and an unconstructed 30' street right-of-way on the subject property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5276 7. ADM 09-3423 (S. West Avenue Master Street Plan Amendment): A resolution amending the Master Street Plan, reclassifying S. West Avenue, between W. South Street and W. Prairie Street, from a 45 foot right-of-way to a 40 foot right-of-way, as described and depicted in the attached map. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 203-09 Agenda Additions: 1. Energy, Efficiency and Conservation Block Grant: A resolution to accept a $724,900.00 Energy, Efficiency and Conservation Block Grant and to approve a budget adjustment recognizing the revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 201-09 Announcements: 1. City Council Tour: None Adjournment: 11:00 p.m. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting: September 15,2009 Adjourn: Subject: Roll Gray Thiel r/ Cook Petty Rhoads Ferrell r/ Lucas Lewis Mayor Jordan Subject: ��1Ft1 t1Cd�ta Motion To: Motion By: Seconded: Cid Gray ✓ Thiel ✓ �prmUed Cook Petty Rhoads ✓ Ferrell ✓ Lucas Lewis Mayor Jordan Z 'd City Council Meeting: September 15,2009 Subject: Consent Motion To: 9 Ute' Motion By: Seconded: 7 Gray Thiel Pk"�Q Cook ✓ Petty ✓ Rhoads Ferrell Lucas r/ Lewis Mayor Jordan Subject: �6iC� iPst" `c e0` ot. eQe�- t Motion To: 40 7a�, 9v a Motion By: a T Seconded: It'sa� Gray �/ ✓ poo Thiel Cook Petty ✓� Rhoads f Ferrell ✓ Lucas ys° Lewis Mayor Jordan City Council Meeting: September 15,2009 Subject: RZN 09-3271 (Sale Barn/Campus Crest LLC) !Seconded: otion To: otion By: B. 1 Gray t Unfinished Thiel Business Cook Petty Rhoads ' �( Ferrell Lucas Lewis Mayor Jordan 3r�f aue Subject: Rock Quarries Facilities f3a1 Gr, Nn�Qv Motion To: az-, Ad Motion By: Seconded: B. 2 Gray !� Unfinished Thiel W.-- Business Business Cook ow Petty ✓ ✓ Rhoads ✓ (� Ferrell ✓ f ^ Lucas j Lewis / Mayor Jordan City Council Meeting: September 15,2009 Subject: Red Dirt Mining Facilities Motion To: �(^ -0 am,"� - � + I Motion By: � '1`i-b Seconded: B. 3 Gray V,- Unfinished Thiel f Business Cook Petty ✓ { o Rhoads Ferrell ✓ ✓ IVA ® Lucas Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: September 15, 2009 Subject: ECO Vista Waste Management Landfill 2n�c Motion To: Motion By: C 0 0 L L Seconded: C. 1 Gray ✓ ✓ v� t/ New Thiel / ✓ f Business Cook Petty ✓ �/ Rhoads Ferrell ✓ ✓ a°' Lucas �- J qp Lewis ✓ e✓ Mayor Jordan Subject: Solid Waste Transfer Station Employee Motion To: Motion By: Seconded: h C.2 Gray New Thiel Business Cook Petty Rhoads PFerrell Lucas v' Lewis Mayor Jordan 7-0 City Council Meeting: September 15,2009 Subject: RZN 09-3398 (Schaffer) q O-J aZ� C. 3 Gray ✓ �/ New Thiel ✓ i/ ✓ Business Cook ✓ ✓ ✓ Petty ,/ ✓ °� Rhoads ✓ ✓ Ferrell �f �/" t✓ Lucas ✓ ✓ ✓ Lewis ✓ (/ '� Mayor Jordan Subject: RZN 09-3394 (Box) Motion To: Ipa Motion By: Seconded: C. 4 Gray ✓ ✓ �✓ New Thiel ✓ L/ Business Cook ✓ �✓ ✓ Petty ✓ ✓ ✓ PRhoads Ferrell ✓ ✓ �✓ Lucas ✓ t✓ ✓ Lewis Mayor Jordan City Council Meeting: September 15,2009 Subject: VAC 09-3397 (University of Arkansas) Motion To: d 3hd Motion By: CPO Seconded: C. 5 Gray ✓ New Thiel i,/` ✓ Business Cook �e� ✓ Petty Rhoads Ferrell ✓ / Lucas Lewis �/` ✓ Mayor Jordan .0 t� g Subject: VAC 09-3399 (Harris) Motion To: Motion By: Seconded: i�bo C. 6 Gray New Thiel ✓ Business Cook Petty / ✓ P Rhoads i✓ i Ferrell Lucas Lewis ✓ Mayor Jordan City Council Meeting: September 15, 2009 Subject: ADM 09-3423 (S. West Avenue Master Street Plan Amendment) Motion To: P rD d2 Motion By: Seconded: C 7 Gray New Thiel Business Cook Petty Rhoads Ferrell f Lucas Lewis Mayor Jordan �—o Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City AttorneyCy -Aj� a ................................................._,....777- DATE: September 16, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 15, 2009 1. Arts Live Theatre: A resolution approving the Lease Agreement with Arts Live Theatre d/b/a Arts Live for use of the property at 818 N. Sang Avenue; 2. 2009 Edward Byrne Memorial Local Solicitation Grant: A resolution authorizing the Fayetteville Police Department to accept a 2009 Edward Byrne Memorial Local Solicitation Grant in the amount of$111,387.00, $50,506.00 of which will be used by the Fayetteville Police Department with $39,201.00 to be disbursed to . the City of Springdale and $21,680.00 to Washington County and approving a budget adjustment; 3. 2009-2010 Justice Assistance Grant: A resolution accepting the 2009-2010 Justice Assistance Grant for federal and state funding in the amounts of $164,306.00 and $32,861.00 respectively as the primary funding for the 4h Judicial District Drug Task Force; and approving a budget adjustment to recognize the grant revenue; 4. TranSystems Corporation: A resolution approving an agreement with TranSystems Corporation in an amount not to exceed $58,598.00 for the inspection, analysis and a feasibility report providing technical guidance for the rehabilitation of the two historic overpass bridges on Lafayette and Maple Streets; 5. Bid #09-52 United Engines, LLC: A resolution awarding Bid #09-52 and approving the purchase of seven emergency standby generators from United Engines, LLC in the total amount of$104,562.00 plus applicable taxes for use at wastewater lift stations; and approving a budget adjustment in the amount of$5,000.00; 6. Garver, LLC: A resolution approving a contract with Garver, LLC in an amount not to exceed $88,340.00 for engineering services associated with the rehabilitation of the Lake Wilson Spillway and approving a budget adjustment; 7. Economic Development Services: A resolution to approve a two year contract for Economic Development with the Fayetteville Chamber of Commerce in the amount of$250,000.00 and to approve the attached budget adjustment; 8. ECO Vista Waste Management Landfill: An ordinance waiving the requirements of formal competitive bidding and accepting an interim rate quote from Waste Management for the disposal of solid waste; approving a budget adjustment and declaring an emergency; 9. Solid Waste Transfer Station Employee: A resolution authorizing the addition of one full-time employee in the Solid Waste & Recycling Division to move operations in-house for the Solid Waste Transfer Station and Scale House; and approving a budget adjustment in the amount of$50,000.00; 10. Energy, Efficiency & Conservation Block Grant: A resolution to accept a $724,900.00 Energy, Efficiency and Conservation Block Grant and to approve a budget adjustment recognizing the revenue. 2 RECEIVED SEP 15 2009 BILL OF ASSURANCE CITY OF FAYETTEVILLE FOR THE CITY OF FAYETTEVILLE, ARKANSAS CITY CLERK'S OFFICE In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner') Campus Crest Development, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Conunission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to only those permitted uses expressly provided or referenced within the Downtown General zoning ordinance . 2. Other restrictions including number and type of structures upon the property are limited to: a) A three-story height restriction on all buildings within fifty (50) feet of the property line along Government Avenue; b) There shall be a density limit of twenty (20) residential apartment units per acre on all property subject to the overall development prior to any land dedication as required by the City of Fayetteville. 3. Specific activities will not be allowed upon petitioner's property include all uses not expressly permitted by Downtown General zoning classification. 4. In addition, the following requirements or restrictions shall apply: a) Petitioner shall dedicate approximately 0.39 acres to the Fayetteville Parks Department for multi-use Frisco Trail expansion and park land dedication; b) Petitioner shall cooperate with the Fayetteville Parks Department to provide a pedestrian trail from Government Avenue to the Frisco Trail; c) Petitioner shall plant native vegetation along Government Avenue, National Street,Dunn Avenue and Eleventh Street; d) Petitioner shall incorporate at least two full access points to existing city streets for pedestrian and vehicular traffic; e) Petitioner shall construct a rain garden detention facility at the northeast corner of Dunn Avenue and Eleventh Street, f) Petitioner shall construct a Storm Water Quality Basin/ Detention Pond along the Frisco Trail; g) Petitioner shall construct on-street parking along Government Avenue, National Street,Dunn Avenue, and Eleventh Street. 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF andin agreement with all the terms and conditions stated above, I, DA-A C fan r,J I =9 &6C%06-.-rras the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. e-TI,S / Z>%' .0 4,%1 0, �joiz.'q-CA(j Date Printed Name Zfoo 1e-x scuf-a-4 (f Address Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the /51L-day of Ssp*e^be r , 2009, appeared before me, hA( \C. a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOIFARY PTJBLIC My Commission Expires: KAREN GUEST NOTARY FU51311-- WASHINGTON COUNTVARKANSAS COMMISSION NO.12358W EXPIRES:011•28017 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position I —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Tentative Agenda City of Fayetteville Arkansas City Council Meeting September 15, 2009 A meeting of the Fayetteville City Council will be held on September 15, 2009 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 Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: A. Consent: 1. Approval of the September 1, 2009 City Council meeting minutes. 2. Arts Live Theatre: A resolution approving the lease agreement with Arts Live Theatre d/b/a/Arts Live for use of the property at 818 North Sang Avenue. 3. 2009 Edward Byrne Memorial Local Solicitation Grant: A resolution authorizing the Fayetteville Police Department to accept a 2009 Edward Byrne Memorial Local Solicitation Grant in the amount of$111,387.00, $50,506.00 of which will be used by the Fayetteville Police Department with $39,201.00 to be disbursed to the City of Springdale and $21,680.00 to Washington County; and approving a budget adjustment. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting: Septt.nber 15,2009 Adjourn: ' d 100A` Subject: Roll Gray Thiel Cook Petty Rhoads , Ferrell Lucas Lewis r/ Mayor Jordan Subject: �n�',ti f E ria Motion To: Motion By: Seconded: Gray ✓ Thiel Q�pro�ed Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan c/ D �� City Council Meeting: Sepiomber 15,2009 Subject: Consent Motion To: Motion By: ov Seconded: Gray i/ Thiel Cook ✓ PPetty ✓ Rhoads Ferrell Lucas Lewis Mayor Jordan g -o Subject: Motion To: d rcadkjAi o 7a�f, goo Motion By: Seconded: Gray i/ ✓ PThiel Cook Petty Rhoads Ferrell f Lucas Lewis Mayor Jordan City Council Meeting: Septo.aber 15,2009 Subject: RZN 09-3271 (Sale Barn/Campus Crest LLC) Motion To: Motion By: Seconded: B. 1 Gray Unfinished Thiel Business Cook Petty Rhoads41 MA-1 �� `�� Ferrell ✓ Lucas Lewis Mayor Jordan Subject: Rock Quarries Facilities Motion To: iw Ad Motion By: cc�J Seconded: B. 2 Gray Vol- Unfinished Thiel Business Cook �- dv� Petty Rhoads 3 " s Ferrell ✓ �' Lucas yr L Lewis f Mayor Jordan City Council Meeting: Septo,nber 15,2009 Subject: Red Dirt Mining Facilities Motion To: Motion By: � Seconded: B. 3 Gray ✓ Unfinished Thiel r/ ✓ Business Cook Petty Rhoads ✓ ✓ Ferrell �/ ✓ IVA Lucas Lewis ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: Scptomber 15, 2009 Subject: ECO Vista Waste Management Landfill Motion To: n � U Motion By: rJ l 0 0 Seconded: C. 1 Gray ✓ ✓ New Thiel / �* Business Cook Petty Rhoads Ferrell Lucas ✓ Lewis ✓ f �� CjQ QM.i e� Mayor Jordan Subject: Solid Waste Transfer Station Employee Motion To: /} Motion By: Lb d Seconded: C.2 Gray New Thiel Business Cook ✓ Petty Rhoads PFerrell Lucas e/ Lewis Mayor Jordan 7-0 City Council Meeting: September 15,2009 Subject: RZN 09-3398 (Schaffer) Motion To: Motion By: AU LLnL Seconded: C. 3 Gray ✓ New pThielBusiness ✓✓ r/ ✓ Ferrell Lucas ✓ t/ ✓ Lewis ✓ ✓. ✓ Mayor Jordan Subject: RZN 09-3394 (Box) Motion To: aLh I Motion By: Seconded: C O0 C. 4 Gray ✓ ✓ �✓ New Thiel / ✓ ✓ Business Cook ✓ !✓ ✓ Petty ✓ ✓ ✓ PRhoads Ferrell ✓ ✓ Lucas Lewis f Mayor Jordan City Council Meeting: Septo,nber 15,2009 Subject: VAC 09-3397 (University of Arkansas) n Motion To: �Q 3hd �Q of Motion By: CD �L Seconded: C. 5 Gray New Thiel �/" ✓ Business Cook Petty Rhoads Ferrell Lucas V/ Lewis t/ Mayor Jordan Subject: VAC 09-3399 (Harris) Motion To: �C Motion By: Seconded: i�b0 C. 6 Gray New Thiel ✓ Business Cook Petty / ✓ n n Rhoads f Ferrell ✓ Lucas ,// Lewis Mayor Jordan City Council Meeting: Sept,.ober 15,2009 Subject: ADM 09-3423 (S.West Avenue Master Street Plan Amendment) Motion To: Ap P ro J e Motion By: /I Seconded: C. 7 Gray ✓ New Thiel ✓ Business Cook Petty e/ Rhoads ✓ �OJ\U4 ' Ferrell ✓ Lucas Lewis f Mayor Jordan �—o Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan 4. 2009-2010 Justice Assistance Grant: A resolution accepting the 2009-2010 Justice Assistance Grant for federal and state funding in the amounts of $164,306.00 and $32,861.00 respectively as the primary funding for the 4`h Judicial District Drug Task Force; and approving a budget adjustment to recognize the grant revenue. 5. TranSystems Corporation: A resolution approving an agreement with TranSystems Corporation in an amount not to exceed $58,598 for the inspection, analysis, and a feasibility report providing technical guidance for the rehabilitation of the two historic overpass bridges on Lafayette and Maple Streets. 6. Bid # 09-52 United Engines, LLC: A resolution awarding Bid # 09-52 and approving the purchase of seven (7) emergency standby generators from United Engines, LLC in the total amount of$104,562.00 plus applicable taxes for use at wastewater lift stations; and approving a budget adjustment in the amount of$5,000.00. 7. Garver, LLC: A resolution approving a contract with Garver, LLC in an amount not to exceed $88,340.00 for engineering services associated with the rehabilitation of the Lake Wilson Spillway; and approving a budget adjustment. B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. This ordinance was left on the Second Reading at the July 7, 2009 City Council meeting. This ordinance was left on the Third Reading at the July 21, 2009 City Council meeting and tabled to the August 18, 2009 City Council meeting. This ordinance was left on the Third Reading at the August 18, 2009 City Council meeting and tabled to the September 15, 2009 City Council Meeting. This Ordinance was left on the Third Reading. 2. Rock Quarries Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating rock quarrying facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This Ordinance was left on the First Reading. 3. Red Dirt Mining Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating red dirt mining facilities so that these facilities will not be nuisances. This ordinance was left on the First Reading at the September 1, 2009 City Council meeting. This Ordinance was left on the First Reading. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 C. New Business: 1. RZN 09-3398 (Schaffer): An ordinance rezoning that property described in rezoning petition RZN 09-3398, for approximately 0.17 acres, located at 528 North College Avenue from C-2, Thoroughfare Commercial, to DG Downtown General. 2. RZN 09-3394 (Box): An ordinance rezoning that property described in rezoning petition RZN 09-3394, for approximately 1 acre, located at 2013, 2025, 2037 and 2049 Box Avenue from RSF-4, residential single-family, 4 units per acre, to RMF-6, residential multi-family, 6 units per acre. 3. VAC 09-3397 (University of Arkansas): An ordinance approving VAC 09-3397 submitted by University of Arkansas for property located at 10 North Garland to vacate approximately 5,663 square feet of existing utility easement on the subject property. 4. VAC 09-3399 (Harris): An ordinance approving VAC 09-3399 submitted by Bates and Associates for property located at 303 South West Avenue to vacate a portion of the West Avenue right-of-way and an unconstructed 30' street right-of-way on the subject property. 5. ADM 09-3423 (S. West Avenue Master Street Plan Amendment): A resolution amending the Master Street Plan, reclassifying S. West Avenue, between W. South Street and W. Prairie Street, from a 45 foot right-of-way to a 40 foot right-of-way, as described and depicted in the attached map. Agenda Additions: Announcements: 1. City Council Tour: September 14, 2009 Adjournment: 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316