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Home My WebLink About2008-04-01 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting April 01, 2008 A meeting of the Fayetteville City Council will be held on April 01, 2008 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: Agenda Additions: Liquor Store on Highway 62 A. Consent: 1. Approval of the March 18, 2008 City Council meeting minutes. APPROVED. 2. Bid # 08-25 Golden Circle Ford: A resolution to award Bid # 08-25 to Golden Circle Ford of Jackson, TN in the amount of$26,593.00 to purchase a heavy-duty, 4X4 regular cab pickup truck for use by the Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 74-08. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Bid # 08-37 Landers McLarty Ford: A resolution awarding Bid # 08-37 and approving the purchase of one (1) crew cab chassis with reading utility body from Landers McLarty Ford in the amount of$42,493.73 for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 75-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: THERE WERE NO HIRING FREEZE APPEALS. 2. ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations, Chapter 162: Use Units, Chapter 163: Use Conditions and Chapter 164: Supplementary District Regulations in order to make accessory dwelling units a permitted use in all residential zoning districts contingent upon Planning Division administrative approval. This ordinance was left on the First Reading at the March 18, 2008 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. C. Public Hearing: 1. Public Hearing for Monthly Sewer Rate Ordinance. THE MAYOR OPENED THE PUBLIC HEARING. THERE WERE NO PUBLIC COMMENTS MADE. THE MAYOR CLOSED THE PUBLIC HEARING. D. New Business: 1. WG Land Company LTD: A resolution approving a Memorandum of Understanding concerning annexation and zoning of certain real property with WG Land Company LTD Partnership. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 76-08. 2. RZN 07-2889 (Cooper): An ordinance amending ordinance number 5114 to correct the legal description for the 0.64 acre parcel rezoned by said ordinance located at the southwest corner of North College Avenue and East Cleburn Street. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5121. 3. VAC 08-2930 (Wilmoth/Wellsley Place): An ordinance approving VAC 08-2930 submitted by Dave Jorgensen for property located at 1609 Wellsley Place to vacate a portion of the utility and drainage easements on the subject property, containing a total of 643 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5122. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. ADM 08-2941 (Hoskins Parkland Variance): Submitted by Tracy Hoskins, requesting a variance from the parkland dedication contribution formula, relative to the land trade between Hoskins and the City Council as referred to in Resolution No. 149-06. THIS ITEM FAILED BY VOTE OF THE ALDERMEN. 5. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 6. Repealing and Replacing § 51.136: An ordinance repealing and replacing § 51.136, Monthly Water Rates, of the Fayetteville Code of Ordinances. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5123. 7. Repealing and Replacing § 51.137: An ordinance repealing and replacing § 51.137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 8. Repealing and Replacing § 51.138: An ordinance repealing and replacing § 51.138, Definitions pertaining to Water and Sewer Rates, of the Fayetteville Code of Ordinances. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5124. 9. Repealing and Replacing § 51.139: An ordinance repealing and replacing § 51.139, Users Outside City Limits with a new § 51.139, Reviews of Water and Sewer Rates, Notification to User of the Fayetteville Code of Ordinances. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5125. 10. Repealing and Replacing § 51.144: An ordinance repealing and replacing § 51.144, Filling Water Tanks on Commercial Trucks; Rates, of the Fayetteville Code of Ordinances. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5126. 11. Amend § 157.05 and § 171.05: An ordinance to amend § 157.05 Vacations of Streets, Alleys, Rights-of-Way and Easements and § 171.05 Procedure for Closing Utility Easements and Street Rights-of-Way. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5127. 12. Discussion of a liquor store on Highway 62. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Announcements: 1. City Council Tour: NONE Adjournment: MEETING ADJOURNED AT 7:45 P.M. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting April 1, 2008 , Subject: � ® � Motion To: Motion By: Seconded: Thiel � pp Cook U' O �'`"`� Allen k0ah Rhoads Ferrell Lucas Jordan Gray Mayor Coody r/ Subject: a A Motion To: Motion By: Seconded: Thiel Cook Allen Rhoads S Ferrell Lucas � Jordan Gray g Mayor Coody City Council Meeting April 1, 2008 ? Subject: 4A eez _ Motion To: Motion By: L9 (Lf) Seconded: Thiel Cook Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody Subject: A D /1/( • Motion To: Motion By: Seconded: Thiel �/ - �j ' (� Cook � IMS i A i��2-�/ Y Allen RhoadsXe 1204a Ferrell Lucas &NOf Jordan r Gray Mayor Coody City Council Meeting April 1, 2008 Subject: ` i - P Motion To: � Motion By: Seconded: ThieleA / v >� Cook Allen �� ► Rhoads Ferrell Lucas Jordan Gray Q: w ► Mayor Coody Subject: AAoj Motion To: v r0 �- Motion By: Seconded: Thiel Cook Allen Rhoads !` ua& Ferrell Lucas Jordan Gray Mayor Coody �-a City Council Meeting April 1, 2008 } Subject: 7, X99 C� Motion To: Motion By: Seconded: Thiel / Cook Allen ✓ �/ Rhoads �/ �/ Ferrell Lucas Jordan ✓ / GrayL100000- Ov Mayor Coody Subject: ® � _ 0 ✓ r Motion To: ,2nd G-rd ' Motion By: Seconded: Thiel Cook LZ 60000� Allen ,/ Q B Rhoads /�--� Ferrell ✓ Lucas Jordan Gray Mayor Coody City Council Meeting April 1, 2008 Subject: Q U I 40 s k i ACPa)ia,"-d Motion To: AO rQ2LA (Aff. Motion By: Seconded: Thiel Cook N rr Allen l�� %AIP/-N,,3 Rhoads Ferrell � Lucas Jordan Gray Mayor Coody Subject: Motion To: Motion By: Seconded: nn Thiel kJ• � ' Cook Allen Rhoads Ferrell Lucas Jordan Cray Mayor Coody City Council Meeting April 1, 200h Subject: f Motion To: Motion By: Seconded: ®p C� / Thiel Cook ,/" ✓ �/ Allen W) 4^4 Rhoads ►/ �/ Ferrell ✓ ✓ Lucas � ✓ ,/ pJordan h 3 Gray ✓ �/ Mayor Coody Subject: Motion To: Motion By: Seconded: b, 7, Thiel Nt,LJ Cook I A" Allen Rhoads Ferrell Lucas &A�`f tl"` Jordan Gray Ria 0 Mayor Coody �'d City Council Meeting April 1, 2008' Subject: Motion To: Motion By: Seconded: Ly b p g , Thiel f N Cook �/ ✓ a Allen ,/ �✓ ,�°' Rhoads �/ ✓ ®/ Ferrell Lucas ✓ ,� " _ Jordan ✓ ✓ Gray -� E yor Coody Subject: Motion To: V Motion By: Seconded: Thiel ✓ " fi A Cook NDJ) Allen ✓ �- p� Rhoads Ferrell ✓ �-- Lucas �,. ✓ Jordan ,/°� ✓ " Gray ✓ �� Mayor Coody City Council Meeting April 1, 20011 Subject: IQL� I A-� f- J Motion To: p Cq 5Ad i1i 4,� Motion By: ltd Seconded: D'1 Thiel ✓ / Cook a/ ✓ �� Allen Rhoads ,/ ✓ L10001, Ferrell ,/ �✓ Lucas ,/ �— �✓ Jordan Gray l aZ Mayor Coody 49 "v Subject: 15-7• 0� OS$ e Motion To: np �� Motion By: Seconded: Thiel ✓ -1 If' Cook fitto Allen ✓ ✓ ✓ Rhoads Ferrell ✓ ✓ ✓ Lucas � ✓ e/ Jordan ✓ ✓ Gray ✓ ►�� Mayor Coody City Council Meeting April 1, 2008 Subject: jD n1L Motion To: Add ' A Motion By: Seconded: Thiel Cook " 0 AllenVol" Rhoads Aokr �a _ 44� Ferrell Vol," Lucas Jordan Gray Mayor Coody Subject: Motion To: Motion By: Seconded: Thiel Cook Allen Rhoads Ferrell Lucas Jordan Gray Mayor Coody Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PVj C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting April 01, 2008 A meeting of the Fayetteville City Council will be held on April 01, 2008 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: Agenda Additions: A. Consent: 1. Approval of the March 18, 2008 City Council meeting minutes. 2. Bid # 08-25 Golden Circle Ford: A resolution to award Bid # 08-25 to Golden Circle Ford of Jackson, TN in the amount of$26,593.00 to purchase a heavy-duty, 4X4 regular cab pickup truck for use by the Fire Department. 3. Bid # 08-37 Landers McLarty Ford: A resolution awarding Bid # 08-37 and approving the purchase of one (1) crew cab chassis with reading utility body from Landers McLarty Ford in the amount of$42,493.73 for use by the Transportation Division. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: 2. ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations, Chapter 162: Use Units, Chapter 163: Use Conditions and Chapter 164: Supplementary District Regulations in order to make accessory dwelling units a permitted use in all residential zoning districts contingent upon Planning Division administrative approval. This ordinance was left on the First Reading at the March 18, 2008 City Council meeting. C. Public Hearing: 1. Public Hearing for Monthly Sewer Rate Ordinance. D. New Business: 1. WG Land Company LTD: A resolution approving a Memorandum of Understanding concerning annexation and zoning of certain real property with WG Land Company LTD Partnership. 2. RZN 07-2889 (Cooper): An ordinance amending ordinance number 5114 to correct the legal description for the 0.64 acre parcel rezoned by said ordinance located at the southwest corner of North College Avenue and East Cleburn Street. 3. VAC 08-2930 (Wilmoth/Wellsley Place): An ordinance approving VAC 08-2930 submitted by Dave Jorgensen for property located at 1609 Wellsley Place to vacate a portion of the utility and drainage easements on the subject property, containing a total of 643 square feet. 4. ADM 08-2941 (Hoskins Parkland Variance): Submitted by Tracy Hoskins, requesting a variance from the parkland dedication contribution formula, relative to the land trade between Hoskins and the City Council as referred to in Resolution No. 149-06. 5. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. 6. Repealing and Replacing § 51.136: An ordinance repealing and replacing § 51.136, Monthly Water Rates, of the Fayetteville Code of Ordinances. 7. Repealing and Replacing § 51.137: An ordinance repealing and replacing § 51.137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances. 8. Repealing and Replacing § 51.138: An ordinance repealing and replacing § 51.138, Definitions pertaining to Water and Sewer Rates, of the Fayetteville Code of Ordinances. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 9. Repealing and Replacing § 51.139: An ordinance repealing and replacing § 51.139, Users Outside City Limits with a new § 51.139, Reviews of Water and Sewer Rates, Notification to User of the Fayetteville Code of Ordinances. 10. Repealing and Replacing § 51.144: An ordinance repealing and replacing § 51.144, Filling Water Tanks on Commercial Trucks; Rates, of the Fayetteville Code of Ordinances. 11. Amend §157.05 and §171.05: An ordinance to amend §157.05 Vacations of Streets, Alleys, Rights-of-Way and Easements and §171.05 Procedure for Closing Utility Easements and Street Rights-of-Way. Announcements: 1. City Council Tour: NONE Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org WG Land Company LTD Page 1 of 2 Memorandum of Understandine This Memorandum of Understanding,made and entered into this day of April, 2008,by and between the City of Fayetteville,Arkansas,a municipal corporation, 113 W. Mountain,Fayetteville,Arkansas, and WG Land Company Ltd.Partnership, 3535 North College Avenue,Fayetteville,Arkansas WG Land Company Ltd.Partnership agrees to seek de-annexation of its real property abutting the proposed Van Asche Boulevard Extension from the City of Johnson once the proposed street extension is funded and scheduled for construction by the City of Fayetteville. In return,the City of Fayetteville agrees to annex the real property adjacent to the proposed Van Asche Boulevard Extension with the following understandings: 1 That the property will be annexed into the City of Fayetteville as an R/A Zoning District, and will remain so until actual development and construction of future improvements is commenced; 2 That as the property is brought into development,the portion of the property north of the proposed Van Asche Boulevard Extension shall be re-zoned to an Industrial Zoning District consistent with its use for warehousing and cold storage; and, 3 That as the property is brought into development,the portion of the property south of the proposed Van Asche Boulevard Extension shall be re-zoned to a Commercial Zoning District. CITY OF FAYETTEVILLE: By: DAN COODY,Mayor ATTEST: By: SONDRA E.SMITH,City Clerk/Treasurer WG LAND COMPANY LTD.PARTNERSHIP By: t— ✓�1 ROBERT G.WHITFIELD,Genera D. 1 WG Land Company LTD Page 2 of 2 D.5 Amend Chapters 151, 152 and 166 Page 1 of 4 ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO AMEND CHAPTER 151: DEFINITIONS, CHAPTER 152: ADMINISTRATION AND CHAPTER 166: DEVELOPMENT IN ORDER TO PROHIBIT OR REGULATE DECENTRALIZED SEWER SYSTEMS WITHIN THE CITY LIMITS WHEREAS, the City Council has the authority under A.C.A. § 14-236-01 to regulate the disposal of waste and wastewater; and WHEREAS, the City of Fayetteville provides a community sewer system that efficiently and safely disposes of water and wastewater; and WHEREAS, the Community sewage systems or decentralized sewer systems pose potential environmental and management concerns. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ARKANSAS: Section 1: The City Council of the City of Fayetteville, Arkansas hereby amends §151.01 Definitions of the UDC by adding the definition of Community sewage system as shown below: "Community sewage system. (Development) Any non-publicly owned system serving two (2) or more individual houses, housing units, apartments or other occupied structures for the collection and disposal of domestic, non-residential or industrial wastewater of a liquid nature, including various devices for the collection, conveyance and treatment of the treated wastewater effluent and the monitoring of the affected groundwater quality and the management of the associated solid waste by-products (septage and sludge). (Also known as decentralized sewer systems)" D.5 Amend Chapters 151, 152 and 166 Page 2 of 4 Section 2: The City Council of the City of Fayetteville, Arkansas hereby amends §152.01 of the UDC by enacting a new subsection 152.01 (U) as follows: "(U) Water and Sewer Systems: City Engineer." Section 3: The City Council of the City of Fayetteville, Arkansas, hereby repeals §166.03 (I) Public sanitary sewer not accessible in its entirety and enacts a new §166.03 (1) Public sanitary sewer not accessible as shown on Exhibit "A" attached. Section 4: The City Council of the City of Fayetteville, Arkansas hereby repeals §166.04 (A)(10)(b) Public sanitary sewer system not accessible and enacts a replacement §166.04 (A)(10)(b) Public sanitary sewer system not accessible as shown on Exhibit "B" attached. PASSED and APPROVED this day of April, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer D.5 Amend Chapters 151, 152 and 166 Page 3 of 4 EXHIBIT "A" To be inserted at Chapter 166: Development: 166.03(l) (4) Annexation of community sewage (1) Public sanitary sewer accessible. systems. Where a community sewage Where a public sanitary sewer is system is annexed into the City, then reasonably accessible, the subdivider the following shall apply: shall connect with such sewer, and each lot within the subdivision shall be (a) Unconstructed systems. The provided with a connection thereto. All wastewater system shall be connections shall be subject to the designed such that the entire approval of the City Engineer. Individual collection system is a traditional- service lines shall be installed, and style gravity sewer system that individual connections shall be made carries all wastewater flow to prior to the paving of the street, if centralized treatment facilities and - possible. shall meet City standards for design construction. The system must also (2) Public sanitary sewer not accessible. be designed such that there is one Where a subdivision is proposed so that single point of connection from each lot has a minimum gross area of which a future gravity connection one and one-half acres, an individual can be made to the City sanitary sewage disposal system for each lot sewer system when the latter may be used; for lots having a gross becomes available. This connection area of less than one and one-half shall be made at the expense of the acres, an individual sewage disposal owner of the decentralized system may be used for each individual wastewater system. lot when a permit for a septic system is granted by the Arkansas Department of (b)Constructed systems. Systems Health. A copy of the Arkansas constructed prior to annexation into Department of Health permit granted for the City must tie to the City sanitary each lot shall be provided at the time the sewer system when a City sanitary application is submitted for subdivision sewer main is constructed within 300 or lot split approval for all lots less than feet of the community sewage one and one-half acres. Existing septic system and such main is reasonably systems, sewage disposal fields (leach available to the community sewage fields), alternate disposal fields required system.This connection shall be by state law and water wells on-site or made at the expense of the owner of off-site within 100 feet shall be shown the decentralized wastewater on all proposed subdivisions and lot system. splits. State law reference(s)—"Arkansas (3) Community sewage systems. The Sewage Disposal Systems Act," A.C.A. §14-236- construction of community sewage 101 et seq. systems or decentralized sewer systems shall be prohibited within the City. D.5 Amend Chapters 151, 152 and 166 Page 4 of 4 D. 11 nd 171.05 ALDERMAN AGENDA REQUEST FORM Amend 157.05 Page 1 of FOR: COUNCIL MEETING OF APRIL 1, 2008 FROM: ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §157.05 Vacations Of Streets, Alleys, Rights-Of-Way And Easements And §171.05 Procedure For Closing Utility Easements And Street Rights-Of-Way APPROVED FOR AGENDA: O Bobby Ferrel Date Alderman '3 it Williams Date City Attorney(as to form) D. 11 TTEVI Lys LjLpand 171AS 1e. rL l-IJage 2 of 6 THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Alderman Bobby Ferrell FROM: Kit Williams, City Attorney �� --- DATE: March 11, 2008 RE: Code Amendment to permit vacation request to go directly to City Council I found two code sections in the Unified Development Code that would need to be amended so that the normal procedure for vacation requests could be shortened and be referred directly to the City Council. Attached is a proposed ordinance would amend both of these sections. I required a two-thirds majority to bypass the Planning Commission for two reasons: (1) assure the City Council that this would be applied only in rare and necessary occasions; and (2) the ordinance will need a two-thirds vote to Suspend the Rules and allow for passage in one meeting. If an applicant cannot get six votes for the exception, the applicant probably cannot get six votes to Suspend the Rules. If this looks like what you want, please let me know, and I will run it past Jeremy for his input and to ensure I have not missed another code section that would need amendment. D. 11 Amend 157.05 and 171.05 Page 3 of 6 ORDINANCE NO. AN ORDINANCE TO AMEND §157.05 VACATIONS OF STREETS, ALLEYS, RIGHTS-OF-WAY AND EASEMENTS AND §171.05 PROCEDURE FOR CLOSING UTILITY EASEMENTS AND STREET RIGHTS-OF-WAY WHEREAS, A.C.A. §14-54-104 gives the City Council the power to vacate public grounds not required for corporate purposes; and WHEREAS, vacations of streets, alleys, rights-of-way and easements should normally be considered by the City Council only after receiving a recommendation of the Planning Commission and after a public notice as currently required by the Unified Development Code; and WHEREAS, a rare situation might occur when the City Council would need to vacate an easement or unbuilt road or alley so promptly that consideration by the Planning Commission and publication of notice would not be feasible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §157.05 Vacations of Streets, Alleys, Rights-of-Way and Easements by enacting a new subsection (C) as follows: "(C) Exception " No recommendation from the Planning Commission nor publication before the City Council's public hearing shall be required if the City Council finds the following by a vote of at least two-thirds of its members and the Mayor: "(1) The street, alley, or right-of-way to be vacated has not been constructed or has not been used by the public for at least five years or the easement does not contain any utilities within the area to be vacated; and D. 11 Amend 157.05 and 171.05 Page 4 of 6 "(2) Special circumstances exist which require prompt consideration of the vacation request and justify the bypass of the Planning Commission and special publication of the notice for the public hearing. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §171.05 Procedure For Closing Utility Easements and Street Rights-of-Way by enacting a new subsection(E) as follows: "(E) Exception "The vacation request need not be presented to the Planning Commission before being submitted to the City Council if the City Council finds the following by a vote of at least two-thirds of its membership and the Mayor: "(1) The street, alley, or right-of-way to be vacated has not been constructed or has not been used by the public for at least five years or the easement does not contain any utilities within the area to be vacated; and "(2) Special circumstances exist which require prompt consideration of the vacation request and justify the bypass of the Planning Commission. PASSED and APPROVED this 15S day of April, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer D. 11 Amend 157.05 and 171.05 Fayetteville Code of Ordinances Page 5 of 6 (c) Method of notice. Method of notice shall 157.05 Vacations of Streets, Alleys, re certified mail, return receipt Rights-of-Way, and Easements requested, to the property owner's last known address. _ (A) Public hearing required. The City Council shall (5) Facilities emitting odors and facilities hold a public hearing, after receiving a handling explosives. recommendation by the Planning Commission, on applications requesting vacation of streets, (a) Who gets notice. All owners of property alleys,rights-of-way,and easements. within 500 feet of boundary line of the property intended to contain the use. (B) Notice of public hearing. Notice of public hearing shall be published, by the City Clerk, in a (b) When. At least 10 days prior to the newspaper of general circulation in the city prior public hearing. to the public hearing. (c) Methods of notice. (Code 1965,§ 18-15;Ord.No. 1685,7-7-69;Ord.No. 1898, 1-16-73; Code 1991, §98.13; Ord. No. 3925, §1, 10-3-95; Ord.No.4100,§2(Ex.A),6-16-98) (i) Mail .Certified mail, return receipt requested, to the property owner's Cross reference(s)-Streets and Sidewalks,Ch.171. last known address. 157.06 Appeals of Staff Decisions/ (it) Publish. Publication in a newspaper Interpretations- Board of Adjustment of general circulation within the city. 6 (A) Public hearing required. The Board of OWireless communications facilities. Adjustments shall hold a public hearing on (a) Who gets notice. Applicants requesting appeals of staff decisions/interpretations Permits for new towers shall notify concerning Zoning,Chapters 160 through 165. Property owners within 500 feet radius (B) Notice of public hearing. from the center of the tower; applicants requesting permits for co-location shall (1) Zoning regulations. The Board of not require notification. Adjustment shall 1 give the following notice of (b) Method of notice. Notification shall be appeals of zoning regulations. certified mail for adjoining property owners, including across streets and (a) Who gets notice. Due notice to the regular mail for the remaining property parties in interest. owners within the notification area. (b) When. Seven(7)day's public notice. (C) Proof of notice. Prior to the public hearing, the (2) Airport zone. The Board of Adjustment shall following, if required, shall be filed with the ) Planning Division. publish a local newspaper of general circulation in the city at least 15 days prior to (1) Receipts. Return receipts. the public hearing. (2) Plan. Site plan drawings. (C) Sign. A sign 18 inches high and 24 inches wide shall be placed upon property seven (7) days (3) Proof of publication. Proof of publication. before the date of the public hearing. (4) Notices. Signed notices. (D) City Council. The City Council shall also give notice of such hearing to interested persons and (Code 1965, App.A.,Art. 7(10), (20); Ord. No. 1747, 6.29- organizations as it deems feasible and practical. 70; Ord. No. 1880, 8-15-72; Ord. No. 2486, 11-21-78; Ord. (Code 1965, App. A., Art. 10(2); Ord. No. 1747, 6-29-70; 16 95, 1 .096; 0; Code 716, §§160.085, rd. N0, Ord. No.2538,7-3-79;Code 1991, §§160.172, 162.03;Ord. 160.095, 4-19-9 ;; Ord. No. 3716, §3, 6-15,9-1 Ord. rd. No.3699,§3,4-20-93;Ord.No.3716,§2,6.15-93;Ord.No. 3780,§1,419-94;Ord.No.4100, §2(Ex.A),6-16-98;Ord. No.4176,8-31-99) 3925,§7,10-3-95;Ord.No.3901, 1 7-5-95;Ord.No.3963, §9,4-16-96;Ord.No.4100,§2(Ex. 6-16.98. Cross reference(s)-Appeals,Ch.155. CD167:6 D. 11 Amend 157.05 and 171.05 Page 6 of 6 Fayetteville Code of Ordinances (Code 1965, §18-14; Ord. No. 2267, 8-17-76; Code 1991, §98.12;Ord.No.4100,§2(Ex.A),6-16-98) Ordinary Hill Approach 25 mph 20 mph 171.05 Procedure For Closing Utility Sight distance 90 feet 70 feet Easements And Street Rights-Of-Way Grades within 100 ft. Flat 4% The procedure for closing of streets and alleys shall MiniMuM222Le 750 750 hereafter be as follows: (A) Information to City Clerk. Petitioners shall Minimum Curb Radius present to the City Clerk in duplicate the following Minor streets 30 feet 30 feet information before processing shall begin: Collector streets 1 50 feet 1 50 fee[ (1) Petitlonlplat. Petition to close and vacate street or alley, including a certified or Minimum Jog photostatic copy of the plat on record in the 1.Minor streets 150 feet 1 150 feet Circuit Clerk's office. Collector streets1 200 feet 1 200 feet (2) Abstractor's certificate. Abstractor's (Code 1965, App. C., Art. IV, §E; Ord. No. 2196, 2-17-76; certificate of ownership. Code 1991,§159.50;Ord.No.4100,§2(Ex.A),6-16-98) (3) Utilities comments. Comments from owners 171.03 Street Improvements or agents, of all utility companies concerning streets or alleys to be closed and its (A) When commercial, industrial, residential or multi- relationship to existing or planned utilities, family development takes place along any street with recommendations, as to what action which is not constructed according to the citys should be taken. existing standards,the developer shall: (B) Information to Zoning and Development (1) Dedicate sufficient right-of-way to bring the AdministratodPlanning Commission. One copy street into conformance with the right-of-way of the above shall be presented by the City Clerk requirements of the city's Master Street Plan, to the Zoning and Development Administrator provided,the City Council may vary the right- who shall submit same for review and of-way dedication requirement imposed recommendation of the Planning Commission. hereby in the event of undue hardship; (C) Recommendation to City Council. The (2) Install street paving, curbs, gutters, and recommendation of the Planning Commission sidewalks necessary to bring the street into shall be forwarded to the City Council. conformity with all existing city standards. The developer shall be required to bear that (D) Record with Circuit Clerk. If an ordinance is portion of the costs of said improvements adopted closing or vacating the street or alley, it which bears a rational nexus to the needs shall be published and reported in the Circuit created by the development. Clerk's office. (B) The requirements of this section shall not apply (Code 1965, §18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898, where the development will not increase the 1-16-73; Code 1991, §98.13; Ord. No. 3925, §t, 10-3-95; amount of vehicular traffic on the abutting street. Ord.No.4100,§2(Ex.A),6-16-98) (Code 1965,App.C.,Art.IV,§J;Ord.No. 8-2-83;Ord. No.3302,10-20-87;Code 1991,§159.55;Ord. Cross reference(s)--Notifications and Public Hearings, Ord.No.4100,§2 Ch.157,Fees,Ch. 159. (Ex.A),6-16-98) 171.06 Occupation Of Streets And 171.04 Crosswalks To Be Accessible To Highways By Public Utilities Physically Disabled Any public utility, as defined by state law, which At all pedestrian crosswalks on collector and arterial occupies the streets, highways or other public places streets, in commercial zones, and on those streets of the city under a franchise granted by the city or the financed by federal funds throughout the city, state shall occupy said streets, highways or other adequate and reasonable access for the safe and Public places subject to the following terms and convenient movement of physically handicapped conditions: persons, including those in wheelchairs, across curbs (A) Written approval. A public utility shall not erect or constructed or replaced on or after the effective date of this section shall be provided. place any facility more than seven (7) feet inside the right-of-way line for any street without the CD171:4 City Council Meeting Minutes March 18,2008 Page l of 19 Aldermen Ward I Position I — Adella Gray Mayor Dan Coody l't Ward I Position 2 — Brenda Thiel City Attorney Kit Williams Ward 2 Position 1 — Kyle B. Cook -` Ward 2 Position 2 —Nancy Allen Ward 3 Position l — Robert K. Rhoads City Clerk Sondra Smith 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 March 18, 2008 A meeting of the Fayetteville City Council was held on March 18, 2008 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 Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Deputy City Clerk Amber Wood, Staff, Press, and Audience Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: This is the first live web streaming meeting exercise we are going through and Amber Wood, Deputy City Clerk is working with the company that is live web streaming. Presentations, Reports and Discussion Items: Sustainability Report: John Coleman, Sustainability Coordinator gave an update on the sustainability efforts of the city. He stated the utility costs are down from last year, but this is not a trend because more data needs to be collected. He has set up a sustainability team that is made up of City employees. Alderman Thiel thanked John for his service and the work that he has done for the Environmental Concerns Committee. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e.org City Council Meeting Minutes March 18,2008 Page 2 of 19 Nominating Committee Report: Alderman Cook presented the Nominating Committee Report. A copy of the report is attached. Alderman Ferrell moved to approve the Nominating Committee Report. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. Aizenda Additions: None Consent: Approval of the March 04, 2008 City Council meeting minutes. Approved Landers Ford State Vehicle Purchase: A resolution approving the purchase of two (2) compact extended cab 2X4 pickup trucks from Landers Ford through the state vehicle purchase contract in the amount of$23,784.00 for use by the Meter Division. Resolution 52-08 as Recorded in the office of the City Clerk. Bid # 08-17 Truck Centers of Arkansas: A resolution awarding Bid # 08-17 and approving the purchase of two (2) tandem axle dump trucks from Truck Centers of Arkansas in the amount of $200,050.00 for use by the Water & Sewer Division. Resolution 53-08 as Recorded in the office of the City Clerk. Bid # 08-18 Truck Centers of Arkansas: A resolution awarding Bid # 08-18 and approving the purchase of two (2) tandem axle dump trucks with auxiliary hydraulics from Truck Centers of Arkansas in the amount of$210,960.00 for use by the Transportation Division. Resolution 54-08 as Recorded in the office of the City Clerk. Bid # 08-19 Truck Centers of Arkansas: A resolution awarding Bid # 08-19 and approving the purchase of one (1) tri-axle dump truck from Truck Centers of Arkansas in the amount of $106,259.00 for use by the Transportation Division. Resolution 55-08 as Recorded in the office of the City Clerk. Bid # 08-20 Truck Centers of Arkansas: A resolution awarding Bid # 08-20 and approving the purchase of three (3) recycle trucks from Truck Centers of Arkansas in the amount of $471 ,873.00 for use by the Solid Waste & Recycling Division. Resolution 56-08 as Recorded in the office of the City Clerk. 113 West Mountain 72701 (479) S21-7700 (479) 575-8257 (Fax) accessfayettevi Ile.org